Ordinance 25-007 Amending SVMC 17.80 and 22.130 Permit RequirementsCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.25 — 007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 17.80 AND
22.130 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PERMIT
REQUIREMENTS FOR USE OF RIGHTS -OF -WAY, AND OTHER MATTERS RELATED
THERETO
WHEREAS, pursuant to Article XI, section 11 of the Washington State Constitution, and RCW
35A.11,020, the City has authority to manage and regulate the rights -of -way so as to preserve the traveled
way for the traveling public; and
WHEREAS, the City currently issues right-of-way permits pursuant to chapter 22.130 SVMC
"Development Transportation Improvements"; and
WHEREAS, regulating right-of-way permits via the development regulations has resulted in
challenges for applicants, permittees, and staff; and
WHEREAS, right-of-way permits, as licenses to conduct activity or work within the right-of-way
are not development regulations related to the use of private property; and
WHEREAS, removing the right-of-way permitting procedure from chapter 22.130 SVMC, and
amending chapter 17.80 SVMC to remove exemption language that has caused confusion among right-of-
way permit applicants in particular will result in clarification of the City's process and permitting
requirements; and
WHEREAS, in conjunction with this Ordinance 25-007, the City Council will consider adopting
updated permitting and enforcement procedures for use of the right-of-way pursuant to Ordinance 25-008;
and
WHEREAS, the City of Spokane Valley Planning Commission held a study session to consider
CTA-2024-0002 related to the amendments to chapter 22.130 and 17.80 SVMC on December 12, 2024;
and
WHEREAS, on January 24, 2025 the City published in the Valley News Herald notice of a public
hearing to occur on February 13, 2025 to consider CTA-2024-0002; and
WHEREAS, on February 13, 2025, the Planning Commission held a public hearing, received
evidence, information, and a staff report, and conducted deliberations; and
WHEREAS, on February 13, 2025, the Planning Commission voted 6-0 to recommend that the
City Council approve CTA-2024-0002; and
WHEREAS, on February 27, 2025, the Planning Commission voted to approve the findings and
recommendations for CTA-2024-0002; and
WHEREAS, on April 22, 2025, City Council reviewed the proposed amendments and Commission
Findings and Recommendations; and
WHEREAS, on May 20, 2025, City Council considered a first ordinance reading and voted to
advance the ordinance to a second reading; and
WHEREAS, the amendments set forth herein are consistent with the goals and policies of the City's
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Comprehensive Plan; and
WHEREAS, the amendments to chapters 17.80 and 22.130 SVMC bear a substantial relation to the
public health, safety, welfare and protection of the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. Purpose. The purpose of this Ordinance 25-007 is to remove the right-of-way
permitting process from the City's development regulations, and remove permit exemption language that
has cause confusion particularly for right-of-way permit applicants. By separate ordinance, the City
Council will consider adopting new right-of-way permit procedures and enforcement mechanisms.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered
the Planning Commission's findings. The City Council hereby makes the following findings and
conclusions:
A. Growth Management Act Policies — Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. The proposed text amendments are consistent with the following goals and policies of the
Comprehensive Plan:
ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and
stability.
U-G1 Coordinate with utility providers to balance cost-effectiveness with
environmental protection, aesthetic impact, public safety, and public health.
T-G3 Strive to reduce the number of serious injury/fatality collisions to zero.
T-P2 Consider neighborhood traffic and livability conditions and address potential
adverse impacts of public and private projects during the planning, designing, permitting, and
construction phases.
T-P4 Support voluntary efforts to beautify local and regional transportation corridors.
C. The proposed amendment bears substantial relation to public health, safety, welfare, and
protection of the environment. Unless exempt, right-of-way permits are required for any
person or company performing work or engaging in activity within City rights -of -way. These
permits require certain conditions to ensure public safety and welfare including traffic control
plans, insurance, and adherence to pavement cut policies. Relocating right-of-way permit
procedures to Title 9 ultimately ensures these regulations are catalogued appropriately, and
that right-of-way permit procedures and requirements are not confused with the procedures
and requirements of Type I land use and development permits. The City will continue to
provide superior and efficient service to the public by processing these permits within days of
receipt.
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D. Conclusions.
The proposed text amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment. The proposed code text amendment to
chapters 17.80 and 22.130 SVMC, clarifying that right-of-way permits are not subject to
the procedures and requirements of Type I land use and development permits, clarifying
when permits are required, and other matters related thereto is consistent with the
requirements of SVMC 17.80.150(F) and the Comprehensive Plan.
Section 3. Amending chapter 17.80 SVMC. Chapter 17.80 SVMC is hereby amended to
read as follows:
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table
17.80-1 below:
Table 17.80-1— Permit Type and Land Use Application
Type
Land Use and Development Application
SVMC Cross -Reference
Accessory dwelling units
19.40
Administrative determinations by city manager or designee
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
Type I
Grading permits
24.50
Home business permit
19.65.180
Shoreline letter of exemption
21.50
Record of survey to establish lots within a binding site plan
20.60.030
Site plan review
19.130
Small cell permit
22.121; 22.122
Temporary use permit
19.160
Time extensions for preliminary subdivision, short
subdivision, or binding site plan
20.30.060
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is no
alteration of a public dedication)
20.60
Type II
Binding site plan — preliminary and final
20.50
Emergency shelter and emergency housing
19.45
Minor alterations — preliminary subdivisions
20.50
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Type
Land Use and Development Application
SVMC Cross -Reference
Permanent supportive housing
19.45
SEPA threshold determination
21.20.060
Shoreline conditional use permit
21.50
Shoreline nonconforming use or structure review
21.50
Shoreline substantial development permit
21.50
Shoreline variance
21.50
Short subdivision — preliminary and final
20.30, 20.40
Transitional housing
19.45
Transitional parking programs
19.45
Vacation — short subdivisions and binding site plans where
there is no vacation of an area designated or dedicated for
public use
20.70
Wireless communication facilities
22.120
Alterations — final subdivisions (where a public hearing is
requested)
20.50
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is
alteration of a public dedication)
20.60
Conditional use permits
19.150
Type III
Subdivisions — preliminary
20.30
Substantial alterations —preliminary subdivisions
20.50
Vacation — subdivision; short subdivisions and binding site
plans where there is vacation of an area designated or
dedicated for public use
20.70
Variance
19.170
Zoning map amendments (site -specific rezones)
19.30.030
Annual Comprehensive Plan amendments (text and/or map)
17.80.140
Type IV
Area -wide zoning map amendments
17.80.140
Development Code text amendments
17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in
Table 17.80-1 shall be assigned a type based on the most closely related application type by the city
manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be
appropriate, the process providing the greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use
permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed
pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified
procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness
review, notices, hearings, and decisions.
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D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures
set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law,
including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods
for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless
communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as
the original permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are
exempt from the procedural requirements of Chapter 17.80 SVMC:
1. Emergency repair 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, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; 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 conjunction 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 improvements unless site plan review is required under Chapter
19.130 SVMC, Site Plan Review provided that the interior alterations do not result in the following:
(a) Additional sleeping quarters or bedrooms;
(b) Nonconformity with federal emergency management agency substantial improvement
thresholds; or
(c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire
access or fire suppression systems.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other
applicable standards and requirements of the SVMC.
Section 3. Amending chapter 22.130 SVMC. Chapter 22.130 SVMC is hereby amended as
follows:
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22.130.070 Required improvements.
A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of
Chapter 22.130 SVMC, the city manager or designee shall determine the extent and type of street
improvements and right-of-way/border easement dedications 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 City of Spokane Valley Transportation Improvement 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.
B. Requirements may include but are not limited 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. Participation in capital improvement projects as included on the adopted six -year Transportation
Improvement Plan.
4. Participation in transportation impact fee areas pursuant to chapter 22.100 SVMC,
22.130.080 Future acquisition areas.
Repealed by Ord. 18-003.
22.130.090 Conditional use permit.
Repealed by Ord. 25-007
22.130.100 Right-of-way permit and use requirements.
Repealed by Ord. 25-007
Section 4. Other sections unchanged. All other provisions of chapters 17.80 and 22.130
SVMC not specifically referenced herein shall remain in full force and effect.
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
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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 3`d day of June 2025.
_Je'411 --
Mayor, Pam Haley
ATTEST:
I �
Marci Pa erson, City Clerk
Approved As To Form:
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22.130.070 Required improvements.
A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of
Chapter 22.130 SVMC, the city manager or designee shall determine the extent and type of street
improvements and right-of-way/border easement dedications 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 City of Spokane Valley Transportation Improvement 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.
B. Requirements may include but are not limited 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. Participation in capital improvement projects as included on the adopted six -year Transportation
Improvement Plan.
4. Participation in transportation impact fee areas pursuant to chapter 22.100 SVMC,
22.130.080 Future acquisition areas.
Repealed by Ord. I8-003.
22.130.090 Conditional use permit.
Repealed by Ord. 25-007.
22.130.100 Right-of-way permit and use requirements.
Repealed by Ord. 25-007.
Section 4. Other sections unchanged. All other provisions of chapters 17.80 and 22.130
SVMC not specifically referenced herein shall remain in full force and effect.
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
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