Loading...
Ordinance 03-097 Amends Non-Conforming Provisions of Adult Retail Businesses CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 03-097 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING CHAPTER 14.508,NONCONFORMING PROVISIONS,OF TEE INTERIM SPOKANE VALLEY ZONING CODE RELATING TO ADULT RETAIL BUSINESSES WHEREAS, the City Council passed Ordinance No. 53, adopting the Spokane County Zoning Code as the Interim Zoning Code for Spokane Valley; WHEREAS, the City Council adopted Ordinance 03-076 on August 26, 2003 extending the expiration of the amortization schedule adopted in the Interim Zoning Code from September 7, 2004 to September 7, 2005; WHEREAS, there currently exists in Spokane Valley four adult retail businesses that would be subject to the provisions of the amortization schedule in the Interim Zoning Code; WHEREAS, after receiving citizen input on whether to continue with the amortization schedule, the City Council does not find there currently exists a substantial need to continue the amortization schedule in the interest of public health, safety and welfare; WHEREAS, the Planning Commission conducted a public hearing on October 9, 2003 to consider the recommended changes contained in Attachment A to this Ordinance; WHEREAS, the Planning Commission made a unanimous recommendation to amend the Spokane Valley Interim Zoning Code 14.508 as contained in Attachment A to this Ordinance; and WHEREAS, the City Council has considered the record developed by the Spokane Valley Planning Commission, as well as the legislative records developed by Spokane County, the City of Spokane in the process of adopting their respective adult retail zoning provisions, and adopts those records as constituting part of the basis in amending the non-conforming provisions relating to adult retail businesses. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Amendment. Chapter 14.508.040 of the Interim Spokane Valley Zoning Code is hereby amended as set forth in Attachment A. - Section 2. 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 phrase of this ordinance. Section 3. 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. Ordinance 03-097 Adult Entertainment Page I of 2 I. , Passed by the City Council this 2°d day of December, 2003. I IA. 4 �,� 1 Michael DeVleming, Mayor Att• t/ / . r�- /3e24--,h, 1 — hristine Bainbridge, City Clerk Approved as to Form: c 0 / —P Cary P riskell, Depot, —ity Attorney Date of Publication : / `& -(J_3 Effective Date: / --//-0-3 0owtwt turoi. 0 \II OF 5I'•,.• • Coq•• .0 : (, �9 v: m_v 9 Ordinance 03-097 Adult entertainment Page 2 of 2 DRAFT - DRAFT CHAPTER 14.508 NONCONFORMING PROVISIONS Section: 14.508.000 Procedure 14.508.020 Nonconforming Lot 14.508.040 Nonconforming Uses 14.508.060 Nonconforming Buildings and Structures 1.4.508.080 Nonconforming Lot Acquisition by Government Entity 14.508.000 Procedure Determination of nonconforming status of a lot, use, building or structure is an administrative function of the Planning Department. Property owners asserting the nonconforming status of a lot,use,building or structure shall submit such information as the Department deems necessary to substantiate or document the claim to nonconforming status. 14.508.020 Nonconforming Lot . A single-family dwelling or a manufactured (mobile)home and customary accessory buildings may be erected or located on a nonconforming lot,on the effective date of this Code or amendment thereto,in any zone in which single-family dwellings or manufactured(mobile) homes are permitted. A single-family dwelling or manufactured (mobile)home and customary accessory buildings constructed or located on a nonconforming lot shall comply with all provisions of this Code or amendments thereto except provisions for frontage, lot width,density, Section 14.706.100 subsections(2)and(3),bui.ldi.ng coverage and/or lot area that are generally applicable in the zone in which such nonconforming lot is located. This section shall not apply to those lots,tracts or parcels that have a frontage along a public street of less than thirty(30)feet. 14.508.040 Nonconforming Uses - :. • snmertt o . .L•- - -•- . .ed-areas-of- ka�a y ©i!-t- , •••, • • • _ •• - •-a-ilefi1ee• - . • • .. •-S-C-(die-plifSu$f4t•to-Resol, n. . . •• e - . •unat a . .. - . . _ -rrthilt n-date'-iii - .- _ •• - • Fi - . . . . 2imw • . _ . - , -t!"=1-lie- . • ^ •Fly-etteriS' • - - . - ^ . -e4terisiont peri9�l-Shall be-b. . . _- . - - -- . • .. ; . - - =sllif►-•ased-upen-afn irreversible-finances' nt-made-prier • . •. - , •••, codes ' - . - •he-subject pr- . - . . - - ' - - -:sien-ef-the-Director of guikling-and-Plannints• .. - _ - - , •voided-ii-Seetien 14.412.011. The-Hearing Body for the purpose of t-his-appe - . - - - - leaFing-l4xaflnirter. The expansion or extension of a use, which was lawfully established and in existence,and which becomes nonconforming as a result of the adoption of the Spokane Valley Interim Zoning Code on March 31,2003,shall be considered a legal use and allowed to expand,remodel or rebuild as if the use was a permitted use in that zoning district. The expansion shall be limited to the parcel in existence and platted (or otherwise divided) as of March 31,2003 for a use(or expansion) that has received approval through the issuance of a building permit or land use approval. The nonconforming use identified in this section shall not be expanded onto adjacent parcels or properties. (City Council Ordinance No. 53,effective March 31,2003) Chapter 14.508 Page 57 Attachment A Printed: 9/15/03 Any expansion allowed under this section shall meet the applicable development standards for the zoning district that the use is located including, but Limited to setbacks, height, landscaping, and off-street parking. This provision does not a[low for new nonconforming uses to be established contrary to the provisions of this Code. Exception: this provision does not include the keeping of inherently dangerous mammals and/or inherently dangerous reptiles. Any • expansion or extension of these uses shall not be permitted. (City Council Ordinance No. 53, effective March 31,2003) A nonconforming use that has been abandoned or discontinued for a period of more than one (1) year shall thereafter he replaced by a use that conforms to the regulations of the zone in which the use is located. The term nonconforming use refers to only a single existing use and does not include all uses to which the property could have been put under a prior zoning ordinance or zoning classification, (City Council Ordinance No. 53,effective March 31, 2003) To ensure public safety, a nonconforming determination for the keeping of inherently dangerous mammals or inherently dangerous reptiles shall only be made by the Director of Planning and/or his/her appointee. The nonconforming determination shall be made within sixty(60) days of the adoption of this amendment (Resolution No 99-1U61)_ The approval of nonconforming rights shall be based on finding (1) That the animal keeping facility was in existence prior to the adoption of this amendment (2) the facility was and is licensed by the Spokane County Animal Control Authority according to Spokane County Code Chapter 5.12; (3)That the determination of nonconforming rights shall apply on to the licensed keeper, the mammals and/or reptiles being kept, and the location of the facility; (4) Licensed facility is outside of a radius of 400 feet from a school, daycare center, church and public park as defined in this Code. (Res_ No 99-1061, dated November 30,1999)_ The nonconforming determination shall expire upon one of the following occurrences: (1) Removal or death of such animal(s) and/or reptiles); (2)The licensed keeper no longer resides at the location of the licensed facility; or (3) Failure to maintain annual license with the Spokane County Animal Control Authority. (l(es. No. 99-1061, dated November 30,1999) 14.508.060 Nonconforming Buildings and Structures Restoration of a nonconforming building or structure which is damaged by fire, flood, or act of nature shall be initiated, as evidenced by the issuance of a valid building permit within one (1) year of the date of such damage or destruction, and diligently pursued to completion. The Director of Community Development may extend this time period of an additional one (1) year if the applicant can demonstrate that due to circumstances beyond his/her control meeting the initial one (1) year time frame was not possible. Upkeep, repair, and maintenance of nonconforming buildings are permitted. A building or structure not conforming with respect to a legal nonconforming use, height, yard requirements, coverage or density, may be restored in the event of damage, or altered or extended provided that the alteration or extension does not result in further violation of this Code. 14508.080 Nonconforming Lot Acquisition by Governmental Entity. When a municipal corporation or political subdivision of the State of Washington acquires a portion of a lot, tract, or parcel of land and, as a result thereof, reduces said lot, tract, or parcel of land in area and/or frontage by no more than ten percent(10%)of the minimum requirements of the underlying use rithin the zone classification,said lot,tract or parcel of land shall be deemed to be a nonconforming lot or tract with respect to area and/or frontage; provided,a nonconforming use status resulting from an acquisition under this section, as opposed to a • Zoning Code amendment, shah] run with the [and, and the status of the nonconformiunguse shall be perpetual and continuous,absent a subsequent amendment of the Zoning Code, regardless of whether the nonconforming use is actually being exercised or snot_ Chapter 14.508 Page 58 Zoning Code Printed: 9/15/03 Of Spokane County