Ordinance 04-034 Amends Ordinance 03-053 Interim Development Regulations CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-034
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
AMENDING ORDINANCE 03-053 INTERIM DEVELOPMENT REGULATIONS
RELATING TO ADMINISTRATIVE VARIANCES AND EXCEPTIONS; PROVIDING
FOR SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City of Spokane Valley Ordinance No. 03-053 adopted the Spokane County
Zoning Code as Interim Development Regulations pursuant to the requirements of RCW Chap. 36.70A;
and
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Section 1. Chapter 14.506 of the Spokane Valley Interim Development Regulations is hereby
amended to read as follows:
"C'hupter 14.506 ADMINISTRATIVE EXCEPTION
14.506.000 Intent
The Community Development Director may approve minor deviations to requirements for setbacks, lot
coverage, minimum lot size and building height where the strict application of Code is found
unreasonably detrimental to the development of the property and the interests of the property owner,
subject to 14.605 030. Approval Criteria.
14.506.020 Allowed Exceptions
Exceptions may be considered only when they involve any of the following circumstances.
1. Any dimensional requirement which does not exceed one(I) foot.
2. Under the following conditions:
a. A parcel established prior to March 31,2003 that does not meet the buildable square footage
requirements Ibr a parcel in a particular zoning district;or
b. A legally non-conforming dwelling with respect to setbacks, height and size which otherwise
could not be expanded or reconstructed;or
c. A duplex constructed prior to March 31, 2003 that does not meet the minimum parcel size,which
could not otherwise be reconstructed.
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3. Yard setback requirements where the deviation is for ten percent(10%)or less of the required yard.
4. Building height requirements where the deviation is for ten percent(10%)or less of the maximum
building height. Additional building height may be granted to the equivalent height of adjacent
buildings in areas where the maximum building height is generally exceeded.
5. Minimum lot area requirements where the deviation is for five percent(5%)or less of the required lot
area.
6. Maximum building coverage requirements where the deviation is for five percent(5%)or less of the
maximum building coverage.
7. Lot frontage and/or width under the following circumstances:
a_ Lot frontage and/or width requirements where the deviation is for ten percent(10%)or less than
the required lot frontage.
b. Lot frontage and/or width requirements where the deviation is greater than that listed in
14.506.020(7a)provided that the Department may require circulation to affected agencies
resulting in conditions of approval.
8. Up to one-half(1/2)of a private tower's "impact area" off of the applicant's property.
9. Flanking Street Yard setbacks, provided that:
a. At the time the subject parcel was legally created the property was zoned under a zoning
classification of the pre-January I. 1991 Spokane County Zoning Ordinance,and subsequently on
January 1, 1991 a new zoning classification from the Zoning Code of Spokane. Washington was
assigned to the subject property; and
b. Any Flanking Yard Setback deviation granted under this section shall not exceed the required
Flanking Street setback standards of the pre-January I, 1991 Zoning classification of the subject
property.
10. Any improved property rendered non-conforming through voluntary dedication of right-of-way,the
exercise of eminent domain proceedings or purchase of right-of-way by the City, the County or State
or Federal agency.
14.506.030 Approval Criteria
Criteria for approval or denial of applications shall be established by the Community Development
Director if it is shown that:
1. The administrative exception does not detract from the character and nature of the vicinity in
Ordinance 04-034 Admin Variances Page 2 of 3
which it is proposed:
2. The administrative exception enhances or protects the character of the neighborhood or vicinity
by protecting natural features, historic sites,open space,or other resources;
3. The administrative exception does not interfere with or negatively impact the operations of
existing land uses and all legally permitted uses within the zoning district it occupies; and
4. Granting the administrative exception does not constitute a threat to the public health,safety and
welfare within the city.
14.506.04(1 Procedures
he decision and conditions of approval of the Department in granting or denying an administrative
exception should be submitted in writing to the applicant within thirty (30) days, but no longer than sixty
(60) days, of receipt of a complete application. Such decision must indicate how the administrative
exception is consistent or inconsistent with any criteria or guidelines set forth herein.
if the Department determines that a requested administrative exception does not meet appropriate criteria,
the application may he processed as a variance in the manner outlined in Section 14.404.080."
Section 2. Section 14.404.090 Administrative Variance is hereby repealed.
Section 3. Severahility. If any section. sentence, clause or phrase of this ordinance shall 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 4. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law.
PASSED by the City Council this l0'h day of August,2004.
Mayor. Michael lkVl ring
C44:1/94 '
i..._ �..__F '.
ity Clerk,Christine Bain ridge
Approved as to Form:
pu City Attorn C ry Driskel I /
Date of Publication: '�D -�T
Effective Date: P - d5-- Qy
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