Ordinance 09-036 Fall Batch Code Amendments CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 09-036
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 19.20.060, 19.40.010, 19.40.100, 19.40.140, 19.50.050, 19.50.060, 19.120,
• AND APPENDIX A DEFINITIONS, BY ADDING THAT NONCONFORMING
STRUCTURES MUST MEET SETBACKS AS REQUHtED BY THE ZONING DISTRICT,
CARGO SHIPPING CONTAINERS AND SIMILAR ENCLOSURES ARE NOT A
PERMITTED STRUCTURE IN ANY RESIDENTIAL ZONE, ACCESSORY DWELLING
UNITS MAY NOT EXCEED 50 PERCENT OF THE HABITABLE SQUARE FOOTAGE OF
THE PRINCIPAL DWELLING, ADDING THE REQUIREMENT TO OBTAIN A HOME
OCCUPATION PERMIT, PROVIDING EXAMPLES OF USES THAT ARE NOT
ALLOWED AS HOME OCCUPATIONS, ALL BUILDINGS IN A PLANNED
RESIDENTIAL DEVELOPMENT MUST MEET BUILDING CODES, OPEN SPACES
REQUIREMENTS IN PLANNED RESIDENTIAL DEVELOPMENT ARE COMMUNITY
DEVELOPMENT DIRECTOR DETERMINED, ADDING STORAGE SELF-SERVICE
FACILITY TO PERMITTED USES IN INDUSTRIAL ZONES, AMENDING HOME
OCCUPATION DEFINITION AS FOLLOWS:
WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) of the
Spokane Valley Municipal Code (SVMC) pursuant to Ordinance 07-015, on the 25th day of September, 2007;
and
WHEREAS,the UDC of the SVMC became effective on 28th day of October, 2007; and
WHEREAS,the amendment is consistent with the goals and policies of the City's Comprehensive Plan; and
WHEREAS, WHEREAS, after reviewing the Environmental Checklists, the city issued an Optional
Determination of Non-significance (DNS) for the proposal, published the DNS in the Valley News Herald,
posted the DNS at City Hall, and at the main branch of the library, and mailed the DNS to all affected public
agencies; and
WHEREAS, the City provided a copy of the proposed amendment to Community Trade and Economic
Development(CTED) initiating a 60 day comment period pursuant to RCW 36.70A.106; and
WHEREAS, the amended ordinance as set forth bears a substantial relation to the public health, safety and
welfare and protection of the environment; and
WHEREAS,on October 8, 2009, the Planning Commission reviewed the proposed amendments; and
WHEREAS,the Planning Commission received evidence, information, public testimony and a staff report and
recommendation at a public hearing on October 8, 2009; and
WHEREAS, the Planning Commission deliberated on October 8, 2009; the Planning Commission provided a
recommendation; and
WHEREAS, on November 17, 2009, Council reviewed the proposed amendments; and
Ordinance 09-036 Page 1 of 11
WHEREAS, on December 1, 2009, Council considered a first ordinance reading to adopt the proposed
amendment.
NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.20.060
Nonconforming uses and structures as set forth below.
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 (Chapter 90.58 RCW) and the Spokane Valley Shoreline Master
Program (Chapter 21.50 SVMC).
B. Continuing Lawful Use of Property.
1. The lawful use of land at the time of passage 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 nonconforming use discontinued as a result of foreclosure or
judicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24
months. Discontinuance of a nonconforming use shall commence on the actual act or date of
discontinuance.
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 facilities than the
original use; or
d. The proposed use does not adversely affect or interfere with the use of neighboring property.
4. A nonconforming use 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 original use;
and
b. The expanded use does not adversely affect or interfere with the use of neighboring property; and
c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously 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 additional development opportunities on adjacent tracts that would
not otherwise exist.
5. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width shall be deemed
in conformance with this code, as long as the use of the lot is allowed in the respective district.
Ordinance 09-036 Page 2 of 11
6. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to
current standards shall not be considered as nonconforming.
7. 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 percent of market value.
8. Any nonconforming use changed to a conforming 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 create additional nonconformity with respect to building 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 nonconforming residential structure does not increase so as to
exceed the number of dwelling units permitted within current regulations;
4. Off-street loading and/or parking, stormwater 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 percent of market value of the structure.
D. Completion of Permanent Structures. Nothing 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 Spokane County prior to incorporation of the City before the effective date of this code, nor shall
any building or structure for which a substantially complete 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 applicable 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. 07-015 § 4, 2007).
Section Two: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.40.010
General provisions as set forth below.
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.
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. Cargo shipping containers and similar enclosures 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 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
Ordinance 09-036 Page 3 of 11
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. (Ord. 08-026 § 4,
2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007).
G. Community facilities and public utility distribution facility(ies), except power poles and underground
transformers, shall comply with the following conditions:
1. The requirements for landscaping, signage, lighting and other requirements shall apply.
2. Type 1 landscape screening is required along property line(s)adjacent to a residential use or zone.
H. Public utility transmission facility shall comply with the following conditions:
1. 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;
2. All support structures for electric transmission 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. 09-017 § 1, 2009; Ord. 08-026
§ 4, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007).
Section Three: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.40.100
Accessory dwelling unit(ADU) as set forth below.
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 dwelling unit. A detached ADU is a
freestanding accessory 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 housing units and encourage housing diversity through better use
of the existing housing stock in neighborhoods in a manner that is less intense than new development;
2. To make housing units available to moderate-income people and special populations including the
elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless
who might otherwise have difficulty finding homes within the city that support independent living;
3. To provide residents, particularly seniors, single parents and families with grown children, with a
means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or
the principal unit, extra income, companionship, 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, property 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 conform to all standards in the building, plumbing, electrical,
mechanical, fire, health, utilities and any other applicable codes;
2. An ADU may be developed in conjunction 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, independent housekeeping unit;
5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area;
6. Home professions shall be allowed only within the principal dwelling unit, not the ADU;
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7. The owner, as established by the titleholder, 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 development
standards and criteria outlined in subsection 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 residence;
b. The ADU may not exceed and 50 percent of the habitable square footage of the principal dwelling
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 appearance 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 dwelling unit in the type, size and placement of the following:
i. Exterior finish materials;
ii. Roof pitch;
iii. Trim;
iv. Windows, in proportion (relationship of width to height) and orientation (horizontal or
vertical).
2. Additional Development Standards for Detached ADUs.
a. Shall be located behind the front building setback line and placed on a permanent foundation;
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 apartment
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 development in
accordance with the permit procedures adopted by the department;
2. Shall include a letter of application affirming 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 department of
records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described in this code; and
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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 elections, or
may occur as a result of an enforcement action. (Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007).
Section Four: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.40.140
Home occupations as set forth below.
19.40.140 Home occupations
A. Applicability: Any person, group or entity conducting "for profit" enterprise from a location whose
primary use is a residence must obtain a home occupation permit. 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 property;
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 accessory uses, except as indicated by section C below, incidental
to the property's principal use as a residence subject to the following requirements:
1. Property shall retain a residential appearance 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 displayed outside the building(s);
6. The hours of operation of a home occupation 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, telephone or television reception, nor generate measurable
levels at the property line of noise, dust, smoke, odor or glare. The home occupation activity 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; and
Ordinance 09-036 Page 6 of 11
9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than
normally expected in a residential neighborhood and any need for parking must be accommodated
within the required off-street parking for the dwelling unit. (Ord. 07-015 § 4, 2007).
10. Uses which are detrimental to the existing residential appearance and character are not allowed as
home occupations.
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 service;
small engine repair; truck hauling and or tow storage yard; vehicle sales; cabinet making;
manufacturing and/or related storage; kennel or stables; wholesale or retail sales; and
restaurants/drinking establishments.
Section Five: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.50.050
Development standards and 19.50.060 Open space standards as set forth below.
19.50.050 Development standards.
The following standards shall govern the administration 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 characteristics 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 dwelling 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.
E. Maximum Coverage. Building coverage and development of the site shall not exceed the percentage
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 landscape 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 compatible with
those of the existing development of adjacent 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 Comprehensive Plan and/or adopted subarea plans;
2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between
buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the
property line as in townhome construction; however, all buildings must meet applicable building code
requirements.
Ordinance 09-036 Page 7 of 11
H. All streets shall be designed and constructed to public street standards.
I. Off-street parking shall be provided in accordance 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 multiplied 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 construction 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. 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 reasonable
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. Private or access roads, trees or other landscaping may separate the
common open space area. However, access should not be blocked by major obstacles 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 environmentally 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 recreation.
3. Community Development Director determines the amount of required active recreation areas pursuant
to the criteria set forth in 19.50.060 Open space standards.
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.
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 subdivision; or
Ordinance 09-036 Page 8 of 11
b. Meeting the standard would require detrimental grading or other disturbance of the natural
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, parking 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 specifically 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' association. Maintenance and operation of the dedicated open space
shall be the responsibility of the property 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 hazards; 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 dedication 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 according 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 alteration 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. Stormwater detention ponds may be allowed by the City as part of
dedicated open space subject to the following 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;
Ordinance 09-036 Page 9 of 11
4. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand 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 rendered 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 home owners 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 exercised in
respect of such land, subject to restrictive covenants or other restrictions:
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 residents of the
development and their guests;
2. The right to locate pedestrian paths, bicycle 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 correct 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.
07-015 § 4, 2007).
Section Six: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.120
Permitted and accessory uses as set forth below.
19.120.010 General.
Uses are classified using the 2002 North American Industry Classification System (NAICS) published by
the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified
separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or
temporary use permits as shown in Appendix 19-A, the schedule of permitted and accessory uses.
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Section Seven: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section Appendix A
Definitions as set forth below.
Home occupation: An occupation, profession or craft incidental to the residential use.
Section Eight: All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically
referenced hereto shall remain in full force and effect.
Ordinance 09-036 Page 10 of 11
Section Nine: 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 Ten: 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 8th day of December, 2009.
ayor, Richard . lson
AT ),' h
illy Clerk, Christine Bainbridge -
Approved as to Form:
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Office of he City ttomey
Date of Publication: 12/18/09
Effective Date: 12/23/09
Ordinance 09-036 Page 11 of 11