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Ordinance 09-031 Amending Residential Outdoor Lighting CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 09-031 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL CODE SECTION 19.40.010 - GENERAL PROVISIONS ADDING REQUIREMENTS FOR OUTDOOR LIGHTING IN RESIDENTIAL ZONING DISTRICTS AS FOLLOWS: WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015, on the 25th day of September, 2007; and WHEREAS,the UDC became effective on the 28th day of October, 2007; and WHEREAS, this item was part of a batch code revision in 2008 that was deferred at the request of city staff; and WHEREAS,the proposed amendment is consistent with goals and policies of the City's Comprehensive Plan; and WHEREAS, the City provided a copy of the proposed amendment to the Washington State Department of Commerce initiating a 60 day comment period consistent with RCW 36.70A.106; and WHEREAS, the proposed amendment bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, the Spokane Valley Planning Commission held a public hearing on this matter on September 24th, 2009 and determined to add provisions for outdoor lighting in residential zoning districts (R-1, R-2, R-3 and R-4); and WHEREAS, on October 6, 2009 the City Council reviewed the proposed amendments. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Spokane Valley Municipal Code Chapter 19.40.010 - General Provisions shall be amended as follows: 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 additional height, not to exceed 40 feet, above the average 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 hazard zoning regulations. Ordinance 09-031 Page 1 of 2 D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. 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. E. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor features 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 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. Wheelchair ramps are allowed to project into the setback based on SVMC Title 24, Building Codes. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear setback only. F. The following design standards apply to all outdoor lighting in residential zones: 1. All new development shall provide lighting within parking lots, along pedestrian walkways and accessible routes of travel. 2. Lighting fixtures shall be limited to heights of no more than twenty-four feet for parking lots and no more than sixteen feet for pedestrian walkways. 3. All lighting shall be shielded from producing 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. Section Two: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Section Three: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this 17th day of November, 2009. ATTES • 4 sill ichard M. Muir a ;Mayor' 1.4.1.4.A ��� City Clerk,Christine Bainbridge Approved as to Form: Office o ,h City Attorn y Date of Publication: // 9 2-0 9 Effective Date: J ? d a--4 1' Ordinance 09-031 Page 2 of 2