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