Ordinance 10-016 Amending SVMC 19.20.060 CITY OF SPOKA NE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-016
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 AND SPOKANE VALLEY MUNICIPAL
CODE SECTION 19.20.060 ALLOWING THE EXPANSION OF NON-CONFORMING
USES IN CERTAIN CIRCUMSTANCES.
WHEREAS, the City of Spokane Valley (City) 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, after reviewing the Environmental Checklists, the City issued a Determination of Non-
significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City
Hall and mailed the DNS to all affected public agencies; and
WHEREAS, the City provided a copy of the proposed amendment to Washington State Department of
Commerce (DOC) initiating a 60 day comment period pursuant to RCW 36.70A.106 on the 16th day of June,
2010; and
WHEREAS, the amendment as is set forth below bears a substantial relation to the public health, safety and
welfare and protection of the environment; and
WHEREAS,on June 24,2010,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 June 24, 2010;and
WHEREAS, the Planning Commission deliberated on June 24, 2010; the Planning Commission provided a
recommendation; and
WHEREAS,the Planning Commission received no objection to the proposed amendment from the public; and
WHEREAS, the Planning Commission is an advisory body to the City Council as is set forth in SVMC
18.10.050 and RCW 35.63.060; and
WHEREAS,on July 20, 2010, City Council reviewed the proposed amendments,the recommendations by the
Planning Commission and the record before the Planning Commission including the minutes of that meeting;
and
WHEREAS, The changes to the proposed amendment considered by the Planning Commission as is set forth
below do not expand any use or potential impact not under consideration by that body and in fact, further limit
the potential impact of the original proposal on adjacent properties and the general health, safety, welfare and
protection of the environment; and
WHEREAS, on July 20, 2010 the City Council voted to not adopt the findings of the Planning Commission
and requested staff to provide alternative language that would, in specific circumstances allow such an
expansion of non-conforming uses, limit the scope of the applicants proposal and be responsive to the concerns
raised in the Planning Commission findings; and
Ordinance 10-016 Page 1 of 4
WHEREAS, the City Council determined that such an amendment would be consistent with the
comprehensive plan if restricted to the more intensive zones allowing commercial and industrial uses and
further limiting such an expansion to only properties with the same zoning classification as the original non-
conforming use; and
WHEREAS, The amendment as is set forth below is consistent with the Land Use Commercial Goals and
Policies Goal LUG-3, as well as the Economic Development Goals set forth in Chapter 7 — Economic
Development; and
WHEREAS,the provisions set forth below are also consistent with provisions contained within land use codes
of jurisdictions located in the greater Spokane region; and
WHEREAS,the amendment as is set forth below, is intended to limit such an expansion of a non-conforming
use to only those properties immediately adjacent to the original non-conforming parcel, thus limiting any
further expansion; and
WHEREAS, on August 10, 2010, City Council considered a first ordinance reading to adopt the proposed
amendment.
NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One: SVMC Chapter 19 shall be amended as follows:
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;
Ordinance 10-016 Page 2 of 4
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 in the residential zones,R-1, R-2, R-3, R-4, MF,MF-2 zones,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. A non-conforming use in the commercial and industrial zones, MUC, CMU, CC, GO,0,NC, C,
!RC, I 1, I-2 zones may be expanded only within the boundaries of the original lot or tract and any lot or tract
immediately adjacent and contiguous to the original lot or tract, if:
a. The original lot or tract and the"expansion"lot or track are in the same zone classification;
and
I b. The property adjacent to the"expansion"tract or lot is within one of the commercial or
industrial zones listed above; and
c. The expanded use does not degrade the transportation level of service greater than the
original use; and
d. The expanded use does not adversely affect or interfere with the use of neighboring
property; and
le. The expansion does not create additional development opportunities on adjacent tracts that
would not otherwise exist.
6. 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.
7.Nonconforming uses that do not provide the required number of off-street parking spaces pursuant
to current standards shall not be considered as nonconforming.
8. 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.
9.Any nonconforming use changed to a conforming use shall not be permitted to convert to a
nonconforming use.
Section Two: All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically
referenced hereto shall remain in full force and effect.
Section Three: 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.
Ordinance 10-016 Page 3 of 4
Section Four: 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 24th day of August,2010
eAlf
Thomas E.Towey,Mayor •
AT :E2,:
.A
Christine Bainbridge, City Clerk
Approved as to Form:
C'
Office he City ttorney
Date of Publication: September 3, 2010
Effective Date: September 8,2010
Ordinance 10-016 Page 4 of 4