Ordinance 10-010 Amending Floodplain Regulations of SVMC CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 21.30.020, AND ADDING SECTIONS 21.40.070 AND 17.20.020 BY
UPDATING THE FLOOD INSURANCE RATE MAPS THAT IDENTIFY SPECIAL FLOOD
HAZARD AREAS TO REFLECT THE JULY 6, 2010 REPORT AND MAPS, ADDING
DEVELOPER LIABILITY LANGUAGE AS IT RELATES TO DEVELOPMENT, AND
ADDING A REASONABLE USE EXCEPTION TO THE CRITICAL AREAS ORDINANCE.
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,
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 May 13, 2010,the Commission reviewed the proposed amendments; and
WHEREAS, the Commission received evidence, information, public testimony and a staff report and
recommendation at a public hearing on May 13,2010;and
WHEREAS,the Commission deliberated on May 13,2010;the Commission provided a recommendation;and
WHEREAS,on May 25, 2010, Council reviewed the proposed amendments; and
WHEREAS,on June 8, 2010, 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 Chapter 17.20
PURPOSE by adding section 17.20.020 Liability as set forth below.
Ordinance 10-010 Page 1 of 4
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
adequate 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 conserve 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,building, altering,
constructing, or moving a building or structure,or developing a parcel or parcels of property 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.
Section Two: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 21.30.020
Basis for establishing areas of special flood hazard of Chapter 21.30,as set forth below.
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.
21.30.020 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 Insurance Study Spokane County, Washington and Incorporated Areas"
dated July 06, 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 administrator. (Ord.
07-015 § 4, 2007).
Section Three: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending chapter 21.40 by
adding section 21.40.070 Reasonable Use Determination as set forth below.
Ordinance 10-010 Page 2 of 4
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
21.40.070 Reasonable use determination.
A. The standards and regulations of this section are not intended,and shall not be construed or applied in
a manner,to deny all reasonable economic use of private property. If an applicant demonstrates to the
satisfaction of the City of Spokane Valley that strict application of the standards of the ordinance 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,
considering possible changes in site layout,reductions in density and similar factors;and
3. That the proposed activities, as conditioned,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 above 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 easements. The written decision shall include conditions necessary to
serve the purposes of the ordinance.
D. Process.
A reasonable use determination is classified as a Type I permit and shall be processed pursuant to SVMC
17.80.070.
Section Four: All other provisions of SVMC Title 17 and Title 21 not specifically referenced hereto shall
remain in full force and effect.
Section Five: 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 Six: 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.
Ordinance 10-010 Page 3 of 4
Passed by the City Council this 15th day of June, 2010.
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1Vfayor,Thomas E.Towey
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ity Clerk,Christine Bainbridge
Approved as to Form:
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O ?ice-of the City Attorney
Date of Publication: June`1 2010
Effective Date: June 3'.,010
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