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spokanevalleyfullcode0215CITY OF SPOKANE VALLEY MUNICIPAL CODE A Codification of the General Ordinances of the City of Spokane Valley, Washington Reformatted, Indexed, and Published by CODE PUBLISHING COMPANY Seattle, Washington 2004 (Revised 12/07) TABLE OF CONTENTS Preface How to Amend the Code Table of Revised Pages Title 1 General Provisions Title 2 Administration and Personnel Title 3 Revenue and Finance Title 4 (Reserved) Title 5 Business Licenses and Regulations Title 6 Parks Title 7 Health and Safety Title 8 Criminal Code Title 9 Vehicles and Traffic Title 10 Commute Trip Reduction Uniform Development Code Title 17 General Provisions Title 18 Boards and Authorities Title 19 Zoning Regulations Title 20 Subdivision Regulations Title 21 Environmental Controls Title 22 Design and Development Standards Title 23 (Reserved) Title 24 Building Codes Title 25 (Reserved) Appendices Tables Index (Revised 12/07) PREFACE Citation to the Spokane Valley Municipal Code: This code should be cited as SVMC; i.e., “see SVMC 3.05.010.” An SVMC title should be cited SVMC Title 3. An SVMC chapter should be cited Chapter 3.05 SVMC. An SVMC section should be cited SVMC 3.05.010. Through references should be made as SVMC 3.05.010 through 3.05.040. Series of sections should be cited as SVMC 3.05.010, 3.05.020, and 3.05.030. Numbering system: The number of each section of this code consists of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus SVMC 3.05.020 is Title 3, chapter 5, section 20. The section part of the number (.020) initially consists of three digits. This provides a facility for numbering new sections to be inserted between existing sections already consecutively numbered. In most chapters of the SVMC, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Legislation: The legislative source of most sections is enclosed in parentheses at the end of the section. References to ordinances are abbreviated; thus “ (Ord. 2221 § 1, 1995; Ord. 2024 § 2, 1991)” refers to section 1 of Ordinance No. 2221 and section 2 of Ordinance No. 2024. “Formerly” followed by an SVMC citation preserves the record of original codification. A semicolon between ordinance citations indicates an amendment of the earlier section. Codification tables: To convert an ordinance citation to its SVMC number consult the codifica- tion tables. Index: A complete subject matter index is included for SVMC Titles 1 through 24. The index includes complete cross-referencing and is keyed to the section numbers described above. Errors or omissions: Although considerable care has been used in the production of this code, it is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is requested that a note citing the section involved and the nature of the error be e-mailed to: CPC@codepublishing.com, so that correction may be made in a subsequent update. Computer access: Code Publishing Company supports a variety of electronic formats for search- ing, extracting, and printing code text; please call the publisher for more information. CODE PUBLISHING COMPANY Seattle, Washington (206) 527-6831 How to Amend the Code Code Structure and Organization The code is organized using a 3-factor decimal numbering system which allows for additions between sec- tions, chapters, and titles, without disturbing existing numbers. 2 . 04 . 050 Title Chapter Section Typically, there are 9 vacant positions between sections; 4 positions between chapters, and several title num- bers are “Reserved” to allow for codification of new material whose subject matter may be related to an existing title. Ordinances of a general or public nature, or one imposing a fine, penalty or forfeiture, are codifiable. Prior to enacting a codifiable ordinance, ascertain whether the code already contains provisions on the topic. Additions If the proposed ordinance will add material not contained in the code, the ordinance will specify an “addi- tion”; that is, a new title, chapter, section, or subsection, will be added. For example: Section 1.Chapter 5.20, Taxicab Licenses, is added to read as follows: -or- Section 1. A new title, Title 18, Zoning, is added to read as follows: A specific subsection can also be added when appropriate: Section 2.Subsection D is added to Section 5.05.070, to read as follows: Amendments If the ordinance amends existing code provisions, specify the affected section or chapter numbers in the ordi- nance. This kind of amendment typically adds a section to an existing chapter, or amends an existing section. Set out the entire section or subsection, not just the text (e.g., sentence) that was changed. For example: Section 1.Section 5.05.030 is amended to read as follows: -or- Section 1. Section 5.05.035, Additional fees, is added to Chapter 5.05 to read as follows: An ordinance can also amend a specific subsection of a code section: Section 3.Subsection B of Section 5.05.070 is amended to read: Repeals Ordinances which repeal codified material should specify the code chapter, section, or subsection number. The chapter, section, or subsection numbers will be retained in the code, along with their title, as a record of ordi- nance activity (and as an explanation for gaps in the numbering sequence). The number of the repealed section or chapter number can be reused at a later time when desired. For example: Section 2.Section 5.05.020, License, is repealed. Renumbering If the ordinance renumbers existing code provisions (either sections or subsections), identify how remaining sections or subsections should be renumbered (or relettered). Codification Assistance Code Publishing Company can assist either in specifying code numbers or in providing other codification related problems free of charge. Please call us at (206) 527-6831. Spokane Valley Municipal Code Table of Revised Pages i (Revised 2/15) TABLE OF REVISED PAGES The following table is included in this code as a guide for determining whether the code volume properly reflects the latest printing of each page. This table will be updated with the printing of each supplement. Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error when pages are replaced on a page-for-page substitution basis. The “Page” column lists all page numbers in sequence. The “Revised Date” column reflects the latest revision date (e.g., “(Revised 9/04)”) and printing of pages in the up-to-date volume. A “—” indicates that the page has not been revised since the 2004 publication. This table reflects all changes to the code through Ordinance 15-001, passed January 27, 2015. Page Revised Date Table of Contents............................................ 12/07 Preface ............................................................ 12/07 Title 1 1 ...................................................................... 10/06 3, 4 .................................................................. 7/07 5, 6 .................................................................. 7/07 7 ...................................................................... 10/06 Title 2 1 ...................................................................... 12/07 3, 4 .................................................................. 7/07 4.1, 4.2 ............................................................ 12/06 5, 6 .................................................................. 2/06 6.1, 6.2 ............................................................ 2/06 7, 8 .................................................................. 3/12 9, 10 ................................................................ 8/13 10.1, 10.2 ........................................................ 8/13 11, 12............................................................... 12/07 13, 14 .............................................................. 12/07 15, 16 .............................................................. 12/07 17, 18 .............................................................. 3/11 19, 20 .............................................................. 3/11 21 .................................................................... 3/11 Title 3 1 ...................................................................... 2/10 3, 4 .................................................................. 5/14 5, 6 .................................................................. 5/14 7, 8 .................................................................. 5/14 9, 10 ................................................................ 2/10 11, 12............................................................... 2/15 12.1, 12.2 ........................................................ 2/15 13, 14 .............................................................. 7/07 15, 16 .............................................................. 7/07 17, 18 .............................................................. 7/07 19, 20 .............................................................. 2/10 20.1, 20.2 ........................................................ 8/09 20.3, 20.4........................................................ 2/10 20.5, 20.6........................................................ 2/10 20.7, 20.8........................................................ 2/10 20.9, 20.10...................................................... 2/10 20.11, 20.12 .................................................... 2/10 20.13, 20.14.................................................... 2/10 20.15, 20.16.................................................... 2/10 20.17, 20.18.................................................... 2/10 21, 22.............................................................. 2/10 22.1, 22.2........................................................ 10/08 22.3, 22.4........................................................ 10/08 22.5, 22.6........................................................ 10/08 23, 24.............................................................. 2/06 25, 26.............................................................. 10/08 27.................................................................... 10/08 Title 4 1...................................................................... — Title 5 1...................................................................... 8/12 3, 4.................................................................. 9/10 4.1, 4.2............................................................ 3/12 4.3, 4.4............................................................ 8/11 4.5, 4.6............................................................ 8/11 4.7, 4.8............................................................ 9/10 4.9, 4.10.......................................................... 9/10 5, 6.................................................................. 2/10 6.1, 6.2............................................................ 8/12 7, 8.................................................................. 3/12 9, 10................................................................ 8/12 Title 6 1...................................................................... — 3, 4.................................................................. 2/10 5, 6.................................................................. 2/10 Page Revised Date Table of Revised Pages Spokane Valley Municipal Code (Revised 2/15)ii Title 7 1....................................................................... 8/11 3, 4................................................................... 3/13 5, 6................................................................... 3/13 7, 8/20.............................................................. 3/13 21, 22............................................................... 9/10 23, 24............................................................... 9/10 24.1, 24.2......................................................... 9/10 24.3, 24.4......................................................... 3/12 24.5, 24.6......................................................... 2/10 24.7, 24.8......................................................... 2/10 25, 26............................................................... 2/15 27, 28............................................................... 2/15 29, 30............................................................... 2/15 30.1, 30.2......................................................... 2/15 31, 32............................................................... 8/11 Title 8 1....................................................................... 5/14 3, 4................................................................... 3/12 5, 6................................................................... 3/12 7, 8................................................................... 2/06 9, 10................................................................. 3/12 11, 12............................................................... 3/13 12a, 12b........................................................... 9/10 13, 14............................................................... 3/12 15, 16............................................................... 3/12 17, 18............................................................... 5/14 Title 9 1....................................................................... 3/13 3, 4................................................................... 5/14 4.1, 4.2............................................................. 5/14 5, 6................................................................... — 7, 8................................................................... — 9, 10................................................................. 5/14 10.1, 10.2......................................................... 5/14 11, 12............................................................... 3/13 13..................................................................... 3/13 Title 10 1....................................................................... 12/07 3, 4................................................................... 9/10 5, 6................................................................... 9/10 7, 8................................................................... 9/10 9, 10................................................................. 9/10 11..................................................................... 9/10 Page Revised Date Title 17 1....................................................................... 12/07 3, 4................................................................... 9/10 5, 6................................................................... 8/09 7, 8................................................................... 9/10 9, 10................................................................. 9/10 10.1, 10.2......................................................... 8/09 11, 12............................................................... 12/07 13, 14............................................................... 9/10 14.1, 14.2......................................................... 9/10 15, 16............................................................... 8/09 17, 18............................................................... 2/09 19, 20............................................................... 2/09 21, 22............................................................... 3/13 23, 24............................................................... 3/13 25, 26............................................................... 3/13 27, 28............................................................... 3/13 29, 30............................................................... 3/13 Title 18 1....................................................................... 2/10 3, 4................................................................... 8/11 5, 6................................................................... 2/10 7....................................................................... 2/10 Title 19 1....................................................................... 5/14 3, 4................................................................... 2/10 5, 6................................................................... 3/11 6.1, 6.2............................................................. 3/12 7, 8................................................................... 2/10 9, 10................................................................. 2/15 11, 12............................................................... 3/13 13, 14............................................................... 3/13 15, 16............................................................... 2/15 16.1, 16.2......................................................... 2/15 17, 18............................................................... 2/10 19, 20............................................................... 2/10 21, 22............................................................... 2/15 22.1, 22.2......................................................... 2/15 22.3, 22.4......................................................... 2/15 22.5, 22.6......................................................... 2/15 22.6a, 22.6b..................................................... 2/15 22.6c, 22.6d..................................................... 2/15 22.7, 22.8......................................................... 8/11 23, 24............................................................... 12/07 25, 26............................................................... 2/15 27, 28............................................................... 2/15 29, 30............................................................... 2/15 Page Revised Date Spokane Valley Municipal Code Table of Revised Pages iii (Revised 2/15) 31, 32 .............................................................. 2/15 33, 34 .............................................................. 2/15 35, 36 .............................................................. 2/15 37, 38 .............................................................. 8/11 39, 40 .............................................................. 12/07 41 .................................................................... 12/07 Title 20 1 ...................................................................... 8/09 3, 4 .................................................................. 8/09 5, 6 .................................................................. 3/12 7, 8 .................................................................. 3/12 9, 10 ................................................................ 8/09 11, 12............................................................... 8/09 13, 14 .............................................................. 8/09 15, 16 .............................................................. 3/12 17 .................................................................... 3/12 Title 21 1 ...................................................................... 12/07 3, 4 .................................................................. 8/13 4.1, 4.2 ............................................................ 8/13 5, 6 .................................................................. 12/07 7, 8 .................................................................. 12/07 9, 10 ................................................................ 12/07 11, 12............................................................... 12/07 13, 14 .............................................................. 12/07 15, 16 .............................................................. 12/07 17, 18 .............................................................. 12/07 19, 20 .............................................................. 12/07 21, 22 .............................................................. 12/07 23, 24 .............................................................. 12/07 25, 26 .............................................................. 12/07 27, 28 .............................................................. 12/07 29, 30 .............................................................. 9/10 31, 32 .............................................................. 12/07 33, 34 .............................................................. 12/07 35, 36 .............................................................. 9/10 37, 38 .............................................................. 12/07 39, 40 .............................................................. 12/07 41, 42 .............................................................. 12/07 43, 44 .............................................................. 12/07 45, 46 .............................................................. 12/07 47, 48 .............................................................. 12/07 49, 50 .............................................................. 12/07 51, 52 .............................................................. 12/07 53, 54 .............................................................. 12/07 55, 56 .............................................................. 12/07 57, 58 .............................................................. 12/07 59, 60 .............................................................. 12/07 Page Revised Date 61, 62.............................................................. 12/07 63, 64.............................................................. 12/07 65, 66.............................................................. 12/07 67, 68.............................................................. 9/10 Appendix 21-H Table of Contents............................................ 12/07 i, ii................................................................... 12/07 iii, iv................................................................ 12/07 1-1, 1-2............................................................ 12/07 1-3, 1-4............................................................ 12/07 1-5, 1-6............................................................ 12/07 1-7................................................................... 12/07 2-1, 2-2............................................................ 12/07 2-3................................................................... 12/07 3-1, 3-2............................................................ 12/07 3-3, 3-4............................................................ 12/07 3-5, 3-6............................................................ 12/07 3-7, 3-8............................................................ 12/07 3-9, 3-10.......................................................... 12/07 3-11, 3-12........................................................ 12/07 3-13, 3-14........................................................ 12/07 3-15, 3-16........................................................ 12/07 3-17................................................................. 12/07 4-1, 4-2............................................................ 12/07 4-3, 4-4............................................................ 12/07 4-5, 4-6............................................................ 12/07 4-7, 4-8............................................................ 12/07 4-9, 4-10.......................................................... 12/07 4-11, 4-12........................................................ 12/07 4-13, 4-14........................................................ 12/07 4-15, 4-16........................................................ 12/07 4-17, 4-18........................................................ 12/07 4-19, 4-20........................................................ 12/07 4-21, 4-22........................................................ 12/07 4-23, 4-24........................................................ 12/07 4-25, 4-26........................................................ 12/07 4-27, 4-28........................................................ 12/07 4-29, 4-30........................................................ 12/07 4-31, 4-32........................................................ 12/07 4-33................................................................. 12/07 5-1, 5-2............................................................ 12/07 5-3, 5-4............................................................ 12/07 5-5, 5-6............................................................ 12/07 5-7, 5-8............................................................ 12/07 Appendix 21-I 1, 2.................................................................. 12/07 3...................................................................... 12/07 Page Revised Date Table of Revised Pages Spokane Valley Municipal Code (Revised 2/15)iv Title 22 1....................................................................... 3/11 3, 4................................................................... 2/10 5, 6................................................................... 2/10 7, 8................................................................... 2/15 9, 10................................................................. 2/15 11, 12............................................................... 2/15 13, 14/16.......................................................... 2/15 17, 18............................................................... 5/14 19, 20............................................................... 8/12 21, 22............................................................... 8/12 23, 24............................................................... 8/12 25, 26............................................................... 8/12 27, 28............................................................... 8/12 29, 30............................................................... 8/12 30.1, 30.2......................................................... 8/12 31, 32............................................................... 12/07 33, 34............................................................... 12/07 35, 36............................................................... 12/07 37, 38............................................................... 5/14 39, 40............................................................... 5/14 41, 42............................................................... 5/14 43, 44............................................................... 5/14 44.1, 44.2......................................................... 5/14 45, 46............................................................... 12/07 47, 48............................................................... 3/13 49, 50............................................................... 2/10 51, 52............................................................... 2/10 53, 54............................................................... 12/07 55, 56............................................................... 10/08 57, 58............................................................... 10/08 59..................................................................... 3/11 Appendix 22-B 1, 2................................................................... 12/07 3, 4................................................................... 12/07 5, 6................................................................... 12/07 7, 8................................................................... 12/07 9, 10................................................................. 12/07 11, 12............................................................... 12/07 13..................................................................... 12/07 Title 23 1....................................................................... 12/07 Title 24 1....................................................................... 2/10 3, 4................................................................... 8/12 5, 6................................................................... 8/12 Page Revised Date 7, 8/10.............................................................. 8/12 11, 12............................................................... 8/13 13, 14............................................................... 8/13 Title 25 1....................................................................... 12/07 UDC Appendices 1....................................................................... 8/11 A-1, A-2.......................................................... 5/14 A-3, A-4.......................................................... 5/14 A-5, A-6.......................................................... 5/14 A-7, A-8.......................................................... 5/14 A-9, A-10........................................................ 5/14 A-11, A-12 ...................................................... 5/14 A-13, A-14...................................................... 5/14 A-15, A-16...................................................... 5/14 A-17, A-18...................................................... 2/15 A-18.1, A-18.2................................................ 2/15 A-19, A-20...................................................... 5/14 A-21, A-22...................................................... 2/15 A-23, A-24...................................................... 5/14 A-25, A-26...................................................... 5/14 A-27, A-28...................................................... 5/14 A-29, A-30...................................................... 2/15 B-1, B-2........................................................... 2/10 B-3, B-4........................................................... 2/10 C-1, C-2........................................................... 2/09 D-1 .................................................................. 8/11 Ordinance Table 1, 2................................................................... 9/10 3, 4................................................................... 5/14 5, 6................................................................... 8/11 7, 8................................................................... 5/14 9....................................................................... 2/15 Index 1, 2................................................................... 2/15 3, 4................................................................... 5/14 5, 6................................................................... 5/14 7, 8................................................................... 2/15 9, 10................................................................. 5/14 11, 12............................................................... 2/15 12.1, 12.2......................................................... 2/15 13, 14............................................................... 5/14 15, 16............................................................... 2/15 17, 18............................................................... 2/15 Page Revised Date Spokane Valley Municipal Code Table of Revised Pages v (Revised 2/15) 19, 20 .............................................................. 2/15 21, 22 .............................................................. 2/15 Page Revised Date 1-1 (Revised 10/06) Title 1 GENERAL PROVISIONS Chapters: 1.01 Code Adoption 1.02 Initiative and Referendum 1.05 City Seal 1.06 City Logo 1.10 General Penalty 1-3 (Revised 7/07) Spokane Valley Municipal Code 1.01.080 Chapter 1.01 CODE ADOPTION Sections: 1.01.010 Code adopted. 1.01.020 Title – Citation – Reference. 1.01.030 Reference applies to amendments. 1.01.040 Codification authority. 1.01.050 Noncharter code city status. 1.01.060 Recordation. 1.01.070 Definitions. 1.01.080 Grammatical interpretation. 1.01.010 Code adopted. The Spokane Valley Municipal Code, as com- piled from the ordinances of the City of Spokane Valley, Washington, is hereby adopted as the offi- cial code of the City of Spokane Valley, Washing- ton, on file in the office of the city clerk. One copy of the Spokane Valley Muncipal Code shall be kept in the office of the city clerk for use and examina- tion by the public. (Ord. 04-017 § 1, 2004). 1.01.020 Title – Citation – Reference. The code shall be known as the “Spokane Valley Municipal Code” and it shall be sufficient to refer to said code as the “Spokane Valley Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the Spokane Valley Municipal Code. Further reference may be had to the titles, chapters, sec- tions and subsections of the Spokane Valley Municipal Code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that code. (Ord. 04-017 § 2, 2004). 1.01.030 Reference applies to amendments. Whenever a reference is made to the Spokane Valley Municipal Code or to any portion thereof, or to any ordinance of the City of Spokane Valley, Washington, that reference shall apply to all amendments, corrections and additions heretofore now or thereafter made. (Ord. 04-017 § 3, 2004). 1.01.040 Codification authority. This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35A.21.130. (Ord. 04-017 § 4, 2004). 1.01.050 Noncharter code city status. The City is classified as a noncharter code city, governed by the provisions of Chapter 35A.13 RCW under the council-manager plan of govern- ment, and endowed with all of the applicable rights, powers, privileges, duties and obligations of a noncharter code city as established by law. (Ord. 04-017 § 5, 2004). 1.01.060 Recordation. The city clerk is directed to forward to the Sec- retary of the state of Washington, a certified copy of the ordinance codified in this chapter as pro- vided in RCW 35A.02.040. (Ord. 04-017 § 6, 2004). 1.01.070 Definitions. The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: “City” means the City of Spokane Valley, Washington, or the area within the territorial city limits of the City of Spokane Valley, Washington. “City council” means the city council of the City of Spokane Valley. “City manager” means the city manager or des- ignee. “County” means the county of Spokane. “Mayor” means the mayor of the City of Spo- kane Valley. “Oath” includes affirmation. “Shall” and “must” are to be interpreted as man- datory language and not permissive language. “May” is to be interpreted as permissive lan- guage and not mandatory language. “Written” includes printed, typewritten, mimeo- graphed or multigraphed. (Ord. 07-009 § 1, 2007; Ord. 04-017 § 7, 2004). 1.01.080 Grammatical interpretation. The following grammatical rules shall apply in this code unless the context clearly indicates other- wise: A. Gender. Any gender includes the other gen- der. B. Singular and Plural. The singular number includes the plural and the plural includes the sin- gular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa. 1.02.010 (Revised 7/07)1-4 D. Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 04-017 § 8, 2004). Chapter 1.02 INITIATIVE AND REFERENDUM Sections: 1.02.010 Powers of initiative and referendum adopted. 1.02.010 Powers of initiative and referendum adopted. The City of Spokane Valley hereby adopts the powers of initiative and referendum for the quali- fied electors of the city as provided pursuant to RCW 35A.11.080 through 35A.11.100. Such pow- ers are to be exercised as provided in the above ref- erenced sections of the Revised Code of Washington as they now exist or may be amended from time to time and said sections are hereby incorporated in full by this reference. (Ord. 05-028 § 2, 2005). 1-5 (Revised 7/07) Spokane Valley Municipal Code 1.06.030 Chapter 1.05 CITY SEAL Sections: 1.05.010 Seal design. 1.05.020 Adoption. 1.05.030 Custodian. 1.05.010 Seal design. The corporate seal of the City of Spokane Valley shall be circular in form, with inner and outer cir- cles. The outer circle shall be approximately two inches in diameter. The inner circle shall be approximately one and one-quarter inches in diam- eter. It shall bear upon the upper portion between the two circles, the words “City of Spokane Val- ley” and upon the lower portion between the two circles, the word “Washington” and upon and across the center of the inner circle the words “Cor- porate Seal – Incorporated March 31, 2003.” An impression of the above-described seal is shown here. (Ord. 03-082 § 1, 2003). 1.05.020 Adoption. The seal described in SVMC 1.05.010 is hereby adopted as the corporate seal of the City of Spo- kane Valley, Washington. (Ord. 03-082 § 2, 2003). 1.05.030 Custodian. The city clerk (or designee) shall be the custo- dian of the seal and shall affix the seal’s impression upon all documents, records, licenses, warrants and/or checks in accordance with generally applied practices of the City; however, its absence there- from shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. (Ord. 03-082 § 3, 2003). Chapter 1.06 CITY LOGO Sections: 1.06.010 Legislative findings. 1.06.020 Definition. 1.06.030 Official use. 1.06.040 Penalty for violation. 1.06.050 Permission for use. 1.06.010 Legislative findings. The city council finds that the logo of the City of Spokane Valley is a symbol of the authority of the City and is a valuable asset of its population. It is the intent of the city council to ensure that only appropriate uses are made of said city logo. (Ord. 06-013 § 1, 2006). 1.06.020 Definition. Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter. “City logo” or “logo” means that logo recorded under State of Washington Trademark No. 31689, with “City of Spokane Valley” and depicting a mountain and river, as illustrated below: (Ord. 06-013 § 2, 2006). 1.06.030 Official use. Use of the city logo shall be for official purposes as specifically set forth below: A. The following uses have been explicitly and expressly approved without the need for further City consent: 1. Use of logo on any official City of Spo- kane Valley document, including but not limited to stationery, letterhead, report and report covers, envelopes, memorandums, faxes, employee and elected officials’ business cards, name tags, and name plates; 2. Use of logo on student advisory council (SAC) stationery and items of recognition; 3. Use of logo by Greater Spokane, Inc., for their marketing materials, on their website, and in their printed materials that are used in recruitment, 1.06.040 (Revised 7/07)1-6 expansion and retention efforts for marketing for business attraction and development; 4. Use of logo by the Greater Spokane Val- ley Chamber of Commerce for City of Spokane Valley promotion of the mayor’s State of the City Address; and for the City’s general promotion through the Chamber’s map; 5. Use of logo by those officially involved with and for the planning, promoting and decorat- ing connected with the Mayor’s Ball, including but not limited to event wine glasses, napkins, tickets, invitations, and other promotional materials and decorations for the ball; 6. Use of logo by an entity approved by the city manager for apparel purchased by City employees and elected officials, provided those purchases are transacted while those employees and elected officials are still serving in their City capacities; and 7. Use of logo by those officially involved with and for the planning of Valleyfest and accom- panying parade, including but not limited to event decorations, promotional materials, advertise- ments, posters, and temporary signs. B. The logo may, with City approval, be used for other specific events that benefit the City of Spokane Valley community and are not prohibited by subsection C of this section. C. Approved use of the City logo shall also be in accordance with the City of Spokane Valley Logo Style and Standards Guide, which shall be approved by separate resolution. D. The City logo shall not be used on or in con- nection with any advertising or promotion for any product, business, organization, service, or article, whether offered for sale for profit or offered with- out charge, without the express consent of the city, pursuant to SVMC 1.06.050. The logo shall not be used in connection with any election issue, or cam- paign related thereto. E. It is a violation of this chapter to use any symbol that imitates the logo or that is deceptively similar in appearance of the logo, or in any manner that would be an improper use of the logo itself. F. Nothing in this chapter shall prohibit the reproduction of the City logo for illustrative pur- poses by the news media if the reproduction by the news media is incidental to the publication or the broadcast. Nothing in this chapter shall prohibit a characterization of the City logo from being used in political cartoons. (Ord. 07-008 § 2, 2007; Ord. 06-013 § 3, 2006). 1.06.040 Penalty for violation. Any person who violates this chapter shall be subject to any and all remedies available to the City under the law, including but not limited to a suit for damages and/or injunctive relief. (Ord. 06-013 § 4, 2006). 1.06.050 Permission for use. Any request for use of the City logo shall be sub- mitted in writing to the city clerk (or designee) in advance of the date needed. The mayor (or desig- nee), in consultation with the city manager (or des- ignee), shall decide whether the requested use shall be approved by the City. The city clerk (or desig- nee) shall send written response to the requestor within three business days of the decision by the mayor. (Ord. 06-013 § 5, 2006). 1-7 (Revised 10/06) Spokane Valley Municipal Code 1.10.050 Chapter 1.10 GENERAL PENALTY Sections: 1.10.010 General penalties. 1.10.020 Separate offense. 1.10.030 Nuisance. 1.10.040 Adoption of civil infraction system. 1.10.050 Prosecution. 1.10.010 General penalties. Unless otherwise specified by City ordinance, any person who violates the provisions of any City of Spokane Valley ordinance regulating, forbid- ding or prohibiting conduct shall be punished pur- suant to the general penalty provisions set forth in this section. A. Criminal Penalty. Unless otherwise pro- vided, the minimum criminal penalty is classified as a misdemeanor. Any person convicted of a mis- demeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. B. Civil Penalty. A violation of an ordinance which is designated a civil offense shall be deemed a civil infraction pursuant to Chapter 7.80 RCW. Unless otherwise provided, any such person shall be assessed a monetary penalty not to exceed a class 1 civil infraction or $250.00, whichever is greater. (Ord. 45 § 1, 2003). 1.10.020 Separate offense. Every person violating any of the provisions of any ordinance of the City is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person. (Ord. 45 § 2, 2003). 1.10.030 Nuisance. In addition to the penalties set forth in SVMC 1.10.010, all remedies available by law for the pre- vention and abatement of nuisances shall apply regardless of any other remedy. (Ord. 45 § 3, 2003). 1.10.040 Adoption of civil infraction system. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts Chapter 7.80 RCW, entitled “Civil Infractions” as the procedure and system for adju- dicating civil infractions that occur within the City of Spokane Valley. (Ord. 45 § 4, 2003). 1.10.050 Prosecution. Any violation of a City ordinance may be pros- ecuted by the city attorney or designee in the name of the City to include demands for fines and forfei- tures paid to the City or may be adjudicated by civil action, or both. (Ord. 45 § 5, 2003). 2-1 (Revised 12/07) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.05 City Office Hours 2.10 Salaries and Position Classification 2.15 City Manager 2.20 City Clerk 2.25 City Attorney 2.30 Chief of Police 2.35 Auditing Officer 2.40 Officers’ Oath and Bond 2.45 Department of Public Safety 2.50 Personnel Policies 2.55 Repealed 2.60 City Holidays 2.65 Credit Card Use 2.70 Legal Representation of Employees 2.75 Public Records 2-3 (Revised 7/07) Spokane Valley Municipal Code 2.10.020 Chapter 2.05 CITY OFFICE HOURS Sections: 2.05.010 Hours of operation. 2.05.010 Hours of operation. The days and hours of operation of the City’s offices will be from 8:00 a.m. through 5:00 p.m., Monday through Friday; provided, that the city council may alter the hours of operation of the City’s offices on a temporary basis as necessary for the efficient operation of the City. (Ord. 2 § 1, 2002). Chapter 2.10 SALARIES AND POSITION CLASSIFICATION Sections: 2.10.010 Salary levels established. 2.10.020 Independent salary commission. 2.10.010 Salary levels established.* A. Council Members. Each city council mem- ber shall be entitled to receive a salary of $400.00 per month, payable on the last day of each calendar month, unless said day is a holiday or weekend, then said salary shall be paid the Friday before the last day of the month. B. Mayor. The mayor shall be entitled to a sal- ary of $500.00 per month, which is 25 percent greater than council member salaries, payable on the last day of each calendar month, unless said day is a holiday or weekend, then said salary shall be paid the Friday before the last day of the month. C. Adjustment by Independent Salary Commis- sion. If the City’s independent salary commission establishes a salary schedule for the mayor and council members, those salaries will take effect at the times, in the amounts, and under the conditions established in the schedule as provided by law. (Ord. 04-018 § 1, 2004). * Code reviser’s note: Monthly salary adjustments of $975.00 for mayor and $750.00 for council members were effective January 17, 2007. 2.10.020 Independent salary commission. A. Independent Salary Commission. 1. Creation of Independent Salary Commis- sion. There is hereby established for the City of Spokane Valley an independent salary commission for a period of one year.* 2. Purpose. The purpose of the independent salary commission shall be to review and establish the salaries of the mayor and the council members. 3. Composition. The independent salary commission shall consist of five members appointed by the mayor and confirmed by the city council. 4. Compensation. The independent salary commission shall serve without compensation. 5. Term. The term of appointment is one year. 6. Qualifications. a. Each person appointed to serve as a member of the independent salary commission shall be a citizen of the United States, a resident of 2.10.020 (Revised 7/07)2-4 the City of Spokane Valley for at least one year immediately preceding such appointment and while serving on the commission, and a registered voter in Spokane County. b. No officer, official, or employee of the City or any of their immediate family members may serve on the commission. “Immediate family member” as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. 7. Operation. a. The independent salary commission shall elect a chair and vice chair from among its members. The independent salary commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. b. The city manager shall appoint staff and make available supplies and equipment to assist the independent salary commission in prepa- ration of its reports and records. c. Any communication from the indepen- dent salary commission to any member of the city council while reviewing the schedule of salaries shall be in writing and made part of the record of the commission’s proceedings. d. The independent salary commission shall keep a written record of its proceedings, which shall be a public record in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act. e. The first meeting of the independent salary commission shall occur no later than Octo- ber 23, 2006, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk no later than December 4, 2006. f. Three members of the independent sal- ary commission shall constitute a quorum and the affirmative vote of three members shall be suffi- cient for the decision of all matters and the transac- tion of all business. 8. Responsibilities. To determine the appro- priate rate of compensation, the independent salary commission shall assess the market rate of com- pensation for elected city officials and study the relationship of salaries to the duties of the mayor and the city council members. Salaries shall be established by an affirmative vote of not less than three members. 9. Removal. A member of the independent salary commission may only be removed during the term of office for cause such as incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. 10. Filing Date – Salary Schedule. The inde- pendent salary commission shall file its salary schedule with the city clerk who will publish the schedule two times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. 11. Effective Date – Salaries. The commis- sion’s salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed in accordance with subsection B of this section. Once filed, the schedule shall be incorpo- rated into the City budget without further action of the city council or salary commission. Salary adjustments established by the commission that result in a salary increase are effective immediately as to all council members and/or the mayor, regard- less of their terms of office. If the salary adjustment established by the commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent’s next subse- quent term of office. B. Referendum. 1. Salary Schedule Subject to Referendum Petition. a. The commission’s adopted salary schedule shall be subject to referendum petition by the people of the City. A petition must be filed with the city clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. b. Referendum measures under this sec- tion shall be submitted to the voters of the City at the next following general or municipal election occurring 30 days or more after the petition is filed, and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. 2. Referendum Statement. A referendum statement on a petition shall be phrased in the fol- lowing language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the In- dependent Salary Commission on __________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of re- peal of the attached salary schedule in its en- tirety. Spokane Valley Municipal Code 2.10.020 2-4.1 (Revised 12/06) A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the par- ties requested to sign such petition. 3. Initiative Provisions Applied to Referen- dum Process. All state law provisions applicable to the form of the petition and sufficiency of signa- tures required for an initiative petition as set forth herein, and to the submission to the vote of the peo- ple as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be defeated thereby. 4. Referendum – Effective Date – Record. If a majority of the number of votes cast on the refer- endum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. (Ord. 06-021 §§ 1, 2, 2006). * Code reviser’s note: Ordinance 06-021 took effect October 22, 2006. (Revised 12/06)2-4.2 This page intentionally left blank. Spokane Valley Municipal Code 2.15.040 2-5 (Revised 2/06) Chapter 2.15 CITY MANAGER Sections: 2.15.010 Office established – Appointment. 2.15.020 Duties, powers and responsibilities. 2.15.030 Personnel authority. 2.15.040 Creation of departments – Offices and positions – Council audit. 2.15.050 Removal from office. 2.15.060 Salary. 2.15.070 Residency. 2.15.010 Office established – Appointment. There is created the office of city manager. The city manager shall be appointed by the city council for an indefinite term. (Ord. 23 § 1, 2003). 2.15.020 Duties, powers and responsibilities. The powers and duties of the city manager shall be to: A. Serve as chief executive and administrative officer of the City, supervising, administering, and coordinating the activities and functions of the var- ious City offices and departments as established by the City’s ordinances and the policies of the city council; B. Appoint and remove at any time all depart- ment directors, officers, and employees of the City, except members of the city council, subject to the provisions of any applicable contract, law, rule or regulation relating to civil service; C. Appoint the municipal judge(s) of the City, subject to confirmation by the city council; D. Attend all meetings of the city council unless unavailable or excused by the mayor; E. Recommend for adoption by the city council such measures as are necessary or expedient; F. Upon council approval, execute contracts and other instruments on behalf of the City; G. Prepare and submit to the city council such reports as may be required or deemed advisable; H. Periodically, advise the city council as to the financial condition of the City and its future needs; I. Prepare and submit to the city council a pro- posed budget for the fiscal year, and be responsible for its administration upon adoption; J. Supervise all expenditures by the various City offices, departments, and boards within the limitations of the annual budget of the City; K. Make transfers between individual appropri- ations including allowances for budget items, departments and salary classifications within any one fund; provided, the same is reported to the city council or committee thereof, showing expendi- tures, liabilities and receipts against each separate budget appropriation during the period; and L. Represent the City at meetings with other governmental units, agencies, commissions, and associations as deemed necessary or as directed by the city council. (Ord. 23 § 2, 2003). 2.15.030 Personnel authority. The city manager shall serve as the personnel officer for the City and be responsible for and have the authority to monitor and enforce the City per- sonnel policies. The city manager will establish procedures to ensure that all department heads and their employees, as the highest administrative pri- ority, understand and execute the principles of out- standing customer service for the citizens of the City of Spokane Valley. The city manager must possess and demonstrate the above principles and periodically report to the city council efforts and examples of enhanced service delivery. The city manager during the annual budget pro- cess shall make recommendations concerning compensation of appointive officers, department directors, and employees which shall be fixed by ordinance. The appointive officers shall include a city clerk and a chief of police. Upon approval of the annual budget, the city manager is authorized to make salary adjustments within the annual budget appropriations upon the exercise of reasonable dis- cretion. (Ord. 23 § 3, 2003). 2.15.040 Creation of departments – Offices and positions – Council audit. The city manager shall recommend the creation, elimination, consolidation and modification of departments, offices and positions as necessary or advisable for the efficient operation of the City, as well as the power and duties of each department, office and position. The city manager may delegate to any officer or position any duties required or authorized to be performed by the city manager. The city manager shall designate in writing an act- ing city manager to be responsible during extended absences of the city manager from the City. The acting city manager shall have all power and authority of the city manager during the absence. The city council reserves the right to cause a performance of financial audit to be made of any department or office within the City and may select the persons or entity to make such audit without the advice or consent of the city manager. The scope of the audit and the results shall be reported directly 2.15.050 (Revised 2/06)2-6 to the city council. This audit authority shall be exercised in a manner consistent with the power of the city council to define the functions, powers, duties, compensation and working conditions of officers and employees, including the authority to create departments, offices and employments as necessary or advisable. (Ord. 23 § 4, 2003). 2.15.050 Removal from office. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the city council in accordance with the pro- visions of RCW 35A.13.130 and 35A.13.140. (Ord. 23 § 5, 2003). 2.15.060 Salary. The salary of the city manager shall be as approved by the city council in the annual budget. (Ord. 23 § 6, 2003). 2.15.070 Residency. The city manager is not required to be a resident of the City on the date of city council appointment but shall reside in Spokane County within six months of such appointment, unless otherwise waived by the city council. (Ord. 23 § 7, 2003). Chapter 2.20 CITY CLERK Sections: 2.20.010 Office created. 2.20.020 Duties. 2.20.030 Qualifications. 2.20.040 Salary. 2.20.010 Office created. The city council hereby creates the office of city clerk. This office shall be filled by appointment of the city manager. The city clerk shall serve without a definite term at the discretion of the city manager. (Ord. 26 § 1, 2003). 2.20.020 Duties. A. The city clerk shall keep a full and true record of every proceeding of the city council and keep such books, accounts and make such reports as may be required by the Washington State Audi- tor. The city clerk shall record and index all ordi- nances, annexing thereto a certificate, giving the number and title of the ordinance, stating that the ordinance was published and posted according to the law and that the record is a true and correct copy thereof. The record copy with the city clerk’s certificate shall be prima facie evidence of the con- tents of the ordinance and of its passage and publi- cation, and shall be admissible as such evidence in any court or proceeding. B. The city clerk shall be custodian of the seal of the City of Spokane Valley, and shall have authority to acknowledge the execution of all instruments by the City of Spokane Valley which require acknowledgment. C. The city clerk shall perform such other duties as may be assigned or required by statute. (Ord. 26 § 2, 2003). 2.20.030 Qualifications. The city council and city manager shall confer in order to establish qualifications for the position of city clerk with such qualifications approved by res- olution of the city council. (Ord. 26 § 3, 2003). 2.20.040 Salary. The salary for the position of city clerk shall be set by ordinance after recommendations by the city manager. (Ord. 26 § 4, 2003). Spokane Valley Municipal Code 2.30.040 2-6.1 (Revised 2/06) Chapter 2.25 CITY ATTORNEY Sections: 2.25.010 Office created. 2.25.020 Duties. 2.25.030 Qualifications. 2.25.040 Contract. 2.25.010 Office created. The city council hereby creates the office of the city attorney. This office shall be filled by appoint- ment by the city manager. (Ord. 05-024 § 2, 2005; Ord. 25 § 1, 2003). 2.25.020 Duties. The city attorney, or a designated representa- tive, shall: A. Advise the city manager, city council and employees in all legal matters pertaining to the business of the City of Spokane Valley. B. Represent the City of Spokane Valley in all actions brought by or against the City of Spokane Valley itself and/or its officials and employees in their official capacity, and shall perform such other duties as the city manager and/or city council may direct. C. Attend all regular and special meetings of the city council unless otherwise excused. D. Draft, review and approve ordinances, reso- lutions, contracts and other legal instruments and documents. E. Perform such other duties as may be assigned or prescribed by the laws of the state of Washington and the ordinances of the City of Spo- kane Valley. (Ord. 05-024 § 2, 2005; Ord. 25 § 2, 2003). 2.25.030 Qualifications. The city council and the city manager shall con- fer in order to establish qualifications for the posi- tions of city attorney with such qualifications approved by resolution of the council. (Ord. 05- 024 § 2, 2005; Ord. 25 § 3, 2003). 2.25.040 Contract. The City of Spokane Valley may also enter into contracts for additional legal services upon such terms as are reasonable and just. (Ord. 05-024 § 2, 2005; Ord. 25 § 4, 2003). Chapter 2.30 CHIEF OF POLICE Sections: 2.30.010 Office created. 2.30.020 Duties. 2.30.030 Appointment. 2.30.040 Qualifications. 2.30.050 Salary. 2.30.010 Office created. The city council of the City of Spokane Valley hereby creates the office of the chief of police. (Ord. 24 § 1, 2003). 2.30.020 Duties. The chief of police, under the direction of the city council and city manager, shall serve as the chief law enforcement officer of the City of Spo- kane Valley. The chief of police and his designees shall possess investigative, arrest and incidental powers relating to the enforcement of municipal laws including criminal and traffic misdemeanors and civil infractions committed in the City of Spo- kane Valley. Additional duties performed include patrol, traffic and pedestrian safety, crime preven- tion, community relations and such other matters as necessary for the proper functioning of the City of Spokane Valley police force. The chief of police has the authority to commission police officers for the City of Spokane Valley and may perform all acts necessary to preserve the peace and the order of the City of Spokane Valley under state and local law. The chief of police shall serve pursuant to the ordinances and regulations of the City of Spokane Valley, and all applicable state and federal statutes. (Ord. 24 § 2, 2003). 2.30.030 Appointment. Pursuant to RCW 35A.13.080, the chief of police shall be appointed by the city manager. The city manager shall have authority to remove the chief of police subject to any rule, law, ordinance or regulation relating to civil service (if applica- ble). (Ord. 24 § 3, 2003). 2.30.040 Qualifications. The city council and city manager shall confer in order to establish qualifications for the position of chief of police with such qualifications approved by resolution of the city council. (Ord. 24 § 4, 2003). (Revised 2/06)2-6.2 This page intentionally left blank. Spokane Valley Municipal Code 2.35.010 2-7 (Revised 3/12) 2.30.050 Salary. The salary for the position of chief of police shall be set by ordinance or contract. (Ord. 24 § 5, 2003). Chapter 2.35 AUDITING OFFICER Sections: 2.35.010 Appointment. 2.35.010 Appointment. The city council hereby appoints the finance director as the auditing officer. The auditing officer is required to perform all duties set forth in RCW 42.24.080 including the authentication and certifi- cation of claims against the City of Spokane Val- ley. (Ord. 4 § 1, 2002). 2.40.010 (Revised 3/12)2-8 Chapter 2.40 OFFICERS’ OATH AND BOND Sections: 2.40.010 Oath required. 2.40.020 Bond required. 2.40.010 Oath required. The city manager, city clerk, city treasurer/city finance director and the city chief of police, before entering upon the performance of their duties, shall be required to take an oath or affirmation for the faithful performance of their duties in substantially the following form: OATH OF OFFICE I _______________ do solemnly swear (or af- firm) that I will faithfully and impartially to the best of my ability perform the duties of the of- fice of _______________ in accordance with the laws of the State of Washington and all oth- er duly enacted laws, rules and policies of the City of Spokane Valley, Spokane County, Washington. By: ____________________________ [Attestation] The oath or affirmation shall be given before the mayor and filed with the Spokane County auditor. (Ord. 11-013 § 1, 2011; Ord. 6 § 1, 2002). 2.40.020 Bond required. Prior to performance of their duties, the city manager, city clerk, city treasurer/city finance director and city chief of police shall be required to furnish an official bond, to be renewed annually, conditioned on the honest and faithful performance of their official duties. The premium on the bond(s) shall be paid by the City. The amount of the bonds shall be as follows: A. City manager: $250,000; B. City clerk: $250,000; C. Finance director/city treasurer: $250,000; D. Chief of police: $250,000. In lieu of individual fidelity bonds, the City may purchase a blanket fidelity bond in amounts not less than those provided for above. (Ord. 11-013 § 2, 2011; Ord. 6 § 2, 2002). Chapter 2.45 DEPARTMENT OF PUBLIC SAFETY Sections: 2.45.010 Purpose. 2.45.020 Department established. 2.45.030 Position established. 2.45.040 Duties. 2.45.050 Rules and policy. 2.45.010 Purpose. The purpose of the department of public safety is to monitor, coordinate, and enforce the responsi- bilities of various public health and safety func- tions performed within the City, including, but not limited to, police services, fire protection and sup- pression services, public health and safety matters, and such other related functions and duties as may be assumed or assigned by the city council and/or city manager. The above services are collectively referred to as “public safety services.” (Ord. 69 § 1, 2003). 2.45.020 Department established. There is hereby created and established a depart- ment within the City of Spokane Valley to be known as the department of public safety. (Ord. 69 § 2, 2003). 2.45.030 Position established. The director of the department of public safety shall be the city manager or designee (hereinafter “director”). The director shall supervise and administer the department of public safety. (Ord. 69 § 3, 2003). 2.45.040 Duties. The director of public safety shall be responsible for coordinating and monitoring the efficient per- formance of public safety services, including the power and duty to enforce and monitor the perfor- mance of all agreements for such services and compliance with City ordinances and state laws. The director shall have final authority on adminis- trative and operational matters assumed by the department. The director shall meet and confer with the pub- lic safety service providers with respect to service priorities of the City to emphasize areas of moni- toring or patrol, recommend assignment of person- nel, coordinate service provider efforts, establish policy for public health and safety functions per- formed within the City and perform such other Spokane Valley Municipal Code 2.50.010 2-9 (Revised 8/13) duties as necessary. The department of public safety, acting by and through its director, shall not assume responsibility for the manner, method, and means of performing public safety services or responsibilities on behalf of or within the City of Spokane Valley. Nothing contained herein shall be deemed an assumption of incident command responsibilities from the police chief, fire chief, or other supervi- sory personnel, except in emergency situations or as may be specifically authorized through written order of the director. Incident command authority pursuant to Chapter 38.52 RCW (Emergency Man- agement) shall be as established through the emer- gency management organization formed within Spokane County pursuant to Chapter 38.52 RCW. Emergency management reporting shall be coordi- nated with the department of public safety. (Ord. 69 § 4, 2003). 2.45.050 Rules and policy. The city manager, or designee, may develop rules, policies and procedures to implement the ordinance codified in this chapter. All adopted rules, policies, and procedures shall be filed with the city clerk. (Ord. 69 § 5, 2003). Chapter 2.50 PERSONNEL POLICIES Sections: 2.50.010 Human resources system established. 2.50.020 Equal employment opportunity. 2.50.030 Nondiscrimination. 2.50.035 Nepotism. 2.50.040 Sexual harassment. 2.50.045 Conflict of interest. 2.50.050 Reporting improper governmental action – Whistleblowing. 2.50.055 Violence in the workplace. 2.50.060 Drug testing. 2.50.070 Employee classification. 2.50.080 Salary plan – Hiring rate. 2.50.090 Overtime – Compensatory time off. 2.50.100 Social Security and Medicare. 2.50.110 Retirement. 2.50.120 Establishing travel policies and procedures. 2.50.010 Human resources system established. A. There is established a human resources sys- tem for the City of Spokane Valley to provide a uniform system of personnel administration and ensure that recruitment, selection, placement, com- pensation, promotion, retention and separation of City employees are based upon qualifications and fitness in compliance with federal, state and City laws. B. Employment with the City shall be “at-will” and may be terminated at any time by either the city manager or the employee, unless otherwise provided for by contract. No official or employee of the City, other than the city manager, shall have the authority to enter into any agreement for employment. C. Personnel policies that relate to wages and benefits shall be submitted to the city council for review and approval, with the city manager autho- rized, directed and empowered to develop adminis- trative policies, procedures, rules, forms and materials that are consistent with the personnel pol- icies in order to implement the human resources system of the City. Said policies and procedures shall comply with all related state and federal laws, as well as City ordinances and resolutions. (Ord. 06-029 § 2, 2006; Ord. 44 § 1, 2003). 2.50.020 (Revised 8/13)2-10 2.50.020 Equal employment opportunity. It is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives. This commitment includes a mandate to promote and afford equal treatment and services to all citizens, employees and City representatives, and to assure equal employment opportunity based on ability and fit- ness in accordance with any applicable state or fed- eral law. (Ord. 06-029 § 3, 2006; Ord. 44 § 2, 2003). 2.50.030 Nondiscrimination. The City of Spokane Valley shall comply with all state and federal laws regarding nondiscrimina- tion. (Ord. 06-029 § 4, 2006; Ord. 44 § 3, 2003). 2.50.035 Nepotism. A. Nepotism Prohibited. The City prohibits employment of family members where one family member has the authority to supervise or audit the work of another family member. B. The definition of “family member” for pur- poses of this section shall be the same as that in RCW 42.17.020(26), as adopted or amended. (Ord. 12-003 § 1, 2012; Ord. 06-029 § 6, 2006). 2.50.040 Sexual harassment. A. It is the policy of the City to seek to elimi- nate and/or prevent conduct constituting unlawful harassment under state or federal law, as well as to alleviate any effects such unlawful harassment may have on the working conditions of an employee. The City shall adopt a policy for inves- tigating and responding to reports of unlawful harassment and detailing complaint procedures. B. The city manager or designee shall investi- gate and appropriately respond to all complaints of sexual harassment. If the city manager is the sub- ject of the complaint, then an independent outside agency shall investigate the complaint. Any records related to sexual harassment shall be sealed and retained in a separate personnel file maintained by the human resources manager. (Ord. 06-029 § 5, 2006; Ord. 44 § 4, 2003). 2.50.045 Conflict of interest. No City employee shall engage in any act which is in conflict with, or creates an appearance of con- flict with, the performance of official duties. (Ord. 06-029 § 7, 2006). 2.50.050 Reporting improper governmental action – Whistleblowing. A. In accordance with Chapter 42.41 RCW, City officials and staff shall conduct City business with the utmost integrity and in strict accordance with all applicable federal, state and local laws. Accordingly, employees are encouraged to bring to the attention of the city manager improper actions of City officials and employees. If the city manager is the subject of the complaint, then the improper actions shall be reported to the city attorney who shall consult with the city council on a course of action. The City will not retaliate against any employee who makes such a disclosure in good faith. B. The city manager is authorized and directed to develop and implement administrative policies and procedures to carry out the intent of this sec- tion and otherwise comply with state law related hereto. (Ord. 44 § 5, 2003). 2.50.055 Violence in the workplace. The City of Spokane Valley, as an employer, does not tolerate acts of violence to persons or property in the workplace. (Ord. 06-029 § 8, 2006). 2.50.060 Drug testing. A. The human resources manager shall require a pre-offer drug screen test for all applicants and employees applying for a position requiring a com- mercial driver’s license (CDL) or involving safety- sensitive job duties. B. The human resources manager may require an appropriate post-conditional offer, pre-employ- ment physical exam of prospective City employees based upon the safety-sensitive nature of the posi- tion or the physical requirements of the position’s essential functions. C. Employees required to maintain a commer- cial driver’s license (CDL) and employees who are assigned safety-sensitive job duties shall be subject to periodic random drug testing as required by law. D. Upon a finding by an employee’s supervisor of reasonable suspicion that the employee’s ability to properly perform the job has been lessened by the use of intoxicating liquor and/or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an employee may be required to submit to alcohol or drug testing if the employee is injured or injures another employee during work hours or is involved in a work-related accident and the City reasonably suspects that the employee’s actions or failure to act contributed to Spokane Valley Municipal Code 2.50.070 2-10.1 (Revised 8/13) the injury or accident. (Ord. 13-002 § 2, 2013; Ord. 08-015 § 2, 2008; Ord. 44 § 6, 2003). 2.50.070 Employee classification. A. Position classifications shall be developed and maintained for City employment. A job description shall be prepared and maintained so that the classifications and accompanying salary reflect the current duties and responsibilities of the job. (Revised 8/13)2-10.2 This page intentionally left blank. Spokane Valley Municipal Code 2.50.120 2-11 (Revised 12/07) B. Significant changes in the duties and respon- sibilities of any position within the City service shall result in an evaluation of the position and pos- sible reclassification based on such changes. All position classifications shall be reviewed periodi- cally to assure that the classification reasonably reflects the current duties and responsibilities of the position. C. Whenever the designated human resources manager has classified a new position or reclassi- fied an existing position as required by subsections A and B of this section, the human resources man- ager shall submit the changes to the city manager for approval. To the extent the foregoing results in a change in an employee’s current salary or wages, such change shall not become effective until inclu- sion and adoption through a budget ordinance of the city council. (Ord. 44 § 7, 2003). 2.50.080 Salary plan – Hiring rate. A. The city manager shall develop an annual salary plan for all City positions that results from an evaluation of duties and responsibilities. B. The salary plan shall be presented and con- sidered as part of the annual budget adoption pro- cess, and shall include the grade, title and salary range of all classified City positions. C. New prospective City employees meeting the minimum qualifications for the position shall normally be hired at the minimum rate of pay within the salary range. However, when a prospec- tive employee’s current rate of pay exceeds the minimum rate of pay of the respective job title, or a prospective employee’s qualifications, experi- ence, and record of achievement considerably exceed the minimum requirements for the position, the city manager may authorize a salary above the minimum. No employee shall be hired in excess of the approved salary range established for the posi- tion. (Ord. 44 § 8, 2003). 2.50.090 Overtime – Compensatory time off. A. For the purposes of computing eligibility for overtime pay, the term “employee” refers to those employees identified by RCW 49.46.130 who are eligible for overtime compensation. Employees who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who are not exempt from the FLSA shall be compensated for overtime at the rate of one and one-half for hours worked in excess of the number of hours allowed per work week as desig- nated under the Fair Labor Standards Act. B. When warranted, personal leave for exempt employees may be granted by the city manager in recognition of extraordinary work time required of exempt positions. (Ord. 44 § 9, 2003). 2.50.100 Social Security and Medicare. A. The City of Spokane Valley shall offer a substitute Social Security program, and shall not participate in the Social Security System (FICA) for employees covered by a qualified retirement program. B. Casual, part-time and temporary employees who are not covered by a qualified retirement pro- gram shall participate in the Social Security Sys- tem (FICA) as required by law. C. The Social Security substitute program shall be a 401A plan approved by the city council. City and employee contribution rates and maximums shall match FICA contribution rates and maxi- mums as published in the Internal Revenue Ser- vice’s Employer’s Tax Guide, IRS Publication 15. D. As required by law, the City shall participate in the Medicare program. (Ord. 44 § 10, 2003). 2.50.110 Retirement. All regular full-time City employees, except the city manager who has the option of joining an alter- nate portable retirement plan in lieu of PERS, shall be required to participate in the state-mandated Washington State Public Employees Retirement System (PERS). (Ord. 44 § 11, 2003). 2.50.120 Establishing travel policies and procedures. The responsibility and authority for developing, adopting, modifying and monitoring the travel pol- icies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the city council finance committee. It is recognized by the city council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The council directs that the finance com- mittee consider the following in the development of travel policies and procedures: A. Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; B. Reimbursement for hotel/motel accommo- dations; 2.50.120 (Revised 12/07)2-12 C. Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; D. Reimbursement for incidental expenses such as parking, taxis, buses, rental cars, etc.; and E. Such other matters that are reasonably related to travel. The finance department, under the supervision of the finance committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certi- fied by the individual submitting such claim on a form approved by the finance director in compli- ance with state regulations and guidelines estab- lished by the State Auditor. For administrative staff, the city manager or designee shall approve expenses and reimburse- ment. The city council shall approve, through bud- get allocation, travel expenses and reimbursement for council members. The council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord. 29 § 1, 2003). Chapter 2.55 PLANNING COMMISSION (Repealed by Ord. 07-015; see Chapter 18.10 SVMC) Spokane Valley Municipal Code 2.65.020 2-13 (Revised 12/07) Chapter 2.60 CITY HOLIDAYS Sections: 2.60.010 Legal holidays. 2.60.010 Legal holidays. The following days shall be recognized as legal holidays during which all offices of the City of Spokane Valley, including the municipal court, shall be closed for the transaction of business, unless otherwise ordered by the city manager and/or city council: A. First day of January, commonly known as New Year’s Day; B. The third Monday of January, being cele- brated as the anniversary of the birth of Martin Luther King, Jr.; C. The third Monday of February, to be known as Presidents’ Day and to be celebrated as the anni- versary of the births of Abraham Lincoln and George Washington; D. The last Monday of May, commonly known as Memorial Day; E. The fourth day of July, being the anniversary of the Declaration of Independence; F. The first Monday of September, to be known as Labor Day; G. The eleventh day of November, to be known as Veterans’ Day; H. The fourth Thursday in November, to be known as Thanksgiving Day; I. The day immediately following Thanksgiv- ing Day; and J. The twenty-fifth day of December, com- monly known as Christmas Day. (Ord. 13 § 1, 2003). Chapter 2.65 CREDIT CARD USE* Sections: 2.65.010 Definitions. 2.65.020 Issuance, use and control of credit cards. * Prior legislation: Ord. 8. 2.65.010 Definitions. As used in this chapter, the term “credit card” means a card or device issued under an arrange- ment pursuant to which the issuer (credit card com- pany) gives to the card holder (the City) the privilege of obtaining credit from the issuer. (Ord. 30 § 1, 2003). 2.65.020 Issuance, use and control of credit cards. The City adopts the following system for the issuance, use and control of credit cards by City officials and employees. A. The finance director is authorized to obtain City credit cards under the following system, which provides for the distribution, authorization, control, credit limits and payment of bills through the use of the credit cards by City officials and employees. 1. Issuance and Use. Credit cards may be issued to the City of Spokane Valley and used by City officials and authorized employees for pur- chasing goods, supplies and other items from ven- dors or incurring registration, training or travel expenses in connection with the performance of their duties on behalf of the City. 2. Authorization and Control. Upon authori- zation from the city manager or designee, City employees may obtain credit cards from the finance director who shall maintain a ledger of the individual receiving the credit card, including the date the card was received. City council members may obtain credit cards from the finance director. The finance director shall implement accounting controls to ensure the proper use of credit cards and credit card funds. 3. Credit Limits. The credit limit shall not exceed $5,000 per card. 4. Payment of Bills. The finance director shall establish a procedure for the prompt payment of all credit card bills on or before the due date. 5. Unauthorized Charges. No official or employee shall use the City-issued credit card for 2.70.010 (Revised 12/07)2-14 non-City business purposes. No charge(s) shall exceed amounts established and available in the City budget. 6. Cash Advances. Cash advances on credit cards are prohibited. B. Expenses incident to authorized travel may be charged to a City-issued credit card provided the official or employee returns to the City with credit card receipts in accordance with the City travel policies and procedures. An expense reimburse- ment form is also desired. If certain credit charges are disallowed as a result of audit or City policy, such charge must be repaid to the City with the City having the right to withhold funds payable to the official or employee up to the amount of the disallowed charge including interest at the rate charged by the credit card company. C. The city manager is authorized to revoke the use of any charge card issued and immediately require the surrender of the credit card. The city manager may deliver a revocation order to the charge card company with the City not being liable for any future costs incurred after the date of revo- cation. D. The city manager is authorized to adopt any additional rules or policies necessary to implement the provisions of the ordinance codified in this sec- tion. (Ord. 07-011 § 1, 2007; Ord. 30 § 2, 2003). Chapter 2.70 LEGAL REPRESENTATION OF EMPLOYEES Sections: 2.70.010 Definitions. 2.70.020 Legal representation. 2.70.030 Exclusions. 2.70.040 Determination of exclusion. 2.70.050 Representation and payment of claims – Conditions. 2.70.060 Effect of compliance with conditions. 2.70.070 Failure to comply with conditions. 2.70.080 Reimbursement of incurred expenses. 2.70.090 Conflict with provisions of insurance policies. 2.70.100 Pending claims. 2.70.110 Punitive damages. 2.70.010 Definitions. Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings: A. “Employee” means any person who is or has been employed by the City of Spokane Valley, including volunteers. B. “Official” means any person who is serving or has served as an elected official of the City of Spokane Valley, and any person who is serving or who has served as an appointed member of any City board, commission, committee or any other appointed position within the City of Spokane Val- ley. The term “appointed” as used herein shall mean a person appointed by city council action, as authorized by state law or City resolution or ordi- nance. (Ord. 7 § 1, 2002). 2.70.020 Legal representation. A. The City shall provide to an official or employee, subject to the conditions and require- ments of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the City, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in his/her capacity as a City official or employee, which act or omission is within the scope of his/her service or employ- ment with the City. The ordinance codified in this chapter is subject to repeal or modification at the sole discretion of the city council; provided, that Spokane Valley Municipal Code 2.70.050 2-15 (Revised 12/07) such repeal or modification shall apply prospec- tively only, and shall have no effect upon the obli- gation to indemnify and/or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification. B. The legal services shall be provided by the office of the city attorney unless: l. Any provision of an applicable policy of insurance provides otherwise; 2. The city attorney appoints alternate legal counsel to the case; or 3. A conflict of interest or ethical bar exists with respect to said representation by the city attor- ney. C. In the event outside counsel is retained under subsections (B)(1) or (2) of this section, the City shall indemnify the employee for the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attor- ney’s fees in excess of hourly rates established by the City’s contract with the attorney selected by the City. The officer or employee shall be liable for all hourly charges in excess of said rate. (Ord. 7 § 2, 2002). 2.70.030 Exclusions. A. In no event shall protection as provided by this chapter be offered by the City to or involving: l. Any dishonest, fraudulent, criminal, will- ful, intentional or malicious act or course of con- duct of an official or an employee; 2. Any act or course of conduct of an official or employee which is not performed on behalf of the City; 3. Any act or course of conduct which is out- side the scope of an official’s or employee’s ser- vice or employment with the City; 4. Any lawsuit brought against an official or employee by or on behalf of the City; and/or 5. Any action or omission contrary to or not in furtherance of any adopted City policy. B. Nothing herein shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor limit its ability to discipline or termi- nate any official or employee. C. The provisions of this chapter shall have no force or effect with respect to any accident, occur- rence or circumstance for which the City or the official or employee is insured, from whatever source, against loss or damage; provided, that the provisions of this chapter shall apply in the event the loss or damages fall within the deductible or exclusion(s) of the City’s applicable insurance pol- icy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance whether owned by or otherwise applicable to any official or employee. The City shall have the right to require an employee to fully utilize any such pol- icy protection prior to requesting the protection afforded by this chapter. (Ord. 7 § 3, 2002). 2.70.040 Determination of exclusion. The determination of whether an official or employee shall be afforded a defense by the City under the terms of this chapter shall be made by the city council. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that an official or employee meets or does not meet the criteria of this chapter. Nothing herein shall preclude the City from under- taking the defense of an officer or employee under a reservation of rights. The determination as to whether a defense is to be furnished as provided under this chapter to a member or to members of the city council shall be made without the vote of such member or members of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. (Ord. 7 § 4, 2002). 2.70.050 Representation and payment of claims – Conditions. The provisions of this chapter shall apply only when the following conditions are met: A. In the event of any incident or course of con- duct potentially giving rise to a claim for damages, or for the commencement of a lawsuit, the official or employee involved shall, as soon as practicable, give the city manager written notice thereof, iden- tifying the official or employee involved, all infor- mation known to the official or employee involved with respect to the date, time, place and circum- stances surrounding the incident or conduct giving rise to the potential claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses; B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relat- ing to any such incident or conduct to the city man- ager and city council, and shall cooperate with the city attorney or if the city attorney authorizes or (Revised 12/07)2-16 This page intentionally left blank. Spokane Valley Municipal Code 2.70.090 2-17 (Revised 3/11) designates another attorney to handle the matter, with that attorney, and, upon request, shall assist in making settlement of any suit and enforcing any claim for any right of subrogation against any per- sons or organizations that may be liable to the City because of any damage or claim of loss arising from said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorney’s fees arising out of state or federal statute upon a determination that the lawsuit brought was frivolous in nature; C. Such official or employee shall attend inter- views, depositions, hearings and trials and shall assist in securing and giving evidence and obtain- ing assistance of witnesses all without any addi- tional compensation to the official or employee, and, in the event that an employee has left the employ of the City, no fee or compensation shall be provided; and D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense related to said claim or lawsuit, other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Nothing herein shall be deemed to preclude any official or employee from retaining any attorney to represent his/her interests relating to such claim or lawsuit; however, all costs and expenses incurred thereby shall be paid by the official or the employee. (Ord. 7 § 5, 2002). 2.70.060 Effect of compliance with conditions. If legal representation of an official or employee is undertaken by the City, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement is made, the City shall pay such judgment or settle- ment; provided, that the City may in its sole discre- tion appeal as necessary any such judgment. (Ord. 7 § 6, 2002). 2.70.070 Failure to comply with conditions. In the event that any official or employee fails or refuses to comply with any of the conditions set forth in SVMC 2.70.050, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and shall have no force or effect with respect to any such claim or lit- igation. In the event any official or employee falls within the scope of this section, the City shall not be responsible for paying an award of nonpunitive or punitive damages as allowed by RCW 4.96.041(4). (Ord. 7 § 7, 2002). 2.70.080 Reimbursement of incurred expenses. A. If the City determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the City shall pay any judgment rendered against the official or employee and reasonable attorney’s fees incurred in defending against the claim. The City shall pay any costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is cov- ered by the provisions of this chapter; provided, that if a court of competent jurisdiction determines that such claim does not come within the provi- sions of this chapter, then the official or employee shall pay the City’s costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter. B. If the City determines that a claim against an official or employee does come within the provi- sions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the City shall be reimbursed by the official or employee for costs or expenses incurred in obtain- ing the determination that such claim is not cov- ered by the provisions of this chapter. (Ord. 7 § 8, 2002). 2.70.090 Conflict with provisions of insurance policies. The indemnification provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to mod- ify or amend any provisions of any policy of insur- ance where City official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing con- tained in this chapter shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter to provide the coverage detailed in this chapter only outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provisions contained in this chapter. (Ord. 7 § 9, 2002). 2.70.100 (Revised 3/11)2-18 2.70.100 Pending claims. The provisions of this chapter shall apply to any claims or lawsuits filed against any official or employee, and any such claims or lawsuits herein- after filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 7 § 10, 2002). 2.70.110 Punitive damages. If an official or employee has complied with the provisions of SVMC 2.70.050 and a court of com- petent jurisdiction finds that the claim or lawsuit filed against such official or employee resulted from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in his/her capacity as an official or employee and said conduct, act or omission was within the scope of his/her service or employment with the City, then the City shall be solely responsible for the payment of any punitive damages awarded for such claim or lawsuit. (Ord. 7 § 11, 2002). Chapter 2.75 PUBLIC RECORDS Sections: 2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW. 2.75.020 City description – Contact information – Public records officer. 2.75.030 Availability of public records. 2.75.040 Processing of public records – General. 2.75.050 Reserved. 2.75.060 Exemptions. 2.75.070 Costs for providing copies of public records. 2.75.080 Review of denials of public records. 2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW. A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonex- empt public records in accordance with published rules. The Act defines “public record” to include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the city regardless of physical form or characteristics. RCW 42.56.070(2) requires each city to set forth for informational purposes every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that city. B. The purpose of this chapter is to establish the procedures the City will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the City, and establish processes for requestors and City staff that are designed to best assist members of the public in obtaining such access. C. The purpose of the Public Records Act is to provide the public full access to information con- cerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. The Act and this chapter will be interpreted in favor of disclosure. In carrying out its responsibilities under the Act, the City will be guided by the provisions of the Act describing its purposes and interpreta- tion. (Ord. 10-025 § 2, 2010; Ord. 07-006 § 2, 2007). Spokane Valley Municipal Code 2.75.040 2-19 (Revised 3/11) 2.75.020 City description – Contact information – Public records officer. A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City’s central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also has offices at CenterPlace located at 2426 N. Dis- covery Place, Spokane Valley, WA 99216, the Public Works Maintenance Shop located at 10804 E. First Ave., Spokane Valley, WA 99206, and the Spokane Valley Precinct located at 12710 E. Spra- gue Ave., Spokane Valley, WA 99216. B. Any person wishing to request access to public records of the City or seeking assistance in making such a request should contact the public records officer of the City: City Clerk City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Phone: 720-5102 Fax: 688-0194 cbainbridge@spokanevalley.org Information is also available at the City’s web site at http://www.spokanevalley.org C. The public records officer will oversee com- pliance with the Act but another City staff member may process the request. Therefore, these rules will refer to the public records officer or designee. The public records officer and the City will provide requestors the fullest assistance, as set forth in SVMC 2.75.040; will ensure that public records are protected from damage or disorganization; and will strive to prevent the fulfilling of public records requests from causing excessive interference with essential functions of the City. (Ord. 10-025 § 3, 2010; Ord. 07-006 § 2, 2007). 2.75.030 Availability of public records. A. Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding holidays as defined in Chapter 2.60 SVMC). Records must be inspected at City offices by appointment. B. Records Index. The City finds that maintain- ing an index is unduly burdensome and would interfere with City operations due to the diversity of City departments and information systems, bud- get restraints and the unavailability of staff. C. Organization of Records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take original City records from City offices. A variety of records is available on the City web site: http://www.spokanevalley.org Requestors are encouraged to view the docu- ments available on the web site prior to submitting a records request. D. Making a Request for Public Records. 1. Any person wishing to inspect or have copies of public records of the City should make the request in writing on the City’s public record request form, or by letter, fax, or e-mail addressed to the public records officer, or by telephone or in person. The request should include the following information: name of requestor; complete mailing address of requestor; other contact information, including telephone number and any e-mail address; identification of the public records ade- quate for the public records officer or designee to locate the records; and the date and time of day of the request. Within five days of receipt, the public records officer or designee shall confirm the sub- stance and the receipt of requests for public records by telephone or in person or in writing. 2. If the requestor wishes to have copies of the records instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit pursuant to SVMC 2.75.070. 3. A form is available for use by requestors at all City offices and online at: http://www.spokanevalley.org (Ord. 07-006 § 2, 2007). 2.75.040 Processing of public records – General. A. Providing Fullest Assistance. The City is charged by statute with adopting rules which describe how it will provide full access to public records, protect records from damage or disorgani- zation, prevent excessive interference with other essential functions of the City, provide fullest assistance to requestors, and provide the most timely possible action on public records requests. The public records officer will process requests in the order allowing the most requests to be pro- cessed in the most efficient manner. B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the 2.75.040 (Revised 3/11)2-20 public records officer will do one or more of the following: 1. Make the records available for inspection or copying; 2. Provide an Internet address and/or link to the City’s website to the specific records requested, except that if the requestor notifies the City that he or she cannot access the records through the Inter- net, then the City will provide copies of the record or allow the requestor to view copies using a City computer, if available and practical; 3. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 4. Provide a reasonable estimate of when records will be available; 5. If the request is unclear or does not suffi- ciently identify the requested records, request clar- ification from the requestor. Such clarification may be requested and provided by telephone. The pub- lic records officer may revise the estimate of when records will be available; or 6. Deny the request, explaining the reason for such denial. C. Consequences of Failure to Respond. If the City does not respond in writing within five busi- ness days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the fail- ure to respond. D. Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from dis- closure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possi- ble for those other persons to contact the requestor and ask him or her to revise the request, or, if nec- essary, seek an order from a court to prevent or limit the disclosure. The notice to the affected per- sons will include a copy of the request. E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F. Inspection of Records. 1. Consistent with other demands, the City shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the City to copy. 2. The requestor must claim or review the assembled records within 30 days of the City’s notification to him or her that the records are avail- able for inspection or that copies are ready to be paid for and picked up. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrange- ments, the City may close the request and refile the assembled records. G. Providing Copies of Records. After inspec- tion is complete, the public records officer shall make the requested copies or arrange for copying. If the requestor is making copies of City records, the City may stop the requestor from such copying if, in the City’s reasonable belief, such copying by the requestor is damaging the records or resulting in the records becoming disordered. H. Providing Records in Installments. When the request is for a large number of records, the public records officer will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the pub- lic records officer may stop searching for the remaining records and close the request. I. Completion of Inspection. When the inspec- tion of the requested records is complete and all requested copies are provided, the public records officer will indicate that the City has completed a diligent search for the requested records and inform the requestor that nonexempt records are available for inspection. J. Closing Withdrawn or Abandoned Request. If the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will Spokane Valley Municipal Code 2.75.080 2-21 (Revised 3/11) close the request and indicate to the requestor that the City has closed the request. K. Later Discovered Documents. If, after the City has informed the requestor that all available records have been provided, the City becomes aware of additional responsive documents existing at the time of the request, the requestor will be promptly informed of the additional documents and such documents will be provided expedi- tiously. (Ord. 10-025 § 4, 2010; Ord. 07-006 § 2, 2007). 2.75.050 Reserved. (Ord. 07-006 § 2, 2007). 2.75.060 Exemptions. A. The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, docu- ments are exempt from disclosure if any other stat- ute exempts or prohibits disclosure. A list of the laws and regulations, outside the Public Records Act, that restrict the availability of some docu- ments held by City for inspection and copying is kept by the public records officer. B. The City is prohibited by statute from dis- closing lists of individuals for commercial pur- poses. (Ord. 07-006 § 2, 2007). 2.75.070 Costs for providing copies of public records. A. Costs for Paper Copies. The fees for public records shall be determined by separate resolution. There is no fee for inspecting public records or for providing documents electronically, provided the document was created in an electronic format. Document copies mailed to the requestor will not be mailed until the fee, plus postage, has been received. Before beginning to make the copies, the public records officer may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The City will not charge sales tax for copies of public records. B. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment, which charges shall not exceed the amount necessary to reimburse the agency for its actual costs directly incident to such copying. (RCW 42.56.120) C. Costs of Mailing. The City will also charge actual costs of mailing, including the cost of the shipping container. D. Payment. Payment may be made by cash, check, or money order payable to the City of Spo- kane Valley. (Ord. 10-025 § 5, 2010; Ord. 07-006 § 2, 2007). 2.75.080 Review of denials of public records. A. Petition for Internal Administrative Review of Denial of Access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request. B. Consideration of Petition for Review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer’s supervisor or other City official designated by the City to conduct the review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the City’s receipt of the petition, or within such other time as the City and the requestor mutually agree. C. Judicial Review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial. (Ord. 07- 006 § 2, 2007). 3-1 (Revised 2/10) Title 3 REVENUE AND FINANCE Chapters: 3.05 Sales and Use Tax 3.10 Real Estate Sales Tax 3.15 Leasehold Excise Tax 3.20 Transient Occupancy Tax 3.25 Gambling Tax 3.30 Funds 3.35 Contract Authority 3.40 Contract Purchases 3.45 Architectural and Engineering Services 3.50 Small Works Roster 3.55 Payment of Claims Against City 3.60 Fees for City Services 3.65 Cable Code 3.70 Utility Tax 3.75 Assessment Reimbursement Agreements 3.80 Storm and Surface Water Utility 3-3 (Revised 5/14) Spokane Valley Municipal Code 3.05.050 Chapter 3.05 SALES AND USE TAX Sections: Article I. Sales and Use Tax 3.05.010 Imposition of sales and use tax as authorized by RCW 82.14.030(1). 3.05.020 Administration – Collection – Agreement with Department of Revenue. 3.05.030 Inspection of records – Agreement with Department of Revenue. 3.05.040 Violation – Penalty. Article II. Additional Sales and Use Tax 3.05.050 Imposition of sales and use tax as authorized by RCW 82.14.030(2). 3.05.060 Administration – Collection – Agreement with Department of Revenue. 3.05.070 Inspection of records. 3.05.080 Violation – Penalty. Article I. Sales and Use Tax 3.05.010 Imposition of sales and use tax as authorized by RCW 82.14.030(1). A. Imposition. There is imposed a sales and/or use tax, as the case may be, upon every taxable event as defined in Chapter 82.14 RCW, as the same now exists or may hereafter be amended, which occurs within the corporate limits of the City of Spokane Valley. The tax shall be imposed upon and collected from those persons or entities from whom Washington State sales and/or use tax is col- lected pursuant to Chapters 82.08 and 82.12 RCW, as the same now exist or may hereafter be amended. B. Tax Rate. The rate of tax imposed by subsec- tion A of this section shall be one-half of one per- cent of the selling price or value of the article used, as the case may be; provided, that during such period as there is in effect a sales and/or use tax imposed by Spokane County pursuant to RCW 82.14.030(1), the rate imposed by this article shall be as provided in RCW 82.14.030(1), as the same now exists or may hereafter be amended. The rate as of the effective date of the ordinance codified in this article shall be 425/1,000 (.425) of one percent. (Ord. 15 § 1, 2003). 3.05.020 Administration – Collection – Agreement with Department of Revenue. The administration and collection of the tax imposed by this article shall be in accordance with the provisions of RCW 82.14.050, as the same now exists or may hereafter be amended. The city man- ager is authorized to enter into an agreement with the Department of Revenue for the administration and collection of the above-described tax. (Ord. 15 § 2, 2003). 3.05.030 Inspection of records – Agreement with Department of Revenue. The City of Spokane Valley consents to the inspection of such records as are necessary by the Department of Revenue, pursuant to RCW 82.32.330, as the same now exists or may hereafter be amended. (Ord. 15 § 3, 2003). 3.05.040 Violation – Penalty. It is unlawful for any seller to fail or refuse to collect taxes with intent to violate the provisions of this article, or to gain some advantage or benefit, whether direct or indirect, or for any buyer to refuse to pay any tax due under the provisions of this article. Any person or entity violating any pro- vision of this article shall be guilty of a misde- meanor, and upon conviction thereof, punished pursuant to Washington state law or City ordi- nance. (Ord. 15 § 4, 2003). Article II. Additional Sales and Use Tax 3.05.050 Imposition of sales and use tax as authorized by RCW 82.14.030(2). A. Imposition. In addition to other taxes which may be imposed by the City, there is imposed a separate sales and/or use tax, as the case may be, upon the same taxable events and upon which the tax imposed pursuant to RCW 82.14.030(1) is lev- ied, as the same exists or may hereafter be amended, and as specifically authorized by RCW 82.14.020(2). B. Tax Rate. The rate of tax imposed by this section, which shall be in addition to the rate of tax permitted to be imposed by City ordinance pursu- ant to RCW 82.14.030(1), as the same now exists or may hereafter be amended, shall be one-half of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax); provided, that if Spokane County shall impose a sales and/or use tax pursuant to RCW 82.14.030(2), as the same now exists or may here- 3.05.060 (Revised 5/14)3-4 after be amended, at a rate that is equal to or greater than the rate imposed under this article, then Spo- kane County shall receive 15 percent of the City of Spokane Valley tax; provided further, that if Spo- kane County shall impose a sales and/or use tax pursuant to RCW 82.14.030(2), at a rate that is less than the rate imposed under this article, Spokane County shall receive that amount of revenues from the City of Spokane Valley tax equal to 15 percent of the rate of tax imposed by the county. (Ord. 16 § 1, 2003). 3.05.060 Administration – Collection – Agreement with Department of Revenue. The administration and collection of the tax imposed by this article shall be in accordance with the provisions of RCW 82.14.050, as the same now exists or may hereafter be amended. The city man- ager is authorized to enter into an agreement with the Department of Revenue for the administration and collection of the tax. (Ord. 16 § 2, 2003). 3.05.070 Inspection of records. The City of Spokane Valley consents to the inspection of such records as are necessary by the Department of Revenue, pursuant to RCW 82.32.330, as the same now exists or may hereafter be amended. (Ord. 16 § 3, 2003). 3.05.080 Violation – Penalty. It is unlawful for any seller to fail or refuse to collect taxes with intent to violate the provisions of this article, or to gain some advantage or benefit, whether direct or indirect, or for any buyer to refuse to pay any tax due under the provisions of this article. Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof punished pursuant to Washington State law or City ordinance. (Ord. 16 § 5, 2003). Chapter 3.10 REAL ESTATE SALES TAX Sections: Article I. Real Estate Sales Tax 3.10.010 One-quarter percent excise tax on real estate sales. 3.10.020 County to collect payment. 3.10.030 Tax is obligation of seller. 3.10.040 Tax lien on real property. 3.10.050 Duties of county treasurer. 3.10.060 Payment due. 3.10.070 Refunds. 3.10.080 Creation of REET 1 capital projects fund. 3.10.090 Violation – Penalty. Article II. Additional Real Estate Sales Tax 3.10.100 Additional one-quarter percent excise tax on real estate sales. 3.10.110 County to collect payment. 3.10.120 Tax is obligation of seller. 3.10.130 Tax lien on real property. 3.10.140 Duties of county treasurer. 3.10.150 Payment due. 3.10.160 Refunds. 3.10.170 Creation of REET 2 capital projects fund. 3.10.180 Violation – Penalty. Article I. Real Estate Sales Tax 3.10.010 One-quarter percent excise tax on real estate sales. A. Imposition. Pursuant to RCW 82.46.010, there is imposed an excise tax on each sale of real property constituting a taxable event as defined in Chapter 82.45 RCW, as the same now exists or may hereafter be amended. The tax imposed under this section shall be collected from persons who are taxable by the state under Chapter 82.45 RCW, as the same now exists or may hereafter be amended, and such tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapters 82.45 and 82.46 RCW, as the same now exist or may hereafter be amended. B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.010, as the same now exists or may hereafter be amended, shall be 3-5 (Revised 5/14) Spokane Valley Municipal Code 3.10.090 one-quarter of one percent of the selling price of all real property upon which this tax is imposed. C. Use of Proceeds. All proceeds from the tax imposed by this section shall be placed by the finance director/city treasurer, or authorized desig- nee, in the City’s capital project fund, with expen- ditures therefrom restricted solely to those uses permitted by state law; namely, for any capital pur- pose identified in a capital improvements plan and local capital improvements including those listed in RCW 35.43.040. (Ord. 11-013 § 3, 2011; Ord. 17 § 1, 2003). 3.10.020 County to collect payment. The county treasurer shall collect the tax imposed by this article. The county treasurer shall place one percent of the proceeds of the taxes imposed and collected by this article in the county current expense fund to defray costs of collection. The remaining proceeds from City taxes imposed by this article shall be distributed to the City monthly. (Ord. 17 § 2, 2003). 3.10.030 Tax is obligation of seller. The taxes imposed by this article are the obliga- tion of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 17 § 3, 2003). 3.10.040 Tax lien on real property. The taxes imposed by this article and any inter- est or penalties thereon is a specific lien upon each piece of real property sold from the time of sale or until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mort- gages. Resort to one course of enforcement is not an election of remedies or a waiver of legal rights. (Ord. 17 § 4, 2003). 3.10.050 Duties of county treasurer. The taxes imposed by this article shall be paid to and collected by the county treasurer. The county treasurer shall cause a stamp evidencing satisfac- tion of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the county treasurer for the payment of the tax imposed herein shall be evidence of the satisfaction of the lien imposed by this article and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the Spokane County auditor’s office for filing or recording until the tax is paid and the stamp affixed thereto. In case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the county treasurer. (Ord. 17 § 5, 2003). 3.10.060 Payment due. The tax imposed by this article shall become due and payable immediately at the time of the sale, and if not so paid within 30 days thereafter, shall bear interest at the maximum rate permitted by law from the time of sale until the date of payment. (Ord. 17 § 6, 2003). 3.10.070 Refunds. If, upon written application by a taxpayer to the county treasurer for a refund, it appears that tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of miscalcu- lation. Any refund made shall be withheld from the next monthly distribution to the City of Spokane Valley. (Ord. 17 § 7, 2003). 3.10.080 Creation of REET 1 capital projects fund. There is created a special City fund to be known as the REET 1 capital projects fund, into which shall be deposited all proceeds of the tax imposed by SVMC 3.10.010. Revenue in the REET 1 capi- tal projects fund shall be used to finance capital projects specified in the capital facilities plan ele- ment of the City comprehensive plan. (Ord. 13-016 § 2, 2013; Ord. 17 § 8, 2003). 3.10.090 Violation – Penalty. It is unlawful for any person to fail or refuse to pay taxes with intent to violate the provisions of this article. Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof, punished pursuant to state law or City ordinance. (Ord. 17 § 9, 2003). 3.10.100 (Revised 5/14)3-6 Article II. Additional Real Estate Sales Tax 3.10.100 Additional one-quarter percent excise tax on real estate sales. A. Imposition. Pursuant to RCW 82.46.035, there is imposed an additional excise tax on each sale of real property constituting a taxable event as defined in Chapter 82.45 RCW, as the same now exists or may hereafter be amended. The tax imposed under this section shall be collected from persons who are taxable by the state under Chapter 82.45 RCW, as the same now exists or may hereaf- ter be amended, and such tax shall comply with all applicable rules, regulations, laws and court deci- sions regarding real estate excise taxes as imposed by the state of Washington under Chapters 82.45 and 82.46 RCW, as the same now exist or may hereafter be amended. B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.035, as the same now exists or may hereafter be amended, shall be one-quarter of one percent of the selling price of all real property upon which this tax is imposed. C. Use of Proceeds. All proceeds from the tax imposed by this section shall be placed by the finance director/city treasurer, or authorized desig- nee, in the City of Spokane Valley’s special capital project fund established under SVMC 3.10.170 and shall be used solely for financing capital proj- ects, as specified in the capital facilities plan ele- ment of the City comprehensive plan approved by the city council. (Ord. 11-013 § 4, 2011; Ord. 18 § 1, 2003). 3.10.110 County to collect payment. The county treasurer shall collect the tax imposed by this article. The county treasurer shall place one percent of the proceeds of the taxes imposed and collected by this article in the county current expense fund to defray costs of collection. The remaining proceeds from City of Spokane Val- ley taxes imposed by this article shall be distrib- uted to the City of Spokane Valley monthly. (Ord. 18 § 2, 2003). 3.10.120 Tax is obligation of seller. The taxes imposed by this article are the obliga- tion of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 18 § 3, 2003). 3.10.130 Tax lien on real property. The taxes imposed by this article and any inter- est or penalties thereon is a specific lien upon each piece of real property sold from the time of sale or until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mort- gages. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 18 § 4, 2003). 3.10.140 Duties of county treasurer. The taxes imposed by this article shall be paid to and collected by the county treasurer. The county treasurer shall cause a stamp evidencing satisfac- tion of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the county treasurer for the payment of the tax imposed herein shall be evidence of the satisfaction of the lien imposed by this article and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the Spokane County auditor’s office for filing or recording until the tax is paid and the stamp affixed thereto. In case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the county treasurer. (Ord. 18 § 5, 2003). 3.10.150 Payment due. The tax imposed by this article shall become due and payable immediately at the time of the sale, and if not so paid within 30 days thereafter, shall bear interest at the maximum rate permitted by law from the time of sale until the date of payment. (Ord. 18 § 6, 2003). 3.10.160 Refunds. If, upon written application by a taxpayer to the county treasurer for a refund, it appears that tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of miscalcu- lation. Any refund made shall be withheld from the next monthly distribution to the City of Spokane Valley. (Ord. 18 § 7, 2003). 3-7 (Revised 5/14) Spokane Valley Municipal Code 3.15.040 3.10.170 Creation of REET 2 capital projects fund. There is created a special fund to be known as the REET 2 capital projects fund, into which shall be deposited all proceeds of the tax imposed by SVMC 3.10.100. Revenue in the REET 2 capital projects fund shall be used to finance capital proj- ects specified in the capital facilities plan element of the City comprehensive plan. (Ord. 13-016 § 2, 2013; Ord. 18 § 8, 2003). 3.10.180 Violation – Penalty. It is unlawful for any person to fail or refuse to pay taxes with intent to violate the provisions of this article. Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof, punished pursuant to state law or City ordinance. (Ord. 18 § 9, 2003). Chapter 3.15 LEASEHOLD EXCISE TAX Sections: 3.15.010 Leasehold excise tax. 3.15.020 Rate of leasehold excise tax. 3.15.030 Exemptions. 3.15.040 Administration and collection. 3.15.050 Adoption of other laws. 3.15.060 Violation – Penalty. 3.15.010 Leasehold excise tax. There is levied and shall be collected a leasehold excise tax on the act or privilege of occupying or using publicly owned real or personal property through a “leasehold interest” as that term is defined in RCW 82.29A.020. The leasehold excise tax shall be imposed upon and collected from those persons holding a leasehold interest within the City on publicly owned property who are required to pay a leasehold excise tax to the State Department of Revenue pursuant to Chapter 82.29A RCW. (Ord. 19 § 1, 2003). 3.15.020 Rate of leasehold excise tax. The City imposes a leasehold excise tax in the amount of four percent of the taxable rent, as that term is defined in RCW 82.29A.020, less any allowable credits in RCW 82.29A.120. (Ord. 19 § 2, 2003). 3.15.030 Exemptions. The City exempts certain leasehold interests from this chapter pursuant to RCW 82.29A.130, 82.29A.134, 82.29A.135 and 82.29A.136. (Ord. 19 § 3, 2003). 3.15.040 Administration and collection. The finance director/city treasurer, or designee, is authorized and directed to contact the Washing- ton State Department of Revenue to administer and collect the tax in accordance with RCW 82.29A.080. The city manager is authorized to enter into a contract with the State Department of Revenue for the administration, collection and dis- bursement of the taxes imposed herein, pursuant to RCW 82.29A.080. A copy of the contract shall be maintained on file in the office of the city clerk. The city clerk is further directed to transmit a certified copy of the ordinance codified in this chapter to the clerk of the board for Spokane County, the Washington State Office of Financial 3.15.050 (Revised 5/14)3-8 Management and the Department of Revenue. (Ord. 11-013 § 5, 2011; Ord. 19 § 4, 2003). 3.15.050 Adoption of other laws. Pursuant to RCW 35A.11.020 and 35A.21.160, the City adopts by reference the state leasehold excise tax laws, Chapter 82.29A RCW and the state leasehold excise tax rules found at Chapter 458-29A WAC which are incorporated by this ref- erence as presently written or hereafter amended as the excise tax laws and rules of the City of Spokane Valley. (Ord. 19 § 5, 2003). 3.15.060 Violation – Penalty. It is unlawful for any person to fail or refuse to pay the leasehold excise tax imposed under this chapter. Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished according to state law and/or City ordinance. (Ord. 19 § 6, 2003). Chapter 3.20 TRANSIENT OCCUPANCY TAX Sections: 3.20.010 Imposition of tax on the furnishing of lodging. 3.20.020 Creation of tourism-promotion fund. 3.20.030 Administration. 3.20.040 Lodging tax advisory committee. 3.20.050 Violation – Penalty. 3.20.010 Imposition of tax on the furnishing of lodging. A. Imposition. There is levied a special excise tax of two percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chap- ter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leas- ing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a license to temporarily use and enjoy the same. B. Definitions. The definitions of “selling price,” “seller,” “buyer,” “consumer,” and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter. C. Imposition of Tax in Addition to Other Taxes and Fees. The tax levied in this chapter shall be a credit against the amount of sales tax (Chapter 82.08 RCW) due the state of Washington on the sale of lodging as set forth herein. (Ord. 27 § 1, 2003). 3.20.020 Creation of tourism-promotion fund. There is created a special fund in the treasury of the City of Spokane Valley termed the “hotel/motel tax fund” into which all taxes collected under this chapter shall be placed and used solely for the pur- pose of paying all or any part of the cost of tourist promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as the same now exists or may hereafter be amended. (Ord. 27 § 2, 2003). 3-9 (Revised 2/10) Spokane Valley Municipal Code 3.25.020 3.20.030 Administration. For the purposes of this chapter, the tax as levied in this chapter will be administered as follows: A. The Department of Revenue is designated as the agent of the City of Spokane Valley for the pur- poses of collection and administration of the tax. B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply for administration and col- lection of the tax by the Department of Revenue. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference. D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting pro- cedures as the department may deem necessary and appropriate. (Ord. 27 § 3, 2003). 3.20.040 Lodging tax advisory committee. The city council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be represen- tatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from orga- nizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent busi- nesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the city council. Annu- ally, the membership of the committee shall be reviewed. The mayor shall nominate persons and the coun- cil member for the lodging tax advisory committee with council confirmation of the nominees. Nomi- nations shall state the term of committee member- ship. Appointments shall be for one- and two-year terms. (Ord. 27 § 4, 2003). 3.20.050 Violation – Penalty. It is unlawful for any person, firm, or corpora- tion to violate or fail to comply with any of the pro- visions of this chapter and such violation shall constitute a misdemeanor. Each day of violation shall be considered a separate offense. (Ord. 27 § 5, 2003). Chapter 3.25 GAMBLING TAX Sections: 3.25.010 Definitions. 3.25.020 Imposition of tax. 3.25.030 Exemptions – Charitable and nonprofit organizations. 3.25.040 Payment of tax. 3.25.050 Administration of collection. 3.25.060 Delinquent taxes – Lien authorized – Collection actions. 3.25.070 Late penalty – Interest. 3.25.080 Notice of intention to engage in gambling activity – Filing with City. 3.25.090 Inspection and audit of premises, paraphernalia, books and records. 3.25.100 Penalties. 3.25.010 Definitions. For the purposes of this chapter, the terms used herein shall have the meaning provided in Chapter 9.46 RCW, as the same now exists or may hereafter be amended, and as further provided by the rules and regulations of the Washington State Gambling Commission, as set forth in WAC Title 230, as the same now exists or may hereafter be amended, unless otherwise specifically provided herein. (Ord. 28 § 1, 2003). 3.25.020 Imposition of tax. Pursuant to RCW 9.46.110, as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations conducting or operating in the City of Spokane Valley any of the activities listed below, a tax to be paid to the City of Spokane Valley, in the amount hereinafter specified: A. Bingo and Raffles. 1. A tax in the amount equal to five percent of the gross receipts from a bingo game or raffle, less the amount awarded as cash or merchandise prizes. B. Punchboards and Pulltabs. All organiza- tions, whether for profit, nonprofit or bona fide charitable, shall pay a tax in an amount equal to five percent of the gross receipts from the opera- tion of punchboards and pulltabs, less the amount awarded as cash or merchandise prizes. C. Social Card Playing. 1. Operators shall pay a tax equal to 10 per- cent of the gross revenue from such card games. 3.25.030 (Revised 2/10)3-10 D. Amusement Games. 1. Amusement games authorized for opera- tion pursuant to the provisions of the Washington Administrative Code shall be subject to the levy of a tax in the amount not to exceed two percent of the gross receipts from the amusement game, less the amount awarded as prizes, and shall be equal to the amount of actual costs and expenses incurred for enforcement of Chapter 9.46 RCW by the City of Spokane Valley. (Ord. 04-037 §§ 2, 3, 2004; Ord. 28 § 2, 2003). 3.25.030 Exemptions – Charitable and nonprofit organizations. A. Bingo and amusement games conducted by a bona fide charitable or nonprofit organization (as defined in RCW 9.46.0209) shall be exempt from the tax imposed by SVMC 3.25.020, when such organization has no paid operating or management personnel and its gross receipts from bingo or amusement games, or a combination thereof, do not exceed $5,000 per year, less the amount awarded as cash or merchandise prizes. B. No tax may be imposed on the first $10,000 of gross receipts, less the amount awarded as cash or merchandise prizes, from raffles conducted by any bona fide charitable or nonprofit organization. (Ord. 28 § 3, 2003). 3.25.040 Payment of tax. The tax imposed by this chapter shall be due and payable in quarterly installments and remitted to the city finance director together with the required information on the return form(s), as prescribed by the City, on or before the thirtieth day of the month succeeding the quarterly period in which the tax accrued, unless the thirtieth day of the month is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applica- ble due date shall be delinquent; provided how- ever: A. Whenever an entity subject to the tax imposed by this chapter ceases the taxable activity for a period of more than two consecutive calendar months, the tax shall become due and payable on the tenth calendar day following the last date of business, unless the tenth day is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. B. Whenever the city manager determines, based upon a history of delinquent payment or an assignment for the benefit of creditors, or such other evidence, that the ability of the City of Spo- kane Valley to collect the tax owing from the tax- payer may be in jeopardy, the City, after not less than 10 days’ written notice to the taxpayer, may require the taxpayer to remit taxes owing hereun- der at a shorter interval than prescribed herein. Notice shall be given by regular and certified mail. In the event that the certified mail is refused by the taxpayer and returned to the City of Spokane Val- ley, notice shall be deemed effective upon the date of mailing of the notice by regular mail. (Ord. 10- 001 § 2, 2010; Ord. 28 § 4, 2003). 3.25.050 Administration of collection. The city finance director is hereby authorized to create a gambling tax form, which shall be avail- able to the public in reasonable numbers at the City office during regular business hours. Taxes paid hereunder shall be accompanied by the gambling tax return form and a copy of the taxpayer’s quar- terly report to the Washington State Gambling Commission for the period in which the tax has accrued. The taxpayer shall be required to swear and affirm under penalty of perjury under the laws of the state of Washington that the information given in the return is true, accurate and complete. The city finance director is authorized, but not required, to mail to taxpayers gambling tax return forms for remitting the tax owing hereunder. Fail- ure of the taxpayer to receive such a form shall not excuse timely payment of all taxes due and owing hereunder. (Ord. 28 § 5, 2003). 3.25.060 Delinquent taxes – Lien authorized – Collection actions. Whenever any tax imposed hereunder shall become delinquent, the city attorney is authorized to file a lien upon the personal and real property used in the gambling activity taxable by this chap- ter in the same manner as provided for under RCW 84.60.010, as the same now exists or may hereafter be amended. Pursuant to RCW 9.46.110 as the same now exists or may hereafter be amended, the lien shall attach on the date the tax becomes due and shall relate back and have priority against the real and personal property to the same extent as ad valorem taxes. The city attorney is further autho- rized to bring a civil action to collect fees, interest, penalties and delinquent taxes owing hereunder pursuant to RCW 9.46.350, as the same now exists or may hereafter be amended. (Ord. 28 § 6, 2003). 3-11 (Revised 2/15) Spokane Valley Municipal Code 3.25.100 3.25.070 Late penalty – Interest. A. If a payment of any tax imposed hereunder becomes delinquent, there shall be added to said tax a late penalty in an amount as may be estab- lished from time to time by resolution of the city council. B. In addition to an assessment of a late penalty as prescribed by subsection A of this section, any quarterly tax payment not paid by the due date shall bear interest at the rate of 12 percent per annum or the maximum legal rate, whichever is greater. (Ord. 28 § 7, 2003). 3.25.080 Notice of intention to engage in gambling activity – Filing with City. For the purposes of identifying those subject to the taxes imposed by this chapter, each person, association or organization intending to conduct or operate any gambling activity which requires a license pursuant to Chapter 9.46 RCW as the same exists or may hereafter be amended, shall, no later than five days prior to the commencement of any such gambling activity, file with the city finance director a sworn declaration of intent to conduct or operate such activity on a form to be prescribed by the City, together with a copy of any license issued for that gambling activity by the Washington State Gambling Commission or its designee. (Ord. 28 § 8, 2003). 3.25.090 Inspection and audit of premises, paraphernalia, books and records. A. The premises and paraphernalia, and all the books and records of any person, association or organization conducting gambling activities pursu- ant to Chapter 9.46 RCW, as now existing or here- after amended, and any person, association or organization receiving profits therefrom or having any interest therein, shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the chief of police or his or her designee for the purpose of determining compliance or noncompliance with the provisions of this chapter, Chapter 9.46 RCW, and any rules or regulations adopted thereunder. A reasonable time for the purpose of this section shall be: 1. If the items or records to be inspected or audited are located anywhere upon a premises, any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or which they are usually open; or 2. If the items or records to be inspected or audited are not located upon the premises set out in subsection (A)(1) of this section, then at any time between the hours of 8:00 a.m. and 9:00 p.m., local time, Monday through Friday. B. Each person, organization or association engaging in any gambling activity taxable under this chapter shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary for the City to determine the taxpayer’s tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than five years. C. It shall be the responsibility of each individ- ual taxpayer, and for organizations, associations, or corporations, the responsibility of each owner, officer, director or manager thereof, to make avail- able at the times set forth above such financial records and information as the City or his or her designee may require in order to determine full compliance with this chapter. (Ord. 28 § 9, 2003). 3.25.100 Penalties. A. Whoever, in any application for a license or in any book or record required to be maintained by this chapter or by the Washington State Gambling Commission or in any report required to be submit- ted to said commission or to the City of Spokane Valley hereunder, shall make any false or mislead- ing statement, or make any false or misleading entry or willfully fail to maintain or make any entry required to be maintained or made, or who will- fully refuses to produce for inspection by the com- mission or its designee any book, record or document required to be maintained or made by federal or state law, or this chapter, shall be guilty of a gross misdemeanor subject to the penalties set forth in RCW 9A.20.021, as now existing or here- after amended. B. RCW 9.46.185, 9.46.190 and 9.46.195, as now existing or hereafter amended, are hereby adopted by this reference as if set forth fully herein verbatim. (Ord. 28 § 10, 2003). 3.30.010 (Revised 2/15)3-12 Chapter 3.30 FUNDS Sections: 3.30.010 General fund. 3.30.020 Street fund. 3.30.030 General fund petty cash established. 3.30.040 Closed. 3.30.050 Closed. 3.30.060 Equipment rental and replacement fund established. 3.30.070 Risk management fund established. 3.30.080 Trails and paths fund. 3.30.090 Bond fund. 3.30.100 Project funds. 3.30.110 Operating reserve account. 3.30.120 Closed. 3.30.130 Closed. 3.30.140 Closed. 3.30.150 Parks capital improvement fund. 3.30.160 Service level stabilization reserve fund. 3.30.170 Winter weather reserve fund. 3.30.180 CenterPlace operating reserve fund. 3.30.190 Civic building fund. 3.30.200 Street capital projects fund B established. 3.30.210 Street capital improvements 2011+ fund. 3.30.220 Stormwater utility fund. 3.30.230 Solid waste fund. 3.30.010 General fund. There is hereby established a fund to be known as the “general fund” out of which current expenses of the City of Spokane Valley shall be paid, and which will be used to account for finan- cial transactions of the general operating functions of City departments, and to account for those trans- actions not properly accounted for in another fund. (Ord. 9 § 1, 2002). 3.30.020 Street fund. There is hereby established a fund to be known as the “street fund” into which shall be paid all monies received by the City of Spokane Valley as diverted road taxes pursuant to RCW 35.02.140, and into which may be paid monies received by the City of Spokane Valley as distributions, pursuant to RCW 46.68.090(1)(i), of the motor vehicle fuel taxes imposed by the state of Washington. Monies in the fund shall be used generally by the City of Spokane Valley for planning, establishing, con- structing, repairing and maintaining the City’s streets, sidewalks and appurtenances, including pedestrian and bicycle paths, lanes and routes. However, nothing herein shall prohibit the city council from appropriating such additional monies to the fund as may be deemed necessary. Account- ing and reporting procedures as to all street expen- ditures shall comply with the current manual of instructions published by the Washington State Auditor. (Ord. 9 § 2, 2002). 3.30.030 General fund petty cash established. The city manager or designee is hereby autho- rized to establish a general fund petty cash account in such amounts as the city manager may from time to time, in writing, determine necessary for the efficient handling of the purposes for which the fund is established, but not to exceed $1,000. This fund is established to facilitate minor authorized disbursements and the making of change. The fund shall be administered by the city manager, finance director or designees of the same, in accordance with rules or policies providing for such lawful administration. (Ord. 10 § 1, 2002). 3.30.040 Arterial street fund established. Closed by Ord. 13-015. (Ord. 62 § 1, 2003). 3.30.050 Sewer fund established. Closed by Ord. 08-027. (Ord. 62 § 2, 2003). 3.30.060 Equipment rental and replacement fund established. There is hereby established in the City treasury a fund known and designated as the equipment rental and replacement fund for the purpose of pro- viding funds for acquisition and maintenance of equipment to be used by City departments as authorized by Chapter 36.33A RCW and RCW 35.21.088, respectively. (Ord. 62 § 3, 2003). 3.30.070 Risk management fund established. There is hereby established in the City treasury a fund known and designated as the risk manage- ment fund for the purpose of providing funds for the City’s risk financing activities. (Ord. 62 § 4, 2003). 3.30.080 Trails and paths fund. There is hereby established a fund to be known as the trails and paths fund from which motor vehi- cle fuel tax receipts shall be used to establish and maintain paths and trails for pedestrians, equestri- Spokane Valley Municipal Code 3.30.160 3-12.1 (Revised 2/15) ans or bicycles as part of streets, roads and high- ways. (Ord. 03-098 § 1, 2003). 3.30.090 Bond fund. There is hereby created, and shall be maintained by the finance director, a fund known as the “City of Spokane Valley limited tax general obligation bond – Debt service fund” (the “bond fund”) which shall be drawn upon for the sole purpose of paying the principal of and interest on the bonds. Money on deposit in the bond fund not immediately needed to pay such interest or principal may be temporarily deposited in such institutions or invested in any obligations which are legal invest- ments for City funds. Any interest earnings from the investment of such money shall be deposited into the bond fund. (Ord. 03-084 § 7, 2003). 3.30.100 Project funds. There is hereby created, and shall be maintained by the finance director, two funds, the “City of Spokane Valley Mirabeau Point capital projects fund*” (“Mirabeau Point fund”) and the “City of Spokane Valley street capital projects fund A” (“street fund”), (collectively called the “project funds”), into which shall be deposited the proceeds of the sale of the bonds. Monies in the Mirabeau Point fund shall be used for the payment of part of the cost and expense of the acquisition and installation of CenterPlace. Monies in the street fund shall be used to complete the road and street projects identified in Section 2(2) of Ordinance 03-084. All interest earnings on monies invested from the project funds shall be deposited into that respective project fund. The City’s share of any liquidated damages or other monies paid by defaulting contractors or their sure- ties will be deposited into said project fund to assure the acquisition and completion of the proj- ect. When the street projects have been completed and all costs related thereto, including all principal of and interest on the bonds, is paid in full, any monies remaining in the street fund may be depos- ited in the bond fund, created hereafter, or used for other capital projects of the City. When Center- Place is complete, all money remaining in the Mirabeau Point fund shall be used for other lawful purposes associated with CenterPlace. (Ord. 03- 084 § 8, 2003). * Code reviser’s note: Ordinance 13-015 closes Fund 304, Mirabeau Projects Fund. 3.30.110 Operating reserve account. There is hereby created and shall be maintained by the finance director a fund known as the “City of Spokane Valley CenterPlace operating reserve account” (herein called the “operating reserve account”), into which shall be deposited (from funds other than proceeds of the bonds) the sum of $100,000 in 2004. The City covenants to increase the balance of the operating reserve account to $300,000 by the end of 2009. Monies in the operating reserve account shall be available for use in the payment of expenses asso- ciated with CenterPlace, including but not limited to operation and maintenance expenses, debt ser- vice and capital repairs. If the City makes a draw on the funds in the operating reserve account, it shall at the same time file a plan for the replenish- ment of the funds withdrawn. The City covenants to use all reasonable efforts to follow such a plan for replenishment. (Ord. 03-084 § 9, 2003). 3.30.120 Community development block grant fund. Closed by Ord. 10-026. (Ord. 04-015 § 1(C), 2004). 3.30.130 Capital grants fund. Closed by Ord. 13-015. (Ord. 04-015 § 1(D), 2004). 3.30.140 Barker Road Bridge reconstruction – Federal grant fund. Closed by Ord. 13-015. (Ord. 04-015 § 1(E), 2004). 3.30.150 Parks capital improvement fund. Parks capital improvement fund is hereby cre- ated for the purpose of making capital improve- ments to parks and to purchase and/or lease land for public parks. Revenues result from a transfer from the general fund in the amount of $550,000. Appropriations are authorized in the same amount as shown in Exhibit A of Ordinance 05-018. (Ord. 05-018 § 1(F), 2005). 3.30.160 Service level stabilization reserve fund. Service level stabilization reserve fund is hereby created with a revenue transfer from the general fund in the amount of $1,000,000. Appropriations are authorized as shown in Exhibit A of Ordinance 05-018 as needed to maintain City service levels. (Ord. 05-018 § 1(G), 2005). 3.30.170 (Revised 2/15)3-12.2 3.30.170 Winter weather reserve fund. Winter weather reserve fund is hereby created with a transfer from the general fund in the amount of $500,000. Appropriations are authorized as shown in Exhibit A of Ordinance 05-018 for costs relating to street maintenance including, but not limited to, sanding, snow plowing and de-icing. (Ord. 05-018 § 1(H), 2005). 3.30.180 CenterPlace operating reserve fund. CenterPlace operating reserve fund is hereby created with a transfer from the general fund in the amount of $300,000. Appropriations are autho- rized as shown in Exhibit A of Ordinance 05-018 for unexpected operating costs associated with CenterPlace at Mirabeau Point. (Ord. 05-018 § 1(I), 2005). 3.30.190 Civic building fund. A civic building fund is hereby created for the purposes of purchasing/leasing land, buildings and constructing capital improvements for civic pur- poses. Revenues for 2005 will come from a general fund transfer in the amount of $500,000. Appropri- ations are authorized as shown in Exhibit A of Ordinance 05-018 for capital improvements relat- ing to civic buildings. (Ord. 05-018 § 1(J), 2005). 3.30.200 Street capital projects fund B established. There is hereby established in the City treasury a fund known and designated as “street capital projects fund B” for the purpose of constructing, engineering, purchasing rights-of-way and paying for related capital construction costs. (Ord. 06-014 § 3, 2006). 3.30.210 Street capital improvements 2011+ fund. There is hereby created Fund 311, Street Capital Improvements 2011+, which shall be used only after the city council has been notified and has for- mally approved disbursements. Said improve- ments can only be for city match on capital street projects or on street preservation capital projects, with or without grants from the state or federal government. (Ord. 10-022 § 2, 2010). 3.30.220 Stormwater utility fund. There is hereby established a fund that is to be known as the stormwater utility fund, into which shall be deposited monies received by the City with expenditures authorized as are properly chargeable to the fund pursuant to this chapter. Monies in the fund shall be budgeted and appropriated for pur- poses consistent with the storm and surface water utility including, but not limited to, the planning, designing, acquiring, constructing and maintaining of stormwater control, conveyance and treatment facilities plus reasonably related administrative expenses. (Ord. 08-008 § 12, 2008). 3.30.230 Solid waste fund. There is hereby created Fund 106, solid waste fund, which will be used to account for activities related to solid waste transfer and disposal ser- vices. (Ord. 14-014 § 2, 2014). Spokane Valley Municipal Code 3.35.050 3-13 (Revised 7/07) Chapter 3.35 CONTRACT AUTHORITY Sections: 3.35.005 Definitions. 3.35.010 Contract authority. 3.35.050 Rules and policy. 3.35.005 Definitions. “Change orders and requests for additional work” means a request for additional services where there are changed conditions, a requirement that extra work or service be performed, or such other circumstances that necessitate a modification to the contract. The scope of the work, procure- ment or service may be modified to serve the best interests of the City. Extra work may be ordered by the city manager in order to accomplish the pur- pose and intent of the contract with the City. “City manager” means the city manager or des- ignee. (Ord. 07-004 § 2, 2007). 3.35.010 Contract authority. A. The city manager is authorized to enter into contracts, contract modifications or change orders without city council approval when the aggregate amount of the contract and all contract amend- ments or change orders do not exceed $200,000, except as set forth in subsection C of this section. B. Any contract, contract amendment and/or change order in excess of the city manager’s authority shall require prior approval of the city council. C. On contracts for which prior city council approval is required and received, the city manager shall have authority to execute any amendments or change orders which, when aggregated, are less than 15 percent of the original contract amount, or up to $200,000, whichever is less. D. The finance committee of the city council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the city manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 § 2, 2007; Ord. 03-072 § 2, 2003). 3.35.050 Rules and policy. The city manager may develop rules, policies, and procedures to implement this chapter. (Ord. 07-004 § 2, 2007; Ord. 03-072 § 6, 2003). 3.40.010 (Revised 7/07)3-14 Chapter 3.40 CONTRACT PURCHASES Sections: 3.40.010 Definitions. 3.40.020 Administration. 3.40.040 Competitive bidding – Public works. 3.40.050 Exemptions to competitive bidding requirements. 3.40.060 Prohibited practices. 3.40.070 Disposition of City property. 3.40.010 Definitions. Unless the context requires otherwise, the terms used in this chapter shall have the following mean- ings: “Adequate appropriation balance” means bud- geted funds are still available in the fund budget. “Bid” means an offer submitted by a bidder to furnish services, labor, supplies, materials, goods, equipment and other property in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids or otherwise required by the City. “Bid bond” means a bond or other appropriate security as approved in advance by the City. “Bidder” means a firm or individual who regu- larly maintains a place of business, transacts busi- ness, solicits business or maintains an inventory of merchandise for sale in, and is registered or licensed by, the City. “Bidding” means the procedure used to solicit quotations on price and delivery from prospective suppliers of contractual services, materials, goods, equipment, and other City property, which can be through either a formal or informal competitive bid process. “Capital equipment” means any equipment of the City having an initial value of $5,000 or more and an estimated useful life of three or more years. “City manager” means the city manager or des- ignee. “City property” means any item of real or per- sonal property owned by the City. “Contractual services” means professional and general service contracts to accomplish a particular project or service. “Purchase” means the acquisition of supplies, materials, goods or equipment and other property. “Purchase order” means a document used to authorize the encumbrance of City funds toward the purchase of supplies, materials, goods, equip- ment and other property. “Purchasing agent” means the finance director or designee who will purchase supplies, materials, goods, equipment and other property on behalf of the City. “Requisition” means a standard form providing detailed information as to quantity, description, estimated price, possible vendors, fund account, signature and other information necessary to make purchasing decisions. “Responsible bidder” means a bidder who has proven by experience or information furnished to the satisfaction of the city manager that current financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of supplies of accept- able quality, equipment, or contractual services and who has not violated or attempted to violate any provisions of this policy. (Ord. 07-004 § 3, 2007; Ord. 03-071 § 1, 2003). 3.40.020 Administration. Under direction of the finance director, the pur- chasing procedure shall be administered in accor- dance with this chapter and other applicable laws. The finance director or designee(s) shall have the responsibility to: A. Administer and maintain the purchasing sys- tem according to the rules and regulations estab- lished or authorized by applicable ordinances and statutes. B. Coordinate the negotiation, purchase and disposition of all City supplies, materials and equipment in consultation with City staff. C. Seek to obtain competition by bidding or negotiation on all City purchases. D. Prescribe and maintain such administrative policies, procedures and forms as are reasonably necessary to implement this chapter. E. Coordinate the inspection of all City-pur- chased equipment to assure conformance with specifications. F. Ensure that bidders’ lists, vendors’ catalog files and other records needed for the efficient operation of the purchasing system are maintained. G. Maintain the property inventory and fixed asset systems of the City. H. Determine with appropriate City staff the need for any routine preventive maintenance con- tracts on various pieces of equipment, and to estab- lish and maintain said maintenance contracts. I. Periodically prepare a comprehensive list of surplus, worn out or obsolete City-owned equip- ment. Items which cannot be used or reassigned to another department shall be recommended for dis- Spokane Valley Municipal Code 3.40.050 3-15 (Revised 7/07) posal at a public auction. (Ord. 07-004 § 3, 2007; Ord. 03-071 § 2, 2003). 3.40.040 Competitive bidding – Public works. For public works contracts where the small works process in Chapter 3.50 SVMC is not used, the following competitive bid process shall be used: A. Publication of Notice. Sealed bids shall be invited by a single publication in a newspaper of general circulation at least 15 days before the date and time set for opening such bids, and shall include an estimate of the probable cost, together with a description of the work, and shall state that plans/specifications may be obtained from the City, and include the manner, place, date and time for submitting a bid to the City. The city clerk shall also post notice of the request in a public place. B. Rejection of Bids. The finance director may reject, without cause, any and all bids and may re- advertise for bids pursuant to the procedures herein described. If no bids are received, the finance director may negotiate the purchase with a vendor at the lowest cost possible to the City. C. Performance Bonds. Before entering into a contract, the finance director may require a perfor- mance bond in such amount as is reasonably neces- sary to protect the best interests of the City and to ensure complete, proper, and full performance of the contract. A performance bond shall be required on all public works construction projects, as set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. D. Bid Bonds. The finance director may require as a condition of bidding a bid bond in the amount of five percent of the bid amount. Such bid bond shall be required on all formally bid public works construction projects, and shall be due at such time as the bid is submitted to the City. When the con- tract is let, all bid bonds shall be returned to the bid- ders except that of the successful bidder, which shall be retained until a contract is entered into and a bond to perform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid within 10 days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited. E. Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest responsible bidder. F. Award to Other Than Low Bidder. When the bid award is not given to the lowest responsible bidder, a full and complete statement of the reasons shall be prepared by the finance director and placed in the City file relating to the transaction. (Ord. 07- 004 § 3, 2007; Ord. 03-071 § 4, 2003). 3.40.050 Exemptions to competitive bidding requirements. The following types of purchases are exempt from competitive bidding requirements: A. Sole Source. Purchases which by their nature are not adapted to competitive bidding, such as purchases which are clearly and legitimately limited to a single source, and contracts to repair equipment owned by the City which may be more efficiently accomplished by a certain person or firm with previous experience on the equipment. The city manager shall have previously adopted written policies, which require setting forth the contract and factual basis for this exemption, which must then be recorded with the city clerk and open to public inspection. B. Special Facilities or Market Conditions. Pur- chases involving special facilities or market condi- tions that generally relate to acquisition of unique facilities that may be specially manufactured or not otherwise generally available. Special market con- ditions may require immediate acquisition based upon a favorable offer, including, but not limited to, liquidation sales, public or private party offers and similar circumstances where the acquisition can be obtained at below market value. The city manager shall have previously adopted written pol- icies, which require setting forth the contract and factual basis for this exemption, which must then be recorded and open to public inspection. C. Auction, Closeout, Bankruptcy Sales. If it is determined that supplies, materials, or equipment can be purchased through public auction, closeout sale, bankruptcy sale or other similar sale at a cost below the market cost, the finance director may authorize said purchase(s) up to $200,000. D. Exchanges. The City may by agreement exchange supplies, materials or equipment with other public agencies. E. Interlocal Agreements in Letting of Con- tracts for Commodities, Equipment or Services. The city manager may enter into joint purchase agreements with any and all other public agencies within the state for the purchase of any commodity, equipment or service as permitted by state law, where it is determined by the city manager to be in the best interests of the City. F. Emergency Purchases. In the event that an emergency should arise after office hours, which emergency requires immediate action on the part of 3.40.060 (Revised 7/07)3-16 the City department involved for the protection of the best interests of the City, or should such a situ- ation arise on a Saturday, Sunday or holiday and where it is not possible or convenient to reach the city manager, any necessary purchase shall be made by the City department for which the pur- chase is necessary. The purchase shall be reported to the finance director the next business day. Pub- lication notices may be waived for emergency pur- chases as provided by law. G. Petty Cash. The finance department may maintain a petty cash/change fund of up to $1,500 to help eliminate the issuance of purchase orders and claims vouchers for small items needed imme- diately from vendors not having open purchase orders. No single petty cash purchase shall exceed $100.00. All requests for petty cash funds or reim- bursement of petty expenditures shall be recon- ciled by a receipt or paid invoice, or a completed petty cash form. Reimbursements and reconcilia- tions of petty cash funds shall be made within 30 days of the transaction. No personal checks shall be cashed out of the petty cash fund. H. Real Property. Acquisition of real property is exempt from the competitive bidding require- ments set forth in this chapter. Upon approval of the city council, the city manager may proceed to acquire real property through negotiation. Such negotiations shall be based upon a fair market value appraisal of the property. The City shall not pay more than fair market value for any real prop- erty, except with prior city council approval, or except as may be approved by the Washington State Department of Transportation on behalf of the City for road construction projects. I. Non-public works purchases or contracts for services, and public works purchases less than $50,000. Non-public works purchases or contracts for services, and public works purchases of less than $50,000 are not subject to a formal competi- tive bidding process. At least twice per year, the City shall publish in a newspaper of general circu- lation a notice of the existence of vendor lists for purchases of supplies, materials, goods or equip- ment, and solicit the names of vendors for the lists. The City shall establish by resolution a procedure to ensure that a competitive price is established and for awarding the contracts for the purchases to the lowest responsible bidder as defined in SVMC 3.50.040(C). Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection, and shall be available by tele- phone inquiry. A contract awarded pursuant to this subsection need not be advertised. (Ord. 07-004 § 3, 2007; Ord. 05-031 § 2, 2005; Ord. 03-071 § 5, 2003). 3.40.060 Prohibited practices. The following types of purchasing practices are hereby prohibited and may result in disqualifica- tion of the bid: A. Collusion Among Bidders. Any agreement or collusion among bidders or prospective bidders to either buy or sell or fix prices in restraint of free competition. Such bidders may be subject to exclu- sion from future bidding with the City when deter- mined by the finance director to be in the best interests of the City. B. Disclosure of Formal Bid Contents. Any dis- closure of information contained in the sealed bid prior to bid opening. Notwithstanding anything herein to the contrary, all bids submitted by bidders taking advantage of any information revealed con- trary to this section shall become null and void. C. Gratuities. In accordance with high stan- dards of behavior, the acceptance of any gift or gra- tuity in the form of cash, merchandise or any other thing of value by an official or employee of the City from any vendor or contractor, or prospective vendor or contractor. D. Employee-Owned Businesses. Obtaining City goods or services from businesses in which City officials, employees or their immediate family members have a majority ownership interest or otherwise exceed the “interests” described in Chapter 42.23 RCW. E. Sale of Materials and Supplies. The City acquiring goods or services for any private party, or selling its materials or supplies to City officials, employees, or the public except when said materi- als have been declared surplus and disposed of as provided herein. (Ord. 07-004 § 3, 2007; Ord. 03- 071 § 6, 2003). 3.40.070 Disposition of City property. City property shall be disposed of in the follow- ing manner: A. Definition. “City property” as defined herein means any property or equity interest in real or per- sonal property held or owned by the City. B. Surplus Property. The decision to declare property surplus shall rest solely with the city council. Upon recommendation of the finance director, the city council may declare property sur- plus upon one or more of the following criteria: 1. The City has or anticipates no practical, efficient, or appropriate use for the property. Spokane Valley Municipal Code 3.40.070 3-17 (Revised 7/07) 2. The purpose served by the property can be accomplished by use of a better, less costly, or more efficient alternative. 3. The purpose served by the property no longer exists as determined by a change of policy or practice. 4. The property is damaged, inoperable or obsolete and the cost of repairing the same is uneconomical or impractical. C. Sale of Property. Following passage of a res- olution by the city council declaring property sur- plus, the finance director is authorized to sell surplus property in the following manner: 1. Upon a finding by a department director that the property is surplus to City use, the finance director shall provide notice of potential disposi- tion to other City departments. If any department director desires to acquire and use the proposed surplus property, the property may be transferred to the requesting department director, or other authorized representative. 2. If no request for use of proposed surplus property is received, the finance director may pro- ceed to dispose of the same by public auction, bid, or other method of sale on terms deemed to be in the best interests of the City. 3. Surplus personal property which is unsell- able because of obsolescence, wear and tear, or other reasons may be dismantled, if necessary, and sold as scrap. Surplus personal property which has no marketable value or use may be discarded as refuse. 4. If the proposed surplus property is real property, notice of the proposal to declare the same surplus shall be given to the city council. 5. If the city council declares the real prop- erty as surplus, the finance director shall secure a market value appraisal of the property and proceed to sell the same by public auction or through the formal bidding procedures the city manager deems to be in the best interests of the City. D. Trade of Real Property. Real property may be traded under the following conditions: 1. If the finance director determines that the disposal of real property declared surplus under this section could realize greater benefit to the City through consideration other than cash, the finance director may invite prospective purchasers to ten- der consideration of cash and property. Upon receipt of a bid tendering consideration in kind, and prior to accepting such bid, the finance director shall make a report setting forth the benefits of such a transaction. This report shall be made to the city council at a regular council meeting and the report shall be open to public inspection. 2. Before accepting any bid containing in- kind consideration, an adequate appraisal must have been made by a qualified independent appraiser. 3. If the city council finds that the bid con- taining the in-kind consideration has more value or benefit to the City than any other bid submitted, the finance director may accept the bid containing in- kind consideration. E. Lease of Public Property. When specifically provided for in the City budget, the city manager may authorize the lease or sublease of any prop- erty, including real property, under such terms and conditions as the city manager may deem desir- able, fair and appropriate, either by use of negotia- tions or bidding in the best interests of the City. Leases of real property shall not be granted for a period of more than five years, unless otherwise authorized by the city council. (Ord. 07-004 § 3, 2007; Ord. 03-071 § 7, 2003). 3.45.005 (Revised 7/07)3-18 Chapter 3.45 ARCHITECTURAL AND ENGINEERING SERVICES Sections: 3.45.005 Definitions. 3.45.010 Architectural and engineering services. 3.45.020 Procurement of architectural and engineering services. 3.45.030 Emergency and limitation. 3.45.005 Definitions. “Architectural and engineering services” means professional services rendered by any person, other than as an employee of the City, contracting to per- form activities within the scope of the general def- inition of “professional practice” in Chapter 18.08, 18.43, or 18.96 RCW. “City manager” means the city manager or des- ignee. “Consultant” means any person providing pro- fessional services who is not an employee of the agency for which the services are provided. “Person” means any individual, organization, group, association, partnership, firm, joint venture, corporation, or any combination thereof. (Ord. 07- 004 § 4, 2007). 3.45.010 Architectural and engineering services. Annually, or in response to specific projects or work as set forth below, the City shall encourage, through notice published in a newspaper of general circulation, architectural and engineering firms to submit a statement of qualifications and perfor- mance data which can be used to select firms that provide services to the City. The qualifications and data shall be maintained in the office of the city clerk and be available for public inspection. (Ord. 07-004 § 4, 2007; Ord. 22 § 1, 2003). 3.45.020 Procurement of architectural and engineering services. A. For contracts up to $100,000, the City may choose to only select firms from the list, as stated under SVMC 3.45.010, based on the information that has been submitted in response to the annual publication. B. For contracts over $100,000, the City shall, at least 15 days prior to contracting for architec- tural or engineering services, publish a notice stat- ing the specific project or scope of work or announce generally the category or type of profes- sional services required. The notice shall contain the name and address of a City representative who can provide information and details on the request for qualifications or request for proposal. C. The City shall review the current statements of qualifications on file with the city clerk, and/or the statements submitted in response to the notice as may be required by subsections A and B of this section, and shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods for furnish- ing the requested services. The City may request interviews and presentations from firms. D. The City shall select the most highly quali- fied firm to provide the services based upon the cri- teria set forth below and in the request. The evaluation criteria includes: 1. The ability of the firm to provide the requested services; 2. The scope of work or methods to furnish the services; 3. Qualifications, experience and references; 4. Performance under previous contracts with the City; and 5. Such other information as deemed rele- vant. After identification of the most highly qualified firm, the City shall request a fee proposal from the firm and thereafter proceed to negotiate a contract at a price which is determined by the City to be fair and reasonable. In making this determination the City shall evaluate the estimated value of the ser- vices, the scope, complexity and nature of the request. If the City is unable to negotiate a fair and reasonable price for services, negotiations shall be terminated and another firm shall be selected in accordance with the above process. E. When the parties have reached a fair and rea- sonable price, and depending upon the amount of the contract, the city council or city manager shall review the contract for authorization. During the negotiation process the selected firm shall not con- tact any member of the city council to discuss the fee for services unless otherwise authorized. The City reserves the right to cancel any request for qualifications or proposals. The request shall not be deemed an offer of contract nor shall any firm be entitled to recover any cost associated with preparing a response. (Ord. 07-004 § 4, 2007; Ord. 22 § 2, 2003). Spokane Valley Municipal Code 3.50.030 3-19 (Revised 2/10) 3.45.030 Emergency and limitation. Nothing contained herein shall limit or prevent the City from procuring architectural or engineer- ing services in the event of an emergency. This chapter shall be expressly limited to the profes- sional services identified herein. (Ord. 07-004 § 4, 2007; Ord. 22 § 3, 2003). Chapter 3.50 SMALL WORKS ROSTER Sections: 3.50.010 Small works roster. 3.50.020 Creation of separate rosters. 3.50.030 Maintenance of roster. 3.50.040 Use of roster. 3.50.010 Small works roster. The city clerk shall maintain a small works ros- ter comprised of contractors who (1) have requested to be on the roster, and (2) are properly licensed or registered to perform contracting work in the state of Washington. The small works roster may be used in lieu of formal sealed competitive bid procedures to award contracts for public work where the estimated cost of the work is $300,000 or less. The small works roster is created and main- tained pursuant to the laws of the state of Washing- ton as now enacted or hereafter amended. (Ord. 09- 016 § 2, 2009; Ord. 07-004 § 5, 2007; Ord. 11 § 1, 2002). 3.50.020 Creation of separate rosters. The City may elect to establish small works ros- ters for different specialties or categories of antici- pated work with such rosters making distinctions between contractors based upon such specialties or work. (Ord. 07-004 § 5, 2007; Ord. 11 § 2, 2002). 3.50.030 Maintenance of roster. The small works roster shall be maintained as follows: A. At least once per year, the City shall publish in a newspaper of general circulation a notice of the existence of the small works roster(s) soliciting the names of contractors for such roster(s). The City shall place on the small works roster(s) the names of qualified contractors who respond to the pub- lished notice with a request to be included on the roster(s). Thereafter, the City shall add to the ros- ter(s) the names of contractors who submit a writ- ten request and appropriate records. B. In order to be included on the roster, the con- tractor shall supply information on a contractor qualification form developed by the City. The con- tractor qualification form shall include, at a mini- mum, the name, address, e-mail address and phone number of the contractor, the contractor’s Wash- ington registration number, the contractor’s insur- ance company, the contractor’s bonding company 3.50.040 (Revised 2/10)3-20 and the contractor’s area or areas of work. (Ord. 07-004 § 5, 2007; Ord. 11 § 3, 2002). 3.50.040 Use of roster. A. The City may utilize the small works roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies and equipment of $300,000 or less. B. Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to ensure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in subsection C of this section. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. Quotations shall be invited from all appropriate contractors on the appropriate small works roster. C. When awarding a contract for work from the small works roster, the City shall award the con- tract to the lowest responsible bidder; provided, however, the City reserves the right under applica- ble law to reject any or all bids and to waive proce- dural irregularities in the bid or bidding process. In addition to price, the City shall take into account the following when determining the “low- est responsible bidder”: 1. The ability, capacity and skill of the bid- der to perform the contract or provide the service required; 2. The character, integrity, reputation, judg- ment, experience, and efficiency of the bidder; 3. Whether the contractor can perform the required work within the time specified by the City; 4. Quality of the contractor’s performance under previous contracts with the City or other governmental entity; and 5. The previous and existing compliance by the contractor with laws relating to contracts or ser- vices with the City. D. The City may receive bids telephonically, in writing or electronically. The time and date of receipt shall be recorded to ensure all bids are pre- sented in a timely fashion for review and consider- ation. After expiration of the time and date for submission of all bids or quotations, the city man- ager shall review the same and either offer a con- tract to perform the public work or submit the same to the city council for authorization. E. The City shall post a list of the contracts awarded under this chapter at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these con- tracts are available for public inspection. F. A contract awarded from a small works ros- ter under this chapter need not be advertised in a legal newspaper of general circulation. (Ord. 09- 016 § 3, 2009; Ord. 07-004 § 5, 2007; Ord. 11 § 4, 2002). Spokane Valley Municipal Code 3.60.010 3-20.1 (Revised 8/09) Chapter 3.55 PAYMENT OF CLAIMS AGAINST CITY Sections: 3.55.010 Payment of claims or obligations of the City. 3.55.010 Payment of claims or obligations of the City. Pursuant to RCW 35A.40.020, payment of claims or obligations of the City shall be by check. The qualified public depository, whereon such checks are to be drawn, or other financial institu- tion, shall be established by separate resolution of the City council. The City council shall establish by resolution three designated council members and those City officers who are authorized to make payments on claims or obligations of the City, and make all appropriate transfers related thereto. (Ord. 09-011 § 2, 2009; Ord. 03-074 § 1, 2003; Ord. 3 § 1, 2002). Chapter 3.60 FEES FOR CITY SERVICES Sections: 3.60.010 Fees established. 3.60.010 Fees established. In addition or as a modification of any fees established through other City ordinances, the City may establish or amend fees and charges by reso- lution for services provided by City employees, consultants or other individuals or firms under con- tract with the City. (Ord. 38 § 1, 2003). (Revised 8/09)3-20.2 This page intentionally left blank. Spokane Valley Municipal Code 3.65.010 3-20.3 (Revised 2/10) Chapter 3.65 CABLE CODE Sections: 3.65.010 Definitions. 3.65.020 General provisions. 3.65.030 Nonexclusivity. 3.65.040 Franchise issuance. 3.65.050 Fee. 3.65.060 Competitive equity. 3.65.070 Taxes. 3.65.080 Cable system specifications. 3.65.090 Cable service. 3.65.100 Programming. 3.65.110 Rates. 3.65.120 PEG and local programming. 3.65.130 Institutional network connections. 3.65.140 Parental control. 3.65.150 Recovery of costs. 3.65.160 Least interference. 3.65.170 Construction standards. 3.65.180 Restoration after construction. 3.65.190 Obstruction permits required. 3.65.200 Emergency response. 3.65.210 Hazardous substances. 3.65.220 Environmental. 3.65.230 Movement and relocation of facilities. 3.65.240 Tree trimming. 3.65.250 Vacation. 3.65.260 Abandonment of grantee’s facilities. 3.65.270 Maps, books, and records. 3.65.280 Reports. 3.65.290 Customer service standards. 3.65.300 Cable advisory board. 3.65.310 City ordinances and regulations. 3.65.320 Indemnification. 3.65.330 Insurance. 3.65.340 Performance bond. 3.65.350 Remedies to enforce compliance. 3.65.360 Liquidated damages. 3.65.370 Hearings. 3.65.380 Revocation. 3.65.390 Conditions of sale. 3.65.400 Transfer of rights. 3.65.010 Definitions. For the purpose of this chapter, the following words and terms shall have the meanings set forth below: “Basic cable service” shall mean any service tier which includes the lawful retransmission of local television broadcast signals and any public, educa- tional, and governmental access programming required by a franchise agreement to be carried on the basic tier. “Cable Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Tele- vision Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any amendments thereto. “Cable advisory board” shall mean a City or regional cable advisory board as established by ordinance or interlocal agreement. “Cable service” or “service” shall mean (A) the one-way transmission to subscribers of video pro- gramming or other programming service; and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. “Cable system” or “system” shall mean a facil- ity consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term shall not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) A facility that serves only subscribers without using any public right-of-way; (3) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 USC 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand ser- vices; (4) An open video system that complies with 47 USC 573; or (5) Any facilities of any electric utility used solely for operating its electric utility system. For the purpose of a franchise, “cable system” shall mean a grantee’s cable facilities servicing the City. “Channel” shall mean a portion of the electro- magnetic frequency spectrum which is used in a cable system and which is capable of a television channel, as “television channel” is defined by the FCC. “City” means the City of Spokane Valley, a Washington municipal corporation. “City manager” means the city manager or des- ignee. 3.65.010 (Revised 2/10)3-20.4 “Complaint” shall mean a subscriber contact with a grantee to express a grievance or dissatisfac- tion concerning cable service. Complaints do not include matters not within the scope of a franchise agreement. A complaint may be verbal or in writ- ing, but need not include initial contacts where an issue is promptly resolved to the subscriber’s satis- faction. “Construction” or “construct” shall mean dig- ging, excavating, laying, extending, upgrading, removing, and replacing of a facility. “Facility” or “facilities” means all of the plant, equipment, fixtures, appurtenances, and other related property necessary to furnish and deliver cable television services, including but not limited to wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, and attachments, necessary or incidental to the dis- tribution and use of cable television services. “FCC” shall mean the Federal Communications Commission or any legally appointed or desig- nated agent or successor. “Franchise” shall mean the nonexclusive right and authority to construct, maintain, and operate a cable system through use of public rights-of-way in the City pursuant to a contractual agreement approved by the city council, and executed by the City and a grantee. “Franchise area” shall mean the entire geo- graphic area within the City as it is now constituted or may in the future be constituted. “Grantee” shall mean any person or corporation granted a franchise under this chapter. “Gross revenues” means all revenue derived directly or indirectly by a grantee, or by a grantee’s affiliates, from the operation of a grantee’s cable system to provide cable services in the franchise area. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscrib- ers for cable services including basic service and all other tiers of cable service; pay-per-view ser- vice; cable service installation, disconnection, change-in-service and reconnection fees, leased access channel fees, late fees, payments received by a grantee from programmers for carriage of cable services on the cable system and recognized as revenue under generally accepted accounting principles (“GAAP”), revenues from rentals of cable system equipment such as converters; adver- tising revenues (including local, regional, and a pro rata share of national advertising carried on the cable system in the franchise area) net of commis- sions due to advertising agencies that arrange for the advertising buy and as recognized as revenue under GAAP; additional outlet fees, franchise fees, and revenues from home shopping channels. Gross revenues shall not include (A) bad debt; provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected; (B) any capital contribution referenced in SVMC 3.65.120(H); (C) any payments by the City to a grantee for I-Net maintenance or expansion; or (D) any taxes on services furnished by a grantee which are imposed directly on any subscriber or user by the state, City or other governmental unit and which are collected by a grantee on behalf of said governmental unit. The franchise fees are not such a tax and are therefore included in gross revenues. “Lockout device” shall mean an optional mechanical or electrical accessory to a subscriber’s terminal which inhibits the viewing of a certain program, certain channel, or certain channels pro- vided by way of the cable system. “Maintenance” or “maintain” shall mean repair, restoration, replacement, renovation and testing of the cable system or components thereof so as to ensure that it operates in a safe and reliable manner and as required by this chapter. “Noncommercial” shall mean, in the context of PEG channels, that products and services are not sold via the PEG channel. The term will not be interpreted to prohibit a PEG channel operator or programmer from independently (i.e., not in the context of any televised programming) soliciting and receiving financial support to produce and transmit video programming on a PEG channel, or from acknowledging a contribution, in the manner of the corporation for public broadcasting. A PEG channel operator or programmer may cablecast informational programming regarding City events, projects and attractions of interest to residents so long as the format for such programming is consis- tent with the purposes for which PEG resources may be used. “Normal business hours” shall mean those hours during which most similar businesses in the City are open to serve customers. In all cases, “normal business hours” must include some evening hours, at least one night per week and/or some weekend hours. “Normal operating conditions” shall mean those service conditions which are within the control of grantee. Those conditions which are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power out- ages, telephone network outages, and severe weather conditions. Those conditions which are Spokane Valley Municipal Code 3.65.040 3-20.5 (Revised 2/10) ordinarily within the control of a grantee include, but are not limited to, special promotions, pay-per- view events, rate increases, regular peak or sea- sonal demand periods, and maintenance or upgrade of the cable system. “PEG” shall mean any channel set aside for pub- lic use, educational use, or governmental use with- out a channel usage charge. “Person” shall mean an individual or legal entity, such as a corporation or partnership. “Premium service” shall mean pay television offered on a per channel or per program basis. “Public property” shall mean any real estate or any facility owned by the City. “Public works director” shall mean the Spokane Valley public works director or his/her designee. “Right-of-way” shall mean all property, and the space above and below, in which the City has any form of ownership, title, or interest, including ease- ments and adjacent utility strips, which is held for public roadway or dedicated for compatible utility purposes, regardless of whether or not any road- way or utility exists thereon or whether it is used, improved or maintained for public use. “Service interruption” shall mean the loss of picture or sound on one or more cable channels. “Service tier” shall mean a specific set of cable services which are made available as, and only as, a group for purchase by subscribers at a separate rate for the group. “Standard installation” shall mean those that are located up to 125 feet from the existing distribution system. Grantee shall comply with applicable FCC regulations regarding commercial installations as may now or hereafter arise. “Subscriber” shall mean any person who law- fully receives cable service via the system. “Video programming” shall mean programming provided by, or generally considered comparable to programming provided by, a television broad- cast station. (Ord. 09-030 § 3, 2009). 3.65.020 General provisions. A. It is unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this chapter, except as may be otherwise pro- vided by state or federal law. The council may, by ordinance, award a nonexclusive franchise to con- struct, operate and maintain a cable communica- tions system within all or any portion of the City to any person, whether operating under an existing franchise or not, who makes application for author- ity to furnish a cable communications system which complies with the terms and conditions of this chapter; provided, that this section shall not be deemed to require the grant of a franchise to any particular person or to prohibit the council from restricting the number of franchisees should it determine such a restriction would be in the public interest. Any franchise for the construction, main- tenance and operation of cable television systems using the public streets, utility easements, other public rights-of-way or places shall conform gen- erally to the provisions of this chapter, except as may be otherwise set forth in the ordinance grant- ing such franchise. B. The provisions of this chapter may be incor- porated by specific reference in any franchise agreement approved under this chapter. However, in the event of any conflict or ambiguity arising between the provisions of any franchise agreement and those of this chapter, the provisions of the fran- chise agreement shall prevail. (Ord. 09-030 § 4, 2009). 3.65.030 Nonexclusivity. The grant of authority for use of the City’s rights-of-way under this chapter is not exclusive and does not establish priority for use over other franchise holders, permit holders and the City’s own use of public property. Nothing in any fran- chise agreement made under this chapter shall affect the right of the City to grant to any other per- son a similar franchise or right to occupy and use the rights-of-way or any part thereof. (Ord. 09-030 § 5, 2009). 3.65.040 Franchise issuance. Prior to the granting of a franchise, the city council shall conduct a public hearing to determine the following: A. Initial Franchise. 1. That the public will be benefited by the granting of a franchise to the applicant; 2. That the applicant has the requisite finan- cial and technical resources and capabilities to build, operate and maintain a cable television sys- tem in the area; 3. That the applicant has no conflicting inter- ests, either financial or commercial, which will be contrary to the interests of the City; 4. That the applicant will comply with all terms and conditions placed upon a franchisee by this chapter; 5. That the applicant is capable of complying with all relevant federal, state, and local regula- tions pertaining to the construction, operation and 3.65.050 (Revised 2/10)3-20.6 maintenance of the cable facilities and systems incorporated in its application for a franchise; 6. That the public rights-of-way have the capacity to accommodate the cable communica- tions system; 7. That the applicant is capable of meeting buildout threshold requirements as specified in SVMC 3.65.090; 8. That the proposed franchise is consistent with the City’s present and future use of the public rights-of-way to be used by the cable communica- tions system; 9. That the benefit to the public from the cable communications system outweighs the potential disruption to existing users of the public rights-of-way to be used by the cable communica- tions system and the resultant inconvenience which may occur to the public; and 10. That all other conditions resulting from the grant of the franchise have been considered by the City and that the City determines that the grant is still in the public’s best interest. B. Renewal Franchise. 1. That the applicant has complied with the terms and conditions of the existing franchise; 2. That the quality of the applicant’s previ- ous service has been reasonable in light of commu- nity needs; 3. That the applicant’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meet- ing such needs and interests; 4. That all other conditions resulting from the grant of the franchise have been considered by the City and that the City determines that the grant is still in the public’s best interest. (Ord. 09-030 § 6, 2009). 3.65.050 Fee. A. In all franchises made under this chapter, the grantee shall pay to the City five percent of its annual gross revenues in the City, pursuant to 47 USC 542, throughout the full term of the franchise agreement. Payment shall be due no later than 30 days from the end of each calendar quarter, after which interest shall accrue at the rate of one per- cent per month. In the event all or a portion of the franchise fee has not been paid within 60 days of the end of each calendar quarter, a penalty in the amount of 10 percent of the delinquent amount shall be added to the outstanding amount. All fran- chise fees, interest and penalties shall constitute a debt of the City and may be collected by any means allowed under the law. B. No acceptance by the City of any payment from grantee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of the franchise agreement. All amounts paid shall be subject to auditing and recomputation by the City. C. Grantee acknowledges and agrees that the franchise fees payable by grantee to City pursuant to a franchise agreement, as well as capital support provided by grantee for PEG equipment and facil- ities, are authorized under the Federal Cable Act and shall not be deemed to be in the nature of a fed- eral, state or local tax. D. Franchise Fees Subject to Audit. Upon rea- sonable prior written notice, during normal busi- ness hours, at the grantee’s principal business office, the City shall have the right to inspect the grantee’s financial records used to calculate the City’s franchise fees. The City shall provide to the grantee a final report setting forth the City’s find- ings in detail, including any and all substantiating documentation. In the event of an alleged under- payment, the grantee shall have 30 days from the receipt of the report to provide the City with a writ- ten response agreeing to or refuting the results of the audit, including any substantiating documenta- tion. Grantee shall review and the City shall be entitled to review grantee’s historical financial records used to calculate the City’s franchise fees consistent with the currently applicable state stat- ute of limitations. E. Failure to comply with this section, except alleged underpayments under subsection D of this section, shall constitute a material breach of the franchise agreement pursuant to SVMC 3.65.380. (Ord. 09-030 § 7, 2009). 3.65.060 Competitive equity. A. The City reserves the right to grant more than one franchise. The City shall amend a fran- chise, as requested by the grantee, if it grants addi- tional cable service franchises or similar multiple channels of video programming authorizations that contain material terms or conditions which are sub- stantially more favorable or less burdensome to the competitive entity than the material terms and con- ditions contained in a previously granted franchise. A word-for-word identical franchise or authoriza- tion for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent, taking into account any difference in the number of subscribers served, Spokane Valley Municipal Code 3.65.090 3-20.7 (Revised 2/10) the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. B. Notwithstanding any provision to the con- trary, at any time prior to the commencement of a grantee’s 36-month renewal window, provided by Section 626 of the Cable Act, that a nonwireless- facilities-based entity, legally authorized by state or federal law, makes available for purchase by subscribers or customers cable services or multiple channels of video programming within the fran- chise area without a franchise or other similar law- ful authorization granted by the City, then a grantee shall have a right to request franchise amendments that relieve the grantee of regulatory burdens that create a competitive disadvantage to the franchi- see. In requesting amendments, the grantee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. C. In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify the grantee. (Ord. 09-030 § 8, 2009). 3.65.070 Taxes. As is consistent with applicable law, nothing contained in any franchise agreement granted under this chapter shall be construed to except the grantee from any applicable tax, liability or assess- ment authorized by law. (Ord. 09-030 § 9, 2009). 3.65.080 Cable system specifications. A. Prior to entering into a franchise agreement, and during the term of the franchise agreement, the grantee’s cable system shall meet or exceed the fol- lowing specifications: hybrid fiber coaxial, fiber- to-the-node system architecture, with fiber-optic cable deployed from the headend to the node and coaxial cable deployed from the node to subscrib- ers’ homes. Active and passive devices capable of passing a minimum of 750 MHz and capable of delivering high-quality analog or digital video sig- nals meeting or exceeding FCC technical quality standards. Cable system nodes designed for future segmentation as necessary to maximize shared bandwidth. B. A grantee shall comply with all applicable technical standards of the FCC as published in sub- part K of 47 CFR 76. To the extent those standards are altered, modified, or amended during the term of the franchise agreement, the grantee shall com- ply with such altered, modified or amended stan- dards within a reasonable period after such standards become effective. The City shall have, upon written request, the right to review tests and records required to be performed pursuant to the FCC’s rules. C. In accordance with applicable law, the City shall have the right to regulate and inspect the con- struction, operation and maintenance of the cable system in the public rights-of-way. Upon reason- able prior written notice and in the presence of the grantee’s employee, the City may review the cable system’s technical performance as necessary to monitor the grantee’s compliance with the provi- sions of the franchise agreement. All equipment testing under a technical performance review shall be conducted by the grantee. (Ord. 09-030 § 10, 2009). 3.65.090 Cable service. A. Subject to the density considerations listed below, except in areas reserved for public travel or utility access not yet opened and accepted by the City as public right-of-way that the grantee is spe- cifically and lawfully prohibited from deploying its cable system by the owner/developer, the grantee shall provide cable service as follows: 1. A new entrant grantee shall commence construction within 120 days of the granting of a franchise. The city council may grant an extension thereof for good cause shown; provided, however, that formal application for such an extension must be filed by the grantee within the 120-day period. 2. A new entrant grantee shall begin provid- ing service to subscribers within 240 days of the granting of a franchise. 3. A new entrant grantee shall have com- pleted buildout within all areas of the city within 36 months of the granting of a franchise. The city council may grant an extension thereof for good cause shown; provided, however, that formal application for such an extension must be filed by the grantee within the 36-month period, and the maximum extension allowable is up to six addi- tional months. 4. Areas subsequently annexed shall be pro- vided with cable service within 12 months of the time of annexation. 3.65.100 (Revised 2/10)3-20.8 5. Failure to comply with these buildout requirements shall result in revocation of the fran- chise by the city council. B. Access to cable service shall not be denied to any group of potential cable subscribers because of the income of the potential cable subscribers or the area in which such group resides. All residents requesting cable service and living within a stan- dard installation of 125 feet shall have the cable installed at no more than the prevailing published installation rate. In the event a request is made for cable service and the residence is more than a stan- dard installation of 125 feet, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond 125 feet. C. Upon request through the designated City representative, the grantee shall provide, without charge and throughout the term of the franchise agreement, one outlet, one converter, if necessary, and basic cable service and expanded basic cable service (i.e., together the equivalent of 60 channels of programming) or the future analog or digital equivalent of such service tiers offered by grantee to the City’s administrative buildings as designated by the City, fire station(s), police station(s), librar- ies and state accredited K-12 public and private school(s). 1. If the drop line to such building exceeds a standard installation drop of 125 feet, the grantee will accommodate the drop up to 300 feet if the City or other agency provides the necessary attach- ment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the City or other agency agrees to pay the incremental cost of such drop in excess of 125 feet or the necessary distribution line extension of the cable system, including the cost of such excess labor and materials. The recipient of the ser- vice will secure any necessary right of entry. 2. The cable service will not be used for commercial purposes, and the outlets will not be located in areas open to the public, excepting one outlet to be located in a public lobby of any govern- ment building that will be used by the public for viewing public, governmental, or educational access channels. The City will take reasonable pre- cautions to prevent any use of the grantee’s cable system in any manner that results in inappropriate use, loss or damage to the cable system. Grantee hereby reserves all rights it may have under the law to seek payment from City for liability or claims arising out of the provision and use of the cable ser- vice required by this section. 3. If additional outlets of cable service are provided to such buildings, the building occupant will pay the usual installation fees, if any. D. Grantee shall extend the system to any por- tion of the City, after the date of the franchise agreement, when dwellings can be served by extension of the system past dwellings equivalent to a density of seven dwellings per one-quarter mile of cable contiguous to the system. Grantee may petition the City for a waiver of this require- ment, such waiver to be granted for good cause shown. Such extension shall be at grantee’s cost. In areas not meeting the requirements of seven or more dwellings per one-quarter mile for mandatory extension of service, grantee shall provide, upon the request of any potential subscribers desiring service, an estimate of the costs required to extend service to such subscribers. Grantee shall then extend service upon request and upon payment of an amount equal to the reasonable value of actual time and materials to be incurred by grantee for such extension. Any customer drop not exceeding a standard installation drop of 125 feet will be free of charge to the customer other than normal instal- lation fees. For drops in excess of 125 feet, grantee may assess an amount equal to time and materials. (Ord. 09-030 § 11, 2009). 3.65.100 Programming. A. All final programming decisions remain the discretion of grantee in accordance with a franchise agreement made under this chapter; provided, that grantee notifies City and subscribers in writing 30 days prior to any channel additions, deletions, or realignments, and further subject to grantee’s sig- nal carriage obligations hereunder and pursuant to 47 USC 531 through 536, and further subject to City’s rights pursuant to 47 USC 545. B. A grantee shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available: 1. Educational programming; 2. News, weather and information; 3. Sports; 4. General entertainment including movies; 5. Children, family-oriented; 6. Arts, culture and performing arts; 7. Foreign language programming; and 8. Science/documentary. C. A grantee shall offer to all subscribers a diversity of video programming services and it will not eliminate any broad categories of programming without first obtaining the written approval of the Spokane Valley Municipal Code 3.65.120 3-20.9 (Revised 2/10) City, such approval not to be unreasonably with- held. D. A grantee shall notify in writing the City of its intent to eliminate any broad category of pro- gramming noted in subsection B of this section. The City, or its designee, shall make a determina- tion on such request not later than 60 days after receipt of the request by grantee. In the event that the City makes an adverse determination, such determination shall be in writing, along with a con- cise statement of the reasons therefor. In the event the City fails to make a determination within 60 days after receipt of a request from grantee, grantee shall have the right to make the deletion contained in its written request. (Ord. 09-030 § 12, 2009). 3.65.110 Rates. A. Throughout the term of any franchise agree- ment made under this chapter and upon request by the City, the grantee shall provide an updated rate card to the City that details applicable rates and charges for cable services provided under the fran- chise agreement. This does not require the grantee to file rates and charges under temporary reduc- tions or waivers of rates and charges in conjunction with promotional campaigns. B. A grantee shall provide a minimum of 30 days’ written notice to the City and each subscriber before changing any rates and charges. C. City may regulate rates for the provision of cable service provided over the system in accor- dance with applicable federal law, in particular 47 CFR Part 76, subpart N. In the event the City chooses to regulate rates, it shall, in accordance with 47 CFR 76.910, obtain certification from the FCC, if applicable. The City shall follow all appli- cable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future cable services to the maximum extent allowed by law. (Ord. 09-030 § 13, 2009). 3.65.120 PEG and local programming. A. Any grantee shall make available one full- time noncommercial multi-jurisdictional PEG channel (the “government channel”) for future activation and joint use by the City, the city of Spo- kane and/or Spokane County for governmental access programming. The City shall provide grantee with a minimum of 45 days’ prior written notice of an initial meeting to develop an imple- mentation plan for activation of the government channel. B. Commencing on the effective date of a fran- chise granted under this chapter, and throughout the term of the franchise, grantee shall deliver those PEG channels with whom the City has con- tracted for service, up to a maximum of six chan- nels. Grantee shall continue to deliver those PEG channels so long as the City’s contracts are valid and the PEG channels have content to distribute. The City shall provide copies of all PEG channel contracts, and contract renewals, to grantee within 30 days of execution. C. The grantee will endeavor to provide the subscribers in the franchise area with the other regional PEG channels so long as the PEG pro- grammers offer them for use on the cable system. D. All PEG channels provided to subscribers under a franchise made pursuant to this chapter shall be included by grantee subject to applicable law. For all PEG channels not under grantee’s con- trol, grantee shall ensure that there is no material degradation in the signal that is received by grantee for distribution by grantee over the cable system. E. The City shall be responsible for all pro- gramming requirements for the government chan- nel, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair, unless responsibility for administering the government channel has been designated to a third party, which shall then become responsible for all programming requirements under this section. F. The grantee shall provide the PEG channels as part of the cable service provided to any sub- scriber, at no additional charge. If channels are selected through a menu system, the PEG channels shall be displayed as prominently as commercial programming choices offered by grantee. A grantee will use reasonable efforts to minimize the movement of City-designated PEG channel assign- ments and maintain common channel assignments for compatible PEG programming. G. At such time as a grantee converts its basic cable service tier from an analog to a digital for- mat, the City’s PEG channels will be carried on the digital platform and grantee shall install, at its sole cost, such headend equipment to accommodate such channels. Such PEG channels shall be accessed by subscribers through use of standard digital equipment compatible with grantee’s cable system. H. Grantee will remit to the City as a capital contribution in support of PEG capital require- ments an amount equal to $0.35 per subscriber per 3.65.130 (Revised 2/10)3-20.10 month to be paid to the City on a quarterly basis for the life of the franchise. The City shall allocate all amounts under this subsection to PEG capital uses exclusively. Grantee shall not be responsible for paying the PEG capital contribution with respect to gratis or bad debt accounts. Consistent with 47 CFR 76.922, grantee may, in its sole discretion, add the cost of the PEG capital contribution to the price of cable services and collect the PEG capital contribution from subscribers. In addition, consistent with 47 CFR 76.985, all amounts paid as the PEG capital contribution may be separately stated on subscrib- ers’ bills as a City of Spokane Valley PEG capital contribution. Upon grantee’s written request and due as agreed upon by both parties, the City shall provide the grantee with documentation showing expenditures for PEG capital use of the previous fiscal years’ PEG capital contribution and showing the budgeted use of the current year’s PEG fund- ing. In the event the City cannot demonstrate that PEG capital funding was used or budgeted for PEG capital needs, grantee’s PEG funding obligations going forward shall be reduced by an equivalent amount. I. Within 90 days of request, the grantee shall provide an estimate of costs associated with the construction and activation of one return path capa- ble of transmitting video programming to enable the distribution of the City’s specific government access programming to subscribers on the multi- jurisdictional PEG channel. The return line shall run from a location to be determined by the City to the grantee’s facilities. Within 270 days of the City’s directive, the grantee shall construct and activate a return line in accordance with the cost estimate previously provided. The City agrees to pay the costs of the return line within 60 days of construction/activation and receipt of an invoice from the grantee. (Ord. 09-030 § 14, 2009). 3.65.130 Institutional network connections. Upon request of the City, a grantee shall inves- tigate and provide the City a plan with a cost esti- mate based on either a managed network or the most cost-efficient connection utilizing current technology to accommodate the City’s reasonable broadband capacity needs for a noncommercial connection between the City’s facilities. For the purposes of this section, “noncommercial” means private network communications from and among the City and other public agencies and excludes leasing or reselling the broadband capacity to a third party for any purpose. After receiving a request from the City, grantee shall provide the City a plan, including an estimate of the construc- tion costs, within 90 days. The cost estimate shall include the fully allocated construction cost from the nearest grantee-identified fiber access location to the requested site(s), including, but not limited to, site construction, fiber, labor, materials and grantee-provided equipment. The City shall pay all of grantee’s design engineering costs associated with development of the requested plan and cost estimate(s), if the City does not accept the plan for construction. To approve the grantee to perform the work, the City shall provide the grantee with written authorization to complete the connectivity construction and a purchase order in the amount of the cost estimate. Any connectivity construction shall be performed and completed within six months after the City authorizes the work to be per- formed, unless the parties agree in writing to a dif- ferent completion date prior to commencement of the work in order to accommodate special consid- erations of the City. (Ord. 09-030 § 15, 2009). 3.65.140 Parental control. A. A grantee shall provide subscriber con- trolled lockout devices (audio and visual) at a rea- sonable charge to subscribers upon their request. B. As to any program which is transmitted on a channel offered on a per channel or per program basis, grantee shall block entirely the audio and video portion of such program from reception by any subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this provision. (Ord. 09-030 § 16, 2009). 3.65.150 Recovery of costs. A grantee shall reimburse the City for all costs of one publication of an ordinance authorizing a franchise made under this chapter in a local news- paper, and required legal notices prior to any public hearing regarding the franchise, contemporaneous with its acceptance of the franchise. (Ord. 09-030 § 17, 2009). 3.65.160 Least interference. The City shall have prior and superior right to the use of its rights-of-way for installation and maintenance of its facilities and other governmen- tal purposes. Work by grantee in the right-of-way shall be done in a manner that causes the least inter- ference with the rights and reasonable convenience of property owners and residents. The owners of all facilities, public or private, installed in or on such public properties prior to the installation of the Spokane Valley Municipal Code 3.65.230 3-20.11 (Revised 2/10) facilities of the grantee, shall have preference as to the positioning and location of such utilities with respect to the grantee. Such preference shall con- tinue in the event of the necessity of relocating or changing the grade of any such right-of-way. Dis- putes between the grantee and other parties over the use, pursuant to a franchise agreement, of the rights-of-way shall be submitted to the City for rec- ommended resolution. No franchise under this chapter shall, in any way, prevent or prohibit the City from using any of its rights-of-way, or affect its jurisdiction over them or any part of them. The City hereby retains its full police power to make all changes, reloca- tions, repairs, maintenance, establishments, improvements, dedications or vacation of same, including the dedication, establishment, mainte- nance, and improvement of all new rights-of-way. (Ord. 09-030 § 18, 2009). 3.65.170 Construction standards. All work authorized and required hereunder shall comply with all generally applicable City codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. (Ord. 09-030 § 19, 2009). 3.65.180 Restoration after construction. If in connection with the construction, opera- tion, maintenance, upgrade, repair or replacement of the cable system a grantee disturbs, alters, or damages any public or private property, the grantee agrees that it shall at its own cost and expense pay for any damage and replace and restore any such property to a condition reasonably comparable to the condition existing immediately prior to the dis- turbance. Whenever grantee disturbs or damages any right-of-way or other public property, grantee shall complete the restoration work within a rea- sonable time as authorized by the City’s public works director. (Ord. 09-030 § 20, 2009). 3.65.190 Obstruction permits required. Grantee shall apply for and obtain appropriate obstruction permits from the City pursuant to the Spokane Valley Municipal Code. Grantee shall pay all generally applicable permit fees for the req- uisite City permits and reimburse the City for all generally applicable fees incurred by the City in the examination, inspection, and approval of grantee’s work. (Ord. 09-030 § 21, 2009). 3.65.200 Emergency response. The grantee shall maintain with the City an emergency response number providing an emer- gency 24-hour response for the City to use in case of an emergency. After being notified of an emer- gency, grantee shall cooperate with the City and make every effort to immediately respond with action to aid the protection of the health and safety of the public. (Ord. 09-030 § 22, 2009). 3.65.210 Hazardous substances. Grantee shall comply with all applicable state and federal laws concerning hazardous substances relating to grantee’s facilities in the right-of-way. (Ord. 09-030 § 23, 2009). 3.65.220 Environmental. Grantee shall comply with all applicable state and federal laws concerning environmental protec- tion relating to grantee’s facilities in the right-of- way. (Ord. 09-030 § 24, 2009). 3.65.230 Movement and relocation of facilities. A. Relocation of Facilities at the Request of a Third Party. 1. If any removal, replacement, modification or disconnection of the cable system is required to accommodate the construction, operation or repair of the facilities or equipment of another City cable franchise holder(s), grantee shall, after at least 30 days’ advance written notice, take action to effect the necessary changes requested by the responsible entity, as long as the other franchise holder(s) pays for the grantee’s time and material costs associated with the project and grantee is issued a permit for such work by the City. 2. The grantee shall, upon reasonable prior written request of any subscriber, relocate its aerial distribution cable facilities underground, as long as the subscriber pays for the grantee’s time and material costs associated with the project and grantee is issued a permit for such work by the City. 3. In the event an underground conversion of cable facilities is required as part of the street improvement condition(s) of a new land use devel- opment, not associated with a City-designated cap- ital improvement project, a franchise shall in no way limit the grantee’s right to bill and collect in advance all time and material costs associated with the underground conversion of the cable system from the person responsible for the land use devel- opment project. 3.65.240 (Revised 2/10)3-20.12 4. At the request of any person holding a valid permit and upon reasonable advance notice and payment by the permit holder of grantee’s expenses of such temporary change, grantee shall temporarily raise, lower or remove its facilities as necessary to accommodate a permittee of the City. B. Relocation at Request of the City. 1. Upon at least 60 days’ prior written notice to grantee, the City shall have the right to require grantee to relocate any part of the cable system within the rights-of-way when the safety, health or welfare of the public requires such change, and the expense thereof shall be paid by grantee. The City may, at its option, provide more than 60 days’ notice. After receipt of such notice, grantee shall complete relocation of its facilities at least five days prior to commencement of the project or an agreed-upon date by both parties. Should grantee fail to remove or relocate any such facilities by the date established by the City, the City may effect such removal or relocation, and the expense thereof shall be paid by grantee, including all costs and expenses incurred by the City due to grantee’s delay. If the City requires grantee to relocate its facilities located within the rights-of-way, the City shall make a reasonable effort to provide grantee with an alternate location within the right-of-way. If public funds are available to any person using such rights-of-way for the purpose of defraying the cost of any of the foregoing, the grantee may make application for such funds. 2. In the case of relocation projects where the conversion of overhead utilities is within a City capital improvement project, then the grantee shall participate in the joint trenching portion of the project, and grantee shall pay to the City grantee’s portion of the traffic control and trench costs, including excavation and other associated costs, trench bedding, and backfill commensurate with grantee’s proportionate share of trench usage. However, if bids from the City or its designated contractor for placement of grantee’s conduits and vaults/pedestals in the supplied joint trench, in the reasonable estimation of the grantee, are not acceptable, the grantee shall have the option to uti- lize contractor(s) of its choice to complete the required work, so long as use by grantee of its con- tractor(s) does not delay the City project. The City or its designated contractor shall coordinate with the grantee’s contractor(s) to provide reasonable notice and time to complete the placement of the grantee’s facilities in the supplied joint trench. 3. Nothing in a franchise made under this chapter shall prevent the City from constructing any public work or capital improvement. Further, the City shall have the right to require grantee to relocate, remove, replace, modify or disconnect grantee’s facilities and equipment located in the rights-of-way or on any other property of the City in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general public, and such work shall be per- formed at grantee’s expense. Following notice by the City, grantee shall relocate, remove, replace, modify or disconnect any of its facilities or equip- ment within any right-of-way, or on any other property of the City. 4. If the grantee fails to complete the above work within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City’s reasonable satisfaction, the City may cause such work to be done and bill the reasonable cost of the work to the grantee, including all rea- sonable costs and expenses incurred by the City due to grantee’s delay. In such event, the City shall not be liable for any damage to any portion of grantee’s cable system. Grantee shall pay the City within 90 days of receipt of an itemized list of those costs. The City shall give consideration to any circumstances outside the grantee’s control preventing grantee’s completion of work. (Ord. 09- 030 § 25, 2009). 3.65.240 Tree trimming. A grantee shall have the authority to conduct pruning and trimming for access to cable system facilities in the rights-of-way subject to compli- ance with applicable City code relating to the same as adopted or amended. All such trimming shall be done at the grantee’s sole cost and expense. The grantee shall be responsible for any damage caused by such trimming. (Ord. 09-030 § 26, 2009). 3.65.250 Vacation. The City may vacate any City road, right-of- way or other City property which is subject to rights granted by a franchise under this chapter, but the grantee shall be provided notice of such vaca- tion proceedings and the opportunity to secure future use rights as allowed under the Spokane Valley Municipal Code. (Ord. 09-030 § 27, 2009). 3.65.260 Abandonment of grantee’s facilities. No facility constructed or owned by a grantee may be abandoned without the express written con- sent of the City. (Ord. 09-030 § 28, 2009). Spokane Valley Municipal Code 3.65.280 3-20.13 (Revised 2/10) 3.65.270 Maps, books, and records. A. Grantee shall provide to the City upon request: 1. A route map that depicts the general loca- tion of the cable system facilities placed in the rights-of way. The route map shall identify cable system facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individ- ual subscribers. The grantee shall also provide, if requested, an electronic format of the aerial/under- ground facilities in relation to the right-of-way cen- terline reference to allow the City to add this information to the City’s GIS program; and 2. A copy of all FCC filings which relate to the operation of the cable system in the franchise area. B. To the extent such requests are limited to specific facilities at a given location within the franchise area in connection with the construction of any City project, grantee shall cooperate with the City, upon the City’s reasonable request, to field-locate its facilities in order to facilitate design and planning of City improvement projects. C. The City has the right to inspect books and records of grantee, which are reasonably necessary to monitor a grantee’s compliance with the provi- sion of cable services. Within receipt of written notice from the City to inspect a grantee’s books and records under this section, the grantee shall, within five business days or a mutually agreeable date and time, accommodate the City’s request at the grantee’s business office in the City, during normal business hours, and without unreasonably interfering with the grantee’s business operations. All such documents pertaining to financial matters shall be preserved and maintained in accordance with grantee’s standard record retention policy except for financial records which are governed by SVMC 3.65.050(D). D. The City has the right to request a copy of the books and records that are not identified as pro- prietary or confidential. For purposes of this sec- tion, the term “proprietary or confidential” includes, but is not limited to, information relating to the cable system design, customer lists, market- ing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the grantee to be competitively sen- sitive. 1. The City shall have a right to inspect but the grantee shall not be required to release informa- tion that it reasonably deems to be proprietary or confidential in nature; provided, that this shall not prevent the release of such proprietary or confiden- tial documents for purposes of any enforcement proceeding where appropriate legal steps are avail- able to address grantee’s concerns regarding confi- dentiality. In the event the grantee asserts that certain information is proprietary or confidential in nature, the grantee shall identify generally the information which it deems proprietary and confi- dential and the reasons for its confidentiality in writing to the City. Each page of such information provided will be clearly marked as proprietary and confidential. The City agrees to treat any informa- tion disclosed by the grantee as confidential and only to disclose it to those employees, representa- tives, and agents of the City that have a need to know in order to enforce the franchise agreement, and who agree to maintain the confidentiality of all such information. The grantee shall not be required to provide customer information in violation of Section 631 of the Cable Act or any other applica- ble federal or state privacy law. 2. Information submitted to the City may be subject to inspection and copying under the Wash- ington Public Disclosure Act codified in Chapter 42.56 RCW. The City shall timely provide a grantee with a copy of any public disclosure request to inspect or copy documentation/informa- tion which the grantee has provided to the City and marked as proprietary and confidential prior to allowing any inspection and/or copying as well as provide the grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for nondisclosure of the requested documentation/information. In the event the City disagrees with the grantee’s basis for nondisclo- sure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow grantee an opportunity to file a legal action under RCW 42.56.540. (Ord. 09-030 § 29, 2009). 3.65.280 Reports. A. File for Public Inspection. A grantee shall maintain at its business office, in a file available for public inspection during normal business hours, those documents required pursuant to the FCC’s rules and regulations. B. Complaint File and Reports. A grantee will keep an accurate and comprehensive file of all complaints regarding the system and grantee’s actions in response to those complaints in a manner consistent with the privacy rights of subscribers. Upon 30 days’ written request, grantee will pro- 3.65.290 (Revised 2/10)3-20.14 vide a report to the City that contains total number and summary of all complaints received by cate- gory, length of time taken to resolve and action taken to provide resolution. C. Annual Report. No later than March 31st of each year, if requested by the City, grantee shall file a written report with the City, which shall include: 1. A summary of the previous calendar year’s activities in development of this system, including but not limited to services begun or dropped, number of subscribers (including gains and losses), homes passed, and miles of cable dis- tribution plant in service (including different classes if applicable); 2. A gross revenue statement for the preced- ing fiscal year and all deductions and computations for the period, and such statement shall be reviewed by a certified public accountant, who may also be the chief financial officer or controller of grantee; 3. A current statement of cost of any con- struction by component category; 4. A summary of complaints, identifying the number and nature of complaints and their disposi- tion; 5. If a grantee is a corporation, a list of offic- ers and members of the board and the officers and board members of any parent corporation; 6. A list of all partners or stockholders hold- ing one percent or more ownership interest in a grantee and any parent corporation; provided, how- ever, that when any parent corporation has in excess of 1,000 shareholders and its shares are pub- licly traded on a national stock exchange, then a list of the 20 largest stockholders of the voting stock of such corporation shall be disclosed; 7. A copy of all of a grantee’s written rules and regulations applicable to subscribers and users of the cable system; 8. Any additional information related to operation of the cable system as reasonably requested by the City. D. Customer Service Reports. Grantee shall maintain a quarterly compliance report specific to the system in the franchise area and shall provide such report to the City at the request of the City. Such report shall demonstrate grantee’s compli- ance with the customer service standards set forth herein. E. Grantee shall, upon request of the City, make available to the public works director a description of construction plans for the following 12 months. F. Grantee shall, upon request of the City, make available a copy of the final report on each proof of performance test of each technical parameter defined in Part 76 of the rules and regulations of the FCC. (Ord. 09-030 § 30, 2009). 3.65.290 Customer service standards. A. A grantee shall comply in all respects with the customer service standards contained herein. B. A grantee shall comply at all times with all applicable federal, state and local laws and regula- tions regarding discrimination, as adopted or amended. C. In providing service, a grantee shall main- tain a convenient local customer service location in either the City of Spokane Valley or the city of Spokane for receiving subscriber payments, han- dling billing questions, equipment replacement and dispensing customer service information. Also, the grantee will endeavor to accommodate a bill pay- ment location in the City as long as there is an acceptable third party vendor available to support the service in accordance with the grantee’s busi- ness practices. D. When similar complaints have been made by a number of subscribers, or where other evidence exists which, in the reasonable judgment of the City, casts doubt on the reliability or quality of the cable service, the City, notwithstanding any other provisions of this franchise agreement, shall have the right and authority to require that grantee test, analyze and report on the performance of the sys- tem relative to applicable technical standards of the FCC. Upon 30-day prior written notice from the City, the grantee shall fully cooperate with the City in performing such testing and shall prepare a writ- ten report of the results, if requested. E. A grantee shall satisfy the consumer protec- tion and service standards as outlined below. 1. Cable system office hours and telephone availability: a. Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. i. Trained grantee representatives will be available to respond to customer telephone inquiries during normal business hours. ii. After normal business hours, the access line may be answered by a service or an automated response system, including an answer- ing machine. Inquiries received after normal busi- ness hours must be responded to by a trained grantee representative on the next business day. Spokane Valley Municipal Code 3.65.290 3-20.15 (Revised 2/10) b. Under normal operating conditions, telephone answer time by a customer representa- tive, including wait time, shall not exceed 30 sec- onds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time under normal operating con- ditions, measured on a quarterly basis. c. Grantee shall possess equipment to measure compliance with the telephone answering standards above. d. Under normal operating conditions, the customer will receive a busy signal less than three percent of the time. e. Customer service center and bill pay- ment locations will be open at least during normal business hours. 2. Installations, Outages and Service Calls. Under normal operating conditions, each of the fol- lowing standards will be met no less than 95 per- cent of the time measured on a quarterly basis: a. Standard installations will be per- formed within seven business days after an order has been placed. i. The appointment window alterna- tives for installations, service calls and other instal- lation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (Grantee may schedule service calls and other installation activities outside of nor- mal business hours for the express convenience of the customer.) ii. Grantee may not cancel an appoint- ment with a customer after the close of business on the business day prior to the scheduled appoint- ment. iii. If grantee’s representative is run- ning late for an appointment with a customer and will not be able to keep the appointment as sched- uled, the grantee shall use its best efforts to contact the customer prior to the time of the scheduled appointment. The appointment will be resched- uled, as necessary, at a time which is convenient for the customer. iv. Under normal operating conditions, if grantee cannot perform installations within the times specified in applicable customer standards, the grantee shall offer the subscriber a credit equal to the charge for a standard installation or other compensation of equal or greater value. For non- standard installation, grantee shall attempt to con- tact a subscriber requesting an estimate of charges within seven business days of receiving the request by the subscriber. This subsection does not apply to the introduction of new products and services when grantee is utilizing a phased introduction. b. Excluding conditions beyond the con- trol of grantee, grantee will begin working on ser- vice interruptions promptly and in no event later than 24 hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notifi- cation of the service problem. Grantee shall resolve all service interruptions to the extent reasonably possible within 48 hours under normal operating conditions. i. In those cases where service is not restored within 24 hours due to unusual circum- stances, the reasons for the delay shall be fully doc- umented in an outage log. ii. Under normal operating conditions, if after 24 hours service is not restored to a sub- scriber, grantee shall, upon a subscriber’s request, provide a refund or credit or other compensation of equal or greater value. iii. As subscribers are connected or reconnected to the system, grantee shall, by appro- priate means such as a card or brochure, furnish general subscriber information (including, but not limited to, terms of service and procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed) and furnish information concerning the City office responsible for the administration of the franchise agreement, including the address and telephone number of said office. 3. Communications between Grantee and Subscribers. a. Notifications to Subscribers. Grantee shall provide written information on each of the following areas at the time of installation of ser- vice, at least annually to all subscribers, and at any time upon request to subscriber or the City: i. Products and services offered; ii. Prices and options for programming services and conditions of subscription to program- ming and other services; iii. Installation and service mainte- nance policies; iv. Instructions on how to use the cable service; v. Channel positions of the program- ming carried on the system; and vi. Billing and complaint procedures, including the address and telephone number of the City. 3.65.300 (Revised 2/10)3-20.16 b. Rate/Programming Changes. i. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the changes are within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by this section. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fee or other fees, tax, assessment or charge of any kind imposed by any federal agency, state or City on the transaction between the grantee and the subscriber. ii. Grantee shall provide a qualified discount program for senior and disabled custom- ers. iii. All programming decisions remain the discretion of grantee; provided, that grantee notifies City and subscribers in writing 30 days prior to any channel additions, deletions or realign- ments directed to each subscriber individually through mailed notice or as an insert or addendum to the subscriber’s monthly bill, email or other means reasonably calculated to give the subscriber and the City advanced notice, and further subject to grantee’s signal carriage obligations hereunder and pursuant to 47 USC 531 through 536, and further subject to City’s rights pursuant to 47 USC 545. Location and relocation of the PEG channels shall be governed by the franchise agreement, and fur- ther to the programming category requirements contained within the franchise agreement. c. Billing. i. Bills will be clear, concise and under- standable. Bills must be fully itemized, with item- izations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. ii. Billing complaints shall be responded to promptly, but in no event later than within seven days of receipt. d. Refunds. Refund checks will be issued promptly, but no later than either: i. The subscriber’s next billing cycle following resolution of the request or 30 days, whichever is earlier; or ii. The return of the equipment sup- plied by grantee if service is terminated. e. Credits. Credits for service will be issued no later than the subscriber’s next billing cycle following the determination that a credit is warranted. f. Subscriber Charges. A list of grantee’s current subscriber rates and charges for cable ser- vice shall be maintained on file with City and shall be available for public inspection. F. A grantee shall comply with all applicable federal and state privacy laws, including Section 631 of the Cable Act and regulations adopted pur- suant thereto. (Ord. 09-030 § 31, 2009). 3.65.300 Cable advisory board. City reserves the right to maintain a cable advi- sory board for advisory purposes only. The grantee agrees to cooperate with reasonable requests for information, through the designated City represen- tative, to support the cable advisory board. (Ord. 09-030 § 32, 2009). 3.65.310 City ordinances and regulations. In the event of a conflict between this code and regulations and the terms of a franchise granted under this chapter, the terms of the franchise shall control subject to the limitation of the City’s exer- cise of the police powers set forth below. Subject to federal and state preemption, the material terms and conditions contained in the franchise may not be unilaterally altered by the City through subse- quent amendments to any ordinance, regulation, resolution or other enactment of the City, except within the lawful exercise of the City’s police power. Grantee has the right to challenge any City ordinance or regulation that conflicts with its rights under a franchise. A grantee’s rights under a fran- chise are subject to the police powers of the City to adopt and enforce ordinances necessary to protect the health, safety and welfare of the public, and grantee agrees to comply with all applicable laws and ordinances enacted by the City pursuant to such power so long as the same do not unduly dis- criminate against grantee. (Ord. 09-030 § 33, 2009). 3.65.320 Indemnification. A grantee shall, at its sole cost and expense, indemnify and hold harmless the City, its officials, boards, commissions, agents and employees against any and all third party claims, suits, causes of action, proceedings, and judgments for injury, loss, or damage arising out of the construction, reconstruction, use, operation, ownership and maintenance of the cable system under a franchise agreement, except that no such requirement shall apply where such claims, suits, causes of actions, Spokane Valley Municipal Code 3.65.340 3-20.17 (Revised 2/10) proceedings, and judgments for damage are occa- sioned by the active negligence, gross negligence or intentional acts of the City or its officials, boards, commissions, agents and employees while acting on behalf of the City. These damages shall include, but not be limited to, claims made against the City by the franchisee’s employees from which the franchisee would otherwise be immune under RCW Title 51, penalties arising out of copyright infringements and damages arising out of any fail- ure by the grantee to secure consents from the own- ers, authorized distributors or licensees of programs to be delivered by the grantee’s cable system whether or not any act or omission com- plained of is authorized, allowed, or prohibited by a franchise agreement. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs and attorneys’ fees, and shall also include the reasonable value of any ser- vices rendered by the office of the city attorney, or any outside consultants employed by the City. Grantee shall not be required to provide indemnifi- cation to City for programming cablecast over the access channel administered by City. The City shall give the grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this section, but failure to give notice is not a defense to the indemnification obligations except to the extent of actual prejudice. In the event any such claim arises, the City or any other indem- nified party shall tender the defense thereof to the grantee and the grantee shall have the obligation and duty to defend, through services of competent counsel satisfactory to the City, settle or compro- mise any claims arising thereunder. If the City determines that it is necessary for it to employ sep- arate counsel, the costs for such separate counsel shall be the responsibility of the City. (Ord. 09-030 § 34, 2009). 3.65.330 Insurance. A. Upon the granting of a franchise agreement under this chapter and following simultaneously with the filing of the acceptance of a franchise agreement and at all times during the term of a franchise agreement, the grantee shall obtain, pay all premiums for, and deliver to the City written evidence of payment of premiums for and a certif- icate of insurance, naming the City as an additional insured, with a company licensed to do business in the State of Washington with a rating by A.M. Best and Co. of not less than “A” or equivalent, for the following: 1. A comprehensive commercial or general liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, commissions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys’ fees and interest arising therefrom) on account of per- sonal injury, bodily injury or death of a person or persons or damages to property occasioned by the operations of the grantee under a franchise agree- ment, or alleged to have been so caused or occurred, with a minimum combined single limit of $1,000,000 per occurrence, and $2,000,000 gen- eral aggregate for personal injury, bodily injury and property damage. 2. A comprehensive automobile liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Wash- ington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, com- missions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys’ fees and interest arising therefrom) for bodily injury and property damage occasioned by any vehicle operation of the grantee, or alleged to have been so caused or occurred, with a minimum liability of $1,000,000 per person and $5,000,000 in any one accident or occurrence. B. Not less than 30 days prior to its expiration, grantee shall deliver to City a substitute, renewal or replacement policy or bond conforming to the pro- visions of this chapter. (Ord. 09-030 § 35, 2009). 3.65.340 Performance bond. A. Within 60 days of the effective date of a franchise, grantee will provide a performance bond to the City in the total sum of $250,000, which will remain in effect for the term of the franchise. The performance bond is to ensure the faithful perfor- mance of grantee’s obligations under the franchise including the payment by the grantee of any penal- ties, claims, liens, fees, or taxes due the City which arise by reason of the operation, maintenance, or construction of the cable system within the fran- chise area. B. If a franchise is terminated, or upon expira- tion, renewal or transfer of a franchise, the City will return the original bond or sign the necessary documentation to release the bond promptly if grantee does not owe funds to the City or is not in 3.65.350 (Revised 2/10)3-20.18 default of a material provision of the franchise. (Ord. 09-030 § 36, 2009). 3.65.350 Remedies to enforce compliance. A. This section does not apply to revocation of a franchise agreement. Whenever the City seeks to enforce a franchise agreement, it shall first provide written notice to the grantee of the nature of the problem and requested action, together with any applicable time frame for response. Any time lim- its here or in a franchise agreement may be modi- fied by written stipulation of the City and grantee, except time limits relating to revocation of a fran- chise agreement or where otherwise required by law must be approved by the city council. B. Except in case of urgency or public need relating to management of the public right-of-way as reasonably determined by the City, the grantee has 30 days from receipt of such notice to respond in writing to the City official sending the notice: 1. Contesting it; or 2. Accepting it and agreeing to cure as requested within time limits specified; or 3. Requesting additional time or other modi- fications. In such event, grantee shall promptly take all reasonable steps to cure the default, keep- ing the City informed as to the steps to be taken and a projected completion date. C. If the City is not satisfied with the grantee’s response, both parties shall meet informally to dis- cuss the matter. If these discussions do not lead to resolution of the problem, the City shall notify the grantee in writing. Grantee may thereafter request a hearing thereafter as provided in this franchise. D. No provision of a franchise is intended to affect the right of either party to seek judicial relief from a violation of any provision of a franchise, or any regulation or directive under a franchise. The existence of other remedies under a franchise does not limit the right of either party to recover mone- tary damages, or to seek judicial enforcement of obligations by specific performance, injunctive relief or mandate, or any other remedy at law or in equity. (Ord. 09-030 § 37, 2009). 3.65.360 Liquidated damages. A. Because grantee’s failure to comply with the provisions of a franchise agreement will result in damage to the City and because it will be impracti- cal to determine the actual amount of such dam- ages, the City and grantee hereby agree upon and specify certain amounts set forth hereafter in this section which represent both parties’ best estimate of the damages. Damages associated with nonpay- ment of franchise fees are not subject to this sec- tion. B. The City shall specify any damages subject to this section and shall include such information in the notice sent to grantee required under SVMC 3.65.350. Such a notice may provide for damages sustained prior to the notice where so provided, and subsequent thereto pending compliance by grantee. C. To the extent that the City elects to assess liquidated damages as provided in this section, and such liquidated damages have been paid, the par- ties agree that this shall be the City’s sole and exclusive damage remedy in lieu of actual dam- ages; provided, however, this shall not limit the right of the City to seek equitable or other relief as reserved in SVMC 3.65.370. D. Unless otherwise provided, liquidated dam- ages do not accrue after the timely filing of a request for hearing by grantee until the time of a decision from the hearing. Nothing in this section prevents the parties from settling any dispute relat- ing to liquidated damages by mutual stipulation. E. Grantee may cure the breach or violation within the time specified to petition for review to the City’s satisfaction, whereupon no liquidated damages are assessed. F. After fulfilling the procedure required under SVMC 3.65.350, grantee has 30 days to pay such amounts, or grantee may seek review of any assess- ment of liquidated damages under this section. Liq- uidated damages shall be immediately payable from the performance bond, if review is not sought or if not paid within the 30-day period by the grantee. G. Schedule of Liquidated Damages. Liqui- dated damages are set as follows. All amounts accrue per day, but not beyond the number of days to exceed the amount of $10,000 per 12-month period unless specifically provided. Nothing requires the City to assess liquidated damages, act- ing in its sole discretion, but such event does not operate as waiver or estoppel upon the City. Dam- ages resulting from failure to pay franchise fees or PEG capital contributions may be recovered in whole, without limitation. H. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the fol- lowing amounts: 1. Five hundred dollars per day for failure to provide cable service as promised in SVMC 3.65.090; $100.00 per day for material departure from the FCC technical performance standards; $50.00 per day for failure to provide the PEG chan- nel or any PEG fee related thereto which is Spokane Valley Municipal Code 3.65.380 3-21 (Revised 2/10) required hereunder; $100.00 per day for each mate- rial violation of the customer service standards; $25.00 per day for failure to provide reports or notices as required by this chapter; and $100.00 per day for any material breaches or defaults not enu- merated herein. 2. Where grantee has three or more of the same violation or breach events (an “event” may involve multiple customers, but is discrete in time or circumstances) within any 12-month period, all applicable damages amounts are doubled. (Ord. 09-030 § 38, 2009). 3.65.370 Hearings. Grantee may request a hearing as follows: A. Grantee files a written request within 14 days of receipt of a decision it wants reviewed with the city manager. The request does not stay the effect of the decision or obligation to comply or exercise of any remedy available to the City except as otherwise provided. The city manager may con- duct the hearing or appoint an alternate hearings officer, who shall not be the person issuing the order or such person’s subordinate. For matters exceeding $25,000 reasonably estimated value in controversy as determined by the city manager, the grantee may file a request that the city hearings examiner conduct the hearing. A reasonable filing fee may be set by the hearings examiner or gener- ally applicable ordinances. B. The hearing may be informal and shall be conducted within 20 days, with at least 10 days’ prior notice to both sides. The official conducting the hearing is responsible to keep a record of any materials submitted and shall record the hearing by video or audio tape, for matters exceeding $25,000 reasonable estimated value amount in controversy. A written decision shall be issued within 10 days. Either party may appeal the decision to a court of competent jurisdiction within 30 days. C. Except where otherwise provided, at the conclusion of the City hearings process, if grantee remains in default, it shall correct said default in 15 days or as otherwise ordered by the City. In the event the grantee does not cure within such time to the City’s reasonable satisfaction, the City may: 1. Seek specific performance of any provi- sion that reasonably lends itself to such remedy as an alternative to damages, or seek other equitable relief; and/or 2. Assess liquidated damages resulting from grantee’s default if not already done or await the conclusion of the judicial process. D. Where grantee seeks judicial review and ultimately prevails, any money judgment against the City shall be paid or may thereafter be offset by grantee, in grantee’s discretion, against further franchise fee payments due to the City. In such event, grantee shall notify the City at least 60 days prior to apply the offset. E. Nothing in this section limits the City’s right to seek to revoke a franchise agreement in accor- dance with SVMC 3.65.380. (Ord. 09-030 § 39, 2009). 3.65.380 Revocation. A. The City may revoke a franchise agreement made under this chapter and rescind all rights and privileges associated therewith in the following circumstances: 1. Grantee abandons the cable system, fails to cure a nonpayment of a quarterly franchise fee within 30 days of the required payment date, or ter- minates the cable system’s operations; or 2. Grantee has a pattern of failing to perform the material obligations listed under SVMC 3.65.360(H); or 3. Grantee attempts to evade any material provision of the franchise agreement or practices any fraud or deceit upon the City or subscribers. B. Prior to revocation of a franchise agreement, the City shall give written notice to the grantee of its intent to revoke the franchise agreement, setting forth the exact nature of the noncompliance. The grantee shall have 30 days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the City has not received a timely and satisfactory response from the grantee, it may then seek a revo- cation of the franchise agreement by the city coun- cil in accordance with this section. C. The grantee may file a revocation hearings request within 14 days of the City’s written notice of intent to revoke the franchise with the city hear- ings examiner. The filing fee shall be established by separate resolution, and is considered an appeal of an administrative decision. Any revocation hear- ing under this subsection shall be consistent with Chapter 17.90 SVMC, except as specifically set forth in this section. This shall provide the grantee a fair opportunity for full participation, including the right to be represented by legal counsel, and to introduce evidence. Within 20 days of the hearing, the hearing examiner shall issue a recommendation to the city council. At the next available city coun- cil meeting with notice provided to the grantee, the city council shall review the city hearing exam- 3.65.390 (Revised 2/10)3-22 iner’s record and recommendation, allowing the grantee an opportunity to state its position on the matter, reserving the right to set reasonable time limits. Within 60 days after the review, the city council shall determine whether to revoke the fran- chise agreement; or if the breach at issue is capable of being cured by the grantee, direct the grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the city council determines are reasonable under the circumstances. The city council shall issue a written decision and shall transmit a copy of the decision to the grantee. Any appeal of the deci- sion by the city council shall be to Spokane County superior court within 30 days of adoption of the decision. Upon timely appeal, the effect of the revocation is stayed pending final judicial resolu- tion, but this shall not affect accrual of penalties or the right of the City to take any other enforcement action, including curing the default at grantee’s expense and liability, also subject to judicial review. The parties shall be entitled to such relief as the court may deem appropriate. D. The city council may in its sole discretion take any lawful action that it deems appropriate to enforce the City’s rights under the franchise agree- ment in lieu of revocation. (Ord. 09-030 § 40, 2009). 3.65.390 Conditions of sale. If a renewal of a franchise agreement is denied or a franchise agreement is lawfully terminated, and the City lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another person, any such acquisition or transfer shall be at a price determined pursuant to the pro- visions of the Cable Act. (Ord. 09-030 § 41, 2009). 3.65.400 Transfer of rights. A franchise granted under this chapter may not be assigned or transferred without the written approval of the City pursuant to the provisions of the Cable Act. However, grantee can assign or transfer a franchise without approval of but upon notice to the City to any parent, affiliate or subsid- iary of grantee or to any entity that acquires all or substantially all the assets or equity of grantee, by merger, sale, consolidation or otherwise and for transfers in trust obtained to finance construction or operations of a cable system by pledging the sys- tem as collateral. (Ord. 09-030 § 42, 2009). Spokane Valley Municipal Code 3.70.010 3-22.1 (Revised 10/08) Chapter 3.70 UTILITY TAX Sections: 3.70.010 Definitions. 3.70.020 Utility tax levied – Rate. 3.70.030 Allocation of income – Cellular telephone service. 3.70.040 Remittance. 3.70.050 Taxpayer engaged in more than one business. 3.70.060 Deductions. 3.70.070 Record retention requirements. 3.70.080 Tax delinquency – Unlawful acts. 3.70.090 Quitting, selling, or transferring business. 3.70.100 Tax not exclusive. 3.70.110 Rate changes. 3.70.120 Appeal procedure. 3.70.130 Over or underpayment of tax. 3.70.140 Designation of use of funds generated by telephone utility tax. 3.70.010 Definitions. Unless the context clearly indicates otherwise, the words, phrases and terms used in this chapter shall have the following meanings: A. “Cellular telephone service” means a two- way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications which is not sub- ject to regulation by the Washington State Utilities and Transportation Commission (WUTC). This includes cellular mobile service and prepaid wire- less calling service. The definition of cellular mobile service includes other wireless radio com- munications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio com- munications technology which accomplishes a purpose similar to cellular mobile service. Cellular telephone service is included within the definition of “telephone business” for the purposes of this chapter. B. “Call by call basis” means any method of charging for telephone business where the price for the service is measured by individual calls. C. “City manager” means the city manager and designees. D. “Competitive telephone service” means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or mainte- nance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. E. “Gross income” means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of investment of capital in the business engaged in (including rentals, royalties, interest and other emoluments however designated) excluding receipts or proceeds from the sale or use of real property or any interest therein and the proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like and without any deduction on account of the cost of the property sold, cost of materials used, labor costs, interest or discount paid, or any expenses whatsoever, and without any deduction on account of losses. Further deductions and exceptions from gross income upon which the fee or tax described in this chapter is computed are set forth in SVMC 3.70.060. F. “Pager service” means service provided by means of an electronic device which has the ability to send or receive voice or digital messages trans- mitted through the local telephone network, via satellite or any other form of voice or data trans- mission. “Pager service” is included within the def- inition of “telephone business” for purposes of this chapter. G. “Person” or “persons” means persons of either sex, firms, co-partnerships, corporations, limited liability companies, and other associations, whether acting by themselves or through servants, agents or employees. H. “Service address” means the street address representative of where the customer’s use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, “place of primary use” must be within the licensed service area of the home service provider. For pur- poses of determining the service address of prepaid wireless calling services the business location of the seller of the prepaid wireless calling service shall be the presumptive service address, unless the taxpayer has actual knowledge to the contrary. I. “Taxpayer” means any person liable for the license fee or tax imposed by this chapter. J. “Tax year” or “taxable year” means (1) the year commencing January 1st and ending on 3.70.020 (Revised 10/08)3-22.2 December 31st of such year, or (2) the taxpayer’s fiscal year when permission is obtained from the city manager to use that period as the tax year. K. “Telephone business” means the providing access by a person or business to a local telephone network, local telephone network switching ser- vice, toll service, cellular telephone service, or coin telephone services, or providing telephonic, video, data or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communica- tion or transmission system. The term includes cooperative or farmer line telephone companies or associations operating an exchange. Telephone business also includes the provision of telephone service through technology commonly referred to as voice over internet protocol (VOIP). Telephone business does not include the providing of compet- itive telephone service, nor the providing of broad- cast services by radio and telephone stations. (Ord. 08-014 § 2, 2008). 3.70.020 Utility tax levied – Rate. There is levied on and shall be collected from every person a tax for the act or privilege of engag- ing in utility business activities, measured by mul- tiplying the below respective rates against gross income as follows: A. Telephone Business. Upon every person engaged in or carrying on any telephone business (including cellular telephone service and pager ser- vice) within the City a fee or tax equal to six per- cent of the total gross income from such business in the City. Tax liability imposed under this section shall not apply to that portion of gross income derived from charges to another telecommunica- tions company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services, or charges for network telephone service that is purchased for the purpose of resale. (Ord. 08-014 § 2, 2008). 3.70.030 Allocation of income – Cellular telephone service. A. Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer’s prin- cipal service address during the period for which the tax applies. B. Presumption. There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary. C. Call-by-Call Based Service. When the cellu- lar telephone service is provided by the telephone business to a subscriber on a call-by-call basis, the gross income shall be assigned consistent with the taxpayer’s accounting system to (1) the location in which the call originates and terminates, or (2) the location in which the call either originates or termi- nates and in which the service address is located. D. Dispute Resolution. If there is a dispute between or among the City and one or more other cities as to the service address of a customer who is receiving cellular telephone services and the dis- pute is not resolved by negotiation among the par- ties, then the dispute shall be resolved by the City and the other city or cities by submitting the issue for settlement to the Association of Washington Cities (AWC). Once the taxes on the disputed rev- enues have been paid to one of the contesting cit- ies, the cellular telephone service company shall have no further liability with respect to additional taxes on the disputed revenues so long as it changes its billing records for future revenues to comport with the settlement facilitated by AWC. E. City Manager Authority. The city manager is authorized to represent the City in negotiations with other cities for the proper allocation of cellu- lar telephone service taxes imposed pursuant to this chapter. Any agreement with respect to the alloca- tion of the cellular telephone service taxes shall receive the final approval of the city council. (Ord. 08-014 § 2, 2008). 3.70.040 Remittance. A. Monthly Remittance. The tax imposed by this chapter shall be collected, reported and remit- ted to the City monthly on or before the last day of the subsequent month. If a taxpayer commences to engage in business at any time other than the first day of the month, then the taxpayer’s first return and tax payment shall be based upon and cover the portion of the month during which the taxpayer engaged in business. B. Returns. The remittance shall be in legal ten- der and shall be accompanied by a return on a form to be provided and prescribed by the City. The tax- payer shall be required to swear or affirm in writing on the return that the information therein given is full and true and that the taxpayer knows it to be so. If the total tax for which any person is liable under this chapter is not reasonably expected to exceed $100.00 in any month, the taxpayer may file a writ- ten request with the city manager to file and pay Spokane Valley Municipal Code 3.70.080 3-22.3 (Revised 10/08) taxes due under this chapter annually. Such requests are subject to approval by the city man- ager. (Ord. 08-014 § 2, 2008). 3.70.050 Taxpayer engaged in more than one business. Any person engaged in, or carrying on, more than one activity or business subject to the tax imposed by this chapter, shall pay the tax so imposed on each such business or activity. (Ord. 08-014 § 2, 2008). 3.70.060 Deductions. In computing the tax imposed by this chapter, the following may be deducted from the measure of the tax: A. Adjustments made to a billing or to a cus- tomer account or to a telecommunications com- pany accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and for which the taxpayer can provide documentation to the City. B. All cash discounts allowed and actually granted to customers of the taxpayer during the tax year and for which the taxpayer can provide docu- mentation to the City. C. Amounts derived from transactions in inter- state or foreign commerce, or from business done for the government of the United States, its officers or agents in their official capacity, and any amount paid by the taxpayer to the United States or the state of Washington as excise taxes. D. The amount of credit losses actually sus- tained by taxpayers whose regular books are kept on an accrual basis. E. Amounts derived from business which the City is prohibited from taxing under the Constitu- tion or the laws of this state or the United States. (Ord. 08-014 § 2, 2008). 3.70.070 Record retention requirements. It shall be the duty of every person liable for payment of the tax hereunder to obtain an occupa- tion license, as prescribed by Chapter 5.05 SVMC, and to keep and preserve for a period of five years such books and records as will accurately reflect the amount of gross income from the business, and from which can be determined the amount of any tax for which the person may be liable under the provisions of this chapter. The term “books and records” as used in this section includes but is not limited to copies of the taxpayer’s federal income tax returns, federal excise tax returns, state of Washington excise tax returns, and copies of income tax and excise tax audits made by the United States or the state of Washington and fur- nished to such person. The taxpayer’s books and records shall be available for examination at all reasonable times by the city manager and his or her duly authorized designees. In the case of any taxpayer who does not keep the necessary books and records within the City for examination, it shall be sufficient if such person produce the same within the City as instructed or required by the city manager. Any taxpayer who fails, neglects, or refuses to produce such books and records in accordance with this chapter, or fails to file a return, in addition to being subject to other civil and criminal penalties provided by this chapter, is subject to a tax assess- ment in an amount determined by the city manager in accordance with the provisions of this chapter, which tax assessment shall be deemed prima facie correct and shall be the amount of fee or tax owing to the City by the taxpayer unless the person can prove otherwise by competent evidence. The tax- payer shall be notified by certified mail of the amount of tax assessment imposed pursuant to this section, together with any penalty and/or interest due, and the total of such amounts shall thereupon become immediately due and payable. (Ord. 08- 014 § 2, 2008). 3.70.080 Tax delinquency – Unlawful acts. A. Penalties and Interest. For each payment due, if such payment is not made by the due date thereof, there shall be added penalty and interest as follows: 1. If paid one to 10 days late, there shall be a penalty of five percent added to the amount of tax due. 2. If paid 11 to 20 days late, there shall be a penalty of seven percent added to the amount of tax due. 3. If paid 21 to 30 days late, there shall be a penalty of 10 percent added to the amount of tax due. 4. If paid 31 to 60 days late, there shall be a penalty of 15 percent added to the amount of tax due. 5. If paid in excess of 60 days late, there shall be a penalty of 20 percent added to the amount of tax due. 6. In addition to the above penalty, the City shall charge the taxpayer interest on all taxes due at the rate of one percent per month or portion thereof that said amounts are past due. 3.70.090 (Revised 10/08)3-22.4 7. The tax imposed by this chapter, and all penalties and interest thereon, shall constitute a debt to the City, and may be collected by court pro- ceedings in the same manner as any other debt, which remedy shall be in addition to all other avail- able remedies. Any judgment entered in favor of the City may include an award to the City of all court and collection costs including attorneys’ fees to the extent permitted by law. Amounts delinquent more than 60 days may be assigned to a third party for collection, in which case the amount of any col- lection charges shall be in addition to all other amounts owed. Amounts due shall not be consid- ered paid until the City has received payment for the full amount due or has discharged the amount due and not paid. B. Unlawful Acts. It is unlawful for any person liable for the tax imposed by this chapter to fail to pay the tax when due or for any person, firm, or corporation to make any false or fraudulent return or any false statement in connection with the return. C. Criminal Penalties. Any person who inten- tionally violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, punished pursuant to state law or City ordi- nance. (Ord. 08-014 § 2, 2008). 3.70.090 Quitting, selling, or transferring business. Whenever any taxpayer quits business, or sells out, exchanges, or otherwise disposes of such busi- ness, any tax payable under this chapter shall become immediately due and payable, and such taxpayer shall, within 10 days thereafter, make a return and pay the tax due; and any person who becomes a successor shall become liable for the full amount of any unpaid tax, interest, and penal- ties and shall withhold from the purchase price an amount sufficient to pay any tax due from the tax- payer until such time as the taxpayer shall produce a receipt from the City showing payment in full of any tax due or a certificate that no tax is due. If such tax, interest or penalty has not been paid by the taxpayer within 10 days from the date of such sale, exchange, or disposal, the successor shall become liable for the payment of the full amount of tax, interest and penalties. The successor’s liability shall be limited to the purchase price or fair market value of the business purchased if no cash transac- tion took place. No successor shall be liable for any tax due from the taxpayer from whom the succes- sor has acquired a business or stock of goods if the successor gives written notice to the city manager of such acquisition and no assessment is issued by the city manager within six months of receipt of such notice against the former operator of the busi- ness. The taxpayer’s account will remain on an active status and be subject to all taxes, penalties, and interest until such time as the city manager is notified in writing that the taxpayer has discontin- ued business activity within the City. Nothing in this chapter is intended nor shall it be construed to prohibit the successor from engaging in business in the City pending resolution of the successor’s tax liability. (Ord. 08-014 § 2, 2008). 3.70.100 Tax not exclusive. The tax levied herein shall be additional to any license fee or tax imposed or levied under any other law or under any other ordinance of the City. (Ord. 08-014 § 2, 2008). 3.70.110 Rate changes. No change in the rate of tax upon persons engag- ing in the business of furnishing utility services shall apply to business activities occurring before the effective date of the change. Furthermore, except for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax on persons engaging in the business of providing util- ity services may take effect sooner than 60 days following the enactment of the ordinance establish- ing the change. (Ord. 08-014 § 2, 2008). 3.70.120 Appeal procedure. Any taxpayer aggrieved by the amount of the fee or tax found by the city manager to be required under the provisions of this chapter may, upon full payment of the amount assessed, appeal from such finding by filing a written notice of appeal with the city clerk within 14 days from the date such tax- payer was given notice in writing of such amount. The clerk shall, as soon as practicable, fix a time and place for the hearing of such appeal before the hearing examiner, which time shall be not more than 60 days after the filing of the notice of appeal, and shall cause a notice of the time and place thereof to be delivered or mailed to the appellant. At such hearing before the hearing examiner, the taxpayer shall be entitled to be heard and to intro- duce evidence in his or her own behalf. The hear- ing examiner shall render a decision, together with findings of fact and conclusions of law, based upon the evidence presented at the time of the hearing and all material on file in the case. The hearing examiner’s decision shall indicate the correct amount of the fee or tax owing. The hearing exam- Spokane Valley Municipal Code 3.70.140 3-22.5 (Revised 10/08) iner’s decision shall be final. The appellant or the City may appeal the decision of the hearing exam- iner to the Superior Court of Washington in and for Spokane County within 30 days after the date of the hearing examiner’s decision. The hearing examiner may, by subpoena, require the attendance of any person, and may also require him/her to pro- duce any pertinent books and records. Any person served with such subpoena shall appear at the time and place therein stated and produce the books and records required, if any, and shall testify truthfully under oath administered by the hearing examiner as to any matter required of him/her pertinent to the appeal, and it shall be unlawful for him/her to fail or refuse so to do. (Ord. 08-014 § 2, 2008). 3.70.130 Over or underpayment of tax. In the event that any person makes an overpay- ment, and within two years of the date of such overpayment makes application for a refund or credit, the person’s claims shall be allowed and a refund made by the City upon determination by the city manager that no other sums are owed by the person to the City. If a person determines that the tax has been underpaid and without notice by any party pays the amount due to the City, such amount shall not be subject to penalty. (Ord. 08-014 § 2, 2008). 3.70.140 Designation of use of funds generated by telephone utility tax. All net revenues generated through taxation of telephone business pursuant to this chapter shall be designated for use exclusively in the City road fund. (Ord. 08-014 § 2, 2008). (Revised 10/08)3-22.6 This page intentionally left blank. Spokane Valley Municipal Code 3.75.040 3-23 (Revised 2/06) Chapter 3.75 ASSESSMENT REIMBURSEMENT AGREEMENTS Sections: 3.75.010 Traffic impact mitigation required. 3.75.020 Authorization of assessment reimbursement agreements. 3.75.030 Reimbursement by other property owners – Reimbursement share. 3.75.040 Application for reimbursement agreement. 3.75.050 Notice and hearing procedure. 3.75.060 Execution and recording. 3.75.070 Contract finality. 3.75.080 Title to improvements and assignment of benefit. 3.75.090 Tender of charges. 3.75.100 Release of assessments. 3.75.110 Administrative fee. 3.75.010 Traffic impact mitigation required. The development of real property can create traffic impacts that result in a traffic facility(ies) falling below the adopted level of service for that facility. For such developments, the City shall require appropriate traffic mitigation measures, as determined by the City, as a prerequisite to further property development, pursuant to RCW 35.72.010. (Ord. 05-010 § 2, 2005). 3.75.020 Authorization of assessment reimbursement agreements. A. The City establishes a procedure for autho- rizing assessment reimbursement agreements with developers, owners of real property, and the City for the purpose of providing reimbursement of a pro rata portion of the original costs of street and sidewalk improvements including design, grading, paving, installation of curbs, gutters, sidewalks, street lighting, traffic signalization, storm drainage associated with streets and sidewalks, and other similar improvements when such improvements are required by an ordinance as a prerequisite to further property development. B. A reimbursement agreement may provide for the partial reimbursement to the owner or the owner’s assigns for a period not to exceed 15 years of a portion of the costs of the project by other property owners who: 1. Are determined to be within the assess- ment reimbursement area pursuant to SVMC 3.75.030; 2. Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to SVMC 3.75.030; 3. Did not contribute to the original cost of the street mitigation project; and 4. Subsequently develop their property within the 15-year period and at the time of devel- opment were not required to install similar street projects because they were already provided for by the reimbursement agreement. (Ord. 05-010 § 2, 2005). 3.75.030 Reimbursement by other property owners – Reimbursement share. The reimbursement amount shall be a pro rata share of construction costs and reimbursement of contract administration costs of the street project. The city manager or designee shall determine the reimbursement share by using a method of cost apportionment which is based on the benefit to the property owner from such project. The City may determine the parcels benefited by considering the following factors, without limitation: comprehen- sive plan designation, zoning, current use, planned use upon development or redevelopment, size of parcel, proximity to proposed improvements, and access to areas of proposed improvement. The City may establish various classes of benefited parcels based upon the same factors. (Ord. 05-010 § 2, 2005). 3.75.040 Application for reimbursement agreement. Application for a reimbursement agreement shall be made prior to the installation of the improvement. Application shall be made upon forms prepared by the public works department. Any application for a reimbursement agreement under this chapter shall contain, at a minimum, the following information: A. A legal description of the applicant’s prop- erty; B. A legal description of the anticipated bene- fited properties; C. Vicinity maps of the applicant’s property, properties anticipated to be benefited, and the loca- tion of the improvement or improvements; D. The itemized cost data for the improve- ments; and E. Proposed pro rata share of the cost of the improvements to be borne by the properties antici- pated to be benefited, and a proposed method of assessment of that pro rata share to the individual 3.75.050 (Revised 2/06)3-24 properties anticipated to be benefited. (Ord. 05-010 § 2, 2005). 3.75.050 Notice and hearing procedure. A. Private Improvements. Upon drafting of the preliminary assessment roll, the preliminary deter- mination of the assessment reimbursement area boundaries and assessments, along with a descrip- tion of the property owners’ rights and options to participate in the reimbursement agreement, shall be forwarded by the City by certified mail, return receipt requested, to the property owners within the proposed reimbursement assessment area. A prop- erty owner whose property is included in the pre- liminary assessment roll may request a hearing before the city hearing examiner within 10 days of the mailing to contest the preliminary determina- tion of inclusion of his/her property and assessment amount. The hearing examiner shall hold a public hearing, establish a record, and make a decision which shall be given the effect of a recommenda- tion to the city council, all pursuant to Chapter 10.04 SVMC. The city council’s ruling shall be determinative and final. B. City Improvements. The City may partici- pate in a reimbursement agreement where the City has provided or joined in the financing of the improvements that will benefit other properties. The notice and hearing provisions in subsection A of this section shall apply to this subsection. No improvements that benefit the general public may be subject to a City-held reimbursement agree- ment. The City may be reimbursed for its invest- ment in the improvements in the same manner as owners of real property who participate in an improvement project and request a reimbursement agreement. Authority of the City to participate in a reimbursement agreement is in addition to the power of the City to impose special utility connec- tion charges and special assessment district charges. In the event the City participates in financ- ing an improvement, it must specify the conditions of its participation in an ordinance. (Ord. 05-010 § 2, 2005). 3.75.060 Execution and recording. Following receipt of the assessment roll, the city council, if provided with sufficient information and if the improvement and cost thereof are consis- tent with the preliminary approval, shall by motion authorize the city manager or designee to sign the reimbursement agreement(s). The fully executed reimbursement agreement(s) shall be recorded in the official property records of Spokane County, Washington. (Ord. 05-010 § 2, 2005). 3.75.070 Contract finality. Once the reimbursement agreement is recorded with the Spokane County auditor’s office, it shall be binding on all properties and owners within the assessment area who are not party to the agree- ment, and the obligation shall run with the land. A second notice reflecting final costs shall be mailed to the property owners by certified mail, return receipt requested, together with a copy of the reim- bursement agreement, bearing the Spokane County auditor’s file number. For any real property which is burdened by a reimbursement agreement, the City shall not grant any construction permits, including, but not limited to, grading permits, forms and foundation permits, building permits, or an occupancy permit, until such time as full reim- bursement is made on behalf of the burdened prop- erty in satisfaction of the reimbursement agree- ment. (Ord. 05-010 § 2, 2005). 3.75.080 Title to improvements and assignment of benefit. Before the City will collect any reimbursement charge, the holder of the reimbursement agreement shall transfer title to all of the improvements to the City. The holder of the reimbursement agreement shall also assign to the City the benefit and right to the reimbursement charge should the City be unable to locate the holder of the reimbursement agreement at the time of attempting to tender any charges received by the City pursuant to the reim- bursement agreement. The holder of the reimburse- ment agreement shall be responsible for keeping the City informed of a current mailing address. Should the City be unable to locate the holder of the reimbursement agreement in order to deliver a reimbursement charge, the same shall be held by the City for a period of two years from the date of first attempted notification by the City. At any time within the two-year period, the holder of the reim- bursement agreement may receive the charge, without interest, by requesting payment of the City. If, after the expiration of the two-year period, the holder of the reimbursement agreement has not requested reimbursement under the agreement, all rights of the holder of the reimbursement agree- ment to that charge shall expire, and the City shall be deemed to be the owner of the funds. (Ord. 05- 010 § 2, 2005). Spokane Valley Municipal Code 3.80.020 3-25 (Revised 10/08) 3.75.090 Tender of charges. When the City has received a reimbursement charge, it will forward the funds to the holder of the reimbursement agreement within 30 days of receipt. Funds received by negotiable instrument, such as check, will be deemed received 10 days after delivery to the City. (Ord. 05-010 § 2, 2005). 3.75.100 Release of assessments. When funds are received pursuant to a reim- bursement agreement, the City shall record a certif- icate of payment and release of assessment as to the real property owned by the party paying the reim- bursement charge, within 30 days of receipt of the funds. (Ord. 05-010 § 2, 2005). 3.75.110 Administrative fee. There shall be a fee to the City for the adminis- tration, processing and collecting of the reimburse- ment agreement charges, in the amount of five percent of the total amount to be collected. This administrative fee shall be calculated into the amount of reimbursement to be paid by the non- party participants in the reimbursement agreement. Prior to the granting of the final reimbursement agreement, there shall be paid to the City a process- ing fee in the amount of $1,000. The said process- ing fee shall be credited against the total five percent fee. The five percent fee shall be collected by deduction from each individual reimbursement charge payment and the balance shall be forwarded to the developer. (Ord. 05-010 § 2, 2005). Chapter 3.80 STORM AND SURFACE WATER UTILITY Sections: 3.80.010 Stormwater utility. 3.80.020 Definitions. 3.80.030 Utility charge. 3.80.040 Entry of premises. 3.80.050 Exemptions. 3.80.060 Billing, payment and collection. 3.80.070 Lien for delinquent charges. 3.80.080 Administrative adjustments. 3.80.090 Management cooperation. 3.80.010 Stormwater utility. The City of Spokane Valley hereby establishes a storm and surface water utility to provide for the development, maintenance and control of storm drainage and surface water within the City. The City reserves and elects to exercise all power and authority relating to the construction, acquisition, condemnation, maintenance and operation of the storm drainage and surface water systems, includ- ing the right to establish rates and charges for ser- vice. (Ord. 08-008 § 3, 2008). 3.80.020 Definitions. “Developed parcel” means any parcel of real property that has been altered from its natural state including clearing, grading or filling, whether or not that work accompanies excavation and con- struction. “Impervious surface” means a hard surface area, which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow different than the natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, paved parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen mate- rials, and oiled surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be consid- ered as impervious surfaces. “Parcel” means any area of land within the City that is identified as a distinct property by the Spo- kane County assessor’s office, whether or not the parcel is considered taxable. “Right-of-way” means a strip or parcel of land dedicated to the City for public uses including 3.80.030 (Revised 10/08)3-26 street, mass transit, bicycle, and pedestrian uses as well as emergency access, utility, drainage, vegeta- tion management, view corridor or other necessary public uses. (Ord. 08-008 § 4, 2008). 3.80.030 Utility charge. There is hereby imposed upon every developed parcel of property within the City a storm and sur- face water utility annual charge. Utility charges shall be uniform for the same class of customers or service and facilities. The rates and charges pro- vide a method to fund the storm and surface water utility and establish comprehensive management and administration. The storm and surface water utility annual charge imposed by the utility shall be established by the city council by separate resolu- tion. Except as otherwise provided in RCW 90.03.525 for the Washington State Department of Transportation, all public entities and public prop- erty shall be subject to rates and charges estab- lished by the city council for stormwater control facilities to the same extent as private persons and private property, except as prohibited by law. The city council, when setting rates for public entities and property, may consider stormwater services provided and maintained by the public entity and other related improvements, as well as donations of services and property to the City utility. (Ord. 08- 008 § 5, 2008). 3.80.040 Entry of premises. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, the public works director or designee may enter upon a parcel at reasonable times to inspect the same; pro- vided, that if a building or parcel is occupied, iden- tification and a request for entry shall be made. If a building or parcel is unoccupied, all reasonable efforts shall be made to contact the owner prior to entry. (Ord. 08-008 § 6, 2008). 3.80.050 Exemptions. Each year, low-income seniors and disabled per- sons receiving relief under RCW 84.36.381 shall receive the following partial exemptions from sur- face water charges: A. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(a) shall be exempt from 40 percent of the utility fees. B. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(i) shall be exempt from 60 percent of the utility fees. C. All parcels for which a person qualifies for an exemption under RCW 84.36.381(b)(ii) shall be exempt from 80 percent of the utility fees. (Ord. 08-008 § 7, 2008). 3.80.060 Billing, payment and collection. The public works director or designee shall pre- pare and certify a roll identifying the developed parcels and the related utility charge to be paid. The City may, through agreement with the Spo- kane County treasurer, arrange for the utility charge to be placed upon the property tax bills sent to the taxpayer of property within the City of Spo- kane Valley. All charges shall be due and payable in accordance with RCW 84.56.020. Thereafter, accounts shall be deemed delinquent and shall bear interest at a rate of one percent per month, or at such other rates as may be authorized by law, com- puted on a monthly basis from the date of delin- quency until paid in full. All charges (and interest) received shall be deposited into the stormwater utility fund. (Ord. 08-008 § 8, 2008). 3.80.070 Lien for delinquent charges. In addition to any other remedies permitted by law, the City shall have a lien pursuant to Chapter 35.67 RCW, as currently enacted or hereafter amended, for all delinquent and unpaid storm and surface water rates and charges, including interest at the statutory rate, against the developed parcel which is subject to the charge. The lien may be foreclosed pursuant to Chapter 35.67 RCW. (Ord. 08-008 § 9, 2008). 3.80.080 Administrative adjustments. The public works director or designee may authorize in writing to the county treasurer a refund, credit or adjustment for any rate or charge when it is determined that an error, miscalculation or mistake has occurred. No refund, credit or ser- vice charge adjustment may be authorized unless brought to the attention of the public works direc- tor or designee within one year of the occurrence of the error, miscalculation or mistake. In any instance where refund or credit is authorized, accrued interest on the outstanding amount shall be waived. (Ord. 08-008 § 10, 2008). 3.80.090 Management cooperation. Recognizing the purpose and functions of the City stormwater utility and to promote interjuris- dictional cooperation, the public works director or designee may coordinate and jointly perform activ- Spokane Valley Municipal Code 3.80.090 3-27 (Revised 10/08) ities with Spokane County and other jurisdictions that promote the maintenance, operation and devel- opment of the City storm and surface water drain- age utility. The public works director may adopt rules, policies and programs that relate to joint activities between the City and other jurisdictions including the review of development proposals that affect storm or surface water control. (Ord. 08-008 § 11, 2008). 4-1 Title 4 (Reserved) 5-1 (Revised 8/12) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.05 Business Registration System 5.10 Adult Entertainment Establishments 5.15 Special Events 5.20 Pawnbrokers 5.25 Alcohol Advertising Regulations 5-3 (Revised 9/10) Spokane Valley Municipal Code 5.05.040 Chapter 5.05 BUSINESS REGISTRATION SYSTEM Sections: 5.05.010 Definitions. 5.05.020 Business registration required. 5.05.030 Exemptions. 5.05.040 Application procedure. 5.05.050 Fee – Terms – Penalty. 5.05.060 Transfer or sale of business – New license required. 5.05.070 Violation – Penalty. 5.05.010 Definitions. For the purposes of this chapter, the following definitions shall apply: A. “Business” means all kinds of vocations, occupations, professions, enterprises, establish- ments, industries, services and all other kinds of activities and matters that require registration or licensing with the state of Washington or are con- ducted on any premises in the City of Spokane Val- ley. “Business” also means activities and matters conducted by public, charitable, educational, liter- ary, fraternal or religious organizations within the City of Spokane Valley. B. “City” means the City of Spokane Valley, Spokane County, Washington. C. “Engaging in business” means commencing, conducting, or continuing in business, the exercise of corporate or franchise powers, as well as liqui- dating a business when the liquidators thereof hold themselves out to the public as conducting such business. D. “Person” means any individual, corporation, company, firm, joint stock company, partnership, joint venture, trust, business trust, club, associa- tion, society, or any group of individuals acting as a unit or otherwise. E. “Tax year” means the calendar year com- mencing January 1st and ending on December 31st. (Ord. 04-032 § 1, 2004; Ord. 34 § 1, 2003). 5.05.020 Business registration required. A. On or before December 31, 2004, every per- son engaging in business or continuing business after December 31, 2004, shall register with the City by completing a registration form and, if required, pay a registration fee. If more than one business is located on a single premises, separate registrations shall be required for each separate business conducted. B. The city manager or designee is hereby authorized to enter into an agreement with the State of Washington Master License Service under which that agency shall accept and process City business registration applications. (Ord. 04-032 § 1, 2004; Ord. 34 § 2, 2003). 5.05.030 Exemptions. The following services and activities shall be exempt from the provisions of this chapter: A. Persons who deliver newspapers and period- icals; B. Persons who solicit orders from retail estab- lishments via the telephone, Internet or mail for the delivery and sale of goods, wares and merchandise unless the person’s place of business is located within the City; C. Minors engaged in babysitting; D. The casual sale of items of personal property where the person conducting such sale is not regu- larly engaged in the business of selling items of personal property (for example, garage sales, ser- vice agency bake sales); E. Sales by farmers or gardeners of their own farm products raised and grown exclusively upon lands owned or occupied by them; F. Providers of Internet or wireless phone ser- vices where the provider operates from premises located outside the City and the only event occur- ring within the City is receipt of such goods and services; and G. Temporary craft booths and food booths lasting 10 days or less in any one location. (Ord. 04-032 § 1, 2004; Ord. 34 § 3, 2003). 5.05.040 Application procedure. A. Application for the business registration shall be made in writing to the city clerk upon a form provided by the City. The application shall state the name, type and address of the business or businesses, the owner, operator or agent and such other information as requested by the city clerk. B. If the applicant is a partnership, the applica- tion must be made by one of the partners; if a cor- poration, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corpo- ration, partnership or individual. C. The city clerk shall maintain a record of all registered businesses. (Ord. 04-032 § 1, 2004; Ord. 34 § 4, 2003). 5.05.050 (Revised 9/10)5-4 5.05.050 Fee – Terms – Penalty. A. Business registration shall occur on a calen- dar-year basis and shall expire on December 31st of the year for which the registration was issued. B. A fee shall be charged for businesses regis- tering for the 2005 calendar year and years thereaf- ter. Business registration fees shall be established by city council resolution. C. Failure to pay the registration fee by the applicable date shall result in a late fee of 50 per- cent of the annual registration fee. D. Failure to pay the annual fee may result in non-issuance of a Washington State license, as determined by the Washington State Department of Licensing. (Ord. 04-032 § 1, 2004; Ord. 34 § 5, 2003). 5.05.060 Transfer or sale of business – New license required. Upon the sale or transfer of any business, the registration issued to the prior owner or transferer shall automatically expire on the date of such sale or transfer and the new owner intending to con- tinue such business in the City shall apply for a new registration pursuant to the procedures estab- lished by this chapter. (Ord. 04-032 § 1, 2004; Ord. 34 § 6, 2003). 5.05.070 Violation – Penalty. Any person, as defined herein, and the officers, directors, managing agents, or partners of any cor- poration, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be subject to a Class 2 civil infraction pursuant to Chapter 7.80 RCW. (Ord. 04-032 § 1, 2004; Ord. 34 § 7, 2003). Chapter 5.10 ADULT ENTERTAINMENT ESTABLISHMENTS Sections: 5.10.010 Definitions. 5.10.020 License required. 5.10.030 License prohibited to certain classes. 5.10.040 Applications. 5.10.050 Adult entertainment establishment manager and entertainer licenses. 5.10.080 Standards of conduct, personnel, and operation of adult entertainment establishments. 5.10.090 Premises – Specifications. 5.10.100 License fees, term, expiration, assignment, and renewals. 5.10.110 Suspension or revocation of licenses. 5.10.120 Appeal and hearing. 5.10.150 Compliance by existing adult entertainment establishments. 5.10.160 Penalties. 5.10.170 Additional remedies. 5.10.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires oth- erwise. “Adult arcade device,” sometimes also known as “panoram,” “preview,” “picture arcade,” “adult arcade,” or “peep show,” means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a graphic pic- ture, view, film, videotape, or digital display of specified sexual activities or sexual conduct. All such devices are denominated under this chapter by the term “adult arcade device.” The term “adult arcade device” as used in this chapter does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. “Adult arcade establishment” means a commer- cial premises, or portion of any premises, to which a member of the public is invited or admitted and where adult arcade stations or adult arcade devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of speci- fied sexual activities or sexual conduct to a mem- ber of the public on a regular basis or as a substantial part of the premises activity. “Adult arcade station” means any enclosure where a patron, member, or customer would ordi- narily be positioned while using an adult arcade Spokane Valley Municipal Code 5.10.010 5-4.1 (Revised 3/12) device. “Adult arcade station” refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, or digital display of specified sexual activities or sex- ual conduct is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending to the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment pro- vided by the arcade device, and not open to any person other than employees. “Adult entertainment establishment” collec- tively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. “Applicant” means the individual or entity seek- ing an adult entertainment establishment license. “Applicant control person” means all partners, corporate officers and directors and other individu- als in the applicant’s business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment. “Employee” means a person, including a man- ager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establish- ment. “Entertainer” means any person who provides live adult entertainment within an adult entertain- ment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. “Hearing examiner” means the individual desig- nated by the city council who has the powers and duties as set forth in SVMC 18.20.030 or his/her designee. “Licensing administrator” means the commu- nity development director and his/her designee(s) and is the person designated to administer this chapter. In the event of any appeal to the hearing examiner under this chapter, the licensing adminis- trator shall prepare and/or ensure the submittal of the department reports required under SVMC 17.90.060(A) and Appendix B, Section C. “Liquor” means all beverages defined in RCW 64.04.010. “Live adult entertainment” means: 1. An exhibition, performance or dance con- ducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include but is not limited to performances commonly known as “strip tease”; 2. An exhibition, performance or dance con- ducted in a commercial premises where the exhibi- tion, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, or simulation of or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or 3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed directly or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. “Live adult entertainment establishment” means a commercial premises to which a member of the public is invited or admitted and where an enter- tainer provides live adult entertainment, in a setting which does not involve adult arcade stations or devices, to a member of the public on a regular basis or as a substantial part of the premises activity. “Manager” means a person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult enter- tainment establishment. “Member of the public” means a customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. “Nude” or “seminude” means a state of com- plete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. The words “open to the public room so that the area inside is fully and completely visible to the manager” mean that there may be no door, curtain, partition, or other device extending from the top 5.10.020 (Revised 3/12)5-4.2 and/or any side of the door frame of an arcade sta- tion, so that all portions of every arcade station and all of the activity and all occupants inside every arcade station are fully and completely visible at all times by direct line of sight to persons in the adja- cent public room, including the manager. “Operator” means a person operating, conduct- ing or maintaining an adult entertainment estab- lishment. “Person” means an individual, partnership, cor- poration, trust, incorporated or unincorporated association, marital community, joint venture, gov- ernmental entity, or other entity or group of per- sons however organized. “Premises” means the land, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult enter- tainment establishment. “Sexual conduct” means acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. A penetration of the vagina or anus, how- ever slight, by an object; or 3. A contact between persons involving the sex organs of one person and the mouth or anus of another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. “Specified sexual activities” refers to the fol- lowing: 1. Human genitals in a state of sexual stimu- lation or arousal; 2. Acts of human masturbation, sexual inter- course, sodomy, oral copulation, or bestiality; or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. “Transfer of ownership or control” of an adult entertainment establishment means any of the fol- lowing: 1. The sale, lease or sublease of the business; 2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; 3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or 4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 12-004 § 1, 2012; Ord. 10-006 § 3, 2010). 5.10.020 License required. A. A person may not conduct, manage or oper- ate an adult entertainment establishment unless the person is the holder of a valid license obtained from the City. B. An entertainer, employee, or manager may not knowingly work in or about, or knowingly per- form a service or entertainment directly related to the operation of, an unlicensed adult entertainment establishment. C. An entertainer may not perform in an adult entertainment establishment unless the person is the holder of a valid license obtained from the City. D. A manager may not work in an adult enter- tainment establishment unless the person is a holder of a valid license obtained from the City. (Ord. 10-006 § 4, 2010). 5.10.030 License prohibited to certain classes. No license shall be issued to: A. A natural person who has not attained the age of 21 years, except that a license may be issued to a person who has attained the age of 18 years with respect to adult entertainment establishments where no intoxicating liquors are served or pro- vided; B. A person whose place of business is con- ducted by a manager or agent, unless the manager or agent has obtained a manager’s license; C. A partnership, unless all the members of the partnership are qualified to obtain a license. The license shall be issued to the manager or agent of the partnership; D. A corporation, unless all the officers and directors of the corporation are qualified to obtain a license. The license shall be issued to the man- ager or agent of the corporation. (Ord. 10-006 § 5, 2010). 5.10.040 Applications. A. Adult Entertainment Establishment License. 1. An application for an adult entertainment establishment license must be submitted to the licensing administrator in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and must be signed by the person and certified as true under the penalty of perjury. An application must be sub- mitted on a form supplied by the licensing admin- Spokane Valley Municipal Code 5.10.040 5-4.3 (Revised 8/11) istrator, which must require the following information: a. For the applicant and for each applicant control person, provide: names, any aliases or pre- vious names, driver’s license number, if any, Social Security number, if any, and business, mail- ing, and residential addresses, and business tele- phone number; b. If a partnership, whether general or lim- ited; and if a corporation, date and place of incor- poration; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the reg- istered agent for service of process; c. Whether the applicant or a partner, cor- porate officer, or director of the applicant holds another license under this chapter, or a license for similar adult entertainment or sexually oriented business from another city, county or state and, if so, the name and address of each other licensed business; d. A summary of the business history of the applicant and applicant control persons in own- ing or operating the adult entertainment or other sexually oriented business, providing names, addresses and dates of operation for such busi- nesses, and whether any business license or adult entertainment license has been revoked or sus- pended and the reason for the revocation or suspen- sion; e. For the applicant and all applicant con- trol persons, all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition; f. For the applicant and all applicant con- trol persons, a description of business, occupation or employment history for the three years immedi- ately preceding the date of the application; g. Authorization for the City of Spokane Valley, and its agents and employees to seek infor- mation to confirm any statements set forth in the application; h. The location and doing-business-as name of the proposed adult entertainment estab- lishment, including a legal description of the prop- erty, street address, and telephone number, together with the name and address of each owner and lessee of the property; i. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face; j. A complete set of fingerprints for the applicant and each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency; k. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms, adult arcade stations and adult arcade devices, overhead lighting fixtures, walls and doorways, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment must include building plans that demonstrate conformance with all applicable building code requirements. Upon request, a prelicensing conference will be scheduled with the licensing administrator, or his/her designee, and pertinent government depart- ments to assist the applicant in meeting the regula- tions and provisions of this chapter, as well as the other City code provisions. No alteration of the configuration of the interior of the adult entertain- ment establishment or enlargement of the floor space occupied by the premises may be made after obtaining a license, without the prior approval of the licensing administrator or his/her designee. Approval for such enlargement may only be granted if the premises and proposed enlargement first meet the qualifications and requirements of this chapter, all other City code provisions, and all other applicable statutes or laws. 2. An application will be deemed complete upon the applicant’s submission of all information requested in subsection (A)(1) of this section, including the identification of “none” where that is the correct response. The licensing administrator may request other information or clarification in addition to that provided in a complete application if necessary to determine compliance with this chapter. 3. A nonrefundable license fee must be paid at the time of filing an application in order to defray the costs of processing the application. 4. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true. 5. If, subsequent to the issuance of an adult entertainment establishment license for a business, 5.10.040 (Revised 8/11)5-4.4 a person or entity acquires a significant interest based on responsibility for management or opera- tion of the business, notice of such acquisition shall be provided in writing to the licensing administra- tor, no later than 21 calendar days following the acquisition. The notice required must include the information required for the original adult enter- tainment establishment license application. 6. The adult entertainment establishment license, if granted, must state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult entertainment establishment. The license must be posted in a con- spicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read when the business is open. 7. A person granted an adult entertainment establishment license under this chapter may not operate the adult entertainment establishment under a name not specified on the license, nor may a person operate an adult entertainment establish- ment or any adult arcade device under a designa- tion or at a location not specified on the license. 8. Upon receipt of the complete application and fee, the licensing administrator shall provide copies to the police, fire and planning departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 15 days of the date of such applica- tion, inspect the application and premises and shall make a written report to the licensing administrator whether such application and premises comply with the laws administered by each department. A license may not be issued unless each department reports that the applicant and premises comply with the relevant laws. If the premises are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the draw- ings submitted in the application. An adult enter- tainment establishment license approved before the premises construction is undertaken must con- tain a condition that the premises may not open for business until the premises have been inspected and determined to be in conformance with the drawings submitted with the application. The police, fire, and planning departments shall recom- mend denial of a license under this subsection if any of them find that the proposed adult entertain- ment establishment is not in conformance with the requirements of this chapter or other applicable law. The department shall cite in a recommenda- tion for denial the specific reason for the recom- mendation, including applicable laws. 9. No adult entertainment establishment license may be issued to operate an adult entertain- ment establishment in a location which does not meet the requirements set forth in Chapter 19.80 SVMC unless otherwise exempt. 10. The exterior design and/or signs of the adult entertainment establishment must meet the requirements set forth in Chapter 22.110 SVMC. 11. The licensing administrator shall issue and mail to the applicant an adult entertainment establishment license within 30 calendar days of the date of filing a complete license application and fee, unless the licensing administrator determines that the applicant has failed to meet any of the requirements of this chapter, or failed to provide any information required under this section, or that the applicant has made a false, misleading or fraud- ulent statement of material fact on the application for a license. The licensing administrator shall grant an extension of time in which to provide all information required for a complete license appli- cation upon the request of the applicant. 12. If the licensing administrator finds that the applicant has failed to meet any of the require- ments for issuance of an adult entertainment estab- lishment license, the licensing administrator shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the licensing administrator fails to issue or deny the license within 30 calendar days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the licensing administrator that the license has been denied, but in no event may the licensing adminis- trator extend the applicant review time for more than an additional 20 days. B. Adult Arcade Device License. In addition to the provisions set forth in subsection A of this sec- tion, the following conditions apply to adult arcade establishments: 1. It is unlawful to exhibit or display to the public any adult arcade device, or to operate any adult arcade station within any adult arcade estab- lishment without first obtaining a license for each such device for a specified location or premises from the City, to be designated an “adult arcade device license.” 2. The adult arcade device license shall be securely attached to each such device, or the arcade Spokane Valley Municipal Code 5.10.050 5-4.5 (Revised 8/11) station, in a conspicuous place. (Ord. 11-010 § 2 (Exh. A), 2011; Ord. 10-006 § 6, 2010). 5.10.050 Adult entertainment establishment manager and entertainer licenses. A. A person may not work as a manager, assis- tant manager or entertainer at an adult entertain- ment establishment without a manager’s or an entertainer’s license from the licensing administra- tor. An applicant for a manager’s or entertainer’s license must complete an application on forms pro- vided by the licensing administrator containing the information identified in this subsection. A nonre- fundable license fee must accompany the applica- tion. The licensing administrator shall provide a copy of the application to the police department for its review, investigation and recommendation. An application for a manager’s or entertainer’s license must be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application must require the following information: 1. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by the police department (or such other entity as authorized by the police department or licensing administrator), Social Security number, and any stage names or nick- names used in entertaining; 2. The name and address of each adult enter- tainment establishment at which the applicant intends to work; 3. Documentation that the applicant has attained the age of 18 years. Any two of the follow- ing are acceptable as documentation of age: a. A motor vehicle operator’s license issued by any state bearing the applicant’s photo- graph and date of birth; b. A state-issued identification card bear- ing the applicant’s photograph and date of birth; c. An official passport issued by the United States of America; d. An immigration card issued by the United States of America; or e. Any other identification that the licens- ing administrator determines to be acceptable and reliable; 4. A complete statement of all convictions of the applicant for any misdemeanor or felony viola- tions in the jurisdiction or any other city, county or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions; 5. A description of the applicant’s principal activities or services to be rendered at the adult entertainment establishment; 6. Two two-inch by two-inch color photo- graphs of applicant, taken within six months of the date of application showing only the full face; 7. Authorization for the City, its agents and employees to investigate and confirm any state- ments in the application. B. Every entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the City, its agents, and employees, at any time during business hours of the adult entertainment establishment. C. The licensing administrator may request additional information or clarification when neces- sary to determine compliance with this chapter. D. The contents of an application for an enter- tainer’s license and any additional information submitted by an applicant for an entertainer’s license are confidential and will remain confiden- tial to the extent authorized by Chapter 42.56 RCW and other applicable law. Nothing in this subsec- tion prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes. E. The licensing administrator shall issue and mail to the applicant an adult entertainment estab- lishment manager’s or entertainer’s license within 14 calendar days from the date the complete appli- cation and fee are received unless the licensing administrator determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of mate- rial fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the licensing administrator deter- mines that the applicant does not qualify for the license applied for, the licensing administrator shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. F. An applicant for an adult entertainment establishment manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Such tem- porary license shall automatically expire on the fourteenth calendar day following the filing of the complete license application and fee unless the licensing administrator has failed to approve or 5.10.080 (Revised 8/11)5-4.6 deny the license application, in which case the tem- porary license shall be valid until the licensing administrator approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the licensing administrator extend the application review time for more than an additional 20 calen- dar days. (Ord. 10-006 § 7, 2010). 5.10.080 Standards of conduct, personnel, and operation of adult entertainment establishments. A. All employees of an adult entertainment establishment must adhere to the following stan- dards of conduct while in any area in which a mem- ber of the public is allowed to be present: 1. An employee may not be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the pub- lic. 2. An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering that simulates the same. 3. An employee mingling with a member of the public may not wear or use any device or cov- ering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the pubic region, or buttocks. 4. An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or per- mit a member of the public to caress, fondle or erotically touch that employee. 5. An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington moral nui- sance statute, or any provision regulating offenses against public morals. 6. An employee mingling with a member of the public may not conduct any dance, perfor- mance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibi- tion is performed. The distance of four feet is mea- sured from the torso of the dancer to the torso of the member of the public. 7. A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition pro- vided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult entertainment establish- ment or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the live adult enter- tainment establishment must be placed into the hand of the entertainer or into a receptacle pro- vided by the entertainer, and not upon the person or into the clothing of the entertainer. B. This chapter does not prohibit: 1. Plays, operas, musicals, or other dramatic works that are not obscene; 2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or 3. Exhibitions, performances, expressions or dances that are not obscene. The exemptions in this subsection B do not apply to sexual conduct defined in this chapter or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii). Whether or not activ- ity is obscene shall be judged by consideration of the standards set forth in RCW 7.48A.010(2). C. At an adult entertainment establishment the following are required: 1. Admission must be restricted to persons of the age of 18 years or older. An owner, operator, manager or other person in charge of the adult entertainment establishment may not knowingly permit or allow any person under the age of 18 years to be in or upon the premises whether as an owner, operator, manager, patron, member, cus- tomer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment establishment. Spokane Valley Municipal Code 5.10.080 5-4.7 (Revised 9/10) 2. Neither the performance of any live adult entertainment, nor any display of specified sexual activities or sexual conduct, nor any photograph, drawing, sketch or other pictorial or graphic repre- sentation of any such performance, activities and/or conduct may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment establishment. 3. A member of the public may not be per- mitted at any time to enter into any of the nonpub- lic portions of the adult entertainment establishment, which includes but is not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person deliv- ering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to per- form the person’s job duties. 4. Restrooms may not contain video repro- duction equipment and/or adult arcade devices and each restroom may not be occupied by more than one person at any time. 5. All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the adult arcade station walls or one foot from the bottom of adult arcade station walls. There may not be any other holes or openings between the adult arcade stations. 6. No adult arcade station may be occupied by more than one person at any time. Any chair or other seating surface within an adult arcade station shall not provide a seating surface of greater than 18 inches in either length or width. Only one such chair or other seating surface shall be placed in any adult arcade station. No person may stand or kneel on any such chair or other seating surface. 7. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade establishments a sign stating substantially the following: OCCUPANCY OF ANY STATION (VIEW- ING ROOM) IS AT ALL TIMES LIMITED TO ONE PERSON. THERE MAY BE NO CRIMINAL ACTIVI- TY IN THE STATIONS, OR ANYWHERE ELSE ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EX- PLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS, INDECENT EXPO- SURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT, AS DEFINED HEREIN. VIOLATORS ARE SUBJECT TO CRIMI- NAL PROSECUTION. Each sign must be conspicuously posted and not screened from the patron’s view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height. 8. When doors are permitted in areas of the adult entertainment establishment that are avail- able for use by persons other than the owner, man- ager, operator, or their agents or employees, those doors may not be locked during business hours. 9. No person may engage in any conduct, or operate or maintain any warning system or device of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent con- tractors, or any other persons in the adult entertain- ment establishment, that police officers or county health, code enforcement, fire, licensing, or build- ing inspectors are approaching or have entered the premises. 10. No person in an adult entertainment establishment may masturbate, or expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, penis, vulva or genitals. D. The responsibilities of the manager of an adult entertainment establishment shall include: 1. A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license. 2. The licensed manager on duty shall not be an entertainer. 3. The manager licensed under this chapter shall maintain visual observation from a manager’s station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult enter- tainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is 5.10.090 (Revised 9/10)5-4.8 unable to visually observe, at all times, each enter- tainer, each employee and each member of the pub- lic, a manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult enter- tainment establishment. All adult arcade stations must open to the public room so that the area inside is fully and completely visible to the manager. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the manager’s view of any por- tion of the activity or occupants of the adult enter- tainment establishment. 4. The manager shall be responsible for and shall ensure that the actions of members of the pub- lic, the adult entertainers, and all other employees shall comply with all requirements of this chapter. (Ord. 10-006 § 8, 2010). 5.10.090 Premises – Specifications. A. Live Adult Entertainment Establishment Premises. The performance area of the live adult entertainment establishment where adult entertain- ment is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the per- formance area must be installed on the floor of the premises to separate the performance area and the public seating areas. The stage and the entire inte- rior portion of all rooms or other enclosures wherein the live adult entertainment is provided must be visible from the common areas of the pre- mises and from at least one manager’s station. Vis- ibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstruc- tions. B. Adult Arcade Entertainment Establishment Premises. All adult arcade stations must open to the public room so that the area inside is fully and completely visible by direct line of sight to the manager. All adult arcade stations shall be main- tained in a clean and sanitary condition at all times. All floors, walls and ceilings shall consist only of hard, cleanable surfaces. All adult arcade stations shall be thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially infectious materials (including, without limitation, semen, blood and vaginal secre- tions), but at least once daily. A record of such cleaning, listing the date and time, shall be posted in each adult arcade station. Any such potentially infectious materials, together with any cleaning rags, cloths or other implements, and any condoms, needles, or other items that may contain such potentially infectious materials, shall be placed in a properly labeled medical waste bag and disposed of pursuant to applicable laws or regulations. C. Lighting. Sufficient lighting must be pro- vided and equally distributed throughout the public areas of the entertainment establishment so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, is required for all areas of the adult entertainment establishment where members of the public are permitted. D. Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult enter- tainment establishment stating the following: THIS ADULT ENTERTAINMENT ESTAB- LISHMENT IS REGULATED BY THE LAWS OF THE CITY OF SPOKANE VAL- LEY. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. B. NOT PERMITTED TO APPEAR SEMI- NUDE OR NUDE, EXCEPT ON STAGE. C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE. D. NOT PERMITTED TO ACCEPT TIPS DI- RECTLY FROM PATRONS WHILE PER- FORMING UPON ANY STAGE AREA OR IN ANY ARCADE STATION OR BOOTH. E. Recordkeeping Requirements. All papers, records and documents required to be kept pursu- ant to this chapter must be open to inspection by the licensing administrator during the hours when the licensed premises are open for business, upon two days’ written notice to the licensee. An adult entertainment establishment shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises as Spokane Valley Municipal Code 5.10.110 5-4.9 (Revised 9/10) an entertainer, including independent contractors and their employees. The purpose of the inspection shall be to determine whether the papers, records and documents meet the requirements of this chap- ter. F. Inspections. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable City ordinances and the laws of the United States and of the state of Washington. The premises must meet the require- ments of all applicable laws, ordinances, and regu- lations including but not limited to the International Building Code and the City’s zoning code. All premises and devices must be inspected prior to issuance of a license. Upon request, the licensing administrator will schedule a prelicensing conference with all perti- nent City departments to assist the applicant in meeting the regulations and provisions of this chapter. In order to ensure compliance with this chapter, all areas of a licensed adult entertainment estab- lishment that are open to members of the public must be open to inspection by agents and employ- ees of the jurisdiction during the hours when the premises are open for business. The purpose of such inspections must be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is expressly declared that unannounced inspections of adult entertainment establishments are necessary to ensure compliance with this chapter. G. Hours of Operation. An adult entertainment establishment may not be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 10-006 § 9, 2010). 5.10.100 License fees, term, expiration, assignment, and renewals. A. A license issued under this chapter expires on the thirty-first day of December of each year. A license fee may not be prorated, except that if the original application is made subsequent to June 30th, then one-half of the annual fee may be accepted for the remainder of such year. B. Application for renewal of a license issued under this chapter must be made to the licensing administrator no later than 30 calendar days before the expiration for an adult entertainment establish- ment license, and no later than 14 calendar days before the expiration for an adult entertainment establishment manager’s and entertainer’s license. The licensing administrator shall issue the renewal license in the same manner and on payment of the same fees as for an original application under this chapter. The licensing administrator shall assess and collect an additional fee, computed as a per- centage of the license fee, on an application not made on or before such date, as follows: C. The licensing administrator shall renew a license upon application unless the licensing administrator is aware of facts that would disqual- ify the applicant from being issued the license for which he or she seeks renewal; and further pro- vided, that the application complies with all the provisions of this chapter as now enacted or as the same may hereafter be amended. D. License fees shall be adopted by the city council through a separate resolution. E. Adult entertainment establishments which offer both live adult entertainment and adult arcade devices or stations shall be required to pay the fees associated with both live adult entertainment estab- lishments and adult arcade establishments. F. Licenses issued under this chapter may not be assigned or transferred to other owners, opera- tors, managers, entertainers, premises, devices, persons or businesses. G. A reinspection fee equal to the amount in effect for original application for any license shall be charged if the applicant requests approval for a proposed enlargement or alteration of the interior of the adult entertainment establishment, or if the applicant requests the licensing administrator make an inspection of the premises in addition to the usual prelicensing inspection. (Ord. 10-006 § 10, 2010). 5.10.110 Suspension or revocation of licenses. The license administrator may, upon 14 calen- dar days’ written notice delivered to the license holder, temporarily suspend or permanently revoke any license issued pursuant to this chapter where one or more of the following conditions exist: A. The license application, or any report or record required to be filed with the City, includes one or more false, misleading, or fraudulent state- ments of material fact; or Calendar Days Past Due Percent of License Fee 7 – 30 25% 31 – 60 50% 61 and over 75% 5.10.120 (Revised 9/10)5-4.10 B. The building, structure, equipment or loca- tion of the business for which the license was issued does not comply with the requirements or standards of the chapter, the applicable building or zoning codes, or other applicable law; or C. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted, in or upon the premises of any adult entertainment establishment, any viola- tions of this chapter or acts made unlawful under this chapter. (Ord. 10-006 § 11, 2010). 5.10.120 Appeal and hearing. Any person aggrieved by the action of the license administrator in refusing to issue or renew any license under this chapter, or in temporarily suspending or permanently revoking any license under this chapter, shall have the right to appeal such action to the City’s hearing examiner under SVMC 17.90.040 through 17.90.060, except to the extent that such sections relate only to land use matters under this code. Notwithstanding the pro- visions of SVMC 17.90.060(A) and Appendix B, Section E, all testimony at any hearing affecting a license under this chapter shall be taken under oath. The filing of such appeal shall stay the action of the license administrator. Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the Spokane County superior court by writ of certiorari filed and served upon the City within 14 calendar days after the date of the hear- ing examiner’s decision. The filing of such appeal shall stay the action of the hearing examiner. (Ord. 10-006 § 12, 2010). 5.10.150 Compliance by existing adult entertainment establishments. Any adult entertainment establishment lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of the specifications for the premises of adult entertain- ment establishments set forth in SVMC 5.10.090 must correct any configuration and bring the adult entertainment establishment into full compliance with those premises specifications not later than 90 calendar days after the effective date of the ordi- nance codified in this chapter. All other provisions of this chapter are operative and enforceable on the effective date. (Ord. 10-006 § 13, 2010). 5.10.160 Penalties. A person violating this chapter is guilty of a mis- demeanor. Any person violating any of the provi- sions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, authorized, or permitted; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of law enforce- ment. All violations of this chapter are hereby determined to be detrimental to the public health, safety and general welfare and are hereby declared public nuisances. (Ord. 10-006 § 14, 2010). 5.10.170 Additional remedies. Any license issued under this chapter shall be subject to the rules of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the applicable rules of the Washington State Liquor Control Board, the rules of the Washington State Liquor Control Board shall govern. The remedies provided herein for violations of the provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. An adult entertainment establishment operated or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nui- sance, is unlawful and a public and moral nuisance, and the City may in addition to any other remedies commence an action to enjoin, abate or remove any such nuisance. (Ord. 10-006 § 15, 2010). 5-5 (Revised 2/10) Spokane Valley Municipal Code 5.15.040 Chapter 5.15 SPECIAL EVENTS Sections: 5.15.010 Definitions. 5.15.020 Permit – Required. 5.15.030 Permit – Application – Fee. 5.15.035 Permit – Exceptions. 5.15.040 Permit – Application – Contents. 5.15.050 Permit – Application – Filing. 5.15.060 Bond required. 5.15.070 Insurance required – Hold harmless/indemnification. 5.15.080 Permit – Issuance standards. 5.15.090 Traffic control. 5.15.100 Appeal procedure. 5.15.110 Permit revocation or suspension. 5.15.120 Rules and policy. 5.15.130 Violation – Penalty. 5.15.010 Definitions. A. “Applicant” means the person, firm or entity making application for a permit. B. “City manager” shall mean the city manager or his/her designee. C. “Parade” means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traf- fic regulations or controls. D. “Run” means an organized procession or race consisting of people, bicycles, or other vehic- ular devices or combination thereof upon the pub- lic street or sidewalk. E. “Public property” means a street or other public place (i.e., park) under the control and authority of the City. F. “Private event” means an event which uses public property for the purpose of monetary or per- sonal gain by any person, partnership, group, orga- nization, company or corporation or which is closed to the general public. G. “Special event” means: 1. Any activity of a temporary nature on pub- lic property which affects the ordinary use of pub- lic rights-of-way, public parking lots, public parks, intersections, sidewalks or streets, or which would significantly impact the need for City-provided emergency services such as police, fire or medical aid, for purposes which include, but are not limited to, parades, walks/runs, street dances, fundraisers, sales, auctions, bikeathons, shows or exhibitions, filming/movie events, carnivals, circuses, car shows, horse shows, fairs and block parties, or other activity, demonstration or exhibition; or 2. Any activity, function, or event, which is open to the general public, where 200 or more peo- ple are estimated to attend; or 3. A private event. H. “Street” or “streets” means any public road- way, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. I. “Street dance” means any organized dance on any public street, public sidewalk or publicly owned parking lot. (Ord. 09-038 § 1, 2009; Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 04- 028 § 1, 2004; Ord. 64 § 1, 2003). 5.15.020 Permit – Required. No person shall conduct a special event upon public property unless a permit has been obtained from the parks and recreation director. (Ord. 08- 013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 2, 2003). 5.15.030 Permit – Application – Fee. The fee for a special event shall be determined by resolution. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 3, 2003). 5.15.035 Permit – Exceptions. The following activities are exempt from the requirement to obtain a special events permit, although such activities must still comply with all other applicable laws: A. A funeral procession by a licensed mortuary; B. Activities conducted by a governmental agency acting within the scope of its authority; and C. Lawful picketing on sidewalks. (Ord. 08- 013 § 2, 2008). 5.15.040 Permit – Application – Contents. The application for a special event permit shall include the following: A. The name, address, and telephone number of the applicant and any event organizer, if different than the applicant; B. A certification that the applicant will be financially responsible for any City fees or costs that may be imposed for the special event, includ- ing the posting of the bond required in SVMC 5.15.060, and compliance with the insurance requirements in SVMC 5.15.070; C. A certification that the applicant will comply with the hold harmless and indemnification provi- sions in SVMC 5.15.070; 5.15.050 (Revised 2/10)5-6 D. If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such orga- nization: 1. Authorizing the applicant to apply for the special event permit on its behalf; 2. Certifying that the applicant will be finan- cially responsible for any costs or fees that may be imposed for the special event; 3. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt non- profit organization; E. A statement of the purpose of the special event; F. The proposed location for the special event; G. Dates and times when the special event is to be conducted; H. The approximate times when assembly for, and disbanding of, the special event is to take place; I. The proposed locations of the assembly or production area; J. The specific proposed site or route, including a map and written narrative of the route; K. The proposed site of any reviewing stands; L. The proposed site for any disbanding area; M. Proposed alternate routes, sites or times, where applicable; N. The approximate number of persons, ani- mals or vehicles that will constitute the special event; O. The kinds of animals anticipated to be part of the special event; P. A description of the types of vehicles to be used in the special event; Q. The number of bands or other musical units and the nature of any equipment to be used to pro- duce sounds or noise; R. The number and location of portable sanita- tion facilities; S. Other equipment or services necessary to conduct the special event with due regard for par- ticipant and public health and safety; T. The number of persons proposed or required to monitor or facilitate the special event and pro- vide spectator or participant control and direction for special events using City streets, sidewalks, or facilities; U. Provisions for first aid or emergency medi- cal services, or both, based on special event risk factors; V. Insurance and surety bond information; W. Any special or unusual requirements that may be imposed or created by virtue of the pro- posed special event activity; and X. Any other information required by the parks and recreation director. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 4, 2003). 5.15.050 Permit – Application – Filing. A completed application for a special event per- mit shall be filed with the parks and recreation director at least four weeks before the date on which the event will occur. The parks and recre- ation director shall notify the applicant of approval or disapproval. (Ord. 09-038 § 1, 2009; Ord. 08- 013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 5, 2003). 5.15.060 Bond required. The parks and recreation director may require a cash deposit or performance bond as a guarantee that the public property will be cleaned and returned to the condition in which it was found. The amount shall not be less than $50.00 and no more than $1,000. The parks and recreation direc- tor shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, and the sponsor’s expe- rience. For an event where clean-up or other poten- tial expenses would likely exceed $1,000, the parks and recreation director shall refer the matter to the city council for consideration. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 6, 2003). 5.15.070 Insurance required – Hold harmless/indemnification. A. The applicant shall provide the City with a declaration page demonstrating proof of liability insurance with a combined single limit of $1,000,000 per occurrence, and $2,000,000 in aggregate or such other amounts as may be estab- lished by the City’s insurance carrier. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as an addi- tional named insured. Depending upon the nature of the special event and its risk to the public and private individuals, the parks and recreation direc- tor may increase or reduce the liability limits for a given event after consultation with the City’s insur- ance carrier. B. The applicant shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to Spokane Valley Municipal Code 5.15.130 5-6.1 (Revised 8/12) property, which arises out of the applicant’s event, or from any activity, work or thing done, permitted, or suffered by applicant which arises from the applicant’s event, except only such injury or dam- age as shall have been occasioned by the sole neg- ligence of the City. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 7, 2003). 5.15.080 Permit – Issuance standards. The parks and recreation director shall not issue a special event permit if: A. The time, route, or size of the event will unreasonably disrupt the movement of traffic along streets; B. The size or nature of the event requires supervision by a significant number of police offic- ers that causes unreasonable expense or diversion of police duties; C. The applicant has failed to remit all fees, documents, or proof of bonds; D. The applicant has failed to conduct a previ- ously authorized special event in accordance with law or the terms of a permit, or both; E. The police department or City traffic engi- neer fails to sign the permit due to traffic or other safety concerns; F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or facilities; G. The applicant has not provided sufficient off-site parking or shuttle service, or both, when required to minimize substantial adverse impacts on general parking and traffic circulation caused by the event; H. The special event will substantially interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled special events or governmental functions; I. The special event would block traffic lanes or close streets during peak commuter hours on week- days between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials by the City’s public works department. (Ord. 12-012 § 1, 2012; Ord. 10-024 § 2, 2010; Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 8, 2003). 5.15.090 Traffic control. The parks and recreation director may require any reasonable and necessary traffic control with the applicant responsible for the expense. The parks and recreation director shall notify the appli- cant of any City-projected traffic control expense and collect this amount before a permit is issued. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 9, 2003). 5.15.100 Appeal procedure. Upon denial of a permit by the parks and recre- ation director, an applicant may appeal to the city council by filing a written notice of the appeal within 10 days from the parks and recreation direc- tor’s decision. Upon such appeal, the city council may reverse, affirm, or modify the parks and recre- ation director’s determination. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 10, 2003). 5.15.110 Permit revocation or suspension. The special event permit issued under this chap- ter is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the parks and recreation director if: A. The applicant has made a misstatement of material fact in the information supplied; B. The applicant has failed to fulfill a term or condition of the permit in a timely manner; C. The applicant requests the cancellation of the permit or cancels the event; D. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property; E. The activity conducted is in violation of any of the terms or conditions of the special event per- mit; F. An emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or G. The applicant fails to prepay expenses. The City shall refund the permit fee in the event of revocation caused by an emergency or superven- ing occurrence. All other refunds shall be at the discretion of the parks and recreation director. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 11, 2003). 5.15.120 Rules and policy. To implement the special event permit, the parks and recreation director may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 12, 2003). 5.15.130 Violation – Penalty. Violation of this chapter is a class 1 civil infrac- tion. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 13, 2003). (Revised 8/12)5-6.2 This page intentionally left blank. Spokane Valley Municipal Code 5.20.050 5-7 (Revised 3/12) Chapter 5.20 PAWNBROKERS Sections: 5.20.010 Pawnbrokers defined. 5.20.020 Age restrictions. 5.20.030 License period. 5.20.040 Records required. 5.20.050 Records inspection and maintenance. 5.20.060 Records to be provided to city police department. 5.20.070 Pawn tickets. 5.20.080 Time limit before sale of property. 5.20.090 Police department duties. 5.20.100 Pawnbrokers duties regarding lost or stolen property. 5.20.110 Time for holding property prior to sale. 5.20.120 License application. 5.20.130 Violation constitutes a misdemeanor. 5.20.140 Repealed. 5.20.010 Pawnbrokers defined. A “pawnbroker” as used herein is any person, association or corporation engaged, in whole or in part, in the business of loaning money on the secu- rity of pledges, deposits or conditional sales of per- sonal property. (Ord. 05-017 § 2, 2005). 5.20.020 Age restrictions. It is unlawful for any person, association or cor- poration to operate as a pawnbroker without first obtaining a license pursuant to the provisions of this chapter; provided, that no such license shall be granted or issued to any person under the age of 18 years or to any association or corporation whose managing agent is under the age of 18 years. (Ord. 05-017 § 2, 2005). 5.20.030 License period. A license required under this chapter shall be valid from the time it is issued and shall expire on December 31st of the year the license is issued. Pawnbrokers’ licenses shall be issued by the Spo- kane Valley police department. (Ord. 05-017 § 2, 2005). 5.20.040 Records required. It shall be the duty of every pawnbroker doing business in the City to maintain at his or her place of business a permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record thereof con- taining: A. The date of the transaction; B. The name of the person or employee con- ducting the same; C. The name, age, sex, date of birth, street and house number, and a general description of the height, weight, race, color of hair and eyes of the person with whom the transaction is had; D. The name and street and house number of the owner of the property bought or received in pledge; E. The street and house number of the place from which the property bought or received in pledge was last removed; F. A description of the property bought or received in pledge, which in the case of watches shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon, and in the case of all other personal property the serial number of all articles so marked and any inscriptions or identifying marks, as well as the brand or manufacturer’s name; G. The amount of money loaned or paid for the property; H. The type and identifying number of identifi- cation used by the person with whom the transac- tion was made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; I. A digital photograph of the person(s) with whom each transaction is made. The digital photo- graph must be with a digital camera producing at least 2.0 megapixel quality images. The digital photograph shall include the person(s) face, and be taken from no more than five feet from the per- son(s); and J. The number of any pawn ticket issued there- for. (Ord. 05-017 § 2, 2005). 5.20.050 Records inspection and maintenance. The records required by SVMC 5.20.040, and all personal property received by a pawnbroker, shall be open to inspection of a representative of the city police department during regular business hours if regular hours are kept, or upon 12 hours’ notice if regular hours are not kept. Said records 5.20.060 (Revised 3/12)5-8 shall be maintained and available for inspection by the licensee for a period of three years from the date of the last transaction recorded therein. (Ord. 05-017 § 2, 2005). 5.20.060 Records to be provided to city police department. Each person, association, or corporation regu- lated by this chapter has an affirmative duty to fur- nish a full, true and correct transcript of the records of transactions conducted on the preceding day. This requirement is for the records required by SVMC 5.20.040. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the city police department. This information shall be transmitted to the city police department electronically, or by modem or similar device, or by delivery of a com- puter storage device such as a disk, CD-ROM or other similar device, subject to the requirements of, or approval by, the city police department. (Ord. 05-017 § 2, 2005). 5.20.070 Pawn tickets. Every pawnbroker shall issue pawn tickets for any property received by him/her as a pledge or security for a loan, which ticket shall be considered a receipt for such property. Tags shall be attached to all such property, and upon each tag shall be written in legible figures a number which shall cor- respond to the number on the pawn ticket issued for said property. (Ord. 05-017 § 2, 2005). 5.20.080 Time limit before sale of property. No pawnbroker shall sell any property held by him/her as security for a loan until 90 days have expired from the time period of redemption has expired. (Ord. 05-017 § 2, 2005). 5.20.090 Police department duties. It shall be the duty of the city police department to furnish training to each pawnbroker, a copy of this chapter, and such forms and/or transmittal requirements as shall be required by the city police department under SVMC 5.20.060. The city police department shall enforce the provisions of this chapter, and maintain a record of all reports required hereunder, and shall periodically/regu- larly inspect the records of each pawnbroker. (Ord. 05-017 § 2, 2005). 5.20.100 Pawnbrokers duties regarding lost or stolen property. A. Duty to Hold Property When Advised by City Police Department. Following verbal or writ- ten notification from the city police department or other law enforcement agency with jurisdiction that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage, or commingling with other property. The pawnbroker shall immediately place an identifying tag or other suitable identifica- tion upon the property so held. Property under ver- bal hold shall not be released for 21 days from the date of notification by the applicable law enforce- ment agency. Property under a written hold shall not be released for 120 days from the date of noti- fication from the applicable law enforcement agency unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. B. Time Limit of Written Hold. The pawnbro- ker may give a 20-day written notice before the expiration of the 120-day holding period to the applicable law enforcement agency requesting release of the stolen property. If said notice is not received within 20 days by the applicable law enforcement agency, then the written hold on the property shall continue for an additional 120 days. C. Renewal of Hold. The city police depart- ment or other applicable law enforcement agency may renew the written hold period for an additional 120 days by submitting a new written request to hold the property prior to expiration of the original hold period. D. Criteria for Hold. The city police department shall not place a hold on any item unless it suspects that such item is lost or stolen. Any hold that is placed on an item will be removed as soon as prac- ticable after the item on hold is determined not to be stolen or lost. E. Seizure in Lieu of Police Hold. In lieu of a law enforcement hold identified in this section, any law enforcement officer, having probable cause to believe that any property taken by a pawnbroker by way of pledge, or purchase, or pawn or exchange is stolen property, may seize such item at any time. In the event of such a seizure, the pawnbroker shall be entitled to written receipt for the item from the seizing officer. (Ord. 05-017 § 2, 2005). 5.20.110 Time for holding property prior to sale. Every pawnbroker who receives personal prop- erty in pledge or as security for a loan shall hold Spokane Valley Municipal Code 5.20.140 5-9 (Revised 8/12) such property for redemption by the pledgor thereof for 90 days after the receipt of the property, and shall not sell or assign his interest therein dur- ing said redemption period. (Ord. 05-017 § 2, 2005). 5.20.120 License application. The application for a pawnbroker’s license shall be accompanied by the form of agreement to be used by the persons seeking loans, accompanied with a photo of the applicant and also by a copy of the certificate or ticket to be issued by the pawn- broker to persons accepting loans, and in addition to the provisions of this chapter, every applicant for a pawnbroker’s license shall comply with and be bound by the provisions of any other ordinance or provision of law not in conflict with this chapter and the general laws of the state of Washington relating to pawnbrokers. Each pawnbroker shall be required to obtain a City business registration. (Ord. 05-017 § 2, 2005). 5.20.130 Violation constitutes a misdemeanor. Every pawnbroker and every clerk, agent or employee of such pawnbroker is guilty of a misde- meanor who shall: A. Fail to make an entry of any material matter in his/her book or record kept as provided for in this chapter; or B. Make any false entry therein; or C. Falsify, obliterate, destroy, or remove from his/her place of business such record for three years following the date of the last recorded trans- action therein; or D. Refuse to allow the city police department to inspect any record that the pawnbroker is required to keep pursuant to this chapter; or E. Report any material matter falsely to the city police department; or F. Having forms provided therefor, shall fail before noon of each day to furnish the city police department with a full, true and correct transcript of the records required by SVMC 5.20.040 that occurred on the preceding day. Any transactions that occur on a Saturday or Sunday are to be reported on the next following Monday; or G. Fail to report forthwith to the city police department the possession of any property which he/she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and any identifying information on the person who brought such lost or stolen property to the pawnbroker; or H. Remove, or allow to be removed from his/her place of business, except upon redemption by the lawful owners thereof, any property received, during the redemption period as provided herein and/or for five days following the time the receipt thereof shall have been reported to the city police department; or I. Receive any property from any person under the age of 18 years, any person in a condition of apparent intoxication, or any known thief or receiver of stolen property, whether such person is acting on his/her own behalf or represents them- selves to be the agent of another; or J. Violate any provisions of this chapter or other ordinance of the City having application to the business or persons herein regulated. (Ord. 05- 017 § 2, 2005). 5.20.140 Grace period. Repealed by Ord. 12-004. (Ord. 05-017 § 2, 2005). 5.25.010 (Revised 8/12)5-10 Chapter 5.25 ALCOHOL ADVERTISING REGULATIONS Sections: 5.25.010 Alcohol advertising regulations. 5.25.010 Alcohol advertising regulations. Premises located within the City limits and licensed by the Washington State Liquor Control Board to sell alcohol are exempt from all provi- sions in Washington Administrative Code (WAC) 314-52-070(2) restricting the number and size of signs referring to alcoholic beverages, brand names, or manufacturers that are affixed or hang- ing in the windows and on the outside of the pre- mises. Premises so licensed remain subject to the sign regulations contained in Chapter 22.110 SVMC. All other provisions of WAC 314-52-070 shall remain in effect. As used herein, the term “premises” shall be as defined in WAC 314-01-005 and used in WAC 314-52-070. (Ord. 12-010 § 1, 2012). 6-1 Title 6 PARKS Chapters: 6.05 Park Regulations 6-3 (Revised 2/10) Spokane Valley Municipal Code 6.05.050 Chapter 6.05 PARK REGULATIONS Sections: 6.05.010 Definitions. 6.05.020 Purpose. 6.05.030 Hours of operation. 6.05.040 Facility and outdoor field lights. 6.05.050 Special event permits. 6.05.060 Sale of goods or services. 6.05.070 Rules governing use of City parks and facilities. 6.05.080 Violation – Penalty. 6.05.090 Rules governing use of City parks and facilities – Violation a misdemeanor. 6.05.100 Violation – Penalty. 6.05.110 Administrative sanctions. 6.05.120 Rules and policy. 6.05.010 Definitions. The following definitions shall be used in this chapter: “Alcoholic beverages” or “liquor” shall be defined as set forth in RCW 66.04.010 and shall include alcohol, spirits, wine and beer. “Camping” means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit, remaining overnight; or parking a trailer, van, recreational vehicle, bus, camper, or other vehicle for the purpose of remain- ing overnight. “City” means the City of Spokane Valley, Washington. “Department” means the City of Spokane Val- ley parks department. “Department employee” means a duly appointed City of Spokane Valley parks depart- ment employee. “Director” means the city manager or designee who is anticipated to be the director of the parks department. “Facility” or “facilities” means any building, equipment, sign, material, shelter, swimming pool, or other physical property including but not limited to administered trees, shrubs, plants, lawns, play equipment, benches, tables, picnic areas, athletic fields, trails, or parking and pedestrian areas (including curbs, sidewalks and driveways or inter- nal roads) for motor vehicles, persons or structures owned or controlled by the City of Spokane Valley. “Motor vehicle” means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar-type four-wheel-drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways. “Open space, trails or parks,” collectively referred to as “City parks,” means any recreation or similar real property under the ownership, manage- ment, or control of the City. “Person” means any individual, group, firm, partnership, corporation or club. “Trail” means any path, track, or right-of-way designed for use by pedestrians, bicycles, or other nonmotorized modes of transportation. (Ord. 65 § 1, 2003). 6.05.020 Purpose. The City of Spokane Valley City parks, includ- ing facilities and programs of the department, are established and maintained by the City for public recreation purposes. (Ord. 65 § 2, 2003). 6.05.030 Hours of operation. Unless otherwise established by the director, City parks shall be open at dawn and closed for use at 10:00 p.m. (Ord. 65 § 3, 2003). 6.05.040 Facility and outdoor field lights. Use of facilities Sunday through Thursday shall cease at 10:00 p.m. unless otherwise approved by the director. Use of facilities on Fridays or Satur- days shall cease at 11:00 p.m. unless otherwise approved by the director. (Ord. 65 § 4, 2003). 6.05.050 Special event permits. A special event permit is required before the occurrence of a special event as defined in SVMC 5.15.010. If the parks and recreation department deems necessary, special event permits may be required for events involving more than the routine use of a park. Where appropriate, special conditions for the event will be established by the department and included in the permit. The department reserves the right to cancel a permit for good cause. If reason- ably possible, notice of cancellation shall be given at least 24 hours in advance of the event. A cancellation or denial of a special event per- mit may be appealed to the city council by filing a written appeal with the city clerk within 10 days of the date of the decision. Upon such appeal, the city council may reverse, affirm or modify the depart- ment’s decision. (Ord. 09-038 § 3, 2009; Ord. 65 § 5, 2003). 6.05.060 (Revised 2/10)6-4 6.05.060 Sale of goods or services. The sale of goods or services in City parks or facilities shall be allowed only through written agreement with the City or by permit issued by the department. (Ord. 09-038 § 3, 2009; Ord. 65 § 6, 2003). 6.05.070 Rules governing use of City parks and facilities. A. Camping. No person shall camp in any City park or facility, unless otherwise designated. B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire within open space, trail or park or facility except in a designated barbecue unit or in a desig- nated fire pit unless authorized by the department. C. Food Waste, Washing of Clothes or Ani- mals. No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. D. Game Fish. All laws, rules and regulations of the State Game Commission relating to season limits and methods of fishing are applicable to fish- ing for game fish in park areas. No person may fish for, or possess any fish taken from any river, lake, pond, stream or other body of water which is posted with a sign prohibiting fishing. E. Horseback Riding. Horses are not permitted in any City park or facility, unless permitted by the director. F. Littering. Littering in City parks and facili- ties is not permitted. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose. G. Motor Vehicles on Park Property. No person shall operate any motor vehicle on open space, trail or park property unless such area has been specifi- cally designated and posted for such use. No per- son shall operate a motor vehicle within the boundaries of a City park except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posted notice. This subsec- tion shall not apply to emergency, maintenance or authorized vehicles. H. Motor Vehicles – Parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any City park or facility except where the operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated park- ing area, or in another area with the permission of the department. No person shall park, leave stand- ing, or abandon a vehicle in any facility after clos- ing time except persons using park facilities as part of an event authorized by the department. Any vehicle found in violation of this subsection may be towed away at the owner’s expense. This sub- section shall not apply to maintenance and emer- gency vehicles or vehicles authorized by the department. I. Motor Vehicles – Speed Limits. No person shall drive a motor vehicle within any City park or facility at a speed greater than posted, having due regard for traffic, surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife. J. Parking Lots and Roadway – Games Prohib- ited. Games of any kind are prohibited in parking lots and roadways. K. Pets. 1. Dogs, pets, or domestic animals are not permitted on any designated picnic area, tennis court or play area in any City park or in any build- ing unless specifically permitted by posted notice. This subsection shall not apply to animal guide dogs. 2. Dogs or other pets or domestic animals must be kept on a leash no greater than 15 feet in length, and under control at all times. 3. Any person whose dog or other pet is in any open space, trail or park area shall be responsi- ble for the conduct of the animal and for removing feces deposited by such animal. 4. No person shall allow his or her dog or other pet or domestic animal to bite, disturb or harass any facility users, wildlife or other pets. No person shall permit his or her dog or other pet or domestic animal to bark or make noise continu- ously or otherwise unreasonably disturb the peace and tranquility. No person shall permit dogs, pets or domestic animals to damage, destroy or remove park vegetation. L. Presence in City Facilities When Closed. No person shall enter or be present in facilities when closed except persons using facilities as part of an event authorized by the department. M. Skateboards and Rollerblades – In Desig- nated Areas Only. No person shall be permitted to skateboard or rollerblade in park facilities unless otherwise designated by the department. N. Sound Amplification. No person shall use, operate or play in a City park any radio, tape player, disc player, television, musical instrument, record player or any other machine or device pro- ducing sound at a volume that is audible at a dis- tance of over 30 feet therefrom except pursuant to a permit issued by the department. 6-5 (Revised 2/10) Spokane Valley Municipal Code 6.05.090 O. Swimming. Swimming shall only be permit- ted in posted areas. P. Tents and Shelters in Parks. Unless autho- rized by the department, no person shall erect, maintain, use or occupy a temporary tent or shelter in any City park or facility unless there is an unob- structed view through such tent or shelter from at least two sides; provided, however, that nothing in this subsection shall be construed to authorize overnight camping. Q. Trail Use. 1. For the purposes of this subsection, “trail use” shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, rollerskates and rollerblades. 2. Trail use is open to all nonmotorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, trail- heads or, in some cases, on individual trails. 3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed. 4. No motorized vehicles shall be allowed on City trails. For the purposes of this subsection, “motorized vehicles” means any form of transpor- tation powered by an internal combustion or elec- tric motor. This includes but is not limited to motor vehicles, golf carts, mopeds and all-terrain vehi- cles. This subsection shall not apply to wheelchairs powered by electric motors, or authorized mainte- nance, police or emergency vehicles. R. Trespassing. No person except an authorized City employee, or other person duly authorized, shall enter or go upon any area or facility which has been designated and posted as a “No Admittance” or “No Trespassing” area or during any time when the park is closed to the public. S. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City park or facil- ity except in areas specifically designated for that use. (Ord. 65 § 7, 2003). 6.05.080 Violation – Penalty. Any person violating any provision of SVMC 6.05.030, 6.05.040, 6.05.050, 6.05.060, or 6.05.070 shall have committed a class 3 infraction. (Ord. 05-002 § 1, 2005; Ord. 65 § 8, 2003). 6.05.090 Rules governing use of City parks and facilities – Violation a misdemeanor. A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or con- sume alcohol in City parks or facilities without first obtaining a permit from the department. B. Designated Areas. The city council shall, through resolution, designate specific areas in City parks and facilities where alcohol may be con- sumed after obtaining an alcoholic beverage per- mit. C. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the department. The application shall be filed no less than 10 days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by council resolu- tion. The department shall prescribe the form of the application, which shall include name and age of applicant, public place where permit is to be used, type of activity, date of activity, measures to con- trol the consumption of alcoholic beverages and such other matters as deemed appropriate by the department. The director shall review and either approve or deny the application within five days from receipt. The director may impose reasonable conditions upon the permit. A denial by the director may be appealed to the city council within 10 days from the date of the denial. D. Damage to Property. No person shall remove, damage, or destroy any area in a City park or facility. E. Damage to Wildlife. Except for fishing and shellfishing in authorized areas and subject to rules promulgated by the Washington State Fish and Wildlife Commission, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, or strike any bird or animal, or to throw or other- wise propel any object at or in the vicinity of any bird or animal. F. Dumping in Water Prohibited. No person shall deposit any waste or refuse of any nature, including human or animal waste, into any river, stream, lake or other body of water running in, through, or adjacent to any City park. G. Firearms, Weapons. 1. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or dam- aging or destroying any public or private property. This subsection shall not apply where the depart- ment issued a special event permit for such activ- ity. 6.05.100 (Revised 2/10)6-6 2. Possession of firearms in any stadium or convention center, operated by the City, county, or other municipality, is prohibited except that such restrictions shall not apply to: a. Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or b. Any showing, demonstration, or lecture involving the exhibition of firearms. H. Fireworks. No person shall possess, dis- charge, or cause to be discharged, in any City park or facility, any firecracker, torpedo, rocket, fire- work, explosive, or similar device unless so autho- rized by the department. I. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, or that threat- ens or endangers any person traveling thereon. This subsection shall not apply to City employ- ees in the performance of their duties or to persons acting pursuant to written direction of the City. J. Outside Household or Commercial Waste. No person shall bring in or deposit household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property, in any City park or facility garbage can or other receptacle. K. Removal of Property. No person shall remove any City property from a City park or facil- ity without the permission of the department. L. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or dis- tribute or post any handbills, circulars, or signs, or use any loudspeaker or other amplifying device, in any City park, except by contract or by permit issued by the department. M. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile or other vehicle in any City park or facility. (Ord. 09-041 § 1, 2009; Ord. 65 § 9, 2003). 6.05.100 Violation – Penalty. Any person violating any provision of SVMC 6.05.090 shall be guilty of a misdemeanor. (Ord. 65 § 10, 2003). 6.05.110 Administrative sanctions. In addition to any prescribed penalty, any per- son failing to comply with any provision of this chapter shall be subject to the loss of park or recre- ation facility use privileges. (Ord. 65 § 11, 2003). 6.05.120 Rules and policy. The city manager or designee may develop rules, policies and forms to implement this chapter. All adopted rules, policies and forms shall be filed with the city clerk. (Ord. 65 § 12, 2003). 7-1 (Revised 8/11) Title 7 HEALTH AND SAFETY Chapters: 7.05 Nuisances 7.10 Repealed 7.15 Fireworks 7.20 Alarm Systems 7.25 Water Safety Regulations 7.30 Animal Regulations 7.35 Recodified 7.40 Electronic Cigarettes and Related Devices 7-3 (Revised 3/13) Spokane Valley Municipal Code 7.05.020 Chapter 7.05 NUISANCES Sections: 7.05.010 Purpose and intent. 7.05.020 Definitions. 7.05.030 Compliance, authority and administration. 7.05.040 Nuisances prohibited. 7.05.050 Initial investigation. 7.05.060 Procedures when probable nuisance violation is identified. 7.05.070 – 7.05.200 Repealed. 7.05.010 Purpose and intent. The purpose and intent of this chapter is to cre- ate and maintain a safe and healthy environment for the citizens of the City by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance condi- tions on public and private property. (Ord. 06-004 § 2, 2006; Ord. 03-083 § 1, 2003). 7.05.020 Definitions. “Abate” means to take whatever steps are deemed necessary by the director to ensure that the property complies with applicable nuisance ordi- nance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. “City” means the City of Spokane Valley, Washington. “Code compliance officer” means a regular or specially commissioned officer so designated by the director of community development for the City. “Days” will be counted as business days when five or fewer days are allowed to do an act required by this chapter. “Days” will be considered calendar days when more than five days are allowed to do an act required by this chapter. “Determination of compliance” means a written statement from the director that evidence exists to determine that the violation(s) has been suffi- ciently abated as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. “Director” means the community development director for Spokane Valley, or his/her designee. “Found in violation” means that: 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. “Graffiti” means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint, ink, dye, or any other sub- stance capable of marking property. “Hearing examiner” means the City of Spokane Valley hearing examiner, as provided by Chapter 18.20 SVMC as adopted or hereafter amended. “Impound,” for the purposes of this chapter, means to take and hold a vehicle in legal custody. “Inoperable” means incapable of being operated legally on a public highway, including, but not lim- ited to, not having a valid, current registration plate or current certificate of registration. “Junk vehicle” means a vehicle substantially meeting at least three of the following criteria: 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, or 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. “Mitigate” means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. “Nuisance” means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal con- duct which materially interferes with or jeopar- dizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places or bodies of water. “Person” means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individ- ual, association, partnership, corporation or legal entity. “Person responsible for a nuisance violation” means the person who caused the violation, if that 7.05.030 (Revised 3/13)7-4 can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occu- pancy of the property, including any public rights- of-way abutting a person, firm, or entity’s property where the nuisance violation occurs. “Person(s) responsible for a junk vehicle nui- sance 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. “Remediate” means to restore a site to a condi- tion which does not pose a probable threat to the general public health, safety or welfare. “Vehicle,” for the purposes of SVMC 7.05.040(P), 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. (Ord. 12-026 § 1, 2012; Ord. 08-024 § 1, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 2, 2005; Ord. 03-083 § 2, 2003). 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and oth- erwise promote compliance with this chapter, the director may, in response to field observations, determine that violations of this chapter have occurred or are occurring, and may utilize any of the compliance provisions contained in Chapter 17.100 SVMC. (Ord. 12-026 § 2, 2012; Ord. 06- 004 § 2, 2006; Ord. 03-083 § 3, 2003). 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City, including any public rights-of-way abutting a person, firm, or entity’s property. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet over any public walk- way or sidewalk; or hang lower than 14 feet over any public street; or which are growing thereon in such a manner as to obstruct or impair the free and full use of the walkway, sidewalk, or street by the public, or violate clearview triangle policies adopted by the City. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public sidewalk, walkway, or road- way. 2. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. 1. Buildings or portions thereof which are deemed dangerous pursuant to the Spokane Valley building code (currently adopted International Property Maintenance Code and the International Existing Building Code); provided, that such con- ditions or defects exist to the extent that the life, health, property or safety of the public or the struc- ture’s occupants is endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devices, pursuant to clearview triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compli- ance with the City’s currently adopted sign code. E. Accumulations of Materials, Garbage, Recy- clables, Furniture, Machinery. 1. Building and Construction Materials. Accumulations, stacks, or piles of building or con- struction materials not associated with a current, in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This pro- vision does not apply to a designated contractor’s yard, as defined in the currently adopted Spokane Valley zoning code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage not kept in a proper receptacle with a tight-fitting lid. b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure. c. Recyclables not properly stored and regularly disposed of. 7-5 (Revised 3/13) Spokane Valley Municipal Code 7.05.040 d. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or ver- min; failing to eliminate such infestations; or fail- ing to eliminate intrusive insects. 3. Furniture and Appliances. a. All broken or discarded household fur- niture, furnishings or equipment, or any appliances not in an approved enclosed structure. b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. 4. Machinery and Equipment. Broken, inop- erable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure. This subsection does not include junk vehicles that are regulated by subsection P of this section. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire, as determined by the fire marshal. G. Toxic or Caustic Substances. Improper stor- ing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases, or odors offensive or harmful to persons of ordinary sensibilities. I. Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane Regional Health District. J. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. K. Attractive Nuisances. Any accessible attrac- tive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unat- tended vehicle trunks, or other unguarded condi- tions or situations that could injure or trap a child. L. Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maxi- mum permissible noise levels as established in WAC 173-60-010, as currently adopted and here- after amended. 2. Sounds created by use of a radio, televi- sion set, musical instrument, sound amplifier or any other device capable of producing or reproduc- ing sounds, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort, or repose of a person of reasonable sensitivity. 3. The creation of frequent, repetitive or con- tinuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or inter- nal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. Any other sound occurring frequently, repetitively, or continuously which annoys or dis- turbs the peace, comfort, or repose of a person of reasonable sensitivity. M. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and mini- mize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real prop- erty. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agri- cultural zones. N. Nuisance Premises. Any premises or struc- tures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled sub- stance, or at which there is a pattern of criminal activity, are prohibited nuisances. O. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consec- utive weekends. P. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private prop- erty within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. 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 pub- lic or private property; 2. 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 disman- 7.05.050 (Revised 3/13)7-6 tler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evi- denced by the good faith efforts of the vehicle owner. This exception shall include having up to one “parts” vehicle, from which parts are being sal- vaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts pur- chased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declara- tion under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one addi- tional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to this chapter up to two junk vehicles in R-1, R-2, R- 3 and R-4 zones, so long as they are completely sight-screened by maintained Type I or II land- scaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-2, R-3 and R-4 zones. Q. Graffiti. All graffiti upon public or private property is deemed a nuisance. (Ord. 12-026 § 3, 2012; Ord. 08-024 § 2, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 3, 2005; Ord. 04-038 § 3, 2004; Ord. 03-083 § 4, 2003). 7.05.050 Initial investigation. A. Upon receipt of a complaint, field verifica- tion should be made if possible prior to, concurrent with, or shortly after notifying the person responsi- ble for the nuisance violation or alleged nuisance violation. B. Advising Interested Parties of Apparent Vio- lation. The person responsible for the nuisance vio- lation should be advised of any apparent violation, which may be by personal contact, phone, posting or regular mail. The letter should state that a viola- tion may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. C. The director will record all violations in a database system, including a list of all actions taken on the complaint. D. Staff undertaking field investigations shall comply with the provisions of this chapter regard- ing right of entry. (Ord. 12-026 § 4, 2012; Ord. 06- 004 § 2, 2006; Ord. 03-083 § 5, 2003). 7.05.060 Procedures when probable nuisance violation is identified. A. The director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a nuisance violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall docu- ment the violation and promptly notify the per- son(s) responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected. C. The guidelines set forth for warnings, notifi- cations and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce nuisance pro- visions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that are already sub- ject to a voluntary compliance agreement, cases where the violation creates, or has created, a situa- tion or condition that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known, that the action was a nuisance viola- tion. E. Notice and orders should be issued in all cases where the director determines that the viola- tion is unlikely to be fully corrected within 72 hours. F. If the violation is not corrected, the director shall utilize the enforcement provisions contained in Chapter 17.100 SVMC as adopted or hereafter amended to obtain compliance with the applicable Spokane Valley Municipal Code 7.05.200 7-7 (Revised 3/13) code provisions. (Ord. 12-026 § 5, 2012; Ord. 06- 004 § 2, 2006; Ord. 03-083 § 6, 2003). 7.05.070 Voluntary compliance agreements. Repealed by Ord. 06-004. (Ord. 03-083 § 7, 2003). 7.05.080 Notice of violation – Civil monetary penalty. Repealed by Ord. 06-004. (Ord. 03-083 § 8, 2003). 7.05.090 Notice and orders. Repealed by Ord. 06-004. (Ord. 03-083 § 9, 2003). 7.05.100 Abatement. Repealed by Ord. 06-004. (Ord. 03-083 § 10, 2003). 7.05.110 Service – Notice of violation, notice and order. Repealed by Ord. 06-004. (Ord. 03-083 § 11, 2003). 7.05.120 Obligations of persons responsible for nuisance violation. Repealed by Ord. 06-004. (Ord. 03-083 § 12, 2003). 7.05.130 Determination of compliance. Repealed by Ord. 06-004. (Ord. 03-083 § 13, 2003). 7.05.140 Civil penalties. Repealed by Ord. 06-004. (Ord. 03-083 § 14, 2003). 7.05.150 Cost recovery. Repealed by Ord. 06-004. (Ord. 03-083 § 15, 2003). 7.05.160 Collection of civil penalties, fees and costs. Repealed by Ord. 06-004. (Ord. 03-083 § 16, 2003). 7.05.170 Nuisance abatement fund – Authorized. Repealed by Ord. 06-004. (Ord. 03-083 § 17, 2003). 7.05.180 Violation – Misdemeanor. Repealed by Ord. 06-004. (Ord. 03-083 § 18, 2003). 7.05.190 Administrative appeals. Repealed by Ord. 06-004. (Ord. 03-083 § 19, 2003). 7.05.200 Judicial enforcement. Repealed by Ord. 06-004. (Ord. 03-083 § 20, 2003). 7.15.010 (Revised 3/13)7-8/20 Chapter 7.10 JUNK VEHICLES (Repealed by Ord. 06-004. See Chapter 7.05 SVMC, Nuisances) Chapter 7.15 FIREWORKS Sections: 7.15.010 Definitions. 7.15.020 Intent. 7.15.030 Sale, possession and use of fireworks. 7.15.040 Display fireworks and special use. 7.15.050 Permit application. 7.15.060 Permit fees. 7.15.070 Seizure of fireworks. 7.15.080 Violation – Penalty. 7.15.010 Definitions. The City, pursuant to RCW 35A.11.020 and 35A.12.140 by and through this reference, hereby incorporates the definitions set forth in Chapter 70.77 RCW, State Fireworks Law, including RCW 70.77.120 through 70.77.241 as now enacted or hereafter amended. These definitions apply to words and terms used in this chapter. (Ord. 66 § 1, 2003). 7.15.020 Intent. It is the intent of the City of Spokane Valley to continue the prohibition on the use, sale, discharge or explosion of consumer fireworks pursuant to the Spokane County Code Sections 3.17.070 and 3.17.080 which are adopted by reference as if fully set forth herein except as modified by this chapter. (Ord. 66 § 2, 2003). 7.15.030 Sale, possession and use of fireworks. A. No fireworks shall be sold or offered for sale within the City of Spokane Valley. B. No person shall ignite, discharge, use or explode any fireworks within the City except as authorized in this chapter. C. No person under the age of 16 years shall possess any fireworks within the City unless accompanied by an adult. (Ord. 66 § 3, 2003). 7.15.040 Display fireworks and special use. A. Public display fireworks may be authorized by permit issued by the City pursuant to RCW 70.77.260 including standards, obligations and duties set forth in Chapter 70.77 RCW. B. Use of fireworks by religious organizations or other specific purposes set forth in RCW 70.77.311(2)(c) and (d) is permitted on an approved date and an approved location pursuant to permit. Spokane Valley Municipal Code 7.20.010 7-21 (Revised 9/10) C. Use of trick and novelty devices as defined in WAC 212-17-030, as amended, is permitted. (Ord. 66 § 4, 2003). 7.15.050 Permit application. An application for a public display of fireworks or use identified in SVMC 7.15.040 shall be made to the city manager or designee at least 10 days prior to the commencement of the public display. The form of the application with conditions of approval shall be consistent with forms and condi- tions used or adopted by the Washington State Patrol through the Director of Fire Protection including administrative regulations found at Chapter 212-17 WAC. Bonding and insurance requirements shall be those which are set forth in Chapter 70.77 RCW, State Fireworks Law, as amended. The city manager or designee is autho- rized to adopt forms, rules and procedures in order to implement the permit process provided the same are consistent with Washington State law. (Ord. 66 § 5, 2003). 7.15.060 Permit fees. The City by resolution, consistent with RCW 70.77.555, shall establish permit fees for the public display of fireworks. (Ord. 66 § 6, 2003). 7.15.070 Seizure of fireworks. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of this chapter shall be subject to immediate seizure by the City. Proceedings for for- feiture and disposal shall be through RCW 70.77.440, as amended. (Ord. 66 § 7, 2003). 7.15.080 Violation – Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. A person is deemed to have committed a separate offense for each and every day during which the violation is committed or continues. In addition, a person violating this chapter is lia- ble for costs and expenses incurred by the City in bringing any civil action, including court costs and reasonable investigative and attorney fees, pursu- ant to RCW 70.77.549. (Ord. 66 § 8, 2003). Chapter 7.20 ALARM SYSTEMS Sections: 7.20.010 Intent. 7.20.020 Definitions. 7.20.030 Administration and funding. 7.20.040 Alarm sites must be registered. 7.20.050 Registration terms and fees. 7.20.060 Responsibilities of alarm users. 7.20.070 Only licensed alarm businesses may initiate alarm dispatch requests. 7.20.080 Verified response required in certain circumstances. 7.20.090 Differentiation and reporting of alarm activations. 7.20.100 Alarm dispatch requests. 7.20.110 Duties of alarm installation company and/or monitoring company. 7.20.120 Compliance with monitoring standards required. 7.20.130 Alarm dispatch request cancellations. 7.20.140 Prohibited devices. 7.20.150 Violations. 7.20.160 Appropriating public police services for private purposes subject to cost recovery fees. 7.20.170 Repealed. 7.20.180 Authorization to issue citations and assess service fees. 7.20.190 Fee processing. 7.20.200 Suspension of registration. 7.20.210 False alarm awareness classes. 7.20.220 Appeals. 7.20.230 Authority of alarm appeal officers. 7.20.240 Alarm appeals officer selection – Qualification and removal. 7.20.250 Improper influence, conflict of interest, appearance of fairness. 7.20.260 Organization – Rules. 7.20.270 Exceptions. 7.20.280 Special rules applicable to public schools. 7.20.290 Confidentiality of alarm information. 7.20.300 Scope of police duty – Immunities preserved. 7.20.310 Fees for alarm registration and false alarm enforcement. 7.20.010 Intent. A. The City regulates security alarm businesses to assure that responses to false alarms do not diminish the availability of police services to the 7.20.020 (Revised 9/10)7-22 general public and to assure that citizens who can- not afford or do not choose to operate security alarm systems are not penalized for their condition or choice. B. The intent of this chapter is to encourage alarm businesses and alarm users to maintain the operational viability of security alarm systems and to significantly reduce or eliminate false alarm dis- patch requests made to the police department. C. The purpose of the chapter is to provide for and promote the health, safety and welfare of the general public, not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this chapter. The chapter does not impose or create duties on the part of the City or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so, is placed solely upon the parties responsible for own- ing, operating, monitoring, installing or maintain- ing security alarm systems. (Ord. 09-020 § 12, 2009). 7.20.020 Definitions. “Alarm administrator” means the person desig- nated by the chief of police to administer the City’s security alarm program, to issue citations and levy fees pursuant to this chapter. “Alarm appeals officer” means the person(s) designated by the chief of police to hear and decide appeals related to service fees and registration sus- pensions pursuant to this chapter. “Alarm business” means any business, by an individual, partnership, corporation or other entity, engaged in the selling, leasing, maintaining, ser- vicing, repairing, altering, replacing, moving, installing or responding to security alarms. 1. Alarm businesses also include any person, business or organization that monitors security alarm systems and initiates alarm dispatch requests, including units or divisions of larger busi- nesses or organizations that provide proprietary security alarm monitoring services only to affili- ates of the parent business or organization. 2. Alarm businesses do not include persons doing installation or repair work solely on premises they own, lease or rent where such work is per- formed without compensation of any kind (i.e., “do-it-yourselfers”). “Alarm dispatch request” means the initiating of a communication to the police, via police dispatch, by an alarm business indicating that a security alarm system has been activated at a particular alarm site and requesting police department response to that alarm site. “Alarm installation company” means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site. “Alarm site” (also “security alarm site”) means a structure or portion thereof served by a single security alarm system (a “fixed” alarm site). In a multi-tenant building or complex, each portion of the structure or complex having its own security alarm system is considered a separate alarm site. “Alarm system” (also “security alarm system”) means a device or series of interconnected devices, including, but not limited to, systems intercon- nected with hard wiring or radio frequency signals, which are designed to emit and/or transmit a remote or local audible, visual or electronic signal indicating that an intrusion may either be in progress or being attempted at the alarm site. 1. It means only the equipment located at the alarm site when a system is connected to an alarm system monitoring company. 2. Security alarm systems do not include those devices designed to alert only the inhabitants of specific premises and that have no sounding or signaling devices which can be generally heard or seen on the exterior of the alarm site. Security devices do not include personal alert devices worn on a person’s body that are primarily designed as an alert of a medical condition. “Alarm user” means any person, firm, partner- ship, corporation or other entity who (which): 1. Controls a security alarm system at an alarm site; 2. Is named on the alarm registration; and 3. Is financially responsible for the operation of an alarm system. As used in the chapter, the term “alarm user” may mean more than one person, if more than one person is listed on the registration and has accepted financial responsibility for operation of an alarm system. “Burglary alarm” (also “property/intrusion alarm”) means an alarm system that is used to detect and report an unauthorized entry or an attempted unauthorized entry upon real property. “Call-up dialer alarm” means a security device that is designed to evoke a police response by transmitting a pre-recorded, unverified signal or message to the police E911 system or to any other police telephone. “Chief” means the chief of police of the City of Spokane Valley or his designee. Spokane Valley Municipal Code 7.20.020 7-23 (Revised 9/10) “City” means the City of Spokane Valley and/or the area within the incorporated municipal bound- aries of the City of Spokane Valley. “Control number” means the unique number assigned to each licensed security alarm business by the alarm administrator that is used to validate alarm dispatch requests. “Department” means the Spokane Valley police department. Duress Alarm. (See “Robbery alarm.”) “Enhanced call verification” means an indepen- dent method whereby the alarm monitoring com- pany attempts to determine that a signal from an automatic alarm system reflects a need for immedi- ate police assistance or investigation. This verifica- tion process will be conducted by the alarm system monitoring personnel and shall consist of making at least two phone calls to the responsible party or parties and shall not take more than five minutes from the time the alarm signal has been accepted by the alarm system monitoring company. “False alarm response” means police depart- ment response to an alarm dispatch request by a commissioned officer of the department where, in the opinion of that officer, no evidence of the com- mission or attempted commission of a crime is present that can be reasonably attributed to have caused the alarm activation. A false alarm response is also deemed to have occurred when the respond- ing officer is unable to determine if evidence of a criminal offense or attempted criminal offense is present because the alarm site is inaccessible (e.g., where the alarm site is located: 1. Within a locked structure, such as an apartment building or business complex with a common entry; or 2. Behind a locked gate and no person is present to provide access to the officer; or 3. Contains a dog and no person is present to remove the dog so the officer can inspect the site; or 4. Contains any type of “protective/reactive” device or contrivance). “Government facility” means any alarmed loca- tion where the primary owner, operator, renter or lessee is the City of Spokane Valley, county of Spokane, state of Washington, or agency of the United States government. Hold-up Alarm. (See “Robbery alarm.”) Intrusion Alarm. (See “Burglary alarm.”) “Monitoring” means the process an alarm busi- ness uses to: 1. Keep watch on alarm systems; 2. Receive alarm activation signals from alarm systems; 3. Verify alarm activations; 4. Relay alarm dispatch requests to the department for the purpose of summoning police response to an alarm site; and 5. To cancel alarm dispatch requests (when appropriate). “Multi-unit complex” means any building or group of buildings located/co-located on the same real property and comprised of two or more sepa- rately occupied units. “One-plus duress alarm” means a security alarm system which permits the manual activation of an alarm signal by entering on a keypad a code that either adds the value of “1” to the last digit of a nor- mal arm/disarm code (e.g., the normal arm/disarm code “1234” if entered as “1235” automatically activates the duress alarm feature) or that involves entering any incorrect final digit to a normal arm/ disarm code (e.g., the normal arm/disarm code “1234” if entered as “123X” – where “X” is not “4” – automatically activates the duress alarm feature). Panic Alarm. (See “Robbery alarm.”) “Person,” for purposes of this chapter, means an individual, corporation, partnership, association, organization or similar entity. Property Alarm. (See “Burglary alarm.”) “Protective/reactive alarm system” means an alarm system that is equipped and prepared to pro- duce any temporary disability or sensory depriva- tion through use of chemical, electrical or sonic defense, or by any other means, including use of vision obscuring/disabling devices. “Robbery alarm” (also “duress alarm,” “hold-up alarm” or “panic alarm”) means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism, on or near the premises intended to signal that a rob- bery (refer to RCW 9A.56.190) or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime. “Security alarm monitoring business” means any person, firm or corporation which is engaged in the monitoring of security alarm systems and the summoning of police officer response to activa- tions thereof. This includes all businesses that are engaged in alarm monitoring for profit and busi- nesses that have specialized units or subsidiaries that monitor only their own alarm systems. “Subscriber” means an alarm user who is a cus- tomer of an alarm monitoring company. 7.20.030 (Revised 9/10)7-24 “Suspend” (“suspension”), for purposes of this chapter, means the temporary loss for an alarm user of the privileges associated specifically with the registration of a security alarm system in the City (specifically, police response). “Unmonitored alarm system” means an alarm system (see “Alarm system”) that is not actively monitored by an alarm business and whose func- tion it is to evoke police response solely by means of a generally audible and/or visible signal. “Verified response” (“independent reporting”) means a police response that is based on informa- tion received from a person physically present at a location (e.g., an alarm site) or from real-time audio or video surveillance positively verifying that there is evidence either of a crime or an attempted crime at the location. The verified response by the alarm system monitoring company may not take more than five minutes from the time the alarm signal has been accepted. (Ord. 09-020 § 13, 2009). 7.20.030 Administration and funding. A. Responsibility for administration of this chapter is vested with the chief of police. B. The chief of police designates an alarm administrator to carry out the duties and functions described in this chapter. C. The chief of police designates one or more persons to serve as alarm appeals officer(s) to carry out the duties and functions related to appeals described in this chapter. D. Moneys generated by false alarm service fees and registration fees assessed pursuant to this chapter shall be paid into the City’s general fund. E. The alarm administrator conducts an annual evaluation and analysis of the effectiveness of this chapter and identifies and implements system improvements, as warranted. (Ord. 09-020 § 14, 2009). 7.20.040 Alarm sites must be registered. A. Police response to private alarm sites in the City, except as specified in SVMC 7.20.080, is a privilege available only to those alarm users who have alarm systems registered with the City. B. No alarm business providing monitoring ser- vice to security alarm sites in the City shall activate alarm monitoring service or initiate alarm dispatch requests relative to any alarm site in the City that is not properly registered. C. Failure by an alarm monitoring or installa- tion company to provide its updated customer information at least once a month to the City in accordance with SVMC 7.20.110(A) is a class one civil infraction. (Ord. 09-020 § 15, 2009). 7.20.050 Registration terms and fees. A. Alarm registration is valid for one year. B. Alarm registration is issued to a person or persons (“alarm user”) having bona fide ownership or control of an alarm site (i.e., home owner, busi- ness owner, renter, leaseholder, etc.) and specifi- cally for that alarm site or address. Alarm registration remains in the name(s) of the alarm user of record until a change of ownership or con- trol of the alarm site occurs. C. Alarm registration is attached to the alarm user and the alarm site registration and is not trans- ferable. A new alarm site registration must be issued whenever there is a change of ownership or control of an alarm site. D. The initial registration application shall be given to the alarm user at the time of alarm instal- lation and shall be submitted to the alarm adminis- trator or designee within 30 days. E. Registration information is determined by the alarm administrator and shall include, but not be limited to, the following: 1. Name and address of the alarm user (i.e., the person financially responsible for operation of the alarm system being registered). 2. Home, business and cellular telephone number(s) of the alarm user. 3. Name, address and telephone number of the alarm business providing monitoring service to the system. 4. Alternate telephone number for verifica- tion (cell phone or other telephone designated by the alarm user). 5. Signature of the alarm user verifying that the alarm user agrees to pay the fees associated with false alarms. F. On receipt of the application and fees, the alarm administrator (or designee) shall issue a security alarm registration number to the alarm user. G. The security alarm registration number assigned to an alarm user remains the same for as long as the alarm user continuously maintains reg- istration for the alarm site. H. Registration may be renewed under the fol- lowing conditions: 1. The alarm site has no past-due fees. 2. The alarm site’s registration is not sus- pended for excessive false alarms. Spokane Valley Municipal Code 7.20.100 7-24.1 (Revised 9/10) 3. The alarm user either updates registration information or verifies that the current registration information is still correct. 4. The appropriate annual registration fee is paid. I. Renewal information and fees are submitted to the alarm administrator (or designee) on or before the initial registration anniversary date each year. J. The rates for security alarm registration fees are set forth in the City’s master fee schedule, as set forth in SVMC 7.20.310. The established rates shall assure that the alarm administrator position and all other costs related to administration and enforcement of this chapter are supported entirely by registration fees. (Ord. 10-003 § 2, 2010; Ord. 09-020 § 16, 2009). 7.20.060 Responsibilities of alarm users. A. Each alarm user is responsible, annually, for: 1. Registering his alarm system; 2. Paying the registration fee; and 3. Providing current registration informa- tion. B. Each alarm user is responsible for assuring that his alarm system is used properly and in accor- dance with the manufacturer’s directions and the law. Inherent in this responsibility is assuring that all persons with access to the alarm system are properly trained on correct use of the system and are authorized to cancel accidental activations, and assuring that procedures and practices are followed that minimize the risk of false alarms. C. Each alarm user is responsible for keeping his alarm system properly maintained and in good working order. D. Each alarm user is financially responsible for paying service fees when police respond to false alarms from his alarm site. E. Failure to meet the responsibilities listed in subsection A, B, C or D of this section may lead to suspension or revocation of alarm registration and loss of the privileges associated with that registra- tion. F. If an alarm user has six false alarms within a calendar year, the person/business responsible for the alarm site shall meet with the appeals officer and provide a false alarm abatement plan to the appeals officer. (Ord. 09-020 § 17, 2009). 7.20.070 Only licensed alarm businesses may initiate alarm dispatch requests. Effective January 1, 2010, and thereafter, the department shall respond only to alarm dispatch requests from alarm businesses that possess a valid City of Spokane Valley business registration and control number. (Ord. 09-020 § 18, 2009). 7.20.080 Verified response required in certain circumstances. A. Effective January 1, 2010, and thereafter, the department shall respond to the activation of unmonitored security alarm systems, alarm sys- tems monitored by unlicensed security alarm busi- nesses, unregistered alarm systems, and alarm systems with a suspended registration only if inde- pendent reporting indicates that a crime is in progress or has been attempted at the involved alarm site (i.e., verified response). B. No alarm user or alarm business shall pre- sume, anticipate or expect that a police response will result solely from the activation of: 1. Any unmonitored security alarm system; 2. An alarm system monitored by an unli- censed security alarm business; 3. An unregistered alarm system; or 4. An alarm system with a suspended regis- tration. (Ord. 09-020 § 19, 2009). 7.20.090 Differentiation and reporting of alarm activations. A. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that fails to differentiate burglary/prop- erty/intrusion alarm activations from robbery/hold- up/panic/duress alarm activations, or that fails to accurately report such activations independently. B. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that fails to differentiate police incidents (i.e., burglary/property/intrusion alarm activations, rob- bery/hold-up/panic/duress alarm activations) from fire, medical or other non-police incidents, or that fails to accurately report such incidents indepen- dently. (Ord. 09-020 § 20, 2009). 7.20.100 Alarm dispatch requests. A. Alarm dispatch requests shall be made in the manner prescribed by the alarm administrator and approved by 911 and police dispatch. B. Alarm dispatch requests may include, but are not limited to, the following information: 1. Alarm site registration number. 2. Location of the alarm activation. 7.20.110 (Revised 9/10)7-24.2 3. Type of alarm activation (burglary/prop- erty/intrusion, robbery/panic/hold-up/duress or roll-over/airbag deployment). 4. Alarm business’s incident number (or other official incident identifier). 5. Alarm business’s assigned control num- ber. C. Alarm dispatch requests made to the depart- ment (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (burglary/property/intrusion, rob- bery/hold-up/panic/duress) that is the proximate cause for the alarm dispatch request. D. No alarm business shall initiate an alarm dis- patch request if it knows, or reasonably should know, that doing so would cause a law enforce- ment officer to respond to an alarm site containing a protective/reactive alarm system. E. No dispatch request and subsequent police response to a robbery alarm (as defined in SVMC 7.20.020) may be cancelled by the alarm user. In every case at least one officer shall respond to affirm that the alarm user is not under duress of any kind. (Ord. 10-003 § 3, 2010; Ord. 09-020 § 21, 2009). 7.20.110 Duties of alarm installation company and/or monitoring company. A. All alarm installation and/or monitoring companies shall ensure that their customer infor- mation is updated with the alarm administrator or designee at least monthly. This information shall include: 1. Customer name and contact information (i.e., all phone numbers); 2. Alarm site address and billing address; 3. Monitoring company name and contact information; and 4. Installation date or date the alarm moni- toring ended. B. All alarm installation and/or monitoring companies shall ensure that an on-site inspection of the operating systems for the alarm system shall occur at least once every three years. The records of these inspections shall be made available to the alarm administrator upon request. C. The alarm installation company shall pro- vide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to prevent false alarms. D. Effective January 1, 2010, and thereafter, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. 1. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to January 1, 2010. 2. Effective January 1, 2010, and thereafter, when a takeover or conversion occurs, or if an alarm user requests an alarm system inspection or modification, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems. E. Effective January 1, 2010, and thereafter, alarm installation companies shall not install a device to activate a hold-up alarm which is a single action, non-recessed button. F. Effective April 1, 2010, the alarm installa- tion companies shall, on new installations, use only alarm control panel(s) which meet SIA Control Panel Standard CP-01. G. An alarm company shall not use automatic voice dialers which call 911 or the police depart- ment. H. After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user the cus- tomer false alarm prevention checklist established by department policy. I. The monitoring company shall make an alarm dispatch request for a police officer response to a burglar alarm signal, including panic, duress and hold-up signals. A residential alarm user is provided one false alarm response during the first 60 days following an alarm system installation without any charge. J. A monitoring company shall: 1. Report alarm activations or signals by using the telephone numbers designated by the alarm administrator; 2. Attempt to verify every burglar alarm sig- nal prior to requesting a police dispatch by making at least two phone calls to the responsible party or parties. This procedure does not apply to duress or hold-up signals; 3. Communicate alarm dispatch requests to the Spokane Valley police in a manner and form determined by the alarm administrator; 4. Communicate cancellations to the Spo- kane Valley police in a manner and form deter- mined by the alarm administrator; 5. Ensure that all alarm users of alarm sys- tems equipped with duress, hold-up or panic Spokane Valley Municipal Code 7.20.150 7-24.3 (Revised 3/12) alarm(s) are given adequate training as to the proper use of the duress, hold-up or panic alarm(s). Alarm system training should be provided to every alarm user and/or additional training provided in situations where the alarm user has established a high incident rate of false alarms resulting from unintentional or accidental activation; 6. Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request; 7. Communicate type of alarm activation (silent or audible, interior or perimeter); 8. Provide an alarm user registration number when requesting an officer dispatch; 9. After an alarm dispatch request, promptly advise the Spokane Valley police if the monitoring company knows that the alarm user or the responder is on the way to the alarm site; 10. Attempt to contact the alarm user or responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and 11. Effective January 1, 2010, monitoring companies must maintain, for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. a. Records must include the: i. Name, address and telephone number of the alarm user; ii. Alarm system zone(s) activated; iii. Time of alarm dispatch request; and iv. Evidence of an attempt to verify. b. The alarm administrator may request copies of such records for individually named alarm users. c. If the request is made within 60 days of an alarm dispatch request, the monitoring company shall furnish requested records within three busi- ness days of receiving the request. d. If the records are requested between 60 days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request. K. An alarm installation company and/or mon- itoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator. (Ord. 10-003 § 4, 2010; Ord. 09-020 § 22, 2009). 7.20.120 Compliance with monitoring standards required. All alarm businesses engaged in monitoring alarm systems in the City shall comply with the monitoring standards set forth in SVMC 7.20.110. (Ord. 09-020 § 23, 2009). 7.20.130 Alarm dispatch request cancellations. A. An alarm dispatch request may be canceled only by the alarm business initiating the request prior to the point the responding police officer reports arrival at the alarm site. B. Alarm dispatch requests may be canceled in accordance with the procedures established by the alarm administrator and approved by 911, police dispatch and by the alarm business making the original request. C. Alarm dispatch requests canceled prior to the police officer’s arrival on scene are not subject to false alarm service fees. (Ord. 09-020 § 24, 2009). 7.20.140 Prohibited devices. A. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that has a siren, bell or other signal audible from any property adjacent to the alarm site that sounds for longer than five consecutive minutes after the alarm is activated, or that repeats the five- minute alarm cycle more than three consecutive times without resetting. B. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that is programmed for one-plus duress alarms. (Ord. 09-020 § 25, 2009). 7.20.150 Violations. A. The following actions constitute unlawful use of a security alarm system: 1. Any person who activates a security alarm system with the intent to report: a. Suspicious circumstances, or b. Any non-criminal incident, or c. A need for fire, medical or other non- police services; or 2. Any person who violates the provisions of SVMC 7.20.090(A) or (B) or SVMC 7.20.140(A) or (B) is subject to a cost recovery fee for the improper activation of the security alarm system. B. Nothing in this section shall prevent the installation of a single reporting device for both types of security alarms, fire alarms and medical alarms; provided, that such device complies with 7.20.160 (Revised 3/12)7-24.4 SVMC 7.20.090 and fire code requirements. (Ord. 09-020 § 26, 2009). 7.20.160 Appropriating public police services for private purposes subject to cost recovery fees. A. Causing police to engage in a false alarm response constitutes an appropriation of public police services for private purposes and is subject to a cost recovery fee. B. The alarm user is responsible for payment of his registration and cost recovery fees. C. When, in the opinion of the responding officer(s), an alarm dispatch request can be reason- ably associated with an actual or attempted crimi- nal offense at the involved alarm site, the alarm is valid and the response is considered a basic police service not subject to cost recovery fees. D. When, in the opinion of the responding officer(s), an alarm dispatch request can be reason- ably attributed to an earthquake, hurricane, tornado or other unusually violent act of nature, no cost recovery fee shall be assessed. E. When, in the opinion of the responding officer(s), an alarm dispatch request cannot be rea- sonably attributed to the conditions described in subsection C or D of this section, the incident is a false alarm and the police officer response is con- sidered an appropriation of public police services for private purposes that is subject to cost recovery. F. When the responding officer(s) is (are) unable to determine if an alarm is valid or false because of inaccessibility of the alarm site, the response is presumed to be a false alarm response, and is subject to cost recovery fees as set forth in the master fee schedule. (Ord. 09-020 § 27, 2009). 7.20.170 Fees for appropriating public police services for private purposes. Repealed by Ord. 10-003. (Ord. 09-020 § 28, 2009). 7.20.180 Authorization to issue citations and assess service fees. A. The alarm administrator is granted a special commission by the chief of police to issue citations pursuant to this chapter. B. The alarm administrator is authorized by the city council to assess costs pursuant to SVMC 7.20.310. (Ord. 12-005 § 1, 2012; Ord. 09-020 § 29, 2009). 7.20.190 Fee processing. A. Alarm businesses contracting with custom- ers to provide monitoring services (or their agents) shall assure that customers residing in the City complete initial registration forms and remit the required registration fee to the City (or its desig- nee) prior to activation of monitoring service. B. All fees are due and payable on receipt. Fees that are unpaid for 30 days or more after the date of initial invoice are considered past due for purposes of this chapter. C. A late fee of $10.00 per month or 10 percent of the outstanding balance per month, whichever is greater, may be imposed on past due accounts to cover the cost of processing and collection. (Ord. 09-020 § 30, 2009). 7.20.200 Suspension of registration. A. Any alarm user having more than three false alarm responses in any calendar year may, on the event of the fourth such incident, have his alarm registration suspended for 90 days or the balance of the year for which the registration is valid, which- ever is greater. B. Any alarm user having annual registration and/or false alarm cost recovery fees past due in any year shall have his registration suspended until all outstanding fees have been paid in full. C. Furnishing false information on an alarm registration application is prohibited. 1. On the first offense of furnishing false information, the alarm administrator shall suspend the alarm user’s registration for 30 days. Spokane Valley Municipal Code 7.20.220 7-24.5 (Revised 2/10) 2. On the second offense of furnishing false information, the alarm administrator shall suspend the alarm user’s registration for the remainder of the registration period. (Ord. 09-020 § 31, 2009). 7.20.210 False alarm awareness classes. A. The alarm administrator shall ensure that the online false alarm awareness class is available for those alarm users having four or more false alarm activations in any calendar year. 1. Each alarm user eligible for the class shall by contacted by mail or by phone and asked to take the class. 2. The letter sent in these cases will specify the web page address and the user password to be used that will show that the user has read and passed the class. B. Completion of the false alarm awareness class conducted by the alarm administrator by an alarm user (i.e., the person responsible for opera- tion of a registered alarm system) may serve in lieu of a registration suspension one time per registered alarm site. This shall apply only in cases of the number of false alarm activations, not for non-pay- ment of any assessed registration fees or cost recovery fees for police response to a false alarm. (Ord. 09-020 § 32, 2009). 7.20.220 Appeals. Cost recovery fees may be appealed to the alarm appeals officer, as follows: A. The appeal process is initiated by the alarm user sending a letter to the alarm appeals officer requesting an appeal conference, that the cost recovery fee be waived, and specifying the reasons for the appeal and submitting the scheduled appeal fee. This letter and appeal fee must be received by the alarm appeals officer within 30 working days after mailing of the initial invoice to the alarm owner. B. Service fees may be appealed only on the grounds that the incident cited as the basis for the service fee was, in fact, not a false alarm response. The alarm user must, in his letter requesting an appeal, describe detailed, credible evidence in his possession that supports the contention that the involved incident was a valid alarm, as described in SVMC 7.20.160(C) or (D). C. The alarm appeals officer may reject requests for appeals that are not supported by detailed, credible evidence of criminal activity or for one of the listed reasons in the City of Spokane Valley false alarm appeal guideline form by the appellant. Notice of rejection of a request for this initial appeal shall be sent to the appellant in writ- ing within 10 working days following receipt of the appeal request by the alarm appeals officer. D. Whenever the first appeal is denied, the alarm user may then file a second written appeal requesting an in-person hearing. 1. This request must be received within 30 days from the mailing of the denial of the first level of appeal. 2. All hearings shall be heard by an appeals officer appointed by the chief of police. 3. The alarm administrator shall serve as the City’s representative in these hearings. The filing of a request for an appeal conference with an alarm appeals officer sets aside any pend- ing service fee or related service suspension/revo- cation until the alarm appeals officer either rejects the appeal request, as described in subsection C of this section, or renders a final decision. E. The alarm appeals officer, on receipt of a request for a hearing, shall conduct an appeal con- ference within 30 working days after receiving the appeal request. The alarm administrator may also contact the appellant and offer a resolution or mod- ification of the cost recovery fees prior to the scheduled hearing. F. At the conference, the alarm administrator shall present evidence on the City’s behalf support- ing the case that the applicable cost recovery fees are based on police response to an actual false alarm. The alarm appeals officer shall consider this evidence and any information presented by any interested person(s). 1. Because false alarm responses are based on the professional judgment of the responding officer using the facts known to the officer at the time of the incident, the burden of proof in appeals is on the appellant. 2. The appellant must establish with credible evidence that facts not considered by the officer existing at the time of the incident lead to the rea- sonable conclusion that the incident involved was a valid alarm, as described in SVMC 7.20.160(C) or (D). 3. The alarm appeals officer shall make his decision based on the presence of such facts and conclusions. G. The alarm appeals officer shall render a decision and notify the appellant and the alarm administrator thereof in writing within 20 working days after the appeal conference is held. The alarm appeals officer may affirm, waive, cancel, or mod- ify the penalty fees or actions that are the subject of the appeal. 7.20.230 (Revised 2/10)7-24.6 H. If the alarm appeals officer affirms or modi- fies the amount of a service fee due, that amount becomes immediately due and payable. I. Appeal decisions are reviewed and approved by the chief of police prior to becoming official. The official decision of the alarm appeals officer is final, and no further appeals or remedies are avail- able. (Ord. 09-020 § 33, 2009). 7.20.230 Authority of alarm appeal officers. The following cases shall be within the jurisdic- tion of the alarm administrator and the alarm appeals officer(s) under the terms and procedures of this chapter: A. Any and all false alarm appeals governed by this chapter. B. Alarm license suspension of any system located within the City or its jurisdiction governed by this chapter. C. Administration of service fees and/or fines related to, or applicable to, any security alarm sys- tem authorized by this chapter. D. Any and all other administrative alarm appeals as they may pertain to security alarm sys- tems located within the City. (Ord. 09-020 § 34, 2009). 7.20.240 Alarm appeals officer selection – Qualification and removal. A. The alarm appeals officer(s) shall be appointed by the chief of police. B. The alarms appeals officer(s) shall be appointed solely with regard to their qualifications for the duties of the office and will have such train- ing and experience as will qualify them to conduct administrative or quasi-judicial hearings on regula- tory enactments and to discharge any other con- ferred functions. C. The alarm appeals officer(s) may be removed from office by the chief of police. (Ord. 09-020 § 35, 2009). 7.20.250 Improper influence, conflict of interest, appearance of fairness. A. No City official, elective or appointive, shall attempt to influence the alarm appeals officer in any matter officially before him so as to constitute misconduct of a public office under Chapter 42.20 RCW or a violation of the appearance of fairness doctrine. B. The alarm appeals officer(s) shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such con- flicts or violations cannot be avoided in a particular case, the alarm appeals officer shall assign an alarm appeals officer as a pro tem to act in his absence. (Ord. 09-020 § 36, 2009). 7.20.260 Organization – Rules. A. The alarm appeals officer(s) shall be empowered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. 1. Such rules may provide for cross-exami- nation of witnesses. 2. Further, such rules shall provide for recording of the proceedings and for compliance with the state, federal and City laws which may govern such a proceeding. B. In rendering a decision, the alarm appeals officer(s) is hereby authorized to take judicial notice of all duly adopted rules, ordinances, stan- dards, plans, regulations and policies of the City and other public agencies. (Ord. 09-020 § 37, 2009). 7.20.270 Exceptions. A. The provisions of this chapter shall not apply to temporary alarm systems used by the department or other public law enforcement agen- cies for investigative or protective purposes. B. Government Facilities. 1. Government facilities as defined in SVMC 7.20.020 are subject to the following spe- cial rules: a. Fee Structure. i. Government facilities are subject to annual registration rules (i.e., providing contact information for the alarm system), but are exempt from payment of the annual registration fees estab- lished pursuant to SVMC 7.20.310. ii. No cost recovery fees shall be charged for police response(s) to false alarms at government facilities. b. Government facilities are exempt from having police response suspended. 2. To qualify for the special rules and exemptions under this section, an alarm site must meet the following criteria: a. The site is located within the municipal boundaries of the City; and b. The site meets the criteria as defined in SVMC 7.20.020, “Government facility.” 3. Upon the fourth response to a false alarm in any calendar year, a responsible party for the government alarm site shall meet with the alarm Spokane Valley Municipal Code 7.20.310 7-24.7 (Revised 2/10) administrator and present a false alarm abatement plan. 4. The alarm administrator may make any other special rules and exceptions as are deemed necessary to assure that appropriate protection and accountability are maintained at government sites. (Ord. 09-020 § 38, 2009). 7.20.280 Special rules applicable to public schools. A. Public schools are subject to the following special rules: 1. Public schools are subject to the following service fee structure: a. Public schools are subject to annual registration rules (i.e., providing information on the alarm system and contact information), but are exempt from paying the annual registration fees applicable to government facilities, as described in SVMC 7.20.270(B). b. No fee is charged for the first false alarm in any calendar year. c. The fee for the second false alarm in any calendar year is waived, provided the site administrator (or designee) successfully completes the online false alarm awareness class. d. The third and all subsequent false alarms in any calendar year are charged at the stan- dard service fee rate. 2. Public school sites are exempt from sus- pension. B. To qualify for the special rules and exemp- tions under this section, an alarm site must meet the following criteria: 1. The site is located within the municipal boundaries of the City; and 2. The site is a public school serving children in one or more of grades K-12, owned and operated by the East Valley School District, West Valley School District, Central Valley School District, or School District 81; or 3. The site is a public school site serving children in one or more of grades K-12, owned and operated by East Valley School District, West Val- ley School District, Central Valley School District, or School District 81. C. The alarm administrator may make any other special rules and exceptions as are deemed neces- sary to assure that appropriate protection and accountability are maintained at public schools. (Ord. 09-020 § 39, 2009). 7.20.290 Confidentiality of alarm information. A. All information gathered through alarm reg- istrations, activations of false alarms, submission of customer lists by alarm sales, installation or monitoring companies, and/or through the appeals process shall be held in confidence by all employ- ees of the City and its third party administrator, if applicable. Such information is proprietary and is hereby declared confidential. B. Absent special circumstances or court order, no information gathered through alarm registra- tions, activations of false alarms, submission of customer lists by alarm sales, installation or moni- toring companies, and/or through the appeals pro- cess shall be released to the public or any other person. C. This information may be released by the alarm administrator to another law enforcement agency, the applicable alarm user and/or his instal- lation or monitoring company upon written request. (Ord. 09-020 § 40, 2009). 7.20.300 Scope of police duty – Immunities preserved. A. The issuance of an alarm registration does not create a contract between the City and any alarm user, alarm installation company, or moni- toring company, nor does it create any duty or obli- gation, either expressed or implied, on the police department to respond to any alarm activation. B. Any and all liability and/or consequential damage or loss resulting from the failure of the police department to respond to an alarm dispatch request is hereby disclaimed and governmental immunity as provided by law is fully retained. C. By applying for an alarm registration, the alarm user acknowledges that police response to an alarm activation may be impacted by the availabil- ity of officers, priority of current calls for service, traffic, weather conditions and staffing levels. (Ord. 09-020 § 41, 2009). 7.20.310 Fees for alarm registration and false alarm enforcement. The fees for registration and enforcement shall be determined by separate resolution. (Ord. 09-020 § 42, 2009). 7.25.010 (Revised 2/10)7-24.8 Chapter 7.25 WATER SAFETY REGULATIONS Sections: 7.25.010 Intent. 7.25.020 Definitions. 7.25.030 Personal flotation device required. 7.25.040 Speed restrictions. 7.25.050 SCUBA diving. 7.25.060 Water skiing. 7.25.070 Operator age requirements. 7.25.080 Buoys. 7.25.090 Hazard to navigation. 7.25.100 Motorized vehicles prohibited area. 7.25.110 Violation – Misdemeanor – Penalty. 7.25.120 Violation – Civil infraction – Penalty. 7.25.130 Additional provisions. 7.25.010 Intent. The City of Spokane Valley declares that ade- quate water safety regulations are necessary to pro- tect the health, safety and welfare of the public. Therefore, the intent of this chapter is to promote safe recreational use of the waterways of the City. (Ord. 03-075 § 1, 2003). 7.25.020 Definitions. In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chap- ter shall be given their common and ordinary meaning and, in addition, the following definitions shall apply: “Buoy” means a floating device or marker anchored in the water. All buoys, except for recre- ational buoys, shall comply with the Uniform State Waterway Marking System (USWMS). Addition- ally, all buoys are subject to the Spokane County shoreline master program which is administered by the City of Spokane Valley planning department. “Buoy line” means a straight line that would exist if drawn between adjacent buoys. “Motorboat” means all boats and vessels that are self-propelled. “Moving water” shall be the Spokane River within the City limits, excluding the north half of the Spokane River where Spokane County contin- ues to have jurisdiction. “Operate” means to steer, direct or otherwise have physical control of a vessel that is underway. “Personal flotation device” means a buoyancy device, life preserver, buoyant vest, ring buoy or buoy cushion that is designed to float a person in the water and that has United States Coast Guard approval. “Personal watercraft” means a vessel of less than 16 feet that uses a motor powering and water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel. “Shoreline” means the existing intersection of water, which includes permitted appendances, with the ground surface. “Underway” means that a vessel is not at anchor, or made fast to the shore, or aground. “Vessel” means every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. It does not include inner tubes, air mat- tresses, small rafts, flotation devices or toys cus- tomarily used by swimmers. “Wake speed” means a speed not to exceed five miles per hour and not producing a wake to exceed six inches in height at its apex. “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube or a device that requires the use of a tow prior to release such as a surfboard or any other similar device. “Waterway” means any waters, lake, river, trib- utary canal, lagoon or connecting waters within the City. (Ord. 03-075 § 2, 2003). 7.25.030 Personal flotation device required. A. No person may operate or permit to be oper- ated a vessel underway, unless each person 12 years of age or younger thereon is wearing a per- sonal flotation device. B. All persons regardless of age shall wear a personal flotation device while on moving water. (Ord. 03-075 § 3, 2003). 7.25.040 Speed restrictions. A. No person shall operate a vessel at a speed greater than 50 miles per hour on any waterway. B. No person shall operate a vessel in excess of wake speed within 100 feet of: 1. Any shoreline; 2. Another moving or stationary vessel; 3. Swimmer; 4. SCUBA dive flag; or 5. Buoy line. C. No person shall operate a vessel on any waterway that has a width of 200 feet or less at its Spokane Valley Municipal Code 7.25.100 7-25 (Revised 2/15) widest point at a speed in excess of wake speed within 50 feet of any: 1. Shoreline; 2. Another moving or stationary vessel; 3. Swimmer; 4. Buoy line. D. No person shall operate a vessel on any waterway from one-half hour after sunset to one- half hour before sunrise at a speed in excess of 15 miles per hour. (Ord. 03-075 § 4, 2003). 7.25.050 SCUBA diving. A. Any person engaged in SCUBA diving shall mark the area in which such operations are being conducted by the use of a diver’s flag, which is red with a white diagonal stripe, at least 12 by 12 inches. B. Any person engaged in SCUBA diving oper- ations between sunset and sunrise shall mark such location in which such operations are being con- ducted by the use of the diver’s flag which is illu- minated and visible for a distance of one mile. C. All persons engaged in a SCUBA operation shall remain within 50 feet of their diving flag upon surfacing. (Ord. 03-075 § 5, 2003). 7.25.060 Water skiing. A. No person shall engage in water skiing, except on a take-off, within 100 feet of the shore- line. Any take-off from within 100 feet of the shoreline must be made outward and at right angles to the shoreline. At no time can such take-off cause risk or hazard to other vessels or persons on the water. B. No person or persons shall engage in water skiing within 100 feet of any boat-launching ramp, motionless vessel, vessel underway, swimmer, buoy or shoreline. C. All persons engaging in water skiing shall comply with speed and distance regulations set forth in this chapter with respect to buoy lines and shorelines during drop-offs. D. No person operating a vessel shall follow behind a person (water skiing or being towed in any manner) closer than 300 feet nor cross the tow- ing vessel’s bow by less than 200 feet, nor come within 100 feet of the person being towed. E. No person shall engage in water skiing or any other recreational activity involving the act of being towed by a vessel on any waterway from one-half hour after sunset to one-half hour before sunrise. (Ord. 03-075 § 6, 2003). 7.25.070 Operator age requirements. A. No person under the age of 10 years shall be allowed to operate a motorboat. B. Persons 10 years of age to 14 years of age may operate a motor-driven boat of 10 horsepower or less. Persons 14 years of age and older may operate any motor-driven boat. C. No owner of any vessel or person who is in control of a vessel shall knowingly permit the oper- ation of such vessel upon any waterway in viola- tion of the provisions of this section. (Ord. 03-075 § 7, 2003). 7.25.080 Buoys. A. Speed/no-wake buoys, also known as regu- latory markers, shall be placed 100 feet from the established high water mark or 75 feet from an appendance. A permitted appendance, such as a dock, shall constitute the shoreline for the purpose of this section. B. Recreational buoys (i.e., slalom courses) shall be placed 100 feet from the established high water mark and if left unattended from sunset to sunrise shall be available for public use. C. Mooring buoys shall be placed within 50 feet of the shoreline; provided, however, mooring buoys may be placed greater than 50 feet from the shoreline if such buoys are appropriately marked as provided for in the USWMS, illuminated and maintained with a bright flashing white light during the hours between sunset and sunrise. D. The City police department shall attach a bright-colored notice giving the owner seven days to remove or replace any buoy in violation of the USWMS. After the seventh day, the buoy may be removed by the City police department; provided, however, the City police department may remove any buoy, at any time, without notification to its owner, when the City police department deems the buoy to be a hazard to navigation. (Ord. 03-075 § 8, 2003). 7.25.090 Hazard to navigation. No person may place or cause to be placed any ski, swim dock, buoy or floating course in water- ways that creates a hazard to navigation. (Ord. 03- 075 § 9, 2003). 7.25.100 Motorized vehicles prohibited area. A. No person shall operate a motorboat or per- sonal watercraft on the Spokane River from its intersection with the west side of the Barker Road Bridge to its intersection with the west side of the 7.25.110 (Revised 2/15)7-26 Centennial Trail Bridge at Plante Ferry Park from April 16th to October 14th of any given year. B. This section does not apply to police, fire, or emergency vessels in enforcement, training, or res- cue. (Ord. 03-075 § 10, 2003). 7.25.110 Violation – Misdemeanor – Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be pun- ished by imprisonment in the Spokane County jail for a period of not more than 90 days, or pay a fine not more than $1,000, or by both such imprison- ment and fine. (Ord. 03-075 § 11, 2003). 7.25.120 Violation – Civil infraction – Penalty. A. In addition to or as an alternative to those provisions set forth in SVMC 7.25.110, a violation of any of the provisions of this chapter shall consti- tute a civil infraction subject to a monetary penalty in the amount as provided for in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). B. For the purpose of this section, the Spokane Valley police department is the person authorized to enforce the provisions of this chapter. C. The procedures for the issuance of a notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provisions of Chapter 7.80 RCW. (Ord. 03-075 § 12, 2003). 7.25.130 Additional provisions. The provisions of this chapter shall be in addi- tion to and not a substitute for or limited by any other applicable laws. (Ord. 03-075 § 13, 2003). Chapter 7.30 ANIMAL REGULATIONS Sections: 7.30.010 Animal control regulations. 7.30.020 Copy to be available. 7.30.030 Repealed. 7.30.035 Declaration of dangerous dog determination – Appeals relating thereto. 7.30.040 Declaration of potentially dangerous dog determination – Appeals relating thereto. 7.30.045 Registration of dangerous dogs – Requirements – Annual fee. 7.30.010 Animal control regulations. A. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Chapter 5.04, entitled “Dogs and Cats,” and Chapter 5.12, entitled “Inherently Dangerous Mammals/Reptiles,” of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spo- kane Valley, except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of whether a dog is dangerous, and except as specifi- cally set forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous, and except as specifically set forth in SVMC 7.30.045 relating to registration of danger- ous dogs, and repealing the City’s adoption of Spo- kane County Code Sections 5.04.032, 5.04.033 and 5.04.035; any reference to “Spokane County” in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spo- kane Valley. B. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Section 5.04.030 of the Spokane County Code, entitled “Cat License – Required,” as now in effect and subsequently amended. Any reference to “Spokane County” shall be construed to refer to Spokane Valley. (Ord. 15-001 § 1, 2015; Ord. 12- 005 § 2, 2012; Ord. 07-003 § 2, 2007; Ord. 56-A1 § 1, 2003; Ord. 56 § 1, 2003). 7.30.020 Copy to be available. One copy of Chapters 5.04 and 5.12 of the Spo- kane County Code shall be available in the office of the city clerk for use, inspection and copying by the public. (Ord. 15-001 § 2, 2015; Ord. 56 § 3, 2003). Spokane Valley Municipal Code 7.30.035 7-27 (Revised 2/15) 7.30.030 Reference to hearing bodies. Repealed by Ord. 07-003. (Ord. 56 § 4, 2003). 7.30.035 Declaration of dangerous dog determination – Appeals relating thereto. A. When the animal control director or desig- nee has sufficient information to determine that a dog is dangerous pursuant to Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is dangerous. In the event a preliminary determination is made that the dog is dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice shall state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal dangerous; 4. If the dog has been determined to be dan- gerous, then the controls stated in SVMC 7.30.045 shall apply; and 5. An explanation of the owner’s or keeper’s rights and the proper procedure for appealing a declaration that a dog is dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or desig- nee issuing a final determination that a dog is dan- gerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control director or designee, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or infor- mation as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 cal- endar days following receipt of the notice. The owner or keeper may propose an alternative meet- ing date and time, but such administrative review meeting shall occur within the 15-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee. 2. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be danger- ous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 3. An order declaring a dog dangerous shall be delivered to the dog owner or keeper in writing either by personal delivery, or by regular mail and certified mail, return receipt requested. D. Any dog that is declared dangerous by the animal control director or designee, whether pre- liminary or final, shall be immediately impounded until the owner or keeper registers the dog as dan- gerous pursuant to SVMC 7.30.045. The owner or keeper shall have 15 days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection F of this section. If the owner or keeper fails to regis- ter the dog or appeal the determination, the dog shall be euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration, pursuant to subsection F of this section, pending the outcome of the appeal, the dog shall be held at the shelter at the owner’s expense at a rate established by the animal control authority. E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the deci- sion by filing a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or desig- nee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hear- ing examiner may allow testimony and documents that are relevant to the administrative determina- 7.30.040 (Revised 2/15)7-28 tion that the dog is dangerous. The owner or keeper of the dog may require, by at least two days’ writ- ten notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine wit- nesses present. The burden shall be on the animal control director to establish by a preponderance of the evidence that the dog is a dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner’s decision shall accept, reject or modify the administrative determination that a dog is dangerous, and shall include findings of fact and conclusions of law that support the deci- sion. The hearing examiner may modify the deter- mination that a dog is dangerous to a determination that the dog is potentially dangerous, if the facts warrant, and impose any of the requirements pur- suant to SVMC 7.30.040(D). The decision shall be given the effect of a final decision by the city coun- cil, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. If the decision upholds the adminis- trative determination that a dog is dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior court, the dog will be euthanized at the direction of the ani- mal control director or designee. If the dog owner or keeper timely appeals the dangerous dog decla- ration, the dog shall be registered provisionally pursuant to SVMC 7.30.045(G) or, pending the outcome of the appeal, the dog will be held at the shelter at the owner’s expense, at a rate established by the animal control authority. G. A dangerous dog’s owner or keeper who violates any condition imposed under this section shall be guilty of a gross misdemeanor. (Ord. 15- 001 § 3, 2015; Ord. 13-005 § 1, 2013; Ord. 08-001 § 2, 2008; Ord. 07-003 § 4, 2007). 7.30.040 Declaration of potentially dangerous dog determination – Appeals relating thereto. A. When the animal control director or desig- nee has sufficient information to determine that a dog is potentially dangerous pursuant to Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary dec- laration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice shall state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal potentially danger- ous; 4. A statement that the registration and con- trols pursuant to subsection D of this section may apply; 5. An explanation of the owner’s or keeper’s opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an adminis- trative review with the animal control director or designee to present information on why the dog should not be declared potentially dangerous; 6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control director or designee shall constitute a failure to exhaust all administra- tive remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court; and 7. An explanation of the owner’s or keeper’s rights and the proper procedure for appealing a declaration that a dog is potentially dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control direc- tor or designee issuing a final determination that a dog is potentially dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she may request in writ- ing to meet with the animal control director or des- ignee for an administrative review meeting within 15 calendar days following receipt of the notice, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. Once an adminis- trative review meeting is requested in writing by the owner or keeper, the animal control director or Spokane Valley Municipal Code 7.30.045 7-29 (Revised 2/15) designee shall provide written notice to the owner or keeper of the date, time and place of the admin- istrative review meeting. Administrative review meetings may be conducted telephonically. 2. A failure by the dog owner or keeper to request and attend an administrative review meet- ing with the animal control director or designee shall constitute a failure to exhaust all administra- tive remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court. 3. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determina- tion. 4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writing, either by personal delivery or by regular mail. D. The owner or keeper of a dog determined to be potentially dangerous pursuant to this section shall comply with certain requirements, which may include, but are not limited to, the following: 1. Erection of new or additional fencing to keep the dog within the owner’s or keeper’s prop- erty; 2. Construction of a dog run consistent with the size of the dog within which the dog must be kept; 3. Microchip identification, pursuant to Spo- kane County Code Section 5.04.036; 4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended; 5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of a compe- tent person at least 15 years of age; and 6. The posting of the premises with at least one clearly visible warning sign that there is a potentially dangerous dog on the property. In addi- tion, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog. E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation pursuant to subsection C of this section. The hear- ing examiner may adopt appropriate hearing proce- dures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is con- tinued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow tes- timony and documents that are relevant to the administrative determination that the dog is poten- tially dangerous. The owner or keeper of the dog may require, by at least two days’ written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the Spokane County animal control director to establish by a preponderance of the evidence that the dog is a potentially dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner’s decision shall accept, reject or modify the administrative determination that a dog is potentially dangerous, and shall include findings of fact and conclusions of law that support the decision. The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. G. A potentially dangerous dog’s owner or keeper who violates any of the conditions imposed under this section shall be guilty of a misdemeanor. (Ord. 15-001 § 4, 2015; Ord. 13-005 § 2, 2013; Ord. 08-001 § 3, 2008; Ord. 07-003 § 5, 2007). 7.30.045 Registration of dangerous dogs – Requirements – Annual fee. A. The owner or keeper of a dangerous dog shall obtain a certificate of registration for such animal from Spokane County animal control within 15 days of a declaration of dangerous dog or within 15 days of the appeal decision if appealed 7.30.045 (Revised 2/15)7-30 pursuant to SVMC 7.30.035. No dangerous dog shall be returned by Spokane County animal con- trol to anyone prior to the issuance of the certificate of registration. The certificate of registration shall be issued only if the owner or keeper of the danger- ous dog presents sufficient proof at the discretion of the animal control director of some or all of the following: 1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly vis- ible sign that there is a dangerous dog on the prop- erty. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond pursuant to RCW 16.08.080 as adopted or amended, issued by a surety insurer pursuant to Chapter 48.28 RCW in a form acceptable to Spokane County animal control in the sum of at least $250,000, payable to any per- son injured by the dangerous dog, regardless of whether the injury occurs on or off the owner’s or keeper’s premises. Said surety bond shall provide for prior written notification to Spokane County animal control of cancellation or material change; or A policy of liability insurance pursuant to RCW 16.08.080 as adopted or amended, such as homeowner’s insurance, issued by an insurer pur- suant to RCW Title 48 in the amount of at least $250,000, with a maximum $500.00 deductible, insuring the owner or keeper for any personal inju- ries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner’s or keeper’s premises. Said policy of liability insur- ance shall provide for prior written notification to Spokane County animal control of cancellation or material change, payable to any person for per- sonal injuries; Prior to the issuance of a certificate of regis- tration, the owner or keeper of a dangerous dog shall also furnish to Spokane County animal con- trol a complete copy of the surety bond or policy of liability insurance specified in this subsection (A)(2), and shall allow Spokane County animal control a reasonable time to review the bond or pol- icy to determine whether the liability coverage is sufficient; 3. A muzzle and leash for the dangerous dog which has been approved by Spokane County ani- mal control; 4. Keeping the dog indoors at all times, except when on a leash approved by Spokane County animal control, and under the actual physi- cal control of the owner or keeper or a competent person at least 15 years of age; 5. Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent it from biting any person or animal when outside a proper enclo- sure; 6. A microchip implant injected for identifi- cation purposes pursuant to Spokane County Code Section 5.04.036; and 7. The dangerous dog shall be spayed/neu- tered at the owner’s expense to complete the regis- tration. If the dangerous dog has previously been spayed/neutered, the owner or keeper of the dan- gerous dog shall provide sufficient proof of such spaying/neutering promptly to Spokane County animal control. Any impounded dangerous dog may be transported by Spokane County animal control to a veterinarian for spaying/neutering as part of the registration process. B. In addition to the regular dog licensing fees pursuant to Spokane County Code Section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration shall be valid for 12 months. Dangerous dog registration shall be renewed every 12 months. A reinspection of the facility is required prior to renewal. Prior to re-reg- istration, the owner or keeper shall also provide Spokane County animal control proof of proper insurance or a surety bond pursuant to subsection A of this section. C. This section shall not apply to police dogs as defined in RCW 4.24.410. D. The owner or keeper of a dangerous dog shall notify Spokane County animal control, in writing, if the dog is deceased, if the dangerous dog is to be relocated, or if there is a change in owner- ship. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper shall provide Spokane County animal con- trol with at least 10 days’ prior written notice that includes the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous dog shall also notify any subsequent owner or keeper of the dog’s designation as a dangerous dog. If change of ownership and/or relocation of a dangerous dog is within Spokane County, all conditions imposed pursuant to this section shall be in place for the new owner and at the new location prior to such change. E. Dogs deemed dangerous by other jurisdic- tions in the state of Washington shall be subject to Spokane Valley Municipal Code 7.30.045 7-30.1 (Revised 2/15) the same regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dan- gerous by jurisdictions outside of the state of Washington, whose owner or keeper seeks to relo- cate to the city, shall present such dog for evalua- tion by the Spokane County animal control director or designee, who may, on an individual basis, declare the animal dangerous pursuant to Spokane County Code Section 5.04.020(9). Dogs meeting the requirements of a dangerous dog pursuant to Spokane County Code Section 5.04.020(9) shall be registered as such, and are subject to all other restrictions imposed pursuant to this section. F. An owner or keeper of a dog previously deemed dangerous by Spokane County animal control and subsequently relocated outside Spo- kane County shall register the dog pursuant to this section prior to bringing the dog into the City. Such dogs are prohibited from re-entering the City with- out prior written consent from Spokane County animal control and/or full re-registration. G. Notwithstanding any other provision in this section, the animal control director may issue a provisional registration certificate under the fol- lowing circumstances: 1. The dangerous dog declaration has been appealed pursuant to SVMC 7.30.035, provided all conditions pursuant to this section have been met, with the exception of subsection (A)(7) of this sec- tion requiring spay/neuter; or 2. The owner is relocating the dangerous dog outside Spokane County and all conditions pursu- ant to this section have been met, with the excep- tion of subsection (A)(2) of this section requiring surety bond or liability insurance. A provisional permit issued pursuant to subsec- tion (G)(1) of this section shall expire 15 days fol- lowing the appeal decision. A provisional permit issued pursuant to subsection (G)(2) of this section shall be valid for the sole purpose of immediate transport and relocation of the dangerous dog from the shelter to a location outside Spokane County. H. A dangerous dog’s owner or keeper who violates any conditions imposed pursuant to this section shall be guilty of a gross misdemeanor. (Ord. 15-001 § 5, 2015; Ord. 13-005 § 3, 2013; Ord. 07-003 § 6, 2007). (Revised 2/15)7-30.2 This page intentionally left blank. Spokane Valley Municipal Code 7.40.020 7-31 (Revised 8/11) Chapter 7.35 MOTORIZED PERSONAL TRANSPORTATION DEVICES (Recodified as Chapter 9.20 SVMC by Ord. 07-005) Chapter 7.40 ELECTRONIC CIGARETTES AND RELATED DEVICES Sections: 7.40.010 Purpose and intent. 7.40.020 Definitions. 7.40.030 Sampling and sales to minors prohibited. 7.40.040 Coupon redemption. 7.40.050 Purchase by minors prohibited. 7.40.060 Prohibition signage to be posted – Identification required. 7.40.070 Mechanical sales restricted. 7.40.080 Penalties and enforcement. 7.40.090 Chapter to be harmonized with state and federal law. 7.40.010 Purpose and intent. The purpose and intent of this chapter is to pro- tect minors from the hazards of nicotine addiction and the dangers of ingesting products with no reg- ulatory oversight as to their purity, contents, and potential negative health impacts. (Ord. 11-003 § 1, 2011). 7.40.020 Definitions. As used in this chapter: “Electronic cigarette” or “e-cigarette” means an electronic device usually composed of a mouth- piece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, gener- ally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. “Liquid nicotine” means any liquid product composed either in whole or part of nicotine, pro- pylene glycol and/or other similar substances and manufactured for use with e-cigarettes to be con- verted into a gas for inhaling. “Minor” means someone under 18 years of age. “Person” means any natural person, individual, corporation, unincorporated association, propri- etorship, firm, partnership, joint venture, joint stock association, or other entity or business of any kind. (Ord. 11-003 § 1, 2011). 7.40.030 (Revised 8/11)7-32 7.40.030 Sampling and sales to minors prohibited. A. No person may give, distribute, transfer, sell, market, or offer e-cigarettes, their compo- nents, or samples to persons under 18 years of age. B. It is a defense to a prosecution for violation of this section when the person making the gift, distribution, transfer, sale, marketing, or offer as a gift, transfer, sale, marketing, or sample reasonably relied on any of the officially issued identifications referenced in RCW 70.155.090 showing the pur- chaser or recipient was at least 18 years old. (Ord. 11-003 § 1, 2011). 7.40.040 Coupon redemption. No person shall give or distribute e-cigarettes, or their components, to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store to help prevent redemption of such merchandise by a minor. (Ord. 11-003 § 1, 2011). 7.40.050 Purchase by minors prohibited. No person under the age of 18 may purchase, attempt to purchase, possess, or obtain e-cigarettes or their components. This prohibition does not apply to activities or enforcement actions under the control of a City, state, or federal law enforcement authority or Spokane Regional Health District. (Ord. 11-003 § 1, 2011). 7.40.060 Prohibition signage to be posted – Identification required. A. Any person selling, marketing, displaying, giving, or distributing e-cigarettes or their compo- nents shall display a printed sign, posted so that it is clearly visible to anyone purchasing e-cigarettes or their components. The sign must be in contrast- ing colors and at least 20 point type and must read substantially as follows: IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR PURCHAS- ING E-CIGARETTES OR RELATED DE- VICES OR THEIR COMPONENTS – SVMC 7.40.050. THE SALE OF E-CIGARETTES OR RELATED DEVICES OR THEIR COM- PONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED – SVMC 7.40.030. PHOTO ID REQUIRED. B. When there may be a question of a person’s age, identification of at least the sufficiency refer- enced in RCW 70.155.090 shall be required by any person selling, giving, or distributing e-cigarettes or their components. (Ord. 11-003 § 1, 2011). 7.40.070 Mechanical sales restricted. A. No person shall sell or permit to be sold e- cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited, or in industrial work- sites where minors are not employed nor permitted, and not less than 10 feet from all entrance or exit ways to and from each premises. B. It is a defense to this section if the person demonstrates to the satisfaction of the building official that it is architecturally impracticable for the device to be located not less than 10 feet from all entrance and exit ways. (Ord. 11-003 § 1, 2011). 7.40.080 Penalties and enforcement. Violation of any provision of this chapter by a minor shall be a class 3 civil infraction under SVMC 1.10.010 and Chapter 7.80 RCW. Violation of any provision of this chapter by anyone other than a minor shall be a class 1 civil infraction under SVMC 1.10.010 and Chapter 7.80 RCW. Each transaction is a new and separate violation. This chapter shall be enforced by the chief of the City of Spokane Valley police, or his or her desig- nee, and the health officer for the Spokane Regional Health District, or his or her designee, who shall collectively be the “enforcement officer” as that terminology is used in Chapter 7.80 RCW. (Ord. 11-003 § 1, 2011). 7.40.090 Chapter to be harmonized with state and federal law. A. This chapter shall be harmonized to avoid any conflict with Chapter 70.155 RCW and with all other state or federal preempting laws or regula- tions. Nothing in this chapter diminishes the authority of the City to enforce RCW 70.155.080 or any other applicable laws or regulations. B. This chapter shall be repealed on the day that state or federal legislation goes into effect incorpo- rating either the same or substantially similar pro- visions as are contained in this chapter, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations pre- empting such action by the City. The city council may repeal this chapter whether or not identical or substantially similar state or federal legislation has been enacted for the purposes of triggering the pro- visions of this subsection. (Ord. 11-003 § 1, 2011). 8-1 (Revised 5/14) Title 8 CRIMINAL CODE Chapters: 8.05 In General 8.10 Offenses By or Against Public Officers and Government 8.15 Offenses Against the Person 8.20 Offenses Against Public Decency 8.25 Offenses Against Public Peace 8.30 Offenses Against Property 8.35 Consumer Protection 8.40 Offenses By or Against Minors 8.45 Weapons 8.50 Miscellaneous Offenses 8.55 Unlawful Public Exposure 8-3 (Revised 3/12) Spokane Valley Municipal Code 8.05.050 Chapter 8.05 IN GENERAL Sections: 8.05.010 Preliminary statement. 8.05.020 Purposes – Principles of construction. 8.05.030 City criminal jurisdiction. 8.05.040 Classes of crimes. 8.05.050 Punishment and restitution. 8.05.060 Limitation of action. 8.05.070 Proof beyond a reasonable doubt. 8.05.080 General provisions – Adoption by reference. 8.05.090 Principles of liability. 8.05.100 Defenses. 8.05.110 Regulation of activities – State penal laws. 8.05.120 Copies to be available. 8.05.130 Certified copies to be furnished to court. 8.05.010 Preliminary statement. A. This title shall be known as, and shall be cited as, the Spokane Valley criminal code (SVCC). B. The provisions of this title shall apply to any offense committed on or after 12:01 a.m. on March 31, 2003, within the City of Spokane Valley. C. The provisions of this title do not apply to, or govern the construction of and punishment for, any offense committed prior to 12:01 a.m. on March 31, 2003, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the City at the time of the commission thereof in the same manner as if the ordinance codified in this title had not been enacted. D. The sections of the Revised Code of Wash- ington (RCW) now in effect or as subsequently amended, specifically enumerated in this title, are adopted by reference in this title. E. In issuing a citation to any person or persons for violation of the provisions of this title, law enforcement officers may cite to either the specific Spokane Valley criminal code provision or the spe- cific RCW provision from which it is adopted by reference. F. Section captions are for organizational pur- poses only, and shall not be construed as part of this title. (Ord. 46 § 1, 2003). 8.05.020 Purposes – Principles of construction. A. The general purposes of the provisions gov- erning the definition of offenses are: 1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or pub- lic interests; 2. To safeguard conduct that is without cul- pability from condemnation as criminal; 3. To give fair warning of the nature of the conduct declared to constitute an offense; and 4. To differentiate on reasonable grounds between serious and minor offenses, and to pre- scribe proportionate penalties for each. B. The provisions of this title shall be construed according to the fair import of their terms, and when the language is susceptible of differing con- structions, it shall be interpreted to further the gen- eral purposes stated in this title. C. In adopting the state statutes by reference, only those crimes and offenses within the jurisdic- tion of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemean- ors is to be applied. D. Jurisdiction to prosecute any felonious activity remains with the state of Washington, county of Spokane. (Ord. 46 § 2, 2003). 8.05.030 City criminal jurisdiction. Any person who commits any offense defined by this title, in whole or in part, within the corpo- rate limits of the City, is liable to arrest, prosecu- tion and punishment. (Ord. 46 § 3, 2003). 8.05.040 Classes of crimes. An offense defined by this title, for which a sen- tence of imprisonment is authorized, constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misde- meanors. (Ord. 46 § 4, 2003). 8.05.050 Punishment and restitution. A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of up to 364 days, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine. B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum 8.05.060 (Revised 3/12)8-4 term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine. C. A person who is convicted of a misdemeanor violation of RCW 69.50.401(e), adopted by refer- ence, shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the penalty shall be not less than $500.00 and by imprisonment of not less than 24 consecutive hours. D. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well- being or that local jail facilities are in an over- crowded condition, the term of imprisonment shall not be suspended or deferred. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. E. The city council reserves the right to imple- ment a community service program to provide an alternative to fines and/or imprisonment in jail. F. The court may impose restitution as provided in RCW 9A.20.030. G. In the event there is a conflict in the penalties that can be imposed upon conviction for a specific offense between the provisions of the Spokane Valley criminal code and the Revised Code of Washington, the penalty provisions of the Spokane Valley criminal code shall apply unless preempted by state law. (Ord. 11-022 § 1, 2011; Ord. 46 § 5, 2003). 8.05.060 Limitation of action. A. The prosecution of a gross misdemeanor, or a crime not otherwise classified, may not begin more than two years after its commission. The prosecution of a misdemeanor may not begin more than one year after its commission. B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this state. C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. (Ord. 46 § 6, 2003). 8.05.070 Proof beyond a reasonable doubt. A. Every person charged with an offense is pre- sumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt. B. When an offense has been proven against a person, but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. (Ord. 46 § 7, 2003). 8.05.080 General provisions – Adoption by reference. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.04.050 People capable of committing crimes – Culpability of children. 9A.04.060 Common law as supplement to statutes. 9A.04.070 Who amenable to criminal statutes. 9A.04.090 Application of general provisions of code. 9A.04.110 Definitions. 9.01.055 Citizen immunity if aiding officer. 9.01.110 Omission, when not punishable. 9.01.130 Sending letter, when complete. (Ord. 46 § 8, 2003). 8.05.090 Principles of liability. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another – Complicity. 9A.08.030 Corporate and personal liability. (Ord. 46 § 9, 2003). 8.05.100 Defenses. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.12.010 Defense of insanity. 9A.16.010 Definitions. 9A.16.020 Use of force – When lawful. 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding. 9A.16.060 Duress. 8-5 (Revised 3/12) Spokane Valley Municipal Code 8.10.020 9A.16.070 Entrapment. 9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” – As defense. 9A.16.090 Intoxication. 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable. 9A.16.110 Defending against violent crime – Reimbursement. (Ord. 46 § 10, 2003). 8.05.110 Regulation of activities – State penal laws. The City shall observe and enforce the provi- sions of state law as enacted and amended by the State Legislature with all state law regulating local conduct, location and limitation on activities, to the extent not identified above or subsequently enacted by the state legislature, deemed incorporated by reference as if fully set forth herein. (Ord. 46 § 57, 2003). 8.05.120 Copies to be available. A copy of each portion of the Revised Code of Washington adopted by reference shall be authen- ticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. (Ord. 46 § 59, 2003). 8.05.130 Certified copies to be furnished to court. The city clerk is directed to provide at City expense to the court administrator of the Spokane County district court adequate numbers of certified copies of the ordinance codified in this title to per- mit effective enforcement of this title. (Ord. 46 § 60, 2003). Chapter 8.10 OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT Sections: 8.10.010 False swearing and tampering. 8.10.020 Fire alarms – Crimes relating to. 8.10.030 Flags. 8.10.040 Juries – Crimes relating to. 8.10.050 Misconduct in signing a petition. 8.10.060 Obstructing governmental operation. 8.10.070 Official misconduct. 8.10.080 Vehicles resembling police or fire vehicles. 8.10.010 False swearing and tampering. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.72.010 Definitions. 9A.72.040 False swearing. 9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime. 9A.72.060 Perjury and false swearing – Retraction. 9A.72.070 Perjury and false swearing – Irregularities no defense. 9A.72.080 Statement of what one does not know to be true. 9A.72.140 Jury tampering. 9A.72.150 Tampering with physical evidence. (Ord. 46 § 28, 2003). 8.10.020 Fire alarms – Crimes relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Injuring or tampering with fire alarm apparatus or equipment – Sounding false fire alarm. (Ord. 46 § 29, 2003). 8.10.030 (Revised 3/12)8-6 8.10.030 Flags. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.86.010 “Flag” defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.86.040 Application of provisions. (Ord. 12-006 § 1, 2012; Ord. 46 § 31, 2003). 8.10.040 Juries – Crimes relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. (Ord. 46 § 37, 2003). 8.10.050 Misconduct in signing a petition. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.44.080 Misconduct in signing a petition. (Ord. 46 § 41, 2003). 8.10.060 Obstructing governmental operation. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9A.76.010 Definitions. 9A.76.020 Obstructing a law enforcement officer. 9A.76.030 Refusing to summon aid for law enforcement officer. 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance – Definition of terms. 9A.76.060 Relative defined. 9A.76.070 Rendering criminal assistance in the first degree. 9A.76.080 Rendering criminal assistance in the second degree. 9A.76.090 Rendering criminal assistance in the third degree. 9A.76.100 Compounding. 9A.76.130 Escape in the third degree. 9A.76.160 Introducing contraband in the third degree. 9A.76.170 Bail jumping. (Ord. 46 § 42, 2003). 8.10.070 Official misconduct. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.80.010 Official misconduct. (Ord. 46 § 43, 2003). 8.10.080 Vehicles resembling police or fire vehicles. Any person who operates a motor vehicle painted and exhibiting decals, numbers, name or insignia that simulate a City or county law enforce- ment or fire department vehicle, or official City vehicle, without prior written authorization from the police chief, fire chief, city manager, Spokane County sheriff’s department, or their designees, is guilty of a misdemeanor. (Ord. 46 § 55, 2003). 8-7 (Revised 2/06) Spokane Valley Municipal Code 8.15.040 Chapter 8.15 OFFENSES AGAINST THE PERSON Sections: 8.15.010 Assault and other crimes relating to persons. 8.15.020 Custodial interference. 8.15.030 Domestic violence. 8.15.040 Harassment. 8.15.050 Violating right of privacy. 8.15.010 Assault and other crimes relating to persons. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment in the second degree. 9A.36.070 Coercion. (Ord. 46 § 18, 2003). 8.15.020 Custodial interference. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.40.010 Definitions. 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defenses, restricted. (Ord. 46 § 23, 2003). 8.15.030 Domestic violence. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 10.99.020 Definitions. 10.99.030 Law enforcement officers – Training, powers, duties. 10.99.040 Restrictions upon and duties of the court. 10.99.045 Appearances by defendant – Orders prohibiting contact. 10.99.050 Restriction or prohibition of contact with victim – Violation, penalties, written order – Procedures. 10.99.055 Enforcement of orders against defendants. 26.50.010 Definitions. 26.50.020 Commencement of action – Jurisdiction – Venue. 26.50.030 Petition for an order for protection – Availability of forms and instructional brochures – Fee – Bond not required. 26.50.040 Fees not permitted. 26.50.050 Hearing – Service – Time. 26.50.060 Relief. 26.50.070 Ex parte temporary order for protection. 26.50.080 Issuance of order – Assistance of law enforcement officer – Designation of appropriate law enforcement agency. 26.50.085 Service by publication. 26.50.090 Order – Service. 26.50.095 Order following service by publication. 26.50.100 Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability. 26.50.110 Violation of order – Penalties. 26.50.115 Enforcement of ex parte order – Knowledge as prerequisite. 26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Cost and attorney fees. 26.50.123 Service by mail. 26.50.125 Service by publication or mail – Costs. 26.50.130 Order – Modification – Immunity. 26.50.140 Law enforcement officer – Immunity. 26.50.210 Proceedings additional. (Ord. 46 § 26, 2003). 8.15.040 Harassment. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.61.230 Telephone harassment. 8.15.050 (Revised 2/06)8-8 9.61.240 Telephone harassment – Permitting telephone to be used. 9.61.250 Telephone harassment – Offense, where deemed committed. 9A.46.010 Legislative finding. 9A.46.020 Definitions – Penalties. 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime – Violation. 9A.46.050 Arraignment – No contact order. 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact – Violation. 9A.46.090 Non-liability of peace officer. 9A.46.100 “Convicted,” time when. 9A.46.110 Stalking. (Ord. 46 § 34, 2003). 8.15.050 Violating right of privacy. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.73.020 Opening sealed letter. (Ord. 46 § 56, 2003). Chapter 8.20 OFFENSES AGAINST PUBLIC DECENCY Sections: 8.20.010 Alcoholic beverage control. 8.20.020 Alcoholic beverage control – Opening or consuming liquor or possessing open container of liquor in public place. 8.20.030 Animals – Crimes relating to. 8.20.040 Controlled substances – Drug paraphernalia. 8.20.050 Controlled substances. 8.20.060 Gambling offenses. 8.20.070 Inhaling toxic fumes. 8.20.080 Prostitution. 8.20.090 Sexual offenses. 8.20.100 Urinating in public. 8.20.010 Alcoholic beverage control. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 66.04.010 Definitions. 66.20.160 “Card of identification,” “licensee,” “store employee” defined for certain purposes. 66.20.170 Card of identification may be accepted as identification card and evidence of legal age. 66.20.180 Card of identification to be presented on request of licensee. 66.20.200 Unlawful acts relating to card of identification and certification card – Penalty. 66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow – Violations. Ch. 66.32 Search and seizure; entire chapter. Ch. 66.44 Enforcement – Penalties; entire chapter. (Ord. 46 § 15, 2003). 8.20.020 Alcoholic beverage control – Opening or consuming liquor or possessing open container of liquor in public place. Except as provided by RCW Title 66, any per- son who possesses an open container of liquor in a public place is guilty of an infraction and fined 8-9 (Revised 3/12) Spokane Valley Municipal Code 8.20.070 $50.00, plus applicable court costs and fees. This provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. This provision does not apply to passengers in a public conveyance that is commer- cially chartered for group use or a for-hire vehicle licensed under City, county or state law. (Ord. 04- 031 § 2, 2004; Ord. 46 § 16, 2003). 8.20.030 Animals – Crimes relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.08.030 False certificate of registration of animals – False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals – Taking, concealing, injuring, lulling, etc. – Penalty. 16.52.080 Transporting or confining an animal in an unsafe manner. 16.52.100 Confining animals without food or water. 16.52.117 Animal fighting. 16.52.190 Poisoning animals. 16.52.195 Poisoning animals – Penalty. 16.52.207 Animal cruelty in the second degree. 16.52.300 Dogs or cats used as bait. (Ord. 46 § 17, 2003). 8.20.040 Controlled substances – Drug paraphernalia. The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference: RCW: 69.50.102 Drug paraphernalia – Definitions. 69.50.412 Prohibited acts: E – Penalties. (Ord. 46 § 20, 2003). 8.20.050 Controlled substances. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 69.50.101 Definitions. 69.50.204 (c)(22) Schedule I – Marijuana. 69.50.309 Containers. 69.50.401(e) Prohibited acts: A – Penalties. 69.50.425 Misdemeanor violators – Minimum imprisonment. 69.50.505(a)(1), (3), (6) and (7) Seizure and forfeiture. 69.50.506 Burden of proof. 69.50.509 Search and seizure of controlled substances. (Ord. 12-006 § 2, 2012; Ord. 46 § 21, 2003). 8.20.060 Gambling offenses. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.46.190 Violations relating to fraud or deceit. 9.46.193 Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts. 9.46.195 Obstructing of public servant – Penalty. 9.46.196 Cheating – Defined. 9.46.1962 Cheating – Second degree. 9.46.198 Working in gambling activity without license as violation – Penalty. 9.46.210 Enforcement – Commission as law enforcement agency. 9.46.217 Gambling records – Penalty – Exceptions. 9.46.222 Professional gambling in the third degree. 9.46.240 Gambling information, transmitting or receiving as violation – Penalty. 9.46.260 Proof of possession as evidence of knowledge of its character. (Ord. 46 § 33, 2003). 8.20.070 Inhaling toxic fumes. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.47A.010 Definition. 8.20.080 (Revised 3/12)8-10 9.47A.020 Unlawful inhalation – Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. (Ord. 46 § 35, 2003). 8.20.080 Prostitution. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.88.030 Prostitution. 9A.88.050 Prostitution – Sex of parties immaterial – No defense. 9A.88.060 Promoting prostitution – Definitions. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. (Ord. 46 § 44, 2003). 8.20.090 Sexual offenses. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.68.130 “Sexually explicit material” – Defined – Unlawful display. 9.68.140 Vehicle impoundment. 9A.44.010 Definitions. 9A.44.030 Defenses to prosecution under this chapter. 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.88.010 Indecent exposure. 9A.88.030 Prostitution. 9A.88.050 Prostitution – Sex of parties immaterial – No defense. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. (Ord. 46 § 48, 2003). 8.20.100 Urinating in public. Any person who intentionally urinates or defe- cates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be guilty of a civil infraction, with the fine not to exceed $100.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 46 § 54, 2003). 8-11 (Revised 3/13) Spokane Valley Municipal Code 8.25.025 Chapter 8.25 OFFENSES AGAINST PUBLIC PEACE Sections: 8.25.010 Anticipatory offenses. 8.25.020 Aggressive begging (panhandling). 8.25.025 Solicitation from vehicle occupants prohibited. 8.25.030 Disorderly conduct. 8.25.040 Public disturbance. 8.25.050 Public nuisances. 8.25.060 Noise disturbance. 8.25.010 Anticipatory offenses. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. (Ord. 46 § 11, 2003). 8.25.020 Aggressive begging (panhandling). A. Any person who engages in aggressive beg- ging in any public place in the City as those terms are defined by this section is guilty of a misde- meanor. B. As used in this section: 1. “Aggressive begging” means to beg with intent to intimidate another person into giving money or goods. 2. “Begging” means to ask for money or goods as a charity, whether by words, bodily ges- tures, signs or other means. 3. “Intimidate” means to coerce or frighten into submission or obedience. 4. “Public place” means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the pub- lic with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, park- ways, park drives, park paths and rights-of-way open to the use of the public. (Ord. 10-014 § 2, 2010; Ord. 46 § 14, 2003). 8.25.025 Solicitation from vehicle occupants prohibited. A. The purpose of this section is to promote the City’s fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur at locations and under circumstances speci- fied herein which pose substantial risks to vehicu- lar and pedestrian safety. B. No person shall solicit from the occupants of any vehicle and be physically present within or subsequently enter a prohibited roadway. C. As used in this section: 1. “Enter” means to cross the vertical plane of the edge of a prohibited roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof. 2. “Prohibited roadway” means a state route, on ramp or off ramp to Interstate 90, or principal arterial, and also the first 100 feet of a road that intersects a state route, on ramp or off ramp to Interstate 90, or principal arterial, as measured from the edge of the state route, on ramp or off ramp to Interstate 90, or principal arterial. “Prohib- ited roadway”: a. Includes any portion of a road traveled by vehicles; b. Includes paved shoulders and bike lanes; c. Includes medians, which may be denoted by a physical barrier or solid yellow pave- ment markings; d. Excludes all sidewalks and curbs. 3. “Solicit” means: a. Either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, mone- tary gifts, or any article representing monetary value, for any purpose; b. Either orally or in writing, to sell or offer for immediate sale goods, services, or publi- cations; c. To distribute without remuneration goods, services, or publications; or d. To solicit signatures on a petition or opinions for a survey. D. Prohibited roadways, with the exception of roadway within 100 feet of a state route, on ramp or off ramp to Interstate 90, or principal arterial, established herein are delineated upon the official map, entitled “Prohibited Roadways as Defined by SVMC 8.25.025C2 and Referenced in SVMC 8.25.025D” as adopted as part of this code as if contained herein. 8.25.030 (Revised 3/13)8-12 The official map shall be filed in the office of the city clerk. It shall be the duty of the city attorney to cause the official map to be updated and main- tained by having changes entered that the city council may approve. E. Any person who violates this section is guilty of a misdemeanor. F. A person summoning aid in an emergency situation is not a violation under this section. (Ord. 12-020 § 1, 2012; Ord. 10-014 § 3, 2010). 8.25.030 Disorderly conduct. Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person: A. Uses abusive language and thereby inten- tionally creates a risk of assault; B. Intentionally disrupts any lawful assembly or meeting of persons without authority; C. Intentionally obstructs vehicular or pedes- trian traffic without lawful authority; D. Fights by agreement, except as part of an organized athletic event; or E. Enters or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and inten- tionally causes disruption of the activities of the school. F. As used in this section, “school” has its ordi- nary meaning and also includes universities, col- leges, community colleges and institutions of higher learning. (Ord. 46 § 25, 2003). 8.25.040 Public disturbance. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.27.015 Interference, obstruction of any court building or residence – Violations. 9A.84.010 Riot. 9A.84.020 Failure to disperse. 9A.84.040 False reporting. (Ord. 46 § 45, 2003). 8.25.050 Public nuisances. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. (Ord. 46 § 46, 2003). 8.25.060 Noise disturbance. A. It is unlawful for any person to make, con- tinue, cause to be made, or to allow to originate from real property in the possession of said person, in private rights-of-way, or in public rights-of-way, any sound which creates a noise disturbance. B. For the purposes of this section, the follow- ing sounds are declared to be noise disturbances: 1. Sounds created by use of a radio, televi- sion set, musical instrument, sound amplifier or any other device capable of producing or reproduc- ing sound, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort or repose of a reasonable person of normal sensitivity; 2. Any other sound occurring frequently, repetitively or continuously which annoys or dis- turbs the peace, comfort or repose of a reasonable person of normal sensitivity. This section shall not apply to noncommercial public speaking and pub- lic assembly activities conducted on any public space or public right-of-way for which a permit has been obtained. Additionally, this section shall not apply to noises produced by dogs, which is addressed in SVMC 6.05.070(K)(4). C. Exemptions. 1. The following shall be exempt from the provisions of this chapter: a. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; b. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; c. Sounds created by surface carriers engaged in commerce or passenger travel by rail- road; d. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes or carillons; Spokane Valley Municipal Code 8.25.060 8-12a (Revised 9/10) e. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; f. Sounds created by emergency equip- ment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; g. Sounds originating from officially sanctioned parades and other public events; h. Sounds emitting from petroleum refin- ery boilers during startup of the boilers; provided, that the startup operation is performed during day- time hours whenever possible; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natu- ral gas transmission and distribution facilities; l. Sounds created in conjunction with pub- lic work projects or public work maintenance oper- ations executed at the cost of the federal government, state or municipality; m. Sounds created in conjunction with the collection of solid wastes; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, and other public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 2. The following shall be exempt from provi- sions of this chapter between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds and appurtenances; b. Sounds created by the discharge of fire- arms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine test- ing and maintenance not related to flight opera- tions; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 3. The following shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activ- ity; b. Sounds originating from forest harvest- ing and silvicultural activity; c. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and process- ing of minerals or materials for concrete batching, asphalt mixing and rock crushers; d. Sounds originating from uses on prop- erties which have been specifically conditioned to (Revised 9/10)8-12b This page intentionally left blank. Spokane Valley Municipal Code 8.30.030 8-13 (Revised 3/12) meet certain noise standards by an appropriate City hearing body. D. Violation – Misdemeanor – Penalty. Any person violating any of the provisions of this chap- ter shall be deemed guilty of a misdemeanor. (Ord. 05-009 § 2, 2005; Ord. 04-030 § 2, 2004). Chapter 8.30 OFFENSES AGAINST PROPERTY Sections: 8.30.010 Abandoned refrigeration equipment. 8.30.020 Interference with healthcare facilities or providers. 8.30.030 Littering and pollution. 8.30.040 Reckless burning. 8.30.050 Trespass and prowling. 8.30.010 Abandoned refrigeration equipment. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.040 Keeping or storing equipment for sale. (Ord. 46 § 12, 2003). 8.30.020 Interference with healthcare facilities or providers. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.50.005 Finding. 9A.50.010 Definitions. 9A.50.020 Interference with healthcare facility. 9A.50.030 Penalty. 9A.50.060 Informational picketing. (Ord. 46 § 36, 2003). 8.30.030 Littering and pollution. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 70.93.030 Definitions. 70.93.060 Littering. (Ord. 46 § 39, 2003). 8.30.040 (Revised 3/12)8-14 8.30.040 Reckless burning. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.48.010 Definitions. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning – Defense. 9A.48.090 Malicious mischief in the third degree. 9A.48.100 Malicious mischief – “Physical damage” defined. (Ord. 46 § 47, 2003). 8.30.050 Trespass and prowling. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.52.010 Definitions. 9A.52.060 Making or having burglar tools. 9A.52.070 Criminal trespass in the first degree. 9A.52.080 Criminal trespass in the second degree. 9A.52.090 Criminal trespass – Defenses. 9A.52.100 Vehicle prowling in the second degree. 9A.52.120 Computer trespass in the second degree. 9A.52.130 Computer trespass – Commission of other crime. (Ord. 46 § 53, 2003). Chapter 8.35 CONSUMER PROTECTION Sections: 8.35.010 Advertising – Crimes relating to. 8.35.020 Competitive bidding. 8.35.030 Corporations. 8.35.040 False representations. 8.35.050 Fraud. 8.35.060 Telephone credit cards. 8.35.070 Theft and possession of stolen property. 8.35.080 Trademarks and other marks. 8.35.010 Advertising – Crimes relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.04.010 False advertising. 9.04.090 Advertising fuel prices by service station. (Ord. 46 § 13, 2003). 8.35.020 Competitive bidding. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding. (Ord. 12-006 § 3, 2012; Ord. 46 § 19, 2003). 8.35.030 Corporations. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. (Ord. 46 § 22, 2003). Spokane Valley Municipal Code 8.35.080 8-15 (Revised 3/12) 8.35.040 False representations. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. (Ord. 46 § 27, 2003). 8.35.050 Fraud. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.45.060 Encumbered, leased, or rented personal property – Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9A.60.010 Definitions. 9A.60.040 Criminal impersonation. 9A.60.050 False certification. 9A.61.010 Defrauding a public utility – Definitions. 9A.61.020 Defrauding a public utility. 9A.61.050 Defrauding a public utility in the third degree. 9A.61.060 Restitution and costs. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. (Ord. 46 § 32, 2003). 8.35.060 Telephone credit cards. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.26A.090 Telephone company credit cards – Publishing numbers or code – “Publishes” defined. 9.26A.100 Definition. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. (Ord. 46 § 50, 2003). 8.35.070 Theft and possession of stolen property. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9A.56.010 Definitions. 9A.56.020 Theft – Definition, defense. 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.100 Theft and larceny equated. 9A.56.140 Possessing stolen property – Definition – Presumption. 9A.56.170 Possessing stolen property in the third degree. 9A.56.180 Obscuring identity of a machine. 9A.56.220 Theft of cable television services. 9A.56.230 Unlawful sale of cable television services. 9A.56.240 Forfeiture and disposal of device used to commit violation. 9A.56.260 Connection of channel converter. 9A.56.270 Shopping cart theft. (Ord. 46 § 51, 2003). 8.35.080 Trademarks and other marks. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.16.030 Counterfeit mark, intellectual property. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Sales of petroleum products improperly labeled or graded. 9.16.100 Use of words “sterling silver,” etc. 9.16.110 Use of words “coin silver,” etc. 8.40.010 (Revised 3/12)8-16 9.16.120 Use of word “sterling” on mounting. 9.16.130 Use of the words “coin silver” on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 “Marked, stamped or branded,” defined. (Ord. 12-006 § 4, 2012; Ord. 46 § 52, 2003). Chapter 8.40 OFFENSES BY OR AGAINST MINORS Sections: 8.40.010 Sexual offenses relative to minors. 8.40.010 Sexual offenses relative to minors. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference: RCW: 9.68A.011 Definition. 9.68A.080 Processors of depictions of minors engaged in sexually explicit conduct – Report required. 9.68A.090 Communication with a minor for immoral purposes. 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty. 9.69.100 Duty of witness of offense against child or any violent offense – Penalty. 26.28.080 Selling or giving tobacco to minors – Belief of representative capacity, no defense – Penalty. (Ord. 12-006 § 5, 2012; Ord. 46 § 49, 2003). Spokane Valley Municipal Code 8.50.010 8-17 (Revised 5/14) Chapter 8.45 WEAPONS Sections: 8.45.010 Discharge of firearms prohibited. 8.45.020 Firearms. 8.45.030 Lasers. 8.45.010 Discharge of firearms prohibited. A. Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor because there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. B. “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. C. The provisions of this section do not apply to: 1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; 2. Law enforcement personnel; 3. Security personnel while engaged in offi- cial duties; and 4. A person utilizing a properly licensed institutional, membership and/or commercial shooting range. (Ord. 09-041 § 3, 2009; Ord. 46 § 24, 2003). 8.45.020 Firearms. All provisions of Chapter 9.41 RCW, as pres- ently constituted or hereinafter amended, are adopted by reference. (Ord. 46 § 30, 2003). 8.45.030 Lasers. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference. RCW: 9A.49.001 Findings. 9A.49.010 Definitions. 9A.49.030 Unlawful discharge of a laser in the second degree. 9A.49.040 Civil infraction, when. 9A.49.050 Exclusions. (Ord. 46 § 38, 2003). Chapter 8.50 MISCELLANEOUS OFFENSES Sections: 8.50.010 Miscellaneous crimes. 8.50.010 Miscellaneous crimes. The following provisions of the Revised Code of Washington as presently constituted or hereinaf- ter amended are adopted by reference. RCW: 9.91.010 Denial of civil rights – Terms defined. 9.91.025 Unlawful bus conduct. 9.91.060 Leaving children unattended in parked automobile. 19.290.070 Metal buyers – Records of purchases – Penalty. 9.91.130 Disposal of trash in charity donation receptacle. 9.02.050 Concealing birth. (Ord. 12-006 § 6, 2012; Ord. 46 § 40, 2003). 8.55.010 (Revised 5/14)8-18 Chapter 8.55 UNLAWFUL PUBLIC EXPOSURE Sections: 8.55.010 Definitions. 8.55.020 Unlawful public exposure prohibited – Facilitation. 8.55.030 Exceptions to unlawful public exposure. 8.55.040 Affirmative defenses. 8.55.050 Penalties and enforcement. 8.55.010 Definitions. Unless the context clearly requires otherwise, the definitions used in this chapter shall have the following meanings: “Expose or exposure” means to reveal or other- wise render open to view in a public place. “Full and opaque covering” means material which is securely attached over or around the shoulders, neck or back, and which is not transpar- ent or translucent. Body paint, body dye, tattoos, liquid latex whether wet or dried, or any similar substance applied to the skin surface shall not be considered opaque covering. Any substance which can be washed off the skin is not full and opaque covering as required by this chapter. “Prohibited body parts,” for purposes of this chapter, means exposure of: 1. Any part of the male or female genitals, or anus; or 2. More than one-half of the female breast by area; or 3. Any part of the areola or nipple of the female breast. “Public place” means an area visible to public view, including any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee. (Ord. 13- 018 § 2, 2013). 8.55.020 Unlawful public exposure prohibited – Facilitation. It shall be unlawful for any person: A. To knowingly expose a prohibited body part in a public place without a full and opaque cover- ing. B. Who owns, manages, or operates any retail sales or retail service business to knowingly facili- tate, permit, encourage, or cause to be committed whether by commission or omission, another per- son to expose a prohibited body part in a public place without a full and opaque covering. (Ord. 13- 018 § 2, 2013). 8.55.030 Exceptions to unlawful public exposure. The prohibitions set forth in SVMC 8.55.020 shall not apply to the following: A. Breastfeeding or expressing milk, regardless of where it occurs; B. Use of public places where privacy is cus- tomary, including but not limited to bathrooms, saunas, and changing rooms associated with licensed businesses; C. Classes, seminars or lectures conducted for scientific or education purposes, including but not limited to art classes and medical classes; D. Businesses where medical procedures occur; E. Children under the age of 10 years; F. A play, television broadcast, or other dra- matic work; and G. Conduct that is subject to regulation pursu- ant to Chapter 5.10 SVMC, Adult Entertainment Establishments. (Ord. 13-018 § 2, 2013). 8.55.040 Affirmative defenses. It is an affirmative defense to prosecution for a violation of SVMC 8.55.020 that the unlawful pub- lic exposure, when considered in the context in which it was presented, provided actual literary, artistic, political, or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient inter- est. (Ord. 13-018 § 2, 2013). 8.55.050 Penalties and enforcement. A violation of SVMC 8.55.020 is a misde- meanor and shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. (Ord. 13-018 § 2, 2013). 9-1 (Revised 3/13) Title 9 VEHICLES AND TRAFFIC Chapters: 9.05 Model Traffic Ordinance 9.10 Towing 9.20 Motorized Personal Transportation Devices 9.30 Miscellaneous Vehicle Regulations 9-3 (Revised 5/14) Spokane Valley Municipal Code 9.05.040 Chapter 9.05 MODEL TRAFFIC ORDINANCE Sections: 9.05.010 Adoption of Model Traffic Ordinance. 9.05.020 Attachment of Model Traffic Ordinance. 9.05.030 Speed limits. 9.05.040 Adoption of certain other laws. 9.05.010 Adoption of Model Traffic Ordinance. Pursuant to RCW 35A.11.020 and 35A.12.140, the Washington Model Traffic Ordinance (WMTO), as set forth in Chapter 308-330 WAC, except WAC 308-330-500 through 308-330-540 relating to bicycle licensing, is hereby adopted by reference as the traffic code (ordinance) of the City of Spokane Valley. (Ord. 47 § 1, 2003). 9.05.020 Attachment of Model Traffic Ordinance. The provisions of Chapter 308-330 WAC, con- taining the WMTO as adopted by reference pursu- ant to SVMC 9.05.010, is attached to the ordinance codified in this chapter and incorporated herein by this reference. The city clerk is to maintain a copy of the traffic code adopted by this chapter. (Ord. 47 § 2, 2003). 9.05.030 Speed limits. A. Subject to RCW 46.61.400(1) and (3), the maximum speed limit for all City streets is estab- lished as 25 miles per hour except where a lower or greater maximum lawful speed is established by Spokane Valley ordinance or resolution pursuant to WAC 308-330-270 and RCW 46.61.415 and for which speed limit signs have been duly posted by the City. Alterations from those general speed lim- its, including for school zones and parks, are set forth in the master speed limit schedule, which may be adopted and amended from time to time by sep- arate resolution. Any such alteration shall be made on the basis of an engineering and traffic investiga- tion, be reasonable and safe, and in the interest of the health, safety and welfare of the citizens of this City. The City of Spokane Valley may amend or adopt such school speed zones as necessary and may designate school speed zones with any of the signage options pursuant to WAC 392-151-035 as adopted or amended. B. The City senior traffic engineer or desig- nated representative is authorized to temporarily reduce the maximum allowable speed on any city road, as the senior traffic engineer deems necessary during road construction and/or emergency condi- tions. The speed limit reductions shall become effective upon the placement of standard signs indicating the maximum allowable speed, and shall cease at such time as the signs are removed by the senior traffic engineer or that person’s representa- tive. All signs placed in accordance with this sec- tion shall conform to the Manual on Uniform Traffic Control Devices for streets and highways for the state of Washington. (Ord. 09-003 § 2, 2009; Ord. 06-026 § 1, 2006; Ord. 47 § 3, 2003). 9.05.040 Adoption of certain other laws. To the extent that any provision of law, rule or regulation referenced in the traffic code is neces- sary or convenient to establish the validity, enforceability or interpretation of the traffic code, then such provision of law, rule or regulation is hereby adopted by reference. (Ord. 47 § 4, 2003). 9.10.010 (Revised 5/14)9-4 Chapter 9.10 TOWING Sections: 9.10.010 Intent. 9.10.020 Definitions. 9.10.030 Registration required. 9.10.040 Application for tow operator registration. 9.10.050 Proof of insurance. 9.10.060 Registration suspension and revocation. 9.10.070 Suspension, revocation – Hearings and appeals. 9.10.080 Compliance with laws, rules and regulations. 9.10.090 Secure storage facility. 9.10.100 Towers authorized for police impounds. 9.10.110 Drivers. 9.10.120 Soliciting business. 9.10.125 Tow operators performing private impounds – Requirements. 9.10.130 Fees charged by tow operator for police-initiated impounds. 9.10.140 No vested right to do police-initiated impounds. 9.10.150 Violation – Penalty. 9.10.010 Intent. The City of Spokane Valley (hereafter referred to as “the City”) declares that the provisions of this chapter shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this chapter is that all persons performing police-initiated impounds within the corporate limits of the City as hereinaf- ter defined shall be subject to the provisions of this chapter. (Ord. 04-001 § 1, 2004). 9.10.020 Definitions. In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chap- ter shall be given their common and ordinary meanings and, in addition, the following defini- tions shall apply: A. “Chief of police” means the chief of police of the City of Spokane Valley, or his/her designee. B. “City” means the City of Spokane Valley. C. “City-authorized tower” means a towing ser- vice having a valid and current registration filed with the City authorizing the furnishing of police- initiated impounds. D. “Impound” means the taking of a vehicle into legal custody, pursuant to law. E. “Police” means any authorized agent of the City of Spokane Valley police department or other law enforcement agency having jurisdiction. F. “Police department” means the City of Spo- kane Valley police department. G. “Police-initiated impound” means the vehi- cle has been impounded at the direction of a police officer of the City. Police-initiated impounds do not include impounds ordered for evidentiary pur- poses by the Spokane County sheriff’s department. H. “Private impound” means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. This chapter is not intended to cover private impounds. I. “Registered tow truck operator” means any person who engages in the impounding, transport- ing, or storage of unauthorized vehicles or the dis- posal of abandoned vehicles. (RCW 46.55.010(6)) J. “Tow truck” means a vehicle designed or intended to tow vehicles which are disabled by mechanical failure or physical damage or are being impounded pursuant to law. (Ord. 04-001 § 2, 2004). 9.10.030 Registration required. It is a misdemeanor, punishable by a fine of not more than $1,000 and/or imprisonment for not more than 90 days, for any person, corporation, partnership, joint venture or other business entity to perform police-initiated impounds within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new reg- istration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the state of Washing- ton. (Ord. 04-001 § 3, 2004). 9.10.040 Application for tow operator registration. Application to become a City-authorized tower must be made in writing on an application form furnished by the police department, and must be filed with the chief of police. The application shall include complete information concerning the own- Spokane Valley Municipal Code 9.10.050 9-4.1 (Revised 5/14) ership of the business, the number and type of vehi- cles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the per- son in charge of the business, plus any additional information reasonably required by the chief of police. The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol. The chief of police shall determine whether all requirements have been met and information furnished as required by the provi- sions of this chapter. All equipment, master log, files and any other paperwork used in the towing business for police-initiated impounds shall be available for inspection by the police department during reasonable business hours. (Ord. 04-001 § 4, 2004). 9.10.050 Proof of insurance. A certificate of insurance must be filed with the chief of police at the time the application is filed. Insurance coverage shall be in the minimum limits of $1,000,000 per vehicle combined single limits for bodily injury and property damage liability per occurrence, on hook coverage of not less than $50,000, and $50,000 of garage keeper’s coverage for vehicles in the custody of the operator until they are redeemed or sold. The certificate of insurance shall indicate the operator’s extent of coverage, limits and the expiration date of said policy. Such insurance as is required in this chapter shall be maintained in full force and effect for the full period to be covered by the tow business registra- tion applied for. Applicant shall submit a certifi- cate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than 30 days’ written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the insurance automati- cally cancels the operator’s registration. (Ord. 04- 001 § 5, 2004). (Revised 5/14)9-4.2 This page intentionally left blank. 9-5 Spokane Valley Municipal Code 9.10.070 9.10.060 Registration suspension and revocation. A tow operator’s registration with the City shall be suspended or revoked if the tow operator does any of the following: A. Operates or permits the operation of a tow truck by a driver the tow operator knows or reason- ably should have known does not have a valid driver’s license required by state law for tow oper- ators, or whose required license has been sus- pended or revoked; B. Fails to maintain in full force and effect the insurance required in this chapter; C. Fails to comply with the requirements of this chapter; D. Authorizes any person to drive a tow truck that is not equipped as required by this chapter or state law, as currently enacted or hereafter amended; E. Falsifies any information on the application, or information required to be kept or submitted to the City by this chapter; F. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; G. Knowingly operated or permitted the opera- tion of the tow truck while the driver is using or is in possession of alcohol or controlled substances during its operation; H. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices in the operation of a tow business. (Ord. 04-001 § 6, 2004). 9.10.070 Suspension, revocation – Hearings and appeals. A. “Suspension” of a registration means that the City-authorized tower’s privilege to perform police-initiated impounds is barred for a specific period of time within the City. A suspended regis- tration may be reinstated upon the lapse of a spec- ified period of time or by correcting the deficiencies. B. “Revocation” of a registration means that the registration has been canceled. A City-authorized tower whose registration has been revoked cannot have his/her registration reinstated, but must com- ply with all conditions of revocation including reapplying for a new registration. C. When the chief of police obtains information from which he/she believes a violation of this chapter has occurred, the chief of police shall pro- vide the City-authorized tower with a notice of pro- posed suspension/revocation which shall provide notification to the tower that a hearing will be held on whether to revoke or suspend the registration at a time or date determined by the chief of police. The notice of proposed suspension/revocation will be sent to the tower at the address listed on the application. It is the City-authorized tower’s duty to keep the address information on the application current at all times. In the event the tower fails to attend the hearing, the registration will automati- cally be revoked/suspended. Any revocation/sus- pension will not be effective until the chief of police makes a determination following the hear- ing. D. The chief of police will conduct the hearing pursuant to the provisions of the tow operator hear- ing rules, as currently adopted or hereafter amended. If such hearing rules are not currently adopted, the chief of police shall draft and adopt hearing rules forthwith. The chief of police shall determine if the City-authorized tower’s registra- tion should be suspended or revoked, and deter- mine the conditions of reinstatement, if any, on a suspension. E. Notwithstanding subsections C and D of this section, a registration suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the chief of police determines that any of the following has occurred: 1. The operator has failed to maintain in full force and effect the insurance required in this chap- ter; 2. The operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 3. If such registration certificate from the Washington State Department of Licensing is sus- pended or revoked; 4. The registrar has operated or permitted the operation of a tow truck for police-initiated impounds by an unlicensed driver or by a driver whose license has been suspended or revoked. F. Upon revocation/suspension of any registra- tion issued pursuant to this chapter, or the denial of any registration regulated by this chapter, an appeal may be filed in Spokane County superior court within 21 days of final agency action. It is unlawful for any person whose registration has been revoked or suspended to keep the registra- tion issued to him/her in his/her possession or under his control, and the same shall immediately be surrendered to the chief of police. When revoked, the registration shall be canceled, and when suspended, the chief of police shall retain the 9.10.080 9-6 same during the period of suspension. (Ord. 04-001 § 7, 2004). 9.10.080 Compliance with laws, rules and regulations. All City-authorized towers shall operate their towing business and conduct their police-initiated impound operations in accordance with all applica- ble laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specif- ically, all registered business owners/licensees shall comply with Chapter 46.55 RCW, Chapter 308-61 WAC, and the State Patrol fee schedule, all as currently adopted or hereafter amended. (Ord. 04-001 § 8, 2004). 9.10.090 Secure storage facility. All City-authorized towers performing police- initiated impounds shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is transacted. All towing businesses performing police-initi- ated impounds shall maintain a secure storage facility approved by the Washington State Patrol for the purpose of securely storing towed vehicles. The storage facility must be located within the City limits of Spokane Valley to ensure convenience to City residents in the retrieval of vehicles impounded at the direction of the police depart- ment. The place of business and storage facility shall comply with all applicable state laws and reg- ulations. All vehicles impounded within the City as police-initiated impounds shall be placed within the storage facility of the towing business perform- ing the impound, and shall remain within the stor- age facility until disposal or duly authorized order for release of the vehicle. (Ord. 04-001 § 9, 2004). 9.10.100 Towers authorized for police impounds. A. The police department is authorized to establish and maintain a list of City-authorized towers that qualify for police-initiated impounds. City-authorized towers who meet all of the follow- ing criteria shall qualify for police impounds and be put on the police tow list: 1. Meet all other requirements for registra- tion under this chapter; 2. Possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. Pay the annual registration fee. This fee shall be set by resolution of the city council. The registration shall expire on December 31st of the year for which the license was issued and there shall be no prorating of the license fee. The regis- tration fee is a cost-recovery mechanism for con- tract administration; and The police tow list shall be reviewed at least annually to determine if each tower listed thereon still possesses a current letter of appointment. City- authorized towers qualified for police impounds shall be rated class A registered tow operators. B. Class A List. 1. The list of qualified class A registered towing businesses kept pursuant to this chapter shall be used in connection with police-initiated impounds within the City. 2. When a person makes a request to the police department or police dispatcher for towing services when the vehicle is not subject to police- initiated impound, the request shall be treated as a nonpreference matter and the request shall be referred to a qualified class A registered tow oper- ator in the same manner as if the police were requesting the towing service pursuant to a police- initiated impound. C. All referrals under subsection B of this sec- tion shall be distributed on a rotation basis among qualified class A City-authorized towers. D. Nothing in this chapter shall be construed to preclude any person from requesting the services of a towing business of their choice, unless, in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. E. Class A City-authorized towers shall observe the following practices and procedures when engaged in police-initiated impounds: 1. When called by the police department, the tow business will dispatch a tow truck within five minutes and be moving within 10 minutes during normal business hours; 2. Tow trucks dispatched at the request of the police department after normal business hours will be on the move within 20 minutes after receiving the call; 3. The tow truck that is dispatched will arrive at the stated location within 30 minutes; 4. If for any reason a City-authorized tower is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at 9-7 Spokane Valley Municipal Code 9.10.100 the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow; 5. A City-authorized tower on rotation who is unable to dispatch or arrive within the times stated in subsections (E)(1), (2), (3) and (4) of this section will forfeit his turn and be placed at the bot- tom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A registered tow operator to respond to calls from the police department for towing services may result in the removal from the list of qualified class A City- authorized towers; 7. The City-authorized tower shall advise the police department when the tow company is tem- porarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not lim- ited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavail- ability may last less than an hour or much longer. The tow operator will give the reason for unavail- ability and approximately when the company will be available to respond to calls; The tow company will be removed from the rotational list and will not be called until the oper- ator advises the police department that the com- pany is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable; 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an acci- dent on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated; 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver/owner, or his agent; 11. The tow operator shall be available, or will ensure that specific employees are available, 24 hours a day for the purpose of receiving calls or arranging for the release of vehicles. This does not require the tow operator to maintain a staffed facil- ity 24 hours a day, only to have staff available to receive calls 24 hours a day. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and nonbusiness hours; 12. The operator shall post a current copy of tow and storage rates arising from police-initiated impounds in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and read- able by members of the public, whether the busi- ness is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location exposed to the elements, it shall be pro- tected so as to remain legible; b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by custom- ers of the business; c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department at least 10 days before the effective date of the change(s); d. In the event that an operator has only a class B truck and utilizes it for class A and B type tows, the operator shall file a rate sheet that speci- fies the rates charged for the different types of tows. Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator’s discretion, to tow a class B truck size vehicle. The fees charged shall be those for a class B, not a class C; 13. Unless other arrangements are made with commissioned police personnel at the scene, all vehicles impounded by order of the police depart- ment shall be taken to the tow operator’s nearest approved storage location within the City; 14. The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include, but is not to be limited to: a. An itemized receipt of all charges for the services provided; 9.10.110 9-8 b. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator; c. All other records required by the police department. Such records will be available for inspection by the police department during normal business hours at the operator’s place of business; 15. The tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46.55.080(2); 16. Tow operators shall perform towing tasks competently according to a reasonable stan- dard of care within the towing industry; 17. No City-authorized tower, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage; 18. Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and/or recov- eries. Such lighting shall not be used when travel- ing to or from the scene; 19. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris; 20. Specific operating restrictions and/or requirements, by truck class, are as follows: a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When a tow truck operator is attempting to move a vehicle equipped with locked spring park- ing brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle’s brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre-accident or incident settings. b. Class B trucks in excess of 23,000 pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. c. Class D, E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the chief of police. d. Class E trucks shall: i. When used for multiple vehicle tow- ing/recovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehi- cles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used in a towing mode; 21. Whenever a special event or overflow storage lot is approved by the police department, the City-authorized tower shall maintain personnel at the lot 24 hours per day for security and vehicle and/or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the 10-day rate change notice requirement approved by the police department. At the conclusion of a special event or over- flow situation, all vehicles not reclaimed by the owner shall be towed to the City-authorized tower’s regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility; 22. All work performed by the operator and/or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. F. Records kept on City of Spokane Valley police-initiated impounds shall be available for inspection by the police department during normal business hours. (Ord. 04-001 § 10, 2004). 9.10.110 Drivers. All drivers must be a least 18 years of age, pos- sess a valid Washington operator’s license with the proper class of commercial driver’s license where required, and be able to demonstrate that he/she is covered by the insurance policy of the towing busi- ness specified in SVMC 9.10.050. (Ord. 04-001 § 11, 2004). 9.10.120 Soliciting business. It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of soliciting business, with- out having been called to the location of an acci- dent, disabled vehicle, or impound by the owner or operator of the vehicle, his authorized agent or the police. (Ord. 04-001 § 12, 2004). Spokane Valley Municipal Code 9.10.150 9-9 (Revised 5/14) 9.10.125 Tow operators performing private impounds – Requirements. Any tow truck operator impounding a vehicle from private property is required to notify the City police department and wait for clearance to pro- ceed prior to impounding an abandoned motor vehicle. Impoundment of stolen vehicles is only authorized by law enforcement. In the event that the reported stolen vehicle subsequently requires impoundment, the reporting/posted tow company shall receive the tow. Towing operators shall oth- erwise comply with all towing and impoundment provisions in Chapter 46.55 RCW. (Ord. 13-019 § 1, 2013). 9.10.130 Fees charged by tow operator for police-initiated impounds. The schedule of maximum fees shall conform to, and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee sched- ule, or charging for services not actually rendered, may result in suspension from the list of class A City-authorized towers. Private impound fees are set by the tow operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines, and are not intended to be covered by this chapter. (Ord. 04- 001 § 13, 2004). 9.10.140 No vested right to do police-initiated impounds. It is the intent of this chapter to establish certain requirements for tow businesses authorized to do police-initiated impounds, but not to vest any spe- cific rights to do police-initiated impounds or other police-requested towing services. (Ord. 04-001 § 14, 2004). 9.10.150 Violation – Penalty. A. Civil Infractions. Any person violating or failing to comply with any provision of this chapter shall be subject to a Class 1 civil infraction pursu- ant to Chapter 7.80 RCW. B. Suspension/Revocation. Any violation of the provisions of this chapter may be grounds for suspension or revocation of a tow operator’s regis- tration with the City pursuant to this chapter. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. (Ord. 13-019 § 2, 2013; Ord. 04-001 § 15, 2004). 9.20.010 (Revised 5/14)9-10 Chapter 9.20 MOTORIZED PERSONAL TRANSPORTATION DEVICES Sections: 9.20.010 Definitions. 9.20.020 Duty to obey rules of the road. 9.20.030 Requirements for operating motorized personal transportation devices. 9.20.040 Prohibited areas. 9.20.050 Applicability of other traffic laws. 9.20.060 Dealer notice required. 9.20.070 Violation – Penalty. 9.20.010 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: A. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels, has handlebars, is designed to be stood upon (but may have a seat), and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. B. “Motorized skateboard” means every device with a platform on which the rider or operator bal- ances, the platform having two or more sets of wheels beneath it, propelled by an attached or aux- iliary electric or gasoline motor. C. “Motorized personal transportation device” shall be deemed to include motorized foot scooters, motorized skateboards, pocket motorcycles and all other similar devices, but shall exclude motorized wheelchairs, motor driven cycles, mopeds, elec- tric-assisted bicycles, motorcycles, and electronic personal assistive mobility devices. D. “Approved motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label required by the Federal Con- sumer Product Safety Commission as adopted by the Code of Federal Regulations, 16 CFR Section 1203. E. “Approved bicycle helmet” means a head covering designed for safety that meets or exceeds the required safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as may be adopted by the City of Spokane Valley. The helmet shall be equipped with a neck or chin strap that shall be securely fastened while the motorized personal transportation device is in motion. F. “Street,” for the purposes of this chapter only, means the entire width between the curb boundary lines, including the shoulder, of every way publicly maintained in the City of Spokane Valley when any part thereof is open to the use of the public for purposes of vehicular travel or park- ing. G. “Modified or enhanced” means that any of the settings or equipment of the motorized personal transportation device, including but not limited to those settings or equipment that affects displace- ment, horsepower, or muffler effect have been altered to achieve greater power, higher speed, and/or better performance than possible when the unit was delivered from the factory for sale. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.010). 9.20.020 Duty to obey rules of the road. Any person operating a motorized personal transportation device on a street shall obey all rules of the road applicable to motor vehicles, as well as the commands of official traffic control signals, signs, and other control devices applicable to motor vehicles, unless otherwise directed by a law enforcement official or their designee. Every per- son operating a motorized personal transportation device on a street is granted all of the rights and is subject to all of the duties and responsibilities applicable to the driver of a motor vehicle pursuant to Chapter 308-330 WAC, except WAC 308-330- 500 through 308-330-540 relating to bicycle licensing, as adopted or hereafter amended, a copy of which will be kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC except as to those provisions thereof which by their very nature can have no application. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.020). 9.20.030 Requirements for operating motorized personal transportation devices. A. Minimum Age. No person shall operate a motorized personal transportation device on a street, alley, or other public area unless such person is 16 years of age or older. B. Passengers – Towing. Only one person shall occupy a motorized personal transportation device at one time. An operator of a motorized personal Spokane Valley Municipal Code 9.20.030 9-10.1 (Revised 5/14) transportation device shall not transport passengers or tow other devices or persons behind a motorized personal transportation device. C. Helmet Required. Any person operating a motorized personal transportation device propelled by an internal combustion engine upon any street, alley or other public place in the City shall wear an approved motorcycle helmet designed for safety on his or her head and shall have the neck or chin strap of the helmet fastened securely while the motor- ized personal transportation device is in motion or operation. D. Lighting Required. 1. All motorized personal transportation devices, when in use on any street, alley, or other public area, shall be equipped with a functioning lamp on the front that shall emit a white light visi- ble from a distance of at least 500 feet to the front. 2. All motorized personal transportation devices, when in use on any street, alley or other public area, shall be equipped with a functioning red reflector on the rear of the motorized personal transportation device, of a type approved by the Washington State Patrol, that is visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of the head lamps on a motor vehicle. A lamp that emits a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. A light-emitting diode (LED) flashing tail light that is visible from a distance of 500 feet to the rear may likewise be used in addition to the red reflector. 3. All motorized personal transportation devices in operation on a street shall be equipped with a stop lamp or lamps on the rear of the motor- ized personal transportation device which shall dis- play a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake. E. Muffler Required. Motorized personal trans- portation devices powered by an internal combus- tion engine shall have a properly functioning engine muffler attached and constantly operational during use of the motorized personal transportation device to prevent a noise nuisance as prohibited by SVMC 7.05.040(O). The use of a cutout, bypass, or similar muffler elimination device is prohibited on all motorized personal transportation devices that are powered by an internal combustion engine. F. Brake Required. Motorized personal trans- portation devices shall be equipped with a rear brake which, when applied, enables the operator to (Revised 5/14)9-10.2 This page intentionally left blank. Spokane Valley Municipal Code 9.20.070 9-11 (Revised 3/13) make the braked wheel(s) skid on dry, level, clean pavement. G. Modifications Prohibited. Motorized per- sonal transportation devices operated within the City of Spokane Valley shall not be modified or enhanced in design or construction from the speci- fications as provided by the manufacturer or as oth- erwise required by Spokane Valley Municipal Code provisions or the Revised Code of Washing- ton. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.030). 9.20.040 Prohibited areas. A. Parks. Motorized personal transportation devices are prohibited from all City parks pursuant to SVMC 6.05.070(G). Violations of this restric- tion are subject to the specific penalties set forth in SVMC 6.05.090 and 6.05.100. B. Sidewalks. It is unlawful for any person to operate or ride a motorized personal transportation device on any sidewalk within the City of Spokane Valley City limits. C. Public Trails. It is unlawful for any person to operate or ride a motorized personal transportation device on any public trails, including the Centen- nial Trail, within the City of Spokane Valley City limits. D. Certain Streets. It is unlawful for any person to operate or ride a motorized personal transporta- tion device on any street with a speed limit greater than 25 miles per hour. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.040). 9.20.050 Applicability of other traffic laws. The following criminal traffic laws shall apply to the operation of motorized personal transporta- tion devices within the City of Spokane Valley: A. Negligent Driving – First Degree – RCW 46.61.5249, as adopted by reference in WAC 308- 330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. B. Negligent Driving – Second Degree – RCW 46.61.525, as adopted by reference in WAC 308- 330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. C. Reckless Driving – RCW 46.61.500, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. D. Driving Under the Influence – RCW 46.61.502, as adopted by reference in WAC 308- 330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. E. Driver Under 21 Consuming Alcohol – RCW 46.61.503, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pur- suant to Chapter 9.05 SVMC. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.050). 9.20.060 Dealer notice required. All persons and/or establishments in the City of Spokane Valley involved in the retail sale or lease of motorized personal transportation devices shall provide to each purchaser of said motorized per- sonal transportation device written notice of the regulations, restrictions, and requirements of this chapter prior to completing the sale or lease of said motorized personal transportation device. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.060). 9.20.070 Violation – Penalty. Any person violating any provision of this chap- ter, except for SVMC 9.20.040(B), shall be deemed to have committed a (Class 2 or Class 3, plus court costs and fees) traffic infraction. How- ever, conduct that constitutes a violation of a rule of the road, or constitutes a criminal traffic offense, may also be charged as such and is subject to the maximum penalties allowed for such an offense or offenses. A violation of this chapter for a minor under the age of 16 shall result in a referral to the Spokane County juvenile justice system for resolution. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.070). 9.30.010 (Revised 3/13)9-12 Chapter 9.30 MISCELLANEOUS VEHICLE REGULATIONS Sections: 9.30.010 Purpose and authority. 9.30.020 Definitions. 9.30.030 “No Trucks” signs. 9.30.040 Liability of owner for violations. 9.30.050 Excessive noise from vehicle audio system prohibited. 9.30.060 Idling of commercial vehicles limited in residentially zoned areas. 9.30.070 Operating refrigeration units on certain vehicles limited in residentially zoned areas. 9.30.080 Violations – Penalty. 9.30.010 Purpose and authority. The purpose of this chapter is to regulate the kinds and classes of traffic, parking, and vehicular noise on certain streets within the City. This regu- lation is undertaken in order to promote the effi- cient movement of vehicles and conduct of commerce, while preserving the integrity of resi- dential zones. The provisions of this chapter are adopted under the authority granted by RCW 46.44.080 and SVMC 9.05.040, and are to promote the health, safety and welfare of the citizens of the City. (Ord. 12-029 § 1, 2012). 9.30.020 Definitions. Terms used within this chapter are defined as follows: “Commercial vehicle” means that term as defined in RCW 46.04.140, as now or hereafter amended. “Local delivery” means providing local or neighborhood deliveries or services to points upon such streets or roads. “Residential area” means the following zoning districts, as delineated on the official zoning map of the City: “Residential street” means any street or alley- way within the City which is not designated on the City’s arterial road map. “Trailer” means that term as defined in RCW 46.04.620, as now adopted or hereafter amended. “Vehicle” means that term as defined in RCW 46.04.670, as now adopted or hereafter amended. (Ord. 12-029 § 2, 2012). 9.30.030 “No Trucks” signs. A. Any street upon which a “No Trucks” sign is posted shall be permanently closed to all commer- cial vehicle travel having a gross licensed weight of 10,000 pounds or more, except for the purpose of providing local or neighborhood deliveries or services to points between the posted signs. The City may, for clarification purposes, also post optional “Local Delivery Only” signs in conjunc- tion with “No Trucks” signs. B. The following vehicles are exempt from the provisions of this section: 1. All vehicles owned, contracted, or oper- ated by governmental agencies. 2. Emergency vehicles and solid waste dis- posal vehicles. 3. Electrical, water, telephone, and natural gas utility providers responding for installations, maintenance, or incident repairs. 4. Vehicles actively used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or con- struction of any building or structure upon a resi- dential street. 5. Trailers currently used at a specific loca- tion within a residential zone for the purpose of assisting or providing services such as construc- tion, carpentry, plumbing, or landscaping to a resi- dence or location upon a residential street. 6. Recreational vehicles including motor homes, campers, and travel trailers. 7. Vehicles belonging to, or operated by, persons permanently residing within the City lim- its, as evidenced by the owner’s or operator’s address on file with the Washington State Depart- ment of Licensing. To qualify for this exemption, the vehicle must be used for commuting to work at places located inside or outside of the City limits. R-1 Single-Family Residential Estate District. R-2 Single-Family Residential Suburban District. R-3 Single-Family Residential District. R-4 Single-Family Residential Urban District. MF-1 Multifamily Medium Density Residential District. MF-2 Multifamily High Density Residential District. Spokane Valley Municipal Code 9.30.080 9-13 (Revised 3/13) 8. Any commercial vehicle belonging to a business located between the posted “No Trucks” signs. C. The location of signs reading “No Trucks” shall be established through adoption of a master “No Trucks” sign schedule, which shall be adopted and may be amended from time to time by separate resolution. Any such alteration shall be made on the basis of an engineering and traffic investiga- tion, be reasonable and safe, and in the interest of the health, safety and welfare of the citizens of this City. “No Trucks” signs shall become effective upon the placement of such signs, and shall cease at such time as the signs are removed by the City. All signs placed pursuant to this section shall con- form to the Manual on Uniform Traffic Control Devices for streets and highways for the state of Washington. (Ord. 12-029 § 3, 2012). 9.30.040 Liability of owner for violations. If the person operating the commercial vehicle at the time a citation for violation of SVMC 9.30.030 is issued is not the owner of the vehicle, then the issuing officer may also issue a citation for the owner of the vehicle in addition to the operator pursuant to RCW 46.44.120, as adopted or amended. Further, the operator of the commercial vehicle is authorized to accept the citation and to execute the promise to appear on behalf of the owner of the vehicle. (Ord. 12-029 § 4, 2012). 9.30.050 Excessive noise from vehicle audio system prohibited. The sound from any motor vehicle audio system such as tape players, radio, and compact disc play- ers at volumes so high as to be audible greater than 50 feet from the vehicle itself is prohibited. (Ord. 12-029 § 5, 2012). 9.30.060 Idling of commercial vehicles limited in residentially zoned areas. No person shall cause a commercial vehicle to idle in any residentially zoned area for more than 15 consecutive minutes, or more than 15 minutes total in any single calendar day. (Ord. 12-029 § 6, 2012). 9.30.070 Operating refrigeration units on certain vehicles limited in residentially zoned areas. Between the hours of 10:00 p.m. any day and 7:00 a.m. the next day, no person shall operate a refrigeration unit on a commercial truck or trailer in a residentially zoned area, except in the perfor- mance of a local delivery. (Ord. 12-029 § 7, 2012). 9.30.080 Violations – Penalty. Any person violating or failing to comply with any provisions of this chapter shall be subject to a Class 1 civil infraction pursuant to Chapter 7.80 RCW. (Ord. 12-029 § 8, 2012). 10-1 (Revised 12/07) Title 10 COMMUTE TRIP REDUCTION Chapters: 10.20 Commute Trip Reduction Plan 10-3 (Revised 9/10) Spokane Valley Municipal Code 10.20.220 Chapter 10.20 COMMUTE TRIP REDUCTION PLAN Sections: 10.20.210 Purpose and intent. 10.20.220 Definitions. 10.20.230 City CTR plan. 10.20.240 CTR goals. 10.20.250 Applicability. 10.20.260 Requirements for employers. 10.20.270 Record keeping. 10.20.280 Schedule and process for CTR program description and report. 10.20.290 Recognition of transportation management efforts. 10.20.300 Enforcement. 10.20.310 Exemptions and goal modifications. 10.20.320 Appeals. 10.20.330 Responsible City department. 10.20.210 Purpose and intent. The purpose and intent of this chapter is to com- ply with the requirements of Chapter 70.94 RCW regarding reduction of commute trips. (Ord. 10- 013 § 1, 2010; Ord. 03-087 § 1, 2003). 10.20.220 Definitions. For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter: “Affected employee” means a full-time employee who begins his or her regular work day at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months, who is not an independent con- tractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. “Affected employer” means an employer that employs 100 or more full-time employees at a sin- gle worksite covered by the commute trip reduc- tion plan who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclu- sive) on two or more weekdays for at least 12 con- tinuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (Also see definition of “employer.”) “Alternative mode” means any means of com- mute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work week schedules if they result in reducing commute trips. “Alternative work schedules” mean programs such as compressed work week schedules that eliminate work trips for affected employees. “Base year” means the 12-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City or its contractor uses this 12-month period as the basis upon which it devel- ops commute trip reduction goals. “Base year survey” or “baseline measurement” means the survey, during the base year, of employ- ees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline mea- surement must be implemented in a manner that meets the requirements specified by the City. “Carpool” means a motor vehicle, including a motorcycle, which is occupied by two to six people of at least 16 years of age traveling together for their commute trip resulting in the reduction of a minimum of one motor vehicle commute trip. “Commute trip vehicle miles traveled per employee” means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees dur- ing that period. “Commute trips” means trips made from a worker’s home to a worksite (inclusive) on week- days. “Compressed work week” means an alternative work schedule, in accordance with employer pol- icy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typi- cal being four 10-hour days or 80 hours in nine days, but may also include other arrangements. “CTR” is the abbreviation of “commute trip reduction.” “CTR program” means an employer’s strategies to reduce employees’ drive-alone commutes and average VMT per employee. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employ- ees to work. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip. 10.20.220 (Revised 9/10)10-4 “Drive alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. “Drive-alone trips” means commute trips made by employees in single-occupant vehicles. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation and monitor- ing of an employer’s CTR program. “Employer” means a sole proprietorship, part- nership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether pub- lic, nonprofit, or private, that employs workers. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the City or its contractor based on unique condi- tions that apply to the employer or employment site. “Flex time” means an employer policy that pro- vides work schedules allowing individual employ- ees flexibility in choosing the start and end time, but not the number, of their working hours to facil- itate the use of alternative modes. “Full-time employee” means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collab- oratively with the City or its contractor to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of an employee transportation coordi- nator (ETC), distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its approved CTR program and sched- ule. “Major employer” means a private or public employer, including state agencies, that employs 100 or more full-time employees at a single work- site who are scheduled to begin their regular work- day between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months. “Major employer worksite” or “affected employer worksite” or “worksite” means the phys- ical location occupied by a major employer, as determined by the local jurisdiction. “Major employment installation” means a mili- tary base or federal reservation, excluding tribal reservations, or other locations as designated by the City or its contractor, at which there are 100 or more affected employees. “Mode” means the means of transportation used by employees, such as single-occupant motor vehi- cle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and telecommuting. “Notice” means written communication deliv- ered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a week- end or legal holiday, in which case the notice is deemed accepted the day after the weekend or legal holiday. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. “Peak period trip” means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclu- sive), Monday through Friday, except legal holi- days. “Proportion of drive-alone trips” or “drive-alone rate” means the number of commute trips over a set period made by employees in single-occupant vehicles divided by the number of potential trips taken by employees working during that period. “Ride matching service” means a system which assists in matching commuters for the purpose of commuting together. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for com- mute purposes, including a motorcycle. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. “Teleworking” or “telecommuting” means the use of telephones, computers, or other similar tech- nology to permit an employee to work from home, eliminating a commute trip, or to work from a workplace closer to home, reducing the distance traveled in a commute trip by at least half. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 10-5 (Revised 9/10) Spokane Valley Municipal Code 10.20.250 “Transportation management association (TMA)” means a group of employers or an associ- ation representing a group of employers in a defined geographic area. A TMA may represent employers within the City limits or may have a sphere of influence that extends beyond City limits to include cities within Spokane County and areas of unincorporated Spokane County. “Vanpool” means a vehicle occupied by from five to 15 people traveling together for their com- mute trip that results in the reduction of a minimum of one motor vehicle trip. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period. “Week” means a seven-day calendar period starting on Monday and continuing through Sun- day. “Weekday” means any day of the week except Saturday, Sunday and legal holidays. “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) or electronic mail (e-mail) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 10-013 § 2, 2010; Ord. 03-087 § 2, 2003). 10.20.230 City CTR plan. The goals established for the jurisdiction and affected employers in the City’s commute trip reduction plan set forth in Attachment “A” to the ordinance codified in this section are incorporated herein by reference. City staff is directed to make any corrections for typographical errors, include any graphical materials for information, and com- plete the commute trip reduction plan. (Ord. 10- 013 § 3, 2010; Ord. 03-087 § 3, 2003). 10.20.240 CTR goals. A. Commute Trip Reduction Goals. The City’s goals for reductions in the proportions of drive- alone commute trips and vehicle miles traveled per employee by affected employers in the City’s juris- diction, major employment installations, and other areas designated by the City are hereby established by Spokane Valley’s CTR plan adopted through SVMC 10.20.230. These goals establish the desired level of performance for the CTR program in its entirety in the City. The City or its contractor will set the individual worksite goals for affected employers based on how the worksite can contribute to Spokane County’s overall goal established in the CTR Plan. The goals will appear as a component of the affected employer’s approved implementation plan set forth in subsection B of this section. B. Commute Trip Reduction Goals for Employers. 1. The drive-alone and VMT goals for affected employers in the City are hereby estab- lished as set forth in the CTR plan adopted in SVMC 10.20.230. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by the City or its contractor at a level designed to achieve the City’s overall goals for the jurisdiction and other areas as designated by the City or its contractor. The City or its contractor shall provide written notification of the goals for each affected employer worksite by providing the information when the City or its con- tractor reviews the employer’s proposed program and incorporating the goals into the program approval issued by the City or its contractor. (Ord. 10-013 § 5, 2010). 10.20.250 Applicability. The provisions of this chapter shall apply to any affected employer at any single worksite within the geographic limits of the CTR plan adopted in SVMC 10.20.230. Employees will only be counted at their primary area worksite. It is the responsibil- ity of the employer to notify the City or its contrac- tor of a change in status as an affected employer. A. Notification of Applicability. 1. In addition to the City of Spokane Val- ley’s established public notification for adoption of an ordinance, a notice of availability of a summary of this chapter, a notice of the requirements and cri- teria for affected employers to comply with this chapter, and subsequent revisions shall be pub- lished at least once in the City of Spokane Valley’s official newspaper within 30 days of the effective date of the ordinance codified in this chapter. 2. Affected employers located in the City are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior offi- cial, or CTR program manager or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a base- line measurement consistent with the measurement requirements specified by the City or its contractor. 3. Affected employers that, for whatever rea- son, do not receive notice within 30 days of the 10.20.260 (Revised 9/10)10-6 effective date of the ordinance codified in this chapter and are either notified or identify them- selves to the City or its contractor within 90 days of the passage of the ordinance codified in this chap- ter will be granted an extension to provide up to 90 days within which to perform a baseline measure- ment consistent with the measurement require- ments specified by the City or its contractor. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the effective date of the ordinance codified in this chapter and do not perform a baseline mea- surement consistent with the measurement require- ments specified by Spokane Valley within 90 days from the adoption of the ordinance codified in this chapter are in violation of this chapter. 5. If an affected employer has already per- formed a baseline measurement, or an alternative acceptable to the City or its contractor, under pre- vious iterations of this chapter, the employer is not required to perform another baseline measurement. B. Newly Affected Employers. 1. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the City or its contractor within 90 days of either moving into the boundaries outlined in the CTR plan or growing in employment at a worksite to 100 or more affected employees. Employers that do not identify themselves within 90 calendar days are in violation of this chapter. 2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City or its contractor. Employers who do not perform a baseline mea- surement within 90 days of receiving written noti- fication that they are subject to this chapter are in violation of this chapter. 3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the City or its contractor. The program will be developed in consultation with the City commute trip reduction office staff or its contractor to be consistent with the goals of the CTR plan adopted in SVMC 10.20.230. The program shall be implemented not more than 90 days after approval by the City or its contractor. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties set forth in SVMC 10.20.300(D). C. Change in Status as an Affected Employer. Any of the following changes in an employer’s sta- tus will change the employer’s CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify and provide documentation to the City or its contractor that it is no longer an affected employer. The bur- den of proof lies with the employer. 2. If the same employer returns to the level of 100 or more affected employees within the same 12-month period, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an unaffected employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Ord. 10-013 § 6, 2010; Ord. 03-087 § 5, 2003). 10.20.260 Requirements for employers. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR pro- gram that will encourage its employees to reduce VMT per employee and drive-alone commute trips. The CTR program must include the manda- tory elements as described below. A. Mandatory Program Elements. Each employer’s CTR program shall include the follow- ing mandatory elements: 1. Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be promi- nently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the City. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. The transportation coordinator must complete the basic ETC training course offered by the City or its contractor within six months of assuming designated transportation coordinator status. 10-7 (Revised 9/10) Spokane Valley Municipal Code 10.20.260 2. Information Distribution. Information about alternatives to drive-alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The sum- mary of the employer’s CTR program shall also be submitted to the City or its contractor with the employer’s program description and regular report. B. Additional Program Elements. In addition to the specific program elements described in this section, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, two or more of the following: 1. Provision of preferential parking for high- occupancy vehicles; 2. Reduced parking charges for high-occu- pancy vehicles; 3. Instituting or increasing parking charges for drive-alone commuters; 4. Provision of commuter ride matching ser- vices to facilitate employee ridesharing for com- mute trips; 5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walk- ing, bicycling, teleworking, or compressed sched- ules; 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer’s vehi- cles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools; 11. Cooperation with transportation provid- ers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and van- pool users; 13. Provision of bicycle parking facilities, lockers, changing areas and showers for employees who bicycle or walk to work; 14. Provision of a program of parking incen- tives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part-time or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Establishment of a program of alterna- tive work schedules, such as a compressed work week, which reduces commute trips; 17. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site daycare facilities, emer- gency taxi services, or guaranteed ride home pro- grams; 18. Charging employees for parking and/or the elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of com- mute trips made to the site. C. CTR Program Report and Description Requirements. Affected employers shall review their program and submit a yearly progress report with the City or its contractor in accordance with the format provided by the City or its contractor. The CTR program description outlines the strat- egies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program ele- ments in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encour- aged to cooperate with each other to implement program elements. At a minimum, the employer’s CTR program report and description must include: (1) a general description of the employment site location, trans- portation characteristics, employee parking avail- ability, on-site amenities and surrounding services, including unique conditions experienced by the employer or its employees; (2) the number of employees affected by the CTR program and the total number of employees at the site; (3) docu- mentation of compliance with the mandatory CTR program elements (as described in subsection A of this section); (4) description of any additional ele- ments included in the employer’s CTR program (as described in subsection B of this section); (5) schedule of implementation, assignment of respon- sibilities, and commitment to provide appropriate resources; and (6) a statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals. D. Biennial Measurement of Employee Com- mute Behavior. In addition to the baseline mea- surement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute 10.20.270 (Revised 9/10)10-8 and collect commute trip reduction program employee questionnaires (surveys) at least once every two years and strive to achieve at least a 70 percent response rate from employees at the work- site. (Ord. 10-013 § 7, 2010; Ord. 03-087 § 6, 2003). 10.20.270 Record keeping. Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results and all supporting documentation for the descriptions and assertions made in any CTR report to Spokane Valley for a minimum of 48 months. The City of Spokane Valley and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. 10-013 § 8, 2010; Ord. 03-087 § 7, 2003). 10.20.280 Schedule and process for CTR program description and report. A. Document Review. The City or its contrac- tor shall provide the employer with written notifi- cation if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within 90 days of submission, the employer’s pro- gram or annual report is deemed accepted. The City or its contractor may extend the review period up to 90 days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. B. Schedule. Upon review of an employer’s ini- tial CTR Program, the City or its contractor shall establish the employer’s regular reporting date. This report will be provided in a form provided by the City or its contractor consistent with SVMC 10.20.270. C. Modification of CTR Program Elements. Any affected employer may submit a request to the City or its contractor for modification of CTR requirements. Such request may be granted if one of the following conditions exists: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that com- pliance with the program elements would consti- tute an undue hardship. The City or its contractor may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. D. Extensions. An employer may request addi- tional time to submit a CTR program description and report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City or its contractor shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extension shall not exempt an employer from any responsibility in meeting program goals. Extension granted due to delays or difficulties with any pro- gram element(s) shall not be cause for discontinu- ing or failing to implement other program elements. An employer’s reporting date shall not be adjusted permanently as a result of these exten- sions. An employer’s annual reporting date may be extended at the discretion of the City or its contrac- tor. E. Implementation of Employer’s CTR Pro- gram. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City or its contractor that the program has been approved or with the expiration of the pro- gram review period without receiving notice from the City or its contractor. (Ord. 10-013 § 9, 2010; Ord. 03-087 § 8, 2003). 10.20.290 Recognition of transportation management efforts. As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in SVMC 10.20.240 will receive a com- mute trip reduction certificate of leadership from the City or its contractor. (Ord. 10-013 § 10, 2010; Ord. 03-087 § 9, 2003). 10.20.300 Enforcement. A. Compliance. For purposes of this section, “compliance” shall mean: 1. Fully implementing in good faith all man- datory program elements as well as provisions in the approved CTR program description and report and satisfying the requirements of this chapter; 2. Providing a complete CTR program description and report on the regular reporting date; and 10-9 (Revised 9/10) Spokane Valley Municipal Code 10.20.300 3. Distributing and collecting the CTR pro- gram employee questionnaire during the scheduled survey time period. B. Program Modification Criteria. The follow- ing criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applica- ble drive-alone or VMT goal, Spokane Valley may deem it necessary to make required modifications to its CTR program while working collaboratively with the employer. After agreeing on modifica- tions, the employer shall submit a revised CTR program description to Spokane Valley for approval within 30 days of reaching agreement. 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive- alone or VMT reduction goal, the City or its con- tractor shall direct the employer to revise its pro- gram to the recommended modifications and the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its pro- gram. The City or its contractor shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised pro- gram is not accepted, the City or its contractor will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consen- sus on the required program. A final decision on the required program will be issued in writing by the City or its contractor within 10 working days of the conference. C. Violations. The following constitute viola- tions if the applicable deadlines are not met: 1. Failure to self-identify as an affected employer; 2. Failure to perform a baseline measure- ment, including: a. Employers notified or that have identi- fied themselves to the City or its contractor within 90 days of the effective date of the ordinance cod- ified in this chapter and that do not perform a base- line measurement consistent with the requirements specified by the City or its contractor within 90 days from the notification or self-identification; b. Employers not identified or self-identi- fied within 90 days of the effective date of the ordi- nance codified in this chapter and that do not perform a baseline measurement consistent with the requirements specified by the City or its con- tractor within 90 days from effective date of the enacting language; 3. Failure to develop and/or submit on time a complete CTR program; 4. Failure to implement an approved CTR program, unless the program elements that are car- ried out can be shown through quantifiable evi- dence to meet or exceed VMT and drive-alone goals as specified in this chapter; 5. Submission of false or fraudulent data in response to survey requirements; 6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or 7. Failure to revise an unacceptable CTR program as defined in RCW 70.94.534(4) and this chapter. D. Penalties. Any affected employer violating any provision of this chapter shall be guilty of a civil infraction and subject to the imposition of civil penalties. 1. Whenever the City or its contractor makes a determination that the affected employer is in violation of this chapter, the City or its contractor shall issue a written notice and order and send it registered mail, return receipt requested, to the chief executive officer or highest ranking official at the worksite. The notice and order shall contain: a. The name and address of the affected employer; b. A statement that the City or its contrac- tor has found the affected employer to be in viola- tion of this chapter with a brief and concise description of the conditions found to be in viola- tion; c. A statement of the corrective action required to be taken. If the City or its contractor has determined that corrective action is required, the order shall require that all corrective action be completed by a date stated in the notice; d. A statement specifying the amount of any civil penalty assessed on account of the viola- tion; and e. A statement advising that the order shall become final unless, no later than 10 working days after the notice and order are served, any per- son aggrieved by the order requests in writing an 10.20.310 (Revised 9/10)10-10 appeal before the City hearing examiner as well as the name and mailing address of the person with whom the appeal must be filed. 2. Each day of failure to implement the pro- gram or violating any provision of this chapter shall constitute a separate violation subject to pen- alties as described in Chapter 7.80 RCW. The pen- alty for a first violation shall be $100.00 per working day. The penalty for subsequent viola- tions will be $250.00 per working day for each vio- lation. 3. Penalties will begin to accrue 15 working days following the official date of notice from the City or its contractor. In the event an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals pro- cess. Should the designated hearing examiner decide in favor of the appellant, all or a portion of the monetary penalties may be dismissed by the hearing examiner. 4. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applica- ble drive-alone or VMT goal. 5. An affected employer shall not be liable for civil penalties if failure to implement an ele- ment of a CTR program was the result of an inabil- ity to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be pre- sumed to act in good faith compliance if they: a. Propose to a recognized union any pro- vision of the employer’s CTR program that is sub- ject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City or its contractor and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 10-013 § 11, 2010; Ord. 03-087 § 10, 2003). 10.20.310 Exemptions and goal modifications. A. Worksite Exemptions. An affected employer may request the City or its contractor to grant an exemption from all CTR program require- ments or penalties for a particular worksite. The employer must demonstrate that it would experi- ence undue hardship in complying with the requirements of this chapter as a result of the char- acteristics of its business, its work force, or its loca- tion(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy or a protracted labor strike, and is unable to imple- ment any measures that could reduce the propor- tion of drive-alone trips and VMT per employee. Exemptions may be granted by the City or its con- tractor at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City or its contractor shall grant or deny the request within 30 days of receipt of the request. The City or its con- tractor shall review annually all employers receiv- ing exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City or its contractor will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests. The City or its contractor shall grant or deny the request within 30 days of receipt of the request. The City or its contractor shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals. 1. An affected employer may request that the City or its contractor modify its worksite CTR pro- gram goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City or its contractor will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. 3. An employer may not request a modifica- tion of the applicable goals until one year after the City’s or its contractor’s approval of its initial pro- gram description or annual report. (Ord. 10-013 § 12, 2010; Ord. 03-087 § 11, 2003). 10-11 (Revised 9/10) Spokane Valley Municipal Code 10.20.330 10.20.320 Appeals. Any affected employer may appeal administra- tive decisions regarding exemptions, modification of goals, CTR program elements, and violations and penalties to the Hearing Examiner pursuant to Chapter 17.90 SVMC. Appeals shall be filed within 15 working days of the administrative deci- sion. All appeals shall be filed with the City Clerk. A. Criteria on Appeals. The designated Hearing Examiner, upon notification of a timely appeal by the Clerk of the Board of County Commissioners of Spokane County, will evaluate the appeal to determine if the decision is consistent with the CTR law and the CTR guidelines. The designated Hearing Examiner may schedule a meeting between the affected employer and the County. The decision of the designated Hearing Examiner shall be reduced to writing. It shall be sent by cer- tified mail, return receipt requested, to the affected employer. B. Appeal to the Board of County Commission- ers. Any affected employer may appeal the written decision of the designated Hearing Examiner to the Board of County Commissioners. Appeals shall be filed within 15 working days of the designated Hearing Examiner’s written decision. All appeals shall be filed with the Clerk of the Board of County Commissioners of Spokane County. The Board of County Commissioners shall con- sider only testimony and written documentation submitted to the designated Hearing Examiner on any matter appealed to the Board. No additional evidence shall be considered by the Board of County Commissioners. Upon receipt of an appeal, the Board of County Commissioners will set a date, no later than 30 cal- endar days, at which they will render their written decision on the appeal. C. Judicial Appeals. Any decision of the Board of County Commissioners, as provided for in sub- section B of this section, shall be final and conclu- sive, unless not later than 20 calendar days from the date of the written decision, the affected employer appeals to the Superior Court pursuant to RCW 36.32.330. (Ord. 10-013 § 13, 2010; Ord. 03-087 § 12, 2003). 10.20.330 Responsible City department. The City Manager shall designate the City department responsible for implementing this chapter, the CTR plan, and the City of Spokane Valley CTR program. In the alternative, the City may enter into an interlocal agreement with Spo- kane County whereby Spokane County would implement a City CTR plan and CTR program. (Ord. 10-013 § 14, 2010). 17-1 (Revised 12/07) Title 17 GENERAL PROVISIONS Chapters: 17.10 Authority 17.20 Purpose 17.30 Application, Violation, and Penalty 17.40 Rules of Construction 17.50 Code Interpretation 17.60 Consistency with Comprehensive Plan 17.70 Severability 17.80 Permit Processing Procedures 17.90 Appeals 17.100 Compliance and Enforcement 17.110 Fees and Penalties 17-3 (Revised 9/10) Spokane Valley Municipal Code 17.20.020 Chapter 17.10 AUTHORITY Sections: 17.10.010 Adoption authority. 17.10.010 Adoption authority. The City of Spokane Valley (hereafter referred to as “the City”) adopts Spokane Valley Municipal Code (SVMC) Titles 17 through 25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and 35A.14.140, and further in compliance with Chap- ter 36.70A RCW (the Growth Management Act) and WAC 365-195-800 through 365-195-865. (Ord. 07-015 § 4, 2007). Chapter 17.20 PURPOSE Sections: 17.20.010 General. 17.20.020 Liability. 17.20.010 General. These regulations have been established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to con- serve the value of property; and to encourage the most appropriate use of land throughout the City. (Ord. 07-015 § 4, 2007). 17.20.020 Liability. This title shall not be construed to relieve or lessen the responsibility of a person owning, build- ing, altering, constructing, or moving a building or structure, or developing a parcel or parcels of prop- erty as defined in the Uniform Development Code, nor shall the City or an agent thereof be held as assuming such liability by reason of inspection authorized in this title or a certificate of inspection issued by the City or any of its agencies. (Ord. 10- 010 § 1, 2010). 17.30.010 (Revised 9/10)17-4 Chapter 17.30 APPLICATION, VIOLATION, AND PENALTY Sections: 17.30.010 General. 17.30.010 General. All development and use of land within the cor- porate limits of the City shall conform to all of the requirements of this code, unless specifically exempted herein or by the operation of law. All violations of this title are hereby determined to be detrimental to the public health, safety and general welfare and are hereby declared public nuisances. Further, any person who willfully or knowingly causes, aids, or abets a violation pursuant to this uniform development code, by any act of commis- sion or omission, is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven con- secutive days) such violation continues shall be considered a separate misdemeanor offense. (Ord. 07-015 § 4, 2007). Chapter 17.40 RULES OF CONSTRUCTION Sections: 17.40.010 General. 17.40.020 Specific. 17.40.010 General. All provisions, terms, phrases, and expressions contained in this code shall be construed to imple- ment the intent and meaning of the city council. (Ord. 07-015 § 4, 2007). 17.40.020 Specific. A. Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below: 1. “Day” means a calendar day, unless work- ing day is specified. 2. “Week” means seven calendar days. 3. “Month” means a calendar month. 4. “Year” means a calendar year. B. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: 1. “And” indicates that all connected items, conditions, provisions or events shall apply. 2. “Or” indicates that one or more of the con- nected items, conditions, provisions or events shall apply. 3. “Either … or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. C. Delegation of Authority. Whenever a provi- sion appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to autho- rize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. D. Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate 17-5 (Revised 8/09) Spokane Valley Municipal Code 17.50.020 meaning in law shall be construed and understood according to such meaning. E. Number. A word indicating the singular number may extend and be applied to several per- sons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. F. Public Officials, Bodies and Agencies. All public officials, bodies, and agencies to which ref- erence is made are those of the City, unless other- wise indicated. G. Shall and May. The word “shall” is always mandatory and not discretionary. The word “may” is permissive. H. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. I. Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. (Ord. 07-015 § 4, 2007). Chapter 17.50 CODE INTERPRETATION Sections: 17.50.010 Interpretation of development code. 17.50.020 Appeal of administrative interpretation. 17.50.010 Interpretation of development code. Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. All requests for formal interpretations shall be made in writing. The interpretation shall be made by the community development director (hereafter referred to as “the director”). The community development department (hereafter referred to as “the department”) shall maintain a file of all writ- ten interpretations. (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 17.50.020 Appeal of administrative interpretation. This formal interpretation may be appealed pur- suant to the provisions of Chapter 17.90 SVMC. (Ord. 07-015 § 4, 2007). 17.60.010 (Revised 8/09)17-6 Chapter 17.60 CONSISTENCY WITH COMPREHENSIVE PLAN Sections: 17.60.010 Implementation of Comprehensive Plan. 17.60.010 Implementation of Comprehensive Plan. The regulations of this code are intended to implement the City’s official Comprehensive Plan and, as such, may be amended from time to time. A copy of the plan shall be kept in the office of the city clerk, and it shall be available for public inspection during regular business hours or on the City’s website. Applications for rezoning any land use action shall be consistent with the Comprehen- sive Plan. (Ord. 07-015 § 4, 2007). Chapter 17.70 SEVERABILITY Sections: 17.70.010 Severability. 17.70.010 Severability. The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sen- tences, paragraphs, or sections of this code. (Ord. 07-015 § 4, 2007). 17-7 (Revised 9/10) Spokane Valley Municipal Code 17.80.030 Chapter 17.80 PERMIT PROCESSING PROCEDURES Sections: 17.80.010 Purpose and applicability. 17.80.020 Types of development applications. 17.80.030 Assignment of development application classification. 17.80.040 Exempt activities. 17.80.050 Development application requirements. 17.80.060 Final decision authority. 17.80.070 Required application procedures. 17.80.080 Pre-application conference. 17.80.090 Counter-complete determination. 17.80.100 Fully complete determination. 17.80.110 Notice of application. 17.80.120 Notice of public hearing. 17.80.130 Final decision. 17.80.140 Type IV applications – Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area-wide rezones. 17.80.150 Type IV applications – Text amendments to the uniform development code. 17.80.160 Optional consolidated review process. 17.80.010 Purpose and applicability. A. Purpose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development and land use applica- tions within the City. This chapter is intended to: 1. Assure prompt review of development applications; 2. Provide for necessary public review and comment on development applications; 3. Minimize adverse impacts on surrounding land uses; 4. Encourage flexibility and innovation in the design and layout of development proposals; and 5. Ensure consistency with the Comprehen- sive Plan and development regulations. B. Applicability. This chapter applies to all development applications identified in the SVMC. (Ord. 07-015 § 4, 2007). 17.80.020 Types of development applications. Land use and development applications will be classified as follows: A. Type I procedures apply to permits and deci- sions issued administratively; B. Type II procedures apply to administrative actions that contain some discretionary criteria; C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria; D. Type IV procedures apply to legislative mat- ters. Legislative matters involve the creation, revi- sion, or large-scale implementation of public policy; E. Exempt applications defined in SVMC 17.80.040. (Ord. 07-015 § 4, 2007). 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and devel- opment applications shall be classified pursuant to the following table: 17.80.030 (Revised 9/10)17-8 Table 17.80-1 – Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross-Reference Type I Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works director, or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home occupation permit 19.40.140 Minor modifications of development agreements 19.30.015(I) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site plan 20.30.060 Type II Alterations – Preliminary and final subdivisions, short subdivisions, binding site plans 20.50 Binding site plan – Preliminary and final 20.50 Binding site plan – Change of conditions 20.50 SEPA threshold determination 21.20.060 Shoreline substantial development permit 21.50 Short subdivision – Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan – Change of conditions 20.30 Wireless communication facilities 22.120 Type III Conditional use permits 19.150 Planned residential developments 19.50 Plat vacation 20.70.020 Preliminary subdivision – Change of conditions 20.50 Subdivisions – Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Type IV Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area-wide zoning map amendments 17.80.140 Development agreements associated with Comprehensive Plan amendments 17.80.140 Development code text amendments 17.80.150 17-9 (Revised 9/10) Spokane Valley Municipal Code 17.80.070 B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall be assigned a type by the direc- tor, unless exempt under SVMC 17.80.040. When one or more procedure may be appropriate, the pro- cess providing the greatest opportunity for public notice shall be followed. (Ord. 10-004 § 1, 2010; Ord. 09-033 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter: 1. Normal or emergency repair or mainte- nance of public or private buildings, structures, landscaping, or utilities. 2. A change of any legally established use is exempt; unless the change of use requires: a. An increase in the number of parking spaces provided; b. A conditional use permit under Chapter 19.150 SVMC; c. A site plan approval under Chapter 19.130 SVMC; or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. 5. On-site utility permits not obtained in con- junction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improve- ments unless site plan review is required under Chapter 19.130 SVMC. B. Other Regulations. Applications exempt under this section remain subject to all other appli- cable standards and requirements of the SVMC. (Ord. 07-015 § 4, 2007). 17.80.050 Development application requirements. A. Application Forms. All applications shall be made on forms provided by the department. The director shall have authority to modify application materials. B. Submittal Information. All applications shall include the information required in applicable pro- visions of this code as identified in SVMC Table 17.80-2 and other additional information required by the department. C. Fees. Fees as required by Chapter 17.110 SVMC. (Ord. 07-015 § 4, 2007). 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I – the department. B. Type II – the department. C. Type III – the hearing examiner. D. Type IV – the city council preceded by a rec- ommendation by planning commission. (Ord. 07- 015 § 4, 2007). 17.80.070 Required application procedures. The required procedures for Type I, II, and III applications are set forth in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. 17.80.080 (Revised 9/10)17-10 (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 17.80.080 Pre-application conference. A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development; to enable staff to advise the applicant of applicable approvals and require- ments; to acquaint the applicant with the applicable requirements of the SVMC and other laws; and to identify issues and concerns in advance of a formal application. B. Pre-Application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. C. Pre-Application Waivers. The director may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. (Ord. 07-015 § 4, 2007). 17.80.090 Counter-complete determination. A. Determination and Application Content. Prior to accepting an application, the department shall determine whether the application is counter- complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. B. Incomplete Application. If the department determines that the application is not counter-com- plete, the application shall be rejected and the applicant advised of the information needed to complete the application. C. Counter-Complete Application. Counter- complete applications shall be accepted for review for fully complete determination. (Ord. 07-015 § 4, 2007). 17.80.100 Fully complete determination. A. Determination. Once a counter-complete application has been accepted, the department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully complete, or if incomplete, a list of what is required to make the application complete. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City will be provided to the applicant. B. Incomplete Application. If the necessary information is not provided by the applicant within 60 days, the department shall: 1. Reject and return the application; 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully complete review process with- out additional fees; provided, that the required information is provided by a date specified by the department; or 3. The applicant may withdraw the applica- tion by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. Table 17.80-2 – Permit Type and Land Use Application Application Type Pre-application conference17.80.080Counter-complete determination17.80.090Fully completedetermination17.80.100Notice ofapplication 17.80.110Notice of publichearing17.80.120Final decisionand notice17.80.130IOXXN/AN/AX *II **O X X X N/A X III XXXXXX X Required O Optional N/A Not Applicable *Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre-application meeting. Spokane Valley Municipal Code 17.80.110 17-10.1 (Revised 8/09) C. Fully Complete Application. If the depart- ment determines that any application is fully com- plete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110. D. Request for Additional Information. A fully complete determination shall not preclude the City from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. E. Revocation. An application’s fully complete and vesting status may be revoked if the depart- ment determines that the applicant intentionally submitted false information. F. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional informa- tion is necessary. (Ord. 07-015 § 4, 2007). 17.80.110 Notice of application. A. Contents. Within 14 calendar days after an application is determined fully complete, the department shall issue a notice of application. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a fully complete applica- tion was filed; b. A description of the proposed project and a list of project permits included with the appli- cation, as well as the identification of other permits not included in the application, to the extent known to the City; c. The proposed SEPA threshold determi- nation, if applicable; (Revised 8/09)17-10.2 This page intentionally left blank. 17-11 (Revised 12/07) Spokane Valley Municipal Code 17.80.120 d. The identification of any existing envi- ronmental documents that may be used to evaluate the proposed project; e. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; f. The name of the applicant or applicant’s authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; g. A description of the site, including cur- rent zoning and nearest road intersections, suffi- cient to inform the reader of its location and zoning; h. A map showing the subject property in relation to other properties or a reduced copy of the site plan; i. The date, place, and times where infor- mation about the application may be examined and the name and telephone number of the City repre- sentative to contact about the application; and j. Any additional information determined appropriate by the department. 2. In addition to the requirements listed in subsection (A)(1) of this section, a Type II notice of application shall state: a. That failure of any party to address the relevant approval criteria with sufficient specific- ity may result in the denial of the application; b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department; c. That after the comment period closes, the department shall issue a Type II notice of deci- sion. 3. In addition to the requirements listed in subsection (A)(1) of this section, a Type III appli- cation shall state: a. That a staff report will be available for inspection at least seven days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant; 2. All adjacent property owners of record as shown on the most recent property tax assessment roll; 3. Any governmental agency entitled to notice; and 4. Any person filing a written request for a copy of the notice of application. C. Type I Exception. A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including e-mail communications timely received in response to the notice of appli- cation together with a statement that the applicant may submit a written response to these comments within 14 calendar days from the date the com- ments are mailed. The department, in making this decision, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant. (Ord. 07-015 § 4, 2007). 17.80.120 Notice of public hearing. A public hearing is required for Type III appli- cations. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the follow- ing information: 1. The application and/or project number; 2. Project summary/description of each project permit application; 3. The designation of the hearing body; 4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; 5. General project location, vicinity, address, and parcel number(s), if applicable; 6. The name of the applicant or applicant’s authorized representative and the name, address and telephone number of a contact person for the applicant, if any; 7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status 17.80.130 (Revised 12/07)17-12 and phased review and stating the end of any final comment period; 8. A statement regarding the appeal process; and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at least 15 days prior to the hearing date and shall be distributed as follows: 1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor’s/treasurer’s database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the fol- lowing: a. Agencies with jurisdiction (SEPA); b. Municipal corporations or organization with which the City has executed an interlocal agreement; and c. Other persons who the City determines may be affected by the proposed action or who requested such notice in writing. 2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adja- cent to the subject property. The sign shall be pro- vided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: a. A minimum of two-inch border on the top, sides, and bottom of the sign; b. The first line in four-inch letters shall read “Notice of Public Hearing”; c. Spacing between all lines shall be a minimum of three inches; and d. The text of the sign shall include the following information in three-inch letters: i. Proposal; ii. Applicant; iii. File number; iv. Hearing (date and time); v. Location; and vi. Review authority. 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood news- paper or trade journal. (Ord. 07-015 § 4, 2007). 17.80.130 Final decision. A. Timeline to Make Final Decision – Type I. The department shall approve, approve with condi- tions, or deny a Type I application within 60 calen- dar days after the date the application was accepted as fully complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department’s decision shall address all of the relevant approval criteria applica- ble to the development application. B. Timeline to Make Final Decision – Type II and III. The final decision on a Type II and III application shall be made not more than 120 calen- dar days (90 days for subdivisions) after the date a fully complete determination is made. This period shall not include: 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City; 2. Time spent preparing an environmental impact statement; 3. Time between submittal and resolution of an appeal; or 4. Any extension of time mutually agreed upon by the applicant and the City in writing. C. Contents of Final Decision. The final deci- sion on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision; 2. The address or other geographic descrip- tion of the subject property, including a map of the site in relation to the surrounding area, where applicable; 3. The date the decision shall become final, unless appealed; 4. A statement that all persons who have standing under Chapter 17.90 SVMC may appeal the decision; 5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further infor- mation can be obtained concerning the appeal; Spokane Valley Municipal Code 17.80.140 17-13 (Revised 9/10) 6. A statement that the complete case file, including findings, conclusions, decisions and con- ditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City repre- sentative to contact about reviewing the case file; 7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; 8. A statement of the basis of decision pursu- ant to the SVMC and other applicable law; 9. The reasons for a conclusion to approve, approve with conditions, or deny the application; 10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed devel- opment will comply with applicable law; and 11. The date the final decision is mailed. D. Notice of the Final Decision. All final deci- sions shall be sent by regular mail to the following: 1. The applicant; 2. Any governmental agency entitled to notice; 3. Any person filing a written request for a copy of the notice of application or the final deci- sion; and 4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. (Ord. 07-015 § 4, 2007). 17.80.140 Type IV applications – Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area-wide rezones. A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood asso- ciation, or other party; or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be sub- ject to a pre-application conference, counter-com- plete, and fully complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department. 2. Non-Applicant Initiated. After submittal of a non-applicant-initiated application, the appli- cation shall be placed on the register. D. Register of Comprehensive Plan Amend- ments and Area-Wide Rezones. The department shall establish and maintain a register of all appli- cations. E. Concurrent and Annual Review of Register. 1. Sixty days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: a. Notice published in an appropriate regional or neighborhood newspaper or trade jour- nal; b. Notice posted on all of the City’s offi- cial public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the reg- ister for review at the following annual review. 3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). F. Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement of what areas, Comprehen- sive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official file; and 17.80.140 (Revised 9/10)17-14 f. A statement of the right of any person to submit written comments to the planning commis- sion and to appear at the public hearing of the plan- ning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B). G. Planning Commission Recommendation – Procedure. Following the public hearing, the plan- ning commission shall consider the applications concurrently, and shall prepare and forward a rec- ommendation of proposed action for all applica- tions to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recom- mending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in subsection (G)(1) or (2) of this section, the proposal will be sent to city council with the notation that the plan- ning commission makes no recommendation. H. Approval Criteria. 1. The City may approve Comprehensive Plan amendments and area-wide zone map amend- ments if it finds that: a. The proposed amendment bears a sub- stantial relationship to the public health, safety, welfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted plan not affected by the amendment; c. The proposed amendment responds to a substantial change in conditions beyond the prop- erty owner’s control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City must also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environ- ment; b. The effect on open space, streams, riv- ers, and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighbor- hoods; d. The adequacy of and impact on com- munity facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhood, City, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 days of receipt of the planning commission’s findings and recommendations, the city council shall consider the findings and recommendations of the commis- sion concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council’s public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If the modifica- tion is substantial, the council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. J. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60-day com- ment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. (Ord. 10-004 § 2, 2010; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.80.150 17-14.1 (Revised 9/10) 17.80.150 Type IV applications – Text amendments to the uniform development code. A. Initiation. Text amendments to this code may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood asso- ciation, or other party; or (Revised 9/10)17-14.2 This page intentionally left blank. Spokane Valley Municipal Code 17.80.160 17-15 (Revised 8/09) 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. After submittal of an applicant-initiated application, the application shall be subject to a pre-application conference, counter-complete determination, and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. 2. After submittal, the application shall be placed on the next available planning commission agenda. D. Notice of Public Hearing. Amendments to this code require a public hearing before the plan- ning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. The date, time, and place of the public hearing; d. A statement of the availability of the official file; and e. A statement of the right of any person to submit written comments to the planning commis- sion and to appear at the public hearing of the plan- ning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice to the applicant, newspa- per, City Hall and the main branch of the library. E. Planning Commission Recommendation – Procedure. Following the public hearing, the plan- ning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recom- mending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in subsection (E)(1) or (2) of this section, the proposal will be sent to city council with the notation that the plan- ning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to this code if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehen- sive Plan; and 2. The proposed amendment bears a substan- tial relation to public health, safety, welfare, and protection of the environment. G. City Council Action. Within 60 days of receipt of the planning commission’s findings and recommendations, the city council shall consider the findings and recommendations of the commis- sion concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council’s public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If modification is substantial, the council must either conduct a pub- lic hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. H. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60-day com- ment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 17.80.160 Optional consolidated review process. A. Optional Consolidated Review Process. This optional process provides for the consider- ation of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a 17.90.010 (Revised 8/09)17-16 single project, the optional consolidated review process is composed of the following: 1. Pre-Application Meeting. A single pre- application meeting will be conducted for all appli- cations submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3. Notice of Application. When a consoli- dated application is deemed complete, a consoli- dated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. 4. Comment Period. The consolidated appli- cation shall provide for one comment period for all permits included in the consolidated application. 5. The City will issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as the com- panion Type III application. 6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice will include the Type III permit to be heard and any open record appeals of administrative portions of the consoli- dated application. 7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. (Ord. 07-015 § 4, 2007). Chapter 17.90 APPEALS Sections: 17.90.010 General. 17.90.020 Effective date of final decisions. 17.90.030 Standing. 17.90.040 Time for and contents of an appeal to the hearing examiner. 17.90.050 Appeal review process for hearing examiner. 17.90.060 Hearing examiner appeal hearing procedures. 17.90.070 Time for and contents of an appeal to the city council. 17.90.080 Appeal review process for city council. 17.90.090 City council appeal hearing procedures. 17.90.010 General. A. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.90-1. Specific procedures fol- lowed by the planning commission, hearing exam- iner, and city council are set forth in Appendix B. 17-17 (Revised 2/09) Spokane Valley Municipal Code 17.90.030 (Ord. 07-015 § 4, 2007). 17.90.020 Effective date of final decisions. A. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of this chapter shall apply. The appli- cant and owner have the right to waive their appeal rights, and in such cases where a waiver is submit- ted in writing to the department, the Type I deci- sion is considered final on the day it is signed by the director or designee or on the day the waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. B. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the proce- dures of this chapter shall apply. (Ord. 07-015 § 4, 2007). 17.90.030 Standing. A. Type I Decision. The following parties have standing to appeal a Type I decision: 1. The applicant and the owner of the prop- erty to whom the decision is directed; and 2. The adjacent property owners whose interests are a required part of the application approval. B. Type II Decision. The following parties have standing to appeal a Type II decision: 1. The applicant and owner of the property to whom the decision is directed; 2. Any party for whom written notice is required; and 3. Any other party who participates in the decision process through the submittal of substan- tive written comments. C. Type III Decision. The following parties have standing to appeal a Type III decision: 1. The applicant and the owner of the prop- erty to whom the decision is directed; 2. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: a. The decision has prejudiced or is likely to prejudice that person; b. That person’s asserted interests are among those that the hearing examiner was required to consider when the decision was made; c. A reversal or modification of the deci- sion in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and Table 17.90-1 – Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II decisions Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Building permits Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Type III decisions except zoning map amendments Superior court (Chapter 36.70C RCW) Type III zoning map amendments City council (SVMC 17.90.070); further appeal to superior court (Chapter 36.70C RCW) Type IV decisions Superior court Matters subject to review pursuant to RCW 36.70A.020 Growth Management Hearing Board Shoreline development permits Shoreline Hearings Board (RCW 90.58.180) Compliance and enforcement decisions (Chapter 17.100 SVMC) Appeal authority Notice and order of violation Hearing examiner (SVMC 17.90.040); further appeal to superior court 17.90.040 (Revised 2/09)17-18 d. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A “party of record” means a person who appeared at the public hearing held by the hearing examiner, or who submitted substan- tive written comments in the matter prior to the closing of the record for the hearing; 3. The director. D. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. E. Compliance and Enforcement Decisions. The following parties have standing to appeal a compliance and enforcement decision: 1. The party or owner of property subject to an appeal; and 2. The complainant if a written request is made to be notified of the City’s response to the complaint filed by the complainant. (Ord. 07-015 § 4, 2007). 17.90.040 Time for and contents of an appeal to the hearing examiner. A. Appeal to Hearing Examiner. Any appeal to the hearing examiner must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: 1. The case number designated by the City and the name of the applicant; 2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall desig- nate one party as the contact representative; 3. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; 4. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; 5. The appeal fee as identified in Chapter 17.110 SVMC. The fee may be refunded, either wholly or partially, only if the appellant requests withdrawal of the appeal in writing at least 14 cal- endar days before the scheduled appeal hearing date; 6. A person responsible for a code compli- ance/enforcement violation who successfully appeals the City’s administrative determination of a violation shall be refunded the appeal fee within 45 days. (Ord. 08-025 § 1, 2008; Ord. 07-015 § 4, 2007). 17.90.050 Appeal review process for hearing examiner. A. Appeal Review Process. 1. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the hearing examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the department. 2. Notice of the appeal hearing shall be mailed to the applicant and the appellant, if differ- ent than the applicant. (Ord. 07-015 § 4, 2007). 17.90.060 Hearing examiner appeal hearing procedures. A. Hearing Procedures. All appeals to the hear- ing examiner shall be conducted in the manner set forth in Appendix B. B. Scheduling of Hearings. 1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in RCW 36.70B.110. 2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day’s agenda. 3. The hearing examiner may consolidate applications involving the same or related proper- ties for hearing. C. Notice of Hearing – Effect of Notice. 1. Each public notice required for the hear- ing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. 2. Failure of a person entitled to receive notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision, if the notice was properly mailed and posted. 3. A person is deemed to have received notice if the person appears at the hearing, or sub- mits written comments on the merits of the appli- cation, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 17-19 (Revised 2/09) Spokane Valley Municipal Code 17.90.070 4. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. D. Staff Reports on Applications. 1. The department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications. 2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspec- tion. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or fur- nished, the hearing examiner may at his/her discre- tion continue the hearing, considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recom- mendations to the department on the format and content of staff reports submitted to the hearing examiner. E. Site Inspections. 1. The hearing examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the examiner ren- ders a final decision. The hearing examiner need not give notice of the intention to make an inspec- tion. 2. The inspection and the information obtained from it shall not be construed as new evi- dence or evidence outside the record. If an inspec- tion reveals new and unanticipated information, the hearing examiner may, upon notice to all par- ties of record, request written response to such information or reopen the hearing to consider the information. (Ord. 07-015 § 4, 2007). 17.90.070 Time for and contents of an appeal to the city council. All appeals to the city council shall be closed- record appeals and shall follow the procedures and conduct as set forth below: A. Appeals of the hearing examiner’s decision to the city council must be: 1. Filed with the city clerk within 14 calen- dar days from the date the final decision of the hearing examiner was mailed; 2. Accompanied by the appeal fee identified by Chapter 17.110 SVMC; 3. Accompanied by the separate tran- script/record deposit fee identified by Chapter 17.110 SVMC; and 4. Submitted on a form obtained from the city clerk. B. The appeal form submitted by the appellant shall contain the following information: 1. The file number and a copy of the deci- sion; 2. The name and mailing address of the appellant, the name and mailing address of the appellant’s attorney, if any, and the name of the applicant, if different than the appellant; 3. Facts demonstrating that the appellant has standing to appeal; 4. A separate and concise statement of each error alleged to have been committed; 5. A separate and concise statement of facts upon which the appellant relies to sustain the state- ment of error; and 6. A request for relief, specifying the type and extent of relief requested. C. Upon receipt of the written appeal form and payment of the appeal fee, the city clerk shall for- ward a copy of the appeal and the transcript/record deposit fee to the hearing examiner. D. The appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4. The appeal fee or the transcript/record deposit fee was not timely paid; 5. The appellant failed to timely pay the costs incurred by the hearing examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or 6. It is not filed in accordance with the pro- cedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within 15 calendar days from the filing date of the appeal, except for a dismissal under subsection (D)(5) of this section. The city council may dismiss an appeal under subsection (D)(5) of this section, upon receiving written notification from the hearing examiner that the appellant failed to timely pay the costs incurred by the hearing 17.90.080 (Revised 2/09)17-20 examiner for the appeal after being billed for such costs. E. The hearing examiner shall have 30 calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the exam- iner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The city council may authorize a longer time, at the hearing examiner’s request, for unusu- ally large records or transcripts. 1. If the hearing examiner, the appellant, and the applicant (if different than the appellant), agree, or upon order of the city council, the verbatim tran- script and/or record may be shortened or summa- rized to avoid reproduction or transcription of portions of the record that are duplicative or irrele- vant to the issues raised by the appeal. 2. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the hearing examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven calendar days from the date the bill was mailed or provided to the appel- lant. 3. Upon the appellant’s payment of the bill for the cost of the transcript and record, the hearing examiner shall, by the next business day, deliver a copy of the appeal, verbatim transcript, and certi- fied record to the city clerk. The hearing examiner shall also provide to the city clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the hear- ing examiner. 4. The city clerk will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the city council, and the city attorney. The hearing examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if different than the appellant), and other entities that may request one at the cost of reproduction. 5. If the city council dismisses the appeal on procedural grounds, the appellant shall reimburse the hearing examiner for the balance of the costs incurred by the hearing examiner in preparing the transcript and record as of the date of the dismissal, if any. (Ord. 07-015 § 4, 2007). 17.90.080 Appeal review process for city council. The city council, at its next regular meeting fol- lowing receipt of the transcript and record from the hearing examiner, will schedule a closed-record hearing on the appeal. A. The city council shall schedule the appeal hearing no sooner than 30 calendar days from the date the transcript and record were received from the hearing examiner. B. The city council may approve a later hearing date upon agreement of the applicant. C. The appellant, or a party of record in opposi- tion to the appeal, may provide input as to the hear- ing date only in person at the meeting, or by submitting a letter to the city clerk prior to the meeting. D. The city clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the hearing examiner within five calendar days from the date the appeal hearing was scheduled. E. Closed record appeals before the city council shall be concluded within 60 days from the date the transcript and record are received by the city clerk, unless the applicant agrees in writing to a longer period. (Ord. 07-015 § 4, 2007). 17.90.090 City council appeal hearing procedures. All appeals to the city council shall be con- ducted in the manner set forth in Appendix C. (Ord. 08-022 § 2, 2008; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.100.030 17-21 (Revised 3/13) Chapter 17.100 COMPLIANCE AND ENFORCEMENT Sections: 17.100.010 Purpose and scope. 17.100.020 Relationship to Growth Management Act. 17.100.030 Enforcement, authority, and administration. 17.100.040 Repealed. 17.100.050 Procedures when probable violation is identified. 17.100.060 Service – Notice and order and stop work order. 17.100.070 Training and rulemaking. 17.100.080 Obligations of persons responsible for code violation. 17.100.090 Determination of compliance. 17.100.100 Voluntary compliance agreement – Authority. 17.100.110 Voluntary compliance agreement – Contents. 17.100.120 Failure to meet terms of voluntary compliance agreement. 17.100.130 Notice and order – Authority. 17.100.140 Notice and order – Effect. 17.100.150 Notice and order – Contents. 17.100.160 Notice and order – Supplementation, revocation, modification. 17.100.170 Notice and order – Administrative conference. 17.100.180 Notice and order – Remedies – Suspension, revocation, or limitation of permit. 17.100.190 Notice and order – Remedies – Denial of permit. 17.100.200 Notice and order – Remedies – Abatement. 17.100.210 Stop work order – Authority. 17.100.220 Stop work order – Effect. 17.100.230 Stop work order – Remedy – Civil penalties. 17.100.240 Stop work order – Remedy – Criminal penalties. 17.100.250 Civil penalties – Assessment schedule. 17.100.260 Civil penalties – Duty to comply. 17.100.270 Civil penalties – Community service. 17.100.280 Civil penalties – Waivers. 17.100.290 Civil penalties – Critical areas. 17.100.300 Cost recovery. 17.100.310 Collection of civil penalties, fees, and costs. 17.100.320 Abatement. 17.100.330 Code compliance abatement fund – Authorized. 17.100.340 Judicial enforcement – Petition for enforcement. 17.100.010 Purpose and scope. This chapter sets forth the enforcement proce- dures for violations of the following: A. Nuisances (Chapter 7.05 SVMC); and B. Violations of any provisions of the uniform development code (SVMC Titles 17 through 25). (Ord. 07-015 § 4, 2007). 17.100.020 Relationship to Growth Management Act. This chapter is adopted as development regula- tions pursuant to Chapter 36.70A RCW (Growth Management Act). (Ord. 07-015 § 4, 2007). 17.100.030 Enforcement, authority, and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations, determine that violations of SVMC Titles 17 through 22 and Title 24, have occurred or are occurring, and may: 1. Enter into voluntary compliance agree- ments with persons responsible for code violations; 2. Issue notice and orders, assess civil penal- ties, and recover costs as authorized by this chap- ter; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons respon- sible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this chapter; 6. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation 17.100.040 (Revised 3/13)17-22 to prosecute willful and knowing violations as mis- demeanor offenses. B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. C. In addition to, or as an alternative to, utiliz- ing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any con- ditions or enjoin any acts or practices which consti- tute a code violation. D. In addition to, or as an alternative to, utiliz- ing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County district court or superior court by the office of the city attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, les- see, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing sup- ported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The City may, upon presentation of proper credentials, with the consent of the owner or occu- pier of a building or premises, or pursuant to a law- fully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the rele- vant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appro- priate fire district, Spokane Regional Health Dis- trict, or other appropriate City department or other non-city agency assist in enforcement. (Ord. 12- 027 § 1, 2012; Ord. 10-002 § 1, 2010; Ord. 07-015 § 4, 2007). 17.100.040 Guidelines for departmental responses to complaints. Repealed by Ord. 12-027. (Ord. 07-015 § 4, 2007). 17.100.050 Procedures when probable violation is identified. A. The City shall determine, based upon infor- mation derived from sources such as field observa- tions, the statements of witnesses, relevant documents, and data systems for tracking viola- tions and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be docu- mented and the person responsible for the code violations promptly notified. B. Except as provided in subsection C of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise deter- mines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the per- son an opportunity to correct it or enter into a vol- untary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. C. No warning need be issued in emergencies, repeat violation cases, cases that are already sub- ject to a voluntary compliance agreement, cases where the violation creates or has created a situa- tion or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. D. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. E. The City shall use all reasonable means to determine and proceed against the person(s) actu- ally responsible for the code violation occurring when the property owner has not directly or indi- rectly caused the violation. F. If the violation is not corrected, or a volun- tary compliance agreement is not entered into within 30 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon dis- covery of a violation in progress. (Ord. 12-027 § 3, 2012; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.100.100 17-23 (Revised 3/13) 17.100.060 Service – Notice and order and stop work order. A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leav- ing a copy of the notice and order at the person’s house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concur- rently mailing notice as provided for below, if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailing one copy, postage prepaid, by ordinary first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the land- owner of the property where the violation occurred. Service by mail shall be presumed effec- tive upon the third business day following the day upon which the notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecu- tive weeks in an appropriate regional or neighbor- hood newspaper or trade journal. Service by publication shall be deemed complete at the expi- ration of the time prescribed for publication. A notice and order served by publication shall be signed by a code compliance officer, shall include the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. D. The failure of the City to make or attempt service on any person named in the notice of viola- tion, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. 12-027 § 4, 2012; Ord. 07-015 § 4, 2007). 17.100.070 Training and rulemaking. The City shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reason- able and appropriate protocols for investigating code violations. (Ord. 07-015 § 4, 2007). 17.100.080 Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable con- dition to achieve code compliance. Payment of civil penalties, applications for permits, acknowl- edgement of stop work orders, and compliance with other remedies do not substitute for perform- ing the corrective work required and having the property brought into compliance to the extent rea- sonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs. (Ord. 08-025 § 2, 2008; Ord. 07- 015 § 4, 2007). 17.100.090 Determination of compliance. After issuance of a warning, voluntary compli- ance agreement, notice and order, or stop work order, and after the person(s) responsible for a vio- lation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of com- pliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order. (Ord. 12-027 § 5, 2012; Ord. 08-025 § 3, 2008; Ord. 07-015 § 4, 2007). 17.100.100 Voluntary compliance agreement – Authority. A. Whenever the City determines that a code violation has occurred or is occurring, the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person respon- sible for the code violation, the City may enter into a voluntary compliance agreement as provided for in this chapter. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal 17.100.110 (Revised 3/13)17-24 or written warning, a notice and order, or a stop work order and before an appeal is decided. C. Upon entering into a voluntary compliance agreement, a person responsible for a code viola- tion waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An exten- sion of the time limit for compliance or a modifica- tion of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substan- tial progress in correcting the violation, but cir- cumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original volun- tary compliance agreement. E. The voluntary compliance agreement is not a settlement agreement. (Ord. 07-015 § 4, 2007). 17.100.110 Voluntary compliance agreement – Contents. The voluntary compliance agreement is a writ- ten, signed commitment by the person(s) responsi- ble for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: A. The name and address of the person respon- sible for the code violation; B. The address or other identification of the location of the violation; C. A description of the violation and a refer- ence to the provision(s) of the ordinance, resolu- tion or regulation which has been violated; D. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; F. An acknowledgement that if the City deter- mines that the terms of the voluntary compliance agreement are not met, the City may, without issu- ing a notice and order or stop work order, impose any remedy authorized by this chapter, enter the real property and perform abatement of the viola- tion by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; G. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all per- sons responsible for the violation; H. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary com- pliance agreement existed and constituted a code violation; and I. An acknowledgement that the person respon- sible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identi- fied in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. (Ord. 07-015 § 4, 2007). 17.100.120 Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an exten- sion of time has not been granted, the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chap- ter. Penalties imposed when a voluntary compli- ance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. B. The City may issue a notice and order or stop work order for failure to meet the terms of a volun- tary compliance agreement. (Ord. 12-027 § 6, 2012; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.100.150 17-25 (Revised 3/13) 17.100.130 Notice and order – Authority. When the City has reason to believe, based on investigation of documents and/or physical evi- dence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agree- ment have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determi- nation whether or not to issue a notice and order within 30 days of determining that a violation exists, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. (Ord. 12-027 § 7, 2012; Ord. 07-015 § 4, 2007). 17.100.140 Notice and order – Effect. A. A notice and order represents a determina- tion that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. B. The City is authorized to impose civil penal- ties upon a determination by the City that a viola- tion has occurred pursuant to a notice and order. C. Issuance of a notice and order in no way lim- its the City’s authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this chapter. (Ord. 07- 015 § 4, 2007). 17.100.150 Notice and order – Contents. The notice and order shall contain the following information: A. The address, when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the vio- lation occurred or is located, or a description iden- tifying the property by commonly used locators; C. A statement that the City has found the named person(s) responsible for a violation and a brief description of the violation(s) found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, per- mit condition, notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penal- ties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assess- ments issued pursuant to this chapter; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; I. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obli- gation of all persons responsible for a code viola- tion; K. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order to the hearing examiner within 14 days of the date of service of the notice and order; L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; M. A statement advising that a failure to appeal the notice and order within the applicable time lim- its renders the notice and order a final determina- tion that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and O. A statement advising that failure to comply with the notice and order may be referred to the office of the city attorney for appropriate legal action. (Ord. 12-027 § 8, 2012; Ord. 08-025 § 4, 2008; Ord. 07-015 § 4, 2007). 17.100.160 (Revised 3/13)17-26 17.100.160 Notice and order – Supplementation, revocation, modification. A. The City may add to, revoke, in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be gov- erned by the same procedures and time limits applicable to all notice and orders contained in this chapter. B. The City may issue a supplemental notice and order, or revoke a notice and order issued under this chapter: 1. If the original notice and order was issued in error; 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named. (Ord. 07-015 § 4, 2007). 17.100.170 Notice and order – Administrative conference. An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolu- tion of any violation. Interested parties shall not unreasonably be excluded from such conferences. (Ord. 07-015 § 4, 2007). 17.100.180 Notice and order – Remedies – Suspension, revocation, or limitation of permit. A. The City may suspend, revoke, or modify any permit issued by the City whenever: 1. The permit holder has committed a viola- tion in the course of performing activities subject to that permit; and 2. The permit holder has interfered with the authorized representatives of the City in the perfor- mance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; 5. There is a permit or approval that is sub- ject to sensitive area review, and the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant’s ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establish- ing permit or approval conditions. B. Such suspension, revocation, or modifica- tion shall be carried out through the notice and order provisions of this chapter and shall be effec- tive upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the hearing exam- iner using the appeal provisions of this chapter. C. Notwithstanding any other provision of this chapter, the City may immediately suspend opera- tions under any permit by issuing a stop work order. (Ord. 07-015 § 4, 2007). 17.100.190 Notice and order – Remedies – Denial of permit. A. The City may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or sub- mitting the development proposal has been found in violation of any ordinance, resolution, regula- tion, or public rule of the City that regulates or pro- tects the public health, safety and welfare, or the use and development of land and water; and/or 2. Any person owning the property or sub- mitting the development proposal has been found in violation and remains in violation of the condi- tions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, reso- lution, regulation, or public rule. B. In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration, accepted as com- plete by the City, and by payment of any civil pen- alty imposed for the violation, except that permits or approvals shall be granted to the extent neces- sary to accomplish any required restoration or cure. (Ord. 07-015 § 4, 2007). 17.100.200 Notice and order – Remedies – Abatement. In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to this chapter. (Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.100.260 17-27 (Revised 3/13) 17.100.210 Stop work order – Authority. The City is authorized to issue a stop work order to a person responsible for a code violation. Issu- ance of a notice and order is not a condition prece- dent to the issuance of the stop work order. (Ord. 07-015 § 4, 2007). 17.100.220 Stop work order – Effect. A. A stop work order represents a determina- tion that a code violation has occurred or is occur- ring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. C. A stop work order may be appealed accord- ing to the procedures prescribed in this chapter. D. Failure to appeal the stop work order within 20 days renders the stop work order a final deter- mination that the civil code violation occurred and that work was properly ordered to cease. E. A stop work order may be enforced by the City police. (Ord. 07-015 § 4, 2007). 17.100.230 Stop work order – Remedy – Civil penalties. A. In addition to any other judicial or adminis- trative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 17.100.250. B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a sep- arate violation from any other code violation. (Ord. 07-015 § 4, 2007). 17.100.240 Stop work order – Remedy – Criminal penalties. In addition to any other judicial or administra- tive remedy, the City may forward to the office of the city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. (Ord. 07-015 § 4, 2007). 17.100.250 Civil penalties – Assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes for violations iden- tified in a notice and order or stop work order, pur- suant to the following schedule: Notice and orders and stop work orders – basic initial penalty: $500.00. B. Additional penalties shall be added where there is: 1. Second violation: $500.00. 2. Each subsequent violation (three or more): $1,000. 3. Economic benefit to person responsible for violation: $5,000. C. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a per- son found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. D. The City may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a voluntary compliance agreement. E. Civil penalties assessed create a joint and several personal obligation in all persons responsi- ble for a code violation. F. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real prop- erty for the civil penalties assessed under this chap- ter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal), any civil penalties remain unpaid in whole or in part. (Ord. 12-027 § 9, 2012; Ord. 08-025 § 5, 2008; Ord. 07-015 § 4, 2007). 17.100.260 Civil penalties – Duty to comply. Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the per- son responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has 17.100.270 (Revised 3/13)17-28 provided sufficient evidence of such compliance. (Ord. 07-015 § 4, 2007). 17.100.270 Civil penalties – Community service. The City is authorized to allow a person respon- sible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu of paying all or a portion of the assessed civil pen- alties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penal- ties are worked off under this section is $10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. (Ord. 07-015 § 4, 2007). 17.100.280 Civil penalties – Waivers. A. Civil penalties may be waived or reimbursed to the payer by the City under the following cir- cumstances: 1. The notice and order or stop work order was issued in error; 2. The civil penalties were assessed in error; 3. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued; or 4. As appropriate to resolve litigation. B. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless priv- ileged. (Ord. 08-025 § 6, 2008; Ord. 07-015 § 4, 2007). 17.100.290 Civil penalties – Critical areas. A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recre- ational, and economic values lost or damaged due to their unlawful action. B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this chap- ter, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. Violation of critical area provisions of this code means: 1. The violation of any provision of Chapter 21.40 SVMC, Critical Areas, or of the administra- tive rules promulgated thereunder; 2. The failure to obtain a permit required for work in a critical area; or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. E. Any person in violation of Chapter 21.40 SVMC, Critical Areas, may be subject to civil pen- alties, costs, and fees as follows: 1. According to the civil penalty schedule under SVMC 17.100.250; provided, that the exact amount of the penalty per violation shall be deter- mined by the City based on the physical extent and severity of the violation; or 2. The greater of: a. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: i. The resulting increase in market value of the property; ii. The value received by the person responsible for a violation; iii. The savings of construction costs realized by the person responsible for a code viola- tion as a result of performing any act in violation of Chapter 21.40 SVMC, Critical Areas; or b. Code compliance costs incurred by the City to enforce Chapter 21.40 SVMC, Critical Areas. (Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 17.100.340 17-29 (Revised 3/13) 17.100.300 Cost recovery. A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of this section, “reasonable legal fees and costs” shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this chapter as may be allowed by law; 2. Administrative Personnel Costs. For pur- poses of this section, “administrative personnel costs” shall include, but are not limited to, admin- istrative employee costs, both direct and related, incurred to enforce the provisions of this chapter; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mail- ing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create joint and several personal obligations in all persons respon- sible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this chap- ter, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this chapter if the viola- tion was reasonably related to the real property, in accordance with any lien provisions authorized by state law. E. Any lien filed shall be subordinate to all pre- viously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City may cause a claim of lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nui- sance abated. The claim of lien shall contain suffi- cient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 12-027 § 10, 2012; Ord. 07-015 § 4, 2007). 17.100.310 Collection of civil penalties, fees, and costs. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this chapter. (Ord. 07-015 § 4, 2007). 17.100.320 Abatement. A. Emergency Abatement. Whenever a condi- tion constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compli- ance. C. The City shall seek to recover the costs of abatement as authorized by this chapter. (Ord. 07- 015 § 4, 2007). 17.100.330 Code compliance abatement fund – Authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. (Ord. 07-015 § 4, 2007). 17.100.340 Judicial enforcement – Petition for enforcement. A. In addition to any other judicial or adminis- trative remedy, the office of the city attorney, on behalf of the City, may seek enforcement of the City’s order by filing a petition for enforcement in Spokane County superior court. B. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 17.110.010 (Revised 3/13)17-30 C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. (Ord. 07-015 § 4, 2007). Chapter 17.110 FEES AND PENALTIES Sections: 17.110.010 Master fee schedule. 17.110.010 Master fee schedule. All fees and penalties for development permits, formal interpretations, violations of provisions of this development code or allowed appeals shall be set forth in the City of Spokane Valley Master Fee Schedule. A copy of this schedule shall be avail- able at the community development department. (Ord. 07-015 § 4, 2007). 18-1 (Revised 2/10) Title 18 BOARDS AND AUTHORITIES Chapters: 18.10 Planning Commission 18.20 Hearing Examiner 18.30 Community Development Department 18.40 Building Official 18.50 Public Works Department 18-3 (Revised 8/11) Spokane Valley Municipal Code 18.10.040 Chapter 18.10 PLANNING COMMISSION Sections: 18.10.010 Establishment and purpose. 18.10.020 Membership. 18.10.030 Meetings – Rules. 18.10.040 Staff support. 18.10.050 Duties and responsibilities. 18.10.010 Establishment and purpose. There is created the City of Spokane Valley planning commission (hereafter referred to as the “planning commission”). The purpose of the plan- ning commission is to study and make recommen- dations to the mayor and city council for future planned growth through continued review of the City’s comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. (Ord. 07-015 § 4, 2007). 18.10.020 Membership. A. Qualifications. The membership of the plan- ning commission shall consist of individuals who have an interest in planning, land use, transporta- tion, capital infrastructure and building and land- scape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four mem- bers of the city council. Planning commissioners shall be selected without respect to political affili- ations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the thirty-first day of December. D. Removal. Members of the planning commis- sion may be removed by the mayor, with the con- currence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding member- ship on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the plan- ning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Offic- ers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the city council reg- ulating the conduct of any person holding appoint- ive office within the City. No elected official or City employee may be a member of the planning commission. (Ord. 07-015 § 4, 2007). 18.10.030 Meetings – Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the planning com- mission and perform such other functions as deter- mined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The planning commission shall determine a regular meeting schedule (time, place and fre- quency) and shall meet at least one time every month. All meetings shall be open to the public. C. The planning commission shall adopt such rules and procedures as are necessary for the con- duct of business, subject to the approval of city council, and shall keep a recording of its proceed- ings. D. All hearings before the planning commis- sion shall be conducted in the manner set forth in Appendix B. (Ord. 07-015 § 4, 2007). 18.10.040 Staff support. Administrative staff support to the planning commission shall be provided by the City’s com- munity development department (hereafter referred to as the “department”). In addition, the planning commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director (hereafter referred to as the “director”) on any pending matter. (Ord. 07-015 § 4, 2007). 18.10.050 (Revised 8/11)18-4 18.10.050 Duties and responsibilities. The planning commission, as an advisory body to the city council, shall perform and have the fol- lowing duties and responsibilities: A. Assist in the preparation of a Comprehen- sive Plan and development regulations in compli- ance with Chapters 35A.63 and 36.70A RCW, including the establishment of procedures for early and continuous public participation in the develop- ment and amendment of the Comprehensive Plan and the development regulations; B. Review plans and regulations related to land use management, shoreline management, environ- mental policy, transportation systems, public facil- ities and capital infrastructure planning and development; C. Upon request from the city manager or city council, review potential annexations to the City; D. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; E. Identify issues and recommend priorities for geographic subareas including park and open space areas in the City; F. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and per- mitting process; G. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; H. Hold public hearings in the exercise of duties and responsibilities; I. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hear- ings required to be held in the course of adoption or amendment to the Comprehensive Plan, the devel- opment regulations, adoption or amendment of the zoning map, or adoption or amendment of regula- tions for the subdivision of land, shoreline manage- ment, environmental regulations, and other land use ordinances of the City. (Ord. 07-015 § 4, 2007). Chapter 18.20 HEARING EXAMINER Sections: 18.20.010 Authority. 18.20.020 Appointment. 18.20.030 Powers and duties. 18.20.040 Removal. 18.20.050 Ex parte communications. 18.20.060 Conflict of interest. 18.20.010 Authority. The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and Chapter 58.17 RCW et seq. (Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007). 18.20.020 Appointment. A. The hearing examiner is appointed by the city manager with regard only for qualifications for the duties of the office. The city manager alterna- tively may contract for hearing examiner services or may appoint one or more hearing examiners pro tem. B. The qualifications for the office of hearing examiner include a license to practice law in the state of Washington, expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hear- ings and to issue decisions and recommendations on land use planning and regulatory matters. (Ord. 09-023 § 1, 2009). 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the follow- ing powers and duties: 1. Annually provide a written report to the city manager, city council and director of the com- munity development department that states the number and type of hearings conducted and deci- sions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent obser- vations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager, city council or director of community development department to discuss the written report. 3. Receive and examine available informa- tion, make site visits, take official notice of mat- 18-5 (Revised 2/10) Spokane Valley Municipal Code 18.20.060 ters, conduct public hearings, prepare a record thereof, and enter findings, decisions or recom- mendations. 4. As a part of the conduct of public hear- ings, the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appro- priate to the proceedings; e. Receive evidence and cause prepara- tion of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing pro- cess; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to com- ply with the conditions imposed by the hearing examiner where specifically authorized by the UDC or state law. 5. The hearing examiner shall hear the fol- lowing matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Conditional use permits and variances under the shoreline master program; e. Preliminary plats; f. Appeals from any administrative deci- sion of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regu- lation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); i. Planned unit developments, including any environmental determination (under SEPA); and j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hear- ing examiner can be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC. (Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007. Formerly 18.20.020). 18.20.040 Removal. The hearing examiner or hearing examiner pro tem may be removed by the city manager without cause; or, if serving under a contract, according to the terms or upon its expiration. (Ord. 09-023 § 1, 2009). 18.20.050 Ex parte communications. A. No person may communicate ex parte, directly or indirectly, with the hearing examiner. The hearing examiner may not communicate ex parte with opponents or proponents of any applica- tion unless the hearing examiner makes the sub- stance of such communication part of the public record and provides the opportunity for any party to rebut the substance of such communication as provided by law. The hearing examiner may reopen the hearing record prior to a final decision to address such matters. B. This section does not prohibit ex parte com- munication regarding procedural matters, commu- nication by the hearing examiner with his/her staff or the city attorney’s office, communication by the hearing examiner for the sole purpose of conveying information regarding the specifics of an applica- tion, or communication by the hearing examiner with city departments for the purpose of obtaining information or clarification, so long as the informa- tion or clarification received by the hearing exam- iner is made part of the record. (Ord. 09-023 § 1, 2009). 18.20.060 Conflict of interest. The hearing examiner may not participate in a public hearing or decision-making process where such participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Simi- larly, the hearing examiner may not participate in a public hearing or decision-making process where such participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW, unless the parties to such hearing or decision con- sent to or waive their right to object to such partic- ipation. (Ord. 09-023 § 1, 2009). 18.30.010 (Revised 2/10)18-6 Chapter 18.30 COMMUNITY DEVELOPMENT DEPARTMENT Sections: 18.30.010 Responsibilities. 18.30.010 Responsibilities. The community development department shall have the following responsibilities: A. To review all development permits includ- ing street and drainage construction plans to ensure conformance with the appropriate provisions of the Spokane Valley Municipal Code (SVMC) and those additional standards adopted by the code. B. To inspect the construction of all develop- ment improvements to ensure conformance with the appropriate provisions of the SVMC and those additional standards adopted by the code. C. To regularly update the Comprehensive Plan. D. To regularly update the street standards with the concurrence of the public works department. E. To regularly recommend updates to the Spo- kane Regional Stormwater Manual with the con- currence of the public works department. F. To make recommendations concerning pro- posed changes and amendments to zoning regula- tions. G. To issue all right-of-way permits pursuant to SVMC 22.130.100. H. To ensure compliance with Chapter 21.30 SVMC, Floodplain Regulations. I. To coordinate the review of development projects for transportation currency as defined by Chapter 22.20 SVMC. J. To administer the provisions of the building codes adopted by the city council. K. To make recommendations concerning amendments to the adopted building codes. L. To enforce the provisions of SVMC Title 24. M. To enforce the provisions of the nuisance ordinances in conformance with the requirements of Chapter 7.05 SVMC. N. To advise the planning commission and city council where appropriate concerning matters relating to any of the above. (Ord. 09-033 § 2, 2009; Ord. 07-015 § 4, 2007). Chapter 18.40 BUILDING OFFICIAL Sections: 18.40.010 Responsibilities. 18.40.010 Responsibilities. The building official shall have the following responsibilities: A. To review all plans for construction for con- formance with the UDC and to administer the pro- visions of building codes adopted by the city council; B. To make recommendations concerning amendments to the adopted building codes; C. To enforce the provisions of SVMC Title 24, Building Codes; and D. To enforce the provisions of nuisance ordi- nances in conformance with the requirements of Chapter 7.05 SVMC. (Ord. 07-015 § 4, 2007). 18-7 (Revised 2/10) Spokane Valley Municipal Code 18.50.010 Chapter 18.50 PUBLIC WORKS DEPARTMENT Sections: 18.50.010 Responsibilities. 18.50.010 Responsibilities. The public works department shall have the fol- lowing responsibilities: A. To review all street and drainage construc- tion plans for city capital improvement projects to ensure conformance with the applicable provisions of the Spokane Valley Municipal Code (SVMC) and those additional standards adopted by the code. B. To inspect the construction of improvement projects to ensure conformance with the applicable provisions of the SVMC and those additional stan- dards adopted by the code. C. To oversee the planning, design and con- struction of the city capital improvement projects and public infrastructure for conformance with the civil engineering provisions of the SVMC. D. To review and approve projects for transpor- tation concurrency as defined by Chapter 22.20 SVMC and all other tasks set forth in the Model Traffic Code. E. To oversee the storm and surface water util- ity as defined in Chapter 3.80 SVMC and to regu- larly update to the Spokane Regional Stormwater Manual. F. To review, recommend and concur on changes to the street standards. G. To review and make recommendation as needed for all project permits as set forth in Chap- ter 17.80 SVMC. H. To advise the planning commission and city council where appropriate concerning matters relating to any of the above. (Ord. 09-033 § 2, 2009; Ord. 07-015 § 4, 2007). 19-1 (Revised 5/14) Title 19 ZONING REGULATIONS Chapters: 19.10 Authority 19.20 Establishment of Zoning Districts 19.30 Changes and Amendments 19.35 Residential Density Bonus 19.40 District Purpose and Supplemental Use Regulations – Residential Zones 19.50 Planned Residential Developments 19.60 District Purpose and Supplemental Use Regulations – Commercial, Office and Mixed Use Zones 19.70 District Purpose and Supplemental Use Regulations – Industrial Zones 19.80 Adult Uses 19.85 Marijuana Uses 19.90 Essential Public Facilities (EPFs) 19.100 Historic Preservation 19.110 Special Overlay Zones 19.120 Permitted and Accessory Uses 19.130 Site Plan Review 19.140 Administrative Exceptions 19.150 Conditional Use Permits 19.160 Temporary Use Permits 19.170 Variances 19-3 (Revised 2/10) Spokane Valley Municipal Code 19.20.020 Chapter 19.10 AUTHORITY Sections: 19.10.010 Adoption authority. 19.10.020 Applicability. 19.10.010 Adoption authority. This title is established pursuant to Section 11, Article XI of the Constitution of the State of Wash- ington, RCW 35.63.080, and Chapter 35A.63 RCW. (Ord. 07-015 § 4, 2007). 19.10.020 Applicability. This section shall govern the occupation, use erection, alteration, removal, demolition or conver- sion of any and all buildings, structures, and land located within the corporate limits of the City of Spokane Valley (herein referred to as the “City”). (Ord. 07-015 § 4, 2007). Chapter 19.20 ESTABLISHMENT OF ZONING DISTRICTS Sections: 19.20.010 Zoning districts. 19.20.020 Zoning district map. 19.20.030 Zoning district boundary considerations. 19.20.040 Newly annexed territory. 19.20.050 New and unlisted uses. 19.20.060 Nonconforming uses and structures. 19.20.010 Zoning districts. The City has established the following zoning districts: (Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007). 19.20.020 Zoning district map. The boundaries of the zoning districts estab- lished herein are delineated upon the official zon- ing map of the City adopted as part of this code as if contained herein. R-1 Single-Family Residential Estate District R-2 Single-Family Residential Suburban District R-3 Single-Family Residential District R-4 Single-Family Residential Urban District MF-1 Multifamily Medium Density Residential District MF-2 Multifamily High Density Residential District MUC Mixed Use Center District CMU Corridor Mixed Use District CC City Center District GO Garden Office District O Office District NC Neighborhood Commercial District C Community Commercial District RC Regional Commercial District I-1 Light Industrial District I-2 Heavy Industrial District P/OS Parks/Open Space 19.20.030 (Revised 2/10)19-4 The official zoning map shall be filed in the office of the city clerk. It shall be the duty of the community development director (director) to update and maintain the official zoning map by entering any changes that the city council (council) may approve. (Ord. 07-015 § 4, 2007). 19.20.030 Zoning district boundary considerations. In determining the boundaries of any zoning dis- trict the following rules shall apply: A. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines; B. Boundaries indicated as approximately fol- lowing platted lot lines shall be construed as fol- lowing such lot lines; C. Whenever any street, alley or other public way is vacated by official action of the council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended dis- tricts; D. Where the streets or alleys on the ground dif- fer from the streets or alleys as shown on the zon- ing map, the streets or alleys on the ground shall control; E. Boundaries indicated as approximately fol- lowing City limits shall be construed as following City limits; F. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines; G. Boundaries indicated as following the cen- terline of all creeks, streams or drainage ways shall be construed to follow such centerline; H. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; and I. The zoning classification applied to a tract of land adjacent to the street shall extend to the cen- terline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the appli- cation of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. (Ord. 07-015 § 4, 2007). 19.20.040 Newly annexed territory. Upon annexation of property, in the absence of a pre-established zoning designation therefor, the council shall, within the annexation ordinance, establish an interim classification for the property on the City’s official zoning map. The interim zone shall be consistent with the annexation area’s Com- prehensive Plan designation. If an interim zoning district is established, it shall be in place no longer than 12 months unless otherwise provided by ordinance. The process for establishing an interim zoning district shall meet the requirements of RCW 36.70.795. For all prop- erty classified in the interim zone, the department shall commence all steps necessary to establish an official zoning classification pursuant to the proce- dure described in SVMC 17.80.140. (Ord. 07-015 § 4, 2007). 19.20.050 New and unlisted uses. New types of land use and forms of land use not anticipated by this title may seek to locate in the City. In order to provide for such changes and con- tingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: A. The director shall have the discretion to interpret the appropriate zone classification of any new or unlisted form of land use if the new or unlisted form of land use resembles an identified permitted or conditional use in terms of intensity or character and is consistent with the purpose of the code and one or more of the identified zoning clas- sifications; B. The director may solicit the opinion of the planning commission (commission) if the use can- not be administratively interpreted. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves inhab- itation, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, traffic generation, the amount of noise, odor, fumes, dust, toxic material and vibra- tion likely to be generated and the general require- ments for public utilities such as water and sanitary sewer; C. The commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the var- ious districts and determine the zoning district or districts where such use should be permitted. Pro- posed changes in the schedule of permitted uses for 19-5 (Revised 3/11) Spokane Valley Municipal Code 19.20.060 any new or unlisted uses shall be transmitted to the council following notice and hearing; D. The council shall, by ordinance, approve, modify, or deny the recommendation of the com- mission. (Ord. 07-015 § 4, 2007). 19.20.060 Nonconforming uses and structures. A. Applicability. 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 shall be deemed a nonconforming use if it was in existence and in continuous and lawful operation prior to the adoption of these regulations; 2. Any permanent structure in existence and lawfully constructed at the time of any amendment to this code, which by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use; 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. The provisions of this chapter do not apply to structures or uses deemed nonconforming only pursuant to the Shoreline Management Act (Chap- ter 90.58 RCW) and the Spokane Valley Shoreline Master Program (Chapter 21.50 SVMC); 5. Existing legally established single-family residential uses located in any nonresidential zon- ing district shall not be deemed nonconforming and shall be permitted as a legal use. B. Continuing Lawful Use of Property. 1. The lawful use of land at the time of pas- sage of this code, or any amendments hereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months. The right to continue the nonconforming use shall inure to all successive interests in the property. It is specifically provided, however, that any noncon- forming 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. Discontinuance of a nonconforming use shall commence on the actual act or date of discon- tinuance. 2. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use. 3. A nonconforming use which has not been abandoned or discontinued may be replaced with the following: a. A conforming use; b. Another nonconforming use; provided, that the new use is not less conforming than the prior use. This determination will be made by the director based on the NAICS codes; c. The proposed use places no greater demand on transportation and other public facili- ties than the original use; or d. The proposed use does not adversely affect or interfere with the use of neighboring prop- erty. 4. A nonconforming use in the residential zones, R-1, R-2, R-3, R-4, MF and MF-2 zones, may be expanded only within the boundaries of the original lot or tract and any adjacent lot or tract that was under the same ownership as the lot or tract at the time the use on the original lot or tract became nonconforming, if: a. The expanded use does not degrade the transportation level of service greater than the orig- inal use; and b. The expanded use does not adversely affect or interfere with the use of neighboring prop- erty; and c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporane- ously with the transfer of ownership of the lot or tract on which the nonconforming use is located as part of a single transaction; and d. The expansion does not create addi- tional development opportunities on adjacent tracts that would not otherwise exist. 5. A nonconforming use in the commercial and industrial zones, MUC, CMU, CC, GO, O, NC, C, RC, I-1 and I-2 zones may be expanded only within the boundaries of the original lot or tract and any lot or tract immediately adjacent and contigu- ous to the original lot or tract, if: a. The original lot or tract and the “expan- sion” lot or tract are in the same zone classification; and b. The property adjacent to the “expan- sion” tract or lot is within one of the commercial or industrial zones listed above; and c. The expanded use does not degrade the transportation level of service greater than the orig- inal use; and d. The expanded use does not adversely affect or interfere with the use of neighboring prop- erty; and e. The expansion does not create addi- tional development opportunities on adjacent tracts that would not otherwise exist. 6. Residential lots made nonconforming rel- ative to lot size, lot depth, setbacks and width shall 19.20.060 (Revised 3/11)19-6 be deemed in conformance with this code, as long as the use of the lot is allowed in the respective dis- trict. 7. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to current standards shall not be consid- ered as nonconforming. 8. Any nonconforming use damaged by fire, flood, neglect or act of nature may be replaced if: a. Restoration of the use is initiated within 12 months; and b. The damage represents less than 80 per- cent of market value. 9. Any nonconforming use changed to a con- forming use shall not be permitted to convert to a nonconforming use. C. Nonconforming Structures. Expansion of a nonconforming structure is allowed in accordance with the following: 1. The expansion or alteration does not change the occupancy classification under adopted building codes; 2. The expansion or alteration does not cre- ate additional nonconformity with respect to build- ing setbacks or lot coverage; additions to nonconforming structures must meet setbacks as required by the zoning district; 3. The number of dwelling units in a noncon- forming residential structure does not increase so as to exceed the number of dwelling units permit- ted within current regulations; 4. Off-street loading and/or parking, storm- water detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions; and 5. Any nonconforming structure damaged by fire, flood, neglect or act of God may be replaced if: a. Restoration of the structure is initiated within 12 months; and b. The damage represents less than 80 per- cent of market value of the structure. D. Completion of Permanent Structures. Noth- ing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved by the City or Spo- kane County prior to incorporation of the City before the effective date of this code, nor shall any building or structure for which a substantially com- plete application for a building permit was accepted by the building official on or before the effective date of these regulations; provided, that the building permit shall comply with all applica- ble regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of these regulations. (Ord. 10-023 § 2, 2010; Ord. 10-016 § 1, 2010; Ord. 09-036 § 1, 2009; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 19.30.015 19-6.1 (Revised 3/12) Chapter 19.30 CHANGES AND AMENDMENTS Sections: 19.30.010 Comprehensive Plan text and map amendments. 19.30.015 Development agreements associated with a Comprehensive Plan amendment. 19.30.020 Area-wide rezones. 19.30.030 Site-specific zoning map amendments. 19.30.040 Development regulation text amendments. 19.30.010 Comprehensive Plan text and map amendments. Pursuant to RCW 36.70A.130(2)(a), proposed updates to the Comprehensive Plan will be pro- cessed only once a year except for the adoption of original subarea plans, amendments to the shore- line master program, the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 12-007 § 1, 2012; Ord. 10-004 § 3, 2010; Ord. 07-015 § 4, 2007). 19.30.015 Development agreements associated with a Comprehensive Plan amendment. A. Pursuant to RCW 36.70B.170 through 36.70B.210, the City may enter into a development agreement with a person having ownership or con- trol of real property within its jurisdiction as part of a Comprehensive Plan amendment and associated rezone. A development agreement and subsequent rezone shall be consistent with applicable develop- ment regulations set forth in the UDC, SVMC Titles 17 through 24. B. Development agreements associated with a Comprehensive Plan amendment are classified as Type IV development applications and shall be processed in compliance with the Comprehensive Plan amendment and the regulations of RCW 36.70B.170 through 36.70B.210. C. Development agreements associated with a comprehensive plan amendment and subsequent rezone may be used at the city council’s discretion. Development agreements may be used to place restrictions on a proposed amendment to minimize the impacts of future development. D. Development Agreement Contents. For the purpose of this section, development standards may include, but are not limited to, the following: 1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any appli- cable provisions of state law, any reimbursement provision, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development condi- tions, and other requirements under Chapter 43.21C RCW; 4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Affordable housing; 6. Parks and open space preservation; 7. Phasing; 8. Review procedures and standards for implementing decisions; 9. A build-out or vesting period for applica- ble standards; and 10. Any other appropriate development requirement procedure. E. The final decision authority for approval of the development agreement and development plan shall be the city council as set forth in SVMC 17.80.060(D). F. The decision of the city council on a devel- opment agreement and plan in conjunction with a Comprehensive Plan amendment and subsequent zoning change is the final decision of the City and may be appealed pursuant to Chapter 36.70C RCW. G. A development agreement shall be recorded with the Spokane County auditor at the applicant’s expense. During the term of the development agreement, the agreement is binding on the parties and their successors. H. The City will process and decide upon an application for an amendment as if it were an appli- cation for a new development agreement in a man- ner set forth above unless it is deemed a minor modification as set forth in subsection I of this sec- tion. 19.30.020 (Revised 3/12)19-6.2 I. Modifications of Development Plan. 1. The director of community development may approve minor modifications to the develop- ment plan pursuant to SVMC 17.80.030. 2. Criteria for approving minor modifica- tions include but are not limited to the following: a. Shall conform to the terms of the devel- opment agreement; b. Shall not reduce landscaping, buffer- ing, or open space areas; c. Shall not reduce setback requirements; d. Shall not result in an increase in height of any structure; e. Shall not result in a change in ingress or egress; f. Shall not increase any adverse impacts or undesirable effects; g. Shall not significantly alter the project. (Ord. 10-004 § 3, 2010). 19.30.020 Area-wide rezones. Area-wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. Area-wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007). 19.30.030 Site-specific zoning map amendments. A. Site-specific zoning map amendment requests may be submitted at any time. Site-spe- cific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B. All site-specific zoning map amendment requests must meet all of the following criteria: 1. The requirements of Chapter 22.20 SVMC, Concurrency; 2. The requested map amendment is consis- tent with the Comprehensive Plan; 3. The map amendment bears a substantial relation to the public health, safety and welfare; 19-7 (Revised 2/10) Spokane Valley Municipal Code 19.35.040 4. The map amendment is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the sub- ject property; 5. Property is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same or higher zoning classification; 6. The map amendment will not be materi- ally detrimental to uses or property in the immedi- ate vicinity of the subject property; 7. The map amendment has merit and value for the community as a whole. (Ord. 08-026 § 2, 2008; Ord. 07-015 § 4, 2007). 19.30.040 Development regulation text amendments. Requests to amend the text of the City’s devel- opment regulations may be submitted at any time. Text amendments are classified as Type IV devel- opment applications and shall be processed pursu- ant to SVMC 17.80.150. (Ord. 07-015 § 4, 2007). Chapter 19.35 RESIDENTIAL DENSITY BONUS Sections: 19.35.010 Purpose. 19.35.020 General. 19.35.030 Applicability. 19.35.040 Density calculations. 19.35.050 Development standards. 19.35.060 Siting. 19.35.070 Approval. 19.35.080 Affordability agreement. 19.35.010 Purpose. The purpose of this chapter is to provide density incentives to residential developments to help achieve consistency with the Growth Management Act, the City’s Comprehensive Plan, and county- wide planning policies for Spokane County. (Ord. 09-032 § 1, 2009). 19.35.020 General. The provisions of this chapter are available, at the sole discretion of the property owner, as incen- tives to encourage construction of housing afford- able to low- and moderate-income households for new multifamily developments. In exchange for residential density bonuses, the applicant is required to provide a well-designed project with additional amenities contributing to the quality of life for the residents. (Ord. 09-032 § 1, 2009). 19.35.030 Applicability. This chapter applies to MF-1, MF-2, CMU, MU, MUA, CC, and CB district zones. Development incorporating an affordable housing component may increase the dwelling unit density in the underlying zone pursuant to SVMC 19.35.040, rounded to the nearest whole number in accordance with SVMC 19.35.040; provided, that required amenities and site design criteria are met. If the density bonus results in an odd number of housing units, the odd unit must be applied as an affordable unit. Projects must be a minimum of 20 units to be eligible for a residential density bonus. (Ord. 09- 032 § 1, 2009). 19.35.040 Density calculations. A. New multifamily or mixed-use projects may provide affordable units as part of the project. One bonus market rate unit is permitted for each afford- able unit based on the following criteria: 19.35.050 (Revised 2/10)19-8 1. Affordable housing units provided to fam- ilies whose income is at or below 40 percent of median income may increase the underlying base density by 40 percent. 2. Affordable housing units provided to fam- ilies whose income is at or below 50 percent of median income may increase the underlying base density by 30 percent. 3. Affordable housing units provided to fam- ilies whose income is at or below 60 percent of median income may increase the underlying base density by 20 percent. 4. Affordable housing developments may increase the underlying base density an additional 10 percent by providing one of the following: a. LEED certification or equivalent. b. Alternative energy. c. Covered bus shelter. d. Underground parking. e. Other amenities determined by the director to provide comparative benefits. 5. Affordable housing developments may also increase their density by providing additional amenities in the required usable open space: a. Benches and fountain – an additional increase of density up to five percent. b. Playground apparatus – an additional increase in density up to 10 percent. c. Sport court – an additional increase in density up to 10 percent. d. Indoor recreational facility – an addi- tional increase in density up to 20 percent. e. Other amenities determined by the director to provide comparative design benefits – additional increase shall not exceed 10 percent. 6. Notwithstanding subsections (A)(5)(a) through (e) of this section, overall density of a project cannot increase by more than 60 percent of the underlying zone rounded to next whole num- ber. (Ord. 09-032 § 1, 2009). 19.35.050 Development standards. A. The director may allow the maximum build- ing height to be exceeded by not more than 25 per- cent pursuant to Chapter 19.140 SVMC. B. The director may allow exceptions to yard setback requirements where the deviation is for 10 percent or less of the required yard pursuant to Chapter 19.140 SVMC. C. In addition to the open space requirements of SVMC 19.40.020, developments receiving a den- sity bonus under this chapter shall provide an addi- tional five percent open space (total of 15 percent) to accommodate the additional residents associated with the residential density bonus. D. Site Design Criteria. All developments under this provision shall be subject to the follow- ing site design criteria. 1. Natural amenities such as views, signifi- cant or unique trees, or grouping of trees, creeks, riparian corridors, and similar features unique to the site shall be incorporated into the design. 2. Emphasize, rather than obscure, natural topography. Buildings shall be designed to “step up” or “step down” hillsides to accommodate sig- nificant changes in elevation. 3. Projects shall have design continuity by using similar elements throughout the project such as architectural style and features, materials, col- ors, and textures. 4. Placement of physical features such as play equipment shall be in visible locations to max- imize the ability to be seen, and therefore creating a safe environment that discourages crime. 5. Parking structures shall be architecturally consistent with exterior architectural elements of the primary structure(s), including rooflines, facade design, and finish materials. 6. Pedestrian pathways and pedestrian areas shall be delineated by separate paved routes using a variation in paved texture and color, and pro- tected from abutting vehicle circulation areas with landscaping or other methods. (Ord. 09-032 § 1, 2009). 19.35.060 Siting. The affordable units constructed under the pro- visions of this chapter shall be included within the parcel of land for which the density bonus is granted. (Ord. 09-032 § 1, 2009). 19.35.070 Approval. Prior to the issuance of any permit(s), the City shall review and approve the location and unit mix of the affordable housing units consistent with the above standards as well as the following standards: A. If the affordable housing development has both affordable and market rate units, the afford- able units shall be floating units. A “floating” des- ignation provides the flexibility to maintain a certain number of affordable units throughout the required period, allowing the specific units to vary with availability. The floating units ensure that affordable units are indistinguishable from and interchangeable with market-rate units; B. The design and appearance of affordable housing units shall be compatible with the total Spokane Valley Municipal Code 19.40.010 19-9 (Revised 2/15) housing development and be consistent with design criteria outlined in SVMC 19.35.050(D); C. Affordable housing units shall have an equivalent bedroom mix consistent with the total housing development; except that the developer may include a higher proportion of affordable housing units with more bedrooms. (Ord. 09-032 § 1, 2009). 19.35.080 Affordability agreement. Prior to issuing a certificate of occupancy, an agreement in a form acceptable to the City that ensures compliance with the provisions of this chapter shall be recorded with the Spokane County auditor’s office. This agreement shall be a cove- nant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. Affordable housing units that are provided under this chapter shall remain as affordable for the life of the project for rental affordable housing units. (Ord. 09-032 § 1, 2009). Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS – RESIDENTIAL ZONES Sections: 19.40.010 General provisions. 19.40.020 Residential standards. 19.40.030 R-1 – Single-Family Residential Estate district. 19.40.040 R-2 – Single-Family Residential Suburban district. 19.40.050 R-3 – Single-Family Residential district. 19.40.060 R-4 – Single-Family Residential Urban district. 19.40.070 MF-1 – Medium Density Multifamily Residential district. 19.40.080 MF-2 – High Density Multifamily Residential district. 19.40.090 Residential accessory uses and structures. 19.40.100 Accessory dwelling unit (ADU). 19.40.110 Other accessory structures. 19.40.120 Manufactured homes on individual lots. 19.40.130 Manufactured home parks. 19.40.140 Home occupations. 19.40.150 Animal raising and keeping. 19.40.010 General provisions. A. No principal or accessory structure shall be located within the clearview triangle (Chapter 22.70 SVMC). B. In the districts where the height of buildings is restricted to 35 feet, cooling towers, roof gables, chimneys and vent stacks may extend for an addi- tional height, not to exceed 40 feet, above the aver- age grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements; provided, that one additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. C. No structure may be erected to a height in excess of that permitted by applicable airport haz- ard zoning regulations. D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any res- idential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of 19.40.020 (Revised 2/15)19-10 a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. E. Cargo shipping containers and similar enclo- sures are not a permitted accessory structure in any residential zone. F. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor fea- tures of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, and uncovered decks or balconies, may extend into a required set- back up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. Wheelchair ramps are allowed to project into the setback based on SVMC Title 24, Building Codes. Attached mechanical equipment such as heat pumps, air con- ditioners, emergency generators and water pumps are allowed to project into the side or rear setback only. G. Public utility transmission facility shall comply with the following conditions: 1. The utility company shall secure the nec- essary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; 2. All support structures for electric trans- mission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. H. The following design standards apply to all outdoor lighting in residential zones: 1. All new development shall provide light- ing within parking lots, along pedestrian walkways and accessible routes of travel. 2. Lighting fixtures shall be limited to heights of no more than 24 feet for parking lots and no more than 16 feet for pedestrian walkways. 3. All lighting shall be shielded from produc- ing off-site glare, either through exterior shields or through optical design inside the fixture, and shall not emit light above 90 degrees. 4. Street lighting installed by the City of Spokane Valley or other public utilities is exempt from these regulations. (Ord. 14-017 § 3, 2014; Ord. 09-036 § 2, 2009; Ord. 09-031 § 1, 2009; Ord. 09-017 § 1, 2009; Ord. 08-026 § 4, 2008; Ord. 08- 006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.020 Residential standards. A. Residential development shall meet the min- imum area and setback requirements and maxi- mum lot coverage and building height requirements shown in Table 19.40-1. Spokane Valley Municipal Code 19.40.020 19-11 (Revised 3/13) 1. In zero lot line developments approved as part of a planned residential development, zero set- backs along one side are allowed, provided a two- foot maintenance easement is recorded as part of the subdivision plat. a. Attached single-family dwellings, including duplexes and townhouses located on individual lots, shall meet minimum rear, front and side yard requirements (where applicable), mini- mum area requirements, and maximum lot cover- age and building height requirements shown in Table 19.40-1. Townhouses are subject to the fol- lowing requirements: i. No more than six dwelling units shall be attached in one continuous row or group; ii. No townhouse unit shall be con- structed above another townhouse unit; iii. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet; iv. Townhouses included in a condo- minium development may limit the lot to the build- ing footprint; provided, that the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. B. All residential driveways and off-street parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks or other equiva- lent hard surface material. C. Front Yard. 1. Front and side yards in residential zones adjacent to public or private streets shall be set back in accordance with Table 19.40-1. The set- back shall be measured from the property line unless a border easement has been established on Table 19.40-1 – Residential Zone Dimensional Standards (In Feet) R-1 R-2 R-3 R-4 MF-1 MF-2 PRD MinimumSingle-Family Lot Area/Dwelling Unit 40,000 10,000 7,500 6,000 3,600 2,000 Underlying zone Duplex Lot Area/Dwelling Unit 6,000 5,000 Lot Width 80 80 65 (4)50 45 20 30 Lot Depth 100 90 90 80 80 80 50 Front and Flanking Street Yard Setback (2)(3)35 15 15 15 15 15 15 Garage Setback (2)(3)35 20 20 20 20 20 20 Rear Yard Setback (1)(3)20 20 20 20 10 10 15 Side Yard Setback (1)(3)555555 5 Open Space 10% gross area MaximumLot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% Building Height (In Feet) 353535354050 Underlying zone (1)No accessory structure shall be located in the front or flanking street yard, and shall be set back not less than five feet from any side or rear yard. (2)Attached garages, where the garage door does not face the street, may have the same setback as the principal structure. (3)Setbacks, when adjacent to a private road or driveway easement, are established from the inner edges of the road or driveway and are the same as noted above except the flanking road which would be five feet. (4)Duplex lots in R-3 zones may be a minimum of 60 feet in width. 19.40.030 (Revised 3/13)19-12 the property. In cases where a border easement exists, the setback shall be measured from the bor- der easement. 2. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. 3. Every part of a required yard shall be open and unobstructed except for permitted accessory structures, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not more than 12 inches and roof eaves projecting not more than 24 inches. 4. No supporting member of any garage, car- port or other automobile storage structure shall be located within the required front yard or within the required yard on a flanking street. D. Side and Rear Yards. No accessory building or structure may be erected within five feet of any rear or side property line, or be located within any public or private easement. E. Required open space shall be accessible to all residential units and shall be suitable for active and passive recreational purposes, subject to the following: 1. Open space shall not include required yards, parking areas, required landscaped areas or required spacing between structures; 2. The amount of open space may be reduced by up to 25 percent where at least two of the fol- lowing amenities are provided: a. Play or sports courts; b. Playgrounds with equipment; c. Trails or pedestrian walkways not required for access to residential units or parking areas; d. Swimming pools; e. Gazebos; or f. Clubhouses; 3. Where stormwater facilities are of suffi- cient size and designed as amenities, the required open space may be reduced by an additional 25 percent; 4. In no event shall the amount of required open space be reduced by more than 50 percent; 5. Facilities and equipment, for which credit is requested, where provided, shall generally meet all requirements for handicap access. (Ord. 08-026 § 5, 2008; Ord. 07-015 § 4, 2007). 19.40.030 R-1 – Single-Family Residential Estate district. Low density residential development intended to preserve the character of existing development and to allow for a limited number of horses and other large animals, and subject to the dimensional standards of this chapter. (Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007). 19.40.040 R-2 – Single-Family Residential Suburban district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chap- ter. (Ord. 07-015 § 4, 2007). 19.40.050 R-3 – Single-Family Residential district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chap- ter. (Ord. 07-015 § 4, 2007). 19.40.060 R-4 – Single-Family Residential Urban district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chap- ter. (Ord. 07-015 § 4, 2007). 19.40.070 MF-1 – Medium Density Multifamily Residential district. A. The Medium Density Multifamily Residen- tial (MF-1) designation represents an opportunity to provide a range of housing types to accommo- date anticipated residential growth. The increase in population, decline in average family size, and increased cost of single-family homes have created increased demand for new housing types. Multi- family residential zones with densities not to exceed 12 units per acre should be used as transi- tional zoning between higher intensity land uses such as commercial and office to lower density sin- gle-family neighborhoods. Additionally, medium density residential areas should be located near ser- vices and high capacity transit facilities or transit routes. B. Supplemental Permitted Use Regulations. 1. Multifamily adjacent to single-family res- idential uses or zoning; provided, that: a. A relational height limit to single resi- dential uses or zone is established (see Figure 1, SVMC 19.60.080). i. Where new multifamily development is abutting an adjacent parcel with a single-family use or zone, the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that origi- nates at 25 feet above the applicable property line Spokane Valley Municipal Code 19.40.100 19-13 (Revised 3/13) (creating a one-to-one height-to-setback ratio) to the abutting single-family use or zone. b. The minimum setback from a single- family use or zone shall be 10 feet from property line. (Ord. 12-028 § 3, 2012; Ord. 07-015 § 4, 2007). 19.40.080 MF-2 – High Density Multifamily Residential district. A. The High Density Multifamily Residential (MF-2) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth with densities not to exceed 22 units per acre. Multifamily residential zones should be used as transitional zoning between higher intensity land uses, such as com- mercial and office, to medium and lower density single-family neighborhoods. High density resi- dential areas should be located near services and high capacity transit facilities or transit routes. B. Supplemental Permitted Use Regulations. 1. Multifamily adjacent to single-family res- idential uses or zoning; provided, that: a. A relational height limit to single resi- dential uses or zone is established (see Figure 1, SVMC 19.60.080). i. Where new multifamily development is abutting an adjacent parcel with a single-family use or zone, the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that origi- nates at 25 feet above the applicable property line (creating a one-to-one height-to-setback ratio) to the abutting single-family use or zone. b. The minimum setback from a single- family use or zone shall be 10 feet from property line. (Ord. 12-028 § 3, 2012; Ord. 07-015 § 4, 2007). 19.40.090 Residential accessory uses and structures. A. Except for the air conditioning compressors of detached single-family residential, cooling tow- ers and similar accessory structures are required to observe all front, side or rear yards. B. The combined building footprint of all accessory permanent structures in residential zon- ing districts shall not exceed 10 percent of the lot area. C. The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. (Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.100 Accessory dwelling unit (ADU). Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwell- ing unit. A detached ADU is a freestanding acces- sory dwelling unit that is not attached or physically connected to the principal dwelling unit. A. Purpose and Intent. 1. To increase the supply of affordable hous- ing units and encourage housing diversity through better use of the existing housing stock in neigh- borhoods in a manner that is less intense than new development; 2. To make housing units available to mod- erate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or inju- ries, and the homeless who might otherwise have difficulty finding homes within the city that sup- port independent living; 3. To provide residents, particularly seniors, single parents and families with grown children, with a means to remain in their homes and neigh- borhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, com- panionship, security, and services; 4. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and 5. To protect neighborhood stability, prop- erty values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this code. B. Conditions and Limitations. 1. The design and size of the ADU shall con- form to all standards in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; 2. An ADU may be developed in conjunc- tion with either an existing or new residence; 3. One ADU, attached or detached, is allowed per lot as an accessory dwelling unit; 4. The ADU must be a complete, indepen- dent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area; 19.40.110 (Revised 3/13)19-14 6. Home professions shall be allowed only within the principal dwelling unit, not the ADU; 7. The owner, as established by the title- holder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six months or more of the calendar year, and at no time receive rent for the owner- occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the devel- opment standards and criteria outlined in subsec- tion C of this section. C. Development Standards and Criteria. 1. All ADUs, both attached and detached, must meet the following requirements: a. One paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main resi- dence; b. The ADU may not exceed 50 percent of the habitable square footage of the principal dwell- ing unit, nor be less than 300 square feet; c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as a family; d. The ADU shall be a complete, separate housekeeping unit; e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appear- ance when viewed from the front of the street, and only one entrance may be located on the facade of the principal dwelling unit in order to maintain the appearance of a single-family residence; f. The ADU unit shall not have more than two bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the same or visually match the principal dwell- ing unit in the type, size and placement of the fol- lowing: i. Exterior finish materials; ii. Roof pitch; iii. Trim; iv. Windows, in proportion (relation- ship of width to height) and orientation (horizontal or vertical). 2. Additional Development Standards for Detached ADUs. a. Shall be located behind the front build- ing setback line and placed on a permanent founda- tion; b. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established in SVMC 19.40.020, Residential standards; c. Shall not be allowed on lots containing a duplex, multifamily dwelling or accessory apart- ment contained within the principal structure; and d. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks. D. Application Process. 1. Application for an ADU permit shall be made to the department of community develop- ment in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirm- ing that one legal titleholder will live in either dwelling unit, meeting the requirement of owner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County depart- ment of records and elections to indicate the pres- ence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this code; and 4. Cancellation of an ADU’s registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elec- tions, or may occur as a result of an enforcement action. (Ord. 09-036 § 3, 2009; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.110 Other accessory structures. A. Tower, private (ham operator) provided: 1. A building permit for the private tower is obtained from the City, reviewed and approved by the community development department – plan- ning division; 2. The applicant shall furnish a site plan showing the height and location of the private tower; 3. The applicant shall furnish a copy of the tower manufacturer’s construction and erection specifications; 4. The private tower shall be erected in accordance with the manufacturer’s specifications; 5. The applicant shall show the impact area (that area in all directions equal to the tower’s height above grade) completely on his/her prop- erty. Up to one-half of the tower’s impact area in distance may be administratively approved if located on adjacent property pursuant to the admin- istrative exception process contained in Chapter Spokane Valley Municipal Code 19.40.130 19-15 (Revised 2/15) 19.140 SVMC; or, the applicant has secured the appropriate easements for all property within the tower’s impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County auditor with a statement that only the City of Spokane Valley community devel- opment department can remove the recordation; 6. That generally a residence has to be on the same site as the private tower, except for a private repeater facility or remote base operations; and 7. That the height limitation of the zone is not exceeded without approval of a variance or administrative exception as respectively pertains. B. Tower (does not include wireless communi- cations support tower) provided: 1. A conditional use permit pursuant to Chapter 19.150 SVMC is approved; 2. The tower base shall be enclosed by a fence not less than six feet in height with a locking gate; 3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet above the ground; 4. The tower collapse or blade impact area shall lie completely within the applicant’s property or within an adjacent property for which the appli- cant has secured and recorded an easement(s) for all property in the tower’s impact area; and 5. Before issuance of a conditional use per- mit, the applicant shall have demonstrated all the applicable requirements of the Federal Communi- cations Commission, Federal Aviation Adminis- tration and any required avigation easements can be satisfied. (Ord. 07-015 § 4, 2007). 19.40.120 Manufactured homes on individual lots. A. Pursuant to the requirements of RCW 35.21.684, the City does not discriminate against consumers’ choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. B. Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards (as they may be amended) are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard; provided, however, that the man- ufactured home shall: 1. Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load-bearing or decorative; and 2. Comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 3:12, applicable to all other homes within the neighborhood in which the man- ufactured home is to be located; and 3. Be thermally equivalent to the state energy code; and 4. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. C. This section does not override any legally recorded covenants or deed restrictions of record. A “designated manufactured home” is a manu- factured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: 1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; and 2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and 3. Has exterior siding similar in appearance to siding materials commonly used on conven- tional site-built International Building Code sin- gle-family residences. D. An existing single wide manufactured home may be replaced with a new single wide manufac- tured home when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of market value, or removal of existing habitable manufactured home. E. Manufactured homes with dimensional fea- tures that match or closely match the predominant manufactured home type within a manufactured home subdivision may be placed in the manufac- tured home subdivision without regard to the age of the manufactured home. (Ord. 13-007 § 3, 2013; Ord. 13-001 § 3, 2013; Ord. 12-007 § 2, 2012; Ord. 08-026 § 3, 2008; Ord. 07-015 § 4, 2007). 19.40.130 Manufactured home parks. A. Manufactured home parks shall require approval of a binding site plan and site plan review pursuant to SVMC Title 20, Subdivision Regula- tions, and Chapter 19.130 SVMC, Site Plan Review. B. Manufactured home park density shall be consistent with the zoning classification they are located in not to exceed 12 units per acre. A mini- mum of five manufactured home spaces shall be required per park. 19.40.140 (Revised 2/15)19-16 C. Manufactured home parks shall provide not less than 10 percent of the gross area of the park for common open space for the use of its residents. D. Each manufactured home space shall have direct frontage on a public or private street. E. The minimum setbacks shall be pursuant to Table 19.40.130-1. * Greater setback shall control. (Ord. 14-019 § 3, 2014; Ord. 13-001 § 3, 2013; Ord. 07-015 § 4, 2007). 19.40.140 Home occupations. A. Applicability. Any person, group or entity conducting a “for profit” enterprise from a location whose primary use is a residence must obtain a home occupation permit. A home occupation may be established in a residence that has been legally permitted. Businesses may be exempt from the home occupation permit fee, as established by the master fee schedule, if all of the following criteria are met: 1. There are no proposed exterior alterations to the residence or any accessory structure(s) which change the residential character of the prop- erty; 2. Goods and commodities associated with the business are not delivered to the premises; 3. There are no business customers visiting the premises; 4. There are no signs or window displays on the property related to the business; and 5. Any employees engaged in the business must live in the residence (no outside employees). B. Home occupations are permitted as acces- sory uses, except as indicated by subsection C of this section, incidental to the property’s principal use as a residence, subject to the following require- ments: 1. Property shall retain a residential appear- ance and character; 2. All storage shall be enclosed within the residence or accessory structure; 3. There shall be a limit of two employees not residing on the premises engaged in the home occupation; 4. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; 5. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be dis- played outside the building(s); 6. The hours of operation of a home occupa- tion are limited to 7:00 a.m. to 10:00 p.m.; 7. The home occupation use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, tele- phone or television reception, nor generate measur- able levels at the property line of noise, dust, smoke, odor or glare. The home occupation activ- ity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; 8. Loading docks and mechanical loading devices are not permitted; 9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighbor- hood and any need for parking must be accommo- dated within the required off-street parking for the dwelling unit; and 10. Uses which are detrimental to the exist- ing residential appearance and character are not allowed as home occupations. Table 19.40.130-1 Manufactured Home Park Minimum Setbacks (in Feet)* Minimum setback from the property lines of individual in park spaces Minimum setback from the boundary of the manufactured home park Front and Flanking Street Yard Side Yard Rear Yard Side Yard Rear Yard Right-of-Way Manufactured homes 5 5 5 10 10 20 Patio covers, decks, landings, awnings 5555520 Carports 5555520 Spokane Valley Municipal Code 19.40.150 19-16.1 (Revised 2/15) C. Specific uses which are not permitted as home occupations include, but are not limited to, the following: adult retail use establishment, adult bookstore or adult entertainment establishment; auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or ser- vice; small engine repair; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manu- facturing and/or related storage; kennel or stables; wholesale or retail sales; and restaurants/drinking establishments. (Ord. 13-001 § 4, 2013; Ord. 09- 036 § 4, 2009; Ord. 07-015 § 4, 2007). 19.40.150 Animal raising and keeping. Where permitted, the keeping of poultry and livestock (excluding swine and chickens) is subject to the following conditions: A. Minimum Lot Requirements. 1. In residential zones, the lot or tract must exceed 40,000 square feet; 2. In mixed-use zones, on lots or tracts with legally established residential uses that exceed 40,000 square feet; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not less than 75 feet from any habitation; E. No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is lim- ited as follows: 1. Not more than three horses, mules, don- keys, bovines, llamas or alpacas shall be permitted per gross acre; or 2. Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of subsec- tions (F)(1) and (2) of this section; G. Small Animals/Fowl. A maximum of one animal or fowl (excluding chickens), including duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal, may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl; H. In residential areas, the keeping of chickens is subject to the following conditions: 1. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot area, with a maximum of 25 birds allowed; 2. The keeping of roosters is prohibited; 3. Coops, hutches or similar containment structures must be kept a minimum of 20 feet from the front property line, five feet from side and rear property lines, and 15 feet from flanking streets; 4. Coops, hutches or similar containment structures must be kept a minimum of 25 feet from occupied structures on neighboring properties; 5. All chickens must be contained within the subject property.* I. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sani- tary condition. (Ord. 11-006 § 1, 2011; Ord. 11- 004 § 1, 2011; Ord. 07-015 § 4, 2007). * Code reviser’s note: Ordinance 11-006 set out amend- ments to this section without taking amendments from Ordinance 11-004 into the account. This subsec- tion now reads as intended after the amendments of Ordinances 11-004 and 11-006. (Revised 2/15)19-16.2 This page intentionally left blank. 19-17 (Revised 2/10) Spokane Valley Municipal Code 19.50.050 Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Sections: 19.50.010 Purpose. 19.50.020 Where permitted. 19.50.030 Permitted uses. 19.50.040 Relationship of this section to other UDC provisions. 19.50.050 Development standards. 19.50.060 Open space standards. 19.50.070 Administration. 19.50.080 Homeowners’/property owners’ association required. 19.50.010 Purpose. It is the purpose of this chapter to: A. Encourage imaginative design and the cre- ation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of the UDC; B. Preserve or create environmental amenities superior to those generally found in conventional developments; C. Create or preserve usable open space for the enjoyment of the residents; D. Preserve, to the greatest extent possible, the natural characteristics of the land including, but not limited to, topography, natural vegetation, water- ways, and views; E. Encourage development of a variety of hous- ing types; and F. Provide for maximum efficiency in the lay- out of streets, utility networks and other public improvements and infrastructure. (Ord. 07-015 § 4, 2007). 19.50.020 Where permitted. Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. (Ord. 07-015 § 4, 2007). 19.50.030 Permitted uses. The following uses are permitted in a PRD; pro- vided, that they meet the standards and criteria established in this chapter: A. Those uses permitted as a matter of right in the underlying zoning district; B. Residential developments of all types as defined by this chapter; and C. As a secondary use, uses permitted in the neighborhood commercial zoning district may be permitted in a PRD of 10 acres or larger. (Ord. 07- 015 § 4, 2007). 19.50.040 Relationship of this section to other UDC provisions. A. Zoning Requirements. The provisions of this chapter pertaining to land use of the underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits and other dimensional requirements are waived and the regulations for PRDs shall be those indi- cated in SVMC 19.50.050. B. Platting Requirements. A PRD shall be exempt from the specific design requirements of SVMC Title 20, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the subdivision and pro- cedural requirements of SVMC Title 20 and appli- cable state laws pertaining to subdivision and conveyance of land and the preparation of maps shall be followed. C. Public Hearing Required. A PRD shall require a public hearing before the hearing exam- iner consistent with the provisions of Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 19.50.050 Development standards. The following standards shall govern the admin- istration of this chapter: A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize adverse impact of the PRD on adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development char- acteristics on the PRD. B. Site Acreage Minimum. The minimum site shall be five acres. C. Minimum Lot Size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwell- ing units allowed in the proposed PRD based on the gross acreage of the entire development. D. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone, rounded to the nearest whole number; provided, that the open space amenities described in SVMC 19.50.060 are met. 19.50.060 (Revised 2/10)19-18 E. Maximum Coverage. Building coverage and development of the site shall not exceed the per- centage permitted by the underlying zone. F. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural land- scape features which are to be preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the landscaping plan. G. Setback and Side Yard Requirements. 1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compat- ible with those of the existing development of adja- cent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Com- prehensive Plan and/or adopted subarea plans; 2. Setbacks or Side Yards Between Build- ings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Build- ings may have common walls and, therefore, be built to the property line as in townhome construc- tion; however, all buildings must meet applicable building code requirements. H. All streets shall be designed and constructed to public street standards. I. Off-street parking shall be provided in accor- dance with Chapter 22.50 SVMC. J. Secondary Use Limitations. 1. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated; 2. The gross floor area of the commercial use shall not exceed the product of 50 square feet mul- tiplied by the number of dwelling units within the development; 3. Construction of at least 35 percent of the residences in the PRD must be completed before any building permits will be issued for the con- struction of commercial uses, except this shall not prohibit a sales office; and 4. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. (Ord. 09-036 § 5, 2009; Ord. 07-015 § 4, 2007). 19.50.060 Open space standards. Each PRD shall dedicate not less than 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: A. Location. The area proposed for open space shall be entirely within the PRD and within reason- able walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or City parks; provided, that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. B. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Pri- vate or access roads, trees or other landscaping may separate the common open space area. How- ever, access should not be blocked by major obsta- cles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. C. Types of Open Space. 1. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for protecting environ- mentally sensitive areas such as wetlands. 2. Except as provided in subsection (C)(3) or (4) of this section, a minimum of 30 percent of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recre- ation. 3. The community development director determines the amount of required active recre- ation areas pursuant to the criteria set forth in this section. 4. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units. 19-19 (Revised 2/10) Spokane Valley Municipal Code 19.50.060 5. The percentage of active recreational area may be decreased to as low as 15 percent if it is determined that: a. Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdi- vision; or b. Meeting the standard would require detrimental grading or other disturbance of the nat- ural setting. D. Land required for open space shall not include: 1. Accessory buildings, climate-controlled improvements, and areas reserved for the exclusive use and benefit of an individual tenant or owner; 2. Dedicated streets, alleys or public rights- of-way, required landscaped areas, areas required for yard depth or building setback or separation; 3. Vehicular driveways, private streets, park- ing areas, loading or storage areas; or 4. Floodplain (100-year), floodprone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specif- ically approved as being suitable for open space. E. Implementation. The area proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowners’ associ- ation. Maintenance and operation of the dedicated open space shall be the responsibility of the prop- erty owners’ or homeowners’ association. 1. The City may choose to accept dedication, maintenance and operation responsibilities when the common open space area to be dedicated is in the public interest and either one or a combination of the following: a. Greater than 10 acres; b. Adjacent to an established or future City park or school grounds; c. Is an access to a body of water greater than three acres in size; or d. Is an environmentally sensitive area. 2. The dedication shall be identified on the PRD plan. F. Improvements. The following improvements to the area proposed for dedication may be required prior to final approval of the PRD: 1. Removal of construction debris and haz- ards; and 2. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. G. Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedica- tion in this chapter, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the director accord- ing to the following guidelines: 1. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD; 2. The proposed land and improvements must not result in significant disturbance or alter- ation of an environmentally sensitive area, unless otherwise allowed by the City; 3. The proposed land and improvements shall be dedicated in accordance with subsection F of this section. H. Stormwater Detention Facilities. Stormwa- ter detention ponds may be allowed by the City as part of dedicated open space subject to the follow- ing criteria: 1. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity; 2. The side slope of the detention pond shall not exceed 33 percent unless slopes are existing, natural and covered with vegetation; 3. If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition; 4. The detention area shall be landscaped in a manner which is both aesthetic and able to with- stand the inundation expected; 5. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise ren- dered unsuitable or unavailable for recreation use during dry weather; and 6. In the case of joint use of open space for detention and recreation, the homeowners or homeowners’ association shall be responsible for maintenance of the detention facilities. I. Rights and Duties. The owners of open space shall have the following rights which may be exer- cised in respect of such land, subject to restrictive covenants or other restrictions: 19.50.070 (Revised 2/10)19-20 1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of resi- dents of the development and their guests; 2. The right to locate pedestrian paths, bicy- cle paths and bridle paths; 3. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to cor- rect a hazardous condition posing a threat to life or limb; 4. The right to regulate access to or entry on the open space land and duty to maintain such land. (Ord. 09-036 § 5, 2009; Ord. 07-015 § 4, 2007). 19.50.070 Administration. A. Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when, in the opinion of the director, the work to be performed meets the requirements of the final plan and program elements of the PRD. B. Minor and Major Adjustments. 1. Minor adjustments may be made and approved by the director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in neither the final plan, nor the density of the development, nor the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original; 2. Major adjustments are those which, in the opinion of the director, substantially change the basic design, density, open space or other require- ments of the PRD. When, in the opinion of the director, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment. C. Parties Bound. Once the preliminary devel- opment plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PRD, shall be bound by the condi- tions attending the approval of the development and the provisions of this chapter. (Ord. 07-015 § 4, 2007). 19.50.080 Homeowners’/property owners’ association required. In a PRD, a property owners’ or homeowners’ association shall be established for the purpose of ownership, maintenance and management of open spaces, common areas and private roads as required by the provisions of the SVMC. (Ord. 07- 015 § 4, 2007). Spokane Valley Municipal Code 19.60.010 19-21 (Revised 2/15) Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS – COMMERCIAL, OFFICE AND MIXED USE ZONES Sections: 19.60.010 General requirements. 19.60.020 GO, Garden Office district. 19.60.030 O, Office district. 19.60.040 NC, Neighborhood Commercial district. 19.60.050 C, Community Commercial district. 19.60.060 RC, Regional Commercial district. 19.60.070 MUC, Mixed Use Center district. 19.60.080 CMU, Corridor Mixed Use district. 19.60.090 CC, City Center district. 19.60.100 P/OS, Parks/Open Space. 19.60.010 General requirements. A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Residential development shall meet the min- imum residential development standards for the MF-2 zone shown in Table 19.40-1 with the excep- tion that the following setbacks shall apply (Note: Alternate setbacks apply to multifamily adjacent to single-family uses or zoning. See SVMC 19.60.070 and 19.60.080): C. A home occupation may be established in a residence that has been legally permitted, exclud- ing caretaker dwellings. D. Attached and detached accessory dwelling units (ADU) are permitted in all zoning districts that permit single-family dwellings and shall adhere to the appearance of single-family resi- dences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. Accessory dwelling units shall meet all provisions contained in SVMC 19.40.100. E. Recreational vehicles shall not be used as permanent or temporary dwelling units in any Mixed Use or Commercial zone except in manu- factured home parks. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. F. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC. G. New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. H. All outdoor trash, garbage and refuse stor- age areas shall be screened on all sides visible to public views or rights-of-way with a minimum five-and-one-half-foot-high concrete block or masonry wall or sight-obscuring fence with a sight- obscuring gate and two feet of Type II landscaping in accordance with Figure 22.70-8. I. The following structures may be erected above the height limits of this code in the Office, Commercial, and Mixed Use zones, provided: (1) the structure is accessory to or part of a building which is a permitted use in the zone; (2) the struc- ture complies with the height limits in the Airport Overlay zone; and (3) no residential use of the structure shall occur above the height limits pre- scribed in the zone: 1. Penthouses or roof structures for the hous- ing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. 2. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. 3. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manu- facturing process which utilizes vertical processing and storage of materials. 4. Water stand pipes and tanks. J. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor fea- tures of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps Front yard setback: 20 feet Rear yard setback: 10 feet Side yard setback: 5 feet Side yard – Flanking street setback: 20 feet Residential use adjacent to a nonresidential use: Side yard (without living space window): 5 feet Side yard (with living space window): 10 feet 19.60.020 (Revised 2/15)19-22 and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. 2. Full Projections Allowed. In addition to subsection (J)(1) of this section, the following fea- tures are allowed to project farther into the required structure setback: a. Canopies, marquees, awnings and sim- ilar features may fully extend into a street setback and may extend into the public right-of-way sub- ject to the requirements of the building code and adopted street standards. b. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-facing facade of a building may fully extend into a street setback. c. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. d. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. e. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. f. Attached mechanical equipment such as heat pumps, air conditioners, emergency genera- tors and water pumps are allowed to project into the side or rear yard setback only. K. Mobile food vendors with permission of the property owner, health certificate and permit. L. Public utility transmission facility shall com- ply with the following conditions: 1. The utility company shall secure the nec- essary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; 2. All support structures for electric trans- mission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. (Ord. 14-017 § 4, 2014; Ord. 14-010 § 3, 2014; Ord. 13-003 § 3 (Exh. A), 2013; Ord. 13-001 § 5, 2013; Ord. 09-017 § 1, 2009; Ord. 08-026 § 6, 2008; Ord. 08-017 § 1, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.020 GO, Garden Office district. A. The Garden Office designation is intended primarily for low-rise office development with limited retail or commercial uses. Retail and com- mercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Garden Office uses provide a buffer between residential uses and commercial uses. Primary uses including Table 19.60-1 – Commercial Development Standards Office Commercial Mixed Use Industrial GO O NC **CRC CC *CMU*MUC*I-1 I-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential Use 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential Zone 20 20 20 20 20 20 20 20 20 35 Maximum Building Height (in feet) 45 100 35 35 100 Unlimited 50 60 40 65 * Except as otherwise required** Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 Spokane Valley Municipal Code 19.60.050 19-22.1 (Revised 2/15) medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this Comprehensive Plan category. B. Supplemental Permitted Use Regulations. 1. Convenience Store. a. Exterior loudspeakers, public address systems or similar audio equipment shall not be permitted; and b. The proposed location shall be directly adjacent to at least a principal or minor arterial street or collector street. 2. Dwelling units shall be allowed only in a building or structure with nonresidential on the entire ground floor. Parking for residents must be reserved and clearly marked, except housing pro- vided as part of an institutional “continuum of care” concept to encourage independent living. 3. Traffic from the proposed use on a side street shall be directed to the nearest arterial or col- lector street and shall not be routed through an adjoining neighborhood. (Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007). 19.60.030 O, Office district. The Office designation is intended primarily for medium- to high-rise office development with lim- ited retail or commercial uses. Retail and commer- cial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Primary uses including medical and dental facilities, educa- tion services, insurance, real estate, financial insti- tutions, design firms, and legal services are representative of this Comprehensive Plan cate- gory. (Ord. 07-015 § 4, 2007). 19.60.040 NC, Neighborhood Commercial district. A. The Neighborhood Commercial designation is intended to provide a limited number of com- mercial goods and services to surrounding residen- tial neighborhoods. B. Supplemental Permitted Use Regulations. 1. Animal clinic/veterinary limited to small animals. 2. Car wash limited to a single bay. 3. Grocery or specialty food store limited to no more than 25,000 square feet of net retail space. 4. Below ground storage of fuel incidental to retail sales only. 5. All storage shall be within an enclosed building, except that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drain- age swale or easement, clearview triangle, or pub- lic right-of-way. 6. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant. (Ord. 14-017 § 4, 2014; Ord. 09-017 § 1, 2009; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.050 C, Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office estab- lishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commer- cial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amend- ments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. Outdoor storage shall be located between the property line and the rear side of the building. Screening pursuant to SVMC 22.70.030(B) shall 19.60.060 (Revised 2/15)19-22.2 be provided for the portions of the outdoor storage which are visible from public right-of-way. The following are exempted from these requirements: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. b. Vehicles, machinery or other similar items normally displayed for sale, lease, or rent may be displayed outdoors if these items are in working condition and not placed within border easements or public right-of-way. 4. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an exist- ing arterial or state highway and access will be lim- ited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or pro- cessed on site. (Ord. 14-017 § 4, 2014; Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.060 RC, Regional Commercial district. A. The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality, mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custo- dial, maintenance, management or security of a commercial property. 2. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1); except that no screening is required for the following: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle or public right-of-way. b. Vehicles, machinery and other similar items normally displayed for sale, lease or rent may be displayed if these items are in working condi- tion and not placed within border easements or public right-of-way. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant. 4. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an exist- ing arterial or state highway and access will be lim- ited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or pro- cessed on site. (Ord. 14-017 § 4, 2014; Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.070 MUC, Mixed Use Center district. A. The Mixed Use Center designation allows two or more uses on a site that can either be verti- cally or horizontally mixed and includes employ- ment, lodging, and retail along with higher density residential uses. B. Supplemental Permitted Use Regulations. 1. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1); except that no screening is required for the following: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC Spokane Valley Municipal Code 19.60.080 19-22.3 (Revised 2/15) 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant. 5. Multifamily adjacent to single-family res- idential uses or zoning; provided, that: a. A relational height limit to single resi- dential uses or zone is established (see Figure 1, SVMC 19.60.080). i. Where new multifamily development is abutting an adjacent parcel with a single-family use or zone, the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that origi- nates at 25 feet above the applicable property line (creating a one-to-one height-to-setback ratio) to the abutting single-family use or zone. b. The minimum setback from a single- family use or zone shall be 10 feet from property line. (Ord. 14-017 § 4, 2014; Ord. 12-028 § 3, 2012; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.080 CMU, Corridor Mixed Use district. A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. 1. The outdoor storage requirements pursu- ant to SVMC 19.60.060(B)(2) shall apply to the CMU district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant. 5. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an exist- ing arterial or state highway and access will be lim- ited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or pro- cessed on site. 6. Animal shelter(s) shall comply with the following provisions: a. No outside runs allowed; b. Human supervision must occur in any outdoor areas; 19.60.090 (Revised 2/15)19-22.4 c. Located along an arterial; d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the appli- cant; and e. Comply with all standards of SVMC Title 22. 7. Multifamily adjacent to single-family res- idential uses or zoning; provided, that: a. A relational height limit to single resi- dential uses or zone is established (see Figure 1). i. Where new multifamily development is abutting an adjacent parcel with a single-family use or zone, the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that origi- nates at 25 feet above the applicable property line (creating a one-to-one height-to-setback ratio) to the abutting single-family use or zone. b. The minimum setback from a single- family use or zone shall be 10 feet from property line. (Ord. 14-017 § 4, 2014; Ord. 12-028 § 3, 2012; Ord. 12-021 § 3, 2012; Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.090 CC, City Center district. Reserved. (Ord. 07-015 § 4, 2007). 19.60.100 P/OS, Parks/Open Space. The Parks/Open Space designation is intended to protect parks, open space and other natural phys- ical assets of the community. (Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007). Chapter 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS – INDUSTRIAL ZONES Sections: 19.70.010 I-1, Light Industrial district. 19.70.020 I-2, Heavy Industrial district. 19.70.010 I-1, Light Industrial district. A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact indus- tries. Light Industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1) when adjacent to a residential or commercial zoning district; except that no screen- ing is required for the following: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. b. Vehicles, machinery or other items nor- mally displayed for sale, lease, or rent may be dis- played outdoors if these items are in working condition and not placed within border easements or public right-of-way. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permis- sion of the property owner, health certificate and permit. 3. Setbacks. a. Front and flanking street yard setbacks shall be 20 feet; and b. Side and rear yard setbacks of 35 feet are required only adjacent to residential zoning dis- tricts. 4. The following structures may be erected above the height limits of this code, provided: (a) the structure is accessory to or part of a building which is a permitted use in the zone; (b) the struc- ture complies with the height limits in the Airport Overlay zone; and (c) no residential use of the Spokane Valley Municipal Code 19.70.010 19-22.5 (Revised 2/15) structure shall occur above the height limits pre- scribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flag- poles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical pro- cessing and storage of materials. d. Water stand pipes and tanks. 5. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive por- tions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed sur- facing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 6. The following features attached to struc- tures are allowed as exceptions to the setback stan- dards: a. Minor Projections Allowed. Minor fea- tures of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(6)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street set- back and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheel- chair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average side- walk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. 7. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric trans- mission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscap- ing, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 8. The following shall apply to all second- hand stores and consignment sales: a. The subject parcel must have frontage on an arterial; and b. Minimum building size of 15,000 gross square feet (gsf); and c. Limited to a single tenant. 9. A home occupation may be established in a residence that has been legally permitted, exclud- ing caretaker dwellings. 10. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. (Ord. 14-017 § 5, 2014; Ord. 14-010 § 4, 2014; Ord. 13-001 § 6, 2013; Ord. 10-005 § 1, 2010; Ord. 09-017 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 08-026 § 7, 2008; Ord. 08-017 § 1, 2008; Ord. 07-015 § 4, 2007). 19.70.020 (Revised 2/15)19-22.6 19.70.020 I-2, Heavy Industrial district. A. Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabrication, assembly, freight handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts. B. Supplemental Regulations. 1. I-2 allows any use permitted in the I-1 zoning district, except as specifically provided in SVMC 19.120.050. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permis- sion of the property owner, health certificate and permit. 3. The following structures may be erected above the height limits of this code, provided: (a) the structure is accessory to or part of a building which is a permitted use in the zone; (b) the struc- ture complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits pre- scribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flag- poles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical pro- cessing and storage of materials. d. Water stand pipes and tanks. 4. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive por- tions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed sur- facing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 5. The following features attached to struc- tures are allowed as exceptions to the setback stan- dards: a. Minor Projections Allowed. Minor fea- tures of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(5)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street set- back and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheel- chair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average side- walk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. 6. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric trans- mission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscap- ing, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 7. A home occupation may be established in a residence that has been legally permitted, exclud- ing caretaker dwellings. Spokane Valley Municipal Code 19.80.030 19-22.6a (Revised 2/15) 8. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. (Ord. 14-017 § 5, 2014; Ord. 13-001 § 7, 2013; Ord. 09-017 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 08-026 § 8, 2008; Ord. 08-017 § 1, 2008; Ord. 07-015 § 4, 2007). Chapter 19.80 ADULT USES Sections: 19.80.010 Purpose. 19.80.020 License required. 19.80.030 Adult use development standards. 19.80.010 Purpose. In the development and adoption of this chapter, the City recognized that there are adult entertain- ment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to res- idential neighborhoods and schools, thereby hav- ing a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such busi- nesses under their jurisdiction to ensure the adverse secondary effects of the establishments are mini- mized. This chapter is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult enter- tainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected sexually oriented or explicit communicative materials, or communi- cative performances. The regulations set forth herein are intended to prevent and control health, safety and welfare issues, the decline in neighbor- hood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials. (Ord. 07- 015 § 4, 2007). 19.80.020 License required. Licensing requirements for adult uses are con- tained in Chapter 5.10 SVMC. (Ord. 07-015 § 4, 2007). 19.80.030 Adult use development standards. A. There shall be five existing acres of contigu- ous (includes across streets) zoning classified Community Commercial or Regional Commercial. 19.85.010 (Revised 2/15)19-22.6b B. The use shall be located or maintained at least 1,000 feet from the nearest property line of the use listed in subsections (B)(1) through (6) of this section. Distance shall be measured from the nearest property line of the adult retail use estab- lishment or adult entertainment establishment(s) to the nearest property line of the following pre-exist- ing uses: 1. Public library; 2. Public playground or park; 3. Public or private school and its grounds of kindergarten to twelfth grade; 4. Nursery school, mini-day care center or day care center; 5. Church, convent, monastery, synagogue or other place of religious worship; 6. Another adult use subject to the provisions of this section. C. An adult retail use establishment or adult entertainment establishment(s) shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones: 1. R-1, Single-Family Residential Estate dis- trict; 2. R-2, Single-Family Residential Suburban district; 3. R-3, Single-Family Residential district; 4. R-4, Single-Family Residential Urban dis- trict; 5. MF-1, Multifamily Medium Density Res- idential district; 6. MF-2, Multifamily High Density Resi- dential district; 7. MUC, Mixed Use Center district; 8. CMU, Corridor Mixed Use district; 9. CC, City Center district; or 10. NC, Neighborhood Commercial district. (Ord. 07-015 § 4, 2007). Chapter 19.85 MARIJUANA USES Sections: 19.85.010 Marijuana production standards. 19.85.020 Marijuana processing standards. 19.85.030 Marijuana retail sales standards. 19.85.010 Marijuana production standards. A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana production facility to the nearest property line of any one or more of the fol- lowing uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW; 3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under this section: a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of- way in any document, plan or program adopted by the city council; and b. The Appleway Trail; or 4. a. Any facility, building, campus, or col- lection of buildings designated or identified in any document, plan, or program adopted by the city council as “Spokane Valley City Hall” or other similar term that identifies such facilities, build- ings, campus, or collection of buildings as the city’s primary administrative and legislative loca- tion; or b. CenterPlace. B. Marijuana production in the regional com- mercial and community commercial zones shall only be permitted indoors. (Ord. 14-008 § 4, 2014). 19.85.020 Marijuana processing standards. A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana processing facility to the nearest property line of any one or more of the fol- lowing uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; Spokane Valley Municipal Code 19.85.030 19-22.6c (Revised 2/15) 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW; 3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under this section: a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of- way in any document, plan or program adopted by the city council; and b. The Appleway Trail; or 4. a. Any facility, building, campus, or col- lection of buildings designated or identified in any document, plan, or program adopted by the city council as “Spokane Valley City Hall” or other similar term that identifies such facilities, build- ings, campus, or collection of buildings as the City’s primary administrative and legislative loca- tion; or b. CenterPlace. B. Marijuana processing in the regional com- mercial and community commercial zones shall be limited to packaging and labeling of usable mari- juana. (Ord. 14-008 § 4, 2014). 19.85.030 Marijuana retail sales standards. Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the mar- ijuana sales facility to the nearest property line of any one or more of the following uses: A. Centennial Trail; B. Appleway Trail; C. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; D. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW; E. Vacant or undeveloped parcels leased or owned by the City; provided any stormwater facil- ity or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan or program adopted by the city council shall be excluded from consideration under this section; or F. 1. Any facility, building, campus, or collec- tion of buildings designated or identified in any document, plan, or program adopted by the city council as “Spokane Valley City Hall” or other similar term that identifies such facilities, build- ings, campus, or collection of buildings as the City’s primary administrative and legislative loca- tion; or 2. CenterPlace. (Ord. 14-008 § 4, 2014). 19.90.010 (Revised 2/15)19-22.6d Chapter 19.90 ESSENTIAL PUBLIC FACILITIES (EPFs) Sections: 19.90.010 Facilities of regional/statewide significance. 19.90.020 Local siting procedures. 19.90.010 Facilities of regional/statewide significance. Spokane Valley is signatory to an interlocal agreement relating to the siting of essential public facilities of statewide and regional significance in accordance with RCW 36.70A.200. A. EPFs having statewide significance are major facilities that provide a needed public ser- vice affecting, or potentially affecting, residents and/or property located in two or more Washington State counties and may be included on the Wash- ington State Office of Financial Management list of EPFs. These facilities include, but are not lim- ited to, regional transportation facilities, such as commercial and military airports; freeways, high- ways and beltways; state correctional facilities; secure community transition facilities; state social services; state parks; and state higher educational facilities. B. EPFs having regional/countywide signifi- cance are local or interlocal facilities providing a needed public service affecting, or potentially affecting, residents and/or property located in two or more Spokane County jurisdictions. They include, but are not limited to, general aviation air- ports; county correctional facilities; regional trans- portation system; public transit maintenance and operational facilities; regional solid waste dis- posal/recycling/composting/handling facilities; community colleges; regional wastewater treat- ment facilities; arenas, stadiums and other enter- tainment facilities; and regional social and health services such as in-patient hospitals, mental health facilities, and substance abuse treatment centers. Chapter 19.120 SVMC, Permitted and Acces- sory Uses, identifies those facilities subject to the regional/statewide siting process. C. Application for EPF siting shall be made through the Spokane County department of plan- ning and building in accordance with the adopted procedures of Spokane County. D. Following ranking of sites by the board of county commissioners, the applicant will work directly with the City to meet the regulatory requirements for the construction and operation of Spokane Valley Municipal Code 19.90.020 19-22.7 (Revised 8/11) the facility under the plans and regulations that were in effect at the time of initial application under the regional siting process. E. All EPFs located within Spokane Valley require approval of a conditional use permit pursu- ant to Chapter 19.150 SVMC. F. Spokane Valley shall require EPFs approved through the regional process to meet all local requirements except those expressly obviated as a result of the process. The City will consider all information submitted as part of the regional siting process. (Ord. 07-015 § 4, 2007). 19.90.020 Local siting procedures. EPFs having local significance are facilities pro- viding a needed public service affecting or poten- tially affecting only residents and/or property within the jurisdiction in which they are located. Spokane Valley includes such facilities in the Comprehensive Plan as “community facilities,” including, but not limited to, fire stations, police stations, child care facilities, public libraries, com- munity parks, recreation facilities, community cen- ters, local social services, and elementary, middle and high schools. (Ord. 07-015 § 4, 2007). Chapter 19.100 HISTORIC PRESERVATION (Reserved) 19.110.010 (Revised 8/11)19-22.8 Chapter 19.110 SPECIAL OVERLAY ZONES Sections: 19.110.010 Medical Office Overlay. 19.110.020 Repealed. 19.110.030 Airport Hazard Overlay. 19.110.040 Pipeline Hazard Overlay. 19.110.010 Medical Office Overlay. Reserved. (Ord. 07-015 § 4, 2007). 19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan. Repealed by Ord. 11-010. (Ord. 09-028 § 1, 2009; Ord. 09-026 § 1, 2009; Ord. 09-021 § 2, 2009; Ord. 09-012 § 2, 2009; Ord. 07-015 § 4, 2007). 19.110.030 Airport Hazard Overlay. A. Purpose and Intent. The purpose and intent of the Airport Hazard Overlay zone is to reduce the potential for airport hazards, because: 1. Airport hazards endanger the lives and property of users of landing fields and persons in the vicinity of Felts Field; 2. Airspace obstructions and incompatible land uses impair the utility of an airport and dimin- ish the value of the public investment therein; and 3. Preventing the creation or establishment of incompatible land uses and airport hazards pro- tects the public health, safety, and general welfare, and promotes the most appropriate use of land. B. Applicability. The Airport Hazard Overlay zone applies to areas surrounding Felts Field, as established herein. Provisions of this chapter shall apply to all lands, buildings, structures, natural fea- tures and uses located within the Airport Hazard Overlay (AO) zone district as depicted on the maps, except that the provisions of this chapter shall not apply to any use that is defined as an avi- ation use. All uses and activities are at all times subject to the underlying zoning district. Where the requirements and restrictions imposed by the Air- port Hazard Overlay zone conflict with the require- ments of the underlying zone district, the more restrictive requirement shall be applied. 19-23 (Revised 12/07) Spokane Valley Municipal Code 19.110.030 C. Air Hazard Height Restrictions. Except as otherwise provided herein, no building or structure shall be erected, altered, or maintained so as to project or otherwise penetrate the Federal Aviation Regulations Part 77 airspace surfaces shown on the Airport Hazard Map attached to the ordinance cod- ified in this section and made a part hereof for all purposes. Such applicable height limitations are hereby established for each of the zones as follows: 1. Primary Surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway and is 1,000 feet wide. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 2. Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizon- tally for each foot vertically to an additional hori- zontal distance of 40,000 feet along the extended runway centerline. 3. Transitional Zones. Slopes seven feet out- ward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,952 feet above mean sea level. In addition to the foregoing, there are established height limits slop- ing seven feet outward for each foot upward begin- ning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline. 4. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of feet above mean sea level. 5. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. 19.110.030 (Revised 12/07)19-24 D. Height Exceptions. Structures shall not be constructed, altered, or maintained in the regulated air space area except as follows: 1. Any structure or object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topo- graphic features of equal or greater height; and 2. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration with a fixed loca- tion and height; and 3. Structures necessary and incidental to air- port operations. E. Airport Land Use Restrictions. The six air- port land use compatibility zones established by the WSDOT Division of Aviation guidelines are based on federal aviation accident data from the National Transportation Safety Board (NTSB) and are shown on the airport land use compatibility zone map attached to the ordinance codified in this section and made a part hereof for all purposes. 1. Prohibited Uses in All Airport Land Use Compatibility Zones. a. Any use that creates or causes interfer- ence with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft; or b. Any use or lighting that impairs a pilot’s ability to distinguish between airport lights and other lights, or that creates glare affecting pilot vision, or otherwise impairs visibility in the vicin- ity of the airport. All lighting shall be “cut-down” and fully shielded; or c. Any use that endangers the landing, taking off, or maneuvering of aircraft; or d. Any use which attracts birds in any manner affecting airport operations such as gar- bage, recycling and stormwater detention; or e. Special function land uses for which the significant common element is the relative inabil- ity of the people occupying the space to move out of harm’s way such as K – 12 schools, hospitals, nursing homes, and other similar uses; or f. High intensity land uses which are char- acterized by a potential to attract dense concentra- tions of persons to an indoor or outdoor area, even for a limited period of time. Such uses include: i. Amusement parks and fairgrounds; ii. Box retail; iii. Convention/exhibit halls, major auditoriums, and theaters; iv. Stadiums and arenas; v. Temporary events attracting dense concentrations of people – fairs, circuses, carni- vals, revival meetings, sports tournaments, con- ventions, but not including events for which exposure to aviation safety hazard is a well-known expectation (air shows, airport open houses, pilot meetings, etc.). Spokane Valley Municipal Code 19.110.030 19-25 (Revised 2/15) 2. Land uses in airport land use compatibility zones are further regulated as follows: Table 19-110-1 – Airport Land Use Compatibility Prohibited Uses Prohibited Uses Airport Land Use Compatibility Zones 1 2 3 4 5 6a North of Utah Avenue & E. Rutter Avenue 6b South of Utah Avenue & E. Rutter Avenue Single-Family Residential    Maximum Density ** n/a n/a 1 du/5 acres 1 du/2.5 acres n/a 1 du/2.5 acres or underlying zone(1a)(2) 1 du/2.5 acres or underlying zone(1a-c)(2) Manufactured Housing Parks    Multifamily Residential    Schools    Parks and Playgrounds    Hospitals    Nursing Homes    Day Care    Churches    Hazardous Materials Storage  Flammable Materials Storage  Incinerators    Overhead Utilities    High Intensity Uses  Prohibited Uses ** Density Limited (1) Must comply with a minimum of one of the following criteria: a. The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on February 28, 2006, by Ordinance No. 06- 002; or b. Consistent with adjacent (not across public rights-of-way) property sizes for proposed development; or c. More than one residence is located on a property, excluding any residence used at one time for a dependent relative, may develop property consistent with underlying zoning to make conforming. (2) All final short subdivisions and final subdivisions located within Zone 6 of the Airport Hazard Overlay shall contain the following dedication language on the face of the plat: “These lots are located in an Airport Hazard Overlay that may be subject to increased noise levels.” 19.110.030 (Revised 2/15)19-26 3. Avigation easements/title notice/covenant shall be required as a condition of the issuance of any permit for construction, reconstruction or expansion of any structure located within any air- port land use compatibility zone. Airport Land Use Compatibility Zones Source: California Airport Land Use Planning Hand-book California Department of Transportation Divisionof Aeronautics, recommended by Washington Depart-ment of Transportation, Aviation Division.4. Substantial noise impacts (over 65 Ldn) at Felts Field are confined to airport property. In the event of changed conditions authenticated by the Spokane airport board, the following uses will be prohibited within areas where noise levels exceed 65 Ldn: a. School. b. Church. c. Hospital. d. Manufactured home park. e. Child day care center. f. Nursing home. g. Parks and playgrounds. 5. Nothing in this chapter shall diminish the responsibility of project proponents to submit a notice of construction or alteration to the Federal Aviation Administration if required in accordance with Federal Aviation Regulations Part 77, “Objects Affecting Navigable Airspace.” F. Nonconforming Uses. 1. Regulations Not Retroactive. The regula- tions prescribed herein shall not be construed to require the change of use, nor the removal or alter- ation of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter; provided, however, that the owner of any existing nonconforming structure or tree is required to permit the installation, opera- tion, and maintenance of such markers and lights as shall be deemed necessary by the director of airport operations. 2. Nonconforming Uses Abandoned or Destroyed. Whenever the director of community development determines that a legal nonconform- ing tree or structure has been abandoned, destroyed or damaged by more than 80 percent, no permit shall be issued or granted that would allow such use, structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. G. Permits and Variances. 1. No building permit shall be issued for any prohibited use, or for any structure or obstruction which exceeds the air hazard height restrictions adopted herein. 2. An application for a permit for the con- struction of a building, structure, use, subdivision, short subdivision, binding site plan or other devel- opment located within the Airport Hazard Overlay zone shall submit a site plan which includes the elevation of the site above mean sea level, and the height of any proposed structure. 3. Additional Notice. Any building permit or land use action including plats, short plats, subdivi- sions and binding site plans within the Airport Hazard Overlay zone shall contain the following notice: Notice is herein provided that this property is located within the Airport Hazard Overlay Zone of the City of Spokane Valley, Washing- ton, and is subject to restriction on height and use pursuant to SVMC 19.110.030 Airport Hazard Overlay Zone as it may be amended from time to time. 4. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accor- dance with the regulations prescribed herein may apply to the Spokane Valley community develop- ment department for a variance; provided, how- ever, that the application shall be accompanied by a determination from the Federal Aviation Admin- istration as to the effect of the proposal on the oper- ation of air navigation facilities and the safe, efficient use of navigable airspace. A copy of the application shall be furnished to the director of air- port operations for review and comment. Final determination on the variance shall be made by the hearing examiner following notice and hearing. (Ord. 09-005 § 1, 2009; Ord. 07-015 § 4, 2007). Spokane Valley Municipal Code 19.120.040 19-27 (Revised 2/15) 19.110.040 Pipeline Hazard Overlay. The following regulations shall only apply to the pipeline facilities identified in Section 3.7 of the City of Spokane Valley Comprehensive Plan: A. The regulation of development, including construction, excavation or fill, or installation of roads and utilities is intended to ensure the health, safety and welfare of citizens and the protection of private property. B. Pipeline hazard areas shall extend 500 feet from the centerline of any existing or future pipe- line, whether or not such pipeline is located within a recorded easement or is included in a “blanket” or “open” easement. C. The construction, excavation, fill or installa- tion of underground utilities or drainage facilities within the area of pipeline hazard shall require con- sultation with the pipeline operator prior to the issuance of any permit. If applicable, the pipeline operator shall identify the location and depth of cover required to protect the pipeline. D. No permanent or temporary accessory struc- tures, retaining walls, patios, swimming pools, or on-site waste disposal systems shall be permitted within 25 feet of any pipeline. E. No permanent or temporary structures designed for human habitation or occupancy shall be located within 50 feet of any pipeline. F. Utility poles, guy wires or anchors shall not be placed within 10 feet of the pipeline. G. For new construction, the City may require the lowering or relocation of the pipeline as a con- dition of the issuance of any permit. (Ord. 07-015 § 4, 2007). Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 19.120.020 Use categories. 19.120.030 Uses not listed. 19.120.040 Explanation of table abbreviations. 19.120.050 Permitted use matrix. 19.120.010 General. A. Uses allowed in each zone district are shown in SVMC 19.120.050, Permitted use matrix. B. Uses within the shoreline jurisdiction are also subject to additional use restrictions pursuant to Chapter 21.50 SVMC, Shoreline Management and Restoration Program. (Ord. 14-003 § 3 (Att. A), 2014; Ord. 13-003 § 3 (Exh. A), 2013; Ord. 12- 022 § 3 (Att. A), 2012; Ord. 12-021 § 4, 2012; Ord. 11-021 § 1, 2011; Ord. 10-005 § 1 (Exh. A), 2010; Ord. 09-036 § 6, 2009; Ord. 09-017 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 09-006 § 5, 2009; Ord. 08- 026 § 1, 2008; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.120.020 Use categories. Uses are assigned to the category that describes most closely the nature of the use. Uses have been classified into general use categories and subcate- gories. Definitions and examples are provided in SVMC Appendix A, Definitions. (Ord. 14-003 § 3 (Att. A), 2014). 19.120.030 Uses not listed. If a use is not listed, the community develop- ment director may determine, based on SVMC Appendix A, Definitions, the use categories and subcategories: A. That a proposed use is substantially similar to other uses permitted or not permitted in the respective zones; and B. Whether the use should be permitted or not permitted in the zoning district. (Ord. 14-003 § 3 (Att. A), 2014). 19.120.040 Explanation of table abbreviations. The following describe the abbreviations used in SVMC 19.120.050, Permitted use matrix: A. Permitted uses are designated with a “P.” Permitted uses are allowable uses within a zone district. 19.120.040 (Revised 2/15)19-28 B. Conditional uses are designated with a “C.” Conditional uses are authorized pursuant to Chap- ter 19.150 SVMC. C. Accessory uses are designated with an “A.” Accessory uses are allowed when they are subordi- nate to, or incidental to, the primary use on the same lot. D. Temporary uses are designated with a “T.” Temporary uses are permitted for a limited period of time or pending the occurrence of an event pur- suant to Chapter 19.160 SVMC. E. Regional siting uses are designated with an “R” and applies to uses that are of statewide or regional/countywide significance. They are subject to the Spokane County regional siting process for essential public facilities. F. Uses subject to supplemental use regulations are designated with an “S.” The “Supplemental Conditions” column in SVMC 19.120.050, Permit- ted use matrix, provides a reference to the applica- ble supplemental use regulation. Other requirements may apply, including but not limited to, parking, landscaping, stormwater, and engi- neering requirements. Where only one SVMC pro- vision is cited for a given use, such provision shall apply to the use for all of the zoning districts des- ignated with an “S” in the permitted use matrix. G. Prohibited uses, within a zone district, are designated with a blank cell. H. Explanation for the zoning district abbrevia- tions is provided in SVMC 19.20.010, Zoning dis- tricts. (Ord. 14-003 § 3 (Att. A), 2014). 19-29 (Revised 2/15) Spokane Valley Municipal Code 19.120.050 19.120.050 Permitted use matrix. Permitted Use MatrixUse Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2Agriculture and AnimalAnimal processing/handlingPAnimal raising and/or keepingSSSSSS SSSVMC 19.40.150. Keeping of swine is prohibitedAnimal shelterS P P SVMC 19.60.080(B)(6) Beekeeping, commercialPBeekeeping, hobby S S SSVMC 19.40.150(C) Community garden SSSSSSSS SProduce may be sold pursuant to RCW 36.71.090 as adopted or amendedGreenhouse/nursery, commercialPP PPKennelS S S S S P P See zoning districts for conditionsMarijuana productionS S S S Chapter 19.85 SVMCOrchard, tree farming, commercialPPRiding stableCPPCommunication Facilities Radio/TV broadcasting studio P P P P P PRepeater facilityPPPPPP PPPP PPTelecommunication wireless antenna arraySSSSSSSSCCSSS SSChapter 22.120 SVMCTelecommunication wireless support tower CCCCCCSSCCSSS SSChapter 22.120 SVMCTower, ham operator SSSSSSSSCCSSS SSSVMC 19.40.110(A) Community ServicesCommunity hall, club, or lodge P P P P P P P P P PChurch, temple, mosque, synagogue and house of worshipPPPPPPPPPPPPPCrematoryPPPPPFuneral homePPPTransitional housing CA = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19.120.050 (Revised 2/15)19-30Day CareDay care, adultPPPPPPPP APPP AADay care, child (12 children or fewer) PPPPPPPPAAPPP AADay care, child (13 children or more) C C C C P P P P A A P P P A AEducationSchools, college or university P P P P P PSchools, K through 12 PPPPPPPP PPPSchools, professional, vocational and trade schoolsPPPPPPPPPSchools, specialized training/studios P P P P P P PEntertainment Adult entertainment and retailS S Chapter 19.80 SVMCCarnival, circus T T T T T TCasinoPP PPCultural facilities P P P P P P PExercise facility A A P P A P P P P A AOff-road recreational vehicle usePPMajor event entertainmentPPPRacecoursePPPPRacetrackPPRecreation facility P P P P A P PTheater, indoor P P P P PFood and Beverage ServiceEspresso establishment P P P P P P P A P PMobile food vendors S S S S S S S S S S SVMC 19.60.010(L), 19.70.010(B)(2)Restaurant, full service P P A P P P P P PRestaurant, drive-through or drive-in P P A C P P P PTavern/night club P P P P P P PPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19-31 (Revised 2/15) Spokane Valley Municipal Code 19.120.050 Group LivingAssisted living/convalescent/nursing home P P P P P P PCommunity residential facilities (6 residents or less)PPPPPPPPCommunity residential facilities (greater than 6 residents under 25)PPPPPDwelling, congregate P P P P PIndustrial, HeavyAssembly, heavyPExplosive storagePPHazardous waste treatment and storageS S SVMC 21.40.060 Manufacturing, heavyPPower plant (excluding public utility facilities)PProcessing, heavyPSolid waste recycling/transfer sitePPWrecking, junk and salvage yardCPIndustrial, Light Assembly, light PPPPPPPCarpenter shop P P P PMachine shop or metal fabrication P P PManufacturing, light P P PMarijuana processingS S S S Chapter 19.85 SVMCPlastic injection molding, thermoplastic P P P P P PProcessing, lightPPIndustrial ServiceCarpet/rug cleaning, dry cleaning, laundry, linen supply plant, commercialPPContractor’s yardPPPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19.120.050 (Revised 2/15)19-32Laboratories (bio safety level 2) P P P PLaboratories (bio safety level 3) P P PLaboratories (bio safety level 4)PPRecycling facility S S S P PSVMC 19.60.050(B)(4), 19.60.060(B)(4), 19.60.080(B)(5) LodgingBed and breakfastPPPPPP PPPHotel/motel P P P P P PRecreational vehicle park/campground C S SVMC 19.60.010 Medical Ambulance service PP P PP PPHospitalPP P PPHospital, psychiatric and substance abuse RRRRRRRRRR RR RRHospital, specialty P P P P P A ALaboratories, medical and diagnostic P P P P PMedical, dental, and hospital equipment supply/salesPPPPPPMedical/dental clinic S S P P P P P P P1. Primary access shall be on an arterial; and2. Building size shall not exceed 20% of the lot square footage.OfficeAnimal clinic/veterinary P P P S P P PChapter 19.60 SVMC. See also supplemental conditions for kennelsOffice, professional P P P P P P P P P P PParks and Open SpaceCemetery PPPP PGolf course SSSSSS PSPPChapter 22.60 SVMCGolf driving range CCCCCCP CSPPChapter 22.60 SVMCParks PPPPPPPPPPPPPPPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19-33 (Revised 2/15) Spokane Valley Municipal Code 19.120.050 Public/Quasi-PublicCommunity facilities SSSSSSSSSSSSSSSSSee zoning districts for conditionsEssential public facilities RRRRRR R RRRR RRChapter 19.90 SVMCPublic utility distribution facility SSSSSSSSPPPPPPPPSee zoning districts for conditionsPublic utility transmission facility SSSSSSSSSSSSSSSSSee zoning districts for conditionsTower, wind turbine support C S S S S S SVMC 19.60.050(B)(2) ResidentialDwelling, accessory units SSSS SVMC 19.40.100 Dwelling, caretaker’s residence S S S S S S SVMC 19.60.060(B)(1) Dwelling, duplex P P P P P PDwelling, multifamily P P P P P S S SVMC 19.60.020(B)(2) Dwelling, single-family PPPPPPPPSS SVMC 19.60.020(B)(2) Dwelling, townhouse P P P P P P PManufactured home parkSSSSS SVMC 19.40.130 Retail Sales Antique store P P P P PAppliance sales/service P P P P S SRetail sales may be accessory in industrial zones, only if manufactured/assembled on premisesBakery, retail P P P P P P P S SFloor area limited to 10% of gross leasable floor area (GLFA) not to exceed 1,000 sq. ft.Building supply and home improvement and hardware storePP SSP PPFloor area limited to 50,000 sq. ft. or lessCandy and confectionery P P P P P P P P PClothes retail sales P P P P PConvenience store P P S S P P P P P SVMC 19.60.020 Department/variety store P P S P P Floor area limited to 50,000 sq. ft. or lessEducational and hobby store P P P A P P P A AEquipment sales, repair, and maintenance P P P P PFlorist shop P P A A P P P PPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19.120.050 (Revised 2/15)19-34Food sales, specialty/butcher shop/meat market/specialty foodsPP SPPSVMC 19.60.040(B)(3) General sales/service P P A A P P P P PGift shop PPAAPPPAGrocery store P P S P P SVMC 19.60.040(B)(3) Office supply and computer sales P P A P P P P PLandscape materials sales lot and greenhouse, nursery, garden center, retailPP PP PPManufactured home salesPP PMarijuana sales S S S S Chapter 19.85 SVMCMarket, outdoor P P P P P PPawn shop P P P PPharmacy PPAPPPP PSecondhand store, consignment sales P P P P P S SVMC 19.70.010(B)(8) Showroom P P P P P PSpecialty stores P P A A P P PRetail Services Bank, savings and loan, and other financial institutionsPPPPPPP PPBarber/beauty shop P P P P P P P PCatering services P P P P P P P P PEquipment rental shop P P P P PPersonal services P P P P P P PPost office, postal center P P P P P P P P PPrint shop PPAPPPP PPTaxidermy PP PP PPUpholstery shop P P P P PTransportationAirstrip, privatePPPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19-35 (Revised 2/15) Spokane Valley Municipal Code 19.120.050 HeliportPPHelistopCCCCPParking facility, controlled access P P P P P P PRailroad yard, repair shop and roundhousePTransit center P P P P P P PVehicle Services Automobile impound yardPPAutomobile/taxi rental P P P P P P PAutomobile parts, accessories and tires P P P P P PAutomobile/truck/RV/motorcycle painting, repair, body and fender worksPPPPPCar wash P P S P P P P SVMC 19.60.040(B) Farm machinery sales and repairPPPFueling station P P P A P P P PHeavy truck and industrial vehicles sales, rental, repair and maintenancePPPassenger vehicle, boat, and RV sales, service and repairPPPPTowingPP PPTruck stopPPWarehouse, Wholesale, and Freight MovementAuction housePPPPAuction yard (excluding livestock)PPCatalog and mail order houses P P P P PCold storage/food lockerPPFreight forwardingPPGrain elevatorPPStorage, general indoors P P A A A P P P PStorage, general outdoors S S S S S P See zoning districts for conditionsPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use 19.120.050 (Revised 2/15)19-36(Ord. 14-017 § 6, 2014; Ord. 14-008 § 3, 2014; Ord. 14-003 § 3 (Att. A), 2014).Storage, self-service facility P P P P P P P PTank storage, critical material above groundSSSVMC 21.40.060, Chapter 21.50 SVMCTank storage, critical material below groundSS SSSVMC 19.60.040, 21.40.060, Chapter 21.50 SVMC Tank storage, LPG above ground S S S S S S S SVMC 21.40.060, Chapter 21.50 SVMCWarehouse P P P P P PWholesale business P P P P P PPermitted Use Matrix (Continued)Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental ConditionsR-1R-2R-3R-4MF-1MF-2MUCCMUGOONCCRCP/OSI-1I-2A = Accessory use, C = Conditional use, P = Permitted useR = Regional siting, S = Permitted with supplemental conditionsT = Temporary Use Spokane Valley Municipal Code 19.140.010 19-37 (Revised 8/11) Chapter 19.130 SITE PLAN REVIEW Sections: 19.130.010 Site plan review. 19.130.020 Applicability. 19.130.030 Criteria. 19.130.040 Site plan requirements. 19.130.050 Process. 19.130.010 Site plan review. Site plan review is intended to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage, and other utilities. (Ord. 07-015 § 4, 2007). 19.130.020 Applicability. No building permit shall be issued for the fol- lowing unless a site plan is first approved by the department: A. Any commercial development; B. Any industrial development; C. Any multifamily development that includes three or more units. (Ord. 07-015 § 4, 2007). 19.130.030 Criteria. Prior to approving any building permit, the department must find that the proposal: A. Conforms with all applicable provisions of the SVMC and all other applicable law; B. Conforms in all aspects to the provisions of any special conditions required by the department, hearing examiner or council; and C. Is consistent with applicable sections of the City’s Comprehensive Plan. (Ord. 07-015 § 4, 2007). 19.130.040 Site plan requirements. The site plan must be drawn to an acceptable scale as required by the department and shall include all necessary information as specified by the department. (Ord. 07-015 § 4, 2007). 19.130.050 Process. Site plan approval is classified as a Type I devel- opment application and shall be processed in accordance with SVMC 17.80.070. (Ord. 07-015 § 4, 2007). Chapter 19.140 ADMINISTRATIVE EXCEPTIONS Sections: 19.140.010 Purpose. 19.140.020 Approval criteria. 19.140.030 Process. 19.140.010 Purpose. An administrative exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: A. Any dimensional requirement which does not exceed one foot. B. Under the following conditions: 1. A parcel established prior to March 31, 2003, that does not meet the buildable square foot- age requirements for a parcel in a particular zoning district; or 2. A legally nonconforming dwelling with respect to setbacks, height and size which other- wise could not be expanded or reconstructed; or 3. A duplex constructed prior to March 31, 2003, that does not meet the minimum parcel size, which could not otherwise be reconstructed. C. Yard setback requirements where the devia- tion is for 10 percent or less of the required yard. D. Building height requirements where the deviation is for 25 percent or less of the maximum building height. Additional building height may be granted to the equivalent height of adjacent build- ings in areas where the maximum building height is generally exceeded. E. Minimum lot area requirements where the deviation is for 25 percent or less of the required lot area. F. Maximum building coverage requirements where the deviation is for 25 percent or less of the maximum building coverage. G. Lot width under the following circum- stances: 1. Lot width requirements where the devia- tion is for 10 percent or less than the required lot width. 2. Lot width requirements where the devia- tion is greater than 10 percent; provided, that the department may require notice to affected agencies resulting in conditions of approval. H. Up to one-half of a private tower’s impact area off of the applicant’s property. 19.140.020 (Revised 8/11)19-38 I. Flanking street yard setbacks; provided, that: 1. At the time the subject parcel was legally created the property was zoned under a zoning classification of the pre-January 1, 1991, Spokane County zoning ordinance, and subsequently on January 1, 1991, a new zoning classification from the zoning code of Spokane County, Washington, was assigned to the subject property; and 2. Any flanking yard setback deviation granted under this section shall not exceed the required flanking street setback standards of the pre-January 1, 1991, zoning classification of the subject property. J. Any improved property rendered noncon- forming through voluntary dedication of right-of- way, the exercise of eminent domain proceedings or purchase of right-of-way by the City, county, state or federal agency. (Ord. 11-010 § 1 (Exh. A), 2011; Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007). 19.140.020 Approval criteria. Criteria for approval or denial of applications shall be established by the director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicin- ity by protecting natural features, historic sites, open space, or other resources; C. The administrative exception does not inter- fere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City. (Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007). 19.140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.80.070. (Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007). Chapter 19.150 CONDITIONAL USE PERMITS Sections: 19.150.010 Purpose and intent. 19.150.020 Permit classification. 19.150.030 Conditions and requirements. 19.150.010 Purpose and intent. The conditional use permit (CUP) procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infre- quent occurrence, special requirements, possible safety hazards or detrimental effects on surround- ing properties and other similar reasons are classi- fied as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be com- patible with other permitted uses in the vicinity of the proposed conditional use. (Ord. 07-015 § 4, 2007). 19.150.020 Permit classification. CUPs are classified as Type III permit applica- tions and shall be processed pursuant to SVMC 17.80.070. (Ord. 07-015 § 4, 2007). 19.150.030 Conditions and requirements. The following conditions and requirements shall pertain to requested CUPs: A. In approving a CUP, the hearing examiner may stipulate restrictions and conditions including, but not limited to, the following: 1. Control of use; 2. Provision for front, side, or rear yard set- backs greater than the minimum standards of the zoning district within which the subject property is located; 3. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other gen- eral development standards; 4. Requiring street dedications and/or road- way and drainage improvements necessary as a result of the proposed use; 5. Control of points of vehicular ingress and egress; 6. Control of noise, vibration, odor, glare, and other environmental considerations; 19-39 (Revised 12/07) Spokane Valley Municipal Code 19.160.030 7. Control of operating hours; 8. Duration or time limitations for certain activities; and/or 9. Any other reasonable restrictions, condi- tions, or safeguards that will uphold the spirit and intent of the SVMC and the Comprehensive Plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construc- tion, or alteration allowed. B. A CUP may be suspended or revoked if, after a public hearing with notice as provided in SVMC 17.80.070, the hearing examiner finds that a grantee or their successors in interest fail to com- ply with the conditions or restrictions included in the CUP. (Ord. 07-015 § 4, 2007). Chapter 19.160 TEMPORARY USE PERMITS Sections: 19.160.010 Purpose and intent. 19.160.020 Permit classification. 19.160.030 Temporary use – Types. 19.160.040 Conditions. 19.160.010 Purpose and intent. It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other City ordinances or regulations. (Ord. 07-015 § 4, 2007). 19.160.020 Permit classification. Temporary use permits (TUPs) are classified as a Type I permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 07-015 § 4, 2007). 19.160.030 Temporary use – Types. The department may issue a TUP for the follow- ing types of temporary uses as permitted under this chapter: A. Interim Uses. The department may issue a temporary and revocable permit to allow an owner, developer, contractor, tenant, lessee, or other occu- pant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required City standards pursuant to the following conditions: 1. The TUP may be issued for a period up to six months and may be extended for an additional three months if the applicant has acted in good faith towards compliance of the original permit. 2. The department may issue the permit only if the proposed use is consistent with the following findings of fact: a. The request is reasonable and there is no other practical alternative; b. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occu- pants or to neighboring properties; c. A hardship is involved that cannot oth- erwise be reasonably resolved; and d. A performance bond in the amount of any required improvements shall be posted guaran- teeing the completion of the project. B. Seasonal Uses. The department may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a 19.160.040 (Revised 12/07)19-40 period not to exceed six months in any 12-month period. The use need not meet the standards nor- mally associated with a permanent use provided the department finds that the temporary use is con- sistent with the following: 1. The use must be consistent with the per- mitted uses in the zone; 2. The use must be an appropriate use of the property pending the permanent long-term use; 3. The use will not result in significant traf- fic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately miti- gated; 4. The use must provide a sanitary facility if the department determines it is necessary to do so; and 5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the TUP. C. Temporary Uses Associated with Construc- tion Permits. The department may issue a tempo- rary and revocable permit for activities associated with construction projects including, but not lim- ited to, equipment storage yards, job shacks, mate- rials storage yards, or living quarters, which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it is found that the proposal is consistent with the fol- lowing findings of fact: 1. The use would not pose a hazard or be a detriment, physical or otherwise, to the surround- ing area; 2. The use will not result in significant traf- fic, parking, drainage, fire protection or other adverse impacts; 3. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminate the TUP; 4. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (C)(3) of this sec- tion. (Ord. 07-015 § 4, 2007). 19.160.040 Conditions. The department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. (Ord. 07-015 § 4, 2007). Chapter 19.170 VARIANCES Sections: 19.170.010 Purpose. 19.170.020 Permit classification. 19.170.030 Decision criteria. 19.170.040 Limitation on authority. 19.170.050 Time limitation. 19.170.060 Time extension. 19.170.010 Purpose. A variance is a mechanism by which the City may grant relief from the provisions of the uniform development code (“UDC”) where practical diffi- culty renders compliance with the provisions of the UDC an unnecessary hardship, where the hardship is a result of the physical characteristics of the sub- ject property and where the purpose of the UDC and of the Comprehensive Plan can be fulfilled upon granting of the variance. (Ord. 07-015 § 4, 2007). 19.170.020 Permit classification. Variances are classified as a Type III permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 07-015 § 4, 2007). 19.170.030 Decision criteria. The hearing examiner may approve, or approve with modifications, an application for a variance from the provisions of the zoning code if: A. The variance for the subject property will not constitute a grant of special privilege inconsis- tent with the limitation upon uses of other proper- ties in the vicinity and the zone in which the property is located; B. The variance is necessary because of special circumstances relating to the size, shape, topogra- phy, location or surroundings of the subject prop- erty, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use zone in which the subject property is located; C. The granting of the variance will not be materially detrimental to the public welfare or inju- rious to the property or improvements in the vicin- ity and zone in which the subject property is located; D. The special circumstances of the subject property make the strict enforcement of the provi- sions of this code an unnecessary hardship to the property owner; 19-41 (Revised 12/07) Spokane Valley Municipal Code 19.170.060 E. The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest; F. The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant; G. The variance is consistent with the purpose and intent of the zoning code; and H. The variance is in accord with the Compre- hensive Plan. (Ord. 07-015 § 4, 2007). 19.170.040 Limitation on authority. The hearing examiner may not grant a variance to: A. The provisions of regulations establishing the allowable uses in each land use zone; or B. Any procedural or administrative provisions of the Spokane Valley Municipal Code; or C. Any provision of the zoning code which, by the terms of that code, is not subject to a variance. (Ord. 07-015 § 4, 2007). 19.170.050 Time limitation. A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substan- tially completes improvements allowed by the variance within 18 months of the effective date of the variance. (Ord. 07-015 § 4, 2007). 19.170.060 Time extension. Upon application of the property owner, the hearing examiner may extend a variance, not to exceed one year, if: A. Unforeseen circumstances or conditions necessitate the extension of the variance; B. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and C. The extension of the variance will not cause substantial detriment to existing uses in the imme- diate vicinity of the subject property. (Ord. 07-015 § 4, 2007). 20-1 (Revised 8/09) Title 20 SUBDIVISION REGULATIONS Chapters: 20.10 Authority 20.20 General Provisions 20.30 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.40 Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations 20.60 Final Plat, Short Plat, and Binding Site Plan Alterations 20.70 Plat Vacation 20.80 Boundary Line Adjustments/Eliminations 20-3 (Revised 8/09) Spokane Valley Municipal Code 20.20.010 Chapter 20.10 AUTHORITY Sections: 20.10.010 Purpose. 20.10.010 Purpose. This title is established in accordance with Chapter 58.17 RCW which authorizes cities to administer the process for the division of land. (Ord. 07-015 § 4, 2007). Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached single-family subdivisions. 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations in this title are necessary to: A. Promote the health, safety, and general wel- fare in accordance with standards established by the state and the City; B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the gen- eral welfare due to the lack of water supplies, san- itary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; C. Avoid congestion and promote safe and con- venient travel by the public on streets and high- ways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community; D. Provide for adequate light and air; E. Provide for adequate water, sewage, drain- age, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for housing and commercial needs of the community; H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; I. Protect environmentally sensitive areas; J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; 20.20.020 (Revised 8/09)20-4 K. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and L. To provide a process for the division of land for the following: 1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or divi- sions with a level of review that is proportional to the effect those lots may have on the surrounding area; 2. Subdivision. The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 3. Binding Site Plan. An alternative method of dividing property interests and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, or indus- trial development, or which is to be developed as condominiums or a manufactured home park. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.020 Exemptions. A. The provisions of this title shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); 2. Divisions made by testamentary provi- sions or laws of descent (RCW 58.17.040(3)); 3. A division of land for purpose of leasing land for facilities providing personal wireless ser- vices while used for that purpose (RCW 58.17.040(8)). B. The provisions of this chapter shall not apply to the following; provided, that an exemption application and drawing consistent with subsection C of this section is provided to the City: 1. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7)); 2. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; 3. Division or acquisition of land for public right-of-way; 4. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for con- struction and operation of consumer- or investor- owned electric utilities to meet the electrical needs of a utility’s existing and new customers as set forth in RCW 58.17.040(9). C. An application made pursuant to subsection B of this section shall be processed to determine that the division is exempt with a minimum review for conformance to adopted City regulations and ordinances. The application will be determined to be complete upon the submittal of the following materials: 1. An application; and 2. Maps, plans, and/or exhibits containing all applicable information as required by SVMC 20.30.020(B). (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.030 Legal lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: A. Lots created through subdivision, a plat approved by the City or Spokane County sepa- rately describing the lot in question; or B. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was approved by the City or Spokane County; or D. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: 1. Executed prior to March 24, 1980, for sub- divisions (effective date of county’s first subdivi- sion ordinance) while the lot in question was under Spokane County jurisdiction; or 2. Executed prior to March 13, 1978 (effec- tive date of county’s first short subdivision ordi- nance), for short subdivisions while the lot in question was under Spokane County jurisdiction; or 3. Executed prior to July 1, 1969 (effective date of Chapter 58.17 RCW). (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.040 Approval required prior to recordation. Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdi- vision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be 20-5 (Revised 3/12) Spokane Valley Municipal Code 20.20.090 recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.050 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval hereunder by the City and recording the approved division with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of this title. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data must be based on the North Amer- ican Vertical Datum (NAVD-88). (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.070 Monumentation. Right-of-way, street centerline and street inter- section monumentation shall be established as described by City-adopted street standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced in a permanent manner with the reg- istration number of the professional land surveyor in charge of the survey in accordance with state law. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.080 Professional land surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the state of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW and Chap- ter 332-130 WAC. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall conform to the require- ments of all applicable City plans, regulations, and design and development standards. In addition: A. The design, shape, size, and orientation of the lots should be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement. 1. Side lot lines shall generally be perpendic- ular to public street rights-of-way, but may be within twenty degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. b. At the intersection of two arterial streets (collector, minor or principal), the applicant shall provide a widened border easement area behind the pedestrian ramp landing for the place- ment of street lights, traffic signals, et cetera and their related appurtenances (see Figure 20.20.01). This area shall extend a minimum of 15 feet behind the landing. The boundary of this area shall be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width will be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals et cetera. Corner lots in single-family or two-family residential development shall have an average width at least 15 percent greater than the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. 20.20.090 (Revised 3/12)20-6 Figure 20.20.01 3. Lot Dimensions. a. Lot dimensions shall comply with the minimum standards established in Chapter 19.40 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted; c. No lot shall have an average depth greater than three times its average width. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visi- bility between the arterial and the adjoining lots in accordance with Chapter 22.70 SVMC; c. No building, except buildings designed and constructed as two-family dwellings or one- family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensions should reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topogra- phy, road maintenance, and the provision of suit- able sites for the land use planned. 1. Block Length. Block length shall be per the adopted street standards. 2. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order. 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic pat- terns, topographic and drainage conditions, public safety, adopted street standards, Comprehensive Plan and the proposed use of the land so divided. D. When a tract is subdivided into lots of one acre or more in size, the community development director (hereafter referred to as the “director”) may require an arrangement of the lots and streets, in conformance with the adopted arterial and local access street master plan or areas identified in SVMC 22.130.080, Future acquisition areas, such as to permit a subsequent redivision. E. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. F. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway. G. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provi- sions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short sub- division, subdivision, or binding site plan consis- tent with applicable City-adopted standards. H. Wastewater design shall be in compliance with all applicable City regulations and other juris- dictional agency regulations. I. Adequate public domestic water supply and/or fire protection shall be provided in compli- ance with all applicable City regulations and other jurisdictional agency regulations. J. All road designs shall be in conformance with Chapter 22.130 SVMC and adopted street standards. K. Provisions for stormwater runoff shall be in compliance with City regulations for stormwater management as set forth in Chapter 22.150 SVMC. L. Existing and proposed easements for elec- tric, water, sewer, gas, and similar utilities shall be illustrated on the short plat, plat, or binding site plan. The utility purveyors shall indicate to the community development department (hereafter referred to as the “department”) in writing that the easements are adequate for their service needs. M. The short subdivision, subdivision, or bind- ing site plan shall provide for the location of under- ground utilities within public rights-of-way, border easements, alleys or utility easements including, but not limited to, those for electricity, communi- cations and street lighting. When conditions make 20-7 (Revised 3/12) Spokane Valley Municipal Code 20.20.110 underground installation impractical, the director may waive the requirement for underground utili- ties. (Ord. 12-008 § 1, 2012; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.100 Findings. Prior to approving any preliminary short subdi- vision, subdivision or binding site plan, the depart- ment in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general wel- fare; B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewalks, and other public ways; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreation; I. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; K. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; L. The proposed short subdivision, subdivision or binding site plan is in conformity with all appli- cable development code provisions; and M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007). 20.20.110 Attached single-family subdivisions. Applications for an attached single-family sub- division consisting of nine or fewer lots shall be submitted and processed according to the require- ments for content and form for preliminary and final short subdivisions and process as stated in Chapters 20.30 through 20.40 SVMC. Application for an attached single-family subdivision consist- ing of 10 or more lots shall be submitted and pro- cessed according to the requirements for content and form for preliminary and final subdivisions as stated in Chapters 20.30 through 20.40 SVMC. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chap- ter 20.50 SVMC. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the require- ments of Chapter 20.60 SVMC. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. (Ord. 12-008 § 2, 2012; Ord. 09-002 § 1, 2009). 20.30.010 (Revised 3/12)20-8 Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Sections: 20.30.010 Application. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. 20.30.010 Application. Prior to filing an application for a preliminary subdivision, short subdivision, or binding site plan, a pre-application conference pursuant to the provi- sions of Chapter 17.80 SVMC is required unless this requirement is waived by the director. (Ord. 09-002 § 2, 2009; Ord. 07-015 § 4, 2007). 20.30.020 Contents of application. Every preliminary short subdivision, subdivi- sion or binding site plan shall consist of the appro- priate application form, applicable fees and the following: A. Maps and Exhibits. 1. Ten copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the depart- ment, an alternative appropriate scale may be used; 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; 3. One copy of the Spokane County asses- sor’s half-section map clearly indicating the sub- ject property. Additionally, all adjacent properties with parcel numbers must be indicated on the half- section map. Assessor’s maps for preliminary sub- divisions shall indicate the parcel numbers of all properties within 400 feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within 400 feet of the applicant’s ownership; 4. A written narrative describing the pro- posal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access, zoning, utility providers, method of sewerage, and timing of phasing of the develop- ment (if any). The narrative shall also address com- pliance to applicable sections of the development code and other applicable regulations; 5. Public Notice Packet. The assessor’s map(s) and the title company search shall be cur- rent within 60 days of issuing the notice of applica- tion. If the information is more than 60 days old at the time the notice of application is issued, the applicant shall provide current information; 6. SEPA environmental checklist for prelim- inary subdivisions and binding site plans. An envi- ronmental checklist will be required for a preliminary short plat if the construction of improvements will involve more than 500 cubic yards of grading, excavation or fill, or if critical areas exist on site; and 7. A plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the own- ers signing. B. Preliminary short subdivision, subdivision or binding site plan data (to be included on the pre- liminary short plat, plat or binding site plan). 1. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regard- ing the short plat, plat, or binding site plan; 2. Title of the proposed division; 3. Location of subject property by quarter- quarter(s) of the section, township and range; 4. Legal description of the subject property with the source of the legal description clearly indi- cated; 5. A vicinity map at a scale of not more than 400 feet to the inch, except that the community development director may approve an alternative scale if requested. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision connect with existing and proposed streets and alleys in neigh- boring subdivisions or unplatted property; 6. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan, and the date map is prepared; 7. Boundaries of all blocks, lot numbers, lot lines along with their dimensions and areas in square feet; 8. Location and identification of existing utilities; 9. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or 20-9 (Revised 8/09) Spokane Valley Municipal Code 20.30.060 the nearest City street if there is no City street within 100 feet of the subject property; 10. All easements, including border ease- ments, or tracts proposed to be dedicated for any public purpose or for the common use of the prop- erty owners of the short plat, plat or binding site plan; 11. All existing easements that affect the subject property; 12. Location of any natural features such as wooded areas, streams, drainage ways, special flood hazard areas identified on the Flood Insur- ance Rate Map, or critical areas as defined in SVMC Title 21; 13. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a note indicating if they will remain or be removed; 14. Whether adjacent property is platted or unplatted. If platted, give the name of the subdivi- sion. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with the recording numbers of any recorded covenants and easements; 15. Topographic information at five-foot maximum contour intervals, or at two-foot inter- vals where overall site topography is too flat to be depicted by five-foot intervals. Delineate areas with any slopes that are greater than 30 percent; and 16. Site data table showing number of pro- posed lots, existing zoning, water supplier, and method of sewerage. (Ord. 09-002 § 2, 2009; Ord. 07-015 § 4, 2007). 20.30.030 Processing applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; prelim- inary subdivisions are classified as Type III appli- cations. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. (Ord. 09-002 § 2, 2009; Ord. 07-015 § 4, 2007). 20.30.040 Distribution of plans. When the department determines that the appli- cation is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional infor- mation during the review process. (Ord. 09-002 § 2, 2009; Ord. 07-015 § 4, 2007). 20.30.050 Expiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automati- cally expire five years from the date of approval unless a complete application for a final short sub- division, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. (Ord. 09-002 § 2, 2009; Ord. 07-015 § 4, 2007). 20.30.060 Time extensions. An application form and supporting data for time extension requests must be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivi- sion or binding site plan contrary to the public health, safety or general welfare; and provided one or more of the following circumstances is found to apply: A. That some portion of the existing prelimi- nary short subdivision, subdivision, or binding site plan has been finalized since the project was approved and the remaining lots would form a uni- fied development consistent with the original approval; B. That the preliminary short subdivision, sub- division, or binding site plan remains generally consistent with the original plat or binding site plan that was approved, and the applicant has taken sub- stantial steps toward finalizing the plat or binding site plan, which shall include at least one of the fol- lowing: 1. Surveying the lots within the develop- ment; 2. Arranging for public services to the site; 3. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdi- vision, or binding site plan; and/or 4. Completing studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; C. That at the time preliminary approval was granted, development of the proposal was condi- tioned upon the extension of public services which are not yet available. This provision shall not apply 20.40.010 (Revised 8/09)20-10 to public utility extensions which the project spon- sor would normally fund. If the conditions set forth in subsections A, B or C of this section are met, the department may grant a single, one-year time extension. Prior to granting time extensions, the director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recom- mended by affected agencies may be required as a condition of this extension. City departments may also recommend addi- tional or altered conditions. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the appli- cant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chap- ter 17.90 SVMC. (Ord. 09-002 § 2, 2009; Ord. 07- 015 § 4, 2007). Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat or binding site plan. 20.40.035 Recordation. 20.40.040 Surety in lieu of construction limitations. 20.40.050 Phasing. 20.40.010 Final submittal. A. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivi- sion, subdivision, or binding site plan shall incor- porate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the fol- lowing: 1. A minimum of 10 copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate dated within 30 days of the application filing date con- firming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the owners signing; and 4. Maps shall also be submitted in one of the following electronic file formats at the time the mylars are submitted, unless this requirement is waived by the director: a. .pdf (portable document format); b. .tiff (tagged image file format); c. Bitmap; or d. Other commonly used format as approved by the director. 5. Electronic submittals shall be in accor- dance with the following criteria: a. Submittals shall utilize a file name using the City submittal number. For example, SUB-08-06.xxx or SHP-22-07.xxx; b. Lines, text and details shall be com- plete, clear and crisp and at a resolution that enables the smallest detail to be recognized and understood when magnified; c. The electronic files shall be delivered on a CD or DVD that is legibly labeled with subdi- 20-11 (Revised 8/09) Spokane Valley Municipal Code 20.40.020 vision name and phase; submittal number; file cre- ation date; and contact information (firm name, address and phone number). As an option, an email submittal is acceptable and shall include a letter transmittal with the same information. d. CADD Criteria. Reserved. C. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed and not replaced, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or wit- ness monuments, basis of bearings, bearing and length of lines, scale of map with graphic bar scale and north arrow; 3. Any other data necessary for the interpre- tation of the various items and locations of the points, lines and areas shown; 4. Reference and show adjoining surveys of record and plats; 5. The allowable error of mathematical clo- sure for the final plat map shall not exceed one foot in 80,000 feet or 0.04 foot, whichever is greater; 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used; 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist; 8. Plat boundary and street center lines hav- ing curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; 9. Lots along curves shall show arc length and radius. For lot corners that are on non-tangent or non-perpendicular curves, the radial bearing shall be shown. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius; 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds. All partial measurements shown shall equal the total overall measurements shown; 11. The final short plat, plat or binding site plan shall indicate the actual net area for each plat- ted lot exclusive of dedicated or private road right- of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest square foot; and 12. Boundary points for corners shall be located and referenced to the current control net- work as established by the Spokane County GPS control project and that coordinate system. The controlling points used by this subdivision shall be indicated on the map. (Ord. 09-002 § 3, 2009; Ord. 07-015 § 4, 2007). 20.40.020 Contents of final plat. All surveys shall comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standards for survey and land descriptions (Chap- ter 332-130 WAC), and any applicable City stan- dards. The contents of a final short subdivision, subdivision or binding site plan shall include the following: A. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one-half- inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. B. The file number of the short plat, plat or binding site plan, location by quarter-quarter of a section, township and range shall be shown. C. The scale shall be 50 or 100 feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed 200 feet to the inch, provided a 400 feet to the inch reduced copy is also submitted. The scale shall be shown in a text form as well as a graphic bar scale. D. A bold boundary line shall delineate the existing perimeter boundary of the short plat, plat or binding site plan prior to any dedication to the public. E. The location and widths of streets, alleys, rights-of-way, and easements serving the property, parks and open spaces proposed within the division and those platted easements existing immediately adjacent to the division shall be shown and or iden- tified. Areas to be dedicated to the public must be labeled. F. Layout and names of adjoining subdivisions, subdivision lots or portions thereof shall be shown within and adjacent to the subdivision boundary. G. The layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. I. Street addresses for each lot shall be shown. 20.40.030 (Revised 8/09)20-12 J. Plat restrictions required as conditions of pre- liminary short subdivision, subdivision or binding site plan approval shall be shown. K. Existing easements and utility easements shall be identified, shown and labeled. Recording information for the easement(s) shall be provided on the survey. Any easement and/or utility ease- ment being created by this division shall be so identified, shown and labeled. L. Any special statements of approval required from governmental agencies, including those per- taining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. M. A notarized certification and acknowledge- ments by the owner(s) and beneficiary, if other than the City, as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stat- ing that the final short plat, plat or binding site plan was surveyed and prepared by him/her, or under his/her supervision; that the plat is a true and cor- rect representation of the subject land; and that monumentation has been established as required by City standards. Certification must be consistent with Chapter 58.09 RCW. O. The city council authorizes final approval of any final plat, short plat, or binding site plan. If the plat contains multiple sheets, the first sheet shall contain the required signatures. The plat must be reviewed and signed by the following: 1. Spokane Valley development services senior engineer; 2. Spokane Valley community development director; 3. Spokane County utilities director; 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County treasurer; 6. Spokane County assessor; 7. Hearing examiner for final subdivision plats only. (Ord. 09-002 § 3, 2009; Ord. 07-015 § 4, 2007). 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing depart- ments and agencies are satisfied, all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the appli- cant within 30 days from the date of receipt thereof, unless the applicant consents to an exten- sion of such time period (RCW 58.17.140). (Ord. 09-002 § 3, 2009; Ord. 07-015 § 4, 2007). 20.40.035 Recordation. The department shall record the completed final short plat, plat, or binding site plan with the Spo- kane County auditor’s office and submit copies of the recorded documents to the Spokane County assessor’s office. All fees for such recording shall be paid by the applicant prior to recording. (Ord. 09-002 § 3, 2009). 20.40.040 Surety in lieu of construction limitations. A. Street Improvements. Pursuant to SVMC 22.130.040, street improvements include side- walks, drainage, and approaches. B. Non-Street Improvements. In lieu of the completion of the actual construction of any required non-street improvements prior to the approval of the final plat, short plat or binding site plan, the community development department may accept a surety in an amount and with conditions satisfactory to the department consistent with the provision of RCW 58.17.130, and the criteria listed below. Non-street improvements may include, but are not limited to, fencing, landscaping, and trails. 1. The improvements will be completed within one year of the date of final approval; 2. The applicant for the surety does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City; 3. The surety is in the form of a cash savings assignment or irrevocable letter of credit in an amount of at least 125 percent of the City-esti- mated value of the outstanding improvements. (Ord. 09-002 § 3, 2009; Ord. 07-015 § 4, 2007). 20.40.050 Phasing. Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions is not permitted. A master phas- ing plan shall be submitted with the preliminary 20-13 (Revised 8/09) Spokane Valley Municipal Code 20.50.020 subdivision or binding site plan for approval by the department. The phasing plan may be approved by the director provided: A. The phasing plan includes all land identified within the legal notice; B. The sequence of phased development is identified by a map; C. Each phase has reasonable public or private infrastructure to support the number of dwelling units or proposed commercial or industrial devel- opment contained in that phase; D. Each phase constitutes an independent plan- ning unit with facilities, adequate circulation, and any requirements established for the entire subdivi- sion or binding site plan; and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use; and E. The development services senior engineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following pre- liminary approval. Said plan may be approved administratively provided the above criteria are met. (Ord. 09-002 § 3, 2009; Ord. 07-015 § 4, 2007). Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat, short plat and binding site plan alterations – Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any pro- posed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and shall be processed pursuant to Chap- ter 17.80 SVMC. (Ord. 09-002 § 4, 2009; Ord. 07- 015 § 4, 2007). 20.50.020 Preliminary plat, short plat and binding site plan alterations – Notice, decision, filing plan. Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and com- ment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent proper- ties or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a change of condition. Alterations may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the appli- cant shall produce a revised drawing of the approved alteration which shall be signed by the director and filed with the City of Spokane Valley community development department. Any preliminary plat, short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapters 20.30 and 20.40 SVMC. 20.60.010 (Revised 8/09)20-14 Any proposed modification which would signif- icantly amend conditions established by the hear- ing examiner shall be processed as a change of conditions pursuant to Chapter 20.60 SVMC. (Ord. 09-002 § 4, 2009; Ord. 07-015 § 4, 2007). Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.010 Application. 20.60.020 Final plat alterations – Notice, public hearing, decision, filing requirements. 20.60.030 Final short plat and binding site plan alterations – Notice, decision, filing requirements. 20.60.040 Record of survey to establish lots within a binding site plan. 20.60.010 Application. An application may be submitted for any pro- posed alteration to a final plat, final short plat, or final binding site plan. The application shall con- tain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, sites or divisions in the subject subdivision or por- tion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a cov- enant, the application shall contain an agreement signed by all parties subject to the covenants pro- viding that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or binding site plan, or portion thereof. A plat alteration is classified as a Type II permit unless a public hearing is requested pursuant to SVMC 20.60.020 in which case the plat alteration shall be classified as a Type III permit. Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215. Any plat, short plat or binding site plan alter- ation proposed under this section shall be subject to the requirements in Chapters 20.30 and 20.40 SVMC. (Ord. 09-002 § 5, 2009; Ord. 07-015 § 4, 2007). 20.60.020 Final plat alterations – Notice, public hearing, decision, filing requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropri- ate regional or neighborhood newspaper or trade journal, and to those owners of property within 400 20-15 (Revised 3/12) Spokane Valley Municipal Code 20.60.040 feet of that portion of the plat proposed for alter- ation. The notice shall include a statement that a public hearing will not be required unless specifi- cally requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.80.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the appli- cant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the director and filed with the Spokane County auditor’s office to become the lawful plat of the property. (Ord. 09-002 § 5, 2009; Ord. 07- 015 § 4, 2007). 20.60.030 Final short plat and binding site plan alterations – Notice, decision, filing requirements. Upon receipt of a completed application for a final short plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighbor- hood newspaper or trade journal, and to those own- ers of property adjacent to that portion of the short plat or binding site plan proposed for alteration. Alterations to final short plats or binding site plans may be approved by the director, if the direc- tor determines that the public use and interest will be served by the alteration. Following approval of an alteration, the appli- cant shall produce a revised drawing of the approved alteration of the final short plat or bind- ing site plan, which shall be signed by the director and filed with the Spokane County auditor’s office to become the lawful plat or binding site plan of the property. (Ord. 09-002 § 5, 2009; Ord. 07-015 § 4, 2007). 20.60.040 Record of survey to establish lots within a binding site plan. A record of survey may be filed subsequent to the recording of a final binding site plan to estab- lish lots within the boundaries of the final binding site plan. The record of survey shall be classified as a Type I application and shall be reviewed pursuant to Chapter 17.80 SVMC and approved by the director. The following information shall be pro- vided on the record of survey: A. The binding site plan file number shall be referenced. B. The scale shall be 50 or 100 feet to the inch. If approved by the director, an appropriate scale may be used which does not exceed one inch equals 200 feet, provided a one inch equals 400 feet reduced eight-and-one-half-inch by 11-inch copy is provided. C. A distinct wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey. D. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey. E. The location and widths of streets, alleys, rights-of-way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown. F. Street names shall be shown. G. Street addresses shall be shown. H. Restrictions required as conditions of pre- liminary approval shall be shown. I. Appropriate utility easements shall be shown. J. Certification of the professional land sur- veyor licensed in the state of Washington. K. The following signatures are required on the record of survey: 1. City of Spokane Valley community devel- opment director; 2. City of Spokane Valley development ser- vices senior engineer; 3. Property owner. L. Illustrate any existing buildings located on the lot which is being created or altered. The department shall record approved record of surveys with the Spokane County auditor’s office and submit copies of the recorded documents to the Spokane County assessor’s office. All fees for such recording shall be paid by the applicant prior to recording. (Ord. 09-002 § 5, 2009). 20.70.010 (Revised 3/12)20-16 Chapter 20.70 PLAT VACATION Sections: 20.70.010 Plat vacation – Application. 20.70.020 Plat vacation – Process. 20.70.010 Plat vacation – Application. An application may be submitted for the pro- posed vacation of part or all of a plat. The applica- tion shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject sub- division or a portion to be vacated. (Ord. 07-015 § 4, 2007). 20.70.020 Plat vacation – Process. Vacation of a plat is classified as a Type III application. Upon submittal of a complete applica- tion for vacation of plat, the department shall pro- cess the plat vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. (Ord. 07-015 § 4, 2007). Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review process. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot or parcel boundaries on existing lots or parcels. In this section “lot” shall mean a parcel of land having fixed boundaries described by reference to a recorded plat, a recorded binding site plan, by metes and bounds, or by section, township, and range, and be of suffi- cient area to meet minimum zoning requirements. The purpose of the boundary line elimination pro- cess is to remove interior lot lines of a parcel com- prised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in size open space or other pro- tected environments; B. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations; C. Such alteration shall not result in a building setback violation or site coverage to less than pre- scribed by the zoning regulations or areas as required in SVMC 22.130.080, Future acquisition areas; and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. (Ord. 12-008 § 3, 2012; Ord. 09-002 § 6, 2009; Ord. 07-015 § 4, 2007). 20.80.020 Review process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to Chapter 17.80 SVMC. (Ord. 09-002 § 6, 2009; Ord. 07-015 § 4, 2007). 20.80.030 Application and drawing requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the department and shall provide the following infor- mation: 20-17 (Revised 3/12) Spokane Valley Municipal Code 20.80.040 A. Existing Conditions Site Plan. Produce a to- scale site plan on an eight-and-one-half-inch by 11- inch sheet with one-inch margins on all sides showing the following information: 1. The existing dimensions and square foot- age of the existing property(ies) involved; 2. The location and setbacks of any perma- nent improvements (i.e., structures, septic systems, etc.) from all property lines; 3. The identification, location and dimension of all access and utility easements; and 4. The location, dimensions and names of public and/or private streets abutting the prop- erty(ies); and 5. North arrow and scale shall be noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to-scale plan on an eight-and-one-half- inch by 11-inch sheet with one-inch margins on all sides showing the following information: 1. The location and setbacks of any perma- nent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; 2. The identification, location and dimension of any access or utility easements after the pro- posed boundary line adjustment or elimination; 3. The location, dimensions and names of public and/or private streets abutting the prop- erty(ies) after the proposed boundary line adjust- ment or elimination; 4. Indicate the existing property lines to be revised with a dashed line and the proposed prop- erty lines with a solid line if applicable; and 5. North arrow and scale shall be noted. C. On a separate sheet of paper (eight and one- half by 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one-inch margins on all sides. D. One copy each of all involved property own- ers’ recorded deeds, verifying current ownership of the subject property(ies). E. If available, submit a copy of an original plat for the subject property. A copy of the general land office plat is not required. F. A record of survey of the property may be required by the community development director. The need for a survey will be determined based on an evaluation of the number of parcels, legal descriptions, appurtenances, disputed or apparent lines of ownership, and setbacks. If required, the survey must be completed by a professional land surveyor licensed in the state of Washington. (Ord. 12-001 § 1, 2012; Ord. 09-002 § 6, 2009; Ord. 07- 015 § 4, 2007). 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spo- kane County auditor’s office and submit copies of the recorded documents to the Spokane County assessor’s office. All fees for such recording shall be paid by the applicant prior to recording. (Ord. 09-002 § 6, 2009; Ord. 07-015 § 4, 2007). 21-1 (Revised 12/07) Title 21 ENVIRONMENTAL CONTROLS Chapters: 21.10 Authority 21.20 State Environmental Policy Act 21.30 Floodplain Regulations 21.40 Critical Areas 21.50 Shoreline Management and Restoration Program 21-3 (Revised 8/13) Spokane Valley Municipal Code 21.20.030 Chapter 21.10 AUTHORITY Sections: 21.10.010 Purpose. 21.10.010 Purpose. This chapter implements the environmental goals and policies outlined in Chapter 8, Natural Environment, of the Spokane Valley Comprehen- sive Plan identified as the Shoreline Management and Restoration Program (SMP) and the State Environmental Policy Act (SEPA). Critical areas identified by this chapter include flood hazard (floodprone) areas, shorelines, wetlands, fish and wildlife habitat, geo-hazard areas, and critical aquifer recharge areas. (Ord. 07-015 § 4, 2007). Chapter 21.20 STATE ENVIRONMENTAL POLICY ACT Sections: 21.20.010 Purpose. 21.20.020 Designation of responsible official. 21.20.030 Lead agency determination and agency responsibilities. 21.20.040 Categorical exemptions. 21.20.050 Environmental checklist. 21.20.060 Threshold determination. 21.20.070 Threshold determination – Determination of nonsignificance (DNS). 21.20.080 Threshold determination – Mitigated determination of nonsignificance (MDNS). 21.20.090 Optional DNS process. 21.20.100 Threshold determination – Determination of significance (DS). 21.20.110 Environmental impact statement. 21.20.120 Environmental impact statement – Preparation. 21.20.130 Commenting. 21.20.140 Using existing environmental documents. 21.20.150 SEPA agency decisions, conditions, and appeals. 21.20.160 Definitions. 21.20.170 Forms. 21.20.010 Purpose. This chapter implements the State Environmen- tal Policy Act (SEPA), RCW 43.21C.120 and Chapter 197-11 WAC. (Ord. 07-015 § 4, 2007). 21.20.020 Designation of responsible official. For those proposals for which the City is lead agency, the responsible official shall be the com- munity development director (director). The responsible official shall make the threshold deter- mination, supervise scoping and preparation of any required environmental impact statement, and per- form any other functions assigned to the lead agency or responsible official. (Ord. 07-015 § 4, 2007). 21.20.030 Lead agency determination and agency responsibilities. A. When an application is filed for a nonex- empt action or the City initiates a nonexempt action, the responsible official shall determine the lead agency for that proposal pursuant to WAC 21.20.040 (Revised 8/13)21-4 197-11-050 and 197-11-922 through 197-11-940, unless a lead agency has been previously identified or the responsible official is aware that another department or agency is in the process of determin- ing the lead agency. B. When the City is not the lead agency for a proposal, all departments of the City shall use and consider as appropriate either the determination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a determination of nonsig- nificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. C. If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the City must petition the Depart- ment of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City shall be initiated by the responsible official. D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944. E. The responsible official shall require suffi- cient information from the applicant to identify other agencies with jurisdiction. (Ord. 07-015 § 4, 2007). 21.20.040 Categorical exemptions. Categorical exemptions are set forth in WAC 197-11-800. A. Application. If a proposal fits within any of the exemptions set forth in this section, the pro- posal shall be categorically exempt from the threshold determination requirements of WAC 197-11-720, except as follows: 1. The proposal includes an activity that is not exempt under WAC 197-11-908, Critical areas; or 2. The proposal is a segment of a proposal that includes a series of actions, physically or func- tionally related to each other, some of which are categorically exempt and some of which are not; or 3. The proposal includes, or is a part of, a series of exempt actions that are physically or func- tionally related to each other and that together may have a probable significant adverse impact in the judgment of an agency with jurisdiction. B. Flexible Thresholds. The City adopts the fol- lowing exempt levels for new construction pursu- ant to WAC 197-11-800(1)(c): 1. For single-family residential dwelling units, up to 30 dwelling units. 2. For multifamily residential dwelling units, up to 60 units. 3. For barn, loafing shed, farm equipment storage, produce storage or packing structure buildings, up to 40,000 square feet. 4. For office, school, commercial, recre- ational, service or storage buildings, up to 30,000 square feet of gross floor area and with associated parking facilities designed for up to 90 parking spaces. This exemption includes stand-alone park- ing lots. 5. For landfills and excavations, up to 1,000 cubic yards. C. Procedure. The agency or applicant may proceed with the exempt aspects of a proposal prior to conducting environmental review of the nonex- empt aspects of a proposal; provided, that the requirements of WAC 197-11-070 are met. D. Written Findings. The lead agency is not required to document that a proposal is categori- cally exempt; however, the lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency’s files. (Ord. 13-004 § 3, 2013; Ord. 07- 015 § 4, 2007). 21.20.050 Environmental checklist. A completed environmental checklist shall be filed prior to or at the same time as an application for a permit, license, certificate, or other approval not categorically exempt. A checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. A. This checklist has been modified pursuant to WAC 197-11-960 and shall be in the form identi- fied in SVMC 21.20.170(A). B. For private proposals, the City will require the applicant to complete the environmental check- list. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. During the review of the environmental checklist, the staff will review and if necessary return the checklist to the appli- cant for revisions and/or additional information. Spokane Valley Municipal Code 21.20.050 21-4.1 (Revised 8/13) City staff may also make minor changes or addi- tions to the environmental checklist. C. For projects submitted under an approved planned action under WAC 197-11-164 and 197- (Revised 8/13)21-4.2 This page intentionally left blank. 21-5 (Revised 12/07) Spokane Valley Municipal Code 21.20.070 11-168, the City shall use its existing environmen- tal checklist form or may modify the environmen- tal checklist form as provided in WAC 197-11- 315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-day review prior to use. (Ord. 07-015 § 4, 2007). 21.20.060 Threshold determination. A threshold determination is required pursuant to WAC 197-11-310. Within 90 days of issuing a letter of completeness for the application and envi- ronmental checklist, the responsible official shall either make a threshold determination or notify the applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request that the decision be post- poned for an additional 30 days to allow the responsible official to evaluate mitigation mea- sures proposed by the applicant. The responsible official shall grant such extension, if requested. (Ord. 07-015 § 4, 2007). 21.20.070 Threshold determination – Determination of nonsignificance (DNS). A. The responsible official may issue a DNS pursuant to WAC 197-11-340 if there will be no probable significant adverse impacts from a pro- posal. The lead agency shall prepare and issue a DNS substantially in the form provided in WAC 197-11-970. B. When a DNS is issued for any of the propos- als listed in subsection (B)(1) of this section, the requirements of this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process set forth in SVMC 21.20.090 is used. 1. An agency shall not act upon a proposal for 14 days after the date of issuance of a DNS if the proposal involves: a. Another agency with jurisdiction; b. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197- 11-880; c. Issuance of clearing or grading permits not exempted under SVMC 21.20.040; d. A DNS under WAC 197-11-350(2) or (3) or 197-11-360(4); or e. An action related to the requirements of the Growth Management Act. 2. The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivi- sion whose public services would be changed as a result of implementation of the proposal, and shall give notice pursuant to SVMC 21.20.130(A). 3. Any person, affected tribe, or agency may submit comments to the lead agency within 14 days of the date of issuance of the DNS. 4. The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available. 5. An agency with jurisdiction may assume lead agency status only within the 14-day comment period pursuant to WAC 197-11-948. 6. The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS and/or supporting docu- ments. When a DNS is modified, the lead agency shall send the modified DNS to agencies with juris- diction. C. The lead agency shall withdraw a DNS if: 1. There are substantial changes to the pro- posal so that the proposal is likely to have signifi- cant adverse environmental impacts; or 2. There is significant new information indi- cating, or on, a proposal’s probable significant adverse environmental impacts; or 3. The DNS was procured by misrepresenta- tion or lack of material disclosure; if such DNS resulted from actions of an applicant, any subse- quent environmental checklist on the proposal shall be prepared directly by the lead agency or a consultant at the expense of the applicant. D. If the lead agency withdraws a DNS, the lead agency shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued, each agency with jurisdiction shall commence action to suspend, modify or revoke any approvals until the necessary environmental review has occurred (WAC 197-11-070). (Ord. 07- 015 § 4, 2007). 21.20.080 (Revised 12/07)21-6 21.20.080 Threshold determination – Mitigated determination of nonsignificance (MDNS). A. The responsible official may issue a MDNS based on conditions attached to the proposal by the responsible official or on changes to or clarifica- tion of the proposal made by the applicant in a manner consistent with WAC 197-11-350. B. An applicant may request in writing early notice of whether a DS is likely under WAC 197- 11-350. The request must: 1. Follow submission of a complete permit application and environmental checklist for a non- exempt proposal for which the department is lead agency; and 2. Precede the agency’s actual threshold determination for the proposal. C. The responsible official or a designee shall respond in writing to the request for early notice within 14 days unless otherwise agreed to. The response shall: 1. Be in writing; and 2. State whether the City currently considers issuance of a DS likely, and if so, indicate the gen- eral or specific area(s) of concern leading the City to consider a DS; and 3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/ or permit application as necessary to reflect the changes or clarifications. D. The City’s written response under the sub- sections above shall not be construed as a DS. In addition, preliminary discussions of clarifications or changes to a proposal, shall not bind the City to consider the clarifications or changes in its thresh- old determination. E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official shall base the threshold determination on the changed or clarified proposal. 1. If the responsible official indicated spe- cific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to WAC 197- 11-340(2). 2. If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant’s proposed mitigation mea- sures (clarifications, changes or conditions) must be in writing and must be specific. 4. Mitigation measures which justify issu- ance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, stud- ies or other documents. F. A MDNS is issued either under WAC 197- 11-340(2) requiring a 14-day comment period unless otherwise established by agency procedure and public notice pursuant to SVMC 21.20.130, or under WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application. G. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. (Ord. 07-015 § 4, 2007). 21.20.090 Optional DNS process. A. If the City has a reasonable basis for deter- mining significant adverse environmental impacts are unlikely, it may use a single integrated com- ment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued; refer to subsection D of this section. B. If the lead agency uses the optional DNS process specified in subsection A of this section, the lead agency shall: 1. State on the first page of the notice of application that it expects to issue a DNS for the proposal and that: a. The optional DNS process is being used; b. This may be the only opportunity to comment on the environmental impacts of the pro- posal; c. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitiga- tion measures regardless of whether an EIS is pre- pared; and d. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. In addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution. 21-7 (Revised 12/07) Spokane Valley Municipal Code 21.20.120 2. List in the notice of application the condi- tions being considered to mitigate environmental impacts, if a MDNS is expected. 3. Comply with the requirements for a notice of application in Chapter 17.80 SVMC and public notice in SVMC 21.20.130(A). 4. Send the notice of application and envi- ronmental checklist to: a. Agencies with jurisdiction, the Depart- ment of Ecology, affected tribes, and each local agency or political subdivision whose public ser- vices would be changed as a result of implementa- tion of the proposal; and b. Anyone requesting a copy of the envi- ronmental checklist for the specific proposal. C. If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948. D. The responsible official shall consider timely comments on the notice of application and take one of the following actions: 1. Issue a DNS or MDNS with no comment period using the procedures in subsection E of this section; 2. Issue a DNS or MDNS with a comment period using the procedures in subsection E of this section, if the lead agency determines a comment period is necessary; 3. Issue a DS; or 4. Require additional information or studies prior to making a threshold determination. E. If a DNS or mitigated DNS is issued under subsection (D)(1) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdic- tion, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. (Ord. 07-015 § 4, 2007). 21.20.100 Threshold determination – Determination of significance (DS). If the responsible official determines that a pro- posal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of signifi- cance (DS) substantially in the form substantially in the form provided in WAC 197-11-980. The DS shall contain the information as set forth in WAC 197-11-360. An environmental impact statement shall be prepared for projects for which a DS threshold determination has been issued consistent with the appropriate sections of this title and refer- enced sections of the WAC. (Ord. 07-015 § 4, 2007). 21.20.110 Environmental impact statement. An environmental impact statement (EIS) is required for project and nonproject actions that may have a significant adverse impact on the envi- ronment as more specifically set forth in WAC 197-11-330 and shall be prepared pursuant to WAC 197-11-400 through 197-11-460. (Ord. 07- 015 § 4, 2007). 21.20.120 Environmental impact statement – Preparation. A. Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have expertise and experience in preparing envi- ronmental impact statements and shall be approved in writing by the responsible official before partic- ipating in the EIS process. B. Preparation of environmental impact state- ments, supplemental environmental impact state- ments, and other environmental documentation shall be under the direction of the responsible offi- cial. The documents may be prepared by the City staff, or by a consultant approved and directed by the City; however, all costs involved in the prepa- ration of an EIS shall be borne by the applicant. The responsible official shall notify the applicant of the City’s procedure for preparation, and distri- bution of the draft and final environmental impact statement. C. The City may require an applicant to provide information the City does not possess, including specific investigations relating to elements of the environment, if such information is required under this chapter or another statute or ordinance. D. Before the City issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. E. The City may create and maintain an EIS list of qualified consultants to assist in determining the expertise and experience of consultants using, but not limited to, the following procedures: 1. Annually or biannually placing a legal notice in a newspaper of local circulation request- ing statement of qualifications (SOQ) from quali- fied consultants. 2. The City will review the SOQs and require interested consultants to submit an application package to be placed on the list. 3. The City will review the submitted mate- rials and place those consultants who are deter- 21.20.130 (Revised 12/07)21-8 mined to meet the minimum qualifications on the list. Those qualifications include, but are not lim- ited to: a. Possessing a thorough and comprehen- sive knowledge of the procedural and substantive requirements of SEPA and related regulations; and b. Possessing adequate technical and administrative capacity to produce EIS documents and/or associated technical documents. F. The table of contents shall include a list of elements of the environment as set forth in WAC 197-11-444, indicating those elements or portions of elements that do not involve significant adverse impacts. G. The City may include, at its discretion, in an EIS or its appendix, the analysis of any impact rel- evant to the City’s decision, whether or not the impact is an environmental one. This inclusion of such analysis may or may not be based upon com- ments received during the scoping process. The provision for combining documents may be used as set forth in WAC 197-11-640. The EIS shall com- ply with the formatting requirements of WAC 197- 11-400 through 197-11-500. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the require- ments of SEPA. H. If the City chooses to include a cost/benefit analysis in an EIS, such analysis shall be consistent with WAC 197-11-450. (Ord. 07-015 § 4, 2007). 21.20.130 Commenting. The rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hear- ings are set forth below as well as in WAC 197-11- 500 through 197-11-570. A. Public Notice. Whenever possible, the City shall integrate the public notice requirement of this section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal. When the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City shall give public notice as follows: 1. If public notice is required for a nonex- empt license by other regulations, that notice shall state whether a DS or DNS has been issued and when comments are due. 2. If an environmental document is issued concurrently with the notice of application, the public notice requirements as set forth in Chapter 17.80 SVMC will suffice to meet the public notice requirements in WAC 197-11-510(1). 3. If no public notice is otherwise required for the permit or approval, the lead agency shall give notice of the DNS or DS as provided for in WAC 197-11-510 and locally adopted rules and regulations. 4. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application as set forth in Chapter 17.80 SVMC as supplemented by the requirements in WAC 197- 11-355, will suffice to meet the public notice requirements in WAC 197-11-510(1)(b). 5. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197- 11-620, notice of the availability of these docu- ments shall be given by the following: a. Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and prior to the first public hearing regarding a nonexempt license. b. Selecting one or more of the following notification methods: i. Posting the property for site-specific proposals pursuant to the administrative proce- dures for the underlying action; ii. Publishing a legal notice in a news- paper of general circulation; iii. Notifying public or private groups which have expressed an interest in a certain pro- posal, or in the type of proposal being considered; iv. Notifying the news media; v. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; vi. Publishing notice in newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas). 6. The City may require an applicant to com- plete the public notice requirements for the pro- posal at his or her expense or otherwise may charge a fee sufficient to cover the lead agency’s entire cost of meeting the public notice requirements. B. Response to a Consultation Request. The director of the department with appropriate exper- tise shall be responsible for preparation of written comments for an agency in response to a consulta- tion request prior to a threshold determination, par- ticipation in scoping, and reviewing DEIS in a manner consistent with WAC 197-11-550. (Ord. 07-015 § 4, 2007). 21-9 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.140 Using existing environmental documents. Existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) may be used for an agency’s own environmental compliance in a manner consistent with WAC 197-11-164 through 197-11-172 and WAC 197-11-600 through 197-11-640. (Ord. 07- 015 § 4, 2007). 21.20.150 SEPA agency decisions, conditions, and appeals. A. SEPA decisions to mitigate anticipated impacts or deny proposals shall be made in a man- ner consistent with WAC 197-11-650 and 197-11- 660. The City, in making its determination shall consider relevant environmental documents, alter- natives, and mitigation measures as set forth in WAC 197-11-655. B. The City may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license; 2. Such conditions are in writing; 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; 4. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identi- fied impacts; and 5. Such conditions are based on one or more policies in subsection C of this section and cited in the license or other decision document. C. The City may deny a permit or approval for a proposal on the basis of SEPA provided that: 1. A finding is made that approving the pro- posal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement (FEIS) or final supplemental environmental impact statement (SEIS) prepared pursuant to this chapter; and 2. A finding is made that there are no reason- able mitigation measures capable of being accom- plished that are sufficient to mitigate the identified impact; and 3. The denial is based on one or more poli- cies identified in subsection D of this section and identified in writing in the decision document. D. Pursuant to RCW 43.21.060 and WAC 197- 11-060(a) and 197-11-902 the City adopts the fol- lowing policies as the basis for the imposition of mitigating conditions as set forth in this chapter: 1. The City shall use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, func- tions, programs and resources to the end that the state and its citizens may: a. Fulfill the responsibilities of each gen- eration as trustee of the environment for succeed- ing generations; b. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unin- tended consequences; d. Preserve important historic, cultural and natural aspects of our national heritage; e. Maintain, wherever possible, an envi- ronment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsi- bility to contribute to the preservation and enhancement of the environment. E. Except for permits and variances issued pur- suant to Chapter 90.58 RCW (the Washington State Shorelines Management Act) and rules pro- mulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable in accor- dance with Chapter 17.90 SVMC. (Ord. 07-015 § 4, 2007). 21.20.160 Definitions. Uniform usage and definitions of terms under SEPA are set forth in WAC 197-11-700 through 197-11-792. (Ord. 07-015 § 4, 2007). 21.20.170 Forms. The City adopts the following forms attached as Appendix 21-A through 21-F for use in carrying out the local SEPA procedures: 21.20.170 (Revised 12/07)21-10 A. Appendix 21-A – Environmental Checklist (A). 21-11 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-12 21-13 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-14 21-15 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-16 21-17 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-18 21-19 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-20 21-21 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-22 21-23 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 21.20.170 (Revised 12/07)21-24 B. Appendix 21-B – Notice of Assumption of Lead Agency Status (B). 21-25 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 C. Appendix 21-C – Determination of Significance and Scoping Notice (DS) (C). 21.20.170 (Revised 12/07)21-26 D. Appendix 21-D – Determination of Nonsignificance (DNS) (D). 21-27 (Revised 12/07) Spokane Valley Municipal Code 21.20.170 E. Appendix 21-E – Adoption Notice (E). 21.20.170 (Revised 12/07)21-28 F. Appendix 21-F – Notice of Action (F). (Ord. 07-015 § 4, 2007). 21-29 (Revised 9/10) Spokane Valley Municipal Code 21.30.070 Chapter 21.30 FLOODPLAIN REGULATIONS Sections: 21.30.010 Purpose and applicability. 21.30.020 Basis for establishing areas of special flood hazard. 21.30.030 Compliance and enforcement. 21.30.040 Abrogation and greater restrictions. 21.30.050 Interpretation. 21.30.060 Warning and disclaimer of liability. 21.30.070 Administration. 21.30.080 Variances. 21.30.090 Provisions for flood hazard reduction. 21.30.100 Additional requirements. 21.30.110 Critical facilities. 21.30.010 Purpose and applicability. The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdic- tion of Spokane Valley, Washington, and shall be administered in conformance with the National Flood Insurance Act, as amended (codified in 44 CFR 60) and “A Summary of NFIP Policy for Local Officials,” FEMA Region 10 Mitigation Division, July 2001. (Ord. 07-015 § 4, 2007). 21.30.020 Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insur- ance Study for Spokane County, Washington, and Incorporated Areas,” dated July 6, 2010, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley floodplain administra- tor. (Ord. 10-010 § 2, 2010; Ord. 07-015 § 4, 2007). 21.30.030 Compliance and enforcement. No structure or land shall hereafter be con- structed, located, extended, converted, or altered without full compliance with the terms of this chapter. Enforcement procedures for violations of this chapter shall be in conformance with Chapter 17.100 SVMC. (Ord. 07-015 § 4, 2007). 21.30.040 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 07-015 § 4, 2007). 21.30.050 Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 07-015 § 4, 2007). 21.30.060 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 07-015 § 4, 2007). 21.30.070 Administration. A. Development Permit Required. A develop- ment permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes, as defined in Appendix A, and for all devel- opment including fill and other activities, also defined in Appendix A. B. Application for Development Permit. Appli- cation for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and ele- vations of the area in question; existing or pro- posed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specif- ically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all struc- tures recorded on a current elevation certificate (FF 21.30.080 (Revised 9/10)21-30 81-31) with Section B completed by the local offi- cial; 2. Elevation in relation to mean sea level to which any structure has been flood-proofed; 3. Certification by a registered professional land surveyor, engineer or architect that the flood- proofing methods for any nonresidential structure meet the flood-proofing criteria in SVMC 21.30.090(C)(2); and 4. Description of the extent to which a water- course will be altered or relocated as a result of pro- posed development. C. Designation of the Local Administrator. The community development director is hereby desig- nated as floodplain administrator and appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. D. Duties and responsibilities of the local administrator shall include, but not be limited to: 1. Review all development permits to deter- mine that the permit requirements of this chapter have been satisfied. 2. Review all development permits to deter- mine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. 3. Review all development permits to deter- mine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of SVMC 21.30.090(C)(7) are met. 4. When base flood elevation data has not been provided (A and V Zones) in accordance with SVMC 21.30.020, Basis for establishing areas of special flood hazard, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer SVMC 21.30.090(C), Specific Stan- dards, and SVMC 21.30.090(C)(7), Floodways. 5. Where base flood elevation data is pro- vided through the Flood Insurance Study, FIRM, or required as in subsection (D)(4) of this section, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement shall be recorded on a current elevation certificate (FF 81- 31) with Section B completed by the local admin- istrator. 6. For all new or substantially improved flood-proofed structures where base flood eleva- tion data is provided through the Flood Insurance Study, FIRM, or as required in subsection (D)(4) of this section, the local administrator shall: a. Obtain and record the elevation (in rela- tion to mean sea level) to which the structure was flood-proofed; and b. Maintain the flood-proofing certifica- tions required in subsection (B)(3) of this section; and c. Maintain for public inspection all records pertaining to the provisions of this chapter. 7. The local administrator shall: a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 8. The local administrator shall make inter- pretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field con- ditions). The person contesting the interpretation of the floodplain administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in Chapter 17.90 SVMC, Appeals. 9. The local administrator is expressly autho- rized to require compliance with all federal and state permit requirements, and may require Letters of Map Amendment (LOMA) and Conditional Let- ters of Map Revision (CLOMR), particularly where a proposal identifies a floodplain location that is different from that set forth on the official FIRM. (Ord. 07-015 § 4, 2007). 21.30.080 Variances. A. Decision on Variances. 1. The duly appointed hearing examiner shall hear and decide requests for variances from the requirements of this section following notice of not less than 15 days and public hearing. The con- tents of the appeal shall be as set forth in Chapter 17.90 SVMC. Appeal procedures shall be as set forth in Chapter 17.90 SVMC. The decision or determination of the hearing examiner shall be final unless appealed pursuant to Chapter 36.70C RCW. 2. In passing upon such applications, the hearing examiner shall consider all technical eval- 21-31 (Revised 12/07) Spokane Valley Municipal Code 21.30.090 uations, all relevant factors, standards specified in other sections of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facil- ity and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services pro- vided by the proposed facility to the community; e. The necessity to the facility of a water- front location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flood- ing or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the Comprehensive Plan and floodplain manage- ment program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehi- cles; j. The expected heights, velocity, dura- tion, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, includ- ing maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 3. Upon consideration of the factors and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The City shall maintain the records of all appeal actions and report any variances to the Fed- eral Insurance Administration upon request. B. Conditions for Variances. 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (A)(2)(a) through (k) of this section have been fully consid- ered. As the lot size increases, the technical justifi- cation required for issuing the variance increases. 2. Variances may be issued for the recon- struction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. 3. Variances shall not be issued within a des- ignated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. A showing of good and sufficient cause, pursuant to subsection (A)(2) of this section; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with exist- ing local laws or ordinances. 6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. 7. Variances may be issued for nonresiden- tial buildings in very limited circumstances to allow a lesser degree of flood-proofing than water- tight or dry flood-proofing, where it can be deter- mined that such action will have low damage potential, complies with all other variance criteria except subsection (B)(1) of this section, and other- wise complies with SVMC 21.30.090(A)(1), (2) and (3) of the general standards. 8. Any applicant to whom a variance is granted shall be given written notice that the struc- ture will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 9. Any appeal of a decision or determination of the local administrator is a decision on a Type II application. An appeal of the decision shall be made pursuant to Chapter 17.90 SVMC. (Ord. 07- 015 § 4, 2007). 21.30.090 Provisions for flood hazard reduction. A. General Standards. In all areas of special flood hazards, the following standards are required: 21.30.090 (Revised 12/07)21-32 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flota- tion, collapse, or lateral movement of the structure. b. Where permitted pursuant to subsec- tion (C)(3) of this section, all manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood dam- age. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufac- tured Home Installation in Flood Hazard Areas” guidebook for additional techniques). 2. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide flood waters around and away from proposed structures. 3. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumb- ing, and air-conditioning equipment and other ser- vice facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; b. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171); c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and d. On-site waste disposal systems shall be located to avoid impairment to them or contamina- tion from them during flooding. 5. Subdivision and Other Proposed Develop- ments. a. All development proposals shall be consistent with the need to minimize flood dam- age; b. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and con- structed to minimize or eliminate flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for all short subdivision and subdivision proposals and binding site plans; e. Pursuant to RCW 58.17.120, no plat shall be approved for any land situated within the 100-year floodplain as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology of the state of Washington. B. Review of Building Permits. Where eleva- tion data is not available either through the Flood Insurance Study, FIRM, or from another authorita- tive source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the floodplain administrator’s judgment and includes, but is not limited to, use of historical data, high-water marks, photographs of past flooding, etc., where available. The floodplain administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. C. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided (Zones A1 – 30, AH, and AE) as set forth in SVMC 21.30.020, Basis for establishing areas of special flood hazard, or SVMC 21.30.070(D)(4) relating to use of other base flood data, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydro- static flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: i. A minimum of two openings having a total net area of not less than one square inch for 21-33 (Revised 12/07) Spokane Valley Municipal Code 21.30.090 every square foot of enclosed area subject to flood- ing shall be provided. ii. The bottom of all openings shall be no higher than one foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. 2. Nonresidential Construction. New con- struction and substantial improvement of any com- mercial, industrial or other nonresidential structure shall either have the lowest floor, including base- ment, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans; d. Nonresidential structures that are ele- vated, not flood-proofed, must meet the same stan- dards for space below the lowest floor; e. Applicants flood-proofing nonresiden- tial buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building flood-proofed to the base flood level will be rated as one foot below). 3. Manufactured Homes. All manufactured homes in the floodplain to be placed or substan- tially improved shall be elevated on a permanent foundation such that the lowest floor of the manu- factured home is elevated one foot or more above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse and lateral movement; provided, however, that manufactured homes to be placed on substantially improved sites in an exist- ing manufactured home park or subdivision which has not experienced substantial damage as a result of flooding shall be elevated so that either: a. The bottom of the crawlspace of the manufactured home is elevated one foot or more above the base flood elevation; or b. The manufactured home chassis is sup- ported by reinforced piers or other foundation ele- ments of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foun- dation system to resist flotation, collapse, and lat- eral movement. 4. Recreational Vehicles. Recreational vehi- cles placed on sites are required to either: a. Be on the site for fewer than 180 con- secutive days; or b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 5. AE and A1 – 30 Zones with Base Flood Elevations but No Floodways. a. In areas where a regulatory floodway has not been designated, no new construction, sub- stantial improvements, or other development (including fill) shall be permitted within Zones A1 – 30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. b. In the unnumbered A zones, the devel- opment may not increase the water surface eleva- tion of the base flood by more than one foot at any point. c. In the A zones where base flood eleva- tions have been provided, but floodways have not been established, the development may not increase the surface water elevation of the base flood by more than one-tenth of a foot at any point. d. All adjacent or other property owners impacted by the development within the floodplain must give their written, notarized approval for any increased base flood elevations upon their prop- erty. 6. A Zones with Base Flood Elevations and Floodways Established. In the A zones where base flood elevations have been provided and flood- ways have been established, the development may not increase the surface water elevation of the base flood at any point. 7. Floodways. Located within areas of spe- cial flood hazard are areas designated as flood- ways. Since the floodway is an extremely hazardous area due to the velocity of flood waters 21.30.090 (Revised 12/07)21-34 which carry debris, potential projectiles, and ero- sion potential, the following provisions apply: a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a regis- tered professional engineer is provided demon- strating through hydrologic and hydraulic analyses performed in accordance with standard engineer- ing practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. b. Construction or reconstruction of resi- dential structures is prohibited within designated floodways, except for: (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: (A) before the repair, or reconstruction is started; or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing vio- lations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living condi- tions or to structures identified as historic places may be included in the 50 percent. c. If the provisions of this section are sat- isfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. 8. Water-Dependent Works. For water- dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial water supply, flood control and/or hydroelectric production; water diversion structures and facili- ties for water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facil- ities and appurtenant structures; structural and non- structural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: a. The applicant shall supply convincing evidence that a flood fringe and/or floodway loca- tion is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this title and rel- evant local, state and federal regulations. b. In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the state of Washington to be capable of with- standing 100-year flood flows and velocities. c. For any works that impound water, the applicant shall provide documentation of ease- ments, flowage rights or ownership of the impoundment area and certification by a profes- sional civil engineer registered as such by the state of Washington that the works will cause no increase in the 100-year flood elevation outside the impoundment areas and that the works and associ- ated impoundment area will not impair the ability of natural drainage ways to drain flood waters ade- quately during a flooding event. 9. Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flood- ing is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provi- sions apply: a. New construction and substantial improvements of residential structures and manu- factured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). b. New construction and substantial improvements of nonresidential structures within AO zones shall either: i. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified); or ii. Together with attendant utility and sanitary facilities, be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially imper- meable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect. 21-35 (Revised 9/10) Spokane Valley Municipal Code 21.40.020 c. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. d. Recreational vehicles placed on sites within AO Zones on the community’s FIRM either: i. Be on the site for fewer than 180 con- secutive days; ii. Be fully licensed and ready for high- way use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no perma- nently attached additions. (Ord. 07-015 § 4, 2007). 21.30.100 Additional requirements. A. In all storage areas designated on the FIRM, there shall be no net loss of flood storage or infil- tration capacity. B. No development shall be allowed which removes flood storage volume unless an equal vol- ume of storage as defined by the pre-development ground surface and the base flood elevation is pro- vided in the immediate area of the proposed devel- opment to compensate for the volume of storage which is lost (compensatory storage). Excavation below the ground water table shall not constitute an equal volume of storage. C. No obstruction shall be permitted in any storage area which restricts or diminishes flood water conveyance capacity or floodway character- istics. (Ord. 07-015 § 4, 2007). 21.30.110 Critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year flood- plain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities con- structed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood (Shaded Zone X), whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 07-015 § 4, 2007). Chapter 21.40 CRITICAL AREAS Sections: 21.40.010 Purpose. 21.40.020 Wetlands. 21.40.030 Fish and wildlife habitat conservation areas. 21.40.040 Adjustment of habitat buffer areas. 21.40.050 Geologically hazardous areas. 21.40.060 Critical aquifer recharge areas. 21.40.070 Reasonable use determination. 21.40.010 Purpose. WAC 365-195-410 requires that critical areas be designated and that regulations to protect them be adopted. Critical areas include wetlands, areas of critical recharging effect on aquifers used for potable water; fish and wildlife habitat conserva- tion areas, frequently flooded areas; and geologi- cally hazardous areas. (Ord. 07-015 § 4, 2007). 21.40.020 Wetlands. A. Wetland Classification and Rating. Wetland areas mean areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under nor- mal circumstances do support, a prevalence of veg- etation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally cre- ated from non-wetland sites, including, but not lim- ited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas cre- ated to mitigate conversion of wetlands (RCW 36.70A.030(21)). Wetlands areas are identified in Chapter 8 of the Spokane Valley Comprehensive Plan in conform- ance with the Washington State Wetlands Identifi- cation and Delineation Manual (Ecology Publication No. 96-94), March 1997, as it may be amended from time to time, which classifies wet- lands. Wetland scoring is based on the Washington State Wetland Rating System for Eastern Washing- ton (Ecology Publication No. 04-06-15, or as amended). 21.40.020 (Revised 9/10)21-36 1. Category I wetlands are those that repre- sent a unique or rare wetland type; are more sensi- tive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or provide a high level of function. a. Alkali wetlands; b. Wetlands that are identified by scien- tists of the Washington Natural Heritage Program/ DNR as high quality wetlands; c. Bogs; d. Mature and old-growth forested wet- lands over one-quarter acre with slow-growing trees; e. Forests with stands of aspen; and f. Wetlands that perform many functions very well (scores of 70 points or more). 2. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions and include: a. Forested wetlands in the floodplains of rivers; b. Mature and old-growth forested wet- lands over one-quarter acre with fast-growing trees; c. Vernal pools; and d. Wetlands that perform functions well (scores between 51 to 69 points). 3. Category III wetlands include: a. Vernal pools that are isolated; and b. Wetlands with a moderate level of functions (scores between 30 to 50 points). 4. Category IV wetlands have the lowest level of functions and are often heavily disturbed. These wetlands may provide important functions and shall be replaced or restored. B. Wetland Buffer Areas. 1. Exemptions. a. Wetlands less than 1,000 square feet in area where the area is not associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, or does not contain habi- tat identified as essential for local populations of priority species. b. Category III and IV wetlands of less than 4,000 square feet in area where the area is not associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, does not contain habitat identified as essential for local populations of priority species scoring less than 20 points or less on the Eastern Washington Rating System and is not required for biofiltration of stormwater. c. An exemption under this section does not relieve the proponent for providing full mitiga- tion through restoration or replacement. 2. Buffers. a. Wetland buffer areas shall be required for all regulated uses and activities adjacent to wet- lands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as determined in the field. b. The width of wetland buffers shall be established by one of the following methods: i. Alternative 1. Width based only on wetland category. ii. Alternative 2. Width based on wet- land category and the intensity of impacts from proposed changes in land use. Land use intensity shall be determined as follows: Table 21.40-1 – Wetland Buffer Width Wetland Category Minimum Buffer Width (in feet) I 250 II 200 III 150 IV 50 21-37 (Revised 12/07) Spokane Valley Municipal Code 21.40.020 iii. Alternative 3. Width based on wet- land category, intensity of impacts, and wetland functions or special characteristics. This alterna- tive has two options for determining the widths of buffers when they are based on the score for habi- tat. Alternative 3 provides three buffer widths based on habitat scores. Where more than one width applies based on score for function or based on special characteristics, the calculation providing the widest buffer shall be used. Table 21.40-2 – Wetland Impact Impact from Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations * High Commercial, industrial and institutional Residential (more than 1 unit/acre) High-intensity recreation (golf courses, ball fields, etc.) Moderate Residential (1 unit/acre or less) Moderate-intensity active open space (parks with biking, jogging, etc.) Paved trails Utility corridor with access/maintenance road Low Passive open space (hiking, bird-watching, etc.) Unpaved trails Utility corridor without road or vegetation management Table 21.40-3 – Wetland Intensity Impact Buffer Wetland Category Minimum Buffer Width (in feet) Low Impact Moderate Impact High Impact I 125 190 250 II 100 150 200 III 75 110 150 IV 25 40 50 Table 21.40-4 – Wetland Buffers by Habitat Score Wetland Category Habitat Score Minimum Buffer Width (in feet) Low Impact Moderate Impact High Impact I 29 – 36 100 150 200 20 – 28 75 110 150 < 20 50 75 100 II 29 – 36 100 150 200 20 – 28 75 110 150 < 20 50 75 100 III 20 – 28 75 110 150 > 28 40 60 80 IV N/A 25 40 50 21.40.020 (Revised 12/07)21-38 3. Additional buffer area width may be required by the director if: a. The wetland includes a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensi- tive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or b. The adjacent land has a slope of 30 per- cent or more adjacent to the wetland, the buffer area may be increased by 50 percent. 4. Reduction of Standard Wetland Buffer Area Width. a. The standard wetland buffer area width scored moderate or high for habitat may be reduced if: i. A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habi- tats; and ii. The protected area is preserved by means of easement, covenant or other measure; and iii. Measures identified in subsection (B)(4)(b) of this section are taken to minimize the impact of any proposed land use. b. The standard wetland buffer area width scored less than 20 for habitat may be reduced to that for moderate land use impact where the fol- lowing mitigation measures are approved by the City: 5. Standard Buffer Width Averaging. a. Standard wetland buffer area width may be averaged if all of the following conditions exist: i. The wetland has significant differ- ences in characteristics that affect its habitat func- tions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adja- cent to a lower rated area. ii. The buffer is increased adjacent to the higher-functioning area of habitat or more sen- sitive portion of the wetland and decreased adja- cent to the lower-functioning or less sensitive portion. iii. The total area of the buffer after averaging is equal to the area required without averaging. iv. The buffer at its narrowest point is never less than three-quarters of the required width. Table 21.40-5 – Wetland Special Characteristic Buffers Special Characteristic Low Impact Moderate Impact High Impact Vernal Pool 100 150 200 Vernal Pool with Regional Plan* 40 60 80 Natural Heritage Wetland 125 190 250 Bogs 125 190 250 Alkali 100 150 200 *Develop a regional plan to protect the most important vernal pool complexes. Table 21.40-6 – Disturbance Buffers Disturbance Mitigation Buffers Light Light sources are shielded from the wetland Noise Wetland is shielded from noise Stormwater runoff Biofiltration or other measures prevent introduction of unfiltered stormwater directly into the wetland Human activity Visual screening of wetlands is required Dust/particulates Parking and driveways are paved 21-39 (Revised 12/07) Spokane Valley Municipal Code 21.40.020 b. Averaging may be permitted when all of the following are met: i. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. ii. The averaged buffer will not result in degradation of the wetland’s functions and val- ues as demonstrated by a report from a qualified wetland expert. iii. The total buffer area after averaging is equal to the area required without averaging. iv. The buffer at its narrowest point is never less than three-quarters of the required width. 6. Wetland Buffer Maintenance. Except as otherwise specified, wetland buffer areas shall be retained in their natural condition. Where buffer disturbances have occurred before or during con- struction, revegetation with native vegetation shall be required. C. Wetland Mitigation Plan. When mitigation is required, the applicant shall submit a mitigation plan which shall include: 1. A written report identifying environmen- tal goals and objectives of the compensation pro- posed, including: a. A description of the anticipated impacts to the critical areas and the mitigating actions pro- posed, including the site selection criteria; mitiga- tion goals and objectives, in relation to the functions and values of the impacted critical area; and dates for beginning and completion of mitiga- tion activities; b. A review of the best available science supporting the proposed mitigation and a descrip- tion of the report author’s experience to date in restoring or creating the type of critical area pro- posed; and c. An analysis of the likelihood of success of the compensation project. 2. Measurable specific criteria for evaluating whether or not the goals and objectives of the mit- igation project have been successfully attained and whether or not the requirements of critical area reg- ulations in this chapter have been met. 3. Details of the mitigation shall include: a. The proposed construction method, sequence, timing, and duration; b. Grading and excavation details; c. Erosion and sediment control features; d. A planting plan specifying plant spe- cies, quantities, locations, size, spacing, and den- sity; and e. Measures to protect and maintain plants until established. These written specifications shall be accom- panied by detailed site diagrams, scaled cross-sec- tional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. 4. A program for monitoring construction of the mitigation project and for assessing the com- pleted project against its goals and objectives. 5. Identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project perfor- mance standards are not being met. 6. All reasonable efforts to avoid and mini- mize impacts to critical areas shall be evaluated. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its imple- mentation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; c. Rectifying the impact to wetlands, crit- ical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environ- ment to the historical conditions or the conditions existing at the time of the initiation of the project; d. Minimizing or eliminating a hazard by restoring or stabilizing the hazard area through engineered or other methods; e. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; f. Compensating for the impact to wet- lands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and g. Monitoring the hazard or other required mitigation and taking remedial action when neces- sary. 7. If compensatory mitigation is proposed, the mitigation plan shall also include the following: a. A baseline study that analyzes the exist- ing functions of the wetland and wetland buffer, functions that will be lost, and functions after mit- igation; 21.40.020 (Revised 12/07)21-40 b. Description of how lost functions will be replaced; c. Description of when mitigation will occur relative to project construction; d. Provisions for adequate monitoring to ensure success of the mitigation plan. The monitor- ing plan shall outline the approach for monitoring construction and assessment of the completed project, and shall include a monitoring schedule. A monitoring report shall be submitted to the City annually for a period of at least five years and shall document successes, problems and contingency actions of the mitigation project. Monitoring activ- ities may include, but are not limited to: i. Establishing vegetation monitoring plots to track changes in plant species composition and density over time; ii. Measuring base flow rates and stormwater runoff to model and evaluate hydro- logic predictions; iii. Sampling fish and wildlife popula- tions to determine habitat utilization, species abun- dance and diversity; and iv. Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background condi- tions; e. A contingency plan specifying what corrective actions will be taken should the mitiga- tion not be successful. 8. Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wet- lands when: a. The bank is certified under state law; b. The wetland mitigation bank provides compensation for the authorized impacts; and c. The proposed use of credits is consis- tent with the terms and conditions of the bank’s certification. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification. D. Wetland Mitigation and Restoration. Any wetland lost or degraded as a result of human activ- ity shall require an approved wetland mitigation plan, prepared by a qualified ecologist and approved by the Washington Department of Ecol- ogy, including one or more of the following mea- sures: 1. Wetland acreage replacement and mitiga- tion requirements based on the number of units impacted require replacement/mitigation accord- ing to the following table: Table 21.40-7 – Wetland Replacement and Mitigation Ratios Impacted Wetland Replacement Re-establishment/ Creation (R/C) Rehabilitation Only Combined R/C and Rehabilitation Combined R/C and Enhancement Enhancement Only Category I 1:6 1:12 1:8* 1:1 R/C and 1:6 RH* 1:1 R/C and 1:12* E 1:16* Category II 1:3 1:3 1:6 1:1 R/C and 1:4 RH 1:1 R/C and 1:8 E 1:12 Category III 1:2 1:2 1:4 1:1 R/C and 1:2 RH 1:1 R/C and 1:4 E 1:8 Category IV 1:1.5 1:5 1:3 1:1 R/C and 1:1 RH 1:1 R/C and 1:2 E 1:6 * Based on score for function ----- R/C = Re-establishment/Creation 21-41 (Revised 12/07) Spokane Valley Municipal Code 21.40.030 2. Wetland mitigation 1 may be permitted off-site if: a. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the loss within that primary drainage basin; and b. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors such as other potentially adverse impacts from surrounding land uses; or c. Existing functions off-site are signifi- cantly greater than lost wetland functional values; or d. Established goals for flood storage, flood conveyance, habitat or other wetland func- tions have been established and strongly justify off-site location of mitigation measures. E. Permits Required. A permit shall be required for all development which affects wetlands or wet- land buffers. The permit shall specify: 1. The timing and conditions of mitigation, restoration or enhancement; 2. Requirements for title notice, conserva- tion easements or plat dedication; 3. Access limitations and fencing, if required; 4. Temporary and permanent signage; and 5. Requirements for staking of wetland and buffers prior to development; and 6. The application shall be accompanied by a report prepared by a certified biologist specifying the classification, scoring and justification for the selection of method and proposed replacement/cre- ation, rehabilitation, and mitigation proposed. A copy of the report shall be filed with the Washing- ton Department of Ecology. (Ord. 07-015 § 4, 2007). 21.40.030 Fish and wildlife habitat conservation areas. A. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the Comprehen- sive Plan, as it may be amended from time to time, and include wetlands, riparian, urban open space, and the habitat of native species, as defined in Appendix A. The status of individual species is included in the Washington Department of Fish and Wildlife Management Recommendations for Priority Species and in Chapter 232-12 WAC. Where differences in regulations exist as a result of overlapping priority habitat, the regulation provid- ing the highest degree of protection shall apply. B. Wetlands are located on hydric soils, support hydrophytic vegetation and are saturated with water during some portion of the growing season. C. Riparian fish and wildlife management zones are established pursuant to the classification of streams, lakes and other water bodies by the Washington Department of Natural Resources as follows: 1. “Type S water” means all waters, within their bankable width, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. 2. “Type F water” means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and period- ically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habi- tat or are described by one of the following four categories: a. Waters, which are diverted for domes- tic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be consid- ered to be Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; b. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, includ- ing tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F water designation provided the depart- ment determines after a landowner-requested on- site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that: i. The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and 1. Reference: Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Pub- lication No. 06-06-011a, March 2006) and Wetland Mit- igation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06- 011b, March 2006) 21.40.030 (Revised 12/07)21-42 ii. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; c. Waters, which are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camp- ing unit, trail or other park improvement; d. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This hab- itat shall be identified based on the following crite- ria: i. The site must be connected to a fish habitat stream and accessible during some period of the year; and ii. The off-channel water must be accessible to fish. 3. “Type Np water” means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. How- ever, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechni- cal observations then Type Np waters begin at a point along the channel where the contributing basin area is at least 300 acres. 4. “Type Ns water” means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters. D. Riparian management zones (RMZs) include three zones (measured horizontally in feet from the outer edge of the bankfull width or chan- nel migration zone, whichever is greater) estab- lished in the following Tables 21.40-9 and 21.40- 10 and zone regulations. Outer zone requirements for S and F stream types are based on DNR Eastern Washington 100-year site index range summarized as follows in Table 21.40-8: Table 21.40-8 – Outer Zone Requirements for Stream Types Site Class 100-Year Site Index Range I 120 + II 101 – 120 III 81 – 100 IV 61 – 80 V =< 60 21-43 (Revised 12/07) Spokane Valley Municipal Code 21.40.030 Table 21.40-9 – Riparian Management Zones for Streams Less Than 15 Feet in Width, Bankfull Site Class1 Core Zone Inner Zone Outer Zone Other Total Width Type S – Shorelines of the state I 30' 45' 55' n/a 130' II 30' 45' 35' n/a 110' III 30' 45' 15' n/a 90' IV 30' 45' 0' n/a 75' V 30' 45' 0' n/a 75' Type F – Natural waters not classified as shorelines of the state with fish I 30' 45' 55' n/a 130' II 30' 45' 35' n/a 110' III 30' 45' 15' n/a 90' IV 30' 45' 0' n/a 75' V 30' 45' 0' n/a 75' All Type Np – Non-fish, perennial 50' 50' All Type Ns – Non-fish, seasonal 30' 2 30' 1 Washington State Department of Natural Resources State Soil Survey2Equipment limitation zone Table 21.40-10 – Riparian Management Zones for Streams Greater Than 15 feet in Width, Bankfull Site Class Core Zone Inner Zone Outer Zone Other Total Width Type S – Shorelines of the state I 30' 70' 30' n/a 130' II 30' 70' 10' n/a 110' III 30' 70' 0' n/a 90' IV 30' 70' 0' n/a 75' V 30' 70' 0' n/a 75' Type F – Natural waters not classified as shorelines of the state with fish I 30' 70' 30' n/a 130' II 30' 70' 10' n/a 110' III 30' 70' 0' n/a 100' IV 30' 70' 0' n/a 100' V 30' 70' 0' n/a 100' All Type Np – Non-fish, perennial 50' 50' All Type Ns – Non-fish, seasonal 30' 1 30' 1 Equipment limitation zone 21.40.040 (Revised 12/07)21-44 If there is more than one site class adjacent to the stream within a proposed RMZ, the landowner has the option of using the highest site class (i.e., most protective) or segmenting out the site classes and managing them separately. 1. Core Zones. The core zone extends 30 feet measured horizontally from the edge of the bank- full width or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction is allowed in the core zone except as otherwise provided in WAC 222-30-020. Any trees cut for or damaged by yarding corridors must be left on site. Any trees cut as a result of road con- struction to cross a stream may be removed from the site unless used as part of a large woody debris replacement strategy. 2. Inner Zones. Width and leaf tree require- ments of the inner zone vary by timber habitat type specified in WAC 222-30-020. 3. Outer Zones. This zone has three catego- ries based on timber habitat type: Ponderosa pine, mixed conifer and high elevation. The width of this zone is zero to 55 feet measured horizontally from the outer edge of the inner zone depending on the site class and stream width. E. The shade requirements in WAC 222-30- 040 must be met regardless of harvest opportuni- ties provided in the inner zone RMZ rules. F. An equipment limitation zone is a 30-foot wide zone measured horizontally from the outer edge of bankfull width of a Type Np or Ns water where equipment is limited. It applies to all peren- nial and seasonal streams. On-site mitigation shall be required where ground-based equipment, skid trails or stream crossings other than existing roads exposes the soil more than 10 percent of the surface area of the zone. Mitigation must be designed to replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc. G. Except as otherwise required to reduce flooding, riparian management zones (RMZ) shall be retained or maintained in accordance with Chapter 222-30 WAC. H. None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222-24-050 or the creation and use of yarding corridors in accordance with WAC 222-30-060(1). Roads within riparian buffer areas shall be kept to a minimum and shall not run parallel to the water body. Crossings, where neces- sary, shall cross riparian areas at as near right angles as possible. If no alternative exists to place- ment of a roadway within a riparian area, mitiga- tion may be required. Mitigation measures shall be specified in a management plan and may include, but are not limited to: 1. Fencing of riparian buffer area to protect remaining vegetation; and 2. Enhancement of remaining riparian buffer area through planting of native vegetation. 3. Water crossings must be approved by the Washington State Department of Fish and Wildlife (WAC 75-20-100). I. Proposed equestrian pedestrian/bike trails shall demonstrate though “best available science” that the location and width of the trail minimizes any adverse impacts on habitat, and that measures to reduce effects during construction are imple- mented. J. Off-road motorized vehicle use in riparian buffers areas is prohibited. K. All development proposals shall follow the bald eagle protection rules (RCW 77.12.655 and WAC 232-12-292), as now or hereafter amended, when the proposal is likely to have a direct impact on the habitat of the bald eagle. (Ord. 07-015 § 4, 2007). 21.40.040 Adjustment of habitat buffer areas. A. Habitat buffer areas may be reduced by the director up to a maximum of 10 percent if a riparian buffer area is enhanced using native plants includ- ing trees and shrubs according to a plan prepared in consultation with the Spokane County Soil Conser- vation District and the Washington State Depart- ment of Fish and Wildlife. B. Habitat buffer areas may be modified by the director if averaging will provide the necessary biological, chemical and physical support neces- sary to protect the fish and wildlife. 1. The riparian area contains variations in sensitivity due to existing physical characteristics which justify the averaging; or 2. The land uses causing the least distur- bance would be located adjacent to areas where the buffer width is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restric- tion, easement or other legally binding mechanism; and 3. The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging. C. Habitat buffer areas may be increased by the director up to a maximum of 25 percent if: 21-45 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 1. The land adjacent to the water is suscepti- ble to severe erosion and other erosion control measures will not prevent adverse impacts. 2. The land adjacent to the water has mini- mal vegetative cover or slopes greater than 30 per- cent. D. This provision does not diminish the 200- foot shoreline jurisdiction applicable to shorelines of the state. E. Habitat Management Plan Required. A habi- tat management plan shall be certified by a quali- fied biologist, reviewed by the Washington State Department of Fish and Wildlife and approved in writing by the director. The plan shall include: 1. A description of the nature, density and intensity of the proposed use or activity in suffi- cient detail to allow analysis of such land use change upon identified wildlife habitat. 2. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats, identified within the priority habitat and species program. 3. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the pro- posed use or activity. 4. Habitat management recommendations, including potential uses and restrictions of the hab- itat areas, seasonally sensitive areas and other guidelines necessary for the protection of the spe- cies. 5. Proposed provisions for ensuring contin- ued protection of habitat and habitat buffer areas. 6. Conditions established by an approved habitat management plan shall be included as a condition of approval for a permit. (Ord. 07-015 § 4, 2007). 21.40.050 Geologically hazardous areas. A. Geologically hazardous areas include both erosion and landslide hazard areas where one or more of the following exist: 1. A slope of 30 percent or greater; 2. Soils identified by the Natural Resource Conservation Service as having a severe potential for erosion; 3. Hydraulic factors such as existing on-site surface and groundwater or changes in hydraulic factors, caused by proposals that create a severe potential for erosion or landslide hazard; 4. Areas that historically have been prone to landslide, areas adjacent to lakes, streams, springs, or any one of the following geologic formations: alluvium, landslide deposit, or Latah formation; 5. Areas of uncompacted fill; 6. Areas that are unstable as a result of rapid stream or stream bank erosion. B. Geo-Hazard Evaluation and Mitigation Plan Required. 1. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer, shall be pre- pared for building permits, road construction, util- ities and storm drainage facility installations within a geo-hazard area and shall be submitted with any application for preliminary plats, short plats, planned development projects, binding site plans, zone reclassifications, conditional use permits, variances, manufactured home park site plans or top soil removal permits located in geologic hazard areas. 2. The geo-hazard evaluation shall document the extent and nature of the geo-hazard on the sub- ject property and shall provide mitigating measures and an assessment of geo-hazards associated with the proposal. 3. A geo-hazard mitigation plan may be required at the time of building permit application or actual construction approvals. (Ord. 07-015 § 4, 2007). 21.40.060 Critical aquifer recharge areas. A. Classification of Aquifer Susceptibility. Critical aquifer recharge areas have prevailing geo- logic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. 1. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity (the ease with which water moves between the sur- face and aquifers), annual rainfall, the depth to aquifers, the importance of the material between soils and aquifers (vadose zone), and wellhead pro- tection information. The aquifer susceptibility map identifies these areas within Spokane Valley. 2. Designated wellhead protection areas and areas within a 1,000-foot radius of wells without reported plans are additionally treated as high-sus- ceptibility areas. As wellhead protection plans are completed for wells, the 1,000-foot radius place- holder will be replaced by the Washington State Department of Health certified wellhead protection area. 3. Regulated Uses. The following uses and activities are regulated as set forth in the following table: 21.40.060 (Revised 12/07)21-46 B. If a parcel lies within two or more suscepti- bility rating designations, the higher susceptibility rating designation shall apply to the whole parcel. C. When there are low susceptibility areas hydrologically connected to medium and high- susceptibility areas, the regulations for medium or high susceptibility areas apply. D. Development shall provide for the treatment of stormwater runoff from impervious surfaces in a manner consistent with Spokane Valley require- ments and the Stormwater Management Manual for Eastern Washington. E. Use, Handling and Storage of Critical Mate- rials. 1. Critical materials, including hazardous material and hazardous wastes, are identified in Appendix 21-G. Table 21.40-11 – Uses and Activities Regulated in Critical Aquifer Recharge Areas Susceptibility Rating High Susceptibility Rating Medium Susceptibility Rating Low Bio-solids land application ♣♣ Critical material storage, handling, generating or use * Dairy ♣*♣♣ Feed lot ♣♣ Feed mill Floriculture/horticulture ♣♣ Grazing/cultivation ♣♣ Greenhouse/nursery – commercial ♣♣ Large animal raising and/or keeping ♣♣ Orchard/tree farm ♣♣ Poultry raising, commercial ♣♣ Truck gardening/vineyard ♣♣ = Permitted without review _ = Not permitted * = Hydro-geologic study required ♣ = Agricultural practices not accessory to a residential use that impact critical aquifer recharge areas shall be mitigated by having a conservation plan prepared and the subject property shall be required to comply with approved land management and/or conservation practices that protect groundwater, as set forth in the United States Department of Agriculture Natural Resource Conservation Service (NRCS) Technical Guides, and all local, state and federal regulations and their amendments governing agricultural practices. Critical materials storage, handling, generating or use requires: 1. All facilities related to the use of critical materials shall be designed so that: a. Any spilled or leaked critical materials are contained on site; b. Any spilled or leaked critical materials cannot infiltrate into the ground; and c. No disposal of any waste containing critical materials shall be allowed on site. 2. Stormwater facilities shall be designed so that: a. Mingling of stormwater and spilled critical materials is prevented; and b. Spill cleanup procedures are enhanced. 3. Surface or subsurface disposal of a critical material is prohibited. Public sewer services consistent with concurrency requirements set forth in the Spokane County Comprehensive Plan and the Spokane County Zoning Code, or as amended, are required for all new residential and nonresidential uses. 21-47 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 Appendix 21-G HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReferenceU091 119-90-4 (1,1'-biphenyl)-4-'-diamine,3,3'-dimethoxy- 563 182 DW D,+ 8 V U236 72-57-1 [(3,3'-dimethyl)-(1,1'-biphenyl)-4,4' diyl)]-bis (azo) bis (5-amino-4-hydroxy)-,tetrasodium salt 3.1 1.00 EHW H,+ 5,8 V P039 298-04-4 0,0-diethyl S-[2-(ethylthio)ethyl] phosphorodithioate 3.1 1.00 EHW A 2 V U087 3288-58-2 0,0-diethyl S-methyl-dithiophosphate 3.1 1.00 EHW B 2 V P040 297-97-2 0,0-diethyl-0-pyrazinyl phosphorothioate 3.1 1.00 EHW A 2 V P071 298-00-0 0,0-dimethyl 0-nitrophenyl phosphorothioate 3.1 1.00 EHW A 2 V P045 39196-18-4 0,0-dimethyl-1-(methylthio)-2-butanone,0- [(methylamino)carbonyl] oxime 3.1 1.00 EHW B 2 V P026 5344-82-1 1-(o-chlorophenyl)thiourea 3.1 1.00 EHW A,H 4 V U208 630-20-6 1,1,1,2-tetrachloroethane 3.1 1.00 EHW H 3 V U226 71-55-6 1,1,1-trichloroethane 1,100 355 EHW C,H 3 IV U209 79-34-5 1,1,2,2-tetrachloroethane 1.7 0.549 EHW H 3 IV U128 87-68-3 1,1',2,3,4,4' hexachloro-1,3-butadiene 4.47 1.4 EHW C,H 4 IIa U227 79-00-5 1,1,2-trichloroethane 6 1.94 EHW C,H 3 IV U137 193-39-5 1,10-(1,2-phenylene)pyrene 563 182 DW + 5 V U078 75-35-4 1,1-dichloroethane 3.1 1.00 EHW C,H,+ 3 V U098 57-14-7 1,1-dimethylhydrazine 563 182 DW I,+ 9 V P060 465-73-6 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a- hexahydro-1,4:5,8 endo, endo- dimethanophthalene 3.1 1.00 EHW B,H 2 V P004 309-00-2 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a- hexahydro-1,4:5,8 endo, exo-dimethanophthalene 3.1 1.00 EHW B,H 2 V P051 72-20-8 1,2,3,4,10,10-hexachloro-6,7-epoxy- 1,4,4a,5,6,7,8,8a-octahydro-endo, endo, 1,4,5,8- dimethanophthalene 3.1 1.00 EHW X,H 2 V P037 60-57-1 1,2,3,4,10,10-hexachloro-6,7-epoxy- 1,4,4a,5,6,7,8,8a-octahydro-endo, exo, 1,4,5,8- dimethanophthalene 0.00071 0.001 EHW X,H,+ 2 IIa P081 55-63-0 1,2,3-propanetrio, trinitrate- 3.1 1.00 EHW R,? 9 V U207 95-94-3 1,2,4,5-tetrachlorobenzene 3.1 1.00 EHW D,H 4 V O003 120-82-1 1,2,4-trichlorobenzene 0.0072 0.002 IIa U085 1464-53-5 1,2:3,4-diepoxybutane 3.1 1.00 EHW B,I 13 V U063 53-70-3 1,2:5,6-dibenzanthracene 0.028 0.01 EHW P,+ 5 IIa U064 189-55-9 1,2:7,8-dibenzopyrene 0.028 0.01 EHW P,+ 5 IIa U018 56-55-3 1,2-Benzanthracene 0.028 0.009 EHW P,+ 5 IIa U094 57-97-6 1,2-Benzanthracene, 7,12-dimethyl- 0.028 0.009 EHW C,P 5 IIa 21.40.060 (Revised 12/07)21-48 U028 117-81-7 1,2-benzenedicarboxylic acid [bis(2-ethyl-hexyl)] ester 563 182 DW ? 4 V U190 85-44-9 1,2-benzenedicarboxylic acid anhydride 3.1 1.0 EHW C 4 V U069 84-74-2 1,2-benzenedicarboxylic acid, dibutyl ester 563 182 DW D 4 V U088 84-66-2 1,2-benzenedicarboxylic acid, diethyl ester 563 182 DW ? 4,12 V U102 131-11-3 1,2-benzenedicarboxylic acid, dimethyl ester 563 182 DW ? 4,12 V U107 117-84-0 1,2-benzenedicarboxylic acid, di-n-octyl ester 563 182 DW ? 4,12 V P042 51-43-4 1,2-benzenediol, 4-[1-hydroxy-2- (methylamino)ethyl]- 3.1 1.0 EHW B 4,9 V U202 81-07-2 1,2-benzisothiazolin-3-one, 1,1-dioxide and salts 563 182 DW + V U050 218-01-9 1,2-benzphenanthrene 0.028 0.009 EHW P,+ 5 IIa U066 96-12-8 1,2-dibromo-3-chloropropane 0.05 0.02 EHW C,H,+ 3 IV U079 156-60-5 1,2-dichloroethane 7 2.26 EHW D,H 3 IV U083 78-87-5 1,2-dichloropropane 1.4 0.45 EHW C,H,I 3 IV U148 123-33-1 1,2-dihydro-3,6-pyridizinedione 563 182 DW D 4,9 V U099 540-73-8 1,2-dimethylhydrazine 3.1 1.00 EHW C,+,I 9 V U109 122-66-7 1,2-diphenylhydrazine 0.422 0.14 EHW C 4,9 11a U114 111-54-6 1,2-ethanediylbiscarbomothioic acid 3.1 1.00 EHW B V U139 9004-66-4 1,2-oxathiolane, 2,2-dioxide 563 182 DW + 13 V P067 75-55-8 1,2-propylenimine 3.1 1.00 EHW B,+,I 9 V U182 123-63-7 1,3,5-trioxane, 2,4,5-trimethyl- 563 182 DW D,I 12 V U201 108-46-3 1,3-benzendiol 3.1 1.0 EHW H 4 V U130 77-47-4 1,3-cyclopentadiene, 1,2,3,4,5,5-hexachloro- 3.1 1.00 EHW X,H 3 V U071 541-73-1 1,3-dichlorobenzene 20 6.46 EHW B,H 4 IV U186 504-60-9 1,3-pentadiene 563 182 DW D,I 10 V U193 1120-71-4 1,3-propane sultone 563 182 DW + 11 V U197 106-51-4 1,4-cyclohexadienedione 3.1 1.00 EHW C 11 V U074 764-41-0 1,4-dichloro-2-Butene 3.1 1.0 EHW C,H,I 3 V U074 764-41-0 1,4-dichloro-2-butene 3.1 1.00 EHW C,H,I 3 V U072 106-46-7 1,4-dichlorobenzene 0.3 0.10 EHW B,H 4 IX U108 123-91-1 1,4-diethylene dioxide 563 182 DW D,+ 13 V U108 123-91-1 1,4-dioxane 563 182 DW D,+ 13 V U166 130-15-4 1,4-naphthalenedione 3.1 1.00 EHW C 5 V U166 130-15-4 1,4-naphthaquinone 3.1 1.00 EHW C 4 V P002 591-08-2 1-acetyl-2-thiourea 3.1 1.00 EHW B 11 V U172 924-16-3 1-butanimine, N-butyl-N-nitroso- 563 182 DW D,+ 9 V U031 71-36-3 1-butanol 563 182 DW D,I 11 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-49 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 U041 106-89-8 1-chloro-2,3-epoxypropene 3.1 1.00 EHW C,H,+ 13 V U011 61-82-5 1H-1,2,4-triazol-3-amine 563 182 DW D,+ 9 V U186 504-60-9 1-methylbutadiene 563 182 DW D,I 10 V U167 134-32-7 1-naphthylamine 3.1 1.00 EHW B,+ 9,5 V U194 107-10-8 1-propanimine 3.1 1.00 EHW C,I 9 V U110 142-84-7 1-propanimine, N-propyl- 3.1 1.00 EHW C,I 9 V U235 126-72-7 1-propanol, 2,3-dibromo-, phosphate (3:1) 3.1 1.00 EHW D,H 3 V U126 765-34-4 1-propanol, 2,3-epoxy- 3.1 1.00 EHW C,+ 13 V U140 78-83-1 1-propanol, 2-methyl- 563 182 DW D,I 11 V U243 1888-71-7 1-propene, 1,1,2,3,3,3-hexachloro- 3.1 1.00 EHW H 3 V U085 1464-53-5 2,2'-bioxirane 3.1 1.0 EHW B,I V U132 70-30-4 2,2'-methylenebis (3-4, 6trichlorophenol) 3.1 1.00 EHW C,H 4 V U211 56-23-5 2,3,4,6-tetrachlorophenol 3.1 1.00 EHW C,H 4 V U232 93-76-5 2,4,5-T 2.0 0.646 EHW B,H,+ 2 Ia U230 95-95-4 2,4,5-trichlorophenol 1.0 0.323 EHW A,H 4 IIa U232 93-76-5 2,4,5-trichlorophenoxyacetic acid 2.0 0.646 EHW B,H,+ 2 Ia U231 88-06-2 2,4,6-trichlorophenol 2.0 0.646 EHW A,H 4 IIa U240 94-75-7 2,4-D, salts and esters 100 32.29 EHW B,H 2 Ia U081 120-83-2 2,4-dichlorophenol 0.3 0.10 EHW D,H 4 IIa U240 94-75-7 2,4-dichlorophenoxyacetic acid, salts and esters 100 32.29 EHW B,H 2 Ia O001 105-67-9 2,4-dimethylphenol 400 129 IIa U101 105-67-9 2,4-dimethylphenol 400 129 DW D 4 IIa U105 121-14-2 2,4-dinitro toluene 3.1 1.00 EHW C 4,9 V P048 51-28-5 2,4-dinitrophenol 70 22.61 EHW B 4,9 IIa O006 121-14-2 2,4-dinitrotoluene 1.1 0.355 IIa P049 541-53-7 2,4-thiobiuret 423 136.60 EHW A 9 IIa U147 108-31-6 2,5-Furandione 3.1 1.00 EHW C 11,9 V U082 87-65-0 2,6-dichlorophenol 3.1 1.00 EHW D,H 4 V U106 606-20-2 2,6-dinitrotoluene 3.1 1.00 EHW C 4,9 V O007 606-20-2 2,6-dinitrotoluene 1.1 0.355 IIa U236 72-57-1 2,7-naphthalenedisulfonic acid 3,3' 3.1 1.00 EHW H,+ 5,8 V U005 53-96-3 2-acetylaminofluorine 563 182 DW ? 9 V U159 78-93-3 2-butanone 563 182 DW D,I 11 V U160 1338-23-4 2-butanone peroxide 3.1 1.0 EHW C,R 11 V U053 4170-30-3 2-butenal 3.1 1.0 EHW B,I 11 V U042 110-75-8 2-chloroethyl vinyl ether 3.1 1.00 EHW C,H 6 U125 98-01-1 2-furancarboxaldehyde 3.1 1.00 EHW C,I 11 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-50 U058 50-18-0 2H-1, 3,2-Oxaphosphorine, 2-[bis(2-chloro- ethyl)amino]tetrahydro-, oxide 2- 3.1 1.00 EHW C,H,I V U116 96-45-7 2-imidazolidinethione 563 182 DW D,+ 9 V P067 75-55-8 2-methylazindine 3.1 1.00 EHW B,=,I 9 V P069 75-86-5 2-methyllactonitrite 3.1 1.00 EHW A 9 V U168 91-59-8 2-naphthylamine 3.1 1.00 EHW B,+ 9,5 V U026 494-03-1 2-naphthylamine, N,N'-bis(2-chloro-methyl)- 3.1 1.00 EHW H,+ 9 V U171 79-46-9 2-nitropropane 3.1 1.00 EHW C,I 11,9 V U191 109-06-8 2-picoline 3.1 1.00 EHW C 9 V U002 67-64-1 2-propanone 563 182 DW D,I 11 V P005 107-18-6 2-propen-1-ol 10 3.23 EHW B,I 11 V P003 107-02-8 2-propenal 3.1 1.00 EHW X 11 V U009 107-13-1 2-propenenitrile 3.1 1.00 EHW C,+,I 9 X U152 126-98-7 2-propenenitrile, 2-methyl 3.1 1.00 EHW B,I 9 V U118 97-63-2 2-propenoic acid, 2-methyl-, ethyl ester 563 182 DW D 12 V U162 80-62-6 2-propenoic acid, 2-methyl-, methyl ester 563 182 DW D,I 12 V U113 140-88-5 2-propenoic acid, ethyl ester 563 182 DW D,I 12 V P102 107-19-7 2-propyn-1-ol 3.1 1.00 EHW X 11 V P007 2763-96-4 3(2H)-isoxazolone, 5-(aminomethyl)- 3.1 1.00 EHW B 4,9 V P001 81-81-2 3-(alpha-acetonylbenzyl)-4-hydroxycoumarin and salts 3.1 1.00 EHW A 2 V U073 91-94-1 3,3'-dichlorobenzidine 0.028 0.009 EHW H,+ 8 IIa U091 119-90-4 3,3'-dimethoxybenzidine 563 182 DW D,+ 8 V U095 119-93-7 3,3'-dimethylbenzidine 3.1 1.00 EHW C,+ 8 V U016 225-51-4 3,4-benzacridine 0.028 0.009 DW + 5 IIa U022 50-32-8 3,4-benzopyrene 0.028 0.009 EHW P,+ 5 IIa U192 23950-58-5 3,5-dichloro-N-(1,1-dimethyl-2-propynyl) benzamide 563 182 DW 9 V P027 542-76-7 3-chloropropionitrile 3.1 1.00 EHW B,H 3,9 V U157 56-49-5 3-methylcholanthrene 0.028 0.009 EHW H,P 5 IIa U164 56-04-2 4(1H)-pyrimidinone, 2,3-dihydro- 563 182 DW + 9 V U021 92-87-5 4,4'-diamino-1,1'-biphenyl 0.00116 0.001 EHW B,+ 4,9 IIa U073 91-94-1 4,4'-diamino-3,3'-dichloro-1,1'-biphenyl 0.028 0.009 EHW H,+ 5,9 IIa U095 119-93-7 4,4'-diamino-3,3'-dimethyl-1,1'-biphenyl 3.1 1.0 EHW C,+ 4,9 V U158 101-14-4 4,4'-methylenebis (2-chloroaniline) 3.1 1.00 EHW H,+ 4,9 V U089 56-53-1 4,4'-stilbenediol, alpha, alpha'-diethyl- 563 182 DW + 4 V P047 534-52-1 4,6-dinitro-o-cresol and salts 13.4 4.33 EHW B 4,9 IIa Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-51 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 P034 131-89-5 4,6-dinitro-o-cyclohexylphenol 3.1 1.00 EHW C 4,9 V P059 76-44-8 4,7-methano-1H-indene,1,4,5,6,7,8,8- heptachloro-3a,4,7,7a-tetrahydro- 0.028 0.01 EHW X,H,+ 5 IIa U036 57-74-9 4,7-methanoindan, 1,2,3,4,5,6,7,8,8-octachloro- 3a,4,7,7a-tetrahydro- 3.1 1.00 EHW X,H 4 V U035 305-03-3 4-[bis(2-chloro-ethyl)amino] benzene-1,3- butanoic acid 3.1 1.0 EHW H+ 4,9 V P008 504-24-5 4-Aminopyridine 3.1 1.0 EHW B 9 V U030 101-55-3 4-bromophenyl phenyl ether 3.1 1.0 EHW H 6 V U039 59-50-7 4-chloro-m-cresol 3.1 1.00 EHW H 4 V U049 3165-93-3 4-chloro-o-toluidine, hydrochloride 3.1 1.00 EHW H 8 V U161 108-10-1 4-methyl-2-pentanone 563 182 DW + 11 V P008 504-24-5 4-pyridinamine 3.1 1.00 EHW B 9 V U059 20830-81-3 5,12-naphthacenedione, (8S-cis)-8-acetyl-10-[(3- amino-2,3,6-trihydroxy-alpha-L-lyxo- hexapyranosy)oxyl]-7,8,9,10-tetrahydro-6,8,11- trihydroxy-1-methoxy- 0.028 0.009 DW + 5 IIa P007 2763-96-4 5-Aminomethyl-3-isoxazolol 3.1 1.0 EHW B 9 V U181 99-55-8 5-nitro-o-toluidine 563 182 DW D 9 V P050 115-29-7 5-norborene-2,3-dimethanol, 1,4,5,6,7,7- hexachloro, cyclic sulfite 3.1 1.00 EHW X,H V U094 57-97-6 7,12-dimethylbenz[a]anthracene 0.028 0.01 EHW C,P 5 IIa P088 145-73-3 7-oxabicyclo[2,2,1]heptane, 2,3-dicarboxlic acid 3.1 1.00 EHW B 10 V U001 75-07-0 Acetaldehyde 3.1 1.00 EHW C 11 V U023 98-07-7 acetaldehyde, chloro 3.1 1.00 EHW B,H 3,11 V U034 75-87-6 acetaldehyde, trichloro 3.1 1.00 EHW H 3,11 V P057 640-19-7 acetamide, 2-fluoro- 3.1 1.00 EHW B,H 9 V U187 62-44-2 acetamide, N-(4-ethoxyphenyl)- 563 182 DW D,+ 9 V P002 591-08-2 acetamide, N-(aminothioxomethyl)- 3.1 1.00 EHW B 9 V U005 53-96-3 acetamide, N-9H-fluoren-2-yl- 0.028 0.009 DW ? 5,9 IIa P058 62-74-8 acetic acid fluoro-, sodium salt 3.1 1.00 EHW A,H 3,11 V U112 141-78-6 acetic acid, ethyl ester 563 182 DW D,I 11 IIa U144 301-04-2 Acetic acid, lead salt 3.1 1.00 EHW D,E,P 1,11 V U214 563-68-8 acetic acid, thallium salt 563 182 DW ? 11,1 V P066 16752-77-5 Acetimidic acid, N[(methylcarbonyl)]thio-, methyl ester 3.1 1.00 EHW B 12,9 V U003 75-05-8 Acetonitrile 3.1 1.00 EHW C,I 9 X U004 98-86-2 acetophenone 563 182 DW D 11 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-52 U006 75-36-5 Acetyl chloride 3.1 1.00 EHW C,H,O 11 V P003 107-02-8 Acrolein 0.32 0.103 EHW X 11 IIa U007 79-06-1 Acrylamide 3.1 1.00 EHW C 9 X U008 79-10-7 Acrylic acid 3.1 1.00 EHW C,O,I 11 V U009 107-13-1 Acrylonitrile (Vinyl cyanide) 0.58 0.187 EHW C,+,I 9 X U002 67-64-1 Actone 563 182 DW D,I 11 V U150 148-82-3 alanine, 3-[p-bis(2-chloroethyl) amino] phenyl-, L- 563 182 DW + 4,9 V P070 116-06-3 Aldicarb 3.1 1.0 EHW B 2 VIIa P004 309-00-2 Aldrin 0.00074 0.0002 EHW X,H 2 IIa P005 107-18-6 Allyl alcohol 3.1 1.0 EHW B,I 11 V U096 80-15-9 alpha,alpha-dimethylbenzyl-hydroperoxide 3.1 1.00 EHW C,R 4 V P046 122-09-8 alpha,alpha-dimethylphenethylamine (a,a- dimethylphenethylamine) 3.1 1.00 EHW C 9,4 V U167 134-32-7 alpha-naphthylamine 3.1 1.00 EHW B,+ 9 V P072 86-88-4 alpha-naphthylthiourea 3.1 1.00 EHW B 5 V P006 20859-73-8 Aluminum phosphide 3.1 1.0 EHW B,R 1 V U011 61-82-5 Amitrole 563 182 DW D,+ V 1001 7664-41-7 ammonium salts, NEC 500 162 1 IIb P119 7803-55-6 Ammonium vanadate 3.1 1.0 EHW B 1 V U012 62-53-3 Aniline 3.1 1.00 EHW C,I 4,9 V 1010 7440-36-0 antimony salts, NEC 0.145 0.05 1 IIa P012 1327-53-3 Arsenic (III) oxide 66 21.3 EHW B,+ 1 Ia P011 1303-28-2 Arsenic (V) oxide 77 24.9 EHW B 1 Ia P010 7778-39-4 Arsenic acid 72 23.3 EHW B 1 Ia P011 1303-28-2 Arsenic pentoxide 77 24.9 EHW B 1 Ia 1011 7440-38-2 arsenic salts, NEC 50 16.15 1 Ia P012 1327-53-3 Arsenic trioxide 66 21.3 EHW B,+ 1 Ia P038 692-42-2 arsine, diethyl 3.1 1.0 EHW B 1,10 IIa U014 492-80-8 Auramine 563 182 DW + 9 V U015 115-02-6 Azaserine 3.1 1.00 EHW C,+ 9 V P054 151-56-4 Azirdine 3.1 1.0 EHW B+ V U010 50-07-7 Azirino (2',3:3,4)pyrrolo(1,2a)in dole-4,7-dione, 6-amino-8[((amino carbonyl)oxy) methyl]- 1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl 3.1 1.0 EHW B+ V P013 542-62-1 Barium cyanide 727 234.8 EHW A 1 V 1012 7440-39-3 barium salts, NEC 1,000 322.93 1 Ia Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-53 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 U018 56-55-3 Benz[a]anthracene 0.028 0.009 EHW P,+ 5 IIa U016 225-51-4 benz[c]acridine 0.028 0.009 DW + 5 IIa U157 56-49-5 benz[j]aceanthrylene, 1,2-dihydro-3-methyl- 0.028 0.009 EHW H,P 5 IIa U017 98-87-3 Benzal chloride 3.1 1.0 EHW D,H 4 V U012 62-53-3 Benzenamine 3.1 1.00 EHW C,I 4,9 V U222 636-21-5 benzenamine, 2-methyl-, hydrochloride 563 182 DW D,+ 9 V U181 99-55-8 benzenamine, 2-methyl-5-nitro- 563 182 DW D 9 V U014 492-80-8 benzenamine, 4,4-carbonimidoylbis (N,N- dimethyl)- 563 182 DW + 9 V U158 101-14-4 benzenamine, 4,4-methylenebis(2-chloro)- 3.1 1.0 EHW H,+ 4,9 V U049 3165-93-3 benzenamine, 4-chloro-2-methyl- 3.1 1.0 EHW H 4,9 V U093 60-11-7 benzenamine, N,N-dimethyl-4-phenylazo- 3.1 1.0 EHW C,+ 4,9 V P024 106-47-8 benzenamine,4-chloro- 3.1 1.0 EHW C,H 4 V U019 71-43-2 benzene 6.7 2.2 EHW C,+,I 4 IV U207 95-94-3 benzene, 1,2,4,5-tetrachloro- 3.1 1.0 EHW D,H 4 V U070 95-50-1 benzene, 1,2-dichloro 10 3.2 EHW B,H 4 IV U203 94-59-7 benzene, 1,2-methylenedioxy-4-allyl- 563 182 DW D,+ 4 V U141 120-58-1 benzene, 1,2-methylenedioxy-4-propenyl- 563 182 DW D,+ 4 V U090 94-58-6 benzene, 1,2-methylenedioxy-4-propyl- 563 182 DW D,+ 4 V U234 99-35-4 benzene, 1,3,5-trinitro- 563 182 DW D,R 4,9 V U071 541-73-1 benzene, 1,3-dichloro 20 6.5 EHW B,H 4 IV U223 26471-62-5 benzene, 1,3-diisocyanatomethyl- 3.1 1.0 EHW C,I 4 V U072 106-46-7 benzene, 1,4-dichloro 0.3 0.1 EHW B,H 4 IV U030 101-55-3 benzene, 1-bromo-4-phenoxy- 3.1 1.0 EHW H 4 V U105 121-14-2 benzene, 1-methyl-2,4-dinitro- 1.1 0.4 EHW C 4,9 IV U106 606-20-2 benzene, 1-methyl-2,6-dinitro- 1.1 0.4 EHW C 4,9 IV U055 98-82-8 benzene, 1-methylethyl- 3.1 1.0 EHW C,I 4 V U037 108-90-7 benzene, chloro- 72 23.3 EHW B,H,I 4 VIIa P028 100-44-7 benzene, chloromethyl- 3.1 1.0 EHW B,H,+ 4 V U017 98-87-3 benzene, dichloromethyl 3.1 1.0 EHW D,H 4 V U239 1330-20-7 benzene, dimethyl- 3.1 1.0 EHW C,I 4 V U127 118-74-1 benzene, hexachloro- 7,200 2,325.1 EHW H 2,4 IIa U056 110-82-7 benzene, hexahydro- 3.1 1.0 EHW C,I 4 V U188 108-95-2 benzene, hydroxy- 3.1 1.0 EHW C 4 V U169 98-95-3 benzene, nitro- 19,800 6,394.1 EHW C,I 4 IV U183 608-93-5 benzene, pentachloro- 3.1 1.0 EHW H 4 V U185 82-68-8 benzene, pentachloronitro- 3.1 1.0 EHW D,H,+ 4,9 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-54 U023 98-07-7 benzene, trichloromethyl- 3.1 1.0 EHW H,O,R 4 V U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4- chlorophenyl)-alpha-hydroxy, ethyl ester 3.1 1.0 EHW H 4,12 V P077 100-01-6 benzeneamine, 4-nitro- 3.1 1.0 EHW D,? 4,9 V U020 98-09-9 Benzenesulfonic acid chloride 3.1 1.0 EHW D,H,O 4 V U020 98-09-9 Benzenesulfonyl chloride 3.1 1.0 EHW D,H,O 4 V P014 108-98-5 Benzenethiol 3.1 1.0 EHW A 4 V U021 92-87-5 Benzidine 0.00116 0.000 EHW B,+ 4,9 IIa U022 50-32-8 Benzo[a]pyrene 0.028 0.009 EHW P,+ 5 IIa U120 206-44-0 benzo[j,k]fluorene 0.028 0.009 DW D 5 IIa U023 98-07-7 benzotrichloride 3.1 1.0 EHW H,O,R 4 V P028 100-44-7 Benzyl chloride 3.1 1.0 EHW B,H,+ 4 V P015 7440-41-7 Beryllium dust 0.037 0.012 EHW C,+ 1 IIa 1013 7440-41-7 beryllium salts, NEC 0.037 0.01 1 IIa U047 91-58-7 beta-chloronaphthalene (ß-chloronaphthalene) 0.028 0.009 EHW D,H 5 IIa U168 91-59-8 beta-naphthylamine 3.1 1.00 EHW B,+ 9 V U220 108-88-3 benzene, methyl- 3.1 1.0 EHW C,I 4 V O010 111-44-4 bis (2-chloroethyl) ether 0.3 0.097 IIa U024 111-91-1 bis(2-chloroethoxy)methane 3.1 1.0 EHW C,H 6 V U027 108-60-1 bis(2-chloroisopropyl)ether 3.1 1.0 EHW C,H,O 6 V U016 225-51-4 bis(2-chloromethyl)ether 0.000037 0.001 EHW B,H,+ 6 IIa O002 117-81-7 bis-(2-ethylhexyl) phthalate 15,000 4,845 IIa U028 117-81-7 bis(2-ethylthoxyl)phthalate 563 182 DW ? 7 V U244 137-26-8 bis(dimethylthiocarbonmoyl) O-disulfide 563 182 DW D 2 V 1014 boron salts, NEC 10 3.23 1 IIa U256 506-68-3 Bromine cyanide 815 263.2 EHW C,H 1 IIa P017 598-31-2 Bromoacetone 3.1 1.0 EHW C,H 3,11 V U225 75-25-2 Bromoform 3.1 1.0 EHW H 3 V P018 357-57-3 Brucine 3.1 1.0 EHW A 5,9 V U136 75-60-5 cacodylic acid DW D 1 1015 7440-43-9 cadmium salts, NEC 10 3.23 1 Ia U032 13765-19-0 Calcium chromate 196 63.3 EHW C,+,EP 1 Ia P021 592-01-8 Calcium cyanide 508 164.1 EHW B 1 IIa 1008 7440-70-2 calcium salts, NEC 7,000 2,260.54 1 VI U238 51-79-6 Carbamic acid, ethyl ester 563 182 DW + 12 V U178 105-40-8 Carbamic acid, methylnitroso-, ethyl ester 3.1 1.00 EHW C,+ 9 V P103 630-10-4 carbamimidoselenoic acid 3.1 1.00 EHW B 3,1 Ia Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-55 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 P022 75-15-0 carbon bisulfide 3.1 1.00 EHW D,I,? 1 V P022 75-15-0 carbon disulfide 3.1 1.00 EHW D,I,? 1 V U033 353-50-4 carbon oxyfluoride 3.1 1.00 EHW H,R 1 V U211 56-23-5 carbon tetrachloride 45 14.5 EHW C,H,+ 3 IV U156 79-22-1 carbonchloridic acid, methyl ester 3.1 1.00 EHW B,H,I 12 V U215 6533-73-9 carbonic acid, dithallium (I) salt 563 182 DW ? 1 V P095 75-44-5 Carbonyl chloride 3.1 1.00 EHW B,H 1 V U033 353-50-4 Carbonyl fluoride 3.1 1.00 EHW B,H,R 1 V U034 75-87-6 chloral 563 182 DW ? 1 V U035 305-03-3 Chlorambucil 3.1 1.00 EHW H,+ 4,9 V U036 57-74-9 Chlordane, technical 3.1 1.00 EHW X,H 2 Iib 1002 chloride salts, NEC 800 258.35 1 VI P033 506-77-4 Chlorine cyanide 488 157.6 EHW A,H 1 IIa U026 494-03-1 Chlornaphazine 0.028 0.009 EHW H,+ 5 IIa P023 107-20-0 chloroacetaldehyde 3.1 1.00 EHW B,H 11 V U037 108-90-7 chlorobenzene 72 23.3 EHW B,H,I 4 IV U044 67-66-3 chloroform 1.9 0.614 EHW C,H,+ 3 IIa U046 107-30-2 chloromethyl, methyl ether 3.1 1.00 EHW D,H+ 6 V U032 13765-19-0 chromic acid, calcium salt 196 63.3 EHW C,H,+ 1 IIa 1016 7440-47-3 chromium salts, NEC 50 16.15 1 Ia U050 218-01-9 chrysene 0.028 0.009 EHW P,+ 5 IIa P029 544-92-3 copper cyanides 688 222.18 EHW B 1 IIa 1017 7440-50-8 copper salts, NEC 1,000 323 1 Ia U051 8001-58-9 creosote 3.1 1.00 EHW B 4 V U052 1319-77-3 Cresols 3.1 1.00 EHW B 4 V U052 1319-77-3 cresylic acid 3.1 1.00 EHW B 4 V U053 4170-30-3 crotonaldehyde 3.1 1.00 EHW B,I 11 V U055 98-82-8 cumene 3.1 1.00 EHW C,I 4 V 1003 cyanide salts, NEC 200 64.59 1 IIa P031 460-19-5 cyanogen 3.1 1.00 EHW B,I 1 V U246 506-68-3 cyanogen bromide 3.1 1.00 EHW C,H 1 V P033 506-77-4 cyanogen chloride 3.1 1.00 EHW A,H 1 IIa U056 110-82-7 cyclohexane 3.1 1.00 EHW C,I 10 V U057 108-94-1 cyclohexanone 3.1 1.00 EHW C,I 11 V U058 50-18-0 Cyclophosphamide 3.1 1.00 EHW C,H,+ 9 V U059 20830-81-3 Daunomycin 563 182 DW + V U060 72-54-8 DDD 3.1 1.00 EHW C,H,+ 2 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-56 U061 50-29-3 DDT 0.00024 0.001 EHW X,H,+ 2 IIa U142 143-50-0 Decachloroctahydro-1,3,4-metheno-2H- cyclobuta[c,d]-pentalen-2-one 0.028 0.01 EHW X,H 2 IIa U206 18883-66-4 D-glucopyranose, 2-deoxy-2(3-methyl-3- nitrosoureido)- 563 182 DW + 9 V U062 2303-16-4 Diallate 3.1 1.00 EHW C,H,+ 2 V U133 302-01-2 Diamine 3.1 1.00 EHW B,+,R 9 V U063 53-70-3 dibenz[a,h]anthracene 0.028 0.01 EHW P,+ 5 IIa U064 189-55-9 dibenz[a,i]pyrene 0.028 0.01 EHW P,+ 5 IIa U069 84-74-2 dibutyl phthalate 34,000 10,982 DW D 7 IIa U060 72-54-8 dichloro diphenyl dichloroethane 3.1 1.00 EHW C,H,+ 2 V U061 50-29-3 dichloro diphenyl trichloroethane 0.00024 0.001 EHW X,H,+ 2 IIa U075 75-71-8 dichlorodifluoromethane 1,600 516.70 EHW H 3 IV U025 111-44-4 dichloroethyl ether 3.1 1.00 EHW C,H 12 V P036 696-28-6 dichlorophenylarsine 3.1 1.00 EHW B,H 4 V P037 60-57-1 dieldrin 0.00071 0.001 EHW X,H,+ 2 IIa O021 diesel (fuel oil) 1,000 323 Ib U088 84-66-2 diethyl phthalate 352,000 113,696 DW ? 7 IIa P038 692-42-2 diethylarsine 89 28.74 EHW B 1,10 IIa P041 311-45-5 diethyl-p-nitrophenyl phosphate 3.1 1.00 EHW A 4 V U089 56-53-1 diethylstilbestrol 563 182 DW + 4 V U090 94-58-6 dihydrosafrole 563 182 DW D,+ 4,13 V P043 55-91-4 diisopropyl flurophosphate 3.1 1.00 EHW B,H 12,1 V P044 60-51-5 dimethoate 3.1 1.00 EHW A 2 V U097 79-44-7 dimethyl carbamoyl chloride 3.1 1.00 EHW D,H,+ V U102 131-11-3 dimethyl phthalate 313,000 101,099 DW ? 7 IIa U103 77-78-1 dimethyl sulfate 3.1 1.00 EHW C,O,+ 12 V U092 124-40-3 dimethylamine 3.1 1.00 EHW C,I 9 V U093 60-11-7 dimethylaminobenzene 3.1 1.00 EHW C,+ 4,9 V U097 79-44-7 dimethylcarbomoyl chloride 3.1 1.00 EHW D,H,+ V P082 62-75-9 dimethylnitrosamine 3.1 1.00 EHW B,+ 9 V U107 117-84-0 di-n-octyl phthalate 563 182 DW ? 7 V P020 88-85-7 Dinoseb 3.1 1.00 EHW B 2 V U111 621-64-7 di-n-propylnitrosamine 3.1 1.00 EHW C,+ 9 V P035 152-16-9 diphosphoramide, octamethyl 3.1 1.00 EHW ? 9,1 V U110 142-84-7 dipropylamine 3.1 1.00 EHW C,I 9 V P039 298-04-4 disulfoton 3.1 1.00 EHW A 2 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-57 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 P109 3689-24-5 dithiopyrophosphoric acid tetraethyl ether 3.1 1.00 EHW A 12 V P050 115-29-7 endosulfan 75 24.22 EHW X,H 2 IIa P088 145-73-3 Endothall 3.1 1.00 EHW B 2 V P051 72-20-8 Endrin 0.2 0.06 EHW X,H 2 Ia P042 51-43-4 Epinephrine 3.1 1.00 EHW B V U001 75-07-0 Ethanal 3.1 1.00 EHW C 11 V P046 122-09-8 ethanamine, 1,1-dimethyl-2-phenyl 3.1 1.00 EHW C 9 V U174 55-18-5 ethanamine, N-ethyl-N-nitroso- 3.1 1.00 EHW C,+ 9 V U131 67-72-1 ethane, 1,1,1,2,2,2-hexachloro- 3.1 1.00 EHW H 3 V U208 630-20-6 ethane, 1,1,1,2-tetrachloro 3.1 1.00 EHW H 3 V U247 72-43-5 ethane, 1,1,1-trichloro-2,2-bis(b-methoxyphenyl) 3.1 1.00 EHW D,H 13,4 V U209 79-34-5 ethane, 1,1,2,2-tetrachloro 1.7 0.55 EHW H 3 IV U227 79-00-5 ethane, 1,1,2-trichloro- 6 1.94 EHW C,H 3 IV U024 111-91-1 ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-] 3.1 1.00 EHW C,H 13 V U076 75-34-3 ethane, 1,1-dichloro- 3.1 1.00 EHW D,H 3 V U117 60-29-7 ethane, 1,1'-oxybis- 563 182 DW D,I 13 V U025 111-44-4 ethane, 1,1'-oxybis [2-chloro- 3.1 1.00 EHW C,H 13 V U067 106-93-4 ethane, 1,2-dibromo- 0.55 0.18 EHW C,H,+ 3 IV U077 107-06-2 ethane, 1,2-dichloro- 7 2.26 EHW D,H 3 IV U042 110-75-8 ethane, 2-chlorethoxy- 3.1 1.00 EHW C,H 13 V U043 75-01-4 ethane, chloro- 3.1 1.00 EHW D,H,+ 3 V U184 76-01-7 ethane, pentachloro- 3.1 1.00 EHW A,H 3 V U003 75-05-8 ethanenitrile 3.1 1.00 EHW C 9 V U218 62-55-5 ethanethioamide 563 182 DW + 9 V U173 1116-54-7 ethanol, 2,2-(nitrosoimino)bis- 563 182 DW + 9 V U004 98-86-2 ethanone, 1-phenyl- 563 182 DW D 4 V U006 75-36-5 ethanoyl chloride 3.1 1.00 EHW C,H,O 11 V P084 4549-40-0 ethenamine, N-methyl-N-nitroso- 3.1 1.00 EHW B,+ 9 V U210 127-18-4 ethene, 1,1,2,2-tetrachloro- 1.7 0.55 EHW C,H 3 IV U078 75-35-4 ethene, 1,1-dichloro- 3.1 1.00 EHW C,H,+ 3 V U079 156-60-5 ethene, trans-1,2-dichloro- 3.1 1.00 EHW D,H 3 V U038 510-15-6 ethyl 4,4'-dichlorobenzilate 3.1 1.00 EHW D,H 4 V U112 141-78-6 ethyl acetate 563 182 DW D,I 12 V U113 140-88-5 ethyl acrylate 563 182 DW D,I 12 V O004 100-41-4 ethyl benzene 100 32.3 IV U238 51-79-6 ethyl carbamate (urethane) 563 182 DW + 12 V P101 107-12-0 ethyl cyanide 393 126.91 EHW B 1 IIa Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-58 U117 60-29-7 ethyl ether 563 182 DW D,I 11 V U118 97-63-2 ethyl methacrylate 563 182 DW I 12 V U119 62-50-0 ethyl methanesulfonate 563 182 DW + 12 V U067 106-93-4 ethylene dibromide 3.1 1.00 EHW C,H 3 V U077 107-06-2 ethylene dichloride 3.1 1.00 EHW D,H 3 V O017 107-21-1 ethylene glycol 100 32.3 III U115 75-21-8 ethylene oxide 3.1 1.00 EHW C,I 13 V U116 96-45-7 ethylene thiourea 563 182 DW D,+ 10 V U114 111-54-6 Ethylenebis(dithiocarbamic acid), salts and esters 3.1 1.00 EHW B 2 V P054 151-56-4 ethylenimine 3.1 1.00 EHW B,+ 9 V U076 75-34-3 ethylidine dichloride 3.1 1.00 EHW D,H 3 V U097 79-44-7 Famphur 3.1 1.00 EHW A 2 V U139 9004-66-4 ferric dextran 563 182 DW + 1,11 V U120 206-44-0 fluoranthene 42 13.6 DW D 5 IIa 1004 fluoride salts, NEC 200 64.59 1 Ia P056 7782-41-4 fluorine 3.1 1.00 EHW B 1 V P057 640-19-7 fluoroacetamide 3.1 1.00 EHW B,H 9 V P058 62-74-8 fluoroacetic acid, sodium salt 3.1 1.00 EHW A,H 11 V U122 50-00-0 formaldehyde 3.1 1.00 EHW C 11 V U123 64-18-6 formic acid 563 182 DW D,O 11 V U124 110-00-9 fufuran 563 182 DW I 9 V P065 628-86-4 fulminic acid, mercury (II) salt 3.2 1.03 EHW R,? 1 Ia U124 110-00-9 furan 563 182 DW I 9 V U213 109-99-9 furan, tetrahydro 563 182 DW I 9 V U125 98-01-1 Furfural 3.1 1.00 EHW C,I 9 V O020 gasoline 1,000 323 Ib U126 765-34-4 glycidaldehyde 3.1 1.00 EHW C,+ 11 V U163 70-25-7 guanidine, N-nitroso-N-methyl-N'-nitro- 3.1 1.00 EHW C,+ 9 V P059 76-44-8 Heptachlor 0.00278 0.001 EHW X,H,+ 2 IIb U127 118-74-1 hexachlorobenzene 0.0072 0.002 EHW H 2,4 IIa U128 87-68-3 hexachlorobutadiene 4.47 1.44 EHW C,H 4 IIa U129 58-89-9 hexachlorocyclohexane (gamma isomer) 0.123 0.040 EHW H,+ 2 IIa P130 77-47-4 hexachlorocyclopentadiene 3.1 1.00 EHW X,H 3 V U131 67-72-1 hexachloroethane 19 6.14 EHW H 3 IIa P060 465-73-6 hexachlorohexahydro-endo,endo- dimethanonaphthalene 3.1 1.00 EHW B,H 2 V U132 70-30-4 hexachlorophene 3.1 1.00 EHW C,H 4 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-59 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 U243 1888-71-7 hexachlororpropene 3.1 1.00 EHW H 3 V P062 757-58-4 hexethyl tetraphosphate 3.1 1.00 EHW B V U133 302-01-2 Hydrazine 3.1 1.00 EHW B,+,R 9 V U098 57-14-7 hydrazine, 1,1-dimethyl- 563 182 DW I,+ 9 V U086 1615-80-1 hydrazine, 1,2-diethyl- 563 182 DW + 9 V U099 540-73-8 hydrazine, 1,2-dimethyl 3.1 1.00 EHW C,+,I 9 V U109 122-66-7 hydrazine, 1,2-diphenyl 0.422 0.136 EHW C 4,9 IIa P068 60-34-4 hydrazine, methyl 3.1 1.00 EHW A,I 9 V P116 79-19-6 hydrazinecarbothioamide 3.1 1.00 EHW B 9 V P063 74-90-8 hydrocyanic acid 208 67.17 EHW A 1 IIa U134 7664-39-3 hydrofluoric acid 563 182 DW D,O 1 V P063 74-90-8 hydrogen cyanide 208 67.17 EHW A 1 IIa U134 7664-39-3 hydrogen fluoride 563 182 DW D,O 1 V P096 7803-51-2 hydrogen phosphide 3.1 1.00 EHW B,I 1 V U135 7783-06-4 hydrogen sulfide 3.1 1.00 EHW B,I 1 V U096 80-15-9 hydroperoxide, 1-methyl-1-phenylethyl- 3.1 1.00 EHW C,R 4 V U136 75-60-5 hydroxydimethylarsine oxide 563 182 DW D 13 V U137 193-39-5 indeno[1,2,3-cd]pyrene 0.028 0.009 DW + 5 IIa U245 53-86-1 indomethacin 0.028 0.01 EHW B,H 5,9 IIa U139 9004-66-4 iron dextran 563 182 DW + 1,11 V 1018 7439-89-6 iron salts, NEC 300 96.9 1 Ib U140 78-83-1 isobutyl alcohol 563 182 DW D,I 11 V P064 624-83-9 isocyanic acid, methyl ester 3.1 1.00 EHW I,? 9,12 V O014 78-59-1 isophorone 5,200 1,680 IIa O018 67-63-0 isopropyl alcohol 1,000 323 III O005 98-82-8 isopropyl benzene 100 32.3 IV U141 120-58-1 isosafrole 563 182 DW D,+ V U142 143-50-0 Kepone 3.1 1.00 EHW X,H 2 V U143 303-34-4 Lasiocarpine 3.1 1.00 EHW C,+ V U144 301-04-2 lead acetate 64 20.67 EHW D,EP 1 IIa U145 7446-27-7 lead phosphate 65 21.0 DW + 1 Ia 1019 lead salts, NEC 50 16.15 1 Ia U146 1335-32-6 lead subacetate 65 21.0 DW + 1 Ia U129 58-89-9 Lindane 4 1.29 EHW H,+ 2 Ia U015 115-02-6 L-serine, diazoacetate (ester) 3.1 1.00 EHW C,+ 12 V 1009 7439-95-4 magnesium salts, NEC 400 129 1 VI U148 123-33-1 maleic hydrazide 563 182 DW D 9 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-60 U147 108-31-6 maleic anhydride 3.1 1.00 EHW C 12 V U149 109-77-3 Malononitrile 3.1 1.00 EHW C 9 V 1020 7439-96-5 manganese salts, NEC 50 16.15 1 Ib U071 541-73-1 m-dichlorobenzene 20 6.46 EHW B,H 4 IV U150 148-82-3 melphalan 563 182 DW + 4,9 V U151 7439-97-6 mercury 2 0.65 EHW EP 1 Ia P065 628-86-4 mercury fulminate 3.2 1.03 EHW R,? 1 Ia 1021 7439-97-6 mercury salts, NEC 2 0.65 1 Ia P092 62-38-4 mercury, (acetato-O) phenyl- 3.4 1.10 EHW B 4,1 Ia U152 126-98-7 methacrylonitrile 3.1 1.00 EHW B,I 9 V U046 107-30-2 methane, chloromethoxy 3.1 1.00 EHW D,H,+ 13 V P016 542-88-1 methane, oxybis(chloro)- 3.1 1.00 EHW B,H,+ 3 V U092 124-40-3 methanamine, N-methyl- 3.1 1.00 EHW C,I 9 V U029 74-83-9 methane, bromo 1,400 452 EHW H 3 IIa U045 74-87-3 methane, chloro 13,800 4,456.50 EHW H,I 3 IIa U068 74-95-3 methane, dibromo- 0.55 0.18 EHW C,H,+ 3 IV U080 75-09-2 methane, dichloro- 150 48.44 EHW C,H 3 IV U075 75-71-8 methane, dichlorodifluoro- 1,600 516.70 EHW H 3 IV U138 74-88-4 methane, iodo- 3.1 1.00 EHW H,+ 3 V U211 56-23-5 methane, tetrachloro- 45 14.53 EHW C,H,+ 3 IIa P112 509-14-8 methane, tetranitro 3.1 1.00 EHW A,R 9 V U044 67-66-3 methane, trichloro- 1.9 0.61 EHW C,H,+ 3 IIa U121 75-69-4 methane, trichlorofluoro- 32,300 10,430.80 EHW H 3 IIa U119 62-50-0 methanesulfonic acid, ethyl ester 563 182 DW + 12 V U153 74-93-1 methanethiol 3.1 1.00 EHW B,I 11 V P118 75-70-7 methanethiol, trichloro- 3.1 1.00 EHW H 3,11 V U123 64-18-6 methanoic acid 563 182 DW D,O 11 V U154 67-56-1 methanol 563 182 DW D,I 11 V U155 91-80-5 methapyrilene 563 182 DW D 4,9 V P066 16752-77-5 methomyl 3.1 1.00 EHW B 2,9 V O016 72-43-5 methoxychlor 100 32.3 Ia U154 67-56-1 methyl alcohol 563 182 DW D,I 11 V U029 74-83-9 methyl bromide 1,400 452 EHW H 3 IIa U045 74-87-3 methyl chloride 13,800 4,457 EHW H,I 3 IIa U156 79-22-1 methyl chlorocarbonate 3.1 1.00 EHW B,H,I 3 V U226 71-55-6 methyl chloroform 1,100 355 EHW C,H 3 IIa U159 78-93-3 methyl ethyl ketone 1,000 323 DW D,I 11 III Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-61 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 U160 1338-23-4 methyl ethyl ketone peroxide 3.1 1.00 EHW C,R 11 V P068 60-34-4 methyl hydrazine 3.1 1.00 EHW A,I 9 V U138 74-88-4 methyl iodine 3.1 1.00 EHW H,+ 3 V U161 108-10-1 methyl isobutyl ketone 563 182 DW D,I 11 V P064 624-83-9 methyl isocyanate 3.1 1.00 EHW I,? 9 V U162 80-62-6 methyl methacrylate 563 182 DW D,I 12 V P071 298-00-0 methyl parathion 3.1 1.00 EHW A 2 V U068 74-95-3 methylene bromide 3.1 1.00 EHW C,H,+ 3 V U080 75-09-2 methylene chloride 150 48.5 EHW C,H 3 IV U122 50-00-0 methylene oxide 3.1 1.00 EHW C 13 V U164 56-04-2 methylthiouracil 563 182 DW + 9 V U010 50-07-7 Mitomycin C 3.1 1.00 EHW B,+ V O008 108-38-3 m-xylene 1,100 355 IV U086 1615-80-1 N,N-diethylhydrazine 563 182 DW + 9 V U165 91-20-3 naphthalene 3.1 1.00 EHW B 5 V U047 91-58-7 naphthalene, 2-chloro- 3.1 1.00 EHW D,H 5 V U031 71-36-3 n-butyl alcohol 563 182 DW D,I 11 V U176 759-73-9 N-ethyl-N-nitroso carbamide 3.1 1.00 EHW C,+ 9 V P074 557-19-7 nickel (II) cyanide 28 9.04 EHW D,R,? 1 IIa P073 12612-55-4 nickel carbonyl 39 12.6 EHW B 1 IIa P074 557-19-7 nickel cyanide 28 9.04 EHW D,R,? 1 IIa 1022 7440-02-0 nickel salts, NEC 13.4 4.33 1 IIa P073 13463-39-3 nickel tetracarbonyl 39 12.6 EHW B 1 IIa P075 54-11-5 nicotine and salts 3.1 1.00 EHW B 4 V 1005 nitrate-nitrogen salts, NEC 400 129.17 1 VI P076 10102-43-9 nitric oxide 3.1 1.00 EHW B 1 V U169 98-95-3 nitrobenzene 19,800 6,395 EHW C,I 4,9 IIa P076 10102-43-9 Nitrogen (II) oxide 3.1 1.00 EHW B 1 V P078 10102-44-0 Nitrogen (IV) oxide 3.1 1.00 EHW A 1 V P078 10102-44-0 nitrogen dioxide 3.1 1.00 EHW A 1 V P081 55-63-0 nitroglycerine 3.1 1.00 EHW R,? 9,11 V U177 684-93-5 N-methyl-N-nitroso carbamide 3.1 1.00 EHW C,+ 9 V U163 70-25-7 N-methyl-N'-nitroso-guanidine 3.1 1.00 EHW C,+ 9 V U173 1116-54-7 N-nitrosodiethanolamine 563 182 DW + 9 V U174 55-18-5 N-nitrosodiethylamine 0.008 0.002 EHW C,+ 9 IIa P082 62-75-9 N-nitrosodimethylamine 0.014 0.004 EHW B,+ 9 IIa U172 924-16-3 N-nitrosodi-n-butylamine 0.064 0.020 DW D,+ 9 IIa Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-62 O011 924-16-3 N-nitroso-di-N-butylamine 0.064 0.021 IIa O013 86-30-6 N-nitrosodiphenylamine 49 15.8 IIa P084 4549-40-0 N-nitrosomethylvinylamine 3.1 1.00 EHW B,+ 9 V U176 759-73-9 N-nitroso-N-ethylurea 3.1 1.00 EHW C,+ 9 V U178 615-53-2 N-nitroso-N-methylurathane 3.1 1.00 EHW B,+ 9 V U177 684-93-5 N-nitroso-N-methylurea 3.1 1.00 EHW C,+ 9 V U111 621-64-7 N-nitroso-N-propylamine 3.1 1.00 EHW C,+ 9 V U179 100-75-4 N-nitrosopiperidine 3.1 1.00 EHW C,+ 9 V O012 930-55-2 N-nitrosopyrrolidine 0.16 0.052 IIa U180 930-55-2 N-nitrosopyrrolidine 0.16 0.051 DW D,+ 9 IIa P093 103-85-5 N-phenylthiourea 3.1 1.00 EHW A 4,9 V U194 107-10-8 n-propylamide 3.1 1.00 EHW C,I 9 V P070 116-06-3 O-[(methylamino)carbonyl]oxime 3.1 1.00 EHW B 2 V U048 95-57-8 o-chlorophenol 0.1 0.032 EHW D,H 4 IIa P123 8001-35-2 octachlorocamphene 3.1 1.00 EHW X,H 3 V P085 152-16-9 octamethylphosphoramide 3.1 1.00 EHW A 9 V U070 95-50-1 o-dichlorobenzene 10 3.23 EHW B,H 4 IV O019 oil and grease 1,000 323 Ib P085 152-16-9 Osmium oxide 3.1 1.00 EHW B 1 V P087 20816-12-0 osmium trioxide 3.1 1.00 EHW B 1 V U222 636-21-5 o-toluidine hydrochloride 563 182 DW D,+ 4 V U115 75-21-8 Oxirane 3.1 1.00 EHW C,I V U041 106-89-8 Oxirane, 2-(chloromethyl)- 3.1 1.00 EHW C,H,+ V U239 1330-20-7 o-xylene 500 162 EHW C,I 4 IV U072 106-46-7 PARA 0.3 0.10 EHW B,H 4 IX U182 123-63-7 paraldehyde 563 182 DW D,I 11 V P089 56-38-2 Parathion 3.1 1.00 EHW X 2 V U197 106-51-4 p-benzoquinone 3.1 1.00 EHW C 4,9 V P024 106-47-8 p-chloroaniline 3.1 1.00 EHW C,H 4 V U072 106-46-7 p-dichlorobenzene 0.3 0.10 EHW B,H 4 IV U183 608-93-5 pentachlorobenzene 3.1 1.00 EHW H 4 V U184 76-01-7 pentachloroethane 3.1 1.00 EHW A,H 3 V U185 82-68-8 pentachloronitrobenzene 3.1 1.00 EHW D,H,+ 4,9 V U242 87-86-5 pentachlorophenol 30 9.69 EHW A,H 4 IIa U187 62-44-2 phenacetin 563 182 DW D,+ V U188 108-95-2 phenol 300 96.9 EHW C 4 IIa U212 58-90-2 phenol, 2,3,4,6-tetrachloro- 3.1 1.00 EHW C,H 4 IIa Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-63 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 U230 95-95-4 phenol, 2,4,5-trichloro- 1 0.323 EHW A,H 4 IIa P009 131-74-8 phenol, 2,4,5-trinitro-, ammonium salt 3.1 1.00 EHW R,? 4,9 V U231 88-06-2 phenol, 2,4,6-trichloro- 2 0.646 EHW A,H 4 IIa U081 120-83-2 phenol, 2,4-dichloro- 0.3 0.096 EHW D,H 4 IIa U101 105-67-9 phenol, 2,4-dimethyl- 400 129 DW D 4 IIa P048 51-28-5 phenol, 2,4-dinitro- 70 22.6 EHW B 4,9 IIa P020 88-85-7 phenol, 2,4-dinitro-6-(1-methyl-propyl)- 3.1 1.00 EHW B 4,9 V P047 534-52-1 phenol, 2,4-dinitro-6-methyl-, and salts 3.1 1.00 EHW B 4,9 V P082 62-75-9 phenol, 2,6-dichloro- 3.1 1.00 EHW D,H 4 V U048 95-57-8 phenol, 2-chloro- 0.1 0.032 EHW D,H 4 IIa P034 131-89-5 phenol, 2-cyclohexyl-4,6-dinitro- 3.1 1.00 EHW C 4,9 V U039 59-50-7 phenol, 4-chloro-3-methyl- 3.1 1.00 EHW H 4 V U017 98-87-3 phenol, 4-nitro- 3.1 1.00 EHW C 4,9 V U242 87-86-5 phenol, pentachloro- 30 9.69 EHW A,H 4 IIa O022 Phenols, NEC 1.0 0.323 IIb P036 696-28-6 phenyl dichloroarsine 3.1 1.00 EHW B,H 4,9 V P092 62-38-4 phenylmercuric acetate 3.4 1.10 EHW B 4,1 Ia P094 298-02-2 phorate 3.1 1.00 EHW X 2 V P095 75-44-5 phosgene 3.1 1.00 EHW B,H 1 V P096 7803-51-2 phosphine 3.1 1.00 EHW B,I 1 V P043 55-91-4 phosphofluoridic acid bis(1-methyl-ethyl)-ester 3.1 1.00 EHW B,H 2 V P041 311-45-5 phosphoric acid, diethyl p-nitrophenyl ester 3.1 1.00 EHW V U145 7446-27-7 phosphoric acid, lead salt 65 21.0 DW + 1 Ia P044 60-51-5 phosphorodithioic acid, 0,0-dimethyl S-[2- methylamino)-2-oxoethyl] ester 3.1 1.00 EHW A 2 V U087 3288-58-2 phosphorodithioic acid, 0,0-dimethyl-S-methyl ester 563 182 EHW 12 V P094 298-02-2 phosphorothiac acid, 0,0-diethyl S- (ethylthio)methyl ester 3.1 1.00 EHW X 3 V P089 56-38-2 phosphorothioic acid, 0,0-diethyl O-(P- nitophenyl) ester 3.1 1.00 EHW X 2 V P040 297-97-2 phosphorothioic acid, 0,0-diethyl O-pyravinyl ester 3.1 1.00 EHW A 2 V P097 52-85-7 phosphorothioic acid, 0,0-dimethyl 0-[p- ((dimethylamino)-sulfonyl)] ester 3.1 1.00 EHW A 2 V U189 1314-80-3 phosphorous sulfide 3.1 1.00 EHW B,I,R 1 V U190 85-44-9 phthalic anhydrite 3.1 1.00 EHW C 12 V P110 78-00-2 plumbane, tetraethyl- 76 24.5 EHW A 1,10 Ia Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-64 P077 100-01-6 p-nitroaniline 3.1 1.00 EHW D,? 4,9 V P170 100-02-7 p-nitrophenol 3.1 1.00 EHW C 4,9 V P098 151-50-8 potassium cyanide 330 107 EHW A 1 IIa P099 506-61-6 potassium silver cyanide 93 30.0 EHW A 1 Ia U192 23950-58-5 pronamide 563 182 DW 9 V P070 116-06-3 propanal, 2-methyl-2(methylthio)- 3.1 1.00 EHW B 2 V U066 96-12-8 propane, 1,2-dibromo-3-chloro 3.1 1.00 EHW C,H,+ 3 V U027 108-60-1 propane, 2,2'oxybis[2-chloro]- 3.1 1.00 EHW C,H,O 3 V U171 79-46-9 propane, 2-nitro- 3.1 1.00 EHW C,I 11,9 V U149 109-77-3 propanedintrile 3.1 1.00 EHW B 9 V P101 107-12-0 propanenitrile 3.1 1.00 EHW B 9 V P079 75-86-5 propanenitrile, 2-hydroxy-2-methyl- 3.1 1.00 EHW A 9 V P027 542-76-7 propanenitrile, 3-chloro- 3.1 1.00 EHW B,H 3,9 V U008 79-10-7 propanoic acid 3.1 1.00 EHW C,O,I 11 V U233 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)- 10 3.23 EHW B,H 2 Ia P017 598-31-2 propanone, 1,bromo- 3.1 1.00 EHW C,H 3,11 V P102 107-19-7 propargyl alcohol 3.1 1.00 EHW X 11 V U007 79-06-1 propenamide 3.1 1.00 EHW C 9 V U084 542-75-6 propene, 1,3-dichloro- 3.1 1.00 EHW C,H 3 V U083 78-87-5 propylene dichloride 3.1 1.00 EHW C,H,I 3 V U196 110-86-1 pyridine 3.1 1.00 EHW C,I 9 V P075 54-11-5 pyridine, (S)-3-(1-methyl-2-pyrrodidinyl)- and salts 3.1 1.00 EHW B 9 V U155 91-80-5 pyridine, 2-[(2-dimethylamino)-2-phenylamino]- 563 182 DW D 9 V U191 109-06-8 pyridine, 2-methyl 3.1 1.00 EHW C 9 V U179 100-75-4 pyridine, hexahydro-N-nitroso- 3.1 1.00 EHW C,+ 9 V P111 107-49-3 pyrophosphoric acid, tetraethyl ester 3.1 1.00 EHW A 12 V U180 930-55-2 pyrrole, tetrahydro-N-nitroso-6-methyl-2-thioxo- 563 182 DW D,+ 9 V U200 50-55-5 reserpine 563 182 DW ? V U201 108-46-3 Resorcinol 3.1 1.00 EHW C 4 V U062 2303-16-4 S-(2,3-dichloroallyl)diisopropylthiocarbamate 3.1 1.00 EHW C,H,+ V U202 81-07-2 saccharine and salts 563 182 DW + 4,9 V U203 94-59-7 Safrole 563 182 DW D,+ 4,13 V U204 7783-00-8 selenious acid 16 5.17 DW O 1 Ia U204 7783-00-8 selenium dioxide 14 4.52 DW O 1 Ia U205 7488-56-4 selenium disulfide 11 3.55 DW R 1 Ia 1023 7782-49-2 selenium salts, NEC 10 3.23 1 Ia Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-65 (Revised 12/07) Spokane Valley Municipal Code 21.40.060 P103 630-10-4 Selenourea 18 5.81 EHW B 1 Ia P104 506-64-9 silver cyanide 62 20.0 EHW C 1 Ia 1024 7440-22-4 silver salts, NEC 50 16.15 1 Ia U233 93-72-1 Silvex (2,4,5-TP) 10 3.23 EHW B,H 2 Ia P105 26628-22-8 sodium azide 3.1 1.00 EHW A 1 V P106 143-33-9 sodium cyanide 377 122 EHW B 1 IIa 1025 7440-23-5 sodium salts, NEC 500 161 1 VI U206 18883-66-4 streptozotocin 563 182 DW + V P107 1314-96-1 strontium sulfide 3.1 1.00 EHW R,? 1 V P018 357-57-3 strychnidin-10-one, 2,3-dimethoxy- 3.1 1.00 EHW A 2 V P108 57-24-9 strychnidin-10-one, and salts 3.1 1.00 EHW B 2 V P108 57-24-9 strychnine and salts 3.1 1.00 EHW B 2 V O009 100-42-5 stryene 50 16.1 IV 1006 sulfate salts, NEC 3,000 968.80 1 VI U135 7783-06-4 sulfur hydride 3.1 1.00 EHW B,I 1 V U189 1314-80-3 sulfur phosphide 3.1 1.00 EHW B,I,R 1 V U205 7488-56-4 sulfur selenide 11 3.55 DW R 1 Ia U103 77-78-1 sulfuric acid, dimethyl ester 3.1 1.00 EHW C,O,+ 12 V P115 7446-18-6 sulfuric acid, thallium (I) salt 3.1 1.00 EHW B 1 V U234 99-35-4 sym-trinitrobenzene 563 182 DW D,R 4,9 V U210 127-18-4 tetrachloroethylene 35 11.30 EHW C,H 3 IV P110 78-00-2 tetraethyl lead 76 24.5 EHW A 1 Ia P109 3689-24-5 tetraethyldithiopyrophosphate 3.1 1.00 EHW A 1 V P111 107-49-3 tetraethylpyrophosphate 3.1 1.00 EHW A 1 V U213 109-99-9 tetrahydrofuran 563 182 DW I 9 V P062 757-58-4 tetraphosphoric acid, hexaethyl ester 3.1 1.00 EHW B 12 V P112 509-14-8 tetronitromethane 3.1 1.00 EHW A,R 9 V P113 1314-32-5 thallic oxide 15 4.84 EHW B 1 IIa U214 563-68-8 thallium (I) acetate 17 5.49 DW ? 1 IIa U215 6533-73-9 thallium (I) carbonate 17 5.49 DW ? 1 IIa U216 7791-12-0 thallium (I) chloride 16 5.17 DW ? 1 IIa P114 12039-52-0 thallium (I) selenide 19 6.14 EHW C 1 IIa P115 7446-18-6 thallium (I) sulfate 17 5.49 EHW B 1 IIa P113 1314-32-5 thallium (III) oxide 15 4.84 EHW B 1 IIa U217 10102-45-1 thallium nitrate 17 5.49 DW ? 1 IIa 1026 7440-28-0 thallium salts, NEC 13.4 4.33 1 IIa U218 62-55-5 thioactamide 563 182 DW + 9 V Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21.40.060 (Revised 12/07)21-66 U219 62-56-6 thiocarbamide 3.1 1.00 EHW C,+ 1,9 V P045 39196-18-4 thiofanox 3.1 1.00 EHW B 2 V U153 74-93-1 thiomethanol 3.1 1.00 EHW B,I 11 V P049 541-53-7 thiomidodicarbonic diamide 3.1 1.00 EHW A 9 V P014 108-98-5 thiophenol 3.1 1.00 EHW A 4 V P116 79-19-6 thiosemicarbozide 3.1 1.00 EHW B,H,+ 9 V U219 62-56-6 thiourea 3.1 1.00 EHW C,+ 1 V P026 5344-82-1 thiourea, (2-chlorophenyl)- 3.1 1.00 EHW A,H 4 V P072 86-88-4 thiourea, 1-naphthalenyl- 3.1 1.00 EHW B 5 V P093 103-85-5 thiourea, phenyl 3.1 1.00 EHW A 4 V U244 137-26-8 thiuran 563 182 DW D 2 V U220 108-88-3 toluene 100 32.3 EHW C,I 4 IV U221 25376-45-8 toluenediamine 563 182 DW ? 4,9 V 1007 total hardness 17,000 5,489.89 1 VI O015 8001-35-2 toxaphene 5.0 1.61 Ia U228 79-01-6 trichloroethene 45 14.5 EHW C,H,+ 3 IV U228 79-01-6 trichloroethylene 45 14.5 EHW C,H,+ 3 V P118 75-70-7 trichloromethanol 3.1 1.00 EHW H 11 V U121 75-69-4 trichloromonofluoromethane 32,300 10,432 EHW H 3 IIa U235 126-72-7 tris(2,3-disbromopropyl)phosphate 3.1 1.00 EHW D,H 3 V U236 72-57-1 trypan blue 3.1 1.00 EHW H,+ 9 V U237 66-75-1 Uracil mustard 3.1 1.00 EHW B,H,+ 9 V U237 66-75-1 Uracil, 5[bis(2-chloromethyl)amino] 3.1 1.00 EHW B,H,+ 9 V P119 7803-55-6 vanadic acid, ammonium salt 3.1 1.00 EHW B 1 V P120 1314-62-1 vanadium (V) oxide 3.1 1.00 EHW B 1 V P120 1314-62-1 vanadium pentoxide 3.1 1.00 EHW B 1 V U043 75-01-4 vinyl chloride 10.0 3.23 EHW D,H,+ 3 IV P001 81-81-2 Warfarin 3.1 1.00 EHW A 2 V U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-dimethoxy- 18-[(3,4,5-trimethoxy-benzoyl)oxy]-, methyl ester 563 182 DW ? 5,9 V P121 557-21-1 zinc cyanide 700 226 EHW C 1 IIa P122 1314-84-7 zinc phosphide 6,580 2,125 EHW B,R 1 Ib 1027 7440-66-6 zinc salts, NEC 5,000 1,615 1 Ib Appendix 21-G (Continued)HazardousWaste IDNumberCAS #Substance Name CriticalConcentrationµg / LCritical QuantitykgDOEDesignationEPA HazardClassReference 21-67 (Revised 9/10) Spokane Valley Municipal Code 21.40.070 2. Within the critical aquifer recharge area, the use, handling or storage of critical materials shall require submittal of the following informa- tion to the City and the fire department serving the property for which a permit is sought: a. Department of Ecology and Environ- mental Protection Agency identification number, name and classification; b. The amount and concentrations of crit- ical material used, handled or stored; c. The method of storage and spill con- tainment; d. Material safety data sheet (MSDS) for the critical material(s); and e. Spill containment management plan. 3. Spill containment facilities shall be designed to: a. Prevent all infiltration into the ground water or any contamination of property; b. Prevent commingling of stormwater runoff and critical materials; and c. Expedite clean-up operations. 4. Industrial pre-treatment shall be required for any waste entering the public wastewater col- lection system in accordance with the requirements of Spokane County utilities. 5. On-site disposal of any critical material or hazardous waste product is prohibited. F. Enforcement procedures for violations of this chapter shall be in conformance with Chapter 17.100 SVMC. (Ord. 07-015 § 4, 2007). 21.40.070 Reasonable use determination. A. The standards and regulations of this chapter are not intended, and shall not be construed or applied in a manner, to deny all reasonable eco- nomic use of private property. If an applicant dem- onstrates to the satisfaction of the City of Spokane Valley that strict application of the standards of this chapter would deny all reasonable use of their property, development may be permitted subject to appropriate conditions, derived from this chapter, as determined by the community development director. B. An applicant for relief from strict application of these standards shall demonstrate the following: 1. That no reasonable use with less impact on the critical area and buffer or setback is feasible and reasonable; and 2. That there is no feasible and reasonable on-site alternative to the activities proposed, con- sidering possible changes in site layout, reductions in density and similar factors; and 3. That the proposed activities, as condi- tioned, will result in the minimum possible impacts to critical area and buffer or setback; and 4. That all reasonable mitigation measures have been implemented or assured; and 5. That the inability to derive reasonable economic use is not the result of the applicant’s actions. C. Decision. The director shall include findings on each of the evaluation criteria listed in subsec- tion B of this section in a written decision. The written decision shall be mailed to the applicant and adjacent property owners, including property owners across public rights-of-way or private ease- ments. The written decision shall include condi- tions necessary to serve the purposes of this chapter. D. Process. A reasonable use determination is classified as a Type I permit and shall be processed pursuant to SVMC 17.80.070. (Ord. 10-010 § 3, 2010). 21.50.010 (Revised 9/10)21-68 Chapter 21.50 SHORELINE MANAGEMENT AND RESTORATION PROGRAM Sections: 21.50.010 General. 21.50.010 General. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County shoreline master program (SMP) which is referred to as Appendix 21-H, including an amendment adopted by Resolution 2-0471, dated May 2, 2002. (Ord. 07-015 § 4, 2007). TABLE OF CONTENTS INTRODUCTION Program Requirements Jurisdiction ------------------------------------------------------------------------------------------------------- ii Shorelines of Statewide Significance --------------------------------------------------------------------- iii SECTION ONE GOALS AND POLICIES FOR SHORELINE ELEMENTS IN SPOKANE COUNTY 1-1Goals for Shorelines of Statewide Significance --------------------------------------------------------- 1-3 Program Elements and Recommendations ------------------------------------------------------------- 1-4Plans and Considerations for the Spokane County Comprehensive Plan ------------------------------------------------------------------------------------------ 1-6 SECTION TWO SHORELINE MANAGEMENT AREAS ------------------------------------------------------------------------ 2-1 The Natural Area Designation ------------------------------------------------------------------------------ 2-1 The Pastoral Area Designation ----------------------------------------------------------------------------- 2-2The Conservancy Area Designation ----------------------------------------------------------------------- 2-2 The Rural Area Designation --------------------------------------------------------------------------------- 2-2The Urban Area Designation -------------------------------------------------------------------------------- 2-3 SECTION THREE POLICIES FOR SHORELINE USE ACTIVITIES ------------------------------------------------------------ 3-1 1. Agriculture ----------------------------------------------------------------------------------------------- 3-1 2. Aquaculture ---------------------------------------------------------------------------------------------- 3-2 3. Forest Management Practices ---------------------------------------------------------------------- 3-2 4. Commercial Development --------------------------------------------------------------------------- 3-3 5. Marinas --------------------------------------------------------------------------------------------------- 3-4 6. Mining ----------------------------------------------------------------------------------------------------- 3-5 7. Signs and Outdoor Advertising --------------------------------------------------------------------- 3-5 8. Residential Development ---------------------------------------------------------------------------- 3-6 9. Utilities ---------------------------------------------------------------------------------------------------- 3-7 10. Water- Related Industry ------------------------------------------------------------------------------ 3-911. Solid Waste Disposal --------------------------------------------------------------------------------- 3-10 12. Roads, Railroads and Bridges ---------------------------------------------------------------------- 3-1013. Archaeological Areas and Historical Sites ------------------------------------------------------- 3-12 14. Recreation ----------------------------------------------------------------------------------------------- 3-1315. Landfill ---------------------------------------------------------------------------------------------------- 3-13 16. Dredging ------------------------------------------------------------------------------------------------- 3-1417. Bulkheads ------------------------------------------------------------------------------------------------ 3-15 18. Piers and Docks ---------------------------------------------------------------------------------------- 3-16 19. Shoreline Protection ---------------------------------------------------------------------------------------- 3-17 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) SECTION FOUR USE REGULATIONS ------------------------------------------------------------------------4-1 Section I Preamble ------------------------------------------------------------------4-1Section ll Applications and Exemptions ----------------------------------------4-1 Section lll Shoreline Management Areas ---------------------------------------4-5Section IV Criteria and Objectives for Shoreline Management Areas ----4-5Section V General Regulations ----------------------------------------------------4-7 Section Vl Regulations for Use Activities ---------------------------------------4-9 1. Agriculture ---------------------------------------------------------------------------4-9 2 Aquaculture -------------------------------------------------------------------------4-9 3. Forest Management Practices -------------------------------------------------4-9 4. Commercial Development ------------------------------------------------------4-10 5. Marinas ------------------------------------------------------------------------------4-11 6. Mining --------------------------------------------------------------------------------4-12 7. Signs and Outdoor Advertising ------------------------------------------------4-13 8. Residential Development -------------------------------------------------------4-14 9. Utilities -------------------------------------------------------------------------------4-15 10. Water-Related Industry ----------------------------------------------------------4-19 11. Solid Waste Disposal ------------------------------------------------------------4-20 12. Roads, Railroads and Bridges -------------------------------------------------4-2013. Archaeological Areas and Historical Sites ----------------------------------4-2214. Recreation --------------------------------------------------------------------------4-22 15. Landfill -------------------------------------------------------------------------------4-2316. Dredging ----------------------------------------------------------------------------4-24 17. Bulkheads --------------------------------------------------------------------------4-24 18. Piers and Docks ------------------------------------------------------------------4-2519. Shoreline Protection -------------------------------------------------------------4-27 Section Vll Variances and Conditional Uses ------------------------------------------------ 4-27Section Vlll Administration and Penalties ----------------------------------------------------- 4-28 Section IX Program Continuity and Periodic Review ------------------------------------- 4-30 Section X Definitions ----------------------------------------------------------------------------- 4-31 SECTION FIVE PUBLIC PARTICIPATION AND BACKGROUND INFORMATION APPENDIX "A" -------MAILING LIST AND CITIZEN ADVISORY COMMITTEE APPENDIX "B" -------------------CITIZEN ADVISORY COMMITTEE MEETINGS Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Introduction Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Introduction Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Introduction Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Introduction Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (Revised 12/07) Uniform Development Code, Appendix 21-I Effective October 28, 2007 Page 1 of 3 Appendix 21-I Pertinent WAC 197-11 Provisions 1. 197-11-040 Definitions 2. 197-11-050 Lead Agency 3. 197-11-055 Timing of the State Environmental Policy Act process 4. 197-11-060 Content of environmental review 5. 197-11-070 Limitations on action during State Environmental Policy Act process 6. 197-11-080 Incomplete or unavailable information 7. 197-11-090 Supporting documents 8. 197-11-100 Information required of applicants 9. 197-11-158 GMA project review – reliance on existing plans, laws and regulations 10. 197-11-164 Planned actions – definition and criteria 11. 197-11-168 Ordinances or resolutions designating planned actions – procedures for adoption 12. 197-11-172 Planned actions, project review 13. 197-11-210 SEPA/GMA integration 14. 197-11-220 SEPA/GMA definitions 15. 197-11-228 Overall SEPA/GMA integration procedures 16. 197-11-230 Timing of an integrated GMA/SEPA process 17. 197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping 18. 197-11-235 Documents 19. 197-11-238 Monitoring 20. 197-11-250 SEPA/Model Toxics Control Act (MTCA) integration 21. 197-11-253 SEPA lead agency for MTCA actions 22. 197-11-256 Preliminary evaluation 23. 197-11-259 Determination of non-significance for MTCA remedial actions 24. 197-11-262 Determination of significance for MTCA remedial actions 25. 197-11-265 Early scoping for MTCA remedial actions 26. 197-11-268 MTCA interim actions 27. 197-11-300 Purpose of this article 28. 197-11-305 Categorical exemptions 29. 197-11-310 Threshold determination required 30. 197-11-315 Environmental checklist required 31. 197-11-330 Threshold determination process 32. 197-11-335 Additional information 33. 197-11-340 Determination of non-significance (DNS) 34. 197-11-350 Mitigated DNS 35. 197-11-355 Optional DNS process 36. 197-11-360 Determination of significance (DS)/initiation of scoping 37. 197-11-390 Effect of threshold determination 38. 197-11-400 Purpose of EIS 39. 197-11-402 General requirements 40. 197-11-405 EIS types 41. 197-11-406 EIS timing 42. 197-11-408 Scoping 43. 197-11-410 Expanded scoping 44. 197-11-420 EIS preparation 45. 197-11-425 Style and size 46. 197-11-430 Format 47. 197-11-435 Cover letter or memo 48. 197-11-440 EIS contents 49. 197-11-442 Contents of EIS on nonproject proposals 50. 197-11-443 EIS contents when prior nonproject EIS 51. 197-11-444 Elements of the environment 52. 197-11-448 Relations of the EIS to other considerations 53. 197-11-450 Cost-benefit analysis (Revised 12/07) Uniform Development Code, Appendix 21-I Effective October 28, 2007 Page 2 of 3 54. 197-11-455 Issuance of draft EIS (DEIS) 55. 197-11-460 Issuance of final EIS (FEIS) 56. 197-11-500 Purpose of this article 57. 197-11-502 Inviting comment 58. 197-11-504 Availability and cost of environmental documents 59. 197-11-508 SEPA register 60. 197-11-510 Public notice 61. 197-11-535 Public hearings and meetings 62. 197-11-545 Effect of no comment 63. 197-11-550 Specificity of comments 64. 197-11-560 FEIS response to comments 65. 197-11-570 Consulted agency costs to assist lead agency 66. 197-11-600 When to use existing environmental documents 67. 197-11-610 Use of NEPA documents 68. 197-11-620 Supplemental environmental impact statement – Procedures 69. 197-11-625 Addenda – Procedures 70. 197-11-630 Adoption – Procedures 71. 197-11-635 Incorporation by reference – Procedures 72. 197-11-640 Combining documents 73. 197-11-650 Purpose of this article 74. 197-11-655 Implementation 75. 197-11-660 Substantive authority and mitigation 76. 197-11-680 Appeals 77. 197-11-700 Definitions 78. 197-11-702 Act 79. 197-11-704 Action 80. 197-11-706 Addendum 81. 197-11-708 Adoption 82. 197-11-710 Affected tribe 83. 197-11-712 Affecting 84. 197-11-714 Agency 85. 197-11-716 Applicant 86. 197-11-718 Built environment 87. 197-11-720 Categorical exemption 88. 197-11-721 Closed record appeal 89. 197-11-722 Consolidated appeal 90. 197-11-724 Consulted agency 91. 197-11-726 Cost/benefit analysis 92. 197-11-728 County/city 93. 197-11-730 Decision maker 94. 197-11-732 Department 95. 197-11-734 Determination of non-significance (DNS) 96. 197-11-736 Determination of significance (DS) 97. 197-11-738 EIS 98. 197-11-740 Environment 99. 197-11-742 Environmental checklist 100. 197-11-744 Environmental document 101. 197-11-746 Environmental review 102. 197-11-750 Expanded scoping 103. 197-11-752 Impacts 104. 197-11-754 Incorporation by reference 105. 197-11-756 Lands covered by water 106. 197-11-758 Lead agency 107. 197-11-760 License 108. 197-11-762 Local agency 109. 197-11-764 Major action 110. 197-11-766 Mitigated DNS (Revised 12/07) Uniform Development Code, Appendix 21-I Effective October 28, 2007 Page 3 of 3 111. 197-11-768 Mitigation 112. 197-11-770 Natural environment 113. 197-11-772 NEPA 114. 197-11-774 Nonproject 115. 197-11-776 Phased review 116. 197-11-778 Preparation 117. 197-11-780 Private project 118. 197-11-782 Probable 119. 197-11-784 Proposal 120. 197-11-786 Reasonable alternative 121. 197-11-788 Responsible official 122. 197-11-790 SEPA 123. 197-11-792 Scope 124. 197-11-793 Scoping 125. 197-11-794 Significant 126. 197-11-796 State agency 127. 197-11-797 Threshold determination 128. 197-11-799 Underlying governmental action 129. 197-11-800 Categorical exemptions 130. 197-11-880 Emergencies 131. 197-11-890 Petitioning DOE to change exemptions 132. 197-11-900 Purpose of this article 133. 197-11-902 Agency SEPA policies 134. 197-11-916 Application to ongoing actions 135. 197-11-920 Agencies with environmental expertise 136. 197-11-922 Lead agency rules 137. 197-11-924 Determining the lead agency 138. 197-11-926 Lead agency for governmental proposals 139. 197-11-928 Lead agency for public and private proposals 140. 197-11-930 Lead agency for private projects with one agency with jurisdiction 141. 197-11-932 Lead agency for private projects requiring licenses form more than one agency when one of the agencies is a county/city 142. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies 143. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency 144. 197-11-938 Lead agencies for specific proposals 145. 197-11-940 Transfer of lead agency status to a state agency 146. 197-11-942 Agreements on lead agency status 147. 197-11-944 Agreements on division of lead agency duties 148. 197-11-946 DOE resolution of lead agency disputes 149. 197-11-948 Assumption of lead agency status (Revised 12/07) 22-1 (Revised 3/11) Title 22 DESIGN AND DEVELOPMENT STANDARDS Chapters: 22.10 Authority 22.20 Concurrency 22.30 Performance Standards and Incentives 22.40 Evacuation and Emergency Response Standards 22.50 Off-Street Parking and Loading Standards 22.60 Outdoor Lighting Standards 22.70 Fencing, Screening and Landscaping 22.80 (Reserved) 22.90 (Reserved) 22.100 (Reserved) 22.110 Sign Regulations 22.120 Wireless Communication Facilities 22.130 Development Transportation Improvements 22.140 Street Vacations 22.150 Stormwater Management Regulations 22.160 Wastewater Pretreatment 22-3 (Revised 2/10) Spokane Valley Municipal Code 22.20.020 Chapter 22.10 AUTHORITY Sections: 22.10.010 Purpose. 22.10.010 Purpose. The following design and development stan- dards are established pursuant to RCW 35A.11.020, 35A.14.140, Chapter 36.70A RCW (the Growth Management Act), Chapter 58.17 RCW and WAC 365-195-800 through 365-195- 865 as well as provisions of SVMC Titles 17 through 25. (Ord. 07-015 § 4, 2007). Chapter 22.20 CONCURRENCY Sections: 22.20.010 Concurrency determination. 22.20.020 Concurrency review. 22.20.030 Pre-application determinations. 22.20.040 Application procedures. 22.20.050 Relation to other requirements. 22.20.060 Phased development. 22.20.070 Conflicts between provisions. 22.20.080 Transportation concurrency – Additional considerations. 22.20.090 Water and sewer concurrency – Additional considerations. 22.20.010 Concurrency determination. A. The following facilities and services must be evaluated for concurrency: 1. Transportation; 2. Public water; 3. Public sewer. B. The City may also consider concurrency issues for the following facilities and services: 1. Parks and recreation; 2. Libraries; 3. Solid waste disposal; 4. Fire protection; 5. Police protection; 6. Schools. C. The review authority shall be the director or the director’s designee. (Ord. 07-015 § 4, 2007). 22.20.020 Concurrency review. A. All project permits/project applications except for those exempt as set forth in subsection C of this section shall be subject to concurrency review at the time an application is submitted. Con- currency shall be determined by evaluating the anticipated impact of the application against the level of service (LOS) set forth in the Comprehen- sive Plan. A certificate of concurrency issued by the reviewing authority shall be required prior to approval of any nonexempt application. B. A finding of concurrency requires that ade- quate facilities are available when the service demands of development occur, or in the case of transportation “concurrent with development” shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improve- ments or strategies within six years. The cumula- 22.20.030 (Revised 2/10)22-4 tive impact of development should be considered when making this determination. C. The following shall be exempt from concur- rency review: 1. Project permits that were issued, or project applications that were determined to be complete (see Chapter 36.70B RCW) prior to the effective date of these concurrency regulations. 2. The first renewal of a previously issued, unexpired project permit; provided, that substantial progress has been made as determined by the appropriate review authority. 3. Any project permit that will have trans- portation impacts of less than 10 peak hour vehic- ular trips, and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as determined by the senior traffic engineer. 4. The following project permit actions: a. Boundary line adjustments; b. Final subdivisions/final PRDs/final short plats/final binding site plans; c. Temporary use permit; d. Variances. 5. Proposed project permits/project applica- tions that do not create additional impacts on trans- portation facilities. Such projects may include but are not limited to: a. Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units over four units; b. Interior renovations with no change in use or increase in the number of dwelling units over four units; c. Any addition, remodel, or interior com- pletion of a structure for use(s) with the same or less intensity as the existing use or previously approved use. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007). 22.20.030 Pre-application determinations. Any person may inquire about the availability of capacity prior to project permit applications but responses to such inquiries are advisory only and available capacity can only be reserved by obtain- ing a concurrency certificate as set forth in this title. (Ord. 07-015 § 4, 2007). 22.20.040 Application procedures. A. Applications for concurrency review shall be submitted to the City. 1. Concurrency review shall be performed for the specific property, uses, densities and inten- sities, and traffic distribution information provided by the applicant/property owner and shall include any project phasing proposed by the applicant. 2. The City may request additional informa- tion in order to make a determination. 3. All applications shall be circulated for comment to the appropriate departments or agen- cies. 4. The project permit may be conditioned to assure adequate facilities are available to meet the demand generated by the project. If the project is approved, a concurrency certificate shall be issued to the property owner, his heirs and assigns. 5. If adequate facilities cannot be made available to maintain adopted level of service (LOS), the project application shall be denied. 6. The concurrency certificate shall automat- ically be voided if the project permit has been with- drawn, expires, or is otherwise cancelled. B. Concurrency Certificate. 1. Shall apply only to the specific land uses, densities, intensities and project described in the application and project permit; 2. Is not transferable to other property, but may be transferred to new owners of the same property; 3. Shall remain valid so long as the accompa- nying project permit has not expired or been revoked; 4. Is valid for any modification of the per- mits for which the certificate was issued so long as such modification does not require the applicant to obtain a new project permit; and 5. Shall only be issued upon payment of any traffic fee due. C. Any capacity that is not used because the full extent of the development is not built shall be con- sidered available capacity for a period not to exceed six years. D. Concurrency Certificate Fees. Fees for issu- ing concurrency certificates shall be based on the currently adopted Spokane Valley master fee schedule. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007). 22.20.050 Relation to other requirements. Compliance with or exemption from the requirements of these regulations shall not exempt a project from compliance with all other county, state, and federal regulations. (Ord. 07-015 § 4, 2007). 22.20.060 Phased development. When a project is proposed in phases or con- struction is expected to extend over some period of 22-5 (Revised 2/10) Spokane Valley Municipal Code 22.20.090 time, the applicant/property owner may offer a schedule of occupancy that will be used to deter- mine the schedule of improvements that must be completed, or financially guaranteed, prior to occupancy of each phase. However, the required improvements shall be determined by analyzing the impacts estimated to be generated by the fully completed project. (Ord. 07-015 § 4, 2007). 22.20.070 Conflicts between provisions. This chapter shall apply as an overlay and in addition to other adopted plans, ordinances and regulations affecting lands in the City. In the event of any conflict between this code and other plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any conflict between this code and any development agreement which has been executed under RCW 36.70B.170, prior to the effective date of the ordinance codified in this title, the development agreement or provi- sions therein shall govern and prevail during the term of the agreement. (Ord. 07-015 § 4, 2007). 22.20.080 Transportation concurrency – Additional considerations. Transportation concurrency shall be in accor- dance with City of Spokane Valley street standards adopted pursuant to SVMC 22.130.040, Street standards. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007). 22.20.090 Water and sewer concurrency – Additional considerations. A. Local water purveyors must certify to the availability of water capacity and pressure to serve new development, subject to such security as the individual purveyor may require. B. Spokane County must certify to the avail- ability of adequate sewer collection and treatment capacity: 1. At the time of completion/occupancy; or 2. Be located within the Spokane County six-year sewer capital improvement program, as adopted. C. New development located within a six-year sewer capital improvement program area may install septic systems on an interim basis until such time as sewer service is available. All new devel- opment shall install dry line sewers and double plumbing if the new development will rely on an interim septic tank/drain field system rather than being connected to a live sewer. Once sewer ser- vice is available, the development shall be required to immediately connect to the county’s sewer sys- tem. (Ord. 07-015 § 4, 2007). (Revised 2/10)22-6 Chapter 22.30 PERFORMANCE STANDARDS AND INCENTIVES (Reserved) Chapter 22.40 EVACUATION AND EMERGENCY RESPONSE STANDARDS (Reserved) 22-7 (Revised 2/15) Spokane Valley Municipal Code 22.50.020 Chapter 22.50 OFF-STREET PARKING AND LOADING STANDARDS Sections: 22.50.010 Purpose. 22.50.020 Vehicle parking. 22.50.030 Off-street loading. 22.50.040 Bicycle parking. 22.50.050 Landscaping in parking areas. 22.50.010 Purpose. The purpose of these standards is to provide safe on-site circulation for motorists, bicyclists and pedestrians and to provide adequate parking, pedestrian facilities and access. (Ord. 07-015 § 4, 2007). 22.50.020 Vehicle parking. A. The number of required off-street parking spaces shall be based on the following: 1. “Gross square feet” shall mean the total area of the specific use. 2. Where fractional spaces result, the park- ing spaces required shall be constructed to the nearest whole number. 3. Uses not specified in Table 22.50-2 shall provide parking based on a use of similar nature. 4. New Construction. Prior to occupancy of a new structure, off-street vehicle parking shall be provided pursuant to Table 22.50-2. 5. Expansion of Existing Use. Prior to occu- pancy of an expanded (enlarged) floor area, off- street vehicle parking shall be provided pursuant to Table 22.50-2 based on the expanded square foot- age. 6. Change of Occupancy. If a change in the occupancy classification is required, off-street parking shall be provided pursuant to Table 22.50- 2 based on the proposed use prior to occupancy. 7. In the case of multiple-use occupancies, other than shopping centers, in a building or on a lot, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed separately. 8. Tandem spaces shall not count as required parking. 9. All parking, maneuvering and loading areas shall be paved. 10. The director may allow a reduction up to 25 percent when the applicant makes a written request demonstrating site conditions that prohibit compliance with these requirements. B. Location of parking spaces, except as fol- lows: 1. For nonresidential uses, required off- street parking shall be located in the same zone or in a zone which allows the use for which the park- ing is required. 2. All parking spaces required herein shall be located on the same parcel with the building or use served unless: a. The parking is located on a contiguous parcel or parcels under the same ownership and title notice is filed identifying the parking serving the other building or use; or b. If the required parking for a building or use is located on a parcel(s) other than described in subsection (B)(1) of this section, the owner of the parcel upon which the proposed parking is located executes a joint parking agreement in a form acceptable to the city attorney, stating that the par- cel is devoted in whole or in part to required park- ing for the use of a parcel or parcels under separate ownership. The agreement shall be binding on both properties and shall be recorded with the Spokane County auditor’s office and filed with the Spokane Valley department of community development; c. Where shared parking is proposed, the minimum number of parking spaces for all shared uses shown on Table 22.50-2 shall be calculated. When these totals are applied to the percentages shown on Table 22.50-1, the minimum number of parking spaces required is the largest sum of the individual totals for each time period; d. Parking not provided on the same site as the use or structure shall not be separated from the use or building by a street designated as an arte- rial. Table 22.50-1 – Shared Use Allowances General Land Use Classification Weekdays Weekends 1:00 a.m. – 7:00 a.m. 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 1:00 a.m. 1:00 a.m. – 7:00 a.m. 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 1:00 a.m. Office 5% 100% 5% 0% 15% 0% 22.50.020 (Revised 2/15)22-8 3. Up to 50 percent of the parking facilities required by this chapter for a “daytime use” may be provided by the parking facilities of a “nighttime” use or vice versa; provided, that the parking area shall be subject to a reciprocal parking agreement and the conditions set forth herein. 4. Up to 100 percent of the weekend and/or nighttime parking facilities required by this chapter for a church, auditorium, stadium, and/or other assembly areas incidental to public or private schools may be supplied by parking facilities required for school use. Retail sales and services 0% 100% 80% 0% 100% 60% Restaurant (not 24-hr.) 20% 70% 100% 30% 75% 100% Residential 100% 60% 100% 100% 75% 95% Theater 0% 60% 100% 0% 80% 100% Hotel Guest rooms 100% 55% 100% 100% 55% 100% Tavern/bar/lounge 100% 55% 100% 100% 55% 100% Conference rooms 0% 100% 100% 0% 100% 100% Religious institution 0% 25% 50% 0% 100% 50% Table 22.50-1 – Shared Use Allowances (Continued) General Land Use Classification Weekdays Weekends 1:00 a.m. – 7:00 a.m. 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 1:00 a.m. 1:00 a.m. – 7:00 a.m. 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 1:00 a.m. Table 22.50-2 – Required Parking Spaces for Specific Activities Use Required Parking Agriculture and Animal Animal processing/handling 1 per staff on largest shift Greenhouse/nursery, commercial 1 per 500 gross square feet Community Services Church, temple, mosque, synagogue and house of worship 1 per 4 fixed seats or 1 per 150 square feet of floor area Community hall, club or lodge 1 per 350 gross square feet Funeral home 1 per 500 gross square feet Daycare Day care, adult and child 1 per 500 gross square feet Education Schools, college or university 1 per 600 gross square feet of classroom and 1 per 5 seats in principal assembly room Schools, K through 8 1 per classroom Schools, 9 through 12 7 per classroom Schools, professional, vocational and trade 1 per 600 gross square feet Schools, specialized training studios 1 per 350 gross square feet Entertainment Casino 1 per 350 gross square feet Cultural facilities 1 per 800 gross square feet 22-9 (Revised 2/15) Spokane Valley Municipal Code 22.50.020 Major event entertainment and indoor theaters 1 per 4 fixed seats or 1 per 150 square feet of floor area Recreation facility, indoor 1 per 350 gross square feet Recreation facility, outdoor 20 per acre of site Food and Beverage Service Brewery, winery and/or distillery 1 per 1,000 gross square feet Espresso establishment, restaurant, tavern/night club, tasting room 1 per 250 gross square feet, min. of 2 Group Living Assisted living facility/convalescent/nursing home 1 per 4 residents plus 1 per staff on largest shift Community residential facility 1 per 4 residents Dwelling, congregate 1 per sleeping room Industrial, Light and Heavy Assembly/manufacturing/processing, light 1 per 600 gross square feet Assembly/manufacturing/processing, heavy 1 per 1,000 gross square feet Wrecking, recycling, junk and salvage yards 1 per 2,000 gross square feet Industrial Service Carpet/rug cleaning, dry cleaning, laundry, linen supply plant, commercial 1 per 1,000 gross square feet Laboratories (all bio safety labels) 1 per 1,000 gross square feet Lodging Bed and breakfast, hotel/motel 1 per guest room and 1 per staff on largest shift Medical Hospital 1 per 500 gross square feet Medical/dental clinic Two or less professionals 1 per 500 gross square feet Three or more professionals 1 per 350 gross square feet Office Animal clinic/veterinary 1 per 500 gross square feet Call center 1 per 250 gross square feet Office, professional and general 1 per 500 gross square feet Residential Dwelling, accessory units 1 per dwelling unit Dwelling, multifamily Dwelling, studio and one bedroom 1 per dwelling unit, plus 5% of total for guests Dwelling, two or more bedrooms 1.5 per dwelling unit, plus 5% of total for guests Dwelling, one- and two-family, townhouse 2 per dwelling unit Manufactured (mobile) home park 2 per dwelling unit plus 5% total for guest parking Table 22.50-2 – Required Parking Spaces for Specific Activities (Continued) Use Required Parking 22.50.020 (Revised 2/15)22-10 C. Off-Street Parking Design Standards and Minimum Dimensions. Retail Sales Appliance and furniture sales/service 1 per 1,000 square feet of display area Building supply and home improvement 1 per 350 gross square feet Convenience store 1 per 400 gross square feet Equipment sales, rental, maintenance and repair 1 per 1,000 gross square feet Landscape materials sales 1 per 1,000 gross square feet Retail sales, indoor, including shopping centers 1 per 350 gross square feet Retail sales, outdoor 1 per 5,000 gross square feet of display area Showroom 1 per 2,000 gross square feet Retail Services Personal services 1 per 350 gross square feet Banks, savings and loan, and other financial institutions, post office, postal centers, and other similar uses 1 per 350 gross square feet Vehicle Services Automobile parts, accessories and tires 1 per 300 gross square feet Automobile/taxi rental, passenger vehicle sales, service and repair 1 per 1,000 gross square feet of building footprint and 1 per 5,000 square feet of indoor/outdoor display area Automobile/truck/RV/motorcycle service, painting, repair, body and fender works 1 per 500 gross square feet Boat and RV sales, and service and repair 1 per 1,000 gross square feet of building footprint and 1 per 5,000 square feet of indoor/outdoor display area Car wash, self-service 1 per 500 gross square feet Fueling station 1 per 4 pumps Warehouse, Wholesale, and Freight Movement Freight forwarding 1 per 2,000 gross square feet Storage, general indoors, warehouse 1 per 3,500 gross square feet Storage, general outdoors, display 1 per 1,500 gross square feet Table 22.50-3 – Parking Minimum Design Requirements Parking Angle (in degrees) Standards Stall Projection Minimum Stall Width Minimum Stall Depth Minimum Aisle Width D A SP B C One-Way Two-Way 0 (parallel) 8'6" 22' 8' 20' 20' 30 17' 8'6" 17' 20' 20' 45 12' 8'6" 17'6" 20' 20' 50 11'1" 8'6" 18' 20' 20' Table 22.50-2 – Required Parking Spaces for Specific Activities (Continued) Use Required Parking 22-11 (Revised 2/15) Spokane Valley Municipal Code 22.50.020 D. Compact Car Allowance. 1. A maximum of 30 percent of the total required off-street parking stalls may be permitted and designated for compact cars. 2. Each compact stall shall be designated as such, with the word “COMPACT” printed onto the stall, in a minimum of eight-inch letters and main- tained as such over the life of the use of both the space and the adjacent structure it serves. 3. Dimensions of compact parking stalls shall be eight feet by 17 feet. 4. Compact spaces shall be designated in one specific area of the off-street parking facility. E. Carpool/Vanpool Parking. New office and industrial development with 50 or more required parking spaces shall designate at least five percent of the spaces for employee carpool or vanpool parking. Employee carpool and vanpool parking shall be located closer to the building entrance or the employee entrance than other employee park- ing with the exception of accessible parking. The carpool/vanpool spaces shall be clearly marked “Reserved Carpool/Vanpool Only.” F. All traffic circulation lanes and fire lanes must be maintained free and clear of merchandise, carts and any other materials to allow for emer- gency access. G. Accessible Parking. The intent of this sub- section is to comply with the Americans with Dis- abilities Act by allowing a person with a physical 55 10'5" 8'6" 18'6" 20' 20' 60 9'6" 8'6" 19' 20' 20' 65 9'5" 8'6" 19'6" 20' 21' 70 9'1" 8'6" 19'6" 20' 21'6" 75 8'10" 8'6" 19' 20' 22' 90 8'6" 8'6" 18' 20' 22'6" Table 22.50-3 – Parking Minimum Design Requirements (Continued) Parking Angle (in degrees) Standards Stall Projection Minimum Stall Width Minimum Stall Depth Minimum Aisle Width D A SP B C One-Way Two-Way 22.50.030 (Revised 2/15)22-12 disability to independently get to a site, facility, building or element (American National Standards Institute, Inc.). 1. Location. Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. Where buildings have multiple accessi- ble entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. 2. Hospital Outpatient Facilities. Ten per- cent of patient and visitor parking spaces provided shall be accessible. 3. Rehabilitation Facilities and Outpatient Physical Therapy Facilities. Twenty percent but not less than one of the portion of patient and visi- tor parking spaces shall be accessible. 4. Van Spaces. For every six or fraction of six accessible parking spaces, at least one shall be a van-accessible parking space. 5. Accessible car and van parking space size shall be as follows: a. Car parking spaces shall be eight feet (96 inches) minimum in width. b. Van parking spaces shall be 11 feet (132 inches) minimum in width. Exception: Van parking spaces shall be per- mitted to be eight feet (96 inches) minimum in width where the adjacent access aisle is eight feet (96 inches) minimum in width. (Ord. 14-018 § 3, 2014; Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 22.50.030 Off-street loading. A. Every building or part thereof erected or occupied for retail business, service, wholesale, manufacturing, storage, warehousing, hotel/motel, industrial or any other similar use that receives or distributes materials or merchandise shall provide loading spaces on site in accordance with the fol- lowing requirements: 1. All parking, loading and maneuvering of trucks shall be conducted on private property and shall not interfere with parking spaces or landscap- ing. 2. Loading spaces shall be located a mini- mum of 60 feet from any front property line. The director may allow exceptions when the applicant makes a written request demonstrating conditions that prohibit compliance with this requirement. 3. The minimum dimensions of off-street loading spaces shall be 12 feet wide by 30 feet long. 4. Required passenger vehicle parking shall not be allowed within the truck dock apron space. 5. The minimum number of off-street load- ing spaces shall be pursuant to Table 22.50-7: Table 22.50-4 – Accessible Parking Spaces Required Total Parking Spaces Provided Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total More than 1,000 20, plus one for each 100 over 1,000 Table 22.50-4 – Accessible Parking Spaces Required (Continued) Total Parking Spaces Provided Minimum Number of Accessible Spaces 22-13 (Revised 2/15) Spokane Valley Municipal Code 22.50.040 (Ord. 14-018 § 4, 2014; Ord. 09-033 § 5, 2009; Ord. 09-010 § 1, 2009; Ord. 08-007 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.50.040). 22.50.040 Bicycle parking. Bicycle parking shall be provided by all uses in multifamily residential, commercial, mixed use, office, and light industrial zoning districts pursuant to subsections A through F of this section. Bicycle parking is not required when the primary use of a business is to service vehicles. A. Bicycle parking shall consist of permanent bicycle racks capable of accommodating two or more bicycles. B. Multifamily developments shall provide one bike rack for every two buildings, including club- house and rental offices. C. All other uses shall provide bike spaces pur- suant to Table 22.50-8. D. Required bicycle parking shall be located within 50 feet of an entrance to the building or use. E. The location of the bicycle racks shall be vis- ible from the street to promote usage and enhance security. F. All bicycle parking shall be separated from motor vehicle traffic by a barrier, curb, post, bol- lard, landscaping or other similar device. G. The director may allow exceptions when the applicant makes a written request demonstrating site conditions that prohibit compliance with these Table 22.50-7 – Loading Spaces Required Use/Gross Square Feet Required Loading Spaces Industrial, manufacturing wholesale, warehouse, similar uses 10,000 – 40,000 square feet 1 space 40,001 – 60,000 square feet 2 spaces 60,001 – 100,000 square feet 3 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof Restaurants 20,000 – 60,000 square feet 1 space 60,001 – 100,000 square feet 2 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof Hospitals, convalescent/nursing homes and similar institutions 10,000 – 40,000 square feet 1 space 40,001 – 100,000 square feet 2 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof Department stores, retail and other commercial uses 10,000 – 20,000 square feet 1 space 20,001 – 50,000 square feet 2 spaces 50,001 – 100,000 square feet 3 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof Table 22.50-8 – Required Bicycle Spaces Total Parking Spaces Required Minimum Number of Bicycle Spaces Required 0 to 24 0 25 to 50 2 50 to 100 4 100 to 250 6 250 to 500 8 More than 500 10 Table 22.50-8 – Required Bicycle Spaces Total Parking Spaces Required Minimum Number of Bicycle Spaces Required 22.50.050 (Revised 2/15)22-14/16 requirements. (Ord. 14-018 § 5, 2014; Ord. 09-033 § 5, 2009; Ord. 07-015 § 4, 2007. Formerly 22.50.050). 22.50.050 Landscaping in parking areas. See SVMC 22.70.030, Screening and buffering. (Ord. 09-033 § 5, 2009; Ord. 07-015 § 4, 2007. Formerly 22.50.060). 22-17 (Revised 5/14) Spokane Valley Municipal Code 22.60.060 Chapter 22.60 OUTDOOR LIGHTING STANDARDS Sections: 22.60.010 Purpose. 22.60.020 Application. 22.60.030 General requirements. 22.60.040 Prohibited lights. 22.60.050 Exceptions. 22.60.060 Temporary lighting. 22.60.010 Purpose. The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. (Ord. 07- 015 § 4, 2007). 22.60.020 Application. The requirements of this chapter and the Wash- ington Energy Code apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting. (Ord. 13-012 § 3, 2013; Ord. 07-015 § 4, 2007). 22.60.030 General requirements. The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following require- ments: A. All outdoor lights shall include a light source and reflector that controls the light beam so that unshielded light does not extend across any bounding property line between incompatible uses or into the public right-of-way. B. Outdoor lighting fixtures shall be designed so that the light source is shielded at any bounding property line except where topographical charac- teristics make this impossible. C. Applications for commercial development will be evaluated by the community development director to determine if a lighting plan is required to assess and mitigate impacts. The need for a lighting plan will be based on the scope and scale of the project, compatibility with surrounding uses, and anticipated light impacts. If required, the plan will include the following: 1. A site plan showing the location of all out- door light fixtures. 2. The type and method of shielding for each light fixture. D. Lighting designed to accent landscaping fea- tures or architectural elements, including the illu- mination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. (Ord. 13-012 § 4, 2013; Ord. 07-015 § 4, 2007). 22.60.040 Prohibited lights. The following lights are prohibited unless a tem- porary permit is obtained for specific events with specific times of operation: A. Laser source light, strobe lights and similar high intensity light sources, except those associ- ated with approved activities of the City of Spo- kane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. B. Searchlights. (Ord. 13-012 § 4, 2013; Ord. 07-015 § 4, 2007). 22.60.050 Exceptions. A. Navigation and airport lighting required for the safe operation of boats and airplanes. B. Emergency lighting required by police, fire, and rescue authorities. C. Lighting for state and federal highways authorized by the Washington State Department of Transportation. D. Internal lighting of permitted signs. E. Outdoor lighting for public monuments. F. In-pool lighting for private swimming pools. G. Holiday decorations. (Ord. 13-012 § 5, 2013; Ord. 07-015 § 4, 2007). 22.60.060 Temporary lighting. The building official may authorize temporary exceptions not to exceed 30 days for good cause shown. (Ord. 07-015 § 4, 2007). 22.70.010 (Revised 5/14)22-18 Chapter 22.70 FENCING, SCREENING AND LANDSCAPING Sections: 22.70.010 Purpose and intent. 22.70.020 General provisions – Fencing. 22.70.030 Screening and buffering. 22.70.010 Purpose and intent. The use of fencing and screening reduces visual, noise and lighting impacts on adjacent properties and provides visual separation and physical buffers between land uses. It also serves to protect the health, safety and welfare of the community by eliminating dangerous conditions and preserving property values. (Ord. 07-015 § 4, 2007). 22.70.020 General provisions – Fencing. A. No sight-obstructing fence more than 36 inches in height, nor any non-sight-obstructing fence (cyclone) more than 48 inches in height may be erected and/or maintained within the required front yard of any lot used for residential purposes. B. Any fence or wall erected or placed behind the minimum required front yard setback line on a flanking, side or rear yard may be erected or main- tained to a maximum height of eight feet above the adjacent grade in residential zoning districts. Lots with double street frontage may have a fence con- structed on the property line around the yard not used as the main point of access (the apparent rear yard). C. Neither residential, commercial or industrial fencing, nor any sight obstruction including vege- tation, which constitutes a hazard to the traveling public shall be permitted on any lot in any zone within the area designated as the “clearview trian- gle” as set forth below: 1. A clearview triangle is a measurement applied at the intersection of two streets or the intersection of an alley, private road or driveway and a street to ensure unobstructed vision of motor- ists and pedestrians. Within the clearview triangle, the space between three and one-half feet and seven feet above the street, or three feet above the sidewalk, must be unobstructed and calculated as follows: a. Clearview triangles for new develop- ment and new commercial driveway approaches shall be calculated using the methods presented in SVMC 22.130.040, Street standards; 22-19 (Revised 8/12) Spokane Valley Municipal Code 22.70.020 Figure 22.70-1 Clearview Requirements b. Uncontrolled Intersection. The right isosceles triangle having sides of 50 feet measured along the curb line of each intersecting local access street (or five feet from edge of pavement for a street with no curbs) (see Figure 22.70-2); or Figure 22.70-2 Uncontrolled Intersection 22.70.020 (Revised 8/12)22-20 c. Two-Way Stop Controlled Intersection. The right triangle having a 16-foot side measured along the curb line of a local access street (or five feet from edge of pavement for a street with no curbs), alley or commercial driveway, and the dis- tance shown on Table 22.70-1 based on posted speed along the side along the curb line of the inter- secting street (or five feet from edge of pavement for a street with no curbs) (see Figure 22.70-3); or Figure 22.70-3 Two-Way Stop Controlled Intersection d. In cases including, but not limited to, arterials with posted speeds in excess of 35 miles per hour, one-way streets, steep grades and sharp curves, the City traffic engineer will determine the appropriate measurement; or e. Yield-Controlled Intersection. For intersections of local streets with 25 mile per hour speed limits, the right triangle having a 35-foot side measured along the curb line or edge of pavement of the yield-controlled street, and an 80-foot side measured along the curb line or edge of pavement of the intersecting street. Triangles for yield-con- trolled intersections on collectors or arterials, or streets with speeds higher than 25 miles per hour, will be determined by the City traffic engineer (see Figure 22.70-4); or Table 22.70-1 – Two-Way Stop Controlled Intersection Posted Speed (in MPH)Distance (in Feet) 25 70 30 95 35 110 22-21 (Revised 8/12) Spokane Valley Municipal Code 22.70.020 Figure 22.70-4 Yield-Controlled Intersection f. All-Way Stop Controlled. The triangle determined by the City traffic engineer using AASHTO sight distance requirements for all-way stop controlled intersections; or g. Signal-Controlled Intersection. The triangle determined by the City traffic engineer using AASHTO sight distance requirements for signalized intersections; or h. Noncommercial Driveway Serving Three or More Residences. The right isosceles triangle having sides of 15 feet measured along the curb line of the street and the edge of the driveway (see Figure 22.70-5). Figure 22.70-5 Noncommercial Driveway D. Exemptions. Clearview triangle regulations of this chapter shall not apply to: 1. Public utility poles; 2. Trees, so long as they are not planted in the form of a hedge and are trimmed to a height of at least seven feet above the street surface; 22.70.030 (Revised 8/12)22-22 3. Properties where the natural ground con- tour penetrates the clearview triangle; and 4. Traffic control devices installed by the City. E. Fences in nonresidential, commercial, mixed use and industrial zoning districts shall not exceed eight feet in height. F. Barbed wire may be used for security pur- poses in mixed use, commercial and industrial zon- ing districts in the absence of a residential component only on the upper one-quarter of the fence. Barbed wire shall not be permitted in any residential zoning district (except for confining animals, see subsections G and H of this section). Barbed wire shall be installed vertically or project- ing into property. An administrative determination may be made by the director for community facili- ties seeking relief from barbed wire requirements. G. In any residential zoning district, barbed wire fences may be used to confine animals, if the parcel meets the requirements contained in SVMC 19.40.150. H. Electric fences may be used for the confine- ment of animals; provided, however, that: 1. The fence is marked with warning signs at least 24 square inches in area located every 150 feet; and 2. The electric fence is located not less than 24 inches from the property line; and 3. Access to the fence is limited by conven- tional fencing or enclosure. I. A combination of sight-obscuring fences and landscaping shall be required between incompati- ble land uses as established in SVMC 22.70.030. J. Fencing shall not block the view of fire pro- tection equipment from approach. (Ord. 12-011 § 1, 2012; Ord. 07-015 § 4, 2007). 22.70.030 Screening and buffering. A. Applicability. The provisions of this section apply only to multifamily and nonresidential projects. B. Type I – Full Screening. 1. Where required for full screening, a sight- obscuring fence shall be installed consistent with the requirements for a clearview triangle. The fence shall be at least six feet high and 100 percent sight obscuring. Fences may be made of wood, ornamental iron or aluminum, brick, masonry, architectural panels, chain link with slats, or other permanent materials, berms, walls, vegetative plantings, or some combination of these. 2. The required fence shall be further screened by a mix of plantings located within a five-foot buffer strip that are layered and/or com- bined to obtain an immediate dense sight-obscur- ing barrier of two to three feet in height, selected to reach six feet in height at maturity as follows: a. A mixture of conifers and deciduous trees, planted at a distance of not less than 35 feet on center, with a maximum of 50 percent of the trees being deciduous; b. Evergreen shrubs shall comprise at least 75 percent of the plantings, planted at a dis- tance of not less than six feet on center; c. A minimum of 24 points of landscaping shall be installed for every 25 linear feet of buffer area; d. Plantings used for full screening adja- cent to public or private rights-of-way shall be located outside the fence or security system. Figure 22.70-6 Example of Type I Landscaping with Sight-Obscuring Fence (Not to Scale) 3. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appear- ance. 22-23 (Revised 8/12) Spokane Valley Municipal Code 22.70.030 Figure 22.70-7 Type I Full Screening C. Type II – Visual Buffering. 1. Where required to minimize the incompat- ibility between adjacent land uses, a visual screen of not less than five feet in width which may con- sist of fencing, architectural panels, berms, walls, vegetative plantings, or some combination of these shall be installed as follows: a. A mixture of conifers and deciduous trees, planted at a distance of not less than 35 feet on center, with a maximum of 75 percent of the trees being deciduous; b. Evergreen shrubs shall comprise at least 50 percent of the plantings; c. A minimum of 18 points of landscaping shall be installed for every 25 linear feet of buffer area. 2. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appear- ance. Figure 22.70-8 Example of Type II Landscaping 3. The buffer shall run the entire length of the abutting lot line(s). A natural, undisturbed wooded area at least 20 feet in width may substitute for landscaping. D. Full screening and buffering are required for land use classification as shown on Table 22.70-2. PLANTING MIXTURE PEDESTRIAN RIGHT-OF-WAYSIGHT-OBSTRUCTING FENCE Table 22.70-2 – Buffers Required by Type Zoning Districts R-1, R-2, R-3, R-4 MF-1, MF-2 O, GO NC, C, RC CMU, MUC City Center I-1, I-2 Planned Residential DevelopmentIIIIIII Manufactured Home Parks IIIIIII MF-1, MF-2 I n/a I II II II I O, GO I I n/a II n/a n/a n/a NC, C, RC I I II n/an/an/an/a CMU, MUC I I n/a n/a n/a n/a n/a City Center I I n/a n/a n/a n/a n/a I-1, I-2 IIIIIIn/a I – Type I Full Screening II – Type II Visual Buffering n/a – Not Applicable Evergreen Tree Deciduous Shrubs 22.70.030 (Revised 8/12)22-24 E. General Provisions – Landscaping. 1. Applicant may use any combination of planting materials to meet the requirements of this section. Points are assigned based on the following: 2. Landscaping must equal or exceed a min- imum number of points based on the size of the lot, parcel or tract and the number of parking spaces. 3. Landscaping Plan Requirements. A land- scaping plan shall be prepared and sealed by a reg- istered landscape architect when proposal exceeds 100 required landscape points. All landscape plans shall include the size and type of landscaping mate- rials, the dimensions of the tract, and a point calcu- lation showing compliance with this provision. 4. An additional 10 percent in the number of points shall be required adjacent to the following aesthetic corridors: a. State Route 27 from 16th Avenue South to 32nd Avenue and Mansfield Avenue to Trent Avenue; b. Appleway Boulevard (south side from Park Road to Dishman Mica Road); c. Mirabeau Parkway from Pines Road to Indiana Avenue; d. Dishman Mica Road from 8th Avenue, south to City limits; Table 22.70-3 – Landscaping Point Values Type of Plant Material Minimum Size (at time of planting) Point ValueDeciduous Trees (in caliper inches) Evergreen Trees (in feet of height) Large Tree 8-inch or greater 22 ft. and over 26 7-inch 19 – 21 ft. 24 6-inch 16 – 18 ft. 22 5-inch 13 – 15 ft. 20 4-inch 11 – 12 ft. 18 3-inch 9 – 10 ft. 15 Medium Tree 2-inch 7 – 8 ft. 12 Small Tree Single trunk: 1-inch 5 – 6 ft. 9 Ornamental Tree Multiple trunk (minimum 3 trunks): smallest trunk 1-inch caliper 5 – 6 ft. 9 Large Shrub 5-gallon and 24-inch height at planting 3 Medium Shrub 3-gallon and 12-inch height at planting 2 Small Shrub 2-gallon and 8-inch height at planting 1 Ornamental Grasses 1 gallon 1/2 Groundcover 1 gallon 1/2 4-inch pots 1/4 Existing Trees Greater than 6-inch caliper 22 – 50 Landscaped Berm 30-inch height; 10-foot length; 3:1 slope 1 per 5 linear ft. Turf Grass n/a 1/4 per sq. yd. Table 22.70-4 – Landscaping Points Required Size of Developed Area Number of Points Required for Development, Additions or Site Alterations 500 – 2,500 sq. ft. Site points = 25 2,501 – 5,000 sq. ft. Site points = 50 More than 5,000 sq. ft. Site points = 50 plus one point for each 200 sq. ft. of area over 5,000 sq. ft. Parking Two points per required parking space and one point for each proposed additional parking space 22-25 (Revised 8/12) Spokane Valley Municipal Code 22.70.030 e. 32nd Avenue within the City limits; f. Appleway Avenue from Barker Road to Hodges Road. 5. Points for required full screening or visual buffers shall be in addition to the points required to meet landscaping requirements of this section. 6. A maximum of 25 percent of required landscape points may be claimed within the street right-of-way. 7. A minimum of 60 percent of points shall be used for landscaping in the front and side yards. 8. A minimum of 25 percent of required points shall be used for evergreen plantings. 9. A maximum of 25 percent of required points may be used for turf grass. (Turf located within the street right-of-way is excluded.) 10. The type and location of vegetation shall not interfere with utilities and the safe and efficient flow of street traffic. Approval by the appropriate City departments responsible for street and utilities shall be required. 11. Any turf grass planted in the street right- of-way shall be excluded from turf point credits. 12. Street trees are included for point calcu- lation. 13. All plant material planted to meet the minimum requirements of these regulations shall be in a healthy condition at the time of planting and shall meet quality standards set forth by the Amer- ican Standard for Nursery Stock. 14. Turf grass shall be planted, seeded or re- seeded as necessary, watered and maintained in such a manner as to completely cover all exposed areas of soil after one full growing season. 15. No disturbed ground shall be left exposed. Grass and other approved and appropriate ground covers or mulch shall cover all nonpaved and nonbuilt developed areas. 16. Landscaping may be included within stormwater facilities, providing it does not impede on functionality and is consistent with stormwater guidelines. F. Street Trees. 1. Street trees shall include deciduous trees planted in or within 10 feet of any public or private right-of-way, planted at a distance of not less than 35 feet on center in sleeves designed to direct root development as shown in Figure 22.70-9 of this chapter. Figure 22.70-9 Root Barrier for Trees Planted Near Walkways 2. If construction is adjacent to any local access, collector or arterial, at least one medium tree shall be planted for each 40 linear feet, or frac- tion thereof, for that portion of the development abutting the right-of-way. 3. Where overhead utility lines are present, use appropriate street tree species as specified in Appendix 22-A, Recommended Planting List, in subsection O of this section. G. Landscaping Requirements for Parking Areas. 1. Headlight Screening. Where parking lot design includes spaces which allow vehicles to park perpendicular to public rights-of-way or structures located on adjacent parcels, headlight screening shall be required. Headlight screening should not exceed 30 inches in height for the length of the parking area. 22.70.030 (Revised 8/12)22-26 Figure 22.70-10 Headlight Screening 2. When a parking area abuts residentially zoned property along any interior side or rear prop- erty line, Type I full screening is required. 3. A maximum of 10 percent of the number of required parking spaces may be replaced with landscaping. Ten points of landscaping shall be required for each substituted parking space. 4. A minimum of 25 percent of required points for parking areas shall be evergreen plant materials. 5. Amount and Location. a. Each parking lot island and/or penin- sula shall be a minimum of 130 square feet with a minimum average width of five feet; b. Each parking lot island and/or penin- sula shall contain a minimum of one medium tree; c. The distance between any parking space and a landscaped area shall be no more than 75 feet; d. All parking lot planting areas shall be protected with concrete curbs, or equivalent barri- ers. Bumper blocks shall not be used for bound- aries around the landscaped area; e. All landscaping must be located between parking stalls, at the end of parking col- umns, or between stalls and the property line. Landscaping which occurs between the parking lot and a building or recreation area shall not be con- sidered as satisfaction of these requirements; f. Each tree shall be planted a minimum of two feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area. Trees may be staked for a period of not more than 12 months after planting; g. Ground cover or grasses shall be planted to cover each parking lot planting area within three years from the date of issuance of the certificate of occupancy. All ground cover shall have a mature height of not more than 24 inches. Loose rock, gravel, decorative rock or stone, or mulch shall not exceed 20 percent of the planting area; h. Space devoted to required parking lot planting areas shall be in addition to any required front, side, and rear yard buffer requirements; i. Stand-alone parking lots shall require three points of landscaping for each parking space and shall be exempt from other landscaping requirements. 6. Parking areas limited to commercial load- ing and truck maneuvering are limited to provision of street trees along public rights-of-way, planted at intervals no greater than 30 feet on center. 7. Modifications to protect drainage fea- tures, easements, or facilities shall be allowed. 8. The requirements of this section shall not apply to parking garages or parking decks, or dis- play areas for automotive and equipment sales and rentals. 9. Proposals requiring 10 new parking stalls or less are exempt from landscaping points found in Table 22.70-4. H. Landscaping Required for Common Open Space. 1. Fifty percent of the required common open area shall contain irrigated plantings. I. Screening of Loading Docks. Off-street load- ing spaces and apron space should be screened from view of the abutting streets for a minimum of 35 feet: 1. By a combination of permanent architec- tural and landscape elements such as walls, berms, trees and shrubs with a mature height of at least to the height of the top of the dock door but no greater than 12 feet above the truck dock apron; and 2. Shall, when viewed at a perpendicular angle from the street, screen the loading spaces completely, except for driveway opening(s). J. Landscaping Requirements for Freestanding Signs. 1. New freestanding sign structures serving a new development shall provide a landscaping area as follows: a. Structures on Slab. A landscape border of 18 inches or more measured from the edge of slab for monument signs. b. Single Pole Structures. A landscape border not less than 32 square feet in area located 18 inches or more measured from the edge of foot- ing if flush with natural grade, or 18 inches from the pole, provided the footing is covered with not less than 18 inches of soil. c. Multiple Pole Structures. A landscape border not less than 60 square feet in area located 18 inches or more measured from the edge of foot- ings. The landscape border may be placed adjacent to the poles provided footing is covered with not less than 18 inches of soil. 22-27 (Revised 8/12) Spokane Valley Municipal Code 22.70.030 2. New freestanding sign structures located within 208 swales areas require no additional land- scaping. Footings shall be installed in such a way that the biofiltration function of the swale is not diminished. 3. New freestanding sign structures located within existing developments where landscaping meets the requirements of subsection C of this sec- tion require no additional landscaping. 4. New sign structures on a fully developed site are exempt from landscaping. 5. Points for landscaping of sign structures may be used to meet the minimum requirements of this chapter. K. Xeriscaping. 1. The number of required points may be reduced by up to 20 percent for use of recom- mended xeriscape planting materials combined with decorative hardscape. Xeriscape planting materials need fewer waterings than typical lawn grasses and can tolerate, resist, or avoid drought after they are established. They have attractive ornamental features and are relatively easy to grow. Xeriscape planting materials have not been invasive in local growing conditions. 2. Use drip or trickle irrigation. 3. Mulch with three to four inches of shred- ded or ground bark, well-rotted compost, wood shavings or chips at the time of installation. L. Modification of Landscaping Requirement. 1. The director may approve alternative landscaping proposals where: a. Only a portion of the parcel is being developed; b. Landscaping would interfere with the adequate storage, conveyance, treatment or control of stormwater runoff or would interfere with the maintenance of stormwater facilities or natural drainage systems; c. Applicant proposes xeriscaping in con- formance with subsection K of this section; d. Existing structures or improvements preclude installation of required landscaping and irrigation systems as prescribed herein. e. Additions or expansions on developed industrial zoned properties may be exempt from landscaping requirements, where it is shown that the installation of landscaping is not feasible. 2. Where applicant proposes to preserve existing healthy trees, a credit may be applied to points for required landscaping; provided, how- ever, that not more than 25 percent of the total points may be located within the public right-of- way. Credit may be approved as follows: 3. The decision of the director regarding modification of landscape requirements shall be final unless an aggrieved person appeals that deci- sion to the hearing examiner. M. Installation, Maintenance, and Enforce- ment. 1. Prior to the issuance of a certificate of occupancy, person(s) who prepared the landscape plan will certify that the irrigation systems and landscaping have been installed in accordance with approved plans and specifications. 2. The director may authorize a delay where planting season conflicts would produce high prob- ability of plant loss. In the event the director autho- rizes a delay, a limited access agreement, not to exceed six months, may be issued to complete the installation of required landscaping. Maintenance of landscaping shall be the responsibility of the property owner. All landscap- ing required by this chapter shall be permanently maintained in a healthy growing condition. Table 22.70-5 – Credits for Tree Preservation Size of Preserved Deciduous Tree*Height of Existing Preserved Conifer Landscape Points Applied 6-inch caliper 16 – 18 ft. 25 7-inch caliper 19 – 21 ft. 28 8-inch to 10-inch caliper 22 – 28 ft. 30 10.1-inch caliper to 15-inch DBH 29 – 32 ft. 35 15.1-inch to 20-inch caliper 33 – 36 ft. 40 20.1-inch to 25-inch caliper 37 – 40 ft. 46 Over 25-inch caliper > 41 ft. 58 22.70.030 (Revised 8/12)22-28 Trees that become diseased, severely dam- aged or die shall be removed by the owner. All trees removed under this section shall be replaced in accordance with the approved landscaping plan for the property. Lack of maintenance shall consti- tute a violation of this code. a. Tree guards are to be used around the base of each tree in lawn areas. b. Trees are to be planted a minimum of four feet from any curb stop whenever possible. c. Landscaping must be maintained to allow fire protection equipment to be seen from approach. d. All landscaping must provide for a three-foot clear area around all fire protection equipment. Figure 22.70-11 Example of Suggested Shrub Planting 22-29 (Revised 8/12) Spokane Valley Municipal Code 22.70.030 Figure 22.70-12 Example of Suggested Deciduous Tree Planting Figure 22.70-13 Example of Suggested Deciduous Tree Planting 22.70.030 (Revised 8/12)22-30 Figure 22.70-14 Example of Suggested Deciduous Tree Planting Figure 22.70-15 Example of Suggested Conifer Tree Planting Spokane Valley Municipal Code 22.70.030 22-30.1 (Revised 8/12) N. Landscaping Plan Requirements. The land- scaping plan shall be prepared and sealed by a reg- istered landscape architect and include the size and type of landscaping materials, the dimensions of the tract, and a point calculation showing compli- ance with this provision. O. Recommended Planting Species. Refer to Appendix 22-A. Appendix 22-A – Recommended Planting List Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics LARGE TREES Robina pseudoacacia ‘Frisia’ Frisia Locust 40' Oval with upright arching branches Acer rubrum ‘October Glory’ October Glory Maple 40' Broadly oval to round Pyrus calleryana ‘Redspire’ Redspire Pear 35' Pyramidal, dense and symmetrical Pyrus calleryana ‘Trinity’ Trinity Pear 30' Broadly oval to round Pyrus calleryana ‘Autumn Blaze’Autumn Blaze Pear 30' Rounded Acer pseudoplatanus Sycamore Maple 40' Upright spreading branches. Rounded crown Acer rubrum Red Maple 40' Broadly oval to round Pseudotsuga menziesii Douglas Fir 80' – 150' Narrow leaves, dark blue-green conifer above Quercus coccinea Scarlet Oak 55' – 65' Outward branching, rounded with age. Good fall color Tilia condata ‘Greenspire’ Greenspire 60' Little leaf linden, symmetrical Gleditsia tricanthos inermis moraine Thornless Honey Locust 60' Allows filtered sunlight, long live adaptable tree. Carpinus betulus ‘Fastigiata’ Pyramidal European Hornbeam 35' Dense, compact, narrow when young, becoming oval. Columnar shape. Acer rubrum ‘Armstrong’ Armstrong Maple 45' Narrow, columnar habit. Pyrus calleryana ‘Chanticleer’ Chanticleer Pear 40' Upright, narrowly pyramidal Street Trees for Under Utility Lines Acer buergeranum Trident Maple 20' Low spreading growth; multiple stems; oval; round; can be trained. Acer griseum Paperbark Maple 20' Multiple trunks which branch close to the ground; oval; upright; vase shape. Acer saccharum ‘Barrett Cole’ Apollo Maple 20' Narrow, columnar shape. Acer tataricum Tartarian Maple 20' Large shrub to small tree; oval to rounded; often low branched. Amelanchier laevis ‘Snowcloud’ Snow Cloud Serviceberry 20' Small tree with multiple stems upright and tightly branched forming dense shrub; vase shape. Cornus kousa Kousa Dogwood 20' Branches grow upright and mature into horizontal layers; fruit bearing; round. Crataegus crus-galli ‘Inermis’ Thornless Cockspur Hawthorn 20' Tight branching habit; dense, broadly rounded crown; becoming spreading and horizontal with age. Crataegus laevigata ‘Crimson Cloud’ Crimson Cloud Hawthorn 20' Grows rapidly in pyramid form; branching is droopy; oval shaped. Crataegus x mordenensis ‘Snowbird’ Hawthorn Snowbird 20' Low headed, upright, oval. 22.70.030 (Revised 8/12)22-30.2 Crataegus phaenopyrum Washington Hawthorn 20' Branches droop; typically one trunk; crown is pyramidal. Fraxinus pennsylvanica ‘Johnson’ Leprechaun Ash 20' Dwarf form; compact oval head to become rounded with maturity. Maackia amurensis Amur Maackia 20' Numerous small-diameter trunks originating from lower trunk; symmetrical canopy round; vase shape. Malus x zumi ‘Calocarpa’ Crabapple – 20' Dense, pyramidal form with weeping branch tips. Adams “Adams” – Round. Adirondack “Adirondack” – Columnar. Centurion “Centurion” – Upright vase. Indian Summer “Indian Summer” – Round. Prairiefire “Prairiefire” – Upright, spreading. Professor Sprenger “Professor Sprenger” – Upright, spreading. Purple Prince “Purple Prince” – Upright, spreading. Sentinel “Sentinel” – Upright, vase shaped. Prunus ‘Accolade’ Accolade Cherry 20' Flat-topped small tree. Prunus cerasifera ‘Krauter Vesuvis’ Krauter Vesuvius Plum 20' Upright, rounded. Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22-31 (Revised 12/07) Spokane Valley Municipal Code 22.70.030 Prunus ‘Frankthrees’ Mt. St. Helens Plum 20' Dense crown. Prunus maachi Amur Chokecherry 20' Upright with slightly hairy branchlets; oval becoming rounded with age. Prunus ‘Newport’ Newport Plum 20' Dense; round; vase shaped. Prunus serrulata ‘Kwanzan’ Japanese Flowering Cherry, Kwanzan 20' Upright vase to round to horizontal. Prunus serrulata ‘Royal Burgandy’ Japanese Flowering Cherry, Royal Burgundy 20' Rounded to horizontal. Prunus ‘Snow Goose’ Snow Goose Cherry 20' Upright in youth becoming much wider with age; well-spaced branches. Sorbis Americana ‘Dwarfcrown’ Red Cascade Mountain Ash 20' Compact, oval tree, great for small spaces. Tilia cordata ‘Halka’ Summer Sprite Linden 20' Small mature size; densely pyramidal shape. Zelkova ‘Schmidtlow’ Wireless Zelkova 20' Broadly spreading vase; flattened top at maturity. SMALL TREES AND LARGE SHRUBS Cercidiphyllum japonicum Katsura Tree 20' Upright and pyramidal when young, often becoming round in age Prunus serrulata ‘Kwanzan’ Kwanzan Cherry 20' Stiffly vase shaped Prunus serrulata ‘Mt. Fuji’ Mt. Fuji Cherry 15' Spreading Prunus x cistena Cistena Plum 8' Rounded shrub Prunus ‘Frankthrees’ Mt. St. Helens Plum 20' Upright spreading, rounded Prunus cerasifera ‘Thundercloud’ Thundercloud Plum 20' Upright spreading, dense, rounded Prunus x yedoensis Yoshino Cherry 30' Upright spreading branches, rounded crown Acer circinatum Vine Maple 10' – 20' Multi-stemmed, upright spreading, fine- textured branches Cercis canadensis Eastern Redbud 25' Multi-stemmed or low branching tree, ascending then spreading branches, somewhat flat-topped Acer ginnala Amur Maple 15' – 18' Multi-stemmed, good fall color Viburnum opulus European Cranberry Bush 8' – 12' Spring flower, fall color, red berry MEDIUM TO LARGE SHRUBS Cornus alba ‘Bailhalo’ Tatarian Dogwood 5' – 10' Variegated leaf, red twig, winter interest Cornus sericea Redosier Dogwood 4' – 8' Red twig, winter interest Cornus sericea ‘Flaviramea’ Yellowtwig Dogwood 8' Yellow twig, winter interest Holodiscus discolor Ocean Spray 8' Native, white flower plumes in early summer Cotoneaster dammeri ‘Coral Beauty’ Coral Beauty Cotoneaster 5' Grown on a standard Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22.70.030 (Revised 12/07)22-32 Forsythia x intermedia ‘Arnold Giant’ Forsythia 15' Nodding, rich yellow flowers Amelanchier Serviceberry 8' – 20' Woolly new leaves, spring flowers in upright sprays, native Physocarpus Golden Ninebark 6' – 8' Leaves usually three-lobed, light green Salix purpurea Purpleosier Willow 5' – 10' Purple twig, silvery underleaf Viburnum dentatum Arrowwood Viburnum 4' – 6' Good fall color Viburnum edule Squashberry/Highbush 4' – 8' Native, white flower, red fall color Viburnum lantana ‘Mohican’ Hobblebush 8' Dark green foliage, white flower, red to black berry Viburnum trilobum American Cranberry Bush 8' – 12' White spring flower, red fall color, red berry Spirea thunbergii Thungberg Spirea 5' Thin hairy stem, toothed margins Eunonymus alatus ‘compactus’ Compact Burning Bush 3' – 6' Strong horizontal structure, autumn color SMALL SHRUBS Berberis thunbergii atropurpruea ‘Crimson Pygmy’ Crimson Pigmy Barberry 2' – 3' Rounded, purple leaves Potentilla fruticosa Shrubby Cinquefoil 2' – 3' Many natives and cultivars with different colored flowers Spirea x bumalda ‘Anthony Water’ Anthony Water Spirea 2' – 4' Broad, rounded Spirea x bumalda ‘Gold Flame’ Gold Flame Spirea 2' – 4’ Mounded GRASSES, SEDGES, AND RUSHES Andropogan gerardii Big Bluestem 6' Gray-blue leaf, very deep roots, attractive flowers Festuca glauca Blue Fescue 1' Densely tufted evergreen grass Imperata Japanese Blood Grass 2' Leaves tinted wine red Miscanthus sinensis Tall Variegated Grass 15' Tall clump-forming grass Phalaris arundinacea Ribbon Grass 4' – 5' Soft arching leaves Calamagrostis x acutiflora Feather Reed Grass 5' – 7' Clump-forming grass GROUNDCOVERS Alchemilla mollis Lady’s Mantle 2' Chartreuse flower, deer resistant Galium odoratum Sweet Woodruff 1' Fragrant leaf, small white flower Maianthemum dilatatum False Lily of the Valley 1' Native, white flower, red berry Myosotis scorpioides True Forget-Me-Not 1' Small blue or white flower Pachysandra terminalis Japanese Spurge 1' Shiny leaf Potentilla plattensis Platte River Cinquefoil 1' Native groundcover, yellow flower Ajuga Bugle 4"-8" Low spreading Arctostaphylos uva-ursi Kinnikinnick 4" White flowers flushed pink Vinca minor Periwinkle 8" Tight mat-forming evergreen with dark green leaves Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22-33 (Revised 12/07) Spokane Valley Municipal Code 22.70.030 PERENNIALS Aster novae-angliae New England Aster 2' – 5' Many varieties available, late summer bloom Aster novi-belgii Michaelmas Daisy 2' – 4' Many varieties available, late summer bloom Dodecatheon pulchellum Darkthroat Shootingstar 2' Native, pink flower in spring Echinacea purpurea Coneflower 3' Long blooming period in late summer/fall Eupatorium purpureum Joe Pye Weed 7' Striking size and form, purplish flower attracts butterflies Hemerocallis species Daylily 2' Long bloom in spring and summer Iliamna rivularis Streambank Wild Hollyhock 6' Native, fragrant pink flowers Chrysanthemum Shasta Daisy 1' – 5' Variety of colors XERISCAPE TREES Abies concolor White fir Abies lasiocarpa Subalpine fir Acer glabrum Rocky Mountain maple Acer grandidentatum Canyon maple Acer tataricum Tatarian maple Amelanchier x grandiflora Apple serviceberry Betula occidentalis Water birch Calocedrus decurrens California incense cedar Celtis reticulata Netleaf hackberry Cladrastis kentukea Yellowwood Cotinus coggygria Smoke tree Crataegus spp. Hawthorn X Cupressocyparis leylandii Leyland cypress Fraxinus pennsylvanica Green ash Ginkgo biloba Ginkgo Gleditsia triacanthos Thornless honeylocust Gymnocladus dioica Kentucky coffee tree Juniperus scopulorum Rocky Mountain juniper Koelreuteria paniculata Goldenrain tree Maackia amurensis Amur maackia Ostrya virginiana Ironwood Phellodendron sp. Cork tree Picea pungens Colorado spruce Pinus aristata Bristlecone pine Pinus cembra Swiss stone pine Pinus flexilis Limber pine Pinus leucodermis Bosnian pine Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22.70.030 (Revised 12/07)22-34 Pinus nigra Austrian pine Pinus ponderosa Western yellow pine Ptelea trifoliata Hoptree Rhus typhina Staghorn sumac Sorbus aucuparia European mountain ash Styphnolobium japonicum (Sophora japonica) Japanese pagoda tree Tilia tomentosa Silver linden Ulmus parvifolia Lacebark elm XERISCAPE SHRUBS Amelanchier alnifolia Western serviceberry Artemisia spp. Sagebrush/Wormwood Berberis koreana Korean barberry Berberis thunbergii Japanese barberry Caragana arborescens Siberian peashrub Caryopteris x clandonensis Blue spirea Ceanothus velutinus Snowbrush ceanothus Cercocarpus montanus True mountain mahogany Chaenomeles spp. Flowering quince Chamaebatiaria millefolium Fernbush Cotoneaster apiculatus Cranberry cotoneaster Cotoneaster lucidus Hedge cotoneaster Daphne x burkwoodii Burkwood daphne Ericameria (Chrysothamnus) nauseosus Rabbitbrush Euonymus alatus Burning bush Holodiscus discolor Ocean spray Juniperus spp. Juniper Kerria japonica Japanese kerria Kolkwitzia amabilis Beauty bush Lonicera xylosteum Fly honeysuckle Ligustrum vulgare Common privet Mahonia aquifolium Oregon grapeholly Paxistima myritifolia Oregon boxwood Philadelphus lewisii Wild mockorange Photinia (Aronia) arbutifolia Red chokeberry Physocarpus capitatus Western ninebark Physocarpus malvaceus Mallow ninebark Picea abies ‘Nidiformis’ Bird’s nest spruce Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22-35 (Revised 12/07) Spokane Valley Municipal Code 22.70.030 Potentilla fruticosa Bush cinquefoil Ribes aureum Golden currant Ribes sanguineum Winter currant Rosa nutkana Nootka rose Rosa rubrifolia Redleaf rose Rosa rugosa Rugosa rose Salix exigua Coyote willow Spiraea betulifolia Birchleaf spirea Spiraea x vanhouttei Vanhoutte spirea Symphoricarpos spp. Snowberry Syringa spp. Lilac Taxus spp. Yew Viburnum x burkwoodii Burkwood viburnum Viburnum x carlcephalum Fragrant viburnum Viburnum lantana Wayfaring tree Yucca spp. Yucca XERISCAPE VINES Campsis radicans Trumpet vine Clematis columbiana Rock clematis Clematis tangutica Golden clematis Euonymus fortunei Wintercreeper euonymus Lonicera ciliosa Orange honeysuckle Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Vitus vinifera Grape vine Wisteria spp. Wisteria XERISCAPE GROUNDCOVER Achillea tomentosa Wooly yarrow Antennaria spp. Pussytoes Arctostaphylos uva-ursi Kinnikinnick Asarum caudatum Wild ginger Cerastium tomentosum Snow-in-summer Cotoneaster horizontalis Rockspray cotoneaster Dryas octopetala Mountain avens Epimedium spp. Bishop’s hat Eriogonum umbellatum Buckwheat Fragaria chiloensis Beach strawberry Gypsophila repens Creeping baby’s breath Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22.70.030 (Revised 12/07)22-36 Hypericum calycinum St. John’s wort Juniperus horizontalis Creeping juniper Mahonia repens Creeping mahonia Microbiota decussata Russian arborvitae Potentilla tridentata Wineleaf cinquefoil Rhus trilobata Three leaf sumac Sedum spp. Stonecrop Stachys byzantina Lamb’s ears Symphytum grandiflorum Yellow comfrey Thymus spp. Thyme Veronica liwanensis Turkish speedwell Veronica pectinata Wooly veronica XERISCAPE PERENNIALS Achillea spp. Yarrow Alchemilla mollis Lady’s mantle Aquilegia spp. Columbine Armeria maritima Sea pink Aster divaricatus White wood aster Aurinia saxatilis Basket-of-gold Bergenia spp. Bergenia Campanula spp. Bellflower Centranthus ruber Jupiter’s beard Coreopsis verticillata Threadleaf coreopsis Corydalis lutea Yellow corydalis Dianthus spp. Pink Echinacea purpurea Purple coneflower Eremurus stenophyllus Foxtail lily Euphorbia amygdaloides ‘Rubra’ Red wood spurge Euphorbia griffithii ‘Fireglow’ Spurge Gaillardia spp. Blanketflower Geranium spp. Hardy geranium Geum triflorum Prairie smoke Helianthemum nummularium Sunrose Helleborus orientalis Lenten rose Hemerocallis spp. Daylily Heuchera spp. Coralbells Hosta spp. Plantain lily Iberis sempervirens Evergreen candytuft Iris spp. Iris Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics Spokane Valley Municipal Code 22.70.030 22-37 (Revised 5/14) (Ord. 12-011 § 1, 2012; Ord. 07-015 § 4, 2007). Knautia macedonica Crimson pincushion flower Lavandula angustifolia Lavender Liatris spp. Gayfeather Limonium latifolium Sea lavender Linum perenne Blue flax Paeonia spp. Peony Papaver orientale Oriental poppy Penstemon spp. Beardtongue Perovskia atriplicifolia Russian sage Pulsatilla vulgaris Pasque flower Rudbeckia spp. Gloriosa daisy Salvia spp. Sage Santolina chamaecyparissus Lavender cotton Sedum spp. Sedum Sempervivum spp. Hen and chicks Teucrium chamaedrys Germander XERISCAPE PERENNIAL GRASSES Buchloe dactyloides Buffalograss Calamagrostis x acutiflora ‘Karl Foerster’ Feather reed grass Festuca ovina var. glauca Blue fescue Helictotrichon sempervirens Blue oat grass Luzula sylvatica Greater woodrush Miscanthus sinensis ‘Morning Light’ Maiden grass Panicum virgatum Switch grass Seslaria spp. Moor grass Appendix 22-A – Recommended Planting List (Continued) Recommended Planting Species – Scientific Name Common Name Mature Height (ft)Shape and Characteristics 22.110.010 (Revised 5/14)22-38 Chapter 22.80 (Reserved) Chapter 22.90 (Reserved) Chapter 22.100 (Reserved) Chapter 22.110 SIGN REGULATIONS Sections: 22.110.010 Purpose, intent and scope. 22.110.020 Prohibited signs. 22.110.030 Permit required. 22.110.040 Number, general regulations for permitted permanent signs. 22.110.050 Temporary signs. 22.110.060 General provisions applicable to all signs. 22.110.070 Comprehensive sign plan. 22.110.080 Aesthetic corridors. 22.110.090 Sign location and front setbacks. 22.110.100 Sign area calculation. 22.110.110 Maintenance of signs. 22.110.120 Existing nonconforming signs. 22.110.130 Billboards. 22.110.010 Purpose, intent and scope. Signage regulations are intended to promote commerce, traffic safety and community identity while improving the visual environment of resi- dential, commercial and industrial areas. This code regulates permanent, temporary, and portable signs. (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.020 Prohibited signs. The following signs are prohibited: A. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; B. Signs that create a safety hazard for pedes- trian or vehicular traffic; C. Flashing signs; D. Portable signs; except A-frame signs and reader boards specifically allowed pursuant to SVMC 22.110.050(A) and (E); E. Signs located within the public right-of-way, except official signs and except bus benches placed pursuant to an agreement with the City; F. Signs attached to or placed on a vehicle or trailer parked on public or private property; pro- vided, that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business; G. Signs obstructing visibility within any clear- view triangle as established in Chapter 22.70 SVMC; Spokane Valley Municipal Code 22.110.040 22-39 (Revised 5/14) H. Billboards except when permitted as pro- vided in SVMC 22.110.130; I. Off-premises signs, except off-premises directional signs allowed pursuant to SVMC 22.110.040(D); J. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050; K. Abandoned signs and sign structures. (Ord. 13-010 § 3, 2013; Ord. 12-013 § 1, 2012; Ord. 07- 015 § 4, 2007). 22.110.030 Permit required. A. Other than for those uses listed in subsection B of this section, a sign permit is required for all allowed permanent signs, temporary signs, unless otherwise specified, and billboards. B. Permits are not required for on-premises official signs; seasonal decorations; merchandise displays; point-of-purchase advertising displays; national and state flags; flags of a political subdivi- sion; notice signs, inflatables; flags with copy; reader boards; temporary signs as listed in SVMC 22.110.050; symbolic flags of nonprofit institu- tions dedicated to public service; legal notices required by law; barber poles; historic site designa- tions; commemorative monuments/plaques; grave- stones; advertising copy affixed to phone booths; donation and recycling containers; lettering or symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of business; political signs support- ing political issues, candidates or ballot measures; replacement of copy on signs otherwise permitted; name plates with less than four square feet of copy area; directional signs with less than four square feet of copy area; and murals containing no copy. C. Permit applications shall include a site plan that provides the following information: 1. The location of the affected lot, build- ing(s) and sign(s); 2. The scale of the site plan; 3. The location of all existing signs for the subject applicant including size and height; 4. For signs subject to spacing regulations, the location of neighboring signs on adjacent prop- erties; 5. Approved sign plan, if applicable; and 6. Tax parcel number where proposed sign will be located. D. Permit applications shall include construc- tion drawings that provide the following informa- tion: 1. Two complete sets of scaled drawings of the proposed sign or sign revision, including copy, structural footing details, method of attachment and illumination. A Washington State licensed engineer’s design, stamp and signature are required on each construction drawing for signs over 30 feet in height, pole and monument signs over 100 square feet in sign area regardless of height, flag signs over 10 feet in height regardless of sign area and wall signs where it is determined the size and weight of the sign are factors on the structural integrity of the building or structure. Where special conditions exist for any type of sign, the building official is authorized to require additional con- struction documents to be prepared by a Washing- ton State licensed engineer and/or special inspections if deemed necessary. (Ord. 13-010 § 3, 2013; Ord. 12-013 § 1, 2012; Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 22.110.040 Number, general regulations for permitted permanent signs. A. Permitted permanent signs shall comply with the requirements of Table 22.110-1. No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. 22.110.040 (Revised 5/14)22-40 Table 22.110-1 – Location, Height and Copy Area Requirements Land Use Zoning District Maximum Side Yard Setback (ft.)Permit RequiredAdditional Provisions Number per ParcelHeight (ft.)Copy Area (ft2)Copy Area (ft2)/LotFrontage < 100 ft.Copy Area (ft2) /LotFrontage > 100 ft.Attached Wall Signs Multifamily Complex All Zones * * * * ** Y One sign up to 20 sq. ft. Institutional1 Residential Zones * * * n/a n/a n/a Y *25% of wall area Single Business Residential Zones 1 n/a 60 n/a n/a n/a Y Nonresidential All Mixed Use and Nonresidential Zones * n/a * n/a n/a n/a Y *25% of wall area per building Freestanding Signs Subdivision/Area Name/Multifamily Complex/Institutional1 All Zones 1* 10 32 n/a n/a n/a Y *One per 200 ft. of street frontage and 1 for each additional 200 ft. or fraction thereof in nonresidential zones. Additional signs allowed on a multi- business complex site may all be freestanding; additional signs allowed on a single business parcel shall be monument signs Single Business Neighborhood Business (NC) Zones 120100n/an/a5Y Multi-Business Complex 1* 20 n/a 100 n/a 5 Y Single Business Mixed Use and Nonresidential Zones (except NC) 1* 30 n/a 100 200 5 Y Multi-Business Complex 1* 40 250 n/a n/a 5 Y Nonresidential Freeway* All Nonresidential Zones 1 50 250 n/a n/a 5 Y *Adjacent to I-90 only Monument Signs Subdivision/Area Name/Multifamily Complex/Institutional1 All Zones 1 10 32 n/a n/a n/a Y *Per street frontageSingle Business Neighborhood Business (NC) Zones 1* 7 75 n/a n/a 5 Y Multi-Business Complex 2* 7 90 n/a n/a 5 Y Single Business All Mixed Use and Nonresidential Zones 2* 7 90 n/a n/a 5 Y *Per street frontageMulti-Business Complex 2* 7 150 n/a n/a 5 Y 1. Institutional includes nonprofit, religious or public uses, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purposes. Spokane Valley Municipal Code 22.110.050 22-41 (Revised 5/14) B. In addition to the permanent signs allowed pursuant to Table 22.110-1, a single decorative emblem (or standard) constructed of durable vinyl with a thickness of not less than 13 mil for every 50 feet of frontage shall be allowed. The lowest hori- zontal member of the bracket shall be located at a height of not less than seven feet above the adja- cent grade. C. Where three or more single businesses agree to share a single sign structure, an additional 20 percent of copy area shall be allowed up to a max- imum of 250 square feet. D. Off-Premises Directional Signs. It is the intent of this subsection to allow the limited place- ment of off-premises directional signs by co-locat- ing on an existing conforming monument sign, freestanding sign, or building wall. A business placing this type of sign on an existing sign shall conform to the following criteria: 1. The business shall be located on a private easement or local access street; 2. The business and proposed sign shall be located in a commercial, office, industrial or mixed zone area; 3. Text shall be limited to the business name, logo, and a directional arrow and may include cer- tain advancing language as “next right”; 4. The sign shall be located on the nearest collector or arterial. If a business has double front- age, staff will review this unique situation to deter- mine if two directional signs are warranted; 5. Sign area shall be limited to 15 square feet. This shall not be construed to allow the on- premises sign to increase its sign area; and 6. If the business using an off-premises directional sign leaves its location, the business shall remove the sign within 60 days. 7. If the site has no existing signage or build- ings, then a freestanding sign meeting the require- ments above may be allowed. (Ord. 13-010 § 3, 2013; Ord. 12-013 § 1, 2012; Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 22.110.050 Temporary signs. Except as otherwise described under this sec- tion, no permit is necessary for temporary signs. A. Number of Temporary Signs. No more than two of the following signs shall be allowed at any one time for a use, except as permitted in subsec- tion E of this section: 1. One banner; or 2. One reader board; or 3. One flag with copy; or 4. Any combination of the above, not to exceed a total of two signs. B. Each sign shall be limited to 32 square feet in size. C. Additional banners or temporary signs advertising a special event, sale, promotion, open- ing of a new business or a business under new man- agement, including banners, balloons, pennants, flags with copy, streamers, searchlights and inflat- ables, are allowed by temporary permit for a period of time not to exceed 60 days a maximum of two times in any calendar year. D. Temporary signs shall not endanger the pub- lic safety and shall be removed or relocated if the building official determines that a sign is unsafe. Other Signs Directional All Zones n/a n/a 4 n/a n/a n/a N Name Plates All Zones 1 n/a 4 n/a n/a n/a N Table 22.110-1 – Location, Height and Copy Area Requirements (Continued) Land Use Zoning District Maximum Side Yard Setback (ft.)Permit RequiredAdditional Provisions Number per ParcelHeight (ft.)Copy Area (ft2)Copy Area (ft2)/LotFrontage < 100 ft.Copy Area (ft2) /LotFrontage > 100 ft.1. Institutional includes nonprofit, religious or public uses, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purposes. 22.110.060 (Revised 5/14)22-42 E. A-Frame Signs. Each business will be allowed a maximum of one sandwich board or A- frame sign. These signs are in addition to other temporary signs allowed through subsections A and C of this section, and are subject to the follow- ing conditions: 1. Size. The area of the sign shall not exceed nine square feet per side in size and shall not exceed three feet in any dimension. 2. Maintenance Standards. Signs shall be constructed out of materials able to withstand extreme weather conditions. Such materials may be metal, finished wood, chalkboard, whiteboard or plastic. Signs and copy should be of professional quality. Permanent lettering for the business name and logo is required on the sandwich boards. Own- ers of sandwich board signs shall be required to keep their signs in an intact, reasonably legible, and well maintained manner. Sandwich boards are not well maintained if any part thereof is broken; letters or graphics are completely or partially miss- ing or obstructed; or the legibility thereof has mate- rially deteriorated. 3. Display Time. If the sign is displayed past daylight hours, precautions should be taken to place the sign in a lighted area. This shall not be construed to allow the wiring of a sign for lighting. 4. Location. Signs shall not be placed in a location which is within the clearview triangle, as defined in SVMC 22.70.020(C), or any other loca- tion which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestri- ans. F. Temporary on-premises commercial signs are allowed without permit when posted in con- junction with the alteration, construction, sale or lease of real property. Such signs shall not exceed 16 square feet in copy area or seven feet in height. All such signs shall be affixed to either the ground or a permanent structure by rope, wire, or a mechanical device. G. Open House/Directional Signage. A-frame signs may be used as open house/directional signs and shall be allowed on each access street to the property. Signs shall be placed so as not to interfere with vehicular or pedestrian traffic, shall be used only when the property is open for inspection, shall be unlit, and shall be limited in size to five square feet and limited in height to three feet above grade. (Ord. 13-010 § 3, 2013; Ord. 12-013 § 1, 2012; Ord. 07-015 § 4, 2007). 22.110.060 General provisions applicable to all signs. A. All signs illuminated with exterior lighting shall have lighting confined to the sign, and posi- tioned and shielded to minimize impacts to the sur- rounding area(s). Gooseneck reflectors and lights are permitted on permanent freestanding and wall signs; provided, that lighting or glare does not extend beyond the property line. B. Electronic signs shall be permitted on the same basis as other signs, subject to the require- ments of Table 22.110-1. All electronic message centers (EMCs) are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. Written documentation that the EMC is equipped with the automatic dimming device shall be sub- mitted with the sign permit application. C. A roof-mounted sign may be substituted for an allowed freestanding sign; provided, that the height of the sign structure may not exceed the maximum height requirements of the zoning dis- trict in which the sign is located. D. Signs located within the airport hazard area shall conform to the location and height regulations set forth in SVMC 19.110.030, Airport Hazard Overlay. E. No sign shall be erected, relocated or main- tained in a manner that prevents the free ingress or egress from any door, window or fire escape. F. No sign shall be attached to a standpipe or fire escape except official signs. G. Any sign erected or maintained within five feet of public rights-of-way shall be smooth and free of nails, tacks and wires. H. All signs shall be maintained in good repair pursuant to SVMC 22.110.110. I. No sign shall block the view of fire protection equipment from approach. (Ord. 13-010 § 3, 2013; Ord. 12-013 § 1, 2012; Ord. 07-015 § 4, 2007). 22.110.070 Comprehensive sign plan. Commercial development, shopping centers, industrial parks, mixed use developments, and hotel conference centers exceeding five acres in size may seek approval of a sign plan specific to the proposed development. The director may approve a comprehensive sign plan that allows deviations from the strict interpretation of spacing, height and area requirements when the following is demon- strated: A. The plan provides adequate signage for all proposed uses; and Spokane Valley Municipal Code 22.110.100 22-43 (Revised 5/14) B. The plan limits the number of freestanding sign structures; and C. The total copy area of all signage does not exceed the amount which would otherwise be per- mitted. Any conditions imposed to secure approvals shall be binding on the applicant, his successors and assigns. Modifications/amendments to the approved sign plan shall require reapplication and approval by the director. If the applicant and director cannot come to an agreement as to a comprehensive sign plan or a modification/amendment to the same, the direc- tor’s decision may be appealed to the hearing examiner pursuant to Chapter 17.90 SVMC. (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.080 Aesthetic corridors. A. The standards applicable to monument signs shown on Table 22.110-1 shall apply to parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive Plan: 1. State Route 27 (16th Avenue south to City limits); 2. State Route 27 (Mansfield Avenue to Trent Avenue); 3. Appleway Boulevard (south side only from Park Road to Dishman Mica Road); 4. Appleway Avenue (Barker Road to Hodges Road); 5. Dishman Mica Road (8th Avenue south to City limits); 6. 32nd Avenue within the City limits; 7. Mirabeau Parkway (Pines Road to Indiana Avenue). B. Only monument signs as shown on Table 22.110-1 shall be allowed with designated aes- thetic corridors. (Ord. 13-010 § 3, 2013; Ord. 07- 015 § 4, 2007). 22.110.090 Sign location and front setbacks. A. Monument signs exceeding three feet in height shall be set back 10 feet from the front prop- erty line and outside any border easement; pro- vided, that the requirements of Chapter 22.70 SVMC, Fencing, Screening and Landscaping (clearview triangles), have been met. B. Freestanding signs with structural supports less than two feet in width, with copy area placed at a height of seven feet or more above grade, may be located at the property line; provided, that the requirements of Chapter 22.70 SVMC, Fencing, Screening and Landscaping (clearview triangles), of the Spokane Valley Municipal Code have been met. Freestanding signs with structural supports of more than two feet shall be set back not less than 10 feet from the front property line or border ease- ment. C. All temporary signs, except inflatable signs, shall be located at least five feet from public rights- of-way. D. Inflatable signs shall be set back at least 10 feet from public rights-of-way. E. All signs shall meet the vertical and horizon- tal clearance requirements of electric utilities. F. All new freestanding signs shall comply with SVMC 22.70.030(J), Landscaping Requirements for Freestanding Signs. (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.100 Sign area calculation. A. Sign area for wall signs shall be no more than 25 percent of the two-dimensional area of a building’s elevation, excluding eaves and gables. Refer to Table 22.110-1. Figure 22.110-1 Figure 22.110-2 22.110.110 (Revised 5/14)22-44 Figure 22.110-3 B. The sign area of a freestanding sign for a sin- gle business shall be calculated as shown in Figure 22.110-2. The sign area of a freestanding sign iden- tifying multiple businesses shall be computed by adding together the total area(s) of all signs as shown in Figure 22.110-3. Refer to Table 22.110-1 for minimum and maximum height requirements. C. The sign area for multiple-sided signs shall be calculated as follows: 1. The total sign area for a two-sided sign shall be calculated using a single surface of a sign with messages on both sides; 2. The sign area for a three-sided sign shall be the sum of all surfaces where two or more signs share a single structure; 3. The gross surface area of both faces of a V-shaped sign; 4. The copy area of a monument sign. D. For irregularly shaped signs, the sign area is calculated by enclosing the extreme limits of the sign by no more than four rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by 10 percent for the second and each subsequent rect- angle used in the calculation, illustrated below. 1. Conventional Measurement. Total area = a times b. 2. Sum of Rectangles. Total area = (Area A + Area B + Area C + Area D). (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.110 Maintenance of signs. A. All signs shall be maintained in good repair. The director shall have the authority to revoke any permit for signs that are tattered, torn, faded or oth- erwise in disrepair, and may require the removal of banners, flags, reader boards, pennants and stream- ers which are torn, discolored or in disrepair. B. All signage shall be maintained by the busi- ness owner, or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit. C. Any damaged sign structure shall be repaired within 30 days of notice. D. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed within 48 hours of notice. E. Any abandoned sign shall be removed by and at the expense of the property owner within 60 days of notice. F. Any abandoned sign support structure shall be removed within 36 months by the owner or les- see of the premises upon which the sign is located. (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.120 Existing nonconforming signs. Any permanent sign made nonconforming as a result of the adoption of these regulations may be repaired, but not structurally altered or made more nonconforming in any way. If the sign is removed in order to make repairs, it shall be replaced within 60 days, or any nonconforming rights are termi- nated. Thereafter, the sign shall conform to the requirements of this chapter. Notwithstanding other provisions of this sec- tion, any sign or signs for which a temporary per- mit has been issued by the City shall be permitted to remain at the location or locations authorized by the permit for as long as the permit is valid and all the requirements of the permit have been met. (Ord. 13-010 § 3, 2013; Ord. 07-015 § 4, 2007). 22.110.130 Billboards. A. New billboards shall be prohibited; pro- vided, however, that existing billboards may be replaced at another location with a structure and copy area of equal or smaller size in mixed use and nonresidential zoning districts except (NC) Neigh- borhood Commercial zoning districts as follows: 1. Replacement billboards shall not exceed the height limit in the underlying zoning district, with a maximum height limit of 50 feet in any zone; Spokane Valley Municipal Code 22.110.130 22-44.1 (Revised 5/14) 2. No replacement billboard shall exceed 672 square feet in copy area; 3. Any replacement billboard may not be placed less than five feet from the property line. No portion of the sign shall extend beyond the prop- erty line; 4. No billboard may be located within 1,000 feet of another billboard on the same side of the street. Any replacement billboard shall be offset from any billboard on the opposite side of the street by not less than 250 feet. Offset distance shall be measured from a point perpendicular to and along the alignment of the roadway; 5. The owner of the billboard shall file a complete inventory of all billboards located within the City, including date erected, height, size and location; 6. Issuance of a permit for billboard replace- ment shall be accompanied by a permit for the destruction or removal of the billboard to be replaced; and 7. Any billboard that is not replaced within five years following the issuance of a demoli- tion/removal permit shall not be replaced. B. Replacement billboards shall not be permit- ted along designated aesthetic corridors. (Ord. 13- 010 § 3, 2013; Ord. 07-015 § 4, 2007). (Revised 5/14)22-44.2 This page intentionally left blank. 22-45 (Revised 12/07) Spokane Valley Municipal Code 22.120.030 Chapter 22.120 WIRELESS COMMUNICATION FACILITIES Sections: 22.120.010 Purpose and intent. 22.120.020 Permits and exemptions. 22.120.030 Required application submittals. 22.120.040 Design standards. 22.120.050 Landscaping. 22.120.010 Purpose and intent. These standards were developed to protect the public health, safety, and welfare, and minimize visual impacts on residential areas, while further- ing the development of wireless communication services. These standards were designed to comply with the Telecommunication Act of 1996. The pro- visions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communication services. (Ord. 07-015 § 4, 2007). 22.120.020 Permits and exemptions. Where a transmission tower or antenna support structure is located in a zoning district which allows such use as a permitted use activity, admin- istrative review, and a building permit, shall be required, subject to the project’s consistency with the development standards set forth in SVMC 22.120.040. In instances where the use is not allowed as a permitted use activity, a conditional use permit and building permit shall be required in addition to a demonstration of consistency with all required development standards. Exemption: Wireless radio utilized for tempo- rary emergency communications in the event of a disaster is exempt from the provisions of this sec- tion and shall be permitted in all zones. (Ord. 07- 015 § 4, 2007). 22.120.030 Required application submittals. All applications for wireless antenna arrays and wireless communication support towers shall include the following: A. A letter signed by the applicant stating that all applicable requirements of the FCC, the FAA, and any required avigation easements have been satisfied. B. A scaled site plan clearly indicating the loca- tion, type and height of the proposed tower, anten- nas, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, ele- vation drawings of the proposed tower, the equip- ment structure, fencing, buffering and the type of stealth technology which will be utilized. The full, detailed site plan shall not be required if the antenna is to be mounted on an existing structure. C. The applicant shall have performed and pro- vided a photographic simulation of the proposed facility from all affected properties and public rights-of-way. D. The applicant shall provide copies of any environmental documents required by the State Environmental Policy Act (SEPA). E. The applicant shall have demonstrated effort to co-locate on an existing support tower or other structure. New support towers shall not be permit- ted within one mile of an existing support tower unless it is demonstrated that no existing support tower or other structure can accommodate the pro- posed antenna array. The City reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy. F. Evidence to demonstrate that no existing support tower or other structure can accommodate the proposed antenna array may consist of the fol- lowing: 1. No existing support towers or other struc- tures are located within the geographic areas required to meet the applicant’s engineering requirements. 2. Existing support towers or other structures are not of sufficient height to meet the applicant’s engineering requirements. 3. Existing support towers or other structures do not have sufficient structural strength to support the applicant’s proposed antenna array and related equipment. 4. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing support towers or other structures, or the antenna on the existing support towers or other structures would cause interference with the applicant’s proposed antenna. G. The applicant of a new tower shall provide a signed statement stating the applicant has provided notice to all other area wireless service providers of its application to encourage the co-location of addi- tional antennas on the structure. H. A signed statement from the owner and/or landlord to remove the facility or obtain another permit for the facility within six months of when the facility is no longer operating as part of a wire- 22.120.040 (Revised 12/07)22-46 less communication system authorized and licensed by the FCC. I. Proof that all the necessary property or ease- ments have been secured to assure for the proper construction, continued maintenance, and general safety of the properties adjoining the wireless com- munication facility. (Ord. 07-015 § 4, 2007). 22.120.040 Design standards. The support tower, antenna array, and support- ing electrical and mechanical equipment shall be installed using stealth technology. Stealth technol- ogy applies to all personal wireless service facili- ties, including, without limitation, antennas, towers and equipment structures. For any facility, stealth technology means the use of both existing and future technology through which a personal wireless service facility is designed to resemble an object which is already present in the local envi- ronment, such as a tree, streetlight, or traffic signal. It also includes: A. For personal wireless service support towers: 1. If within existing trees, “stealth technol- ogy” means: a. The tower is to be painted a dark color; b. Is made of wood or metal; and c. A greenbelt easement is required to en- sure permanent retention of the surrounding trees. 2. Stealth technology for towers in a more open setting means that they must have a backdrop (for example, but not limited to, trees, a hillside, or a structure) on at least two sides, be a compatible color with the backdrop, be made of compatible materials with the backdrop, and that architectural or landscape screening be provided for the other two sides. If existing trees are the backdrop, then a greenbelt easement is required to ensure permanent retention of the surrounding trees. 3. Antennas shall be integrated into the design of any personal wireless service tower to which they are attached. External projections from the tower shall be limited to the greatest extent technically feasible. 4. For rooftop antennas or antennas mounted on other structures: a. For omni-directional antennas 15 feet or less above the roof, stealth technology means use of a color compatible with the roof, structure or background; b. For other antennas, stealth technology means use of compatible colors and architectural screening or other techniques approved by the City. B. For antennas mounted on one or more build- ing facades, stealth technology means use of color and materials such that the facility has architectural compatibility with the building. It shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted. C. For equipment structures, stealth technology means locating within a building, or if on top of a building, with architecturally compatible screen- ing. An underground location, or above ground with a solid fence and landscaping, is also consid- ered stealth technology. D. Advertising or display shall not be located on any support tower or antenna array; however, the owner of the antenna array shall place an iden- tification plate indicating the name of the wireless service provider and a telephone number for emer- gency contact on the site. E. No artificial lights other than those required by FAA or other applicable authority shall be per- mitted. All security lights shall be down-shielded, and installed to be consistent with Chapter 22.60 SVMC. F. The facility shall be enclosed by a site- obscuring secured fence not less than six feet in height with a locking gate. No barbed wire or razor wire shall be permitted. G. The support tower foundations, equipment shelters, cabinets or other on-the-ground ancillary equipment shall be buried below ground or screened with a site-obscuring secured fence not less than six feet high. The requirement for a site- obscuring fence may be waived provided the appli- cant has secured all on-the-ground ancillary equip- ment in a locked cabinet designed to be compatible with and blend into the setting, and the means of access for the support tower is located a minimum of 12 feet above the ground. H. All support structure(s) for wireless commu- nication antennas shall have their means of access located a minimum of eight feet above the ground unless the requirement for a fence has been waived. I. The support tower shall meet the minimum primary structure setback requirements for the underlying zone. J. Support towers shall not be permitted inside a public park, public monument or private holding located within a public park or public monument. K. The height of the support tower or antenna array above grade shall not exceed the maximum height identified in Table 22.120-1 below. The height of a support tower shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. Spokane Valley Municipal Code 22.120.050 22-47 (Revised 3/13) (Ord. 07-015 § 4, 2007). 22.120.050 Landscaping. Refer to Chapter 22.70 SVMC for landscaping requirements applicable to the underlying zoning district. (Ord. 07-015 § 4, 2007). Table 22.120-1 – Tower Height Limitations Zone Antenna Array Support Tower R-1, Single-Family Residential Estate 20 feet above the zoning height limitation or 16 feet above existing structure 60 feet R-2, Single-Family Residential Suburban R-3, Single-Family Residential R-4, Single-Family Residential Urban MF-1, Medium Density Residential MF-2, High Density Residential Mixed Use Center (MUC) 20 feet above the zoning height limitation or 16 feet above existing structure 60 feet Corridor Mixed Use (CMU) City Center (CC) Garden Office (GO) Office (O) Neighborhood Commercial (NC) Community Commercial (C) 20 feet above the zoning height limitation or 20 feet above existing structure 20 feet higher than the maximum height allowed in the zone or 80 feet whichever is less* Regional Commercial (RC) Light Industrial (I-1) Heavy Industrial (I-2) *An additional 20 feet in height for each additional antenna array co-located on the support tower, up to a maximum tower height of 100 feet, including the height of all antennas. 22.130.010 (Revised 3/13)22-48 Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS Sections: 22.130.010 Purpose. 22.130.020 Regulated activities. 22.130.030 Authority to develop and administer standards. 22.130.040 Street standards. 22.130.050 Manual on Uniform Traffic Control Devices. 22.130.060 Development project and permit review process. 22.130.070 Required improvements. 22.130.080 Future acquisition areas. 22.130.090 Conditional use permit. 22.130.100 Right-of-way permit and use requirements. 22.130.110 Liability. 22.130.010 Purpose. The purpose of this chapter is to: A. Maintain the proper function of street infra- structure; B. Maintain and improve the street safety; C. Provide for future street expansion; D. Identify requirements that may be imposed upon development projects and permits defined in SVMC 22.130.020. (Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007). 22.130.020 Regulated activities. All new development approvals and permits as set in Chapter 17.80 SVMC, unless exempt pursu- ant to SVMC 17.80.040, shall comply with this chapter. (Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007). 22.130.030 Authority to develop and administer standards. The development services senior engineer, under the authority of the community development director, shall develop and administer the Spokane Valley street standards (SVMC 22.130.040) and require development projects to provide transpor- tation improvements, dedicate right-of-way and border easements, and future acquisition areas. These improvements will be required to achieve the purpose of this chapter and goals of the cur- rently adopted Comprehensive Plan. (Ord. 09-033 § 3, 2009). 22.130.040 Street standards. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts, by reference, the City of Spokane Valley street standards (street standards), and as it may be amended from time to time. The city clerk shall maintain a copy on file. (Ord. 09-033 § 3, 2009). 22.130.050 Manual on Uniform Traffic Control Devices. The Washington Manual on Uniform Traffic Control Devices (MUTCD), and as it may be amended from time to time, is hereby adopted by reference. (Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.070). 22.130.060 Development project and permit review process. Following submittal of a completed application pursuant to Chapter 17.80 SVMC, the project shall be reviewed to determine compliance with all applicable regulations and standards. Additional material and/or analysis may be required to demon- strate compliance. (Ord. 09-033 § 3, 2009). 22.130.070 Required improvements. A. Prior to the issuance of any approvals for development projects or permits subject to the pro- visions of this chapter, the development services senior engineer shall determine the extent and type of street improvements, right-of-way/border ease- ments dedication or designation of future acquisi- tion areas required, to the extent allowed by the law, and pursuant to the following: 1. The Comprehensive Plan; 2. The arterial street map; 3. The street standards (SVMC 22.130.040); 4. The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050; 5. The local street plan; 6. Information submitted by the applicant including any preliminary site plans, engineering reports, or other relevant data; 7. A determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and 8. Portions of the uniform development code, SVMC Titles 17 through 25, that specifically identify required future roadways, streets, or other rights-of-way. Spokane Valley Municipal Code 22.130.080 22-49 (Revised 2/10) B. Requirements may include but are not lim- ited to: 1. The extent and type of required street improvements pursuant to SVMC 22.130.040; 2. The extent of additional and/or new right- of-way and/or border easement needed to support the required improvements pursuant to SVMC 22.130.040; 3. Designation of future acquisition areas pursuant to SVMC 22.130.080; 4. Participation in capital improvement projects as included on the adopted six-year street improvement plan. (Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.130.030). 22.130.080 Future acquisition areas. A. When a future acquisition area is designated, a title notice shall be completed and recorded with the county auditor. The notice shall run with the land and shall not be removed or amended prior to approval. The notice shall be recorded as soon as possible and, in all cases, prior to the issuance of a building permit. The notice shall: 1. Include the tax parcel number and the full legal description; 2. Make reference to any related approval file number or permit numbers; 3. Include an exhibit showing street names, future acquisition areas, rights-of-way, and their dimensions; 4. Identify any limitations for improvements or features within the acquisition boundary(ies); 5. Indicate that the future acquisition area is private property; 6. Identify the responsibility for relocation or loss of interim features or improvements within the future acquisition areas; and 7. Be mailed to the property owner’s and tax- payer’s address as shown in the current Spokane County assessor’s/treasurer’s records, if a com- plete mailing address is indicated. The establishing agency may approve the amendment and removal of the title notice if the arterial street plan, the local street map or other conditions change and the recorded title notice is no longer necessary. If the City initiates the amend- ment or removal of the title notice, the property owners will be notified of the change. B. Building Setback. The required setback of buildings as specified in the underlying zone clas- sification shall be measured from the future acqui- sition area boundary. Exceptions to the full setback may be administratively granted if: 1. An existing parcel or lot equals or is up to five percent larger than the minimum lot area required in the underlying zone; 2. An existing parcel or lot has an existing building proposed for expansion; or 3. The applicant adequately demonstrates a site design or use limitation for the existing prop- erty. Such exceptions may be granted; provided, that: a. The property is not part of a zone reclassification and/or subdivision application; and b. The property has no reasonable alterna- tive site design solution feasible; and c. A title notice is recorded pursuant to this section that further identifies likely impacts (such as noise, crowding, loss or relocation of improvements) to the site when the street is wid- ened in the future; and d. The building is located at the greatest setback possible, but in any case shall be no closer than one-quarter of the required setback from the future acquisition area boundary and shall not be located within the future acquisition area. C. Landscaping. Significant landscape features, such as trees, shall be located in such a manner that when the street is widened in the future a signifi- cant portion of such landscaping features, such as matured trees, will not need to be destroyed or relo- cated. A majority of the trees required in the cur- rent landscaping areas shall be planted eight feet from the future acquisition area boundary within the future planting strip and shall be spaced no less than 60 feet from one another. D. Parking. All on-site parking required by the underlying zone classification shall be located out- side the future acquisition area. If no reasonable site design solution complying with parking loca- tion requirements is feasible, exceptions to these requirements may be administratively granted if: 1. An existing parcel or lot equals or is up to five percent larger than the minimum lot area of the underlying zone; 2. An existing parcel or lot has an existing building proposed for expansion; or 3. The applicant adequately demonstrates a site design or use limitation for the existing prop- erty. Such exceptions may be granted; provided, that: a. The property is not part of a zone reclassification and/or subdivision application; and b. The property has no reasonable alterna- tive site design solution feasible; and 22.130.090 (Revised 2/10)22-50 c. A title notice is recorded pursuant to this section that further identifies likely impacts to the site when the street is widened in the future; and d. The fewest number of parking stalls is located in the future acquisition area as possible and, in any case, shall contain no more than one- quarter of the required parking stalls for the site. E. Drainage Improvements. All required drain- age facilities and structures for the site shall be located outside the future acquisition area. A por- tion of the drainage facility improvement may be temporarily allowed within the future acquisition area if a conditional use permit is issued pursuant to the provisions of SVMC 22.130.090. The permit shall provide for the relocation of the drainage facility to an alternative site by the property owner when the street is widened. The permit shall iden- tify the alternate location and the means of relocat- ing the facility. F. Physical Structures, Improvements and Util- ities. Physical structures (such as signs, fencing, and architectural features) and improvements (such as site drainage, 208 drainage swales, land- scaping, and parking) shall not be located within the future acquisition area unless a conditional use permit has been issued pursuant to SVMC 22.130.090. If permitted, they shall be considered “interim” and shall be relocated or removed if the right-of-way is widened in the future, subject to the conditions of the conditional use permit. All developers, agencies and purveyors install- ing utilities in, adjacent to or across rights-of-way shall show the future acquisition area and bound- ary(ies) on construction plans or drawings. Impacts from the future street widening and other reloca- tion cost shall be considered when designing and siting utilities and improvements. (Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008. Formerly 22.130.035). 22.130.090 Conditional use permit. A. The City may temporarily allow, as an interim conditional use, site features or improve- ments located within or adjacent to the future acquisition area that are in conflict with the provi- sions of this chapter; provided, that a hardship can be demonstrated and the use can be reasonably conditioned and restricted to ultimately accom- plish the intent of this chapter. Examples of site features or improvements include driveways, drainage facilities and structures, parking stalls, utilities and signs. B. Permit Required. Conditional use permits shall be issued administratively at or before the time development approvals and permits are granted. Conditional use permits shall, at a mini- mum, specify the temporary or interim use allowed, the conditions of the permit, the provi- sions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation. C. Appeals. Any appeal of the administrative decision shall be heard pursuant to Chapter 17.90 SVMC, Appeals. All conditional use permits shall be referenced by a title notice pursuant to SVMC 22.130.080. (Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008. Formerly 22.130.037). 22.130.100 Right-of-way permit and use requirements. A. Right-of-Way Permit Applicability. Unless exempt from permit requirements, a right-of-way permit is required of any person or company who performs construction work or otherwise engages in activity within existing City rights-of-way, or on City-owned infrastructure. A right-of-way permit authorizes a permittee to perform work or conduct activity in a right-of-way or easement. Permits shall not be required for the following: 1. Work done by or for the City within its right-of-way. 2. Work that is two hours or less in duration, as long as that work does not require the closure of more than 50 percent of a non-arterial street, does not close any lanes on an arterial street, does not involve excavation within the right-of-way, or does not involve cutting or placement of pavement, sidewalks, curbs or gutters. Exemption from the permit requirements of the SVMC shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the SVMC or any other laws, ordinances or standards of this jurisdiction. B. Expiration. Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the date of issuance, with a one-time 30-day extension available. Right-of-way permits issued between October 1st and March 31st shall be valid until the following April 30th. C. Emergency Repairs. In the case of an emer- gency repair, a private or public utility may com- mence work prior to obtaining a permit, provided the person responsible for the work obtains a con- struction permit within 48 hours after work is com- menced or on the first City business day following said elapsed 48-hour period. Spokane Valley Municipal Code 22.130.100 22-51 (Revised 2/10) D. Right-of-Way Permit – Application. No right-of-way permit shall be issued unless a written application is submitted and approved by the City. The application shall, at a minimum, contain the following: 1. Construction plans or drawings approved by the City, if required; 2. A traffic control plan, if the work closes more than 50 percent of the non-arterial street, or closes any lanes on an arterial street; 3. The period of time during which the right- of-way will be obstructed; and 4. Proof of the contractor’s and all subcon- tractors’ state licensing, insurance and require- ments. Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans pre- pared by a Washington-licensed engineer at the applicant’s sole cost and expense. At the discretion of the City, a multiple-use per- mit may be available for licensed and bonded busi- nesses and public utilities. The multiple-use permit fee will be established by resolution in the master fee schedule. The multiple-use permit shall expire at the end of the City fiscal year. The administra- tive regulations governing the multiple-use permit shall be written and approved by the City. Failure to comply with the administrative regulations shall be a violation of this code. E. Right-of-Way Permit Fees. Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. F. Notice Required. The applicant shall give to the City notice not less than 48 hours before any work or activity is commenced and shall notify the City upon completion of the same. If a traffic con- trol plan is required to be submitted with the appli- cation, the applicant shall give the City not less than 72 hours’ notice. In the event of an unex- pected repair or emergency, work may be com- menced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this section. G. Construction Standards. All work within the City right-of-way shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to current versions of the Spokane Val- ley street standards; the Spokane Regional Storm- water Manual; the Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA). H. Maintaining Access. In the event it is neces- sary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infea- sible or unsafe to permit the work while maintain- ing an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconve- nienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly iden- tify appropriate detours, to allow the flow of traffic without unnecessary congestion. I. Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing City rights-of-way, or on City-owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barri- cades that protect the public safety, in accordance with the MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way. J. Damage to Existing Infrastructure. All dam- age to existing public or private infrastructure and/or property during the progress of the con- struction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform to adopted City standards. If the per- mittee fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materi- als to be furnished by the City and the cost shall be charged against the permittee. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City. K. City’s Right to Restore Right-of-Way and Easements. If the permittee fails to restore any City right-of-way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within one year from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things necessary to restore the right- 22.130.110 (Revised 2/10)22-52 of-way and/or easement and to complete the right- of-way construction work. The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to this section. No additional permits shall be granted until the invoice for City-performed work has been paid. L. Insurance – Evidence. The permittee, prior to the commencement of construction hereunder, shall furnish the City satisfactory evidence in writ- ing that the permittee has in force, during the per- formance of the construction work or activity, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an addi- tional named insured. The City may reduce the insurance limits if good cause exists. M. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harm- less the City, its officers, officials, employees and volunteers from any and all claims, injuries, dam- ages, losses or suits, including attorney fees, aris- ing out of the permit issued under this section except as may be caused by the negligence or will- ful conduct on the part of the City. N. Rules and Policy. To implement the right- of-way permit and provide for the public health and safety, the City, under the supervision of the city manager, may develop and adopt rules, poli- cies and forms consistent with this section. All adopted rules, policies and forms shall be filed with the city clerk. O. Violations – Penalties. Any person violating the provisions of this section shall be subject to all enforcement actions and penalties as found in Chapter 17.100 SVMC. (Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.060). 22.130.110 Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this chapter shall rest with the permit applicant and their agents. This chapter and its pro- visions are adopted with the express intent to pro- tect the health, safety, and welfare of the general public and are not intended to protect any particu- lar class of individuals or organizations. (Ord. 09- 033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.090). Chapter 22.140 STREET VACATIONS Sections: 22.140.010 Purpose. 22.140.020 Initiation of vacation. 22.140.030 Planning commission review and recommendation. 22.140.040 City council decision. 22.140.050 Vacation of waterfront streets. 22.140.060 Application of zoning district designation. 22.140.070 Recording of ordinance. 22.140.080 Compliance to city council conditions. 22.140.090 Record of survey required. 22.140.100 Monumentation. 22.140.110 Costs of title transfer to be borne by proponent. 22.140.010 Purpose. This chapter establishes the procedures, notice requirements and fees for the vacation of public streets and alleys within the City in conformance with the authority granted to the City by Chapter 35.79 RCW and RCW 35A.47.020. (Ord. 07-015 § 4, 2007). 22.140.020 Initiation of vacation. The owners of an interest in any real property abutting any public street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council. In the alternative, the city council may itself initiate a vacation by resolu- tion. The petition or resolution shall be filed with the city clerk. A. Petition for Vacation. The petition shall be in a form prescribed by the director or his or her designee and shall be signed by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated. B. Petition Fees. Every petition for the vacation of any public street, alley or any part thereof shall be accompanied by a fee in an amount established by resolution of the City to defray the administra- tive costs incurred in processing the petition and publishing, posting and mailing notices. The set amount shall be stated in the City of Spokane Val- ley Master Fee Schedule. Once paid, the fees shall not be refunded. C. Submittal Requirements for Petitions. Every petition shall be accompanied by the following: 22-53 (Revised 12/07) Spokane Valley Municipal Code 22.140.030 1. A Spokane County assessor’s map show- ing with a solid red line the portion of the street or alley sought to be vacated; 2. A vicinity map showing the general area of the proposed vacation; 3. A copy of the record of survey, if avail- able, for the subject street and alley proposed for vacation and abutting properties, streets and alleys within 100 feet on all sides of the proposed vaca- tion; 4. Written evidence of any and all utility easements, other allowances or reservations, whether public or private, pertaining to the street or alley proposed for vacation; and 5. A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public ben- efit of the proposed street vacation. D. Setting of Hearing. Upon receipt of the peti- tion, the fee and all required documents, the city clerk shall forward the petition and required docu- ments to the director, who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the director shall bring the petition before the city council within 30 days of receipt of the petition, and the city council shall by resolution fix the time when the petition will be heard by the city council, or a committee of the city council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a com- mittee of the city council. E. Staff Report. The director, in conjunction with the public works department, shall prepare a report concerning the proposed vacation. The pub- lic works department shall evaluate the advisability of the proposed vacation based on the existing and future transportation system needs and require- ments. The report shall address the criteria to be considered by the city council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the director including, but not limited to, drainage require- ments and street closure requirements, such as the removal and replacement of concrete and asphalt, and placement of barriers limiting vehicle move- ments. In preparing the report, the director shall solicit comments from the police department and the fire department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the bound- aries of the City. The report shall be submitted to the planning commission and to the petitioner and his or her representative not less than seven calen- dar days before the hearing. F. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the city clerk, or the director, acting under direction and supervision of the city clerk shall give not less than 20 days’ notice of the time, place and purpose of the hearing by: 1. Posting of a written notice in three con- spicuous places in the City; 2. Publishing written notice once in the City’s official newspaper; 3. Posting a minimum 24-inch by 36-inch notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and loca- tion of the public hearing; and 4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County assessor, not to exceed 90 calendar days from the date of the public hearing. The director shall send the same written notice to the represen- tative of the petitioners at the address on the peti- tion. G. Protest. If 50 percent or more of the abutting property owners file written objections to a city council-initiated vacation with the city clerk, prior to the time of the hearing, the City shall be prohib- ited from proceeding with the vacation. (Ord. 07- 015 § 4, 2007). 22.140.030 Planning commission review and recommendation. A. The hearing on the petition or proposal shall be held before the planning commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideration of the proposed vacation of the street or alley, the planning commission shall render a recommenda- tion based on the following criteria: 1. Whether a change of use or vacation of the street or alley will better serve the public; 2. Whether the street or alley is no longer required for public use or public access; 3. Whether the substitution of a new and dif- ferent public way would be more useful to the pub- lic; 22.140.040 (Revised 12/07)22-54 4. Whether conditions may so change in the future as to provide a greater use or need than pres- ently exists; and 5. Whether objections to the proposed vaca- tion are made by owners of private property (exclu- sive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. B. Following the hearing, the director shall for- ward the planning commission’s recommendation and the hearing minutes to the city council at a reg- ularly scheduled meeting. If a hearing is held before the planning commission, it shall not be necessary to hold a hearing before the city council; provided, that the city council may, at its discre- tion, determine to hold a separate hearing on the proposal. (Ord. 07-015 § 4, 2007). 22.140.040 City council decision. A. Following the hearing and receipt of the planning commission’s recommendation, the city council shall determine whether to vacate the street or alley. The determination shall consider, but not be limited to, the findings of the planning commis- sion. B. If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring con- veyance of easements for construction, repair and maintenance of existing and future utilities and ser- vices. C. Pursuant to RCW 35.79.040, the city coun- cil, in approving a street vacation request, shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each, unless factual circumstances oth- erwise dictate a different division and distribution of the street or alley to be vacated. D. The city council reserves the right to require compensation as a condition of approval of ordi- nance action; provided, that such compensation shall comply with the requirements of RCW 35.79.030; and further, that any required compen- sation shall be paid to the City prior to the City’s participation in required title transfer actions. (Ord. 07-015 § 4, 2007). 22.140.050 Vacation of waterfront streets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, rec- reation, educational purposes, or other public uses; 2. The city council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: a. Beach or water access; b. Launching sites; c. Park; d. Public view; e. Recreation; f. Education; or 3. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordi- nance, that provides comparable or improved pub- lic access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated. B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this sec- tion, the city council shall: 1. Cause an inventory to be compiled of all rights-of-way within the City that abut the same body of water that is abutted by the street or alley sought to be vacated; 2. Cause a study to be conducted to deter- mine if the street or alley to be vacated is unsuit- able for use by the City for any of the following purposes: a. Launching sites; b. Beach or water access; c. Park; d. Public view; e. Recreation; or f. Education; 3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsec- tion (B)(2) of this section, and that the vacation is in the public’s interest. C. Notice of the public hearing on the proposed vacation shall be provided in accordance with SVMC 22.140.020(F); provided, that the City shall also post notice of the public hearing conspicu- ously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a Spokane Valley Municipal Code 22.140.110 22-55 (Revised 10/08) letter to the director indicating the objection. (Ord. 07-015 § 4, 2007). 22.140.060 Application of zoning district designation. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the cen- ter of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district exten- sion inclusive of the applicable zoning district des- ignations. (Ord. 07-015 § 4, 2007). 22.140.070 Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the Spokane County auditor. (Ord. 07-015 § 4, 2007). 22.140.080 Compliance to city council conditions. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. (Ord. 07-015 § 4, 2007). 22.140.090 Record of survey required. Following the city council’s passage of the ordi- nance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the state of Washington and including an exact metes and bounds legal description and specifying, if applicable, any and all easements for construction, repair and maintenance of existing and future utilities and services shall be submitted by the proponent to the director. Said record of sur- vey shall contain the professional stamp and signa- ture of the registered surveyor, and the proponent indicating acceptance of the vacated property. (Ord. 07-015 § 4, 2007). 22.140.100 Monumentation. The surveyor shall locate a monument at the intersection of the centerline of the vacated right- of-way with each street or right-of-way in accor- dance with the standards established by this chap- ter. (Ord. 07-015 § 4, 2007). 22.140.110 Costs of title transfer to be borne by proponent. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including, but not limited to, title com- pany charges, copying fees, and recording fees are to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. (Ord. 07-015 § 4, 2007). 22.150.010 (Revised 10/08)22-56 Chapter 22.150 STORMWATER MANAGEMENT REGULATIONS Sections: 22.150.010 Finding and purpose. 22.150.020 Regulated activities. 22.150.030 Authority to develop and administer standards. 22.150.040 Standards for stormwater management. 22.150.050 Review process. 22.150.060 Conditions of approval. 22.150.070 Deviations and appeals. 22.150.080 Stormwater facility construction and certification. 22.150.090 Inspection. 22.150.100 Property owner responsibilities. 22.150.110 Public drainage facilities. 22.150.120 Failure to comply – Nuisance. 22.150.130 Enforcement. 22.150.010 Finding and purpose. The increased flow of surface water from the use and development of real property within the City must be managed to protect persons, property, and the environment. Stormwater facilities are a com- mon feature of urban development which must be constructed and maintained when property is developed or redeveloped within a geographic area. The City shall implement policies and proce- dures to: A. Minimize the degradation of water quality in surface and groundwater; B. Reduce the impact from increased surface water flow, erosion and sedimentation caused by the development of property; C. Promote site planning and land development practices that are consistent with the topographical and hydrological conditions; and D. Maintain and protect public and private property that is used and dedicated for stormwater management. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007). 22.150.020 Regulated activities. No person on any public or private real property located within the City shall engage in the follow- ing regulated activities without first obtaining stormwater control approval from the City. The regulated activities for development are: A. Grading of land in excess of 500 cubic yards so as to require environmental review pursuant to the State Environmental Policy Act (SEPA); B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of impervious surfaces that exceed 5,000 square feet. For projects that are imple- mented in incremental stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build-out; C. Disturbance of one acre or more; D. The subdivision, short subdivision and bind- ing site plan process as defined in Chapter 58.17 RCW and SVMC Title 20; and E. Construction of drywells or other UIC wells regulated by Chapter 173-218 WAC, UIC Pro- gram. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007). 22.150.030 Authority to develop and administer standards. The development services senior engineer shall develop and administer City standards that relate to best management practices and the threshold requirements for the development of stormwater control facilities. The development services senior engineer is further authorized to develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans. Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, and reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater, ero- sion and sediment control methods that meet the specific circumstances of each site and intended use. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007). 22.150.040 Standards for stormwater management. The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context requires otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley. The city clerk shall main- tain a copy on file. (Ord. 08-005 § 1, 2008). 22.150.050 Review process. Following submittal of a request to engage in a regulated activity, the development services senior engineer shall review the proposed regulated activ- Spokane Valley Municipal Code 22.150.080 22-57 (Revised 10/08) ity, including any plans or other submitted mate- rial. The development services senior engineer shall determine whether the regulated activity is exempt from review based upon the threshold requirements or, alternatively, whether the regu- lated activity complies with the standards, specifi- cations and requirements contained in the City standards. The development services senior engi- neer may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City standards. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.040). 22.150.060 Conditions of approval. The development services senior engineer is authorized to impose development requirements or conditions of approval for the regulated activities. The stormwater requirements or conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities will be developed. Conditions of approval shall be based on the City standards, the preliminary site drainage plan, engineering reports or other relevant data that pro- motes stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the environment. (Ord. 08- 005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.050). 22.150.070 Deviations and appeals. A. Authority. The development services senior engineer may grant a deviation from the require- ments of this chapter or City standards. In granting any deviation, the development services senior engineer may prescribe conditions that are deemed necessary or desirable for the public interest. B. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the satisfaction of the development services senior engineer, the following: 1. Deviations are based upon sound engi- neering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection; 2. The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity and downstream; 3. The proposed deviation does not conflict with or modify a condition of approval; and 4. Deviations meet requirements for safety, function, appearance, and maintainability. C. Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, approach, or site work permits. D. Right of Appeal. All actions of the develop- ment services senior engineer in the administration and enforcement of this chapter shall be final and conclusive, unless within 15 days from notice of the development services senior engineer’s action the applicant or an aggrieved party files a notice of appeal with the hearing examiner. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.080). 22.150.080 Stormwater facility construction and certification. All stormwater facilities shall be completed and certified by the proponent’s engineer prior to any final plat, short plat, binding site plan, or the issu- ance of a permanent certificate of occupancy or final inspection for any associated building. At the discretion of the development services senior engi- neer, a test of the facility may be performed to demonstrate adequate performance. The test shall be performed in the presence of development engi- neering personnel. Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when completion of improvements prior to final land action or permanent certificate of occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent’s con- trol). In the event that a performance surety is accepted by the development services senior engi- neer, the proponent will complete the following measures prior to the release of the surety: A. All aspects of the drainage facility, includ- ing landscaping, irrigation, and establishment of specified vegetation, shall be completed in accor- dance with the accepted plans on file with the City. The proponent’s engineer shall certify the improvements and request an oversight inspection from development engineering personnel. B. An exception may be granted for single-fam- ily or two-family residential subdivisions where the completion of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough-grade the swales to the required volume and install all drywells, inlets, curb drops and other structures in accordance with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent ero- 22.150.090 (Revised 10/08)22-58 sion and/or failure of the swale side slopes. This includes, but is not limited to, lining the swale with geo-fabric that can be removed along with accumu- lated silt, until the swale is final-graded and vege- tated. The completion of the landscaping, irrigation, and establishment of specified vegeta- tion shall be required prior to issuance of the per- manent certificate of occupancy or final inspection for any associated dwelling. A warranty surety shall be submitted to the City upon successful completion and certification of all public improvements to guarantee against defects in construction. The warranty surety will be for a period of two years from the date the facility is accepted by the City. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.090). 22.150.090 Inspection. The development services senior engineer is authorized to field inspect, as appropriate, street, building site, and drainage construction to verify conformance with City standards and the condi- tions of approval. (Ord. 08-005 § 1, 2008; Ord. 07- 015 § 4, 2007. Formerly 22.150.100). 22.150.100 Property owner responsibilities. A. The property owner shall comply with pro- visions of this section and City standards. The property owner shall be responsible for repair, res- toration, and perpetual maintenance of the storm- water facility installed on private property and any portion of the swale situated in a public right-of- way adjacent to their respective properties. B. For purposes of this chapter, “repair and res- toration” shall mean conforming the stormwater facility to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner. 1. “Maintenance” means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans. 2. “Maintenance” also includes mowing, irrigating, and replacing when necessary the lawn turf within the swales. The property owners within single-family and two-family residential subdivisions are not responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way and conform to City access standards and are located within the public right- of-way or a border easement dedicated to the City. The City of Spokane Valley will maintain the dry- wells, inlets and pipes upon acceptance of the pub- lic infrastructure. C. The property owner is responsible for keep- ing open the drainage and stormwater easements on their property. If a drainage or stormwater ease- ment is unlawfully encroached upon or the func- tion of a designated drainage or stormwater easement is reduced, the property owner is respon- sible for removing the encroachment or detriment. D. The property owner is responsible for keep- ing open maintenance access easements serving drainage facilities and drainage easements. E. The property owner shall not place or permit, and shall immediately remove, vehicles, equip- ment, objects, refuse, garbage or litter from the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.110). 22.150.110 Public drainage facilities. It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters or other liquids onto City property, rights- of-way, or border easements without written per- mission of the director of public works. For pur- poses of this chapter, unauthorized waters include, but are not limited to: A. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps, and other means of discharging groundwa- ter to the surface; B. Surface water containing sediment; C. Discharges from swimming pools, hot tubs, detention or evaporation ponds; D. Water discharged from the cleaning of con- tainers or equipment used in laying, cutting, or pro- cessing concrete and mortar and the water used in such processes; E. Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants; and F. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.120). 22.150.120 Failure to comply – Nuisance. The following is declared to be unlawful and a public nuisance: A. The placement, construction, or installation of any structure within, or the connection to, a pub- lic stormwater facility without written permission of the director of public works; or Spokane Valley Municipal Code 22.160.010 22-59 (Revised 3/11) B. The discharge of stormwater to a public stormwater facility without permission of the director of public works; or C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or D. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or litter within the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.130). 22.150.130 Enforcement. Enforcement of this chapter shall be pursuant to Chapter 17.100 SVMC. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.140). Chapter 22.160 WASTEWATER PRETREATMENT Sections: 22.160.010 Wastewater pretreatment standards. 22.160.010 Wastewater pretreatment standards. Pursuant to RCW 35A.11.020 and 35A.12.140, Spokane County Code Chapter 8.03A, as adopted or amended, is hereby adopted by reference as the wastewater pretreatment standards for the City of Spokane Valley. The city clerk is to maintain a copy of Spokane County Code Chapter 8.03A. (Ord. 10-019 § 2, 2010). 1 REGIONAL PAVEMENT CUT POLICY Spokane County Road Standards – Technical Reference F May 18, 2005 INTRODUCTION The local governmental entities within Spokane County are faced with the same challenges as many other municipalities throughout the country. Pavement cuts are a necessary operation and cannot be avoided. Utilities need to serve new customers and repair existing facilities. There is a common good for all utilities to be placed in the Public Right of Way. All parties shall strive to reduce the burden to the taxpayer/ratepayer, and damage to the roadways. Studies conducted by multiple groups and organizations have determined that poorly restored pavement cuts cause permanent structural and functional damage increasing maintenance costs, future rehabilitation costs, and produce a rough ride. If realized, the increased costs and rough ride are a burden for the taxpayer/ratepayer. As Exhibit A on page eight shows, the pavement beyond the trench may be weakened by sagging which results from loss of lateral support. Heavy construction traffic also weakens the area adjacent to the trench. Studies (see attached bibliography) have shown that the pavement life may be reduced by pavement cuts. Poorly constructed patches tend not to last through the life of the existing road and fail prematurely when there is a lack of good construction techniques used when backfilling and compacting. This causes an additional burden to maintenance departments and taxpayers/ratepayers. A poorly constructed pavement cut usually requires repair before the road needs to be resurfaced; problems typically appear in the first two years. Studies also reveal that patch areas probably require thicker overlays compared to the rest of the pavement in the area. This also results in higher costs to the taxpayer/ratepayer. EXECUTIVE SUMMARY This document outlines Spokane County and the City of Spokane’s joint regional policy regarding pavement cuts. It addresses excavation problems, construction requirements, warranties and other related aspects. In addition, it modifies the five year new pavement cut moratorium, creating a new regional three-year cut moratorium as outlined in this agreement and exhibit B tier chart. Any road will remain available to be cut if there is no other means to take care of an emergency situation (broken water, sewer or gas lines or as approved by the Agency Engineer). The utility shall attempt to use other innovative ideas for servicing customers other than cutting into the public Right of Way while not diminishing safety standards. Uniform Development Code Appendix 22-B (Revised 12/07) 2 DEFINITIONS Permittees: The utility company or contractor who submits an application for a permit to obstruct and/or conduct construction operations in the public right-of-way. Local agencies and their contractors shall be considered permittees for application of this policy even though the respective agencies and/or their contractors may not take out permits. Local Agency: The governing entity having jurisdiction of the area that the permittee has submitted an application to obstruct or conduct construction operations. Agency Engineer: City or County Engineer, his/her designee (Engineers, Inspectors, Project Managers, Field Personnel) representing a Local Agency. Standard Specifications: Current version of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, Supplemental Specifications and/or Drawings as attached by local agencies. Project Completion: Date when the following has occurred: final permanent restoration of roadway is complete and approved by the inspector, and all as-built documentation has been submitted to the local agency. A fax transmittal confirmation ticket of ‘as built’ shall be considered confirmation. New Roadway: Any roadway that has had a designed rehabilitation in the permitted excavation location that is less than or equal to three years. Length of Patch: For this document the length of all patches is the patch dimension parallel to the roadway. Width of Patch: For this document the width of all patches is the patch dimension perpendicular to the roadway. Assignee: The contractor who is taking out the permit. Patch: Cut in the pavement as part of the current permitted job. CONSTRUCTION REQUIREMENTS 1. A pavement cut moratorium will be in effect for a period of three years for all new roadways (see Exhibit B). 2. No patching material will be allowed within an existing patch if the new patch exceeds seventy percent or more of the existing patch. In this case, the entire existing patch must be replaced. 3. All patching materials and construction requirements not addressed in this document shall conform to each Local Agency’s Standards, copies available from local agencies. Longitudinal cuts that extend through multiple tier classifications will require discussion with the local agency to determine appropriate patching approach. In principle, each road section will be patched according to the tier in which it is ranked. Uniform Development Code Appendix 22-B (Revised 12/07) 3 4. All existing traffic control markings will be replaced as soon as possible after permanent paving is completed. Temporary markings for lane lines and stop lines shall be in place prior to the roadway opening for traffic. All remaining temporary striping will be completed within seven days of new pavement completion and shall be maintained by permittee until permanently restored. All traffic markings will be replaced per normal work practices. 5. Full depth full lane pavement removal and replacement shall be constructed beyond the nominal completed trench edge longitudinally, and transversely per tier chart and notes. The goal is that the tee section will not arbitrarily force patch into adjacent lanes, dependent on quality and care of trenching. The minimum length of the patch parallel to the road shall be six feet. If any part of the excavation, patch or damaged area intrudes into an adjacent lane, that lane shall also be replaced per the tiered chart. For new patches adjacent to any existing patch, all attempts will be made to install the utility at the existing patch line. When this is not feasible, no gap of 4 feet or less shall exist. 6. The permittee shall be allowed to make emergency repairs provided a more reasonable alternative does not exist. Every reasonable effort will be made to restore the roadway quickly. (Note: an emergency will not allow permittee to coordinate and plan with asphalt company). (See “Repairs of Pavement Cuts”). 7. Only saw cutting or approved grinding device will be allowed. Only parallel and perpendicular pavement cuts will be allowed. No jagged, broken or undermined edges. 8. Bicycle/pedestrian/parking/travel lanes to be repaired per tier chart and attached drawings. 9. Each Local Agency shall have the prerogative to encourage the permittee to contribute permittee’s normal patching costs to local agencies to accomplish paving or full depth replacement of the roadway. (This does not apply to work done within larger projects, i.e. sewer projects). The Local Agency should be notified of existing problems with the adjacent roadway to a proposed patch. Every effort will be made to leverage both utility and agency dollars for street improvements. 10. When 2 or more patches are created within a given job that measure 15 feet or less longitudinally or transversely they will be incorporated into a single patch. Anytime five or more patches are required within a 350-foot longitudinal area, the utility will notify the agency to determine if cost sharing is an option to expand the pavement repair/replacement area. 11. Potholing to find utilities shall be allowed. The use of innovative technologies is encouraged (Keyhole etc.). To be exempt from the gap and patching policy, cuts shall be a maximum of two square feet with no longitudinal joints in the wheel path and shall be backfilled with controlled density or other approved fill from six inches above the utility to six inches below bottom of asphalt. Round vs. square cuts are preferred. 12. Chip sealed roads shall be rehabilitated according to construction requirements for asphalt roads as outlined in this document. Uniform Development Code Appendix 22-B (Revised 12/07) 4 13. All temporary traffic control for the work zone shall conform to the MUTCD and Washington State modifications to the MUTCD. All traffic control is subject to the approval of the Agency Engineer or his/her designee (See temporary patching section). 14. All existing pavement types shall be constructed at the existing depth of asphalt and crushed surfacing, in accordance with applicable Local Agency Standards (including any fabric or membranes); however, the replacement section of asphalt and crushed rock shall not be less than the minimum section specified in Local Agency’s Design Standards. 15. All concrete road cuts shall be pre-approved before beginning work (except in the case of an emergency situation). Concrete roads shall require full panel replacement unless approved otherwise by local agency. All concrete joints shall require an approved tie bar and dowel retrofit. Depth of concrete replacement shall match the existing thickness, or as per Local Agency’s Standards. Care shall be made not to undermine the existing panels. If the adjacent panels are disturbed or damaged, they also shall be replaced at the discretion of the Local Agency. All joints shall be sealed with an approved material. 16. Asphalt over concrete road cuts – if known - shall be pre-approved before beginning work (except in the case of an emergency situation). Saw cutting or other approved practice for removal of the concrete shall be allowed at the discretion of Local Agency. The asphalt portion of the cut shall be constructed according to the pavement cut policy. 17. All areas outside of the roadway that are affected by the work shall be restored to their original condition. All shoulders shall be restored to their original condition. 18. Valve and manhole repairs shall be exempt from the patching requirements of this policy. Valve and manhole patching requirements shall be per each Local Agency’s Standards. All warranty and construction requirements shall be met. No longitudinal construction joints shall be allowed in the wheel path. 19. The permittee shall provide a detailed “As-built” record of the pavement cut after construction is completed. The permittee shall provide details indicating existing pavement section, new pavement section and any unusual conditions at the location of the constructed utility. The location shall include the name of the road the work is being performed on and the name of the closest intersections in each direction. Distance measurements shall be from intersecting streets. This information will be provided to the Local Agency’s Permit department for a permanent record. This information shall be returned no later than seven days after the completion of the permitted project by mail, fax, or other electronic means by either permittee or patching contractor. The intent of this process is to record small patching details. Larger projects shall be reviewed and approved prior to construction. Uniform Development Code Appendix 22-B (Revised 12/07) 5 20. The moratorium policy will be explained both as to costs and to construction practices by the Local Agencies as part of the permitting/zoning process for new construction or major remodeling projects. Individual permittees/utilities will not be responsible for this function. Individual permittees/utilities will be responsible for doing the work and the costs associated with the moratorium policy as they open roadways for work. Cost recovery from developers will be calculated and coordinated by permittee/utility. SURFACE SMOOTHNESS REQUIREMENTS The completed surface of all courses shall be of uniform texture; smooth, uniform as to crown and grade and free from defects. The completed surface of the wearing course shall not vary more than 1/4 inch from the lower edge of a ten foot straightedge placed parallel to the centerline. Recognition and consideration will be made for existing roadway conditions. The Agency Engineer must approve corrective measures. WARRANTY REQUIREMENTS Pavement cuts on roadways ten years old or less will have a warranty period of five years. The patch in the roadway shall be repaired as necessary until the warranty has passed. All other roadways shall require a minimum three-year warranty period. All warranties shall become void if rehabilitation work is performed to the road within the patching limits. For road cuts performed by a Utility using its internal capability, that Utility or assignee will be responsible for repairs required during the warranty period. All curb, sidewalks and structures that are affected by the excavation shall be included in this policy and have a warranty for five years. WARRANTY PROVISIONS 1) Sunken pavement patches greater than or equal to one-quarter inch (Measured by a ten-foot straight edge). 2) Visual rating of patch = to medium or high (Per Agency’s rating procedure). 3) Visual rating of construction joint = to medium or high (Per Agency’s rating procedure). 4) Poor workmanship (To be determined by each Agency’s Engineer). 5) Compaction requirement per Agency standard. 6) Sunken or damaged curb and sidewalks in excavation work area (To be determined by each Agency’s Engineer). 7) Sunken or damaged drywells and catch basins in excavation work area (To be determined by each Agency’s Engineer). Uniform Development Code Appendix 22-B (Revised 12/07) 6 REPAIRS OF PAVEMENT CUTS If emergency repairs are needed due to safety concerns, the permittee shall have twenty-four hours in which to make such repairs from time of verbal notice by the Local Agency. For non-emergency repairs on arterial roads the permittee shall have forty-eight hours to make such temporary repairs. Residential streets, the permittee shall have up to seven days to make such temporary repairs. If these repairs are not accomplished within the specified timeframe, the work shall be privately contracted by the Local Agency or the Local Agency’s maintenance crew shall perform the needed repairs. The permittee will be assessed all costs associated with the repairs. The costs shall be based on the average bid items for comparable projects for the year preceding plus ten percent overhead fees. If repairs are made other than seam sealing to the warranted patch a new warranty will be implemented for the new patch. The permittee shall have two days to notify their asphalt company of the needed permanent repairs. If the work is not done in a timely manner and following notification the work shall be privately contracted or Local Agency maintenance crews will perform the needed repairs. The permittee shall be assessed the associated fees for the repairs. All utility cut construction shall follow the construction and warranty requirements per local agencies standards. TEMPORARY PATCHING During winter asphalt concrete paving plant closures or outside of temperature specifications (see section 5-04 of the standard specifications) the permittee shall install and maintain a temporary patch until it can construct a permanent patch. A temporary patch will be required if the road must be opened to traffic before a permanent patch can be made. The temporary patch shall consist of two inches of crushed surfacing and two inches of cold-mix asphalt pavement and/or steel plates, or upon approval of the Agency Engineer, crushed surfacing top coarse may be used. On arterials, when a temporary patch is required for more than two months, Portland Cement Concrete shall be used to construct the temporary patch (Contact Local Agency for mix design requirements). The permittee shall maintain the temporary patch until the patch has been permanently restored. PERMITS All work in the ‘Public Right-of Way’ requires a permit. Permittee shall take out all permits and perform all work. The permittee shall fax or send a letter to the appropriate Local Agency permit center designating their assignees. The permittee will be required to submit a construction and traffic control plan (traffic control for arterial work and roadways above 30 M.P.H.) when applying for a permit. If the Agency Engineer determines that abuse of obligations are prevalent, future construction permits shall not be issued until the permittee has fulfilled all obligations to existing permits. Written notification by Local Agency will be sent prior to this action. Uniform Development Code Appendix 22-B (Revised 12/07) 7 RESPONSIBLE PARTY The permittee shall be responsible for all construction and warranty requirements of this policy. Utilities will provide identity of excavator/permittee as known to local agencies. Local agencies will attempt to get permittee to correct warranty defects. If permittee is a subcontractor for utilities, the utilities will assume responsibility if permittee can not/will not make repairs. WAIVERS AND EXEMPTIONS It is understood that field conditions may warrant a waiver or an exemption from these regulations. Permittee may file for a waiver, and such waivers shall be at the discretion of the Agency Engineer or his/her designee. POLICY REVIEW The local agencies will host a meeting with each other and other interested stakeholders at the end of each construction season for the purpose of reviewing the effectiveness of the policy for the completed construction season and suggested improvements for future construction seasons. BIBLIOGRAPHY “Trench Restoration Requirements”. City of Bellevue “Utility Trench Cut Restoration Specifications”. Metropolitan Transportation Commission (January 1997) “Asphalted Pavement Warranties”. Wisconsin Department Of Transportation (June 2001) “Impact of Utility Cuts on Pavement Performance”. City of Seattle “Managing Utility Cuts” APWA (August 1997) “Gas Industry’s Use of Public Right-of-Way” A.G.A. White Paper (September 1998) “Pavement Cut and Repair Standards Manual” DPW&T City of Dallas (October 2003) Uniform Development Code Appendix 22-B (Revised 12/07) TYPICAL TRENCH EXCAVATION EXHIBIT A 8 Uniform Development Code Appendix 22-B (Revised 12/07) PAVEMENT CUT POLICY EXHIBIT B Tier 1 Tier 2 Tier 3 Tier 4 Arterial Streets: < 3 years Years 4-5 Years 6-12 > 12 years Principal Moratorium Policy Full Policy Full Policy Modified Policy Minor Moratorium Policy Full Policy Modified Policy Trench Only Neighborhood Collector Moratorium Policy Full Policy Modified Policy Trench Only Local Access Streets: Industrial/Commercial Moratorium Policy Modified Policy Modified Policy Trench Only Residential Moratorium Policy Modified policy Modified Policy Trench Only Exhibit B Notes Moratorium Policy = Half roadway or full roadway replacement for longitudinal cuts in new roadways. This policy requires prior approval from Agency having jurisdiction. Full Policy = Policy w/paving to established/dedicated lane lines. Cut full depth 2 feet beyond excavation. No gaps < 4’ from curb or gutter. Modified Policy = If no striping for lane line, lane is = to 12’, can patch to middle of lane lines, cannot leave any gap <4’ from curb or gutter. Cut 1’ beyond excavation. Trench Only = Cut 1’ beyond excavation all locations. No longitudinal joints in the wheel path. Note: It is the discretion of each jurisdiction to review the individual road segment ages to determine patch requirements on longitudinal installation over multiple roadway segments with variable ratings. In principle, each road section will be patched according to the tier in which it is ranked. Note: Any deviation from the Tier Policy will require approval in advance by the local agency. Note: Each agency will provide date of last major reconstruct either electronically or on each permit. Maintenance does not constitute a reconstruct for age determination. Note: Moratorium policy will be reviewed as seam-sealing technology improves. 9 Uniform Development Code Appendix 22-B (Revised 12/07) Permittee Name: Job Address:Coordinates :Street (if no house number, please list hundred-block)(Example : 15N 24W) Alley Project/Task #: Date Cut:Crew: PO/Job #:City/County Permit #: Unusual Conditions/Special Instructions: Tier#:1234 (Please circle) Policy:Moritorium Full Modified Trench (Please circle) Condition of Cut Type of Work Type of Repair Depth Existing Road Condition (Circle any that apply) 6" Gravel (required)Gas Asphalt Depth of Asphalt Cold Mix Electric Concrete Depth of Gravel Winter Mix Water Sub Base Type Sawcut CATV Grind Communications Sewer Other _____________ Asphalt Width Length x x x x Concrete Width Length x x striping (linear foot) Date Sent for Repair: Date Completed: Patching Co. Signoff: (patching company to fax to local agency at completion) ASPHALT AND CONCRETE PAVEMENT REPAIR 8 C/L C/L 10 Fax Completed Form to: Spokane County, Sylvia Lightfoot: 509/477-7198 City of Spokane, Dan Eaton: 509/625-6124 Uniform Development Code Appendix 22-B (Revised 12/07) EXHIBIT B1 MORATORIUM/FULL POLICY - ARTERIAL 11 EXHIBIT B2 MORATORIUM/FULL POLICY – RESIDENTIAL /LOCAL ACCESS Uniform Development Code Appendix 22-B (Revised 12/07) EXHIBIT B3 MORATORIUM/FULL POLICY – INTERSECTIONS EXHIBIT B4 MODIFIED POLICY - ARTERIAL 12 Uniform Development Code Appendix 22-B (Revised 12/07) EXHIBIT B5 MODIFIED POLICY – RESIDENTIAL/LOCAL ACCESS 13 Uniform Development Code Appendix 22-B (Revised 12/07) 23-1 (Revised 12/07) Title 23 (Reserved) 24-1 (Revised 2/10) Title 24 BUILDING CODES Chapters: 24.10 Authority 24.20 Purpose 24.30 Appeals 24.40 Codes Adopted 24.50 Land Disturbing Activities 24-3 (Revised 8/12) Spokane Valley Municipal Code 24.20.010 Chapter 24.10 AUTHORITY Sections: 24.10.010 Adoption authority. 24.10.010 Adoption authority. The City of Spokane Valley (hereafter referred to as the “City”) adopts the Washington State Building Code pursuant to RCW 19.27.031, and additional codes enumerated herein as allowed pursuant to RCW 19.27.040. (Ord. 07-010 § 1, 2007). Chapter 24.20 PURPOSE Sections: 24.20.010 Purpose of provisions. 24.20.010 Purpose of provisions. These regulations have been established in com- pliance with the State Building Code Act to pro- mote the health, safety and welfare of the occupants or users of buildings and structures and the general public as enumerated in RCW 19.27.020. (Ord. 07-010 § 1, 2007). 24.30.010 (Revised 8/12)24-4 Chapter 24.30 APPEALS Sections: 24.30.010 Appeals. 24.30.010 Appeals. The appeal of any decision, order or determina- tion of the building official shall be made in con- formance with Chapter 17.90 SVMC. (Ord. 07-010 § 1, 2007). Chapter 24.40 CODES ADOPTED Sections: 24.40.010 General. 24.40.020 Specific. 24.40.030 Local administrative provisions. 24.40.040 Local amendments to the adopted codes. 24.40.010 General. A. These regulations apply to any structure, equipment, or activity regulated by the herein adopted codes. All referenced codes are available for viewing at the City permit center. B. All projects submitted for review and approval must conform to the requirements of this title. (Ord. 12-016 § 1, 2012; Ord. 07-010 § 1, 2007). 24.40.020 Specific. The following codes, as presently constituted or subsequently amended by the state of Washington, all as amended, added to, or excluded in this chap- ter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: A. Chapter 51-11 WAC – Washington State Energy Code. B. Chapter 51-19 WAC – Washington State Historic Building Code. C. Chapter 51-50 WAC – State Building Code Adoption and Amendment of the International Building Code; including Appendix Chapters E, F, G, I, and J and ICC ANSI A117.1 and the Interna- tional Existing Building Code. D. Chapter 51-51 WAC – State Building Code Adoption and Amendment of the International Residential Code; including Appendix Chapters F, G, H, and J. E. Chapter 51-52 WAC – State Building Code Adoption and Amendment of the International Mechanical Code, the International Fuel Gas Code, NFPA 58 and NFPA 54. F. Chapter 51-54 WAC – State Building Code Adoption and Amendment of the International Fire Code. G. Chapter 51-56 WAC – State Building Code Adoption and Amendment of the Uniform Plumb- ing Code. H. Chapter 51-57 WAC – State Building Code Adoption and Amendment of Appendices A, B and I of the Uniform Plumbing Code. 24-5 (Revised 8/12) Spokane Valley Municipal Code 24.40.030 I. The 2009 International Plumbing Code; in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. J. The 2009 Edition of the International Prop- erty Maintenance Code, except Sections 106, 111, 302.3, 302.4, 302.8, 303, 304.2, 304.8, 304.13 through 304.18, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not adopted. (Ord. 12-016 § 1, 2012; Ord. 07-010 § 1, 2007). 24.40.030 Local administrative provisions. A. The administrative provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically amended by this section or SVMC 24.40.040. B. The following provisions amend all codes adopted by SVMC 24.40.020. Any provisions related to fees, time limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are not adopted, including but not limited to International Building Code subsec- tions 105.3.2 and 105.5 as adopted by Chapter 51- 50 WAC, and International Residential Code sub- sections R105.3.2 and R105.5 as adopted by Chap- ter 51-51 WAC. C. Projects subject to regulation under this chapter vest to the state code edition under which a complete application was accepted. 1. Time Limitation of Application. Applica- tions are valid for a minimum of one year. One extension of time may be granted for a term of at least 180 days but shall not exceed the time remain- ing in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the limitations described herein. a. Applications that have expired subject to this section have no vested right to review under the state code or Spokane Valley Municipal Code in effect at the time of original complete applica- tion. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new applica- tion. The scope of application submittal require- ments and review process shall be determined by the community development director. 2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One extension of time may be granted for a term of at least 180 days but shall not exceed the time remaining in the first full code cycle after the code cycle to which the permit is vested. Any such extension shall be requested in writing. A permit issued subject to this section shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be deter- mined by the community development director. The fees shall be set to cover actual City costs for services. c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the Spokane Valley Municipal Code. 3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. 4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees prescribed by the Spokane Val- ley master fee schedule have been paid in full. The building official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley master fee schedule. 5. Work Commencing Before Permit Issu- ance. Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system, before obtaining necessary per- mits, shall be subject to an investigation fee in 24.40.040 (Revised 8/12)24-6 accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest ille- gal work or establish any right to a permit. (Ord. 12-016 § 1, 2012). 24.40.040 Local amendments to the adopted codes. A. The International Building Code. 1. Amend Section 105, Permits, as follows: a. Section 105.2, Work exempt from per- mit, Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and sim- ilar uses provided the floor area does not ex- ceed 200 square feet (11.15 m2). b. Section 105.2, Work exempt from per- mit, Building: Item 6. to read as follows: 6. Decks, sidewalks and driveways not more than 30 inches (762 mm) above the lowest ad- jacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code, and not over any base- ment or story below and are not part of an ac- cessible route. B. The International Residential Code. 1. Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following: 2. Add a subsection to Section R310, Emer- gency escape and rescue openings, as follows: R310.6 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. 3. Amend Section R322, Flood-resistant construction, as follows: a. Modify R322.1, General, to add munic- ipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC 21.30 and be designed and constructed in accordance with the provisions contained in this section. b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a min- imum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by Washing- ton State, and replace with a new item 1 to read as follows: 1. Buildings and structures in flood hazard ar- eas not designated as Coastal A Zones shall have the lowest floors elevated to or above base flood elevation plus one foot. d. Delete item 4 in subsection R322.2.1, Elevation requirements, as amended by Washing- ton State, and replace with a new item 4 to read as follows: 4. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. Ground Snow Load* Wind Speed (Gust) Seismic Design Category SUBJECT TO DAMAGE FROM Winter Design Temp Ice Barrier Underlayment Required Flood Hazards Air Freezing Index Mean Annual TempWeathering Frost line depth Termites Decay 39 lbs/ft2 85 mph C Severe 24" Slight to Moderate None to slight 10°F Yes 2010 FIRM 1232 47.2°F *Minimum roof snow load: 30 lbs/ft2 24-7 (Revised 8/12) Spokane Valley Municipal Code 24.40.040 e. Add a second paragraph to Section R322.3.6, Construction documents, to read as fol- lows: The documents shall include a verification of foundation elevation prior to footing inspec- tion approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The International Mechanical Code and the International Fuel Gas Code. Reserved. D. The International Fire Code. 1. Amend Appendix C to add an exception after the last paragraph in Section C105.1, Hydrant spacing, as follows: Exception: The fire chief is authorized to re- duce the number of required hydrants by up to 50% when the building is equipped with an ap- proved, automatic fire sprinkler system and the fire chief has approved the location of those re- quired fire hydrants. 2. Amend Appendix D, Section D101.1, to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the Inter- national Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. E. The Uniform Plumbing Code. Reserved. F. The 2009 International Plumbing Code. Reserved. G. The International Existing Building Code. Reserved. H. The 2009 International Property Mainte- nance Code. 1. Amend Section 202, General definitions, by adding the following definitions: i. Drug properties and structures. Any build- ing, structure and/or associated property, iden- tified by the Chief of Police, wherein or upon which the manufacture, distribution, produc- tion or storage of illegal drugs or the precursors to create illegal drugs has taken place in a man- ner which could endanger the public. ii. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. “Blight on the surrounding neighborhood” is any proper- ty, dwelling, building, or structure that meets any two of the following factors: 1. A dwelling, building, or structure exists on the property that has not been lawfully occu- pied for a period of one year or more; 2. The property, dwelling, building, or struc- ture constitutes a threat to the public health, safety, or welfare as determined by the execu- tive authority of the City or designee; 3. The property, dwelling, building, or struc- ture is or has been associated with illegal drug activity during the previous twelve months. 2. Amend Section 202, General definitions, by deleting the following definitions: a. Garbage; b. Housekeeping unit; c. Inoperable motor vehicle. 3. Amend Section 108, Unsafe structures and equipment, as follows: a. Add a new subsection 108.6, Drug properties and structures, to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.6. The Building Official is authorized to abate such unsafe buildings, structures, and/or associated properties in accordance with the procedures set forth in this code and Washington statute, RCW 64.44.010, with the following additional actions: 1. Due to public safety hazard in drug produc- tion facilities, all public and private utilities shall be disconnected. 2. Building(s) and structures shall be inspect- ed to determine compliance with all City ordi- nances and codes. 3. Building(s) and any entry gates to the prop- erty shall be secured against entry in the man- ner set forth in this code. 4. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been ad- dressed, all dangerous conditions abated and a 24.40.040 (Revised 8/12)24-8/10 notice of release for re-occupancy has been re- ceived from the health department and sher- iff’s office. 5. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and/or property may be subject to condemna- tion pursuant to RCW 35.80A.010, Condem- nation of blighted property. b. Add a new subsection 108.7, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accor- dance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the sur- rounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the ac- quisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, build- ings, and structures for the purposes described in this chapter is declared to be for a public use. 4. Replace the code reference, International Plumbing Code, in Section 505.1, General, with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2, Residen- tial occupancies, and replace with the following: Dwellings shall be provided with heating facil- ities capable of maintaining a room tempera- ture of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appli- ances shall not be used to provide space heat- ing to meet the requirements of this section. 6. Delete the text of Section 602.3, Heat sup- ply, and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68° F (20° C) in all habitable rooms, bath- rooms, and toilet rooms. 7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following: Indoor occupiable work spaces shall be sup- plied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. 8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the follow- ing: The State adoption of the NEC. (Ord. 12-016 § 1, 2012; Ord. 07-010 § 1, 2007. Formerly 24.40.030). Spokane Valley Municipal Code 24.50.010 24-11 (Revised 8/13) Chapter 24.50 LAND DISTURBING ACTIVITIES Sections: 24.50.010 General. 24.50.020 Grading permit – General exemptions. 24.50.030 Engineered grading permits. 24.50.040 Regular grading permit. 24.50.050 Grubbing and clearing permit. 24.50.060 Severability. Prior legislation: Ord. 07-010. 24.50.010 General. A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is required. All land disturbing activities shall comply with this chapter and the requirements set forth by SVMC Title 21, Environmental Controls, and 22.130.040, Street standards. B. Purpose. The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the general health, safety, and welfare of the public residing within the City of Spokane Val- ley by: 1. Establishing procedures for issuance of permits, plan approval, and inspection of grading construction; and 2. Controlling erosion and preventing sedi- ment and other pollutants from leaving the project site during construction by implementing best management practices; and 3. Reducing stormwater runoff rates and vol- umes, soil erosion and non-point source pollution, wherever possible, through stormwater manage- ment controls and to ensure that these management controls are properly maintained and pose no threat to public safety; and 4. Protecting downstream properties and public infrastructure. C. Definitions. 1. “Applicant” is the private party or parties desiring to construct a public or private improve- ment within City right-of-way, easements, or pri- vate property, securing all required approvals and permits from the City, and assuming full and com- plete responsibility for the project. The applicant may be the owner or the individual designated by the owner to act on his behalf. 2. “Clearing and grubbing” includes, but it is not limited to, removing trees, stumps, roots, brush, structures, abandoned utilities, trash, debris, and all other material found on or near the surface of the ground in the construction area. 3. “Grading” is the physical manipulation of the earth’s surface and/or surface drainage pattern which includes surcharging, preloading, contour- ing, cutting, and/or filling. Grading activities fall into two general categories: engineered grading and regular grading. 4. “Land disturbing activity” results in a change in existing soil cover (vegetative or non- vegetative) or site topography. Land disturbing activities include, but are not limited to, demoli- tion, construction, clearing and grubbing, grading and logging. 5. “Site” includes all the parcels included in the project. D. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity, unless specifically exempted, shall be performed without first having obtained a permit. The follow- ing are the types of permit: 1. Engineered Grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.030 for applicability, additional exemptions, and permit requirements. All engineered grading shall comply with the Washington State Environ- mental Policy Act. 2. Regular Grading. Regular grading is grad- ing work that is not required to be engineered. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability, addi- tional exemptions, and permit requirements. 3. Clearing and Grubbing Permit. Refer to SVMC 24.50.050 for applicability, exemptions, and permit requirements. E. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. F. Surety. The applicant shall post a surety in an amount determined by the development services senior engineer. Acceptable surety instruments are cash savings assignments and letters of credit issued by a duly chartered financial institution. G. Inspection. All land disturbing activities shall be subject to inspection by the development services senior engineer. For all engineered grad- ing permits, special inspection of grading opera- tions and special testing shall be performed in accordance with the provisions of Chapter 9 of SVMC 22.130.040, Street standards. If, during an inspection, site conditions and/or construction of permanent items are found to not be as shown in the permit application or approved plans, the permit may be deemed invalid. No land 24.50.020 (Revised 8/13)24-12 disturbing activity shall be undertaken, or contin- ued, until revised plans have been submitted and approved. The development services senior engineer shall be notified when work authorized by a permit issued subject to this chapter is ready for final inspection. Final approval shall not be granted until all work has been completed in accordance with the approved grading plans and any required reports have been submitted. H. Hazards. If the development services senior engineer determines that any land disturbing activ- ity has or may become a hazard to life and limb, endanger property, cause erosion, or adversely affect drainage, the safety, use, stability of a public way or drainage channel, the owner shall be noti- fied in writing. The owner is responsible to miti- gate the hazard within the time specified by the development services senior engineer. If not cor- rected, the land disturbing activity shall be deemed to be a violation pursuant to subsection I of this section. I. Violations. Unless exempt, any land disturb- ing activity performed without a permit shall be considered hazardous and a public nuisance, sub- ject to all enforcement actions and penalties as found in SVMC Title 17. An investigation fee may be assessed pursuant to International Building Code Section 108.4. The fee is payable prior to the issuance of a permit. Payment of the investigation fee does not vest the illegal work with any legiti- macy, nor does it establish any right to any permit for continued development of the project. Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to fines as provided in SVMC Title 17. J. Construction Stormwater Permit. The appli- cant shall contact the Washington Department of Ecology (Ecology) to determine if a construction stormwater permit is required. K. Changes in the Field. Revised plans may be required when changes are made to the approved grading plans. Land disturbing activities affected by such changes shall not continue until the revised plans are reviewed and approved by the develop- ment services senior engineer. (Ord. 09-033 § 6, 2009). 24.50.020 Grading permit – General exemptions. A grading permit, either engineered grading or regular grading, is not required for the following land disturbing activities: A. Excavations which meet all of the following: 1. Are less than three feet in height; and 2. Have slopes flatter than 2:1 (H:V); and 3. Do not exceed 50 cubic yards on any one lot; B. Fills which meet all of the following: 1. Are less than two feet in height; and 2. Have slopes flatter than 2:1 (H:V); and 3. Are not intended to support structures; and 4. Do not obstruct a drainage course; and 5. Do not exceed 50 cubic yards on any one lot; C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid build- ing permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than four feet after the completion of such structure; D. Cemetery graves; E. Refuse disposal sites controlled by other reg- ulations; F. Excavations to facilitate the septic tank elim- ination program; G. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law such operations do not affect the lateral support or increase the stresses in or pressure upon any adja- cent or contiguous property; H. Exploratory excavations under the direction of a geotechnical engineer or engineering geolo- gists. (Ord. 09-033 § 6, 2009). 24.50.030 Engineered grading permits. A. Applicability. An engineered grading permit is required for the following land disturbing activ- ities: 1. Grading in excess of 500 cubic yards; and 2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 6. Grading in the floodplain; and 7. Grading in critical areas identified in SVMC Title 21; and Spokane Valley Municipal Code 24.50.040 24-13 (Revised 8/13) 8. Grading in a drainage channel; and 9. Grading to support a building or structure of a permanent nature; and 10. Grading associated with subdivisions pursuant to SVMC Title 20; and 11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction; and 12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; and 13. Major use permits and/or any other proj- ect likely to cause major land disturbances as deter- mined by the City; and 14. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining walls, and paving; and 15. Projects deemed to be a potential hazard. B. Exemptions. An engineered grading permit is not required for the following land disturbing activities: 1. Grading work already included in a build- ing permit or land action application; 2. Grading work exempted per SVMC 24.50.020; and grading work not meeting the requirements of subsection A of this section. In this latter case, the grading would be considered regu- lar grading. C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; 2. Two sets of all required plans stamped by a civil engineer licensed in the state of Washing- ton; 3. Two sets of all required reports, specifica- tions, and supporting information prepared and stamped by a civil engineer or geologist licensed in the state of Washington; 4. Plans shall demonstrate compliance with the provisions of this title, SVMC 22.130.040, Street standards, and all relevant laws, ordinances, rules, and regulations; 5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applica- ble. The TESC plan may also be prepared by a cer- tified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion con- ditions. The applicant is responsible for confining all soil on the project site and implementing addi- tional measures as necessary to accommodate changing or unexpected site and weather condi- tions; 6. When required by SVMC 22.130.040, Street standards, Chapter 5, and/or the develop- ment services senior engineer, a geotechnical eval- uation demonstrating compliance with SVMC 22.130.040, Street standards, Chapter 5; 7. Drainage report demonstrating compli- ance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 3; 8. When required by the development ser- vices senior engineer, an engineering geology report including an adequate description of the geology of the site; and 9. SEPA checklist, if required. D. Engineered Grading Permit Final Accep- tance. The following items are required prior to final acceptance: 1. Inspection by a qualified professional hired by the applicant; and 2. As-graded grading plans; and 3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan. Certification requirements shall be in compliance with SVMC 22.130.040, Street stan- dards. (Ord. 13-004 § 4, 2013; Ord. 09-033 § 6, 2009). 24.50.040 Regular grading permit. A. Applicability. A grading permit is required for all grading operations unless exempted below. All grading shall comply with the Washington State Environmental Policy Act and SVMC 22.130.040, Street standards. An engineered grad- ing permit shall be required if the project meets the criteria specified in SVMC 24.50.030. B. Exemptions. A regular grading permit is not required for the following land disturbing activi- ties: 1. Grading work already included in a build- ing permit; 2. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit. C. Regular Grading Permit Submittal Require- ments. The minimum documents required for per- mit application are as follows: 1. Completed permit application; and 2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street stan- dards, and all other applicable laws, ordinances, 24.50.050 (Revised 8/13)24-14 rules and regulations. The name of the owner and the name of the person who prepared the plan shall be included in all submitted plans and documents; and 3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applica- ble. The TESC plan may also be prepared by a cer- tified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion con- ditions. The applicant is responsible for confining all soil on the project site and implementing addi- tional measures as necessary to accommodate changing or unexpected site and weather condi- tions. (Ord. 09-033 § 6, 2009). 24.50.050 Grubbing and clearing permit. A. Applicability. A grubbing and clearing per- mit is required for the following land disturbing activities: 1. All grubbing and clearing activities dis- turbing 5,000 square feet or more of area; and 2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; and 3. Any removal of trees and vegetation that does not trigger the grading permit requirements. B. Exemptions. The following land disturbing activities are not required to obtain a clearing and grubbing permit: 1. Commercial agriculture as regulated under RCW 84.34.020. Clearing associated with agricultural uses, excluding timber cutting not oth- erwise exempted; 2. Forest practices regulated under WAC Title 222, except for Class IV general forest prac- tices that are conversions from timberland to other uses; 3. Clearing and grubbing already included in a grading or building permit; 4. The removal of six trees or less per acre per parcel; 5. The removal of trees and ground cover by utility companies in emergency situations; or 6. Routine landscape maintenance and minor repair. C. Permit Submittal Requirements. The mini- mum documents required for permit application are as follows: 1. Completed permit application; and 2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street stan- dards, and all other applicable laws, ordinances, rules and regulations; and 3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applica- ble. The TESC plan may also be prepared by a cer- tified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion con- ditions. The applicant is responsible for confining all soil on the project site and implementing addi- tional measures as necessary to accommodate changing or unexpected site and weather condi- tions. (Ord. 09-033 § 6, 2009). 24.50.060 Severability. If any section, subsection, sentence, clause or phrase of this chapter is determined invalid for any reason in whole or in part by court, such decision shall not affect the validity of the remaining por- tions of this chapter. (Ord. 09-033 § 6, 2009). 25-1 (Revised 12/07) Title 25 (Reserved) Appendices-1 (Revised 8/11) Appendices Appendix A Definitions Appendix B Hearing Examiner Scheduling Rules and Rules of Conduct Appendix C City Council Appeal Hearing Procedures Appendix D Repealed Appendix A-1 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this code, certain words and terms are herein defined. The word “shall” is always mandatory. The word “may” is permissive, subject to the judgment of the person administering the code. 2. Words not defined herein shall be con- strued as defined in Webster’s New Collegiate Dic- tionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. B. Definitions. AASHTO: American Association of State Highway and Transportation Officials. Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner’s use of the property. “Abandoned” shall include but not be limited to circumstances involv- ing tax forfeiture, bankruptcy, or mortgage foreclo- sure. Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. ADA: Americans with Disabilities Act. Adequate public facilities: Facilities which have the capacity to serve development without decreasing levels of service below locally estab- lished minima. Administrative exception: A minor deviation from standards pursuant to Chapter 19.140 SVMC. Adult entertainment: Includes the following: • Adult arcade device: Sometimes also known as “panoram,” “preview,” or “picture arcade.” • Adult arcade establishment: A commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises’ activity. • Adult arcade or peep show: Any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertain- ment in a booth setting. All such devices are denominated under this chapter by the term “adult arcade device.” The term “adult arcade device” as used in this code does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. • Adult arcade station or booth: An enclosure where a patron, member, or customer would ordi- narily be positioned while using an adult arcade device or viewing a live adult entertainment perfor- mance, exhibition, or dance in a booth. “Adult arcade station” or “booth” refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment pro- vided by the arcade device or live adult entertain- ment, and not open to any person other than employees. • Adult entertainment establishment: Collec- tively refers to adult arcade establishments and live adult entertainment establishments licensed pursu- ant to Chapter 5.10 SVMC. • Applicant: An individual or entity seeking an adult entertainment establishment license. • Applicant control person: All partners, cor- porate officers and directors and other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment busi- ness, based on responsibility for management of the adult entertainment establishment. •Employee: Any person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establish- ment. • Entertainer: Any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. • Licensing administrator: The director of the community development department of the City of APPENDIX A (Revised 5/14)Appendix A-2 Spokane Valley and his/her designee and is the person designated to administer this code. •Liquor: All beverages defined in RCW 66.04.010(25). •Live adult entertainment: 1. An exhibition, performance or dance con- ducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include, but is not lim- ited to, performances commonly known as “strip teases”; 2. An exhibition, performance or dance con- ducted in a commercial premises where the exhibi- tion, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following “specified sexual activities”: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or 3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibi- tion or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. • Live adult entertainment establishment: A commercial premises to which a member of the public is invited or admitted and where an enter- tainer provides live adult entertainment, in a setting which does not include arcade booths or devices, to a member of the public on a regular basis or as a substantial part of the premises’ activity. •Manager: Any person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult entertain- ment establishment. • Member of the public: A customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertain- ment establishment. • Nude or seminude: A state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. • “Open to the public room so that the area inside is fully and completely visible to the man- ager”: Premises where there is no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is completely trans- parent and constructed of safety glass as specified in the International Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located at the main entrance way to the public room. • Operator: Any person operating, conducting or maintaining an adult entertainment establish- ment. • Person: Any individual, partnership, corpora- tion, trust, incorporated or unincorporated associa- tion, marital community, joint venture, governmental entity, or other entity or group of persons however organized. • Premises: The land, structures, places, equip- ment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. • Sexual conduct: Acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. A penetration of the vagina or anus, how- ever slight, by an object; or 3. A contact between persons involving the sex organs of one person and the mouth or anus of another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. • Specified sexual activities: Refers to the fol- lowing: 1. Human genitals in a state of sexual stimu- lation or arousal; 2. Acts of human masturbation, sexual inter- course, sodomy, oral copulation, or bestiality; or Appendix A-3 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. • Transfer of ownership or control: Of an adult entertainment establishment means any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; 3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or 4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Adult entertainment and retail: An adult entertainment or adult retail use establishment. See “Entertainment, use category.” Adult entertainment establishment: Collec- tively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substan- tial portion of stock in trade to the sale, exchange, rental, loan, trade, or transferring of adult-oriented merchandise. The retail use establishment may per- mit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on-prem- ises viewing shall not be in exchange for money or any other form of consideration. Affordable housing: Where the term “afford- able” is used, it refers to the federal definition of affordability stating that annual housing costs shall not exceed one-third of a family’s annual income. When establishing affordability standards for mod- erate- to extremely low-income families and indi- viduals, the median household income is the amount calculated and published by the United States Department of Housing and Urban Develop- ment each year for Spokane County. Agriculture and animals, use category: Activ- ities wherein animals or plants are raised, produced or kept. It also includes establishments that process animals and agricultural products to make food or goods. Examples include beekeeping, animal shel- ters, kennels, doggie day cares, riding stables, com- munity gardens, commercial greenhouses or nurseries, orchards, tree farms, feed lots, rendering yards, livestock auction yards, and slaughter- houses. Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or live- stock, or raising of livestock. Agricultural processing: The series of opera- tions taken to change agricultural products into food and consumer products. Uses include cream- eries. See “Industrial, light use category.” Aircraft manufacture: The manufacture or assembly of complete aircraft, aircraft prototypes, aircraft conversion, overhaul and rebuilding. See “Industrial, heavy use category.” Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. Airport hazard: Any structure or object of nat- ural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. Airport land use compatibility zone: Aircraft accident zones established by WSDOT, Division of Aviation, and adopted by ordinance wherein certain land uses are restricted in order to protect the airport from encroachment from incompatible land uses. Airport obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR Sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise haz- ardous to airport operations. Airstrip, private: An aircraft landing strip under private ownership which may provide spe- cialty flying services without regular routes using general purpose aircraft. See “Transportation, use category.” Alley: A public right-of-way which provides access only to the rear and/or side of properties abutting and having access to a public road. Altered/alteration: Any change, addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. Ambulance service: A facility used for the housing and dispatch of emergency medical per- sonnel and paramedics using ground transporta- tion. See “Medical, use category.” Amendment: A change in the wording, context, or substance of this code, or a change in the zone boundaries. Animal clinic/veterinary: A facility dedicated to the care of animals, which may include groom- APPENDIX A (Revised 5/14)Appendix A-4 ing services and short-term boarding. See “Office, use category.” Animal, large: Domesticated animals includ- ing, but not limited to, horses, donkeys, burros, lla- mas, bovines, goats, sheep, and other animals or livestock of similar size and type. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one year in age, bovines, under 10 months in age, and sheep and goats under three months in age shall not be included when computing intensity of large animals. Animal processing/handling: The manage- ment or processing of animals for food preparation or goods manufacturing. Includes stockyards, feed lots, auction yards for livestock, slaughterhouses, meat packing facilities and rendering plants. See “Agricultural and animals, use category.” Animal raising or keeping: The keeping of large and small domesticated animals other than household pets. See “Agricultural and animals, use category.” Animal shelter: A facility that houses and dis- poses of homeless, lost, or abandoned animals; mostly dogs and cats. See “Agricultural and ani- mals, use category.” Animal, small: Domesticated animals or fowl other than a household pet, or large animals includ- ing, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons, emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, and other animals or fowl of similar size and type. Young small animals or fowl under three months of age shall not be included when computing inten- sity of small animals or fowl. Young or miniature large animals are not included in this definition and are considered large animals. Animal, wildlife rehabilitation or scientific research facility: A building, structure, pen or portion(s) thereof or an area of land where animals are housed, kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of inves- tigation, aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Antique store: A retail establishment offering for sale glass, china, art objects, furniture or similar furnishings and decorations which have value and significance as a result of age and design. See “Retail sales, use category.” AO: Is characterized as sheet flow and AH indi- cates ponding and includes a base flood elevation. Apparel/tailor shop: A service providing for the alteration and repair of clothing. See “Personal services.” Appeal: A request for a review of the interpre- tation of any provision of this code or a request for a variance. Appliance manufacture: The manufacture, assembly and storage of household appliances. See “Industrial, light use category.” Appliance sales/service: The sale, servicing and repair of home appliances including radios, televisions, washers, refrigerators and ranges. See “Retail sales, use category.” Aquifer: The underground layer of rock and sand that contains usable quantities of water. Area of shallow flooding: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteris- tics: 1. The base flood depths range from one to three feet; 2. A clearly defined channel does not exist; 3. The path of flooding is unpredictable and indeterminate; and 4. Velocity flow may be evident. Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the let- ters A or V. Art gallery/studio: The work areas of graphic artists, painters, sculptors, weavers, quilters and other artists with display and sales areas. See “Cul- tural facilities.” Arterial/road map: The official maps adopted as part of the Comprehensive Plan. As-graded: The extent of surface conditions on completion of grading. Asphalt plant/manufacturing: The manufac- ture of carbon-based paving and saturated materi- als compounds. See “Industrial, heavy use category.” Assembly, heavy: The assemblage of materials and/or metals for commercial and industrial uses. For examples, see “Industrial, heavy use category.” Assembly, light: The assemblage of materials into products. For examples, see “Industrial, light use category.” Assisted living facility: A residential facility that provides routine protective oversight or assis- tance for independent living to mentally and phys- ically limited persons in a residential setting. Services include, but are not limited to, transporta- tion, food service, pharmacy and limited nursing services. An assisted living center may be included as a part of a nursing home or convalescent center complex. See “Group living, use category.” Appendix A-5 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A Attached: Structurally dependent, sharing a common or party wall for not less than 50 percent of the length of the principal structure(s). A breeze- way is not a common wall. Auction house: A building where sale items are stored or displayed where persons are permitted to attend sales and offer bids on such items. See “Warehouse, wholesale and freight movement, use category.” Auction yard: An open area where sale items are stored or displayed and where persons are per- mitted to attend sales and offer bids on such items. See “Warehouse, wholesale and freight movement, use category.” Auction yard, livestock: Facilities designed for the sale of livestock at auction, including barns, holding pens, and loading facilities. See “Animal processing/handling.” Automobile assembly plant: A manufacturing facility for new cars and trucks. See “Industrial, heavy use category.” Automobile impound yard: A secure area used for the temporary impoundment of motor vehicles by law enforcement. See “Vehicle services, use category.” Automobile/taxi rental: Facilities including parking, for vehicles available for rent or lease. Facilities for fueling, servicing and minor repair may be accessory to the rental use. See “Vehicle services, use category.” Automobile/truck sales and service: An area located on private property used for the display and sale of more than two new or used passenger auto- mobiles or light trucks, including sports utility vehicles, or any truck with a gross vehicle weight (GVW) of less than one ton, including service. See “Vehicle services, use category.” Automobile/truck/RV/motorcycle painting, repair, body and fender works: A facility provid- ing for the repair and painting of a wide variety of motor vehicles, not including engine overhaul. See “Vehicle services, use category.” Automotive parts, accessories and tires: A retail establishment engaged in the sale of new or refurbished automotive parts and accessories, including installation of tires, automotive accesso- ries and the minor repair of passenger cars and light trucks. See “Vehicle services, use category.” Available public facilities: Facilities or ser- vices are in place or a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of devel- opment. Awning: A roof-like cover that projects from the wall of a building for the purpose of identity, decoration or shielding a doorway or window from the elements. Bakery products manufacturing: A facility preparing baked goods for regional distribution with accessory retail sales. See “Industrial, light use category.” Bakery, retail: A retail business offering baked goods including pies, doughnuts, cakes and breads for sale to the public. See “Retail sales, use cate- gory.” Bankfull depth: The average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. Bankfull width: • For streams – the measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross- section. • For lakes, ponds, and impoundments – line of mean high water. • For periodically inundated areas of associated wetlands – the line of periodic inundation, which will be found by examining the edge of inundation to ascertain where the presence and action of waters are so common and usual, and so long con- tinued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. Banks, savings and loan and other financial institutions: Offices and service facilities for banks, savings and loans, credit unions or other financial institutions, including drive-through win- dows. See “Retail services, use category.” Barber/beauty shop: A facility offering hair- cuts, manicures and similar personal services. See “Retail services, use category.” Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Des- ignation on maps always includes the letters A or V. Basement: The portion of a building at least four feet below grade for more than 50 percent of the perimeter but not more than eight feet below grade at any point of the structure. APPENDIX A (Revised 5/14)Appendix A-6 Battery rebuilding/manufacture: A facility that specializes in retail, wholesale, OEM/manu- facturing, custom battery rebuilding, and battery assembly for consumer and industrial use. See “Industrial, heavy use category.” Bed and breakfast: A single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. See “Lodging, use category.” Bedrock: The more or less solid rock in place on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregu- lar surface. Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and regis- tered with the Washington State Department of Agriculture per Chapter 15.60 RCW or as hereafter amended. Beekeeping, commercial: An activity where more than 25 beehives are kept on a lot. See “Agri- cultural and animals, use category.” Beekeeping, hobby: The keeping of 25 or fewer beehives on a lot. See “Agricultural and ani- mals, use category.” Bench: As referred to in grading, a relatively level step excavated into earth material on which fill is to be placed. Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or artificial. Best management practices (BMP): Currently available, feasible and generally accepted tech- niques or practices that mitigate the adverse impact from the uncontrolled stormwater on the environ- ment, surrounding properties and infrastructure. Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons or person may ride. Bicycle lane: That portion of a paved roadway striped for use by bicycles. Bicycle path: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of- way or within an independent right-of-way. Bicycle route: A segment of a system of bike- ways designated with appropriate directional and informational markers with or without specific bicycle route number. Bicycle sales and service: A retail establish- ment offering for sale to the public nonmotorized vehicles, including bicycles, skateboards, roller blades, unicycles or similar equipment, and provid- ing repairs. See “General sales/service.” Bikeway: Any road, path, or way, which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclu- sive use of bicycles or are to be shared with other transportation modes. Binding site plan: A division of land approved administratively by the department of community development, which legally obligates a person making a proposal to conditions, standards or requirements specified by this code. Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof. Boat building: The construction, refurbishing and repair of recreational boats. See “Industrial, heavy use category.” Book/stationery store: A retail establishment offering books, magazines, greeting cards, and similar items to the public. See “Educational and hobby store.” Border easement: A dedicated easement on private property adjacent to public street right(s)- of-way established for the purposes of utility, drainage facilities, pedestrian access or other pub- lic purpose. Borrow: As referred to in grading, earth mate- rial acquired from either an on- or off-site location for use in grading on a site. Bottling plant: An industrial facility which pro- vides for the packaging and distribution of liquid products, including the mixing of liquid compo- nents. See “Industrial, light use category.” Boundary line adjustment: A land use action adjusting lot lines. Boundary line elimination: A land use action aggregating two or more lots or parcels of land. Bowling alley: Indoor entertainment facility that provides rental and sale of bowling equipment and restaurant services. See “Recreational facili- ties.” Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without caus- ing damage to the elevated portion of the building or supporting foundation system. Brewery, micro: An establishment brewing specialized beers for localized distribution, as well as local restaurant services. See “Tavern/night club.” Brewery, winery or distillery: A facility engaged in the production of beer, wine or spirits Appendix A-7 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A for regional distribution, including fermentation, distillation and bottling. See “Tavern/night club.” Broom manufacturing: The manufacture of brooms, brushes and mops. See “Industrial, light use category.” Building height: The vertical distance from the average finished grade to the average height of the highest roof surface. Building official: The authority charged with the administration and enforcement of the adopted building codes pursuant to SVMC 18.40.010. Building setback line: A line established as the minimum distance a structure may be located from any property line or border easement. Building supply and home improvement: An establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appli- ances at retail and wholesale. See “Retail sales, use category.” Bulkheads: Retaining wall structures erected to stabilize land at the water’s edge and prevent ero- sion. Revetments are the same as bulkheads. Caliper: The diameter of a deciduous tree mea- sured at four and one-half feet above grade. Camera sales and service: The retail sale of photographic equipment and supplies, and the repair of cameras, lenses, tripods, optical and related photographic accessories. See “Specialty stores.” Camping units: A structure, shelter or vehicle designed and intended for temporary occupancy by persons engaged in camping or use of a camping unit for recreation. Camping units include, but are not limited to, recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees, yurts and other similar shelters. Candy and confectionery: The preparation and specialty retail sale of candy and confectionery, not otherwise classified as a grocery store. See “Retail sales, use category.” Carnival or circus: Temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture. See “Enter- tainment, use category.” Carpenter shop: An establishment producing finished wooden products from raw materials. See “Industrial, light use category.” Carpet and rug cleaning plants: A plant engaged in the cleaning and repair of carpets and textiles utilizing solvents and volatile organic com- pounds. It does not include cleaning services pro- vided on client premises. See “Industrial service, use category.” Car wash: Facilities for the washing of passen- ger cars and light trucks as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses. See “Vehicle, use cate- gory.” Car wash, automated: A car wash using robotic tracks or systems to wash the exterior of passenger cars and light trucks. See “Vehicle, use category.” Casino: A gaming establishment licensed pur- suant to Chapter 9.46 RCW, including restaurant services. See “Entertainment, use category.” Catalogue and mail-order houses: Merchan- dise warehouse and distribution center, including showroom. See “Warehouse, wholesale and freight movement, use category.” Category: A land use classification established pursuant to the Spokane Valley Comprehensive Plan. Catering services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. See “Retail services, use category.” Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the bound- ary of such cemetery. See “Parks and open space, use category.” Ceramics shop: A retail store which provides the supplies and equipment for molding, firing, glazing and enameling ceramic goods. See “Spe- cialty stores.” Certificate of occupancy: An official certifi- cate issued by the building official that indicates conformance with building requirements and zon- ing regulations and authorizes legal use of the premises for which it is issued. Certificate of title: A letter, report, opinion, statement, policy, or certificate prepared and exe- cuted by a title describing all encumbrances of record which affect the property, together with all APPENDIX A (Revised 5/14)Appendix A-8 recorded deeds, including any part of the property included in the plat. Chemical manufacture: Establishments pri- marily engaged in manufacturing chemicals using basic processes, such as thermal cracking and dis- tillation. Chemicals manufactured in this industry group are usually separate chemical elements or separate chemically defined compounds, not including aluminum oxide manufacturing, primary metal manufacturing, ceramics, and beverage dis- tilleries which are defined separately. See “Indus- trial, heavy use category.” Church, temple, mosque, synagogue, house of worship: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanc- tuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assem- bly rooms, a common kitchen, a library room or reading room, columbaria, recreation hall and on- site living quarters for members of religious orders and caretakers. See “Community services, use cat- egory.” City: The City of Spokane Valley, Washington. City council: The governing body of the City. City property: Real property owned by the City which may include easements, dedications and rights-of-way. City standards: In reference to stormwater standards, the “Spokane Regional Stormwater Manual” and other standards developed or recog- nized by the director that relate to best manage- ment practices, threshold requirements for a site drainage plan, exemptions, permitting processes forms and such other matters for the administration of stormwater control. Clothes manufacture: The manufacture of apparel for wholesale distribution. See “Industrial, light use category.” Clothes, retail sales: A retail store offering clothing, footwear and accessories for sale to the general public. See “Retail sales, use category.” Club: An association of persons for some com- mon purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered housing: Residential lots or building sites which reduce minimum yard requirements within a tract but provide compensating open space. Code: Spokane Valley Municipal Code (SVMC). Cold storage/food locker: A commercial build- ing designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. See “Warehouse, wholesale and freight movement, use category.” Collocation: Locating wireless communication equipment from more than one provider on one structure on one site. Commercial zones: Those zones permitting commercial uses including the business zones, office zones, Corridor Mixed Use, Mixed Use Cen- ter, and City Center. Commission: The Spokane Valley planning commission. Communication equipment manufacture: The manufacture, assembly and storage of commu- nications equipment. See “Industrial, light use cat- egory.” Communication facilities, use category: Any towers, poles, antennas, structures, or broadcasting studios intended for use in connection with trans- mission or receipt of telecommunication signals. Communication service/sales: Establishments providing for the sale and service of communica- tions equipment including, but not limited to, tele- phones, satellite dishes, and radio equipment. See “General sales/service.” Community facilities: The facilities of local government, other public agencies or nonprofit organizations including, but not limited to, police stations, fire stations, government offices, court rooms, water/wastewater storage and treatment facilities, except transit stations, churches, and schools. See “Public/quasi-public, use category.” Community garden: Facility or area for culti- vation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. This does not include collective gardens pursuant to RCW 69.51A.005. See “Agricultural and animals, use category.” Community hall, club or lodge: A building and related grounds used for social, civic, or recre- ational purposes and owned and operated by a non- profit group serving the area in which it is located and open to the general public. See “Community service, use category.” Community residential facility: A dwelling licensed, certified or authorized by state authorities as a residence for children or adults in need of supervision, support or assistance. See “Group liv- ing, use category.” Community services, use category: Uses of a public, nonprofit, or charitable nature that provide a local service to the community. Examples Appendix A-9 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A include funeral service facilities, religious institu- tions, senior centers, community centers, youth club facilities, hospices, drug and alcohol centers, social service facilities, mass shelters or short-term housing when operated by a public or nonprofit agency, vocational training for the physically or mentally disabled, soup kitchens, and surplus food distribution centers. Compaction: The densification of a fill by mechanical means. Composting storage/processing, commercial: A facility storing or composting organic material for commercial purposes. See “Industrial, heavy use category.” Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pur- suant to Chapter 36.70 RCW. Computer manufacture and assembly: See “Electrical/electronic/computer component/sys- tem manufacturing and assembly.” Computer services: Facilities used for the design and testing of computer systems and com- ponent parts, including software design and com- puter support services. See “Office, professional.” Concurrency: Adequate public facilities required when the service demands of develop- ment occur. Conditional use: A use authorized subject to conditions and performance standards established by the hearing examiner. Contractor’s yard: An area and/or building used to store, maintain and repair equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials for an indi- vidual or for a contractor engaged in building or other construction businesses including, but not limited to, plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. See “Industrial services, use category.” Convalescent home/nursing home: A residen- tial facility licensed by the state or county to pro- vide long-term special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. See “Group living, use category.” Convenience store: A retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages, which may include fueling stations as an accessory use where permitted. See “Retail sales, use category.” Cosmetic manufacture/distribution: The manufacture, storage and distribution of cosmetics, perfumes, and toiletries. See “Industrial, light use category.” Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space. Crematory: A facility containing a furnace for cremating and providing cremation services. See “Community services, use category.” Critical areas: Any of the following areas and ecosystems: wetlands, areas with a critical recharge effect on aquifers used for potable water, fish and wildlife habitat conservation areas, fre- quently flooded areas, and geologically hazardous areas. Critical facility: A facility for which even a slight chance of flooding might be too great. Criti- cal facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emer- gency response installations, installations which produce, use or store hazardous materials or haz- ardous waste. Critical material: A substance present in suffi- cient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of soil, air and ground and surface water pursuant to Chapter 21.40 SVMC. Cultural facilities: Establishments that provide cultural opportunities to the public. Examples include performing art centers, exhibition halls, auditoriums, museums, art galleries and studios, dance, and music venues. See “Entertainment, use category.” Cumulative substantial damage: Flood- related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Day(s): A calendar day, unless otherwise speci- fied, computed by excluding the first day and including the last day pursuant to RCW 1.12.040. When an act to be done requires a City business day, and the last day by which the act may be done is not a City business day, then the last day to act is the following business day. APPENDIX A (Revised 5/14)Appendix A-10 Day care, adult: A licensed or accredited facil- ity that provides counseling, recreation, food, or any or all of these services to elderly or handi- capped persons for a period of less than 24 hours a day. See “Day care, use category.” Day care, child: A licensed or accredited facil- ity which regularly provides care for a group of children for periods of less than 24 hours and includes pre-kindergarten, nursery schools, Mon- tessori schools, mothers’ day out and after school programs. See “Day care, use category.” Day care, use category: A licensed or accred- ited place, program, or organization that regularly provides care for children or elderly or handi- capped adults for periods of less than 24 hours per day. Deciduous: Plant materials which shed leaves during the fall and winter season. Density, gross: The total number of residential dwelling units per gross acre. Density, net: The number of dwelling units per acre of land, including parcels for common open space and associated recreational facilities within the area, stormwater drainage facilities and tax exempt open spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities, dedicated public lands, and any other nonresidential use. Department, community development: The City of Spokane Valley department of community development. Department, public works: The City of Spo- kane Valley public works department. Department/variety store: A store offering a variety of goods to the public at retail including, but not limited to, furniture, clothing, housewares, linens, toys, electronics, small appliances, sporting goods, and footwear. See “Retail sales, use cate- gory.” Detention and post-detention facilities: See “Essential public facility.” Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director: Director of community development, unless otherwise stated specifically in the code. Director of community development: The individual or designee, appointed by the city man- ager, responsible for the interpretation and enforce- ment of all or part of the provisions of the Spokane Valley Uniform Development Code. District: The area to which certain zoning regu- lations apply. Dormitory: See “Dwelling, congregate.” Double plumbing: Plumbing installation required for properties for which conversion from on-site to public wastewater collection is neces- sary. Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, either for the deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood control. Driveway: Any area, improvement or facility between the roadway of a public or private street and private property, which provides ingress/egress for vehicles from the roadway to a lot(s) or parcel(s). Dry cleaners: A retail business providing dry cleaning and laundry services to the public. See “Personal services.” Dry cleaning, laundry, linen supply plant, commercial: An industrial facility providing laun- dry, dry cleaning, linen supply, and uniforms on a regional basis. See “Industrial service, use cate- gory.” Dry kiln: An industrial process for curing tim- ber. See “Industrial, heavy use category.” Dry line sewer: A sewer line, constructed at the time of property development, which is not put into service until the public sewer system is extended to the development. Dwelling: A building or portion thereof designed exclusively for residential purposes. Dwelling, accessory unit: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the main or pri- mary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, includ- ing permanent provisions for living, sleeping, cooking, and sanitation. See “Residential, use cat- egory.” Dwelling, caretaker’s residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. See “Residential, use category.” Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individu- als, with or without meals, including boarding or rooming houses, dormitories, fraternities and Appendix A-11 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A sororities, and convents and monasteries. See “Group living, use category.” Dwelling, duplex: An attached building designed exclusively for occupancy by two fami- lies, with separate entrances and individual facili- ties for cooking, sleeping, and sanitation, but sharing a common or party wall. See “Residential, use category.” Dwelling, multifamily: A building designed for occupancy by three or more families, with separate entrances and individual facilities for cooking, sleeping, and sanitation. See “Residential, use cat- egory.” Dwelling, single-family: A building, manufac- tured or modular home or portion thereof, designed exclusively for single-family residential purposes, with a separate entrance and facilities for cooking, sleeping, and sanitation. See “Residential, use cat- egory.” Dwelling, townhouse: A single-family dwell- ing unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides. See “Residential, use category.” Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate liv- ing quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. Earth material: Any rock, natural soil or fill or any combination thereof. Easement: A right to use the land of others. The right may be from the common law or may be acquired, usually by purchase or condemnation and occasionally by prescription or inverse condemna- tion. The right is not exclusive, but subject to rights of others in the same land, the lesser right being subservient to a prior right which is dominant. Ecological function, no net loss of: The aggre- gate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall loss of ecological function. Any shoreline degradation is concurrently offset by an enhancement of ecological function on the same site or on property within 1,000 feet of the site which equals or exceeds the scope and ecological value (or function) of the degraded resource. Ecological functions or shoreline functions: The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-200(2)(d). Ecologist, qualified: A person who has obtained an undergraduate and/or graduate degree in one of the environmental sciences such as but not limited to biology, zoology, botany, wildlife management or bioengineering from an accredited college or university and has a minimum of two years of field experience evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian vegetation species. Education, use category: Uses that provide state mandated basic education, higher learning education, vocational or trade education, or spe- cialized training. Preschools and pre-kindergarten facilities are included in the “Day care, use cate- gory.” Educational and hobby store: An establish- ment that sells educational and hobby oriented merchandise such as bookstores, stationery stores, games, arts and crafts stores. See “Retail sales, use category.” Electrical/electronic/computer compo- nent/system manufacturing and assembly: The manufacture, assembly of light fixtures, computers or computer components including, but not limited to, relays, chips, routers, semiconductors and opti- cal processing equipment. See “Industrial, light use category.” Elevated building: For insurance purposes, a non-basement building which has its lowest ele- vated floor raised above ground level by founda- tion walls, shear walls, posts, piers, pilings, or columns. Elevation certificate: The official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compli- ance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by com- munity officials. Engineering geology: The application of geo- logic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. Entertainment/recreation, commercial (indoor): A facility offering indoor entertainment such as a bowling alley, video arcade, dance hall, skating rink, billiard parlor, indoor archery, and gun range. See “Recreational facility.” Entertainment/recreation, commercial (out- door): A facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as an archery range, or miniature golf course. See “Recreational facility.” APPENDIX A (Revised 5/14)Appendix A-12 Entertainment, use category: Uses that are entertainment or recreation oriented. Equipment rental shop: A business establish- ment offering equipment for rental. See “Retail services, use category.” Equipment sales, repair and maintenance: A business establishment offering equipment for sale, including repair and maintenance. See “Retail sales, use category.” Erosion: The disturbance of land or transporta- tion of soil or other native materials by running water, wind, ice or other geological agents. Espresso establishment: An establishment with or without drive-through service offering cof- fee, tea and other nonalcoholic beverages for sale to the public, with only limited sale of food items incidental to the beverage service for take-out or consumption on the premises. See “Food and bev- erage service, use category.” Essential public facility: Facilities which are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, inpatient facilities including substance abuse, mental health, and secure com- munity transition facilities. See “Public/quasi-pub- lic, use category.” • Detention and post-detention facilities: Congregate residential facilities for the housing, training and supervision of individuals under judi- cial detention including, but not limited to, prisons, jails, probation centers, juvenile detention homes, halfway houses and related post-incarceration facilities. •Hospital, psychiatric and/or substance abuse: A licensed facility providing inpatient resi- dential rehabilitation and supervision and outpa- tient care for individuals suffering from substance abuse, psychological or emotional disease or defect. • Secure community transition facility (SCTF): A licensed secure and supervised residen- tial facility for convicted sex offenders. Excavation: The mechanical removal of earth material. Exercise facility: A facility providing physical fitness equipment and facilities, including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as counseling in exercise and nutrition. See “Entertainment, use category.” Existing manufactured home park or subdi- vision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision: The preparation of addi- tional sites by the construction of facilities for ser- vicing the lots on which the manufactured homes are to be affixed (including the installation of utili- ties, the construction of streets, and either final site grading or the pouring of concrete pads). Explosive manufacturing: The manufacture and storage of substances causing a sudden release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fireworks. See “Indus- trial, heavy use category.” Explosive storage: Storage of explosive materi- als including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fire- works. See “Industrial, heavy use category.” FAA: Federal Aviation Administration. Family: An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons, excluding depen- dents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit. Family home, adult: A licensed residential home in which a person or persons provide per- sonal care, special care, room, and board to adults who are not related by blood or marriage to the per- son or persons providing the services. See “Com- munity residential facility.” Family home, child: A licensed child care facility providing regular care for children in the family living quarters. See “Community residential facility.” Farm machinery sales and repair: A special- ized retail facility catering exclusively to the sale and repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. See “Vehicle services, use category.” FCC: Federal Communications Commission. Feed lot: A confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter, including barns, pens or other structures. See “Animal processing/handling.” Appendix A-13 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A Feed/cereal/flour mill: A structure or building used to store or grind grain for animal or human consumption. See “Industrial, light use category.” Fence: A wall or a barrier composed of stone, brick or posts connected by lumber, rails, panels, or wire for the purpose of enclosing space, marking boundaries, serving as an obstruction or barrier or separating parcels of land. Fertilizer manufacture: The manufacture and storage of organic and chemical fertilizer, includ- ing manure and sludge processing. See “Industrial, heavy use category.” Fill: A deposit of earth material placed by artifi- cial means. Film developing: The commercial processing of photographic film, including x-rays. Fire lane: An access designed to accommodate emergency access to a parcel of land or its improvements. Flood or flooding: A general and temporary condition of partial or complete inundation of nor- mally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map or FIRM: The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. Flood Insurance Study (FIS): The official report provided by the Federal Insurance Adminis- tration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Floodplain, 100-year: An area determined by the Federal Emergency Management Agency (FEMA) or by Spokane County to have a one per- cent chance of flooding in any given year. Flood storage area: Floodplain areas desig- nated on the FIRM where the storage and infiltra- tion of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway char- acteristics. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Florist shop: A retail sales of floral arrange- ments and accessories. See “Retail sales, use cate- gory.” Food and beverage service, use category: Establishments that prepare and serve food and drinks in exchange of money. Examples include restaurants, coffee shops, establishments that sell alcoholic drinks such as taverns, breweries, winer- ies, lounges, and nightclubs. Food product manufacturing/storage: The commercial production or preservation of food products from agricultural products, and/or the packaging, repackaging or other preparation of food for wholesale distribution including, but not limited to, starch manufacture, sugar refining, pickling, tobacco and vegetable oil manufacture. See also “Meat/fish cutting, canning, curing and smoking.” See “Industrial, heavy use category.” Food sales, specialty/butcher shop/meat mar- ket/specialty foods: The retail sales of specialty meat and fish products and specialty food, not oth- erwise classified as a grocery store. See “Retail sales, use category.” Forest land: Land identified as of long-term significance for growing trees for commercial pur- poses (WAC 365-190-030(7)). Fraternity/sorority: An organization formed chiefly for social purposes which may function as a place for living and eating, especially for college students. See also “Dwelling, congregate.” Freight forwarding: Land and facilities pro- viding for the transport, storage and shipment of goods. See “Warehouse, wholesale and freight movement, use category.” Frontage: The full length of a plot of land or a building measured alongside the road onto which the plot or building fronts. In the case of contigu- ous buildings, individual frontages are usually measured to the middle of any party wall. Interior lots which front on two streets are double frontage lots. Fueling station: An establishment engaged in the retail sale of gasoline and automotive fuels and lubricants. See “Vehicle services, use category.” Funeral home: A facility licensed by the state engaged in preparing human remains for burial or cremation. Services may include, but are not lim- ited to, embalming, transport, memorial services, and the sale of caskets. See “Community services, use category.” Furniture manufacture: The manufacture of furniture and cabinetry. See “Industrial, light use category.” Furniture sales/repair: Retail sales of house- hold furniture and repairs not including re-uphol- stery. See “Department/variety store.” APPENDIX A (Revised 5/14)Appendix A-14 Garage, public: A building or portion thereof, other than a private garage, used for the care, park- ing, repair, or storage of automobiles, boats, and/or recreational vehicles or where such vehicles are kept for remuneration or hire. General sales/service: Retail establishments that sell and service small electronics or consumer products such as bikes, computers, small electron- ics, communication equipment, jewelry, clocks, and musical instruments. Does not include appli- ance sales/service and equipment sales, repair, and maintenance. See “Retail sales, use category.” Gift shop: Retail sales of miscellaneous gift items, including novelty merchandise, souvenirs, statuary, ornaments and decorations. See “Retail sales, use category.” Golf course: Outdoor course of nine or more holes, including driving range, cart rentals, pro- shop and restaurant services. See “Parks/open space, use category.” Golf driving range: A tract of land for practic- ing long golf shots. See “Parks/open space, use cat- egory.” Grade: The vertical location of the ground sur- face. • Existing grade is the grade prior to grading. • Finish grade is the final grade of the site that conforms to the approved plan. • Rough grade is the state at which the grade approximately conforms to the approved plan. • The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five feet of a lot line, elevation at the lot line adja- cent to the center of the wall shall be considered the finished ground level. Grading: Any excavating or filling or combina- tion thereof. Grain elevator: A facility for the storage of grain. See also “Feed/cereal/flour mill.” See “Warehouse, wholesale and freight movement, use category.” Greenhouse/nursery, commercial: An estab- lishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural prod- ucts are grown both in the open and in an enclosed building for sale on a retail or wholesale basis. It does not include marijuana production. See “Agri- cultural and animals, use category.” Greenhouse, nursery, garden center, retail: An establishment where flowers, shrubbery, vege- tables, trees and other horticultural and floricul- tural products are grown both in the open and in an enclosed building for sale on a retail basis. It does not include marijuana production. See “Retail sales, use category.” Grocery store: A retail establishment offering a wide variety of comestibles, beverages and house- hold supplies for sale. See “Retail sales, use cate- gory.” Group living, use category: Living facilities for groups of unrelated individuals that include at least one person residing on the site who is respon- sible for supervising, managing, monitoring and/or providing care, training or treatment of residents characterized by shared facilities for eating, hygiene and/or recreation. Examples include dor- mitories, fraternities and sororities, assisted living facilities, nursing and convalescent homes, aggre- gate dwellings, and community residential facili- ties. Excludes detention and post-detention facilities. Gymnasium: A building containing space and equipment for various indoor sports activities (such as basketball or boxing) and usually includ- ing spectator accommodations, locker and shower rooms, offices, and swimming pools. See “Recre- ational facility.” Halfway house: See “Essential public facility” and “Public/quasi-public, use category.” Hardware store: An establishment engaged in the retail sale and/or rental of hardware and small tools. See “Retail sales, use category.” Hazardous waste: All dangerous or hazardous waste materials, including substances composed of, or contaminated by, radioactive and hazardous components as defined in RCW 70.105.010(11). Hazardous waste storage: The holding of haz- ardous waste for a temporary period, as regulated by Chapter 173-303 WAC. See “Industrial, heavy use category.” Hazardous waste treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for trans- port, amenable for energy or material resource recovery, amenable for storage, or reduced in vol- ume. See “Industrial, heavy use category.” Hearing examiner: The individual designated by the city council to conduct public hearings and render decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in Chapter 18.20 SVMC. Heavy truck and industrial vehicle sales, rental, repair and maintenance: Land and facili- ties offering the sale, service and maintenance of motor vehicles and cargo trailers with a manufac- Appendix A-15 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A turer’s gross vehicle weight in excess of one ton. See “Vehicle services, use category.” Helicopter: A rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors. Heliport: A landing facility for rotary wing air- craft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. See “Transportation, use category.” Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing or fueling, and not for regularly sched- uled stops. See “Transportation, use category.” High occupancy vehicle (HOV): A motorized vehicle carrying two or more passengers. Hobby shop: A retail establishment offering games, crafts and craft supplies, and art supplies to the public. See “Educational and hobby store.” Home furnishings, retail sales: A retail estab- lishment offering decorating services and materi- als. See “Department/variety store.” Home occupation: An occupation, profession or craft incidental to the residential use. Horse boarding: A barn, stable, or other struc- ture where owners or users of the property com- mercially bathe, train, house and/or feed more than three horses or other riding animals, any of which are not owned by the users or owners of the prop- erty for more than 24 consecutive hours. Hospital: An institution licensed by the state offering in- and outpatient medical services, but not including facilities treating exclusively psychi- atric, substance or alcohol abuse. See “Medical, use category.” Hospital, psychiatric and/or substance abuse: See “Essential public facility.” See “Pub- lic/quasi-public, use category.” Hospital, specialty: A facility providing spe- cialized in- and/or outpatient medical care, includ- ing hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiat- ric, substance or alcohol abuse. See “Medical, use category.” Hotel/motel: A building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. See “Lodging, use category.” Household pet: Any animal or bird, other than livestock, large or small animals and animals or birds considered to be predatory or wild, which normally lives in or is kept in a residence. Ice plant: A facility manufacturing and distrib- uting ice. See “Industrial, light use category.” Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under con- trolled, nuisance-free conditions, and at a relatively high temperature, for the purpose of reducing the combustible components to a nonputrescible resi- due capable of ready disposal. Industrial, heavy use category: Establish- ments that assemble, manufacture, package or pro- cess raw or semi-finished materials to produce goods. Heavy industry can require large amounts of raw materials, area, and power. Heavy industrial uses can have the potential to be dangerous or to have significant impacts to surrounding properties with noise, odor, nuisance or vibration. It includes uses that do heavy assembly, manufacturing, and processing; produce energy; and handle or store waste. All uses that are allowed in the industrial (light) use category are allowed in the industrial (heavy) use category. • Dangerous facilities examples include storage of explosives. • Heavy industrial assembly examples include assembly of motor vehicles and aircraft. • Heavy industrial manufacturing examples include the production of chemicals, stone, leather, explosives, non-metallic mineral, machinery, fer- tilizer, plastic, rubber, tires, soap, petroleum, coal, ink, food and roll forming and stamping metal. • Handling waste examples include hazardous solid or liquid waste treatment and storage facili- ties. • Heavy processing examples include rubber reclamation facilities, composting, processing and storage facilities (commercial), asphalt/concrete plants, dry kiln, rolling mills, lumber mills, paper mills, metal processing plants, dry kilns, rolling mills, wood preservation, woodworking, compost- ing yards, and mines. It also includes plastic injec- tion molding (thermoset), except that plastic injection molding (thermoplastic) is classified as light industrial use. Industrial, light use category: Establishments that assemble, manufacture, package or process semi-finished materials to produce goods. Light industry uses require small amounts of raw materi- als, area, and power. All processing, fabricating, assembly or disassembly of items takes place within an enclosed building. Many light industrial uses can utilize small spaces designed for general commercial use, often needing very little renova- tion or adaptation. Light industry uses tend to be consumer oriented as the products are for end users and typically not to be used in an intermediate step by another industry. Uses that have the potential to APPENDIX A (Revised 5/14)Appendix A-16 impact the environment or adjacent properties are classified in the heavy industrial use category. Pro- duction of goods that are to be sold primarily on site and to the general public are classified in the retail sales use category. • Light industrial assembly examples include establishments that assemble electronics, computer components and systems, communication equip- ment, precision tools, musical, medical and labora- tory instruments and apparatus, and power hand tools. • Light industrial manufacturing examples include clothes, shoes, furniture, signs, medical and household appliances. • Light industrial processing examples include ice plants, bottling plants, machine shops, meat and fish processing plants (such as canning, curing, and smoking), feed, cereal, and flour mills, bakery product manufacturing, agricultural processing plants, and marijuana processing facilities. Industrial service, use category: Establish- ments that service equipment or products for or to support industrial, commercial, or medical uses, such as: • Commercial carpet rug cleaning, dry clean- ing, laundry linen supply plants; • Contractors and building maintenance ser- vices that perform services off-site. Examples include janitorial and building maintenance ser- vices, heating and plumbing contractors, construc- tion companies, or electrical contractors; • Industrial and commercial printing facilities; • Research, development or scientific laborato- ries; • Recycling facilities; and • Laundry, dry-cleaning and carpet cleaning plants. Industrial zoning districts: Those zones per- mitting various industrial and manufacturing uses. See also “Zone, zoning district.” Infiltration: The infiltration of floodwater into the ground which may be taken into account in reducing flood discharges. Ink manufacture: A facility manufacturing printing ink and inking supplies. See “Industrial, heavy use category.” Jewelry, clock, musical instrument, assem- bly, sales/service: Retail sale, assembly, service and repair of clocks, musical instruments and jew- elry. See “General sales/service.” Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, are housed, groomed, bred, boarded, trained or sold commercially or as pets. See “Agricultural and animals, use category.” Key: A designated compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Laboratories, medical and diagnostic: A facility where samples are collected and/or tests are done to obtain information about the health of a patient to diagnose, treat, or prevent a disease. See “Medical, use category.” Laboratories, scientific (Bio Safety Level 2, OSHA Standards): A facility in which work is done with the broad spectrum of indigenous mod- erate-risk agents present in the community and associated with human disease of varying severity. See “Industrial service, use category.” Laboratories, scientific (Bio Safety Level 3, OSHA Standards): A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. See “Industrial service, use category.” Laboratories, scientific (Bio Safety Level 4, OSHA Standards): A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. See “Industrial service, use category.” Landfill: A licensed facility for the sanitary dis- posal of solid waste. Landfill, shoreline: The placement of soil, excavated material or spoil within the shoreline jurisdiction. Landscape materials sales lot: The retail sale of organic and inorganic materials including, but not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery-wholesale shall not be considered land- scape materials. See “Retail sales, use category.” Laundromat: A self-service facility providing machines for the washing and drying of clothes and personal items. See “Personal services.” Library: An establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public whether conducted by a public or private agency or whether the service is with or without direct cost to the user. See “Community facilities.” Liquor store: A retail establishment that sells prepackaged alcoholic beverages intended to be consumed off premises. See “Specialty stores.” Appendix A-17 (Revised 2/15) Spokane Valley Municipal Code APPENDIX A Livestock: Animals including, but not limited to, horses, cattle, llamas, sheep, goats, swine, rein- deer, donkeys and mules. Loading zone: An off-street space or desig- nated area or loading dock located on the same lot or site as the buildings or use served, which pro- vides for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials, or passengers. Locksmith: The sale, service and repair of locks and other security devices. See “Personal ser- vices.” Lodging, use category: Establishments that provide a person, typically a traveler, a place to stay for a short period of time. Examples include bed and breakfasts, hotels, and motels. Transitional housing and mass shelters are included in the “Community services, use category.” Lot: An undivided tract or parcel of land having frontage on a public street and designated as a dis- tinct tract. • Lot aggregation: The consolidation of one or more lots into a single parcel through the elimina- tion of lot lines. • Lot area: The area of a horizontal plane inter- cepted by the vertical projections of the front, side, and rear lot lines of a building lot. • Lot, corner: A building lot situated at the intersection of two public streets. • Lot coverage: The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. • Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary. • Lot, double frontage: An interior lot with frontage on more than one street. • Lot, flag: A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. • Lot, interior: A lot within a subdivision that is not located at the intersection of any adjacent public or private street. • Lot line: A boundary of a building lot. • Lot line, front: The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. • Lot line, rear: A boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. • Lot line, side: A boundary of a lot which is not a front lot line or a rear lot line. • Lot of record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute, with the auditor for Spokane County. •Lot, radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running roughly perpendicular to the street right-of-way. • Lot, reverse flag: A lot of irregular shape with reduced access to a rear alley, amenity or nat- ural feature. • Lot segregation: The re-establishment of lot lines within parcels aggregated for tax purposes. • Lot width: The width of a lot at the front building line. Measurements on irregularly shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for park- ing of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclo- sure is equipped with adequate flood-ventilation openings specified in SVMC 21.30.090(C)(1)(b). Lumber mill, sawmill, shingle mill, plywood mill: The manufacture of wood products, includ- ing cutting, planing, preservation and veneering, match manufacture and millwork. See “Industrial, heavy use category.” Machine/machinery manufacturing: The fab- rication of machines and machinery. See “Indus- trial, heavy use category.” Machine shop: See “Metal fabrication.” See “Industrial, light use category.” Major event entertainment: Uses that draw large numbers of people to special events or shows on a periodic basis. Activities are generally of a spectator nature. Examples include stadiums, sports arenas, coliseums, and fairgrounds. See “Entertainment, use category.” Manufactured home fabrication: The con- struction and assembly of manufactured housing units. See “Industrial, heavy use category.” Manufactured home sales: A sales lot for man- ufactured housing units with display models. See “Retail sales, use category.” APPENDIX A (Revised 2/15)Appendix A-18 Manufactured home subdivision: A subdivi- sion designed exclusively for manufactured hous- ing. Manufactured (mobile) home: A pre-assem- bled dwelling unit transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities certified by the Washington State Department of Labor and Industries. The term “manufactured home” does not include a “recreational vehicle.” Manufactured (mobile) home park: A site having as its principal use the rental of space for occupancy by two or more manufactured (mobile) homes, and the accessory buildings, structures, and uses customarily incidental to such homes. See “Residential, use category.” Manufacturing: The production or fabrication of goods using labor, tools, or machinery. For examples see the “Industrial, heavy use category” and “Industrial, light use category.” Manufacturing, nonmetallic metal products: The manufacture of clay, earthenware, brick, vitre- ous, cement and concrete, including readi-mix, concrete block, lime, gypsum, stone and stone product. See “Industrial, heavy use category.” Manufacturing, petroleum and coal prod- ucts: The manufacture of asphalt paving, roofing and coating and petroleum refining. See “Indus- trial, heavy use category.” Marijuana processing: Processing marijuana into usable marijuana, marijuana-infused products, and marijuana concentrates, packaging and label- ing usable marijuana, marijuana-infused products, and marijuana concentrates for sale in retail out- lets, and sale of usable marijuana, marijuana- infused products, and marijuana concentrates at wholesale by a marijuana processor licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See “Industrial, light use category.” Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See “Agricultural and animals, use category.” Marijuana sales: Selling usable marijuana, marijuana-infused products, and marijuana con- centrates in a retail outlet by a marijuana retailer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See “Retail sales, use category.” Market, outdoor: A temporary or seasonal location where produce and agricultural products including, but not limited to, pumpkins, Christmas trees and firewood, as well as crafts and other items, are offered for sale to the public. See “Retail sales, use category.” Massage therapy: An establishment providing the therapeutic massage services of a licensed mas- sage therapist. See “Personal services.” Meat/fish cutting, canning, curing and smok- ing: The processing and packaging of meat and fish for wholesale distribution; does not include the slaughter of animals. See “Industrial, light use cat- egory.” Meat packing: The slaughter of live animals and the inspection and processing of animal car- casses. See “Animal processing/handling.” Medical and laboratory instrument/appara- tus manufacture: The manufacture of medical and dental equipment, supplies, and instruments. See “Industrial, light use category.” Medical/dental clinic: A facility where medical or dental professionals or paraprofessionals, including physicians, dentists, endodontists, chiro- practors, physical therapists, dental hygienists, physician assistants, or osteopaths provide outpa- tient services on a regular basis. See “Medical, use category.” Medical, dental and hospital equipment sup- plies and sales: The sale of medical/dental equip- ment and supplies including, but not limited to, uniforms, prosthetics, pharmacy, optics, and cor- rective appliances. See “Medical, use category.” Medical, use category: Includes uses that per- tain to the science or practice of medicine, such as hospitals and medical and dental clinics. It also includes incidental uses such as ambulance ser- vices, medical and diagnostic laboratories, and medical supplies. See “Retail sales, use category” for pharmacies. Metal fabrication: The fabrication of metal products including chain and cable manufacture, sheet metal fabrication, machining, welding and punching. See “Industrial, light use category.” Metal plating: The electroplating, galvanizing and dip plating of various kinds of metal. See “Industrial, heavy use category.” Metal processes, hot: Metal processes includ- ing blast furnace, coke oven, die casting, drop ham- mer or forge, metal reduction, reclamation, and refining. See “Industrial, heavy use category.” Spokane Valley Municipal Code APPENDIX A Appendix A-18.1 (Revised 2/15) Mineral product manufacturing, nonmetal- lic: The manufacture of brick, cement, gypsum, lime, plaster of paris, tile, stoneware, earthenware (Revised 2/15)Appendix A-18.2 This page intentionally left blank. Appendix A-19 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A and terra cotta. See “Industrial, heavy use cate- gory.” Mineral resource lands: Lands primarily devoted to the extraction of minerals with potential for long-term commercial significance (WAC 365- 190-030(13)). Mining: Mineral extraction, not including oil and gas. See “Industrial, heavy use category.” Mobile food vendors: Itinerant vendors of pre- pared foods and beverages. See “Food and bever- age service, use category.” Model home: The temporary use of one or more single-family residential units for the marketing and promotion of residential subdivisions. Multiple building complex: A group of struc- tures, or a single structure, with dividing walls and separate entrances for each business, housing retail businesses, offices, commercial ventures or inde- pendent or separate parts of a business which share the same lot, access and/or parking facilities. Museum: A premises housing the display of antiquities or artifacts of historical or artistic sig- nificance. See “Cultural facilities.” Music store: The specialty retail sale of recorded music, musical instruments, sheet music and similar items. See “Specialty stores.” MUTCD: The U.S. Department of Transporta- tion Manual on Uniform Traffic Control Devices. NAICS: North American Industry Classifica- tion System. Neighborhood: A geographic area or subarea bounded by distinct physical boundaries, such as major or minor arterials, geologic formations, broad open spaces and similar features, centered around common interests or facilities. New construction: Structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this appendix. New manufactured home park or subdivi- sion: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Nonconforming: A lot, use, building, or struc- ture, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to SVMC 19.20.060. Nonconforming use, shoreline: A use located within the shoreline jurisdiction which does not conform to the requirements of the Shoreline Man- agement Act (Chapter 90.58 RCW). Nursing home: See “Convalescent home/nurs- ing home.” See “Group living, use category.” Occupancy: The type of construction required based on the use of the structure as established by adopted building codes. Office, professional: A business office main- tained as a principal use including, but not limited to, insurance, sales that do not include a tangible commodity, consulting services (accounting, legal, financial, engineering, architectural, real estate), studios, data entry, computer related, or other pro- fessional office. Contractors and others who per- form services off site are included if the equipment, materials, and vehicles used in conjunction with the business are not stored on the site and fabrica- tion, services or similar work is not carried on at the site. Professional office does not include ani- mal, medical or dental clinics. See “Office, use cat- egory.” Office supply and computer sales: The retail sale of office supplies and office equipment, including computers, copiers and communication equipment. See “Retail sales, use category.” Office, use category: Uses conducted in an office setting and that generally provide business, government, professional, veterinary, or financial services. Off-road recreational vehicle use: The opera- tion of any gas-powered motorized vehicle includ- ing, but not limited to, motorcycles and/or all- terrain vehicles, on private property for recre- ational purposes. This definition does not include vehicles used for yard or garden work in residential areas. See “Entertainment, use category.” Off-street parking: The amount of vehicular parking to be provided on private property for a specified use. Open space: An area accessible to and perma- nently reserved for the common use and enjoyment of the occupants of residential uses for landscap- ing, leisure and recreational purposes. Open space does not include area devoted to parking, accessory uses, landscaping required pursuant to this code, drainage easements, border easements or building separation required under adopted building codes. Opponent of record: A person who has pro- vided verbal or written testimony in opposition to a proposal/project before or during the public testi- mony portion of a hearing, or filled out and submit- APPENDIX A (Revised 5/14)Appendix A-20 ted a party of record notice indicating opposition prior to the close of the public hearing. Orchard, tree farming, commercial: A plant- ing of trees producing fruit and/or nuts and the cul- tivation of trees for the purpose of sale. See “Agricultural and animals, use category.” Ordinary high-water mark (OHWM): A mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. In any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining freshwater shall be the line of mean high water. Overlay zone: A zoning designation that sup- plements the provisions of the underlying zone within a specified geographic area. Owner(s): Any person, partnership, corpora- tion, association, unincorporated organization, trust or any other legal commercial entity having sufficient proprietary interest to authorize develop- ment of land. Owner’s agent: Any person authorized to act on behalf of the owner of real property. Paper product manufacturing: The manufac- ture of paper products. See “Industrial, heavy use category.” Paper/pulp mills: Manufacturing plants pro- ducing paper and paper pulp from timber. See “Industrial, heavy use category.” Park-and-ride facility: A parking area or struc- ture used for the temporary storage of motor vehi- cles for individuals using public transit or car/van pools. See “Transit center.” Park: A site designated or developed for recre- ational use by the public including, but not limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities such as athletic fields, community gardens, play- grounds, fishing areas, and areas and trails for hik- ers, equestrians, bicyclists, or off-road recreational vehicle users. Accessory uses include concessions, maintenance facilities, caretakers’ dwellings, and parking facilities. See “Parks and open space, use category.” Parks and open space, use category: Land uses that focus on natural areas, large areas consist- ing mostly of vegetative landscaping or outdoor recreation. Uses tend to have few structures. Exam- ples include trails, botanical gardens, nature pre- serves, golf courses, cemeteries, plazas, and parks. Parking area, satellite: A parking area more than 300 feet away from the establishment, build- ing, structure, or use which it is designed to serve. Parking facility: A parking area, building, or structure used for the specific purpose of parking or storage of motor vehicles. Parking facility, controlled access: A parking garage or surface lot controlling patron access using attendants or ticket dispensers. See “Trans- portation, use category.” Party of record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. Paved surface: A paved surface shall consist of asphalt, Portland cement, concrete or equivalent material laid to City specifications. Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items. See “Retail sales, use category.” Performance surety: A financial guarantee that infrastructure required for a project will be con- structed and certified according to the accepted plans and specifications and all applicable stan- dards. Permitted use: An allowable activity or use within a zoning district. Person: A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumen- tality thereof. Person or party having standing: Any party of record. Personal services: Services including, but not limited to, nail salons, tanning salons, day spas, locksmith services, apparel and tailor shops, mas- sage parlors, tattoo parlors, permanent makeup salons, massage therapy, dry cleaning, laundromat, and photographic studios. See “Retail services, use category.” Pet shop: The specialty retail sale of household pets and pet supplies and equipment. See “Spe- cialty stores.” Petroleum and coal products manufacture: The manufacture of petroleum and coal products including lubricating oil and oil compounding. See “Industrial, heavy use category.” Photographic studio: A retail establishment that provides portrait and other photographic ser- vices. See “Personal services.” Pipeline: Gravity or pressurized pipelines for the long-distance transmission of water, petroleum Spokane Valley Municipal Code APPENDIX A Appendix A-21 (Revised 2/15) products, natural gas, and other commodities such as ores in the form of slurries. Planned residential development (PRD): A residential development project meeting the requirements of Chapter 19.50 SVMC character- ized by flexibility in the regulations of a residential zoning district. Planning agency: The Spokane Valley commu- nity development department, together with its planning commission. Planning commission: See “Commission.” Plastic and rubber product manufacture: A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. See “Industrial, heavy use category.” Plastic molding (thermoplastic): A process of converting pelletized plastic into molds using heat, without the use of solvents or volatile organic com- pounds (VOC). Thermoplastic resins can be melted, formed and resolidified. Thermoplastic processes include injection molding, blow mold- ing, injection blow molding, rotational molding, roto-molding, and extrusion molding. Does not include solvent molding. See “Industrial, light use category.” Plastic molding (thermoset): An injection molding process which uses heat, industrial pro- cesses and solvents to create plastic forms which cannot be reformed. Thermoset processes include bag molding, cold molding, jet molding, pulp mold- ing, transfer molding and compression molding. See “Industrial, heavy use category.” Plastic solvent molding: Also known as dip molding, forms thermoplastic articles by dipping a male mold and drawing off the solvent to leave a plastic film adhering to the mold. See “Industrial, heavy use category.” Pollution generating impervious surface (PGIS): Surfaces that are subject to vehicular use, industrial activities, or storage of erodible or leach- able materials that receive direct rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated with an inert, nonleachable material. Roofs that are subject to venting of commercial or indus- trial pollutants are also considered PGIS. A sur- face, whether paved or not, shall be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, graveled and/or paved road shoulders, bike lanes within the traveled lane of a roadway, drive- ways, parking lots, unfenced fire lanes, vehicular storage yards, and airport runways. Post office, postal center: A facility owned or operated under contract with the U.S. Postal Ser- vice for the delivery of mail and packages. See “Retail services, use category.” Power plant: A heavy industrial facility that generates electric power. It excludes public utility facilities. See “Industrial, heavy use category.” Precision instrument runway: An existing or planned runway with instrument approach utilizing an instrument landing system (ILS), or precision approach radar (PAR) as prescribed by the Federal Aviation Administration. Principal dwelling unit: The principal struc- ture on a lot that is the main residence to which the property is devoted. Principal structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Principal use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Print shop: Retail print services, including blueprinting, copier and other business support ser- vices. See “Retail services, use category.” Printing, reprographics and bookbinding: Commercial printing including engraving, mani- fold form printing and book binding. See “Retail services, use category.” Processing: To convert raw or semi-raw mate- rials into a marketable form through a series of mechanical or chemical operations. For examples see “Industrial, heavy use category” and “Indus- trial, light use category.” Professional civil engineering geologist: A geologist experienced and knowledgeable in engi- neering geology and licensed by the state of Wash- ington to practice. Professional engineer: A civil engineer licensed in Washington under Chapter 18.43 RCW who is qualified by examination and/or experience to practice in the fields of civil, geotechnical and/or soils engineering. Professional inspection: The observation and testing to determine conformance with project plans and specifications required by this code per- formed by a professional civil engineer and/or pro- fessional civil engineering geologist. Such inspection includes that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. Prohibited use: A use not specifically enumer- ated as a permitted use, accessory use, a condi- tional use, a temporary use, or a legal nonconforming use. APPENDIX A (Revised 2/15)Appendix A-22 Project permit: Any land use or environmental permit or license required for development or con- struction including, but not limited to, building per- mits, short plats, subdivisions, binding site plans, planned unit developments, conditional uses, vari- ances, shoreline permits, site plan review, permits or approvals required by Chapter 21.40 SVMC, Critical Areas, site-specific zone reclassifications, manufactured home parks, and change of condition request. Proper functioning condition (PFC): A meth- odology for assessing the physical functioning of riparian and wetland areas, which describes both the assessment process and a defined on-the- ground condition of a riparian or wetland area. Public/quasi-public, use category: Uses related to, paid for by, or working for a government or which are essentially public (as in services ren- dered) although may be under private ownership or control. Examples include community facilities, essential public facilities, and public utility facili- ties. Public utility: A regulated public or private enterprise with an exclusive franchise for provid- ing a public service paid for directly by the recipi- ent of that service. Public utility local distribution facility: Any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric, gas, cable television, water and sewer, and all other facilities, equipment and structures necessary for conducting a local distribution service by a govern- ment or public utility. See “Public/quasi-public, use category.” Public utility transmission facility: Any build- ing, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than 55 KV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching sta- tions, and reservoirs. See “Public/quasi-public, use category.” Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motor- ized vehicles including, but not limited to, automo- biles, go-carts, all-terrain vehicles, mopeds, scooters, snowmobiles, motorcycles, remote-con- trolled cars and airplanes. See “Entertainment, use category.” Racetrack: A state-licensed facility permitting competitive racing of vehicles, horses and dogs. See “Entertainment, use category.” Radio/TV broadcasting studio: Facilities serving the broadcast media. See “Communication facilities, use category.” Railroad yard, repair shop and roundhouse: Facilities serving railroad operations. See “Trans- portation, use category.” Record: The official file, exhibits, maps and slides including the tape recorded proceedings or transcription thereof. Record of survey: A survey prepared and sealed by a registered Washington surveyor identi- fying the boundaries of land and real property, and the location or placement of other improvements. Recreational facility: An indoor or outdoor facility used on a continuous basis for sports, games of skills and leisure-time activities. Exam- ples include gymnasiums, amusement arcades, ten- nis and racquetball courts, bowling alleys, video arcades, dance halls, skating rinks, billiard parlors, archery, miniature golf course, indoor gun ranges, and indoor swimming pools. This definition excludes indoor theaters, golf driving ranges, gym- nastic facilities, indoor sports arenas, auditoriums, and exhibition halls. See “Entertainment, use cate- gory.” Recreational vehicle (RV): A vehicular type built on a single chassis designed as temporary liv- ing quarters for recreational, camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck campers, camp- ing trailers and self-propelled motor homes. Recreational vehicle park/campground: An area where facilities are provided for recreational or camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than 30 days. The park may include certain recreational or service facilities for the use of the residents of the park. See “Lodging, use category.” Recreational vehicle sales and service: An area for the display, sales and service of recre- ational vehicles. See “Vehicle services, use cate- gory.” Recycling facility: A facility that accepts recy- clable materials and may perform some processing activities. The principal function is to separate and store materials that are ready for shipment to end- use markets, such as paper mills, aluminum smelt- ers or plastic manufacturing plants. Processing activities may include baling, compacting, flatten- ing, grinding, crushing, mechanical sorting, or cleaning. See “Industrial service, use category.” Appendix A-23 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A Rendering plant: A facility that converts waste animal tissue into stable, value-added materials. Rendering can refer to any processing of animal products into more useful materials, or more nar- rowly to the rendering of whole animal fatty tissue into purified fats like lard or tallow. See “Animal processing/handling.” Repeater facility: A facility for the noncom- mercial reception and retransmission of radio sig- nals. See “Communication facilities, use category.” Residential, use category: Uses for residential purpose. Restaurant, drive-in: An establishment designed and constructed to serve food and bever- ages for consumption on the premises, in an auto- mobile or for carry-out for off-premises consumption and which establishment may or may not have on-premises dining room or counter. See “Food and beverage service, use category.” Restaurant, drive-through: An establishment serving food to the general public with designated dining areas and allowing carry-out window(s) serving automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. See “Food and beverage service, use category.” Restaurant, full service: An establishment serving food and beverages to the general public in specific designated dining areas. See “Food and beverage service, use category.” Retail sales, use category: An establishment engaged in selling goods or merchandise to the general public for personal or household consump- tion and rendering services incidental to the sale of such goods. Retail services, use category: An establish- ment that provides miscellaneous services to the general public and that may provide items for sale that are incidental to the service such as mailing centers, personal services facilities, lodging, cater- ing services, equipment rental, print shops, bar- ber/beauty shops, taxidermy services, and upholstery shops. Retaining wall: Any wall not an integral part of a building, used to resist the lateral displacement of earth material. Riding stable: A commercial enterprise renting horses and providing equestrian instruction. See “Agricultural and animals, use category.” Right-of-way: The land area provided by dedi- cation for public use for streets, utilities, walks, and other uses, also providing access to adjoining prop- erties. Riparian management zone (RMZ): A fish and wildlife conservation buffer established pursu- ant to Chapter 21.40 SVMC. Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicu- lar travel including shoulders, auxiliary lanes, curbs, sidewalks, etc. Rolling mill: Primary metal manufacturing including the rolling and drawing of purchased metals. See “Industrial, heavy use category.” Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. Runway: Any existing or planned paved sur- face or turf-covered area of an airport which is spe- cifically designed and used, or planned to be used, for the landing and/or taking off of aircraft. Schools (K through 12): Public and private institutions of learning offering instruction from kindergarten to grade 12 required by the Education Code of the state of Washington. See “Education, use category.” Schools, college or university: A public or pri- vate institution of higher learning, which offers courses of general or specialized study leading to a degree. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Examples include universities, liberal art colleges, community colleges, nursing and medical schools not accessory to a hospital. See “Educa- tion, use category.” Schools, professional, vocational and trade schools: Post-secondary schools at which students are trained in a trade or skill to be pursued as a career. These schools focus on job skill training rather than academics in the liberal arts. Training periods are typically shorter than in a traditional college or university. Examples include institu- tions providing training to drafters, carpenters, electricians, HVAC technicians, aviation mechan- ics, plumbers, pipefitters, and welders. See “Edu- cation, use category.” Schools, specialized training/studios: A facil- ity providing specialized classes to persons of all ages including, but not limited to, gymnastics, fit- ness, martial arts and dance. See “Education, use category.” Secondhand store/consignment sales: The sale and resale of used merchandise including thrift shops and consignment shops. See “Retail sales, use category.” Secure residential treatment facility: See “Essential public facility.” APPENDIX A (Revised 5/14)Appendix A-24 SEPA: The Washington State Environmental Policy Act of 1971, and administrative codes developed pursuant thereto or any amendments thereto. Shared access: A common point of vehicle and pedestrian access from a right-of-way, or a vehicu- lar access easement or tract for more than one lot or use. Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous flood- plain areas landward 200 feet from such flood- ways; and all wetlands and river deltas associated with the streams and lakes (RCW 98.58.030(2)(d)). Shoreline environment: The classification of shorelines based on the existing use pattern, the biological and physical character of the shoreline, consistent with WAC 173-26-211(4) and (5). Shoreline master program: Locally adopted plans and regulations governing uses and activities within the shorelines of the state and shorelines of statewide significance identified in the Spokane Valley Comprehensive Plan. Shoreline of statewide significance: A natural river or segment thereof east of the crest of the Cas- cade range downstream of a point where the mean annual flow is measured at 200 cubic feet per sec- ond or more and lakes or impoundments of 1,000 or more acres (RCW 98.58.030(2)(f)). Shoreline of the state: All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (RCW 98.58.030(2)(e).) Shorelines of statewide significance are shorelines of the state. Shoreline protection: Structural and nonstruc- tural methods to control flooding or address ero- sion impacts to property and dwellings or other structures caused by natural processes, such as cur- rent, flood, wind, or wave action. Shoreline restoration: The revegetation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. Shoreline substantial development: Any development of which the total cost or fair market value exceeds the dollar amount set forth in Chap- ter 90.58 RCW and Chapter 173-26 WAC for any improvement of property in the shoreline of the state. Showroom: Space for buyers to view merchan- dise for sale in their retail stores or to showcase high value specialty items such as cabinetry, pia- nos and luxury vehicles. See “Retail sales, use cat- egory.” Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of prod- ucts, goods, services, events or to identify a build- ing using graphics, letters, figures, symbols, trademarks or written copies. Sign types include: • Abandoned structure: A sign support struc- ture upon which a sign is located when the adver- tised business is no longer conducted on the premises. • Banner: A temporary sign of lightweight material mounted to a pole or building. •Mural: A work of art applied directly to an exterior surface where forms and/or figures are the dominant elements and not containing any copy. • Name plate: A sign showing only the name and address of the owner or occupant of the prem- ises. • Reader board: A sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. •Sign: Any board, poster, placard, banner, flag, pennant, streamer, or similar structure, electronic or otherwise which is constructed, placed, attached, painted or fastened in any manner for the purpose of attracting attention of the public to any place, person, entity, or business. • Sign, abandoned: A copy sign that advertises a product or service no longer available or a busi- ness no longer in operation; a sign which is illegi- ble, in disrepair, or a safety hazard as a result of lack of maintenance; or a nonconforming sign that has lost its nonconforming rights. •Sign area: The gross surface area of the sign. • Sign, billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the structure is located. • Sign, copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combina- tion thereof designed to communicate information of any kind, or to advertise, announce or identify a Appendix A-25 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A person, entity, business, business product, or to advertise the sale, rental or lease of premises. • Sign, copy area: The area of the sign contain- ing any copy, symbol, sign, logo or graphic. • Sign, decorative emblem (or standard): A one- or two-sided sign with or without copy that is securely attached by grommets to the top and bot- tom of a mounting bracket attached to a perma- nently installed lighting fixture. • Sign, directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Sign, electronic: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. • Sign, flashing: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling, or oscillating pattern. • Sign, freestanding: A permanent sign not attached to or forming part of a building. •Sign, freeway: A permanent freestanding on- premises sign or billboard located on a parcel adja- cent and contiguous to Interstate Highway 90. • Sign, inflatable: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Sign, menu board: An on-site display of menu items at a restaurant; not meant to be viewed from the street. • Sign, monument: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous, non-hollow, unbroken mass. • Sign, multi-business complex: A sign with a primary facility name and a list of the individual stores or businesses mounted on one structural ele- ment. Such a sign type includes signage describing a mall arrangement, a strip-center development, an industrial park complex, or a multi-business struc- ture or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Sign, nonconforming: Any sign which was lawfully erected and maintained on private prop- erty which now, as a result of code amendments, does not conform to all applicable regulations and restrictions of this code. • Sign, notice: A sign intended to safeguard the premises (e.g., “No Parking,” “No Trespassing,” “Watch Dog on Duty”); or which identifies emer- gency telephone number, hours, and security infor- mation. • Sign, official: A sign erected by a govern- mental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating sea- sonal or civic events sponsored and/or endorsed by the city council may be official signs. • Sign, off-premises: A sign which advertises or directs attention to a business, person, organiza- tion, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. • Sign, on-premises: A sign which advertises or directs attention to a business, person, organiza- tion, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Sign, permanent: Signs permanently affixed to a pole, monument, or building. Including deco- rative emblems (or standards) affixed by rope, cords, wires, or mechanical devices. • Sign, pole: A permanent freestanding sign supported wholly by a pole or poles permanently affixed to the ground and not attached to a building or structure. • Sign, POP – point of purchase: A sign relat- ing to the place, such as a supermarket aisle or soda machine, where a decision to purchase is made. • Sign, portable: A sign not permanently attached or affixed to the ground or other perma- nent structure, or a sign designed to be transported or moved from place to place including, but not limited to, signs designed to be transported by means of skids, or wheels, and including reader boards, and A-frame signs. • Sign, roof: A sign supported by and erected on or above a roof that does not meet the require- ments of a wall sign. • Sign, support structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign, temporary: Banners, pennants, flags, streamers, searchlights, inflatables, special event signage or temporary on-premises commercial signs posted in conjunction with the alteration, construction, sale or lease of real property. • Sign, three-sided: A sign with three faces. • Sign, two-sided: A sign with two faces. • Sign, wall (attached): A permanent sign attached or erected parallel to and extending not more than 15 inches from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face APPENDIX A (Revised 5/14)Appendix A-26 of the sign parallel to the plane of said wall or facade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. • Wall area: The two-dimensional representa- tion of a building elevation, including windows and doors, excluding eaves. Sign manufacturing/repair: The manufacture of commercial signs and sign support structures. See “Industrial, light use category.” Sign painting shop: The painting, etching or printing of sign copy. See “Industrial, light use cat- egory.” Site: Any lot or parcel of land or contiguous combination thereof, under a single ownership or control, proposed for development, where grading is performed or permitted. Site development plan: A plan drawn to scale for one or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot, tract or parcel. Site drainage plan: A plan prepared by a pro- fessional engineer licensed in the state of Washing- ton that identifies the stormwater control area, stormwater facilities and other measures reason- ably required by the director. The plan shall con- tain analysis and recommendations based upon the City standards. Slope: An inclined ground surface the inclina- tion of which is a ratio of vertical distance to hori- zontal distance, expressed as a percentage. Soap and cleaning compound manufactur- ing: The manufacture of soaps, detergents and cleaning chemicals and solvents. See “Industrial, heavy use category.” Soil: A natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. Solid waste: All biodegradable and nonbiode- gradable solid and semisolid material including, but not limited to, garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and construction wastes. Solid waste recycling/transfer site: A site stor- ing solid waste or recyclable materials, prior to transport to a central disposal or collection loca- tion. See “Industrial, heavy use category.” Special flood hazard areas (SFHA): The land area covered by the flood waters of the base flood is the SFHA on the National Flood Insurance Pro- gram (NFIP) maps. The SFHA is the area where the NFIP’s floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. Specialty stores: Small establishments that focus on the sale of a particular product and asso- ciated items. Examples include pet shops, specialty boutiques, music stores, ceramics shops, and liquor stores. It does not include stores selling specialty food such as butcher shop, meat market and spe- cialty foods. See “Retail sales, use category.” Spoil: Any material removed from an excava- tion. Standard soils: Soils comprised of the Natural Resources Conservation District groups: Garrison, Springdale, Bonner, and Hagen. Start of construction: Includes substantial improvement, and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improve- ment was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installa- tion of piles, the construction of columns, or any work beyond the stage of excavation; or the place- ment of a manufactured home on a foundation. Per- manent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a sub- stantial improvement, the “actual start of construc- tion” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimen- sions of the building. Storage, general indoor: The storage of equip- ment, merchandise and supplies within an enclosed structure. The storage area occupies 50 percent or less of the ground floor area of the structure. See “Warehouse” for storage areas that exceed 50 per- cent of the ground floor area. See “Warehouse, wholesale and freight movement, use category.” Storage, general outdoor: The storage of any equipment, machinery, commodities, raw, semi- finished materials, and building materials, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. The outdoor display of motor vehicles, equipment for sale or lease, manufactured housing or landscaping and nursery stock available for sale to the public is not general outdoor storage. See Appendix A-27 (Revised 5/14) Spokane Valley Municipal Code APPENDIX A “Warehouse, wholesale and freight movement, use category.” Storage, self-service facility: A facility includ- ing buildings and/or structures containing spaces of varying sizes leased, rented or sold on an indi- vidual basis and used exclusively for the storage of excess property and outdoor storage of vehicles and boats. See “Warehouse, wholesale and freight movement, use category.” Stormwater: That portion of precipitation or snow melt that has not naturally percolated into the ground or otherwise evaporated, but is contained, transported or flowing above ground through streets, swales, channels, pipes, artificial or natural surfaces. Stormwater drainage facility: Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, evaporate, divert, treat or filter stormwater. Stormwater facilities include, but are not limited to, pipes, ditches, culverts, street gutters, detention ponds, retention ponds, evapora- tion ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and swales. Stormwater facility: The drainage system including, but not limited to, drywell, channel, inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility designed to contain and control stormwater. Street, arterial, minor: Roadways identified in the Spokane Valley Comprehensive Plan provid- ing for interconnection with and augmentation of the principal arterial system and providing local mobility. Street, arterial, principal: Roadways identi- fied in the Spokane Valley Comprehensive Plan providing for regional mobility. Street, collector: Roadways identified in the Spokane Valley Comprehensive Plan providing for both land access and traffic circulation within resi- dential neighborhoods and commercial and indus- trial areas. Street, flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. Street, local access: A street providing access to abutting property. Structure: Any construction, including a build- ing or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, decks in excess of 30 inches in height, and roof overhangs exceeding three feet. A fence of six feet or less in height is not a structure, nor a masonry, brick, concrete, or cinder block wall of less than four feet in height. Subdivision: The subdivision of land into two or more parts for the purpose of establishing build- ing sites, and including both short subdivisions and long subdivisions. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restor- ing the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement: Any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a struc- ture to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Swale: A constructed depression for the treat- ment and disposal of stormwater runoff. The swale shall be designed by an engineer licensed in the state of Washington. Tailor shop: A personal service providing alter- ations and fittings for apparel. See “Personal ser- vices.” Tank storage (LPG): The storage of liquefied petroleum gas or its component gases. Tank storage, critical materials: The storage of critical materials identified in Appendix 21-G (SVMC 21.40.060), including but not limited to gasoline, kerosene, diesel, lubricating oils, and sol- vents. See “Warehouse, wholesale and freight movement, use category.” Tanning and curing of hides: The preparation of animal hides and skins for the manufacture of APPENDIX A (Revised 5/14)Appendix A-28 leather products. See “Industrial, heavy use cate- gory.” Tavern/night club: A retail establishment serv- ing alcoholic beverages with incidental food ser- vice. Examples are lounges, bars, nightclubs, wineries, micro-breweries, and distilleries. See “Food and beverage service, use category.” Taxidermy: The operation of preserving, stuff- ing and mounting the skins of dead birds and ani- mals for exhibition. See “Retail services, use category.” Telecommunications: The transmission, between or among points specified by the user, of audio and/or visual information and data of the user’s choosing, without change in the form or con- tent of the information as sent and received. • Alternative mounting structure: A water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure designed to sup- port and camouflage or conceal the presence of telecommunications antennas. • Antenna: A structure or device used to collect or radiate radio, television, or microwave electro- magnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations or noncom- mercial antennas installations for home use of radio or television. •Array: An arrangement of antennas and their supporting structure. •Collocation: A single telecommunications tower and/or site used by more than one telecom- munications service provider. •Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern. • EIA-222: Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antennas Support Struc- tures.” • Electric transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. • Guyed, tower: Any telecommunications tower supported in whole or in part by cables anchored to the ground. •Height: The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. • Monopole: A self-supporting telecommuni- cations tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation. •Panel: An antenna which receives and/or transmits signals in a directional pattern. • Self-supporting lattice tower: A telecommu- nications tower that consists of an open network of metal braces, usually triangular or square in cross- section. • Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications antenna: An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio sys- tems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (10 cm) in diameter and less than 10 feet in height. • Tower: A self-supporting or guyed structure more than 20 feet in height, built primarily to sup- port one or more telecommunications antennas. Does not include ham operator or wind turbine support towers. • Whip antenna: An omni-directional dipole antenna of cylindrical shape which is no more than six inches in diameter. • Wireless: Having no wire or wires, operating by means of transmitted electromagnetic waves. Temporary use: A use permitted for a limited period of time or pending the occurrence of an event. Textile manufacture: The manufacture of tex- tiles, carpet, canvas and cordage, including knit- ting. See “Industrial, light use category.” Theater, indoor: An establishment for the indoor viewing of motion pictures by patrons. See “Entertainment, use category.” Threshold requirements: The level of devel- opment, volume, or peak flow of stormwater that must be controlled. Tire recap and retread manufacture: The process of refurbishing and retreading used vehicle tires. See “Industrial, heavy use category.” Title notice: A document recorded with the county auditor for the purpose of disclosure to a prospective purchaser, lender or other interested Spokane Valley Municipal Code APPENDIX A Appendix A-29 (Revised 2/15) party of important information, special conditions, restrictions, and/or circumstances that affect real property. Tower, ham operator: A structure less than 75 feet in height above grade used for two-way com- munication for hobby or emergency service pur- poses by private individuals. See “Communication facilities, use category.” Tower, wind turbine support: A structure not enclosed with exterior walls used for the produc- tion of energy such as a wind turbine tower (public utility towers used for the distribution or transmis- sion of electricity and wireless communication support towers are not included in this definition). Towing: Facilities that provide towing services. Towed vehicle storage is permitted under impound yard or junk and salvage yards. See “Vehicle ser- vices, use category.” Transportation, use category: Facilities that provide public or private transportation services and/or transfer points between modes of transpor- tation. Examples include private airstrips, heli- ports, park and ride stations, private parking garages, and transit centers. Transit center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. See “Transportation, use category.” Transitional housing: Congregate living facil- ities for temporarily displaced individuals and fam- ilies with an on-site resident manager including, but not limited to, homeless and protective shelters. Detention and post-detention facilities, hospital, psychiatric and/or substance abuse and secure community transition facilities are not transitional housing. See “Community services, use category.” Truck stop: A facility providing parking, fuel- ing, and restaurant services for large trucks, and may include truck washing facilities, sleeping accommodations and showers for drivers. See “Vehicle services, use category.” Underground injection control (UIC) well: A manmade subsurface fluid distribution system designed to discharge fluids into the ground and consists of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a dug hole that is deeper than the largest surface dimen- sion (WAC 173-218-030). Subsurface infiltration systems include drywells, pipe or French drains, drain fields, and other similar devices that are used to discharge stormwater directly into the ground. Upholstery shop: A retail service for the uphol- stery and re-upholstery of furniture. See “Retail services, use category.” Variance: An adjustment to the strict applica- tion of regulations to a particular piece of real prop- erty which, because of special circumstances, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classifi- cation. The adjustment remedies the disparity in privileges; provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. Vehicle services, use category: Establishments that sell, service, repair, or rent passenger vehicles, boats, recreation vehicles, heavy trucks, and indus- trial vehicles. It also includes other uses that relate to vehicles such as truck stops, impound yards, and towing establishments. Veterinary hospital or clinic, large animal: An establishment providing veterinary medical services and similar services to livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and may include outdoor pens. See “Ani- mal clinic/veterinary.” Veterinary hospital or clinic, small animal: An establishment other than a kennel in which vet- erinary medical services, clipping, bathing, board- ing and similar services are rendered to dogs, cats and other small animals and domestic pets. See “Animal clinic/veterinary.” Warehouse: A structure in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. See “Warehouse, wholesale and freight movement, use category.” Warehouse, wholesale and freight move- ment, use category: Wholesale businesses and establishments that store or transport goods for themselves or other firms. Warranty surety: A financial guarantee against defects in the construction of all required infrastructure for a project. Water-dependent: A use or activity dependent on a waterfront location including, but not limited to, bridges, marinas, dams for domestic/industrial water supply, flood control, and/or hydroelectric production; water diversion structures and facili- ties for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facil- ities and appurtenant structures; structural and non- structural flood damage reduction facilities, and stream bank stabilization structures and practices. APPENDIX A (Revised 2/15)Appendix A-30 Water-related: A use or activity not intrinsi- cally dependent on a waterfront location including, but not limited to, facilities that provide water sports equipment and services, restaurants provid- ing water views, recreational vehicle parks, and public parks. Water-related industry: Water-related indus- tries are those requiring water transportation or those which seek the advantage of water transpor- tation as an alternative to other modes, and those which use or recycle large quantities of water. Welding: The process of uniting metal parts through heat and/or pressure. Wetland: An area characterized by saturated or nearly saturated soils most of the year that forms an interface between terrestrial (land-based) and aquatic environments. Wetlands include marshes around lakes or ponds and along river or stream channels. Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal institutional, commercial or industrial con- sumption. Examples include sale of building mate- rials, special trade tools, welding supplies, major wholesale distribution centers, major postal ser- vices, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures, mail order houses, and wholesalers of food, cloth- ing, auto parts, and building hardware. See “Ware- house, wholesale and freight movement, use category.” Wood product manufacturing: The manufac- ture of wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, and prefabricated wood buildings. The production processes include sawing, planing, shaping, laminating, and assembling of wood prod- ucts starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. See “Industrial, heavy use category.” Wrecking, junk and salvage yards: Any area, lot, land, parcel, building, structure or part thereof where waste or discarded or salvaged materials are exchanged, handled, bought, sold, baled, packed, stripped, stored, dumped or disassembled includ- ing, but not limited to, inoperable vehicles, tires, machines or remnants thereof, and/or metals, paper, rags, tires and bottles. See “Industrial, heavy use category.” WRIA: Water resources inventory area. Xeriscaping: A planting practice that relies on minimal or no irrigation, eliminating heavily watered landscaping in favor of those that combine low water requirements with plants adapted to the region. Yard: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward. • Flanking street yard: That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. •Front yard: An area extending across the full width of a lot and lying in between the front lot line and building setback line. The front yard is usually the location of the main entrance to the building and/or its orientation to the primary street. • Rear yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. • Side yard: That area of a lot that is unoccu- pied and which is not a front yard, a rear yard nor a flanking street yard. Zero lot line development: A residential devel- opment for single-family detached where each dwelling is located in close proximity to an interior side property line, with a minimum side yard main- tained between each adjacent residence. Zone, zoning district: A use classification established for the purpose of promoting orderly and efficient development of land compatible with surrounding areas implementing the Comprehen- sive Plan. (Ord. 14-016 § 3, 2014; Ord. 14-008 § 2, 2014; Ord. 14-003 § 4 (Att. B), 2014; Ord. 12-022 § 4 (Att. B), 2012; Ord. 12-009 §§ 1 – 8, 2012; Ord. 11-021 § 2, 2011; Ord. 11-005 § 2, 2011; Ord. 09-036 § 7, 2009; Ord. 09-032 § 2, 2009; Ord. 09- 017 § 1, 2009; Ord. 08-006 § 1, 2008; Ord. 08-005 § 2, 2008; Ord. 07-015 § 4, 2007). Appendix B-1 (Revised 2/10) Spokane Valley Municipal Code APPENDIX B APPENDIX B HEARING EXAMINER SCHEDULING RULES AND RULES OF CONDUCT Sections: A. Scheduling of Hearings. B. Notice of Hearing – Effect of Notice. C. Staff Reports on Applications. D. Site Inspections. E. Presentation of Evidence. F. Reopening or Continuing Hearings. G. Dismissal of Application. H. Record of Hearing. I. Decision. J. Reconsideration, Clerical Errors. A. Scheduling of Hearings. 1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in RCW 36.70B.110. 2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day’s agenda. 3. The hearing examiner may consolidate appli- cations involving the same or related properties for hearing. B. Notice of Hearing – Effect of Notice. 1. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be con- ducted in the manner set forth in Appendix B. 2. Failure of a person entitled to receive notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision, if the notice was properly published, mailed and posted. 3. A person is deemed to have received notice if the person appears at the hearing, or submits writ- ten comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 4. Disqualification. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evi- dence. C. Staff Reports on Applications. 1. The department shall coordinate and assem- ble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications. 2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the hearing exam- iner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspec- tion. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or fur- nished, the hearing examiner may at his/her discre- tion continue the hearing, considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recommen- dations to the department on the format and content of staff reports submitted to the hearing examiner. D. Site Inspections. 1. The hearing examiner may make site inspec- tions, which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the hearing examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon notice to all parties of record, request written response to such informa- tion or reopen the hearing to consider the informa- tion. E. Presentation of Evidence. 1. The format of the public hearing shall be organized so that the testimony and written evi- dence can be presented quickly and efficiently. The format will generally be as follows: a. A brief introduction of the matter by the hearing examiner; b. A report by division staff including intro- duction of the official file on the application and its procedural history, an explanation of the applica- tion, including the use of visual aids, and the rec- ommendation of the division on the application; APPENDIX B (Revised 2/10)Appendix B-2 c. The submittal of testimony and documents by the party with the burden of proof at the hearing, typically the applicant on an initial application or the appellant in the case of an appeal; followed by persons in support of such party’s position; d. The submittal of testimony and docu- ments by opposing parties; e. Rebuttal; f. Questions and clarifications; g. Closure of the hearing; h. Closure of the record and continuation of the matter for final decision. 2. All reasonably probative evidence is admis- sible by the hearing examiner. The hearing exam- iner may exclude all evidence that is irrelevant, immaterial or unduly repetitious. The judicial rules of evidence are not strictly applied, but may be used by the hearing examiner for guidance. The hearing examiner shall accord such weight to the evidence as he/she deems appropriate. 3. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the hearing examiner’s discretion. The hearing examiner may require that the original of a document be produced. A party submitting documentary material at the hearing should make copies available at the hearing for review by the opposing party. 4. The hearing examiner may take official notice of judicially cognizable facts; federal, state and local laws, ordinances or regulations; the city’s comprehensive plan and other adopted plans or policies of the city; and general, technical and sci- entific facts within the hearing examiner’s special- ized knowledge; so long as any noticed facts are included in the record and referenced or are appar- ent in the hearing examiner’s final decision. 5. The hearing examiner may require that testi- mony be given under oath or affirmation. All testi- mony taken by the hearing examiner in an appeal under SVMC 21.20.150 and/or Chapter 17.90 SVMC shall be under oath. 6. The hearing examiner may allow the cross- examination of witnesses. The hearing examiner is authorized to call witnesses and request written evidence in order to obtain the information neces- sary to make a decision. The hearing examiner may also request written information from or the appearance of a representative from any city department having an interest in or impacting an application. 7. The hearing examiner may impose reason- able limitations on the number of witnesses to be heard and the nature and length of their testimony to avoid repetitious testimony, expedite the hearing or avoid continuation of the hearing. 8. The hearing examiner may cause the removal of any person who is being disruptive to the pro- ceedings, or continue the proceedings if order can- not be maintained. The hearing examiner shall first issue a warning if practicable. 9. No testimony or oral statement regarding the substance or merits of an application is allowable after the close of the public hearing. No documen- tary material submitted after the close of hearing will be considered by the hearing examiner unless the hearing examiner has left the record open for the submittal of such material and all parties are given an additional time to review and rebut such material. F. Reopening or Continuing Hearings. 1. The hearing examiner may reopen or con- tinue a hearing to take additional testimony or evi- dence, or other compelling cause, provided a final decision has not been entered. 2. If the hearing examiner announces the time and place of the continued hearing on the record before the hearing is closed, no further notice is required. If the hearing is reopened after the close of the hearing, all parties must be given at least five days’ notice of the date, time, place and nature of the reopened hearing. 3. Motions by a party for continuation or to reopen a hearing must state the reasons therefor and be made as soon as reasonably possible. The motion must be submitted in writing unless made at the hearing. The hearing examiner may continue or reopen a hearing on his/her own motion, citing the reasons therefor. 4. If the decision of the hearing examiner rests upon issues of fact or law not raised by any party at time of hearing, the hearing examiner shall con- tinue and/or reopen the hearing to a later date to allow the parties an opportunity to comment and/or present evidence on those issues of fact or law. G. Dismissal of Application. 1. The hearing examiner shall conduct the pub- lic hearing based on the completed application. If the hearing examiner deems that the application has been substantially changed since it was deemed complete, the hearing examiner shall dismiss the application without prejudice and direct that a new application be submitted by the applicant and appropriate fees paid therefor. If the hearing exam- iner determines that the proposal has been changed but not substantially, the hearing examiner may Appendix B-3 (Revised 2/10) Spokane Valley Municipal Code APPENDIX B continue the hearing to give reviewing agencies an opportunity to review the changes made and make recommendations deemed to be necessary under applicable rules and regulations. 2. The hearing examiner may dismiss an appli- cation pursuant to a request by the applicant to withdraw an application, or for failure by the appli- cant to attend required hearings or provide requested information. If the applicant notified the division of building and planning in writing of the desire to withdraw an application prior to notice of hearing being mailed to the persons entitled thereto, the dismissal shall be allowed without prejudice, and noted in the application file. If the request for withdrawal of an application is received after such notice being mailed and before a final decision is rendered, the application shall be dis- missed with prejudice with the same effect as a denial of the application on the merits, in that the same or similar application cannot be considered by the hearing examiner for a one-year period com- mencing with the date the initial application was deemed complete. H. Record of Hearing. 1. The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted by the hearing examiner, including an electronic recording capable of being accurately transcribed and reproduced. Copies of the record- ing and any written portions of the record shall be made available to the public on request for the cost of reproduction or transcription, as determined by the hearing examiner. 2. The record shall include, but is not limited to: a. The application; b. Department staff reports; c. All evidence received or considered by the hearing examiner; d. The final written decision of the hearing examiner; e. Affidavits of notice for the hearing; f. The environmental determination regard- ing the application; g. The electronic recordings of the hearings and proceedings by the hearing examiner; and h. The departmental file for the application, if incorporated into the record by the hearing examiner. 3. The hearing examiner may authorize a party to have the proceedings reported by a court reporter and have a stenographic transcription made at the party’s expense. The hearing examiner may also cause the proceedings to be reported by a court reporter and transcribed. 4. The hearing examiner shall have custody of the hearing record and shall maintain such record until the period for appeal of the hearing exam- iner’s final decision has expired or the record is transmitted to court or the city council pursuant to an appeal of the hearing examiner’s final decision. I. Decision. 1. The decision of the hearing examiner shall be in writing, include findings and conclusions based on the record to support the decision, set forth the manner in which the decision would carry out the comprehensive plan and the development regula- tions in the UDC, and include the contents speci- fied in SVMC 17.80.130(C). 2. The hearing examiner shall render a final decision within 10 working days following the conclusion of all testimony and hearings, unless a longer time period is mutually agreed to in writing by the applicant and the hearing examiner. 3. Notice of the decision shall be provided pur- suant to SVMC 17.80.130(D). J. Reconsideration, Clerical Errors. 1. Any aggrieved party of record may file a written petition for reconsideration with the hear- ing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or oth- erwise provide a copy of the petition for reconsid- eration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of in writing by the hearing examiner. 2. The grounds for seeking reconsideration shall be limited to the following: a. The hearing examiner exceeded the hear- ing examiner’s jurisdiction; b. The hearing examiner failed to follow the applicable procedure in reaching the hearing exam- iner’s decision; c. The hearing examiner committed an error of law; d. The hearing examiner’s findings, conclu- sions and/or conditions are not supported by the record; e. New evidence which could not reasonably have been produced and which is material to the decision is discovered; or APPENDIX B (Revised 2/10)Appendix B-4 f. The applicant proposed changes to the application in response to deficiencies identified in the decision. 3. The petition for reconsideration must: a. Contain the name, mailing address, and daytime telephone number of the petitioner, or the petitioner’s representative, together with the signa- ture of the petitioner or of the petitioner’s represen- tative; b. Identify the specific findings, conclusions, actions, and/or conditions for which reconsidera- tion is requested; c. State the specific grounds upon which relief is requested; d. Describe the specific relief requested; and e. Where applicable, identify the specific nature of any newly discovered evidence or changes proposed. 4. The petition for reconsideration shall be decided by the same hearing examiner who ren- dered the decision, if reasonably available. The hearing examiner shall provide notice of the deci- sion on reconsideration in accordance with SVMC 17.90.050 and 17.90.060. Within 14 days the hear- ing examiner shall: a. Deny the petition in writing; b. Grant the petition and issue an amended decision in accordance with the provisions of SVMC 17.80.130 following reconsideration; c. Accept the petition and give notice to all parties of record of the opportunity to submit writ- ten comment. Parties of record shall have 10 calen- dar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision in accordance with the provisions of SVMC 17.80.130 or issue an order within 15 days after the close of the comment period setting the matter for further hearing. If fur- ther hearing is ordered, the hearing examiner’s office shall mail notice not less than 15 days prior to the hearing date to all parties of record; or d. Accept the petition and set the matter for further open record hearing to consider new evi- dence, proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the hearing examiner’s office not less than 15 days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the further hearing in accordance with the provisions of SVMC 17.80.130. 5. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with precondi- tions and/or conditions shall be subject to reconsid- eration. 6. The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural effi- ciency. 7. Clerical mistakes and errors arising from oversight or omission in hearing examiner deci- sions may be corrected by the hearing examiner at any time either on the hearing examiner’s initiative or on the motion of a party of record. A copy of each page affected by the correction, with the cor- rection clearly identified, shall be mailed to all par- ties of record. This shall not extend the appeal period from the decision. (Ord. 09-023 § 2, 2009; Res. 96-0294, 1996). Appendix C-1 (Revised 2/09) Spokane Valley Municipal Code APPENDIX C APPENDIX C CITY COUNCIL APPEAL HEARING PROCEDURES A. The council shall not consider any new facts or evidence outside the verbatim transcript and cer- tified record submitted by the hearing examiner, except for: 1. Grounds for disqualification of the hear- ing examiner, when such grounds were unknown by the appellant at the time the record was created; or 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the hearing examiner; or 3. Matters that were outside the jurisdiction of the hearing examiner. The council shall allow the record to be supple- mented if the offering party demonstrates grounds for supplementation as set forth in subsections (A)(1), (2) or (3) of this appendix. a. Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the council, within 14 calendar days of the date the appeal hearing was scheduled. b. The council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memoran- dum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the sec- ond Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regu- lations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record, except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the city attorney, and to opposing parties as practicable. B. The council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reason- ably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allo- cation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and sur- rebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 min- utes total for the appellant, and 20 minutes total for those parties in opposition to the appeal, regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebut- tal. The time taken to respond to questions from the council is not included in the time allowed for argument. C. The council may affirm or reverse the hear- ing examiner’s decision, or remand it for further proceedings. The hearing examiner’s decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the hearing examiner’s deci- sion. D. The council may reverse the hearing exam- iner’s decision, or remand it for further proceed- ings, if the appellant has carried the burden of establishing that one or more of the following stan- dards is met: 1. The hearing examiner engaged in unlaw- ful procedure or failed to follow a prescribed pro- cess, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; APPENDIX C (Revised 2/09)Appendix C-2 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous appli- cation of the law to the facts; 5. The decision is outside the authority of the hearing examiner. E. The council may also remand the decision to the hearing examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the hearing examiner. “Newly discovered evidence” is evidence that with reason- able diligence could not have been discovered and produced at the time the proceedings before the hearing examiner were conducted. F. The council shall adopt written findings and conclusion in support of its decision. If the council concludes that a finding of fact by the hearing examiner, upon which the decision is based, is not supported by substantial evidence, the council may modify the finding or substitute its own finding, citing substantial evidence in the record that sup- ports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same, and the decision of the hearing examiner shall be affirmed. G. The council’s decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued, by filing a land use petition with the supe- rior court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. H. The notice included in the council’s decision shall also state that affected property owners may request the Spokane County assessor for a change in valuation for property tax purposes notwith- standing any program of revaluation, pursuant to RCW 36.70B.130. I. The city clerk shall, within five business days from the date of the council’s decision on the appeal, mail a copy of the council’s decision to the appellant, the applicant (if different than the appel- lant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the council, any person who requested notice of the decision, and any person who submit- ted substantive comments on the application. The city clerk shall also provide notice of the decision to the county assessor. J. Where the hearing examiner’s decision rec- ommends approval of the proposal and no appeal has been filed within the time period set forth above, the city manager or designee shall modify the official zoning map of the City according to the hearing examiner’s decision. The modification of the zoning map completes the hearing examiner’s decision and shall be considered the final legisla- tive action of the city council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08- 022, 2008). Appendix D-1 (Revised 8/11) Spokane Valley Municipal Code APPENDIX D APPENDIX D SPOKANE VALLEY SPRAGUE AND APPLEWAY CORRIDORS SUBAREA PLAN Repealed by Ord. 11-010. (Ord. 11-002 § 1, 2011; Ord. 10-023 §§ 1, 3 – 7, 2010; Ord. 10-018 §§ 1 – 7, 2010; Ord. 10-017 § 2, 2010; Ord. 10-015 § 3, 2010; Ord. 09-028 § 1, 2009; Ord. 09-026 § 1, 2009; Ord. 09-021 § 3, 2009; Ord. 09-012 § 3, 2009). Tables-1 (Revised 9/10) Ordinance Table 1 Creates interim City offices (Not codi- fied) 2 Hours of operation of City offices (2.05) 3 Authorizes payment of claims to City by check (3.55) 4 Appoints finance director as auditing officer (2.35) 5 Adopts interim budget (Special) 6 City officers’ oath and bond (2.40) 7 Provides for legal representation of employees (2.70) 8 Adopts system for credit card use (Superseded by Ord. 30) 9 Establishes accounting funds (3.30) 10 Establishes petty cash fund (3.30) 11 Establishes small works roster to award contracts (3.50) 12 Provides for small contract authorization (Repealed by Ord. 72) 13 Establishes City holidays (2.60) 14 Establishes salaries for city council and mayor (Repealed by 04-018) 15 Imposes sales and use tax (3.05) 16 Imposes sales and use tax (3.05) 17 Imposes excise tax on real estate sales and establishes a special fund (3.10) 18 Imposes excise tax on real estate sales (3.10) 19 Imposes leasehold excise tax (3.15) 20 Establishes cable franchise fee (Repealed by 09-030) 20A-1 Amends Ord. 20 to provide for quarterly payment of franchise fee (Repealed by 09-030) 21 Disclosure of public records (Repealed by 07-006) 22 Establishes procurement procedure for architectural and engineering services (3.45) 23 Creates office of city manager (2.15) 24 Creates office of chief of police and pro- vides for appointment (2.30) 25 Creates office of city attorney and pro- vides for appointment (2.25) 26 Creates office of city clerk (2.20) 27 Transient occupancy tax (3.20) 28 Gambling tax (3.25) 29 Establishes rules and regulations for travel by City employees (2.50) 30 Replaces Ord. 8, system for credit card use (2.65) 31 Establishes storm drainage and surface water management utility (Repealed by 07-015) 31-A1 Amends Ord. 31, storm and surface water utility (Repealed by 07-015) 32 Adopts stormwater management guide- lines (Repealed by 07-015) 33 Adopts road and sewer construction standards (Repealed by 07-015) 34 Adopts business registration system (5.05) 35 Creates planning commission (Repealed by 07-015) 36 Adopts adult entertainment establish- ment guidelines (Repealed by 10-006) 37 Budget adoption and appropriation of funds (Special) 37A-1 Amends Ord. 37, budget adoption (Spe- cial) 38 Charges fees for services provided by City (3.60) 39 Issuance and sale of tax and revenue anticipation note (Special) 40 Adopts Uniform Building Code (Repealed by 07-015) 41 Adopts Uniform Fire Code (Repealed by 07-015) 42 Adopts Uniform Mechanical Code, Plumbing Code, Energy Code, Ventila- tion and Indoor Air Quality Code, His- toric Buildings Code, National Electrical Code, Code for the Abatement of Dangerous Buildings, Uniform Hous- ing Code, Uniform Building Security Code, and Uniform Sign Code (Repealed by 07-015) 43 Administration and enforcement of uni- form codes (Repealed by 07-015) 44 Personnel policies (2.50) 45 Adopts general penalty provisions (1.10) 46 Establishes criminal code (8.05, 8.10, 8.15, 8.20, 8.25, 8.30, 8.35, 8.40, 8.45, 8.50) Ordinance Table (Revised 9/10)Tables-2 47 Adopts Washington Model Traffic Ordi- nance (9.05) 48 Implements State Environmental Policy Act (SEPA) (Repealed by 07-015) 49 Critical areas (Repealed by 07-015) 50 Critical areas (Repealed by 07-015) 51 Flood damage protection (Repealed by 07-015) 52 Adopts comprehensive plan (Repealed by 07-015) 53 Adopts zoning code (Repealed by 07- 015) 54 Adopts zoning map (Repealed by 07- 015) 54A-1 Amends Ord. 54, zoning map (Special) 55 Tax levy (Special) 56 Adopts animal control regulations (7.30) 56A-1 Amends Ord. 56, cat licensing (7.30) 57 Establishes office of hearing examiner (Repealed by 07-015) 58 Adopts subdivision regulations (Repealed by 07-015) 59 Adopts interim shoreline management program (Repealed by 07-015) 60 Adopts application review procedures for project permits (Repealed by 07-015) 61 Moratorium on adult entertainment establishments (Special) 62 Adopts budget; establishes funds, posi- tions and salary schedules (3.30) 62A-1 Salary schedule (Not codified) 63 Adopts standards and procedures for construction work (Repealed by 07-015) 64 Adopts special event regulations (5.15) 65 Adopts rules for use of park facilities (6.05) 66 Regulates sale and use of fireworks (7.15) 03-67 Junk vehicles (Repealed by 06-004) 68 Franchise agreement (Replaced by 77) 69 Creates department of public safety (2.45) 03-70 Alarm systems (Repealed by 09-020) 03-71 Establishes policy for purchase of goods and services (3.40) 03-72 Repeals Ord. 12, contract authority to city manager (3.35) 03-73 Franchise agreement (Special) 03-74 Amends Ord. 3 to provide additional authorization to sign checks (3.55) 03-75 Establishes water safety regulations (7.25) 03-76 Extends adult entertainment moratorium (Special) 03-77 Replaces Ord. 68, franchise agreement (Special) 03-78 Zoning code compliance (Repealed by 07-015) 03-79 Budget amendment (Special) 03-80 Interlocal agreement with public facili- ties district (Special) 03-81 Amends Ord. 57, hearing examiner (Repealed by 07-015) 03-82 Adopts corporate seal (1.05) 03-83 Nuisance abatement (7.05) 03-84 Bond agreement; creates funds (3.30) 03-85 (Number not used) 03-86 Property tax levy (Special) 03-87 Adopts commute trip reduction plan for major employers (10.20) 03-88 Amends comprehensive plan and zoning map (Special) 03-89 Amends comprehensive plan and zoning map (Special) 03-90 Amends comprehensive plan and zoning map (Special) 03-91 Amends comprehensive plan and zoning map (Special) 03-92 Amends comprehensive plan and zoning map (Special) 03-93 Amends comprehensive plan and zoning map (Special) 03-94 Amends comprehensive plan and zoning map (Special) 03-95 Amends 2003 budget (Special) 03-96 2004 budget appropriation (Special) 03-97 Nonconforming uses, zoning (Repealed by 07-015) 03-98 Creates path and trail fund (3.30) 04-001 Towing regulations (9.10) 04-002 Right-of-way vacation regulations (Repealed by 07-015) 04-003 Annexation (Special) 04-004 Floodplain hazard areas (Repealed by 07-015) 04-005 Amends Ord. 35, planning commission (Repealed by 07-015) 04-006 Franchise agreement (Special) 04-007 (Number not used) Tables-3 (Revised 5/14) Spokane Valley Municipal Code Ordinance Table 04-008 Amends Ord. 03-53, signage standards (Repealed by 05-016) 04-009 Amends Ord. 03-67, junk vehicles (Repealed by 06-004) 04-010 Building code (Repealed by 07-015) 04-011 (Number not used) 04-012 Amends Ord. 57, office of hearing examiner (Repealed by 07-015) 04-013 Zoning code compliance (Repealed by 07-015) 04-014 Amends Ords. 40 and 41, fire sprinklers (Repealed by 07-015) 04-015 Amends 2004 budget; creates funds (Special) 04-016 Excavation, fill and grading (Repealed by 07-015) 04-017 Code adoption (1.01) 04-018 Establishes salaries for city council and mayor; repeals Ord. 14 (2.10) 04-019 Street vacation (Special) 04-020 Street vacation (Special) 04-021 Amends comprehensive plan and zoning map (Special) 04-022 Amends comprehensive plan and zoning map (Special) 04-023 Amends comprehensive plan and zoning map (Special) 04-024 Amends comprehensive plan and zoning map (Special) 04-025 Amends comprehensive plan and zoning map (Special) 04-026 Amends comprehensive plan and zoning map (Special) 04-027 Amends comprehensive plan and zoning map (Special) 04-028 Amends § 5.15.010, special events (5.15) 04-029 General obligations bonds issuance (Special) 04-030 Adds § 8.25.060, noise disturbance (8.25) 04-031 Amends § 8.20.020, alcoholic beverage control (8.20) 04-032 Amends Ch. 5.05, business registration system (5.05) 04-033 Adds §§ 4.15.1 and 4.15.2, uniform development code; repeals Chs. 14.608, 14.609, 14.610, 14.612, 14.614, 14.812 and §§ 14.616.305 – 14.616.335, 14.618.305 – 14.618.335, 14.620.305 – 14.620.335, 14.622.305 – 14.622.335, 14.624.309 – 14.624.335; 14.626.310 – 14.626.335, 14.628.315 – 14.628.335, 14.630.310 – 14.630.335, 14.632.310 – 14.632.335, 14.634.310 – 14.634.335, 14.636.310 – 14.636.325, interim zon- ing code (Not codified) 04-034 Amends Ch. 14.506 and repeals § 14.404.090 of the interim zoning code (Not codified) 04-035 Adds Ch. 14.615 to and amends §§ 14.605.020 – 14.605.080 of the interim zoning code (Repealed by 07- 016) 04-036 Amends 2004 budget (Special) 04-037 Repeals and replaces § 3.25.020(B), gambling tax (3.25) 04-038 Adds § 7.06 to the uniform development code; amends § 14.810.020 of the interim zoning code and § 4 of Ord. 03- 083, zoning (7.05) 04-039 Street vacation (Special) 04-040 Adds §§ 2.75.120 and 2.75.130, disclo- sure of public records (Repealed by 07- 006) 04-041 2005 tax levy (Special) 04-042 Property tax levy (Special) 04-043 Street vacation (Special) 04-044 Adopts 2005 budget (Special) 04-045 (Failed) 04-046 Amends §§ 4.08.19 and 4.15.1 of the uniform development code; repeals Ch. 14.704 of the interim zoning code (Not codified) 04-047 Amends §§ 10.15.010 through 10.15.030, building code (Repealed by 07-015) 04-048 Adds Ch. 7.35, motorized personal transportation devices (9.20) 05-001 (Failed) 05-002 Amends § 6.05.080, park regulations (6.05) 05-003 Rezone (Special) 05-004 Amends comprehensive plan (Special) 05-005 Amends comprehensive plan (Special) 05-006 Amends comprehensive plan (Special) 05-007 Amends comprehensive plan (Special) 05-008 Amends comprehensive plan (Special) 05-009 Amends § 8.25.060, noise disturbance (8.25) Ordinance Table (Revised 5/14)Tables-4 05-010 Adds Ch. 3.75, assessment reimburse- ment agreements (3.75) 05-011 Annexation (Special) 05-012 Public street rights-of-way vacation reg- ulations (Not codified) 05-013 Adds § 10.09.08 to the uniform develop- ment code (Repealed by 07-015) 05-014 Amends §§ 7.05.020 and 7.05.040, nui- sances (7.05) 05-015 Reorganizes, renumbers and recodifies Ch. 10.10, Article I to Chapter 3.70, Ch. 10.20, Article V to Ch. 9.15, and Chs. 2.55, 10.05, 10.15, 10.20 Articles I – IV, VI, 10.25, 10.30 and 10.35 to a new Title 10, uniform development code (Repealed by 06-006) 05-016 Sign regulations; repeals § 10.30.660 (Not codified) 05-017 Adds Ch. 5.20, pawnbrokers (5.20) 05-018 Amends 2005 budget; creates funds (3.30) 05-019 Street vacation (Special) 05-020 Street vacation (Special) 05-021 Amends § 10.35.150, appeals (Repealed by 07-015) 05-022 Street vacation (Special) 05-023 Amends Ch. 5.15, special events (5.15) 05-024 Amends Ch. 2.25, city attorney (2.25) 05-025 Extends UR-1 interim zoning provisions (Repealed by 07-016) 05-026 Amends Ord. 04-046, uniform develop- ment code (Not codified) 05-027 Property tax levy (Special) 05-028 Adds Ch. 1.02, initiative and referendum (1.02) 05-029 Adopts 2006 budget (Special) 05-030 Property tax levy (Special) 05-031 Amends § 3.40.050(H), exemptions to competitive bidding requirements (3.40) 05-032 Amends 2005 budget (Special) 05-033 Adds §§ 10.05.450 – 10.05.455, streets, sidewalks and public places (Repealed by 07-015) 05-034 Amends § 10.10.040, utility charge (Repealed by 07-015) 06-001 Extends UR-1 interim zoning provisions (Repealed by 07-016) 06-002 Amends § 10.30.060, airport overlay zone (Repealed by 07-015) 06-003 Amends § 10.30.060, zoning (Repealed by 07-015) 06-004 Amends §§ 7.05.010 – 7.05.060; repeals §§ 7.05.070 – 7.05.200 and Ch. 7.10, nuisances (7.05) 06-005 Amends §§ 10.30.150 – 10.30.280, 10.30.340 – 10.30.360 and 10.30.380 – 10.30.600; repeals §§ 10.30.290 – 320 and 10.30.370, zoning (Repealed by 07- 015) 06-006 Repeals Ord. 05-015 (Repealer) 06-007 Amends § 10.30.060, zoning (Repealed by 07-015) 06-008 Amends § 10.30.060, zoning (Repealed by 07-015) 06-009 Amends Ord. 05-016, sign regulations (Not codified) 06-010 Adopts comprehensive plan; amends § 10.30.010, zoning (Special) 06-011 Amends § 10.30.060, zoning (Repealed by 07-015) 06-012 Amends § 10.30.060, zoning (Repealed by 07-015) 06-013 City logo (1.06) 06-014 Amends 2006 budget; creates funds (3.30) 06-015 Amends Ch. 10.05, streets, sidewalks and public places (Repealed by 07-015) 06-016 Time Warner franchise agreement (Spe- cial) 06-017 Repeals § 10.15.010(H), building and construction fees (Repealer) 06-018 Street vacation (Special) 06-019 Extends UR-1 interim zoning provisions (Repealed by 07-016) 06-020 Amends § 10.30.060, comprehensive plan amendments (Repealed by 07-015) 06-021 Independent salary commission (2.10) 06-022 Property tax levy (Special) 06-023 Property tax levy (Special) 06-024 Adopts 2007 budget (Special) 06-025 Amends § 10.30.560(D), zoning (Repealed by 07-015) 06-026 Amends § 9.05.030, model traffic ordi- nance (9.05) 06-027 Amends §§ 10.05.070, 10.05.080, 10.05.090, 10.05.100, 10.05.110, 10.05.130, 10.05.140 and 10.05.180, right-of-way permits (Repealed by 07- 015) Tables-5 (Revised 8/11) Spokane Valley Municipal Code Ordinance Table 06-028 Amends 2006 budget (Special) 06-029 Adds §§ 2.50.035, 2.50.045 and 2.50.055; amends §§ 2.50.010, 2.50.020, 2.50.030 and 2.50.040, per- sonnel policies (2.50) 07-001 Extends UR-1 interim zoning provisions (Repealed by 07-016) 07-002 Street vacation (Special) 07-003 Adds §§ 7.30.035, 7.30.040 and 7.30.045; amends § 7.30.010; repeals § 7.30.030, dangerous dogs (7.30) 07-004 Amends Chs. 3.35, 3.40, 3.45 and 3.50, purchasing (3.35, 3.40, 3.45, 3.50) 07-005 Amends and renumbers Ch. 7.35 as Ch. 9.20, motorized personal transportation devices (9.20) 07-006 Repeals and replaces Ch. 2.75, public records (2.75) 07-007 Amends 2007 budget (Special) 07-008 Amends § 1.06.030, city logo (1.06) 07-009 Amends § 1.01.070, definitions (1.01) 07-010 Adds Title 24, building codes (24.10, 24.20, 24.30, 24.40, 24.50) 07-011 Amends § 2.65.020, credit card use (2.65) 07-012 Street vacation (Special) 07-013 Extends UR-1 interim zoning provisions (Repealed by 07-016) 07-014 Amends 2007 budget (Special) 07-015 Adds Titles 17, 18, 19, 20, 21 and 22, uniform development code; repeals §§ 2.55.010 through 2.55.050, 10.05.010 through 10.20.200 and 10.20.330 through 10.35.210 (17.10, 17.20, 17.30, 17.40, 17.50, 17.60, 17.70, 17.80, 17.90, 17.100, 17.110, 18.10, 18.20, 18.30, 18.40, 18.50, 19.10, 19.20, 19.30, 19.40, 19.50, 19.60, 19.70, 19.80, 19.90, 19.110, 19.120, 19.130, 19.140, 19.150, 19.160, 19.170, 20.10, 20.20, 20.30, 20.40, 20.50, 20.60, 20.70, 20.80, 21.10, 21.20, 21.30, 21.40, 21.50, 22.10, 22.20, 22.50, 22.60, 22.70, 22.110, 22.120, 22.130, 22.140, 22.150, UDC Appx. A) 07-016 Repeals Ords. 03-053, 04-035, 05-025, 06-001, 06-019, 07-001 and 07-013 (Repealer) 07-017 Amends Ord. 07-012, street vacation (Special) 07-018 Adopts 2008 budget (Special) 07-019 Property tax levy (Special) 07-020 Property tax levy (Special) 07-021 Street vacation (Special) 07-022 Disposal franchise (Special) 07-023 Waste management franchise (Special) 07-024 Street vacation (Special) 07-025 Amends Title 19 on interim basis, acces- sory dwelling units (Repealed by 08- 006) 07-026 Amends comprehensive plan (Special) 07-027 Amends zoning map (Special) 08-001 Amends §§ 7.30.035 and 7.30.040, dan- gerous dogs (7.30) 08-002 Amends §§ 19.60.040, 19.60.050, 19.60.060, 19.60.070, 19.60.080 and Title 19 Appx. A, kennels and doggie day cares (19.60, 19.120) 08-003 Franchise agreement (Special) 08-004 Waste management franchise (Special) 08-005 Amends Ch. 22.150 and UDC Appx. A, stormwater management (22.150, UDC Appx. A) 08-006 Adds §§ 22.130.035, 22.130.037 and 22.130.039; amends §§ 19.40.010, 19.40.090, 19.40.100, 19.60.010, 22.130.030 and UDC Appx. A; repeals Ord. 07-025, accessory dwelling units (19.40, 19.60, 22.130, UDC Appx. A) 08-007 Amends § 22.50.040, off-street loading (22.50) 08-008 Adds § 3.30.220 and Ch. 3.80, storm and surface water utility (3.30, 3.80) 08-009 Amends 2008 budget (Special) 08-010 Alley vacation (Special) 08-011 Amends comprehensive plan (Special) 08-012 Amends zoning map (Special) 08-013 Amends Ch. 5.15, special events (5.15) 08-014 Adds Ch. 3.70, utility tax (3.70) 08-015 Amends § 2.50.060, drug testing (2.50) 08-016 Street vacation (Special) 08-017 Amends §§ 19.60.010, 19.70.010 and 19.70.020, zoning (19.60, 19.70) 08-018 Street vacation (Special) 08-019 Property tax levy (Special) 08-020 Property tax levy (Special) 08-021 Interim emergency code amendment (Repealed by 09-002) Ordinance Table (Revised 8/11)Tables-6 08-022 Adds UDC Appx. C; amends § 17.90.090, city council appeal hearing procedures (17.90, UDC Appx. C) 08-023 Adopts 2009 budget (Special) 08-024 Amends §§ 7.05.020 and 7.05.040, nui- sances (7.05) 08-025 Amends §§ 17.90.040, 17.100.080, 17.100.090, 17.100.150, 17.100.250 and 17.100.280, code compliance (17.90, 17.100) 08-026 Amends §§ 19.30.030, 19.40.010, 19.40.020, 19.40.120, 19.60.010, 19.70.010, 19.70.020 and 19.120.010, zoning (19.30, 19.40, 19.60, 19.70, 19.120) 08-027 Amends 2008 budget; closes street bond capital projects and sewer funds (Spe- cial) 08-028 Street vacation (Special) 09-001 Street vacation (Special) 09-002 Amends Chs. 20.20, 20.30, 20.40, 20.50, 20.60 and 20.80; repeals Ord. 08-021, subdivision regulations (20.20, 20.30, 20.40, 20.50, 20.60, 20.80) 09-003 Amends § 9.05.030, speed limits (9.05) 09-004 Street vacation (Special) 09-005 Amends Table 19-110-1, airport hazard overlay (19.110) 09-006 Amends Ord. 08-012, zoning permitted uses (19.120) 09-007 Provides for eminent domain (Special) 09-008 Amends comprehensive plan (Special) 09-009 Amends zoning map (Special) 09-010 Amends §§ 17.50.010, Tables 17.80-1 and 17.80-2, §§ 17.80.150, 19.70.010, 19.70.020, 19.120.010, 22.50.020, Table 22.50-7, §§ 22.110.030 and 22.110.040, zoning (17.50, 17.80, 19.70, 19.120, 22.50, 22.110) 09-011 Amends § 3.55.010, payment of claims (3.55) 09-012 Adopts Sprague and Appleway Corri- dors Subarea Plan; amends § 19.110.020 (19.110, UDC Appx. D) 09-013 Amends comprehensive plan map (Spe- cial) 09-014 Amends Ord. 09-007, acquisition by eminent domain, Havana Street Bridge project (Special) 09-015 Interim ordinance adding § 19.30.015 and amending §§ 17.80.030, 17.80.140 and 19.30.010, developer agreements (Repealed by 10-004) 09-016 Amends §§ 3.50.010 and 3.50.040, small works roster (3.50) 09-017 Amends §§ 19.20.010, 19.40.010, 19.40.030, 19.60.010, 19.60.020, 19.60.040, 19.60.100, Chs. 19.70 and 19.120 and UDC Appx. A, zoning (19.20, 19.40, 19.60, 19.70, 19.120, UDC Appx. A) 09-018 Property tax levy (Special) 09-019 Property tax levy (Special) 09-020 Repeals and replaces Ch. 7.20, alarm systems (7.20) 09-021 Adopts Sprague and Appleway Corri- dors Subarea Plan; amends § 19.110.020 (19.110, UDC Appx. D) 09-022 Amends comprehensive plan map (Spe- cial) 09-023 Amends Ch. 18.20 and UDC Appx. B, hearing examiner (18.20, UDC Appx. B) 09-024 Adopts 2010 budget (Special) 09-025 Property tax levy (Special) 09-026 Amends effective date of Ord. 09-012 (19.110, UDC Appx. D) 09-027 Amends effective date of Ord. 09-013 (Special) 09-028 Amends effective date of Ord. 09-021 (19.110, UDC Appx. D) 09-029 Amends effective date of Ord. 09-022 (Special) 09-030 Repeals and replaces Ch. 3.65, cable television franchises (3.65) 09-031 Amends § 19.40.010, zoning (19.40) 09-032 Adds Ch. 19.35; amends UDC Appx. A, zoning (19.35, UDC Appx. A) 09-033 Amends § 17.80.030, Chs. 18.30, 18.50, §§ 22.20.020, 22.20.040, 22.20.080 and Chs. 22.130 and 24.50; amends and renumbers §§ 22.50.040 to 22.50.030, 22.50.050 to 22.50.040 and 22.50.060 to 22.50.050; repeals § 22.50.030, street standards (17.80, 18.30, 18.50, 22.20, 22.50, 22.130, 24.50) 09-034 Comcast cable franchise (Special) 09-035 Amends Ord. 09-025, property tax levy (Special) Tables-7 (Revised 5/14) Spokane Valley Municipal Code Ordinance Table 09-036 Amends §§ 19.20.060, 19.40.010, 19.40.100, 19.40.140, 19.50.050, 19.50.060, 19.120.010 and UDC Appx. A, zoning (19.20, 19.40, 19.50, 19.120, UDC Appx. A) 09-037 Amends 2009 budget (Special) 09-038 Amends §§ 5.15.010, 5.15.050, 6.05.050 and 6.05.060, special events, vendors in parks (5.15, 6.05) 09-039 Amends comprehensive plan (Special) 09-040 Amends zoning map (Special) 09-041 Amends §§ 6.05.090(G) and 8.45.010, firearms (6.05, 8.45) 10-001 Amends § 3.25.040, gambling tax (3.25) 10-002 Amends § 17.100.030, code compliance (17.100) 10-003 Amends §§ 7.20.050, 7.20.100 and 7.20.110; repeals § 7.20.170, alarm sys- tems (7.20) 10-004 Adds §§ 19.30.015; amends §§ 17.80.030, 17.80.140 and 19.30.010; repeals Ord. 09-015, development agreements (17.80, 19.30) 10-005 Amends §§ 19.70.010 and 19.120.010, secondhand stores (19.70, 19.120) 10-006 Repeals and replaces Ch. 5.10, adult entertainment establishments (5.10) 10-007 Amends comprehensive plan (Special) 10-008 Amends zoning map (Special) 10-009 Extends time period for acceptance of franchise (Special) 10-010 Adds §§ 17.20.020 and 21.40.070; amends § 21.30.020, development code (17.20, 21.30, 21.40) 10-011 Street vacation (Special) 10-012 Extends time period for acceptance of franchise (Special) 10-013 Amends Ch. 10.20, commute trip reduc- tion (10.20) 10-014 Adds § 8.25.025; amends § 8.25.020, solicitation (8.25) 10-015 Amends Ch. 19.140, administrative exceptions; amends Sprague and Apple- way Corridors Subarea Plan (19.140, UDC Appx. D) 10-016 Amends § 19.20.060, nonconforming uses and structures (19.20) 10-017 Amends Sprague and Appleway Corri- dors Subarea Plan (UDC Appx. D) 10-018 Amends Sprague and Appleway Corri- dors Subarea Plan (UDC Appx. D) 10-019 Adds Chapter 22.160, wastewater pre- treatment standards (22.160) 10-020 Property tax levy (Special) 10-021 Property tax levy (Special) 10-022 Adopts 2011 budget; creates street capi- tal improvements 2011+ fund (3.30) 10-023 Amends Sprague and Appleway Corri- dors Subarea Plan and § 19.20.060, non- conforming uses and structures (19.20, UDC Appx. D) 10-024 Amends § 5.15.080, special event per- mits (5.15) 10-025 Amends §§ 2.75.010, 2.75.020, 2.75.040 and 2.75.070, public records (2.75) 10-026 Amends 2010 budget; closes community development block grant fund (Special) 11-001 Amends comprehensive plan and com- prehensive plan map (Special) 11-002 Amends zoning map; amends Sprague and Appleway Corridors Subarea Plan (UDC Appx. D) 11-003 Adds Ch. 7.40, e-cigarettes (7.40) 11-004 Amends § 19.40.150, animal raising and keeping (19.40) 11-005 Amends UDC Appx. A, definitions (UDC Appx. A) 11-006 Amends § 19.40.150, animal raising and keeping (19.40) 11-007 Amends comprehensive plan and com- prehensive plan map (Special) 11-008 Amends zoning map (Special) 11-009 Amends comprehensive plan and com- prehensive plan map (Special) 11-010 Amends zoning map and §§ 5.10.040 and 19.140.010; repeals § 19.110.020 and UDC Appx. D, Sprague and Apple- way Corridors Subarea Plan (5.10, 19.140) 11-011 Submits ballot proposition to voters, general obligation bonds (Special) 11-012 Right-of-way vacation (Special) 11-013 Amends §§ 2.40.010, 2.40.020, 3.10.010, 3.10.100 and 3.15.040, city treasurer and finance director (2.40, 3.10, 3.15) 11-014 Amends comprehensive plan, adopting bike and pedestrian element (Special) Ordinance Table (Revised 5/14)Tables-8 11-015 Property tax levy (Special) 11-016 Property tax levy (Special) 11-017 Adopts 2012 budget (Special) 11-018 Bonneville Power Administration elec- tricity franchise (Special) 11-019 Amends 2011 budget (Special) 11-020 Electric Lightwave telecommunications franchise (Special) 11-021 Amends §§ 19.60.050, 19.60.060, 19.60.080, Ch. 19.120 and UDC Appx. A, zoning (19.60, 19.120, UDC Appx. A) 11-022 Amends § 8.05.050(A), punishment and restitution (8.05) 12-001 Amends § 20.80.030(F), boundary line adjustments/eliminations (20.80) 12-002 Amends 2012 budget (Special) 12-003 Amends § 2.50.035, nepotism (2.50) 12-004 Amends § 5.10.010; repeals § 5.20.140, business licenses and regulations (5.10) 12-005 Amends §§ 7.20.180 and 7.30.010, health and safety (7.20, 7.30) 12-006 Amends §§ 8.10.030, 8.20.050, 8.35.020, 8.35.080, 8.40.010 and 8.50.010, criminal code (8.10, 8.20, 8.35, 8.40, 8.50) 12-007 Amends §§ 19.30.010 and 19.40.120(A) and (B), zoning (19.30, 19.40) 12-008 Amends §§ 20.20.090(D), 20.20.110 and 20.80.010(C), subdivision regula- tions (20.20, 20.80) 12-009 Amends UDC Appx. A, definitions (UDC Appx. A) 12-010 Adds Ch. 5.25, alcohol advertising regu- lations (5.25) 12-011 Amends §§ 22.70.020 and 22.70.030, fencing, screening and landscaping (22.70) 12-012 Amends § 5.15.080, special event per- mits (5.15) 12-013 Amends §§ 22.110.020, 22.110.030, 22.110.040, 22.110.050 and 22.110.060, sign regulations (22.110) 12-014 Amends comprehensive plan (Special) 12-015 Amends zoning map (Special) 12-016 Amends Ch. 24.40, building codes adopted (24.40) 12-017 Coeur d’Alene Tribe of Indians telecom- munications franchise (Special) 12-018 Amends comprehensive plan (Special) 12-019 Amends zoning map (Special) 12-020 Amends § 8.25.025(F), solicitation from vehicle occupants (8.25) 12-021 Amends §§ 19.60.080 and 19.120.010, animal shelters (19.60, 19.120) 12-022 Amends § 19.120.010 and UDC Appx. A, zoning (19.120, UDC Appx. A) 12-023 Property tax levy (Special) 12-024 Adopts 2013 budget (Special) 12-025 Amends 2012 budget (Special) 12-026 Amends §§ 7.05.020, 7.05.030, 7.05.040, 7.05.050 and 7.05.060, nui- sances (7.05) 12-027 Amends §§ 17.100.030, 17.100.050, 17.100.060, 17.100.090, 17.100.120, 17.100.130, 17.100.150, 17.100.250 and 17.100.300; repeals § 17.100.040, land use enforcement (17.100) 12-028 Amends §§ 19.40.070, 19.40.080, 19.60.070 and 19.60.080, multifamily development (19.40, 19.60) 12-029 Adds Ch. 9.30, miscellaneous vehicle regulations (9.30) 13-001 Amends §§ 19.40.120, 19.40.130, 19.40.140, 19.60.010, 19.70.010 and 19.70.020, zoning (19.40, 19.60, 19.70) 13-002 Amends § 2.50.060, drug testing (2.50) 13-003 Amends Table 19.60-1 and § 19.120.010, townhouses (19.60, 19.120) 13-004 Amends §§ 21.20.040 and 24.50.030, SEPA exemption levels for new con- struction (21.20, 24.50) 13-005 Amends §§ 7.30.035, 7.30.040 and 7.30.045, animal regulations (7.30) 13-006 Amends 2013 budget (Special) 13-007 Amends § 19.40.120, manufactured homes (19.40) 13-008 Amends comprehensive plan (Special) 13-009 Amends zoning map (Special) 13-010 Amends Ch. 22.110, sign regulations (22.110) 13-011 Zayo Group telecommunications fran- chise (Special) 13-012 Amends §§ 22.60.020, 22.60.030, 22.60.040 and 22.60.050, outdoor light- ing standards (22.60) 13-013 Avista Corporation natural gas franchise (Special) 13-014 2014 tax levy (Special) Tables-9 (Revised 2/15) Spokane Valley Municipal Code Ordinance Table 13-015 Amends 2013 budget; eliminates funds 102, 304, 307 and 308 (Special) 13-016 Adopts 2014 budget; renames Funds 301 and 302 (3.10) 13-017 Right-of-way vacation (Special) 13-018 Adds Ch. 8.55, unlawful public expo- sure (8.55) 13-019 Adds § 9.10.025; amends § 9.10.150, tow operators (9.10) 13-020 Acquisition of property for Argonne Road corridor upgrades project (Special) 14-001 Right-of-way vacation (Special) 14-002 Adds Ch. 19.85; amends § 19.120.010 and UDC Appx. A, recreational mari- juana uses (Repealed by 14-008) 14-003 Amends Ch. 19.120 and UDC Appx. A, permitted and accessory uses (19.120, UDC Appx. A) 14-004 Amends §§ 19.85.010, 19.85.020 and 19.120.050, marijuana uses (Repealed by 14-008) 14-005 Amends comprehensive plan (Special) 14-006 Amends zoning map (Special) 14-007 Bond issuance (Special) 14-008 Adds Ch. 19.85; amends § 19.120.050 and UDC Appx. A; repeals Ords. 14-002 and 14-004, recreational marijuana uses (19.85, 19.120, UDC Appx. A) 14-009 Noel Communications, Inc., telecom- munications franchise (Special) 14-010 Amends Table 19.60-1 and § 19.70.010, zoning (19.60, 19.70) 14-011 2015 tax levy (Special) 14-012 Terminates solid waste collection fran- chise (Special) 14-013 Terminates solid waste collection fran- chise (Special) 14-014 Amends 2014 budget; creates solid waste fund (3.30) 14-015 Adopts 2015 budget (Special) 14-016 Amends UDC Appx. A, recreational facilities (UDC Appx. A) 14-017 Amends §§ 19.40.010, 19.60.010, 19.60.040, 19.60.050, 19.60.060, 19.60.070, 19.60.080, 19.70.010, 19.70.020 and 19.120.050, zoning (19.40, 19.60, 19.70, 19.120) 14-018 Amends §§ 22.50.020, 22.50.030 and 22.50.040, off-street parking and load- ing (22.50) 14-019 Amends § 19.40.130, manufactured home parks (19.40) 14-020 Adopts revised Shoreline Master Pro- gram to submit to Department of Ecol- ogy (Special) 14-021 Moratorium on unlicensed marijuana uses (Special) 15-001 Amends Ch. 7.30, animal regulations (7.30) INDEX PREFACE The index to the code is primarily for assisting the code user to find provisions not readily accessible through the table of contents. An index entry has been created for each section of the code. Additional entries have been made for the following topics: Bond.When a bond is required for a particular enterprise, a separate entry in the index has been created under Bonds. License.Any section requiring a license is also indexed under Licenses. Permit.Any section requiring a permit is also indexed under Permits. CROSS-REFERENCES Cross-references have been included to assist the user in finding code provisions indexed under another heading. If the index does not appear to list a topic, the code may not regulate the provision. The following kinds of cross-references appear in the index: Entry Purpose/Description Weeds See Nuisances Specific nuisances are indexed under Nuisances. See also Zoning Additional entries on the subject may appear in Zoning. Airport See Zoning The entry for Airport appears as a subheading under Zoning. Animal control officer See under Animal The entry appears as a subheading under a dif- ferent heading. See also definitions under Character generators. There are additional, and related, entries under a separate subheading under the same main heading. Cafe See Cabaret No entry for Cafe, but refers user to a related subject. An electronic version of the code may be available. For information, contact the publisher. Code Publishing Company Seattle, WA 98115 206-527-6831 Index-1 (Revised 2/15) Spokane Valley Municipal Code Alarm systems – A – Adult entertainment establishments See also Zoning Appeals 5.10.120 Definitions adult arcade device 5.10.010 adult arcade establishment 5.10.010 adult arcade station 5.10.010 adult entertainment establishment 5.10.010 applicant 5.10.010 applicant control person 5.10.010 employee 5.10.010 entertainer 5.10.010 hearing examiner 5.10.010 licensing administrator 5.10.010 liquor 5.10.010 live adult entertainment 5.10.010: live adult entertainment establishment 5.10.010 manager 5.10.010 member of the public 5.10.010 nude 5.10.010 open to the public room so that the area inside is fully and completely visible to the manager 5.10.010 operator 5.10.010 person 5.10.010 premises 5.10.010 seminude 5.10.010 sexual conduct 5.10.010 specified sexual activities 5.10.010 transfer of ownership or control 5.10.010 Existing, compliance 5.10.150 License application 5.10.040 expiration, term 5.10.100 fees 5.10.100 liquor rules 5.10.170 manager, entertainer 5.10.050 prohibitions 5.10.030 required 5.10.020 suspension, revocation 5.10.110 Premises specifications 5.10.090 Standards of conduct 5.10.080 Violation additional remedies 5.10.170 penalties 5.10.160 Advertising See Criminal code Alarm systems Administration, funding 7.20.030 Authorization to issue citations, assess service fees 7.20.180 Compliance with monitoring standards required 7.20.120 Confidentiality of alarm information 7.20.290 Definitions alarm administrator 7.20.020 alarm appeals officer 7.20.020 alarm business 7.20.020 alarm dispatch request 7.20.020 alarm installation company 7.20.020 alarm site 7.20.020 alarm system 7.20.020 alarm user 7.20.020 burglary alarm 7.20.020 call-up dialer alarm 7.20.020 chief 7.20.020 city 7.20.020 control number 7.20.020 department 7.20.020 duress alarm 7.20.020 enhanced call verification 7.20.020 false alarm response 7.20.020 government facility 7.20.020 hold-up alarm 7.20.020 independent reporting 7.20.020 monitoring 7.20.020 multi-unit complex 7.20.020 one-plus duress alarm 7.20.020 panic alarm 7.20.020 person 7.20.020 property/intrusion alarm 7.20.020 protective/reactive alarm system 7.20.020 robbery alarm 7.20.020 security alarm monitoring business 7.20.020 security alarm site 7.20.020 security alarm system 7.20.020 subscriber 7.20.020 suspend, suspension 7.20.020 unmonitored alarm system 7.20.020 verified response 7.20.020 Differentiation, reporting of alarm activations 7.20.090 Dispatch requests alarm business license required 7.20.070 cancellation 7.20.130 procedure 7.20.100 Exceptions 7.20.270 False alarms appeals authority of appeal officers 7.20.230 conflict of interest 7.20.250 organization, rules 7.20.260 procedure 7.20.220 selection, qualification, removal of appeal officers 7.20.240 awareness classes 7.20.210 cost recovery fees 7.20.160 Alcohol advertising (Revised 2/15)Index-2 suspension of registration 7.20.200 Fees alarm registration, enforcement 7.20.310 processing 7.20.190 Installation, monitoring company duties 7.20.110 Intent 7.20.010 Liability of police department 7.20.300 Prohibited devices 7.20.140 Public schools 7.20.280 Registration required 7.20.040 terms, fees 7.20.050 User responsibilities 7.20.060 Verified response required when 7.20.080 Violation, penalty 7.20.150 Alcohol advertising Regulations 5.25.010 Alcoholic beverage control See under Criminal code Animal regulations See also Criminal code; Zoning County provisions adopted 7.30.010 copy available 7.30.020 Dogs See Dogs Antique stores See Zoning Architectural and engineering services Definitions architectural and engineering services 3.45.005 city manager 3.45.005 consultant 3.45.005 person 3.45.005 Limitations 3.45.030 Procurement 3.45.020 Selection procedure 3.45.010 Assault See Criminal code Assessment reimbursement agreements Application 3.75.040 Authorization 3.75.020 Contract finality 3.75.070 Execution, recording 3.75.060 Fee 3.75.110 Notice, hearing 3.75.050 Reimbursement 3.75.030 Release of assessments 3.75.100 Tender of charges 3.75.090 Title to improvements, benefit assignment 3.75.080 Traffic impact mitigation 3.75.010 Assisted living facilities See Zoning Auditing officer Appointment 2.35.010 – B – Banks See Zoning Bed and breakfasts See Zoning Begging See Aggressive begging under Criminal code Bidding See Contract purchases Boats See also Water safety regulations Building, repair and maintenance See Zoning Sales, service See Zoning Bond fund See also Funds Created 3.30.090 Bonds City officers, employees 2.40.020 Special events 5.15.060 Breweries See Zoning Building codes See also Uniform development code Adoption applicability, effect 24.40.010 authority 24.10.010 specific codes 24.40.020 Amendments 24.40.030, 24.40.040 Appeals 24.30.010 International code adopted 24.40.020 amendments 24.40.030, 24.40.040 Purpose of provisions 24.20.010 Building official Appeals 24.30.010 Responsibilities 18.40.010 Business registration Application 5.05.040 Definitions business 5.05.010 city 5.05.010 engaging in business 5.05.010 person 5.05.010 tax year 5.05.010 Exemptions 5.05.030 Required 5.05.020 Term, fee 5.05.050 Transferability, sale of business 5.05.060 Violation, penalty 5.05.070 – C – Cable code Abandonment of facilities 3.65.260 Advisory board 3.65.300 Construction restoration after 3.65.180 standards 3.65.170 Customer service standards 3.65.290 Index-3 (Revised 5/14) Spokane Valley Municipal Code City manager Definitions basic cable service 3.65.010 Cable Act 3.65.010 cable advisory board 3.65.010 cable service 3.65.010 cable system 3.65.010 channel 3.65.010 city 3.65.010 city manager 3.65.010 complaint 3.65.010 construction, construct 3.65.010 facility, facilities 3.65.010 FCC 3.65.010 franchise 3.65.010 franchise area 3.65.010 grantee 3.65.010 gross revenues 3.65.010 lockout device 3.65.010 maintenance, maintain 3.65.010 noncommercial 3.65.010 normal business hours 3.65.010 normal operating conditions 3.65.010 PEG 3.65.010 person 3.65.010 premium service 3.65.010 public property 3.65.010 public works director 3.65.010 right-of-way 3.65.010 service 3.65.010 service interruption 3.65.010 service tier 3.65.010 standard installation 3.65.010 subscriber 3.65.010 system 3.65.010 video programming 3.65.010 Emergency response 3.65.200 Environmental protection 3.65.220 Franchise competitive equity 3.65.060 conflict with city ordinances, regulations 3.65.310 exclusivity 3.65.030 fee 3.65.050 issuance 3.65.040 required 3.65.020 revocation 3.65.380 sale conditions 3.65.390 transferability 3.65.400 Hazardous substances 3.65.210 Indemnification of city 3.65.320 Institutional network connections 3.65.130 Insurance 3.65.330 Least interference 3.65.160 Maps, books, records 3.65.270 Movement, relocation of facilities 3.65.230 Obstruction permits required 3.65.190 Parental control 3.65.140 PEG, local programming 3.65.120 Performance bond 3.65.340 Programming 3.65.100 Rates 3.65.110 Recovery of costs 3.65.150 Remedies to enforce compliance 3.65.350 Reports 3.65.280 Service 3.65.090 System specifications 3.65.080 Taxes 3.65.070 Tree trimming 3.65.240 Vacation 3.65.250 Violation hearings 3.65.370 liquidated damages 3.65.360 Carwashes See Zoning Casinos See Zoning Cemeteries See Zoning CenterPlace operating reserve fund See also Funds Created 3.30.180 Chief of police Appointment 2.30.030 Bond 2.40.020 Duties 2.30.020 Office created 2.30.010 Qualifications 2.30.040 Salary 2.30.050 Churches See Zoning City attorney Appointment 2.25.010 Contract for legal services 2.25.040 Duties 2.25.020 Office created 2.25.010 Qualifications 2.25.030 City clerk Appointment 2.20.010 Bond 2.40.020 Duties 2.20.020 Office created 2.20.010 Qualifications 2.20.030 Salary 2.20.040 City logo See Logo City manager Appointment 2.15.010 Bond 2.40.020 Creation, elimination of departments and positions 2.15.040 Duties, powers, responsibilities 2.15.020 Office established 2.15.010 Personnel authority 2.15.030 City officers, employees (Revised 5/14)Index-4 Removal from office 2.15.050 Residency requirement 2.15.070 Salary 2.15.060 City officers, employees See also City offices, services; Personnel policies Bonds 2.40.020 Credit cards defined 2.65.010 issuance, use, control 2.65.020 Legal representation claims pending 2.70.100 representation, payment 2.70.050 conditions effect of compliance 2.70.060 failure to comply 2.70.070 conflict with insurance provisions 2.70.090 definitions employee 2.70.010 official 2.70.010 exclusions designated 2.70.030 determination 2.70.040 punitive damages 2.70.110 reimbursement of incurred expenses 2.70.080 requirements 2.70.020 Oath 2.40.010 City offices, services See also City officers, employees Fees 3.60.010 Holidays 2.60.010 Hours 2.05.010 City seal Adopted 1.05.020 Custodian 1.05.030 Design 1.05.010 Civic building fund See also Funds Created 3.30.190 Claims, obligations Payment 3.55.010 Code Adopted 1.01.010 Codification authority 1.01.040 Definitions city 1.01.070 city council 1.01.070 city manager 1.01.070 county 1.01.070 may 1.01.070 mayor 1.01.070 must 1.01.070 oath 1.01.070 shall 1.01.070 written 1.01.070 Grammatical interpretation 1.01.080 Noncharter city status 1.01.050 Recordation 1.01.060 Reference to amendments 1.01.030 Title, citation, reference 1.01.020 Violation, penalties civil infraction system adopted 1.10.040 criminal, civil 1.10.010 nuisance 1.10.030 prosecution 1.10.050 separate offenses 1.10.020 Community development department Responsibilities 18.30.010 Commute trip reduction Appeals 10.20.320 Applicability 10.20.250 CTR goals 10.20.240 CTR plan 10.20.230 CTR program, review, reports 10.20.280 Definitions affected employee 10.20.220 affected employer 10.20.220 affected employer worksite 10.20.220 alternative mode 10.20.220 alternative work schedules 10.20.220 base year 10.20.220 base year survey 10.20.220 baseline measurement 10.20.220 carpool 10.20.220 commute trip vehicle miles traveled per employee 10.20.220 commute trips 10.20.220 compressed work week 10.20.220 CTR 10.20.220 CTR program 10.20.220 custom bus/buspool 10.20.220 dominant mode 10.20.220 drive alone 10.20.220 drive-alone rate 10.20.220 drive-alone trips 10.20.220 employee transportation coordinator (ETC) 10.20.220 employer 10.20.220 exemption 10.20.220 flex-time 10.20.220 full-time employee 10.20.220 good faith effort 10.20.220 implementation 10.20.220 major employer 10.20.220 major employer worksite 10.20.220 major employment installation 10.20.220 mode 10.20.220 notice 10.20.220 Index-5 (Revised 5/14) Spokane Valley Municipal Code Criminal code peak period 10.20.220 peak period trip 10.20.220 proportion of drive-alone trips 10.20.220 ride matching service 10.20.220 single-occupant vehicle (SOV) 10.20.220 single worksite 10.20.220 telecommuting 10.20.220 teleworking 10.20.220 transit 10.20.220 transportation management association (TMA) 10.20.220 vanpool 10.20.220 vehicle miles traveled (VMT) per employee 10.20.220 week 10.20.220 weekday 10.20.220 worksite 10.20.220 writing, written, in writing 10.20.220 Employer requirements 10.20.260 Enforcement 10.20.300 Exemptions, goal modifications 10.20.310 Purpose, intent 10.20.210 Record keeping 10.20.270 Responsible department 10.20.330 Transportation management effort recognition 10.20.290 Conditional use permits See Zoning Contract purchases See also Small works roster Administration 3.40.020 Authority 3.35.010 Competitive bidding exemptions 3.40.050 procedure 3.40.040 Definitions adequate appropriation balance 3.40.010 bid 3.40.010 bid bond 3.40.010 bidder 3.40.010 bidding 3.40.010 capital equipment 3.40.010 change orders and requests for additional work 3.35.005 city manager 3.35.005, 3.40.010 city property 3.40.010 contractual services 3.40.010 purchase 3.40.010 purchase order 3.40.010 purchasing agent 3.40.010 requisition 3.40.010 responsible bidder 3.40.010 Disposition of city property 3.40.070 Prohibited practices 3.40.060 Rules, policy 3.35.050 Controlled substances See Criminal code Convalescent homes See Zoning Convenience stores See Zoning Council Salary levels established 2.10.010 Credit cards See under City officers, employees Criminal code Aggressive begging 8.25.020 Alcoholic beverage control opening, consuming in public place 8.20.020 statutes adopted by reference 8.20.010 City criminal jurisdiction 8.05.030 Classes of crimes 8.05.040 Disorderly conduct 8.25.030 Firearms discharge prohibited 8.45.010 state provisions adopted by reference 8.45.020 Limitation of action 8.05.060 Noise disturbance 8.25.060 Observance of state law 8.05.110 Preliminary statement 8.05.010 Proof beyond reasonable doubt 8.05.070 Punishment, restitution 8.05.050 Public exposure affirmative defenses 8.55.040 definitions expose or exposure 8.55.010 full and opaque covering 8.55.010 prohibited body parts 8.55.010 public place 8.55.010 exceptions 8.55.030 penalties, enforcement 8.55.050 unlawful, facilitated 8.55.020 Purposes 8.05.020 Solicitation from vehicle occupants 8.25.025 Statutes adopted by reference abandoned refrigeration equipment 8.30.010 advertising 8.35.010 animals 8.20.030 anticipatory offenses 8.25.010 assault 8.15.010 certified copies to court 8.05.130 competitive bidding 8.35.020 controlled substances 8.20.050 copies available 8.05.120 corporations 8.35.030 custodial interference 8.15.020 defenses 8.05.100 domestic violence 8.15.030 drug paraphernalia 8.20.040 false representations 8.35.040 false swearing, tampering 8.10.010 fire alarms 8.10.020 flags 8.10.030 Department of public safety (Revised 5/14)Index-6 fraud 8.35.050 gambling offenses 8.20.060 general provisions 8.05.080 harassment 8.15.040 inhaling toxic fumes 8.20.070 interference with healthcare facilities, providers 8.30.020 juries 8.10.040 lasers 8.45.030 littering, pollution 8.30.030 miscellaneous crimes 8.50.010 misconduct in signing petition 8.10.050 obstructing governmental operation 8.10.060 official misconduct 8.10.070 principles of liability 8.05.090 prostitution 8.20.080 public disturbance 8.25.040 public nuisances 8.25.050 reckless burning 8.30.040 sexual offenses 8.20.090 sexual offenses relative to minors 8.40.010 telephone credit cards 8.35.060 theft, possession of stolen property 8.35.070 trademarks, other marks 8.35.080 trespassing, prowling 8.30.050 violating privacy rights 8.15.050 Urinating in public 8.20.100 Vehicles resembling police, fire vehicles 8.10.080 Critical areas See under Environmental controls – D – Day care See Zoning Department of public safety Director duties 2.45.040 position established 2.45.030 Established 2.45.020 Purpose 2.45.010 Rules, policy 2.45.050 Department stores See Zoning Disorderly conduct See under Criminal code Dogs Dangerous declaration 7.30.035 registration 7.30.045 Potentially dangerous 7.30.040 Domestic violence See Criminal code Drug paraphernalia See Criminal code Drug stores See Zoning Drugs See Controlled substances under Criminal code – E – Electronic cigarettes Conflict with state, federal law 7.40.090 Coupon redemption 7.40.040 Definitions e-cigarette 7.40.020 electronic cigarette 7.40.020 liquid nicotine 7.40.020 minor 7.40.020 person 7.40.020 Mechanical sales 7.40.070 Minors purchase 7.40.050 sampling, sales 7.40.030 Prohibition signage, identification required 7.40.060 Purpose, intent 7.40.010 Violation, penalties 7.40.080 Energy code See also Building codes Adopted 24.40.020 Amendments 24.40.030 Engineering services See Architectural and engineering services Environmental controls See also Uniform development code Critical areas critical aquifer recharge areas 21.40.060 fish, wildlife habitat conservation areas 21.40.030 geologically hazardous areas 21.40.050 habitat buffer area adjustment 21.40.040 purpose of provisions 21.40.010 reasonable use determination 21.40.070 wetlands 21.40.020 Floodplain regulations abrogation, greater restrictions 21.30.040 additional requirements 21.30.100 administration 21.30.070 areas of special flood hazard 21.30.020 compliance, enforcement 21.30.030 critical facilities 21.30.110 flood hazard reduction 21.30.090 interpretation 21.30.050 liability disclaimer 21.30.060 purpose, applicability 21.30.010 variances 21.30.080 Purpose of provisions 21.10.010 SEPA appeals 21.20.150 categorical exemptions 21.20.040 commenting 21.20.130 decisions 21.20.150 definitions 21.20.160 Index-7 (Revised 2/15) Spokane Valley Municipal Code Gambling environmental checklist 21.20.050 environmental impact statement preparation 21.20.120 required when 21.20.110 existing environmental documents 21.20.140 forms 21.20.170 lead agency determination 21.20.030 purpose of provisions 21.20.010 responsible official designated 21.20.020 threshold determination determination of nonsignificance 21.20.070 determination of significance 21.20.100 mitigated determination of nonsignificance 21.20.080 optional DNS process 21.20.090 required when 21.20.060 Shoreline management See Shoreline management State Environmental Policy Act See SEPA Equipment rental and replacement fund See also Funds Established, use 3.30.060 Espresso, latte stands See Zoning Essential public facilities See Zoning Excavation, fill, grading See Land disturbing activities Existing building code See also Building codes Adopted 24.40.020 Amendments 24.40.030 – F – False alarms See Alarm systems Fee See Specific Fee Resolution See City offices, services Finance director Bond 2.40.020 Financial institutions See Zoning Fire alarms See Alarm systems; Criminal code Fire code See also Building codes Adopted 24.40.020 Amendments 24.40.030, 24.40.040 Firearms See under Criminal code Fireworks Definitions 7.15.010 Display, special use 7.15.040 Intent 7.15.020 Permit application 7.15.050 fees 7.15.060 Sale, possession, use 7.15.030 Seizure 7.15.070 Violation, penalty 7.15.080 Floodplain regulations See under Environmental controls Florist shops See Zoning Fraud See Criminal code Fuel gas code See also Building codes Adopted 24.40.020 Amendments 24.40.030 Funds See also Specific Fund Bond fund 3.30.090 CenterPlace operating reserve fund 3.30.180 Civic building fund 3.30.190 Equipment rental and replacement fund 3.30.060 General fund 3.30.010 General fund petty cash 3.30.030 Hotel/motel tax fund 3.20.020 Mirabeau Point capital projects fund 3.30.100 Operating reserve account 3.30.110 Parks capital improvement fund 3.30.150 Project funds 3.30.100 REET 1 capital projects fund 3.10.080 REET 2 capital projects fund 3.10.170 Risk management fund 3.30.070 Service level stabilization reserve fund 3.30.160 Solid waste fund 3.30.230 Street capital improvements 2011+ fund 3.30.210 Street capital projects fund A 3.30.100 Street capital projects fund B 3.30.200 Street fund 3.30.020 Tourism-promotion fund 3.20.020 Trails and paths fund 3.30.080 Winter weather reserve fund 3.30.170 – G – Gambling Offenses See Criminal code Tax administration, collection 3.25.050 charitable, nonprofit organization exemption 3.25.030 definitions 3.25.010 delinquent, lien 3.25.060 imposed 3.25.020 inspection, audit of premises, paraphernalia, books, records 3.25.090 late penalty, interest 3.25.070 notice of intention to engage in gambling 3.25.080 payment 3.25.040 violation, penalty 3.25.100 Garbage (Revised 2/15)Index-8 Garbage Nuisance prohibited 7.05.040 General fund See also Funds Established, use 3.30.010 General fund petty cash account See also Funds Established, use 3.30.030 Gift shops See Zoning Golf courses See Zoning Grading See Land disturbing activities Greenhouses, nurseries, garden centers See Zoning Grocery stores See Zoning – H – Harassment See Criminal code Hardware stores See Zoning Hazardous waste treatment and storage See Zoning Hearing examiner Appointment 18.20.020 Authority 18.20.010 Conflict of interest 18.20.060 Ex parte communications 18.20.050 Powers, duties 18.20.030 Removal 18.20.040 Scheduling, rules of conduct UDC Appendix B Historic building code See also Building codes Adopted 24.40.020 Amendments 24.40.030 Holidays See under City offices, services Hospitals See Zoning Hotels See Zoning Hotel/motel tax fund See also Funds; Transient occupancy tax Created 3.20.020 – I – Independent salary commission Adjustment 2.10.010 Created, operation, responsibilities 2.10.020 Inhaling toxic fumes See Criminal code Initiative and referendum Powers adopted 1.02.010 – J – Juries See Criminal code – K – Kennels See Zoning – L – Laboratories See Zoning Land disturbing activities Generally 24.50.010 Grading permit engineered 24.50.030 exemptions 24.50.020 regular 24.50.040 Grubbing, clearing permit 24.50.050 Severability 24.50.060 Landscape materials sales See Zoning Lasers See Criminal code; Weapons Leasehold excise tax Administration, collection 3.15.040 Adoption of other laws 3.15.050 Exemptions 3.15.030 Levied 3.15.010 Rate 3.15.020 Violation, penalty 3.15.060 License See also Business registration Adult entertainment establishments generally 5.10.020 managers, entertainers 5.10.050 Littering, pollution See Criminal code Lodging tax advisory committee See under Transient occupancy tax Logo Definitions city logo 1.06.020 logo 1.06.020 Legislative findings 1.06.010 Official use 1.06.030 Permitted use 1.06.050 Violation, penalty 1.06.040 – M – Machine shops See Zoning Manufactured homes See Zoning Marijuana See Zoning Mayor Salary levels established 2.10.010 Mechanical code See also Building codes Adopted 24.40.020 Amendments 24.40.030 Medical clinics, offices See Zoning Mirabeau Point capital projects fund See also Funds; Project funds Created 3.30.100 Motels See Zoning Spokane Valley Municipal Code Pawnbrokers Index-9 (Revised 5/14) Motorized personal transportation devices See also Vehicles Applicability of traffic laws 9.20.050 Dealer notice 9.20.060 Definitions approved bicycle helmet 9.20.010 approved motorcycle helmet 9.20.010 modified or enhanced 9.20.010 motorized foot scooter 9.20.010 motorized personal transportation device 9.20.010 motorized skateboard 9.20.010 street 9.20.010 Duty to obey rules of the road 9.20.020 Operation requirements 9.20.030 Prohibited areas 9.20.040 Violation, penalty 9.20.070 – N – Noise disturbance See under Criminal code Nonconforming uses, structures See Zoning Nuisances Compliance, authority, administration 7.05.030 Definitions abate 7.05.020 city 7.05.020 code compliance officer 7.05.020 days 7.05.020 determination of compliance 7.05.020 director 7.05.020 found in violation 7.05.020 graffiti 7.05.020 hearing examiner 7.05.020 impound 7.05.020 inoperable 7.05.020 junk vehicle 7.05.020 mitigate 7.05.020 nuisance 7.05.020 person 7.05.020 person responsible for a nuisance violation 7.05.020 person(s) responsible for a junk vehicle nuisance violation 7.05.020 remediate 7.05.020 vehicle 7.05.020 Initial investigation 7.05.050 Prohibited 7.05.040 Purpose, intent 7.05.010 Violation identification, procedure 7.05.060 Nursing homes See Zoning – O – Obstructing governmental operation See Criminal code Offices See Zoning Operating reserve account See also Funds Created 3.30.100 – P – Panhandling See Aggressive begging under Criminal code Parades See Special events Parks Administrative sanctions 6.05.110 Definitions alcoholic beverages 6.05.010 camping 6.05.010 city 6.05.010 department 6.05.010 department employee 6.05.010 director 6.05.010 facility, facilities 6.05.010 liquor 6.05.010 motor vehicle 6.05.010 open space, trails or parks 6.05.010 person 6.05.010 trail 6.05.010 Hours of operation 6.05.030 Policies, rules 6.05.120 Purpose 6.05.020 Rules, regulations designated 6.05.070 violation a misdemeanor 6.05.090, 6.05.100 violation an infraction 6.05.080 Sale of goods, services 6.05.060 Special event permits 6.05.050 Use of facilities 6.05.040 Parks capital improvement fund See also Funds Created 3.30.150 Pawnbrokers Age restrictions 5.20.020 Defined 5.20.010 License application 5.20.120 period, issuance 5.20.030 Lost, stolen property 5.20.100 Pawn tickets 5.20.070 Police department duties 5.20.090 Records inspection, maintenance 5.20.050 provided to police department 5.20.060 Permits (Revised 5/14)Index-10 required 5.20.040 Sale of property, time limit 5.20.080, 5.20.110 Violation, misdemeanor 5.20.130 Permits Parks 6.05.050 Signs 22.110.030 Special events 5.15.020 Personnel policies See also City officers, employees Conflict of interest 2.50.045 Drug testing 2.50.060 Employee classification 2.50.070 Equal employment opportunity 2.50.020 Human resources system established 2.50.010 Nepotism 2.50.035 Nondiscrimination 2.50.030 Overtime, compensatory time off 2.50.090 Retirement 2.50.110 Salary plan, hiring rate 2.50.080 Sexual harassment 2.50.040 Social Security, Medicare 2.50.100 Travel policies, procedures 2.50.120 Violence in workplace 2.50.055 Whistleblowing, reporting improper governmental action 2.50.050 Planned residential developments See Zoning Planning commission Duties, responsibilities 18.10.050 Established, purpose 18.10.010 Meetings 18.10.030 Membership 18.10.020 Staff support 18.10.040 Plumbing code See also Building codes Adopted 24.40.020 Amendments 24.40.030 Print shops See Zoning Project funds See also Funds; Mirabeau Point capital projects fund; Street capital projects fund A Created 3.30.100 Property maintenance code See also Building codes Adopted 24.40.020 Amendments 24.40.030, 24.40.040 Prostitution See Criminal code Public disturbance See Criminal code Public exposure See under Criminal code Public records Authority, purpose 2.75.010 Availability 2.75.030 Costs for providing 2.75.070 Exemptions 2.75.060 Officer 2.75.020 Requests denials, review 2.75.080 processing 2.75.040 Public works department Responsibilities 18.50.010 Purchasing procedures See Contract purchases; Small works roster – R – Racetracks See Zoning Real estate sales tax Additional collection 3.10.110 county treasurer duties 3.10.140 imposed, rate, use 3.10.100 lien on real property 3.10.130 payment due 3.10.150 refunds 3.10.160 seller’s obligation 3.10.120 special capital projects fund created 3.10.170 violation, penalty 3.10.180 Capital projects fund created 3.10.080 Collection 3.10.020 County treasurer’s duties 3.10.050 Imposed, rate, use 3.10.010 Lien on real property 3.10.040 Payment due 3.10.060 Refunds 3.10.070 Seller’s obligation 3.10.030 Violation, penalty 3.10.090 Reckless burning See Criminal code Recreational facilities See Zoning Recreational vehicles See Zoning REET 1 capital projects fund See also Funds Created 3.10.080 REET 2 capital projects fund See also Funds Created 3.10.170 Residential code See also Building codes Adopted 24.40.020 Amendments 24.40.030, 24.40.040 Restaurants See Zoning Rights-of-way See Design, development standards under Uniform development code Risk management fund See also Funds Established, use 3.30.070 Spokane Valley Municipal Code Stormwater management Index-11 (Revised 2/15) – S – Salary commission See Independent salary commission Sales and use tax Additional administration, collection 3.05.060 imposed 3.05.050 inspection of records 3.05.070 violation, penalty 3.05.080 Administration, collection 3.05.020 Imposed 3.05.010 Inspection of records 3.05.030 Violation, penalty 3.05.040 Schools See Zoning Seal See City seal SEPA See under Environmental controls Service level stabilization reserve fund See also Funds Created 3.30.160 Sexual offenses See Criminal code Scooters, skateboards See Motorized personal transportation devices Shopping centers See Zoning Shoreline management See also Environmental controls Shoreline master program adopted 21.50.010 Signs Aesthetic corridors 22.110.080 Area calculation 22.110.100 Billboards 22.110.130 Comprehensive sign plan 22.110.070 Generally 22.110.060 Location, front setbacks 22.110.090 Maintenance 22.110.110 Nonconforming 22.110.120 Permit required 22.110.030 Prohibited 22.110.020 Purpose of provisions 22.110.010 Regulations generally 22.110.040 Temporary 22.110.050 Small works roster See also Contract purchases Established 3.50.010 Maintenance 3.50.030 Separate rosters created 3.50.020 Use 3.50.040 Smoking See Electronic cigarettes Solicitation See Criminal code Solid waste fund See also Funds Established, use 3.30.230 Solid waste recycling, transfer sites See Zoning Special events Appeals 5.15.100 Bond 5.15.060 Definitions applicant 5.15.010 city manager 5.15.010 parade 5.15.010 private event 5.15.010 public property 5.15.010 run 5.15.010 special event 5.15.010 street dance 5.15.010 street, streets 5.15.010 Insurance 5.15.070 Permit application contents 5.15.040 filing 5.15.050 exceptions 5.15.035 fee 5.15.030 issuance 5.15.080 required 5.15.020 revocation, suspension 5.15.110 Rules, policies 5.15.120 Traffic control 5.15.090 Violation, penalty 5.15.130 Storm and surface water utility Charge administrative adjustments 3.80.080 billing, payment, collection 3.80.060 delinquent, lien 3.80.070 exemptions 3.80.050 imposed 3.80.030 Definitions developed parcel 3.80.020 impervious surface 3.80.020 parcel 3.80.020 right-of-way 3.80.020 Entry of premises 3.80.040 Established 3.80.010 Management cooperation 3.80.090 Stormwater management Activities regulated 22.150.020 Approval conditions 22.150.060 Authority 22.150.030 Deviations, appeals 22.150.070 Enforcement 22.150.130 Facility construction, certification 22.150.080 Failure to comply 22.150.120 Findings, purpose 22.150.010 Inspections 22.150.090 Property owner responsibilities 22.150.100 Public drainage facilities 22.150.110 Review process 22.150.050 Stormwater utility fund (Revised 2/15)Index-12 Standards 22.150.040 Stormwater utility fund See also Funds Established 3.30.220 Street capital improvements 2011+ fund See also Funds Established 3.30.210 Street capital projects fund A See also Funds; Project funds Created 3.30.100 Street capital projects fund B See also Funds Established 3.30.200 Street fund See also Funds Established, use 3.30.020 Street vacations Cost of title 22.140.110 Council compliance to conditions 22.140.080 decision 22.140.040 Initiation 22.140.020 Monumentation 22.140.100 Ordinance recording 22.140.070 Planning commission review, recommendation 22.140.030 Purpose of provisions 22.140.010 Record of survey 22.140.090 Waterfront streets 22.140.050 Zoning district designation application 22.140.060 Subdivisions See also Uniform development code Adoption authority 20.10.010 Approval findings required 20.20.100 Approval required prior to recordation 20.20.040 Attached single-family 20.20.110 Boundary line adjustments/eliminations application, drawing requirements 20.80.030 recordation 20.80.040 review process 20.80.020 scope 20.80.010 Design requirements 20.20.090 Exemptions 20.20.020 Final alterations application 20.60.010 notice requirements, final plats 20.60.020 notice requirements, final short plats 20.60.030 binding site plan lot establishment 20.60.040 filing 20.40.030 phasing 20.40.050 plat contents 20.40.020 recordation 20.40.035 submittal 20.40.010 surety in lieu of completion 20.40.040 Legal lots required 20.20.030 Monumentation 20.20.070 Plat vacation application 20.70.010 process 20.70.020 Preliminary alterations application 20.50.010 notice requirements 20.50.020 application contents 20.30.020 pre-application meeting 20.30.010 processing 20.30.030 approval expiration 20.30.050 plan distribution 20.30.040 time extensions 20.30.060 Purpose of provisions 20.20.010 Sale, lease, transfer of lots 20.20.050 Surveyor required 20.20.080 Vertical datum 20.20.060 – T – Taverns See Zoning Tax See Specific Tax Temporary use permits See Zoning Theaters See Zoning Theft, possession of stolen property See Criminal code Tourism-promotion fund See under Funds; Transient occupancy tax Towing See under Traffic Townhouses See Zoning Traffic Adoption of other laws 9.05.040 Model traffic ordinance adopted 9.05.010 copy 9.05.020 Motorized personal transportation devices See Motorized personal transportation devices Speed limits 9.05.030 Towing compliance with laws, rules, regulations 9.10.080 definitions chief of police 9.10.020 city 9.10.020 city-authorized tower 9.10.020 impound 9.10.020 police 9.10.020 police department 9.10.020 police-initiated impound 9.10.020 Spokane Valley Municipal Code Traffic Index-12.1 (Revised 2/15) private impound 9.10.020 registered tow truck operator 9.10.020 tow truck 9.10.020 (Revised 2/15)Index-12.2 This page intentionally left blank. Spokane Valley Municipal Code Uniform development code Index-13 (Revised 5/14) driver requirements 9.10.110 fees 9.10.130 intent 9.10.010 no vested rights for police impounds 9.10.140 private impounds 9.10.125 proof of insurance 9.10.050 registration application 9.10.040 hearings, appeals 9.10.070 required 9.10.030 suspension, revocation 9.10.060 secure storage facility 9.10.090 soliciting business 9.10.120 towers for police impounds 9.10.100 violation, penalty 9.10.150 Traffic impact mitigation See under Assessment reimbursement agreements Trails and paths fund See also Funds Established, use 3.30.080 Transient occupancy tax Administration, collection 3.20.030 Definitions buyer 3.20.010 consumer 3.20.010 seller 3.20.010 selling price 3.20.010 Imposed 3.20.010 Lodging tax advisory committee 3.20.040 Tourism-promotion fund created 3.20.020 Violation, penalty 3.20.050 Transit centers See Zoning Travel policies, procedures See under Personnel policies Trespassing, prowling See Criminal code – U – Uniform development code See also Building codes; Environmental controls; Subdivisions; Zoning Adoption authority 17.10.010 Appeals city council procedures 17.90.090, UDC Appendix C process 17.90.080 time, contents 17.90.070 decision effective dates 17.90.020 generally 17.90.010 hearing examiner procedures 17.90.060 process 17.90.050 time, contents 17.90.040 standing 17.90.030 Application 17.30.010 Building official See Building official Community development director See Community development director Comprehensive plan implementation 17.60.010 Conformance required 17.30.010 Definitions UDC Appendix A Design, development standards authority 22.10.010 concurrency application procedures 22.20.040 conflicts between provisions 22.20.070 determination 22.20.010 phased development 22.20.060 pre-application determinations 22.20.030 relation to other requirements 22.20.050 review 22.20.020 transportation 22.20.080 water, sewer 22.20.090 development transportation improvements authority to develop, administer standards 22.130.030 compliance required 22.130.020 future acquisition areas 22.130.080 improvements, dedications 22.130.070 interim conditional use permit 22.130.090 liability 22.130.110 Manual on Uniform Traffic Control Devices 22.130.050 project, permit review process 22.130.060 purpose of provisions 22.130.010 right-of-way permit, use requirements 22.130.100 street standards 22.130.040 fencing general provisions 22.70.020 purpose of provisions 22.70.010 off-street parking, loading bicycle parking 22.50.040 landscaping 22.50.050 off-street loading 22.50.030 purpose 22.50.010 vehicle parking 22.50.020 outdoor lighting application 22.60.020 exceptions 22.60.050 prohibited lights 22.60.040 purpose of provisions 22.60.010 requirements 22.60.030 temporary 22.60.060 screening, buffering purpose of provisions 22.70.010 types, requirements 22.70.030 signs See Signs Utility tax (Revised 5/14)Index-14 wireless communication facilities See Wireless communication facilities Enforcement abatement fund 17.100.330 procedures 17.100.320 administration 17.100.030 authority 17.100.030 civil penalties assessment schedule 17.100.250 community service 17.100.270 compliance 17.100.260 critical areas 17.100.290 waivers 17.100.280 collection agency use 17.100.310 compliance determination 17.100.090 cost recovery 17.100.300 Growth Management Act relationship 17.100.020 notice and order abatement 17.100.200 administrative conference 17.100.170 authority 17.100.130 contents 17.100.150 effect 17.100.140 modifications 17.100.160 permit denial 17.100.190 permit limitation, suspension 17.100.180 revocation 17.100.180 service 17.100.060 petition 17.100.340 procedure adoption 17.100.070 procedures 17.100.050 purpose of provisions 17.100.010 stop work order authority 17.100.210 civil penalties 17.100.230 criminal penalties 17.100.240 effect 17.100.220 violation See also civil penalties penalty schedule 17.100.250 responsibility of person violating 17.100.080 voluntary compliance agreement authority 17.100.100 contents 17.100.110 failure to meet terms 17.100.120 Fees 17.110.010 Fencing See under Design, development standards Hearing examiner See Hearing examiner Interpretation appeal 17.50.020 procedure 17.50.010 Liability 17.20.020 Landscaping See under Design, development standards Off-street parking, loading See under Design, development standards Penalty schedule 17.110.010 Permit processing applications area-wide rezones 17.80.140 classification 17.80.030 counter-complete determination 17.80.090 decision authority 17.80.060 development agreements 17.80.140 final decisions 17.80.130 fully complete determination 17.80.100 notice requirements 17.80.110 required procedures 17.80.070 requirements 17.80.050 types 17.80.020 comprehensive plan amendments 17.80.140 consolidated review 17.80.160 exempt activities 17.80.040 pre-application conference 17.80.080 public hearings 17.80.120 purpose, applicability 17.80.010 rezones 17.80.140 text amendments 17.80.150 Planning commission See Planning commission Public works director See Public works director Purpose of provisions 17.20.010 Rules of construction generally 17.40.010 specific 17.40.020 Severability 17.70.010 Violation, penalty 17.30.010 Urinating in public See under Criminal code Utility tax Appeal procedure 3.70.120 Deductions 3.70.060 Definitions books and records 3.70.070 call by call basis 3.70.010 cellular telephone service 3.70.010 city manager 3.70.010 competitive telephone service 3.70.010 gross income 3.70.010 pager service 3.70.010 person, persons 3.70.010 service address 3.70.010 tax year, taxable year 3.70.010 taxpayer 3.70.010 telephone business 3.70.010 Delinquency, unlawful acts 3.70.080 Income allocation 3.70.030 Levied, rate 3.70.020 Spokane Valley Municipal Code Zoning Index-15 (Revised 2/15) Over, underpayment 3.70.130 Quitting, selling, transferring business 3.70.090 Rate changes 3.70.110 Record retention requirements 3.70.070 Remittance 3.70.040 Revenue use designated 3.70.140 Tax not exclusive 3.70.100 Taxpayer engaged in more than one business 3.70.050 – V – Variances See Zoning Vehicles See Motorized personal transportation devices; Traffic Definitions commercial vehicle 9.30.020 local delivery 9.30.020 residential area 9.30.020 residential street 9.30.020 trailer 9.30.020 vehicle 9.30.020 Excessive audio system noise 9.30.050 Idling of commercial vehicles in residentially zoned areas 9.30.060 Liability of owner for violations 9.30.040 “No Trucks” signs 9.30.030 Operating refrigeration units on certain vehicles in residentially zoned areas 9.30.070 Purpose, authority 9.30.010 Violation, penalty 9.30.080 Veterinaries See Zoning – W – Warehouses See Zoning Wastewater pretreatment Standards adopted 22.160.010 Water safety regulations Buoys 7.25.080 Definitions buoy 7.25.020 buoy line 7.25.020 motorboat 7.25.020 moving water 7.25.020 operate 7.25.020 personal flotation device 7.25.020 personal watercraft 7.25.020 shoreline 7.25.020 underway 7.25.020 vessel 7.25.020 wake speed 7.25.020 water skiing 7.25.020 waterway 7.25.020 Hazards to navigation 7.25.090 Intent 7.25.010 Motorized vehicles prohibited area 7.25.100 Operator age requirements 7.25.070 Personal flotation device required 7.25.030 Provisions additional 7.25.130 Scuba diving 7.25.050 Speed restrictions 7.25.040 Violations civil infraction 7.25.120 misdemeanor 7.25.110 Water skiing 7.25.060 Weapons See also Criminal code Fireams discharge prohibited 8.45.010 state statute adopted 8.45.020 Lasers 8.45.030 Wineries See Zoning Winter weather reserve fund See also Funds Created 3.30.170 Wireless communication facilities Design standards 22.120.040 Landscaping 22.120.050 Permits, exemptions 22.120.020 Purpose of provisions 22.120.010 Required application submittals 22.120.030 – Z – Zoning See also Uniform development code Accessory uses explanation of table abbreviations 19.120.040 generally 19.120.010 permitted use table 19.120.050 use categories 19.120.020 uses not listed 19.120.030 Accessory unit dwellings off-street parking 22.50.020 permitted where 19.120.050 Administrative exceptions approval criteria 19.140.020 process 19.140.030 purpose 19.140.010 Adoption authority 19.10.010 Adult entertainment establishments permitted where 19.120.050 Adult retail use establishments permitted where 19.120.050 Adult uses development standards 19.80.030 Zoning (Revised 2/15)Index-16 license required 19.80.020 purpose of provisions 19.80.010 Airport hazard overlay 19.110.030 Airstrips, private permitted where 19.120.050 Ambulance service permitted where 19.120.050 Amendments 19.30.040 Animal clinics off-street parking 22.50.020 permitted where 19.120.050 Animal processing/handling facilities off-street parking 22.50.020 permitted where 19.120.050 Animal raising, keeping permitted where 19.120.050 Animal shelters permitted where 19.120.050 Annexation 19.20.040 Antique stores permitted where 19.120.050 Appliance, furniture sales, service off-street parking 22.50.020 permitted where 19.120.050 Applicability 19.10.020 Assembly heavy, permitted where 19.120.050 light, permitted where 19.120.050 off-street parking 22.50.020 Assisted living facilities off-street parking 22.50.020 permitted where 19.120.050 Auction houses permitted where 19.120.050 Auction yards permitted where 19.120.050 Automobile impound yards permitted where 19.120.050 Automobile parts, accessories and tires off-street parking 22.50.020 permitted where 19.120.050 Automobile, passenger vehicle sales, service, repair off-street parking 22.50.020 permitted where 19.120.050 Automobile, taxi rental off-street parking 22.50.020 permitted where 19.120.050 Automobile, truck, RV, motorcycle painting, repair off-street parking 22.50.020 permitted where 19.120.050 Bakery, retail permitted where 19.120.050 Banks off-street parking 22.50.020 permitted where 19.120.050 Barber shops permitted where 19.120.050 Beauty shops permitted where 19.120.050 Bed and breakfasts off-street parking 22.50.020 permitted where 19.120.050 Beekeeping commercial, permitted where 19.120.050 hobby, permitted where 19.120.050 Boat sales, service, repair off-street parking 22.50.020 permitted where 19.120.050 Breweries off-street parking 22.50.020 Building supplies and home improvement off-street parking 22.50.020 permitted where 19.120.050 Butcher shops permitted where 19.120.050 C district See also Commercial, office, mixed use zones description, use regulations 19.60.050 established 19.20.010 Call centers, telephone off-street parking 22.50.020 Candy, confectionery permitted where 19.120.050 Caretaker’s residence dwellings permitted where 19.120.050 Carnivals permitted where 19.120.050 Carpenter shops permitted where 19.120.050 Carpet, rug cleaning plants off-street parking 22.50.020 permitted where 19.120.050 Car washes off-street parking 22.50.020 permitted where 19.120.050 Casinos off-street parking 22.50.020 permitted where 19.120.050 Catalog and mail order houses permitted where 19.120.050 Catering services permitted where 19.120.050 CC district See also Commercial, office, mixed use zones description, use regulations 19.60.090 established 19.20.010 Cemeteries permitted where 19.120.050 Spokane Valley Municipal Code Zoning Index-17 (Revised 2/15) Churches off-street parking 22.50.020 permitted where 19.120.050 Circuses permitted where 19.120.050 City center district See CC district Clothes, retail sales permitted where 19.120.050 Clubs off-street parking 22.50.020 permitted where 19.120.050 CMU district See also Commercial, office, mixed use zones description, use regulations 19.60.080 established 19.20.010 Cold storage permitted where 19.120.050 Colleges off-street parking 22.50.020 permitted where 19.120.050 Commercial, office, mixed use zones general provisions 19.60.010 Community commercial district See C district Community facilities permitted where 19.120.050 Community garden permitted where 19.120.050 Community halls off-street parking 22.50.020 permitted where 19.120.050 Community residential facilities off-street parking 22.50.020 permitted where 19.120.050 Comprehensive plan amendments 19.30.010 Computer sales permitted where 19.120.050 Conditional use permits classification 19.150.020 conditions, requirements 19.150.030 purpose 19.150.010 Congregate dwellings off-street parking 22.50.020 permitted where 19.120.050 Contractor’s yards permitted where 19.120.050 Convalescent homes loading spaces required 22.50.030 off-street parking 22.50.020 permitted where 19.120.050 Convenience stores off-street parking 22.50.020 permitted where 19.120.050 Corridor mixed use district See CMU district Crematories permitted where 19.120.050 Cultural facilities off-street parking 22.50.020 permitted where 19.120.050 Day care adult off-street parking 22.50.020 permitted where 19.120.050 child off-street parking 22.50.020 permitted where 19.120.050 Dental clinics, offices off-street parking 22.50.020 permitted where 19.120.050 Department stores loading spaces required 22.50.030 permitted where 19.120.050 Development agreements 19.30.015 Distilleries off-street parking 22.50.020 Districts boundary considerations 19.20.030 established 19.20.010 map 19.20.020 Doggie day care facilities See Kennels Dry cleaning off-street parking 22.50.020 permitted where 19.120.050 Duplex dwellings permitted where 19.120.050 Educational stores permitted where 19.120.050 Entertainment, major event off-street parking 22.50.020 permitted where 19.120.050 Equipment rental shops off-street parking 22.50.020 permitted where 19.120.050 Equipment sales, repair, maintenance off-street parking 22.50.020 permitted where 19.120.050 Espresso, latte stands off-street parking 22.50.020 permitted where 19.120.050 Essential public facilities local siting 19.90.020 permitted where 19.120.050 regional, statewide siting process 19.90.010 Exercise facilities permitted where 19.120.050 Explosive storage permitted where 19.120.050 Zoning (Revised 2/15)Index-18 Farm machinery sales, repair permitted where 19.120.050 Financial institutions off-street parking 22.50.020 permitted where 19.120.050 Florist shops permitted where 19.120.050 Food lockers permitted where 19.120.050 Food sales permitted where 19.120.050 Freight forwarding off-street parking 22.50.020 permitted where 19.120.050 Fueling stations off-street parking 22.50.020 permitted where 19.120.050 Funeral homes off-street parking 22.50.020 permitted where 19.120.050 Garden office district See GO district General sales, service permitted where 19.120.050 Gift shops permitted where 19.120.050 GO district See also Commercial, office, mixed use zones description, use regulations 19.60.020 established 19.20.010 Golf courses permitted where 19.120.050 Golf driving ranges, training centers permitted where 19.120.050 Grain elevators permitted where 19.120.050 Greenhouses, nurseries, garden centers off-street parking 22.50.020 permitted where 19.120.050 Grocery stores permitted where 19.120.050 Hardware stores permitted where 19.120.050 Hazardous waste treatment and storage permitted where 19.120.050 Heavy industrial district See I-2 district Heavy truck, industrial vehicles sales, rental, repair, maintenance permitted where 19.120.050 Heliports permitted where 19.120.050 Helistops permitted where 19.120.050 Hobby stores permitted where 19.120.050 Hospitals loading spaces required 22.50.030 off-street parking 22.50.020 permitted where 19.120.050 psychiatric, substance abuse permitted where 19.120.050 specialty permitted where 19.120.050 Hotels off-street parking 22.50.020 permitted where 19.120.050 Houses of worship off-street parking 22.50.020 permitted where 19.120.050 I-1 district description, use regulations 19.70.010 development standards 19.60.010 established 19.20.010 I-2 district description, use regulations 19.70.020 development standards 19.60.010 established 19.20.010 Kennels permitted where 19.120.050 Laboratories off-street parking 22.50.020 permitted where 19.120.050 Landscape materials sales off-street parking 22.50.020 permitted where 19.120.050 Laundries off-street parking 22.50.020 permitted where 19.120.050 Light industrial district See I-1 district Linen supply plants off-street parking 22.50.020 permitted where 19.120.050 Lodges off-street parking 22.50.020 permitted where 19.120.050 Machine shops permitted where 19.120.050 Manufactured homes parks off-street parking 22.50.020 permitted where 19.120.050 sales permitted where 19.120.050 Manufacturing heavy permitted where 19.120.050 light permitted where 19.120.050 loading spaces required 22.50.030 Spokane Valley Municipal Code Zoning Index-19 (Revised 2/15) off-street parking 22.50.020 Map amendments 19.30.030 district boundaries 19.20.020 Marijuana uses processing permitted where 19.120.050 standards 19.85.020 production permitted where 19.120.050 standards 19.85.010 retail permitted where 19.120.050 standards 19.85.030 Meat markets permitted where 19.120.050 Medical clinics, offices off-street parking 22.50.020 permitted where 19.120.050 Medical, dental, hospital equipment supply, sales permitted where 19.120.050 Metal fabrication permitted where 19.120.050 MF-1 district See also Residential zones description 19.40.070 established 19.20.010 MF-2 district See also Residential zones description 19.40.080 established 19.20.010 Mixed use center See MUC district Mobile food vendors permitted where 19.120.050 Mosques off-street parking 22.50.020 permitted where 19.120.050 Motels off-street parking 22.50.020 permitted where 19.120.050 MUC district See also Commercial, office, mixed use zones description, use regulations 19.60.070 established 19.20.010 Multifamily dwellings off-street parking 22.50.020 permitted where 19.120.050 Multifamily high density residential district See MF-2 district Multifamily medium density residential district See MF-1 district NC district See also Commercial, office, mixed use zones description, use regulations 19.60.040 established 19.20.010 Neighborhood commercial district See NC district New uses 19.20.050 Night clubs off-street parking 22.50.020 permitted where 19.120.050 Nonconforming uses, structures 19.20.060 Nursing homes loading spaces required 22.50.030 off-street parking 22.50.020 permitted where 19.120.050 O district See also Commercial, office, mixed use zones description 19.60.030 established 19.20.010 Off-road recreational vehicle use permitted where 19.120.050 Office district See O district Office supplies permitted where 19.120.050 Offices off-street parking 22.50.020 permitted where 19.120.050 Orchard, tree farming, commercial permitted where 19.120.050 Outdoor markets permitted where 19.120.050 Parking facilities, controlled access permitted where 19.120.050 Parks permitted where 19.120.050 Parks, open space district See P/OS district Pawnshops permitted where 19.120.050 Permitted uses explanation of table abbreviations 19.120.040 generally 19.120.010 permitted use table 19.120.050 use categories 19.120.020 uses not listed 19.120.030 Personal services off-street parking 22.50.020 permitted where 19.120.050 Pharmacies permitted where 19.120.050 Pipeline hazard overlay 19.110.040 Planned residential developments See also Residential zones administration 19.50.070 development standards 19.50.050 homeowners’ association required 19.50.080 open space standards 19.50.060 permitted uses 19.50.030 permitted where 19.50.020 Zoning (Revised 2/15)Index-20 purpose of provisions 19.50.010 relationship to other provisions 19.50.040 Plastic injection molding permitted where 19.120.050 P/OS district description 19.60.100 established 19.20.010 Post offices off-street parking 22.50.020 permitted where 19.120.050 Postal centers off-street parking 22.50.020 permitted where 19.120.050 Power plants permitted where 19.120.050 Print shops permitted where 19.120.050 Processing heavy off-street parking 22.50.020 permitted where 19.120.050 light off-street parking 22.50.020 permitted where 19.120.050 Public utility distribution facilities permitted where 19.120.050 Public utility transmission facilities permitted where 19.120.050 R-1 district See also Residential zones description, use regulations 19.40.030 established 19.20.010 R-2 district See also Residential zones description 19.40.040 established 19.20.010 R-3 district See also Residential zones description 19.40.050 established 19.20.010 R-4 district See also Residential zones description 19.40.060 established 19.20.010 Racecourses permitted where 19.120.050 Racetracks permitted where 19.120.050 Radio, TV broadcasting studios permitted where 19.120.050 Railroad yards, repair shops, roundhouses permitted where 19.120.050 RC district See also Commercial, office, mixed use zones description, use regulations 19.60.060 established 19.20.010 Recreational facilities off-street parking 22.50.020 permitted where 19.120.050 Recreational vehicles parks, campgrounds permitted where 19.120.050 sales, service, repair off-street parking 22.50.020 permitted where 19.120.050 Recycling facilities permitted where 19.120.050 Regional commercial district See RC district Repeater facilities permitted where 19.120.050 Residential density bonus affordability agreement 19.35.080 applicability 19.35.030 approval 19.35.070 calculations 19.35.040 development standards 19.35.050 generally 19.35.020 purpose 19.35.010 siting of affordable units 19.35.060 Residential zones accessory dwelling unit (ADU) 19.40.100 accessory structures 19.40.110 accessory uses, structures 19.40.090 animal raising, keeping 19.40.150 dwellings, accessory apartments 19.40.100 general provisions 19.40.010 home occupations 19.40.140 manufactured home parks 19.40.130 manufactured homes on individual lots 19.40.120 standards 19.40.020 towers 19.40.110 Restaurants drive-in permitted where 19.120.050 drive-through permitted where 19.120.050 full service permitted where 19.120.050 loading spaces required 22.50.030 off-street parking 22.50.020 Retail sales, services loading spaces required 22.50.030 off-street parking 22.50.020 Rezones 19.30.020 Spokane Valley Municipal Code Zoning Index-21 (Revised 2/15) Riding stables permitted where 19.120.050 Savings and loans off-street parking 22.50.020 permitted where 19.120.050 Schools K-12 permitted where 19.120.050 off-street parking 22.50.020 professional, vocational, trade permitted where 19.120.050 Secondhand stores, consignment sales permitted where 19.120.050 Shopping centers off-street parking 22.50.020 Showrooms off-street parking 22.50.020 permitted where 19.120.050 Single-family dwellings permitted where 19.120.050 Single-family residential district See R-3 district Single-family residential estate district See R-1 district Single-family residential suburban district See R-2 district Single-family residential urban district See R-4 district Site plan review applicability 19.130.020 criteria 19.130.030 intent 19.130.010 process 19.130.050 site plan requirements 19.130.040 Site-specific zoning map amendments 19.30.030 Solid waste recycling, transfer sites permitted where 19.120.050 Specialized training, learning schools off-street parking 22.50.020 permitted where 19.120.050 Specialty foods permitted where 19.120.050 Specialty stores permitted where 19.120.050 Storage indoor permitted where 19.120.050 off-street parking 22.50.020 outdoor permitted where 19.120.050 self-service facilities permitted where 19.120.050 Studios off-street parking 22.50.020 permitted where 19.120.050 Synagogues off-street parking 22.50.020 permitted where 19.120.050 Tank storage critical material, aboveground permitted where 19.120.050 critical material, below ground 19.120.050 permitted where 19.120.050 LPG aboveground permitted where 19.120.050 Tasting rooms off-street parking 22.50.020 Taverns off-street parking 22.50.020 permitted where 19.120.050 Taxidermy permitted where 19.120.050 Telecommunications wireless antenna arrays permitted where 19.120.050 Telecommunications wireless support towers permitted where 19.120.050 Temples off-street parking 22.50.020 permitted where 19.120.050 Temporary use permits classification 19.160.020 conditions 19.160.040 purpose 19.160.010 use types 19.160.030 Theaters off-street parking 22.50.020 permitted where 19.120.050 Thermoplastics permitted where 19.120.050 Towers, ham operator permitted where 19.120.050 Towers, wind turbine support permitted where 19.120.050 Towing permitted where 19.120.050 Townhouses off-street parking 22.50.020 permitted where 19.120.050 Transit centers permitted where 19.120.050 Transitional housing permitted where 19.120.050 Truck stops permitted where 19.120.050 Two-family dwellings off-street parking 22.50.020 Universities off-street parking 22.50.020 permitted where 19.120.050 Zoning (Revised 2/15)Index-22 Unlisted uses 19.20.050 Upholstery shops permitted where 19.120.050 Variances decision criteria 19.170.030 limitations authority 19.170.040 time 19.170.050 permit classification 19.170.020 purpose 19.170.010 time extensions 19.170.060 Variety stores permitted where 19.120.050 Veterinaries off-street parking 22.50.020 permitted where 19.120.050 Warehousing loading spaces required 22.50.030 off-street parking 22.50.020 permitted where 19.120.050 Wholesale business permitted where 19.120.050 Wineries off-street parking 22.50.020 Wrecking, recycling, junk, salvage yards off-street parking 22.50.020 permitted where 19.120.050