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Ordinance 24-018 SVMC 7.05, 19.65 and 19.160 Camping on Private PropertyCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.24 - 018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 7.05,19.65, AND 19.160 OF THE SPOKANE VALLEY MUNICIPAL CODE PERTAINING TO CAMPING ON PRIVATE PROPERTY WHEREAS, the City Council adopted Chapter 7.05 of the Spokane Valley Municipal Code to define and prohibit public nuisances within the City; and WHEREAS, the City Council previously adopted Chapter 7.50 of the Spokane Valley Municipal Code prohibiting camping on City -owned property using camping facilities and/or camping paraphernalia; and WHEREAS, in the course of using private property for camping purposes, members of the public often leave behind or otherwise illegally discard human feces, trash, drug paraphernalia, and other items presenting a danger to the public health and safety; and WHEREAS, camping on private property presents risks to the health, safety, and welfare of the public in and around the areas where private property camping occurs that are similar to the risks presented by camping on public property; and WHEREAS, the City Council finds that regulation of camping on private property is necessary to protect the public's peace, health, safety and welfare; and WHEREAS, the City Council wishes to deem camping on private property to be a public nuisance subject to the enforcement procedures under SVMC 17.100 et seq. with limited exceptions; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does ordain as follows: Section 1. Amending SVMC 7.05.040. SVMC 7.05.040, entitled "Nuisances prohibited," is hereby amended by the addition of the following new subsection: Q. Camping on Private Property. 1. Except as otherwise provided herein, it shall be a public nuisance to camp on private property. 2. "Camping" or "camping" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. 3. "Camp facilities" has the same meaning as defined in SVMC 7.50.015. 4. "Camp paraphernalia" has the same meaning as defined in SVMC 7.50.015. 5. If the City obtains an order of abatement due to unlawful camping on private property, then prior to and in connection with removing personal property from the private real property, the City must comply with the procedures identified in SVMC 7.50.030(B)(1) — (2). 6. SVMC 7.05.040(Q) does not apply to: Ordinance 24-018 Camping on Private Property a. Legally established campgrounds and RV parks. b. Temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. c. Camping on property without a legally established habitable residence where (i) the property owner is among those camping, and (ii) such camping does not exceed 14 days in a calendar year. d. Camping on property with a legally established habitable residence, but only if and while (i) a property owner, lessee, or tenant of the property is physically present, (ii) said owner, lessee, or tenant gives express consent for such camping, and (iii) no nuisance conditions or activity is present on or emanating from the property. Contiguous parcels under common ownership shall be considered one parcel for purposes of enforcing this subsection. Beginning in the year 2026, staff shall provide the Spokane Valley City Council with a written report during the first fiscal quarter of each year. This report shall identify (a) the number of complaints the City received during the preceding calendar year alleging prohibited camping on private property, (b) the number of private property camping violations City staff determined had occurred, and (c) a summary of the City's enforcement efforts. The report shall separately identify complaints and violations of subsections 6.b., 6.c., and 6.d. above. Section 2. Amending SVMC 19.65.130. SVMC 19.65.130, entitled "Residential," is hereby amended as follows: 19.65.130 Residential. A. Accessory Structures. 1. The combined building footprint of all accessory permanent structures in residential zoning districts shall be: a. Up to 1,000 square feet for parcels up to 10,000 square feet in size; or b. Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. 2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district. B. Dwelling, Accessory Units. Accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. C. Dwelling, Caretaker's Residence. A caretaker's residence is limited to custodial, maintenance, management, or security of a commercial property and is only allowed accessory to another permitted use on site. D. Dwelling, Cottages. Cottages shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. Ordinance 24-018 Camping on Private Property F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. H. Manufactured Homes on Individual Lots. Manufactured homes on individual lots shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. I. Manufactured Home Park. Manufactured home parks shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. J. Recreational Vehicles. 1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone, except as permitted pursuant to Chapter 19.40 SVMC; 2. A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and 3. Upon issuance of a Temporary Use Permit to an applicant pursuant to chapter 19.160 SVMC, guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot owned or leased by the permit applicant for not more than 30 days in one consecutive 12-month period. 4. Upon issuance of a Temporary Use Permit pursuant to SVMC 19.160.040, applicants may utilize a recreational vehicle as temporary living quarters over the duration of construction activities related to either a residence or other legally permitted use, provided the applicant has an active building permit on file with the City of Spokane Valley. Section 3. Amending SVMC 19.160.040. SVMC 19.160.040, entitled "Decision Criteria" is hereby amended as follows: 19.160.040 Decision criteria. A. Interim Uses. The department may issue a TUP to allow an owner, developer, contractor, tenant, lessee, or other occupant 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 occupants or to neighboring properties; c. A hardship is involved that cannot otherwise be reasonably resolved; and Ordinance 24-018 Camping on Private Property d. A performance surety in the amount of any required improvements shall be posted guaranteeing the completion of the project. B. Seasonal Uses and Short -Term Recreational and Economic Development Uses. The department may issue a TUP to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six months in any 12-month period. The use may not meet the standards normally associated with a permanent use if the department finds that the temporary use is consistent with the following: 1. The use shall be consistent with the permitted uses in the zone; 2. The use shall be an appropriate use of the property pending the permanent long-term use; 3. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated; 4. The use shall 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 Construction Permits. The department may issue a TUP for activities associated with construction projects including, but not limited to, equipment storage yards, job shacks, materials storage yards, or living quarters which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it finds the proposal is consistent with the following: 1. The use shall not pose a hazard or be a detriment to the surrounding area; 2. The use shall not result in significant traffic, 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; and 4. The temporary use shall be vacated upon completion of the associated construction project or pursuant to SVMC 19.160.040(C)(3). D. Temporary Uses Associated with Residential Visitation. The department may issue a TUP for activities associated with guests parking and/or occupying a recreational vehicle on private property while visiting the occupants of a dwelling unit located on the same lot, provided the applicant is the owner of said lot and will not result in such use occurring more than 30 days in one consecutive 12-month period. The cost for a TUP issued pursuant to this subsection (D) shall be established by Council in the Master Fee Schedule. The department may issue a TUP if it finds the proposal is consistent with the following: 1. The use shall not pose a hazard or be a detriment to the surrounding area; 2. The use shall be contained entirely on the lot where the dwelling unit is located and shall not be on public right-of-way; and 3. The use shall provide a sanitary facility if the department determines it is necessary to do so. Ordinance 24-018 Camping on Private Property Section 4. Remainder of SVMC 7.05 19.65, and 19.160 — Unchanged. The remaining provisions of SVMC 7.05, 19.65, and 19.160 are unchanged by this amendment. Section 5. Severability. If any section, sentence, clause or phrase 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, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 4"' day of February, 2025. qp4- *::L Pam Haley, Mayor ATTEST: r Marc Patterson, City Clerk Approved As To Form: v Kell . Conkright; City Attorney. Dale of Publiation: 2 ZS Effective Date: Fah l C1' ZOIL5 Ordinance 24-018 Camping on Private Property