Ordinance 10-023 Amending SVMC 19.20.060(A) Non-conforming Uses CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-023
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON
AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 19.20.060(A)
NONCONFORMING USES AND STRUCTURES: SECTIONS 2.0.1,APPLICABILITY; 2.1.3 MIXED-
USE AVENUE DISTRICT ZONE TABLE; 2.2.7 FRONT STREET SETBACKS; 2.2.8 SIDE STREET
SETBACKS; FIGURE 2.3.1.2 PRE-LOCATED STREETS MAP; 2.3.1 (2) AND 2.3.1 (2 & 3) STREET
STANDARDS; AND OTHER MATTERS RELATED THERETO.
WHEREAS, the Sprague and Appleway Corridors Subarea Plan was adopted on June 16th 2009 and
became effective on October 15th,2009; and
WHEREAS, these amendments are consistent with the goals and policies of the City's
Comprehensive Plan and Book 1 of the Sprague and Appleway Corridor Subarea Plan; 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; 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 September 9, 2010, the Planning Commission reviewed the proposed amendments;
and
WHEREAS, the Planning Commission received information, public testimony and a staff report and
recommendation at a public hearing on October 14,2010; and
WHEREAS, the Planning Commission deliberated on October 14, 2010; the Planning Commission
provided a recommendation; and
WHEREAS,on November 2,2010,City Council reviewed the proposed amendments; and
WHEREAS, on November 9, 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: The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book II — Section 2.0.1 Applicability Page 13 of 123, Orientation of the Sprague and Appleway Corridors
Subarea Plan
1) City Center District Zone. These regulations shall apply to:
a)New construction.
Ordinance 10-023 Page 1 of 4
b)Additions greater than 20%of the building floor area.
c) Exterior Improvements ("facelifts") costing more than 20% of the assessed or appraised value of the
building and land. Such exterior regulations shall conform to the architectural regulations contained in Section
2.5.
2)All Other District Zones. These regulations shall apply to:
a)New construction.
b) Exterior Improvements ("facelifts") costing more than twenty percent (20%) of the assessed or appraised
value of the building and land. Such exterior improvements shall conform to the architectural regulations
contained in Section 2.5.
3)New Construction.New construction is defined as an entirely new structure or the reconstruction,remodel,
rehabilitation or expansion of a building costing more than eighty percent(80%) of the assessed or appraised
value of the existing structure and land. In addition,the applicant shall comply with all the regulations within
the Subarea Plan,except those that would require moving an existing building.
Section Two: The Spokane Valley Municipal Code 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);
5. Existing legally established single family residential uses located in any nonresidential zoning
district shall not be deemed nonconforming and shall be permitted as a legal use.
Section Three: The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book II— Section 2.2.7 Front Street Setback, page 40 of 123, Site Development Standards of the Sprague and
Appleway Corridors Subarea Plan.
FRONT STREET SETBACK
Front Street Setback is defined as the required distance from the back of sidewalk line along a Front Street to a
primary building facade.This is illustrated in Figure 2.2.7 Front Street Setback.
Section 3.3 of Book III: City Actions are adopted as part of these development regulations. Along streets with
approved street reconfiguration plans, Front Street Setback distances shall be measured based on either 1)the
back of sidewalk location following street reconfiguration, or 2)approved City plans for street reconfiguration
that relocate the back of sidewalk.
Front Street Setback areas must be landscaped according to the principles set forth in Section 2.3. Street and
Open Space Regulations except where exceptions are noted within the Private Frontage Standards for a
Ordinance 10-023 Page 2 of 4
particular Frontage Type or in Section 2.1.1 District Zones Regulations. Several Frontage Types' plan and
section illustrations depict the front setback dimension with an "x". The minimum and maximum number for
that setback dimension shall be as specified in Section 2.1.District Zones Regulations.
At required setback areas, arcades, awnings, entrance porticos,porches, stoops, stairs,balconies,bay windows,
eaves, and covered entrance overhangs are permitted to encroach within the required front street setback as
shown in the frontage type illustrations. Encroachments may extend up to a maximum of six (6) feet into the
private frontage.
At zero-setback areas,building overhangs such as trellises, canopies and awnings may extend horizontally into
the public frontage up to a maximum of six(6)feet. These overhangs must provide a minimum of eight(8)feet
clear height above sidewalk grade.
If an existing easement is located in the required front street setback, the Community Development Director
has the discretion to establish a reasonable setback from the outer edge of the easement.
Section Four: The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book II-Section 2.2.8 Side Street Setback, page 40 of 123, Site Development Standards of the Sprague and
Appleway Corridors Subarea Plan.
SIDE STREET SETBACK
Side Street Setback is defined as the required distance from the back of sidewalk line along a Side Street to a
primary building façade. This is illustrated in Figure 2.2.8 Side Street Setback.
Side Street Setback areas must be landscaped according to the principles set forth in Section 2.3. Street and
Open Space Regulations except where exceptions are noted within the Private Frontage Standards for a
particular Frontage Type or in Section 2.1.1 District Zones Regulations. Several Frontage Types' plan and
section illustrations depict the setback dimension with an "x". The minimum and maximum value for that
setback dimension shall be as specified in Section 2.1.District Zones Regulations.
If an existing easement is located in the required side street setback,the Community Development Director has
the discretion to establish a reasonable setback from the outer edge of the easement.
Section Five: The Sprague and Appleway Corridors Subarea Plan section 2.2.2.1(e) shall be amended as
follows:
Book II-Figure 2.3.1.2 Pre-Located Streets Map, Page 43 of 123, Street and Open Space Regulations of the
Sprague and Appleway Corridors Subarea Plan as depicted in Exhibit A attached hereto.
Section Six:
Book II-Section 2.3.1.2 Pre-Located Streets, Page 43 of 123, Street and Open Space Regulations of the
Sprague and Appleway Corridors Subarea Plan.
The pre-located street map (see Figure 2.3.1.2) above) shows preferred alignments for future streets within the
corridor.
The pre-located street map (see Figure 2.3.1.2) above) shows potential alignments for future streets within the
corridor. It is desirable to have additional access points into new development. The exact location of new
streets will be determined at the time of development. The new street alignments are also considered future
acquisition areas. To ensure that new streets can be constructed in the future,buildings may not be constructed
on a pre-located street and buildings must be set back the minimum distance shown on the district zone charts
Ordinance 10-023 Page 3 of 4
located in Section 2.1. The street or future alignment may be relocated at the discretion of the Community
Development Director/Designee if the applicant can show that the proposed new configuration satisfies the
same traffic requirements and establishes an equivalent interconnected street network.
3)MAXIMUM BLOCK LENGTH
The maximum intersection spacing for local access streets is six hundred sixty (660) feet per Table 7.5
(Chapter 7 Street Elements)of the City of Spokane Valley Street Standards adopted December,2009.
Section Seven: The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book II, Section 2.1.3 Mixed-Use Avenue District Zone, page 22 of 123, Table 2.3. Street and Open Space
Standards of the Sprague and Appleway Corridors Subarea Plan as depicted in Exhibit B attached hereto.
Section Eight: All other provisions of the Spokane Valley Municipal Code and the Sprague and Appleway
Corridors Subarea Plan not specifically referenced hereto shall remain in full force and effect.
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 16th day of November, 2010. I
/
Mayor,Thomas E.'Towey
ATTEST:
ç -v City Clerk,Christine Bainbridge
Approved as to Form:
Offic-4 f the Ci AttGrney
Date o Publication:November 19, 2010
Effective Date:November 24,2010
Ordinance 10-023 Page 4 of 4
EXHIBIT B
2.1.3 Mixed Use Avenue District Zone Regulations
Legend:
---:Not Permitted U:Upper Floors Only G:Ground Floor Only
Permitted:These elements arc allowed by right unless otherwise specified in Section 2.2.2.Building Use Required:These are Required elements of all new development as
indicated.
Limited:These frontages may only be applied to access lobbies for upper floor uses that are different from the ground floor use
(A):For Anchor Stores:
(AI):larger than 25,000 sq.ft.,I floor/20 ft.is permitted, (A2):larger than 50,000 sq.ft.,regulation does not apply, (A3):larger than 50,000 sq ft.,parking type is permitted
2 SiterievetopmentStandards 2�3 Street arid Sprague Qtlter
t
. . span Space:Standards Ave.'s ,-..Streets
Street/Street Category Sprague Ave. Other Streets 2.3.1.Street Standards
2.2.1.Building Orientation to Streets and Public 1)Street Provision required required
Open Spaces
required or not required required required 2)Pre-Located Street required ®.
2.2.2,Building Use 3)Maximum Block Length 660 feet 660 feet
1)Retail 4)Street Configuration required required
a)City Center Retail --- --- 5)Street Type --
b)Neighborhood Center Retail --- --- a)Plaza Drive N/A
c)Mixed-Use Avenue Retail permitted --- b)City Street N/A
d)Corner Store Retail - - c)Neighborhood Street
Gateway Commercial Avenue Retail --- --- d)Neighborhood Green Street ®®'
1)Gateway Commercial Center Retail --- --- e)Service Street 1111=E=®
2)Civic,Quasi-Civic,&Cultural permitted permitted 1)Alley ®®
3)Office permitted permitted g)Passage N/A
4) Light Industrial permitted permitted 23.2,Open Space Standards
5)Lodging(w/common entry) permitted permitted see section 2.3.3
6)Live-Work permitted permitted
7)Residential . Sp ague _—.-Other
2.4 Parking Standards :;;Ave. Streets.:
a)Multi-Family w/Common Entry permitted permitted 2.4:1.Parking(Types
b)Attached Single-Family w/Individual Entry --- permitted I)Surface Parking --
c)Detached Single-Family Housing --- --- a)Front lot
2.2.3.Building Height b)Side lot IrOMEMIIEMZEIII
minimum height 1 floor/20 ft 1 floor/20 ft c)Rear lot .®-. '®''
maximum height 4 floors/53 ft 4 floors/53 ft 2)Parking Structure --
2.2,4.Relation to Single Family Homes a)Exposed 1113!EMEM=EMI
required or not applicable required I required b)Wrapped-Ground Level '®''
2 2.5.Public Frontage Improvements c)Wrapped-All Levels 1111221=MEM!
required or not required required not required d)Partially Submerged Podium ®''
2 2,B.Private;Frontage _ e)Underground Parking '®''
1)Shopfront permitted permitted 2,4.2.Parkin.Standards
2)Corner Entry permitted permitted see section 2.4.2
3)Arcade permitted ---
4)Grand Portico permitted permitted
2.5.Architectural, :';.Sprague Other
Standards. .Ave.. :- Streets:'°.
5)Forecourt permitted permitted 25.2.HeightMassing& omposition
6)Grand Entry permitted permitted Top
7)Common Lobby Entry limited limited Base '®'' ®'
8)Stoop permitted permitted 2.5.3.Length'Massing&Composition
9)Porch -- ---
10)Front Door --- --- Sidewall&Real-wall Increment �®
I I)Parking Structure Entry permitted pemntted
12)Vehicle Display:Option I --- --- 2.6 Signage Standards Sprague Other .;
Ave-..�.:- .Streets r:,
13)Vehicle Display:Option 2 --- --- 2.6.2.Signage Types
14)Edge Treatment:Fenced --- pemnitted see section 2.6
13)Edge Treatment:Terraced --- permitted
14)Edge Treatment:Flush permitted permitted
2,23,Front Street Setback
minimum/maximum 20 ft/25 ft—I 10 ft/20 ft
2.2,8.Side Street Setback
minimum/maximum 5 ft/15 ft I 10 ft/20 ft
2.2.9.Side Yard Setback
minimum w/living space windows 10 ft I loft
minimum w/out living space windows 5 f 1 5 ft
2.2.10.Rear'Yard Setback
minimum setback 10 ft 1 10 ft
2..2.11.Alley Setback
minimum setback 5 f I 5 ft
2.2.12.Frontage Coverage
minimum percentage covered 60% 1 no min.
2:2.13.B u ild=to-Corner
required or not required required I required
2.2.14.Maximum Building Length
Ordinance 10-023 Exhibit B-2.1.3 Mixed Use Avenue District Zone Regulations
Page 10A of 13