Loading...
Ordinance 12-007 Amends SVMC TItle 19 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO, 12-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 19.30.010 AND 19.40.120 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PROVISIONS WITHIN TITLE 19 THAT CONTAIN INACCURATE CROSS REFERENCES TO STATE AND FEDERAL LAW; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 19 to regulate zoning in the City; and WHEREAS, Section 19.30.010 of the Spokane Valley Municipal Code references RCW 36.70.130(2)(a)which does not exist; and WHEREAS,the correct citation should be RCW 36.70A.130(2)(a);and WHEREAS, Section 19.30.010 of the Spokane Valley Municipal Code should be amended in order to correct the citation; and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code regarding manufactured homes cites 42 U.S.C. 7 §§ 5401-5403 which relates to social security when it should actually reference 42 U.S.C. 70 §§ 5401-5403 which relates to manufactured home construction and safety standards; WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code should be amended in order to correct the citation; and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code also cites RCW 35.21 (miscellaneous provisions) when the more accurate citation for this Section is RCW 35.21.684 (authority to regulate placement or use of homes -- regulation of manufactured homes — issuance of permits — restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences); and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code should be amended in order to correct the citation. • NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as • follows: Section 1. Amending Spokane Valley Municipal Code Section 19.30.010 regarding the reference to RCW 36.70.130(2)(a). Spokane Valley Municipal Code Section 19.30.010 is hereby amended as follows: 19.30.010 Comprehensive Plan text and map amendments. Pursuant to RCW 36.70A.130(2)(a),proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original subarea plans,amendments to the shoreline master program,the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall he processed pursuant to SVMC 17.80.140. Draft Ordinance 12-007 Amending SVMC Title 19 Page 1 of 2 Section 2. Amending Spokane Valley Municipal Code Section 19.40.120 regarding the references to 42 U.S.C. 7 § 54010-5403 and RCW 35.21. Spokane Valley Municipal Code Section 19.40.120 is hereby amended as follows: 19.40.120 Manufactured housing. A. Pursuant to the requirements of RCW 35.21.684,the City does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. B.Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards(as they may be amended)are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard; provided,however,that the manufactured home shall: 1.Be a new manufactured home; and 2.Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load-bearing or decorative; and 3. Comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 3:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located; and 4.Be thermally equivalent to the state energy code; and 5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.. . . Section 3. Remainder of SVMC Title 19 Unchanged. The remaining provisions of SVMC Title 19 are unchanged by this amendment. Section 4. 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 of unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. 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 this 14th day of February, 2012. / , A X T: i-e---��; ( 7 A' -', /, Mayor,Thomas E.Towey - ".Cify Clerk, Clrristin% airrbridge Approved As To,Form: ii Office oft e'City Attontey Date of Pdi lication: 2 —2 C/%rte Effective Date: 2 ---2 C? `, Draft Ordinance 12-007 Amending SVMC Title 19 Page 2 of 2