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Agenda 06/14/2012 �CITYO�� p Vall�/ u � Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. June 14, 2012 6:00 p.m. L CALL TO ORDER IL PLEDGE OF ALLEGIANCE IIL ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VL PUBLIC COMMENT: On any subject that is not on the agenda VIL COMMISSION REPORTS VIIL ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS A. UNFINISHED BUSINESS: 1. Deliberations — Shoreline Advisory Group Public Hearing Draft Shoreline Master Program Goals and Policies B. NEW BUSINESS: 1. Planning Commission Training—Zoning Code 2. Planning Commission Rules of Procedure - Discussion X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR 70HN G.CARROLL SCOTT KUHTA,PLANNING MGR,AICP RUSTiN HALL RoD HIGGINs STEVEN NEILL MARCIA SANDS DEANNA GRIFFITH,SECRETARY JOE STOY-VICE CHAIR WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: June 14,2012 Item: Check all that apply: ❑consent �old business ❑new business ❑public hearing ❑information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Deliberations — Shoreline Master Program Update - Draft Goals and Policies GOVERNING LEGISLATION: Shoreline Management Act(SMA)under RCW 90.58 PREVIOUS ACTION TAKEN: A study session was held on March 22, 2012, and a public hearing was conducted on April 12. The written public comment period was extended to April 17, 2012. Deliberations were conducted on May 10, 2012,May 24, 2012 and continued. NOTICE: Notice for the public hearing was placed in the Spokane Valley News Herald on March 23, 2012. The notice was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: RCW 90.58 and WAC 173-26 define the process for approval of an SMP and require that the document be consistent with the goals and policies of the SMA. BACKGROUND: The City's Shoreline Master Program update team,with the assistance of a Shoreline Advisory Group (SAG), completed the draft Goals and Policies for the Shoreline Master Program Update in July 2011. A public hearing was conducted on April 12, 2012 and testimony was received. All comments have been previously provided for review. On May 10, 2012 the Commission began deliberations with the assistance of Attorney Tadas Kisielius. Mr. Kisielius highlighted draft goals and policies that may be more restrictive than what the DOE Guidelines require, and areas where policy decisions are appropriate based on local circumstances. He also discussed language changes to numerous policies to reflect the statutory standard regarding key SMA concepts of no net loss and critical areas. During deliberations directives were informally given to staff to modify speci�c policies. At the May 24rh meeting staff presented language revisions for review and discussion. The Commission determined the revisions acceptable, and began a �nal review of the draft goals and policies element by element. The Commission completed their review of Elements 1-4 and began review of Element 5. Mr. Carroll requested that policies 4.11 and 5.12 be drafted to include separate standards for private and public projects. Language will be presented at the meeting for consideration. The Commission should continue the review and be prepared to discuss policies of concern and recommend modifications to the policies, or provide staff with other direction. As a reminder, the document under review is the Shoreline Advisory Group Draft for Public Hearing — Attachment 1. When discussing the draft goals and policies bear in mind that all changes will relate to this document. All specific comments have been transferred to the comment table with a staff recommendation noted. Hence, the two key documents referenced during discussion are the Goals and Policies SAG Draft for Public Hearing labeled as Attachment 1 and the most recent Comment Table, which has been modified for the May 24, 2012 PC Meeting. The table is identified in the upper left corner noting which meeting it is prepared for. OPTIONS: The Planning Commission may recommend that the Council accept the draft goals and policies as presented; recommend acceptance with modifications, recommend the proposal not be accepted, or forward no recommendation to City Council. 1 of 2 RECOMMENDED ACTIONS: The Commission has a motion on the table to recommend that the Council accept the Draft Goals and Policies. The Commission should complete their deliberations and then vote on the motion. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 2 of 2 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: June 14, 2012 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing �information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Planning Commission Training—Zoning Tutorial GOVERNING LEGISLATION: Spokane Valley Municipal Code PREVIOUS ACTION TAKEN: N/A BACKGROUND: Training session on Spokane Valley's zoning regulations. OPTIONS: N/A RECOMMENDED ACTIONS: N/A STAFF CONTACT: Scott Kuhta, AICP, Planning Manager ATTACHMENTS: 1. Spokane Valley Zoning Map 2. SVMC Title 19—Zoning Regulations 3. Presentation 1of1 - - - - - - - - -- -- -- � ? -- -� - - -- -- - - ---- � - ---- - - -'------ --� - - --� - � � ' ' �fi45 Spokane Valley � , 2643 � - ' —� '2644 ' I . � �:: � ... . � . ' '' ' ZOriI�1 4 'S — �'_-I�I• _3} �_ i �32 -�l 3ac. _- � �6 r-j �� h�,. Z •`l� � �..��r T Y� _, 1 , ' � �r ' � ' � ,... I � � �� 'j� 3 �y n I ' ve I- r - � .� - - — � . ' -y- ______ 1 — , -- - ---a - , , � �, � , � � � � �,�-�` _; c�ryoe i i _ -L,�- � 1 � ' y-� S Spokane � I i�� -V � i — �'- � I i I �� - -�5- I �v��'�S� I 5 I p .. I ', - ,r� - � ' � �� i io � � , Legend � , � , : ii , � �( � i i I � iI � d i��, �` �� °�� .�� ° � '�� E�� R'� �� CMU _ ____sy x��x��e. - f -� �. 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I , �' 01 .' � ' - , Ofi I `� � 02. � 01 �� I-�t/ P C 9 A I� �� i �— ��2443 � I i' 2q44 � ' � ��, �� --06 �A45 a,�,�d��dm��,i�ar� � e„�o v, d � I ' I l i -F -; 'Y! - ]' f�ri accurory�or rnci h C ry jSp k f'aliey Commrn��ry - �- � � I I I �. ; �' , i _ O l p zntDepnrnnerit Oi" /Pl �S(509J 92!l000. � � i : -. .�_''�.• I . . - I �"_:. .� _ eof�nec�ryofSPakaoevelerf ,� � ' � . _ _ _ '____ ' _ ' ___'_ __ " " _' ' '_ � I _ __ _ ' � __ " '___.'_ _. _.___ "_'"_ � ' "" Title 19 for PC discussion Title 19 ZONING REGULATIONS Chapters: 19.10 Authority 19.20 Establishment of Zoning Districts 19.30 Changes and Amendments 19.35 Residential Density Bonus 19.40 District Purpose and Supplemental Use Regulations—Residential Zones 19.50 Planned Residential Developments 19.60 District Purpose and Supplemental Use Regulations — Commercial, Office and Mixed Use Zones 19.70 District Purpose and Supplemental Use Regulations—Industrial Zones 19.80 Adult Uses 19.90 Essential Public Facilities (EPFs) 19.100 Historic Preservation 19.110 Special Overlay Zones 19.120 Permitted and Accessory Uses 19.130 Site Plan Review 19.140 Administrative Exceptions 19.150 Conditional Use Permits 19.160 Temporary Use Permits 19.170 Variances Chapter 19.10 AUTHORITY Sections: 19.10.010 Adoption authority. 19.10.020 Applicability. 19.10.010 Adoption authority. This title is established pursuant to Section 11, Article XI of the Constitution of the State of Washington, RCW 35.63.080, and Chapter 35A.63 RCW. (Ord. 07-015 § 4, 2007). 19.10.020 Applicability. This section shall govern the occupation, use erection, alteration, removal, demolition or conversion of any and all buildings, structures, and land located within the corporate limits of the City of Spokane Valley (herein referred to as the "City"). (Ord. 07-015 § 4, 2007). Page 1 of 48 Title 19 for PC discussion Chapter 19.20 ESTABLISHMENT OF ZONING DISTRICTS Sections: 19.20.010 Zoning districts. 19.20.020 Zoning district map. 19.20.030 Zoning district boundary considerations. 19.20.040 Newly annexed territory. 19.20.050 New and unlisted uses. 19.20.060 Nonconforming uses and structures. 19.20.010 Zoning districts. The City has established the following zoning districts: R-1 Single-Family Residential Estate District R-2 Single-Family Residential Suburban District R-3 Single-Family Residential District R-4 Single-Family Residential Urban District MF-1 Multifamily Medium Density Residential District MF-2 Multifamily High Density Residential District MUC Mixed Use Center District CMU Corridor Mixed Use District CC City Center District GO Garden Office District O Office District NC Neighborhood Commercial District C Community Commercial District RC Regional Commercial District I-1 Light Industrial District I-2 Heavy Industrial District P/OS Parks/Open Space (Ord. 09-017 § 1, 2009; Ord. 07-015 §4, 2007). Page 2 of 48 Title 19 for PC discussion 19.20.020 Zoning district map. The boundaries of the zoning districts established herein are delineated upon the official zoning map of the City adopted as part of this code as if contained herein. The official zoning map shall be filed in the office of the city clerk. It shall be the duty of the community development director (director) to update and maintain the official zoning map by entering any changes that the city council (council) may approve. (Ord. 07-015 § 4, 2007). 19.20.030 Zoning district boundary considerations. In determining the boundaries of any zoning district the following rules shall apply: A. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Whenever any street, alley or other public way is vacated by official action of the council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts; D. Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control; E. Boundaries indicated as approximately following City limits shall be construed as following City limits; F. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of- way lines; G. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline; H. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; and I. The zoning classification applied to a tract of land adjacent to the street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. (Ord. 07-015 § 4, 2007). 19.20.040 Newly annexed territory. Upon annexation of property, in the absence of a pre-established zoning designation therefore, the council shall, within the annexation ordinance, establish an interim classification for the property on the City's official zoning map. The interim zone shall be consistent with the annexation area's Comprehensive Plan designation. If an interim zoning district is established, it shall be in place no longer than 12 months unless otherwise provided by ordinance. The process for establishing an interim zoning district shall meet the requirements of RCW 36.70.795. For all property classified in the interim zone, the department shall commence all steps necessary to establish an official zoning classification pursuant to the procedure described in SVMC 17.80.140. (Ord. 07-015 §4, 2007). 19.20.050 New and unlisted uses. New types of land use and forms of land use not anticipated by this title may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: Page 3 of 48 Title 19 for PC discussion A. The director shall have the discretion to interpret the appropriate zone classification of any new or unlisted form of land use if the new or unlisted form of land use resembles an identified permitted or conditional use in terms of intensity or character and is consistent with the purpose of the code and one or more of the identified zoning classifications; B. The director may solicit the opinion of the planning commission (commission) if the use cannot be administratively interpreted. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves inhabitation, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, traffic generation, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer; C. The commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts where such use should be permitted. Proposed changes in the schedule of permitted uses for any new or unlisted uses shall be transmitted to the council following notice and hearing; D. The council shall, by ordinance, approve, modify, or deny the recommendation of the commission. (Ord. 07-015 § 4, 2007). 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. 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; 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 Page 4 of 48 Title 19 for PC discussion 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 and 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 nonconforming use in the commercial and industrial zones, MUC, CMU, CC, GO, O, NC, C, RC, I-1 and 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 tract are in the same zone classification; and 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 e. 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. C. Nonconforming Structures. Expansion of a nonconforming structure is allowed in accordance with the following: 1. The expansion or alteration does not change the occupancy classification under adopted building codes; 2. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures must meet setbacks as required by the zoning district; 3. The number of dwelling units in a nonconforming residential structure does not increase so as to exceed the number of dwelling units permitted within current regulations; Page 5 of 48 Title 19 for PC discussion 4. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions; and 5. Any nonconforming structure damaged by fire, flood, neglect or act of God may be replaced if: a. Restoration of the structure is initiated within 12 months; and b. The damage represents less than 80 percent of market value of the structure. D. Completion of Permanent Structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved by the City or Spokane County prior to incorporation of the City before the effective date of this code, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the building official on or before the effective date of these regulations; provided, that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of these regulations. (Ord. 10-023 § 2, 2010; Ord. 10-016 § 1, 2010; Ord. 09-036 § 1, 2009; Ord. 07-015 § 4, 2007). Chapter 19.30 CHANGES AND AMENDMENTS Sections: 19.30.010 Comprehensive Plan text and map amendments. 19.30.015 Development agreements associated with a Comprehensive Plan amendment. 19.30.020 Area-wide rezones. 19.30.030 Site-specific zoning map amendments. 19.30.040 Development regulation text amendments. 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 be processed pursuant to SVMC17.80.140. (Ord. 12-007 § 1, 2012; Ord. 10-004 § 3, 2010; Ord. 07- 015 §4, 2007). 19.30.015 Development agreements associated with a Comprehensive Plan amendment. A. Pursuant to RCW 36.70B.170 through 36.70B.210, the City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a Comprehensive Plan amendment and associated rezone. A development agreement and subsequent rezone shall be consistent with applicable development regulations set forth in the UDC, SVMC Titles 17 through 24. B. Development agreements associated with a Comprehensive Plan amendment are classified as Type IV development applications and shall be processed in compliance with the Comprehensive Plan amendment and the regulations of RCW 36.70B.170 through 36.70B.210. C. Development agreements associated with a comprehensive plan amendment and subsequent rezone may be used at the city council's discretion. Development agreements may be used to place restrictions on a proposed amendment to minimize the impacts of future development. D. Development Agreement Contents. For the purpose of this section, development standards may include, but are not limited to, the following: Page 6 of 48 Title 19 for PC discussion 1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provision, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; 4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Affordable housing; 6. Parks and open space preservation; 7. Phasing; 8. Review procedures and standards for implementing decisions; 9. A build-out or vesting period for applicable standards; and 10. Any other appropriate development requirement procedure. E. The final decision authority for approval of the development agreement and development plan shall be the city council as set forth in SVMC17.80.060(D). F. The decision of the city council on a development agreement and plan in conjunction with a Comprehensive Plan amendment and subsequent zoning change is the final decision of the City and may be appealed pursuant to Chapter 36.70C RCW. G. A development agreement shall be recorded with the Spokane County auditor at the applicanYs expense. During the term of the development agreement, the agreement is binding on the parties and their successors. H. The City will process and decide upon an application for an amendment as if it were an application for a new development agreement in a manner set forth above unless it is deemed a minor modification as set forth in subsection I of this section. I. Modifications of Development Plan. 1. The director of community development may approve minor modifications to the development plan pursuant to SVMC 17.80.030. 2. Criteria for approving minor modifications include but are not limited to the following: a. Shall conform to the terms of the development agreement; b. Shall not reduce landscaping, buffering, or open space areas; c. Shall not reduce setback requirements; d. Shall not result in an increase in height of any structure; e. Shall not result in a change in ingress or egress; f. Shall not increase any adverse impacts or undesirable effects; g. Shall not significantly alter the project. (Ord. 10-004 § 3, 2010). 19.30.020 Area-wide rezones. Area-wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. Area-wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007). Page 7 of 48 Title 19 for PC discussion 19.30.030 Site-specific zoning map amendments. A. Site-specific zoning map amendment requests may be submitted at any time. Site-specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B.All site-specific zoning map amendment requests must meet all of the following criteria: 1. The requirements of Chapter 22.20 SVMC, Concurrency; 2. The requested map amendment is consistent with the Comprehensive Plan; 3. The map amendment bears a substantial relation to the public health, safety and welfare; 4. The map amendment is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 5. Property is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way)to property of the same or higher zoning classification; 6. The map amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; 7. The map amendment has merit and value for the community as a whole. (Ord. 08-026 § 2, 2008; Ord. 07-015 § 4, 2007). 19.30.040 Development regulation text amendments. Requests to amend the text of the City's development regulations may be submitted at any time. Text amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.150. (Ord. 07-015 §4, 2007). Chapter 19.35 RESIDENTIAL DENSITY BONUS Sections: 19.35.010 Purpose. 19.35.020 General. 19.35.030 Applicability. 19.35.040 Density calculations. 19.35.050 Development standards. 19.35.060 Siting. 19.35.070 Approval. 19.35.080 Affordability agreement. 19.35.010 Purpose. The purpose of this chapter is to provide density incentives to residential developments to help achieve consistency with the Growth Management Act, the City's Comprehensive Plan, and countywide planning policies for Spokane County. (Ord. 09-032 § 1, 2009). 19.35.020 General. The provisions of this chapter are available, at the sole discretion of the property owner, as incentives to encourage construction of housing affordable to low- and moderate-income households for new multifamily developments. In exchange for residential density bonuses, the applicant is required to provide a well-designed project with additional amenities contributing to the quality of life for the residents. (Ord. 09-032 § 1, 2009). Page 8 of 48 Title 19 for PC discussion 19.35.030 Applicability. This chapter applies to MF-1, MF-2, CMU, MU, MUA, CC, and CB district zones. Development incorporating an affordable housing component may increase the dwelling unit density in the underlying zone pursuant to SVMC 19.35.040, rounded to the nearest whole number in accordance with SVMC 19.35.040; provided, that required amenities and site design criteria are met. If the density bonus results in an odd number of housing units, the odd unit must be applied as an affordable unit. Projects must be a minimum of 20 units to be eligible for a residential density bonus. (Ord. 09-032 § 1, 2009). 19.35.040 Density calculations. A. New multifamily or mixed-use projects may provide affordable units as part of the project. One bonus market rate unit is permitted for each affordable unit based on the following criteria: 1. Affordable housing units provided to families whose income is at or below 40 percent of inedian income may increase the underlying base density by 40 percent. 2. Affordable housing units provided to families whose income is at or below 50 percent of inedian income may increase the underlying base density by 30 percent. 3. Affordable housing units provided to families whose income is at or below 60 percent of inedian income may increase the underlying base density by 20 percent. 4. Affordable housing developments may increase the underlying base density an additional 10 percent by providing one of the following: a. LEED certification or equivalent. b. Alternative energy. c. Covered bus shelter. d. Underground parking. e. Other amenities determined by the director to provide comparative benefits. 5. Affordable housing developments may also increase their density by providing additional amenities in the required usable open space: a. Benches and fountain— an additional increase of density up to five percent. b. Playground apparatus—an additional increase in density up to 10 percent. c. Sport court—an additional increase in density up to 10 percent. d. Indoor recreational facility—an additional increase in density up to 20 percent. e. Other amenities determined by the director to provide comparative design benefits — additional increase shall not exceed 10 percent. 6. Notwithstanding subsections (A)(5)(a) through (e) of this section, overall density of a project cannot increase by more than 60 percent of the underlying zone rounded to next whole number. (Ord. 09-032 § 1, 2009). 19.35.050 Development standards. A. The director may allow the maximum building height to be exceeded by not more than 25 percent pursuant to Chapter 19.140 SVMC. B. The director may allow exceptions to yard setback requirements where the deviation is for 10 percent or less of the required yard pursuant to Chapter 19.140 SVMC. C. In addition to the open space requirements of SVMC 19.40.020, developments receiving a density bonus under this chapter shall provide an additional five percent open space (total of 15 percent) to accommodate the additional residents associated with the residential density bonus. D. Site Design Criteria. All developments under this provision shall be subject to the following site design criteria. Page 9 of 48 Title 19 for PC discussion 1. Natural amenities such as views, significant or unique trees, or grouping of trees, creeks, riparian corridors, and similar features unique to the site shall be incorporated into the design. 2. Emphasize, rather than obscure, natural topography. Buildings shall be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation. 3. Projects shall have design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. 4. Placement of physical features such as play equipment shall be in visible locations to maximize the ability to be seen, and therefore creating a safe environment that discourages crime. 5. Parking structures shall be architecturally consistent with exterior architectural elements of the primary structure(s), including rooflines, facade design, and finish materials. 6. Pedestrian pathways and pedestrian areas shall be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping or other methods. (Ord. 09-032 § 1, 2009). 19.35.060 Siting. The affordable units constructed under the provisions of this chapter shall be included within the parcel of land for which the density bonus is granted. (Ord. 09-032 § 1, 2009). 19.35.070 Approval. Prior to the issuance of any permit(s), the City shall review and approve the location and unit mix of the affordable housing units consistent with the above standards as well as the following standards: A. If the affordable housing development has both affordable and market rate units, the affordable units shall be floating units. A "floating" designation provides the flexibility to maintain a certain number of affordable units throughout the required period, allowing the specific units to vary with availability. The floating units ensure that affordable units are indistinguishable from and interchangeable with market-rate units; B. The design and appearance of affordable housing units shall be compatible with the total housing development and be consistent with design criteria outlined in SVMC 19.35.050(D); C. Affordable housing units shall have an equivalent bedroom mix consistent with the total housing development; except that the developer may include a higher proportion of affordable housing units with more bedrooms. (Ord. 09-032 § 1, 2009). 19.35.080 Affordability agreement. Prior to issuing a certificate of occupancy, an agreement in a form acceptable to the City that ensures compliance with the provisions of this chapter shall be recorded with the Spokane County auditor's office. This agreement shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. Affordable housing units that are provided under this chapter shall remain as affordable for the life of the project for rental affordable housing units. (Ord. 09-032 § 1, 2009). Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS— RESIDENTIAL ZONES Sections: 19.40.010 General provisions. 19.40.020 Residential standards. 19.40.030 R-1 —Single-Family Residential Estate district. 19.40.040 R-2—Single-Family Residential Suburban district. Page 10 of 48 Title 19 for PC discussion 19.40.050 R-3—Single-Family Residential district. 19.40.060 R-4—Single-Family Residential Urban district. 19.40.070 MF-1 — Medium Density Multifamily Residential district. 19.40.080 MF-2— High Density Multifamily Residential district. 19.40.090 Residential accessory uses and structures. 19.40.100 Accessory dwelling unit (ADU). 19.40.110 Other accessory structures. 19.40.120 Manufactured housing. 19.40.130 Manufactured home parks. 19.40.140 Home occupations. 19.40.150 Animal raising and keeping. 19.40.010 General provisions. A. No principal or accessory structure shall be located within the clearview triangle (Chapter 22.70 SVMC). B. In the districts where the height of buildings is restricted to 35 feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, not to exceed 40 feet, above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements; provided, that one additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. C. No structure may be erected to a height in excess of that permitted by applicable airport hazard zoning regulations. D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. E. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. F. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, and uncovered decks or balconies, may extend into a required setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. Wheelchair ramps are allowed to project into the setback based on SVMC Title 24, Building Codes. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear setback only. G. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: 1. The requirements for landscaping, signage, lighting and other requirements shall apply. 2. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. H. Public utility transmission facility shall comply with the following conditions: 1. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; Page 11 of 48 Title 19 for PC discussion 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. I. The following design standards apply to all outdoor lighting in residential zones: 1. All new development shall provide lighting within parking lots, along pedestrian walkways and accessible routes of travel. 2. Lighting fixtures shall be limited to heights of no more than 24 feet for parking lots and no more than 16 feet for pedestrian walkways. 3. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture, and shall not emit light above 90 degrees. 4. Street lighting installed by the City of Spokane Valley or other public utilities is exempt from these regulations. (Ord. 09-036 § 2, 2009; Ord. 09-031 § 1, 2009; Ord. 09-017 § 1, 2009; Ord. 08-026 §4, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.020 Residential standards. A. Residential development shall meet the minimum area and setback requirements and maximum lot coverage and building height requirements shown in Table 19.40-1. Page 12 of 48 Title 19 for PC discussion Table 19.40-1 — Residential Zone Dimensional Standards (In Feet) R-1 R-2 R-3 R-4 M F-1 M F-2 P RD Single-Family Lot 40,000 10,000 7,500 6,000 3,600 2,000 Underlying Area/Dwelling Unit zone Duplex Lot Area/Dwelling 6,000 5,000 Unit Lot Width 80 80 65�4� 50 45 20 30 Lot Depth 100 90 90 80 80 80 50 Minimum Front and Flanking Street Yard Setback �2��3� 35 15 15 15 15 15 15 Garage Setback �`��'� 35 20 20 20 20 20 20 Rear Yard Setback �'��'� 20 20 20 20 10 10 15 Side Yard Setback �'��'� 5 5 5 5 5 5 5 Open Space 10% gross area Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% Maximum Building Height (In Feet) 35 35 35 35 40 50 Underlying zone ��> No accessory structure shall be located in the front or flanking street yard, and shall be set back not less than five feet from any side or rear yard. �2� Attached garages, where the garage door does not face the street, may have the same setback as the principal structure. Setbacks, when adjacent to a private road or driveway easement, are established from the inner �3� edges of the road or driveway and are the same as noted above except the flanking road which would be five feet. �4� Duplex lots in R-3 zones may be a minimum of 60 feet in width. Page 13 of 48 Title 19 for PC discussion 1. In zero lot line developments approved as part of a planned residential development, zero setbacks along one side are allowed, provided a two-foot maintenance easement is recorded as part of the subdivision plat. a. Attached single-family dwellings, including duplexes and townhouses located on individual lots, shall meet minimum rear, front and side yard requirements (where applicable), minimum area requirements, and maximum lot coverage and building height requirements shown in Table 19.40-1. Townhouses are subject to the following requirements: i. No more than six dwelling units shall be attached in one continuous row or group; ii. No townhouse unit shall be constructed above another townhouse unit; iii. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet; iv. Townhouses included in a condominium development may limit the lot to the building footprint; provided, that the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. B.All residential driveways and off-street parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks or other equivalent hard surface material. C. Front Yard. 1. Front and side yards in residential zones adjacent to public or private streets shall be set back in accordance with Table 19.40-1. The setback shall be measured from the property line unless a border easement has been established on the property. In cases where a border easement exists, the setback shall be measured from the border easement. 2. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. 3. Every part of a required yard shall be open and unobstructed except for permitted accessory structures, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not more than 12 inches and roof eaves projecting not more than 24 inches. 4. No supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard or within the required yard on a flanking street. D. Side and Rear Yards. No accessory building or structure may be erected within five feet of any rear or side property line, or be located within any public or private easement. E. Required open space shall be accessible to all residential units and shall be suitable for active and passive recreational purposes, subject to the following: 1. Open space shall not include required yards, parking areas, required landscaped areas or required spacing between structures; 2. The amount of open space may be reduced by up to 25 percent where at least two of the following amenities are provided: a. Play or sports courts; b. Playgrounds with equipment; c. Trails or pedestrian walkways not required for access to residential units or parking areas; d. Swimming pools; e. Gazebos; or f. Clubhouses; 3. Where stormwater facilities are of sufficient size and designed as amenities, the required open space may be reduced by an additional 25 percent; 4. In no event shall the amount of required open space be reduced by more than 50 percent; Page 14 of 48 Title 19 for PC discussion 5. Facilities and equipment, for which credit is requested, where provided, shall generally meet all requirements for handicap access. (Ord. 08-026 § 5, 2008; Ord. 07-015 § 4, 2007). 19.40.030 R-1 —Single-Family Residential Estate district. Low density residential development intended to preserve the character of existing development and to allow for a limited number of horses and other large animals, and subject to the dimensional standards of this chapter. (Ord. 09-017 § 1, 2009; Ord. 07-015 §4, 2007). 19.40.040 R-2—Single-Family Residential Suburban district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chapter. (Ord. 07-015 §4, 2007). 19.40.050 R-3—Single-Family Residential district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chapter. (Ord. 07-015 §4, 2007). 19.40.060 R-4—Single-Family Residential Urban district. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of this chapter. (Ord. 07-015 §4, 2007). 19.40.070 MF-1 —Medium Density Multifamily Residential district. The Medium Density Multifamily Residential (MF-1) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, decline in average family size, and increased cost of single-family homes have created increased demand for new housing types. Multifamily residential zones with densities not to exceed 12 units per acre should be used as transitional zoning between higher intensity land uses such as commercial and office to lower density single-family neighborhoods. Additionally, medium density residential areas should be located near services and high capacity transit facilities or transit routes. (Ord. 07-015 §4, 2007). 19.40.080 MF-2—High Density Multifamily Residential district. The High Density Multifamily Residential (MF-2) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth with densities not to exceed 22 units per acre. Multifamily residential zones should be used as transitional zoning between higher intensity land uses, such as commercial and office, to medium and lower density single-family neighborhoods. High density residential areas should be located near services and high capacity transit facilities or transit routes. (Ord. 07-015 § 4, 2007). 19.40.090 Residential accessory uses and structures. A. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. B. The combined building footprint of all accessory permanent structures in residential zoning districts shall not exceed 10 percent of the lot area. C. The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. (Ord. 08-006 § 1, 2008; Ord. 07-015 §4, 2007). 19.40.100 Accessory dwelling unit (ADU). Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. Page 15 of 48 Title 19 for PC discussion A. Purpose and Intent. 1. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; 2. To make housing units available to moderate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless who might otherwise have difficulty finding homes within the city that support independent living; 3. To provide residents, particularly seniors, single parents and families with grown children, with a means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; 4. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and 5. To protect neighborhood stability, property values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this code. B. Conditions and Limitations. 1. The design and size of the ADU shall conform to all standards in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; 2. An ADU may be developed in conjunction with either an existing or new residence; 3. One ADU, attached or detached, is allowed per lot as an accessory dwelling unit; 4. The ADU must be a complete, independent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area; 6. Home professions shall be allowed only within the principal dwelling unit, not the ADU; 7. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six months or more of the calendar year, and at no time receive rent for the owner-occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in subsection C of this section. C. Development Standards and Criteria. 1. All ADUs, both attached and detached, must meet the following requirements: a. One paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main residence; b. The ADU may not exceed 50 percent of the habitable square footage of the principal dwelling unit, nor be less than 300 square feet; c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as a family; d. The ADU shall be a complete, separate housekeeping unit; e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street, and only one entrance may be located on the facade of the principal dwelling unit in order to maintain the appearance of a single-family residence; f. The ADU unit shall not have more than two bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the same or visually match the principal dwelling unit in the type, size and placement of the following: i. Exterior finish materials; Page 16 of 48 Title 19 for PC discussion ii. Roof pitch; iii. Trim; iv. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical). 2. Additional Development Standards for Detached ADUs. a. Shall be located behind the front building setback line and placed on a permanent foundation; b. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established in SVMC 19.40.020, Residential standards; c. Shall not be allowed on lots containing a duplex, multifamily dwelling or accessory apartment contained within the principal structure; and d. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks. D. Application Process. 1. Application for an ADU permit shall be made to the department of community development in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit, meeting the requirement of owner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this code; and 4. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elections, or may occur as a result of an enforcement action. (Ord. 09-036 § 3, 2009; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.110 Other accessory structures. A. Tower, private (ham operator) provided: 1. A building permit for the private tower is obtained from the City, reviewed and approved by the community development department— planning division; 2. The applicant shall furnish a site plan showing the height and location of the private tower; 3. The applicant shall furnish a copy of the tower manufacturer's construction and erection specifications; 4. The private tower shall be erected in accordance with the manufacturer's specifications; 5. The applicant shall show the impact area (that area in all directions equal to the tower's height above grade) completely on his/her property. Up to one-half of the tower's impact area in distance may be administratively approved if located on adjacent property pursuant to the administrative exception process contained in Chapter 19.140 SVMC; or, the applicant has secured the appropriate easements for all property within the tower's impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County auditor with a statement that only the City of Spokane Valley community development department can remove the recordation; 6. That generally a residence has to be on the same site as the private tower, except for a private repeater facility or remote base operations; and 7. That the height limitation of the zone is not exceeded without approval of a variance or administrative exception as respectively pertains. B. Tower(does not include wireless communications support tower) provided: Page 17 of 48 Title 19 for PC discussion 1. A conditional use permit pursuant to Chapter 19.150 SVMC is approved; 2. The tower base shall be enclosed by a fence not less than six feet in height with a locking gate; 3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet above the ground; 4. The tower collapse or blade impact area shall lie completely within the applicanYs property or within an adjacent property for which the applicant has secured and recorded an easement(s)for all property in the tower's impact area; and 5. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. (Ord. 07-015 § 4, 2007). 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. C. This section does not override any legally recorded covenants or deed restrictions of record. A "new manufactured home" means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a used mobile home as defined in RCW 82.45.032(2). A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: 1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; and 2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and 3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. D. An existing single wide manufactured home may be replaced with a new single wide manufactured home when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of market value, or removal of existing habitable manufactured home. (Ord. 12-007 § 2, 2012; Ord. 08-026 § 3, 2008; Ord. 07-015 § 4, 2007). 19.40.130 Manufactured home parks. A. Manufactured home parks shall require approval of a binding site plan, which includes a detailed site development plan in compliance with the development standards of this code. Page 18 of 48 Title 19 for PC discussion B. The site development plan will be reviewed and approved for compliance with ordinances and standards by the Spokane County utilities department, Spokane County regional health district and other appropriate agencies. C. Manufactured housing parks shall not exceed seven units per acre with a minimum of 3,600 square feet per space. D. The maximum building coverage for each manufactured home space shall be 50 percent; provided, that open patio covers, awnings, and/or carports shall not be considered buildings when calculating this coverage. E. Each manufactured home space shall be a minimum of 45 feet in width with direct frontage on a public or private road. F. The minimum setbacks for manufactured homes at park perimeter are as follows: 1. Twenty-five feet from all public rights-of-way. 2. Side yard: 10 feet from park perimeter at the overall site lot side line. 3. Rear yard: 10 feet from park perimeter at the overall site lot rear line. Three feet for any accessory structure such as patio covers, awnings and/or carports. G. Minimum setbacks for individual in-park spaces: 1. Front and flanking yards: four feet. 2. Side and rear yard: five feet. 3. Accessory structures such as patio covers, awnings, and/or carports: three feet. (Ord. 07-015 §4, 2007). 19.40.140 Home occupations. A.Applicability. Any person, group or entity conducting a "for profit" enterprise from a location whose primary use is a residence must obtain a home occupation permit. Businesses may be exempt from the home occupation permit fee, as established by the master fee schedule, if all of the following criteria are met: 1. There are no proposed exterior alterations to the residence or any accessory structure(s) which change the residential character of the property; 2. Goods and commodities associated with the business are not delivered to the premises; 3. There are no business customers visiting the premises; 4. There are no signs or window displays on the property related to the business; and 5. Any employees engaged in the business must live in the residence (no outside employees). B. Home occupations are permitted as accessory uses, except as indicated by subsection C of this section, incidental to the property's principal use as a residence, subject to the following requirements: 1. Property shall retain a residential appearance and character; 2. All storage shall be enclosed within the residence or accessory structure; 3. There shall be a limit of two employees not residing on the premises engaged in the home occupation; 4. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; 5. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); 6. The hours of operation of a home occupation are limited to 7:00 a.m. to 10:00 p.m.; 7. The home occupation use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, telephone or television reception, nor generate Page 19 of 48 Title 19 for PC discussion measurable levels at the property line of noise, dust, smoke, odor or glare. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; 8. Loading docks and mechanical loading devices are not permitted; 9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off-street parking for the dwelling unit; and 10. Uses which are detrimental to the existing residential appearance and character are not allowed as home occupations. C. Specific uses which are not permitted as home occupations include, but are not limited to, the following: adult retail use establishment, adult bookstore or adult entertainment establishment; auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or service; small engine repair; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales; and restaurants/drinking establishments. (Ord. 09-036 §4, 2009; Ord. 07-015 § 4, 2007). 19.40.150 Animal raising and keeping. Where permitted, the keeping of poultry and livestock (excluding swine and chickens) is subject to the following conditions: A. Minimum Lot Requirements. 1. In residential zones, the lot or tract must exceed 40,000 square feet; 2. In mixed-use zones, on lots or tracts with legally established residential uses that exceed 40,000 square feet; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not less than 75 feet from any habitation; E. No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is limited as follows: 1. Not more than three horses, mules, donkeys, bovines, Ilamas or alpacas shall be permitted per gross acre; or 2. Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of subsections (F)(1) and (2) of this section; G. Small Animals/Fowl. A maximum of one animal or fowl (excluding chickens), including duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal, may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl; H. In residential areas, the keeping of chickens is subject to the following conditions: 1. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot area, with a maximum of 25 birds allowed; 2. The keeping of roosters is prohibited; 3. Coops, hutches or similar containment structures must be kept a minimum of 20 feet from the front property line, five feet from side and rear property lines, and 15 feet from flanking streets; Page 20 of 48 Title 19 for PC discussion 4. Coops, hutches or similar containment structures must be kept a minimum of 25 feet from occupied structures on neighboring properties; 5. All chickens must be contained within the subject property.* I. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. (Ord. 11-006 § 1, 2011; Ord. 11-004 § 1, 2011; Ord. 07-015 § 4, 2007). * Code reviser's note: Ordinance 11-006 set out amendments to this section without taking amendments from Ordinance 11-004 into the account. This subsection now reads as intended after the amendments of Ordinances 11-004 and 11-006. Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Sections: 19.50.010 Purpose. 19.50.020 Where permitted. 19.50.030 Permitted uses. 19.50.040 Relationship of this section to other UDC provisions. 19.50.050 Development standards. 19.50.060 Open space standards. 19.50.070 Administration. 19.50.080 Homeowners'/property owners' association required. 19.50.010 Purpose. It is the purpose of this chapter to: A. Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of the UDC; B. Preserve or create environmental amenities superior to those generally found in conventional developments; C. Create or preserve usable open space for the enjoyment of the residents; D. Preserve, to the greatest extent possible, the natural characteristics of the land including, but not limited to, topography, natural vegetation, waterways, and views; E. Encourage development of a variety of housing types; and F. Provide for maximum efficiency in the layout of streets, utility networks and other public improvements and infrastructure. (Ord. 07-015 § 4, 2007). 19.50.020 Where permitted. Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. (Ord. 07-015 § 4, 2007). 19.50.030 Permitted uses. The following uses are permitted in a PRD; provided, that they meet the standards and criteria established in this chapter: A. Those uses permitted as a matter of right in the underlying zoning district; B. Residential developments of all types as defined by this chapter; and C. As a secondary use, uses permitted in the neighborhood commercial zoning district may be permitted in a PRD of 10 acres or larger. (Ord. 07-015 § 4, 2007). Page 21 of 48 Title 19 for PC discussion 19.50.040 Relationship of this section to other UDC provisions. A. Zoning Requirements. The provisions of this chapter pertaining to land use of the underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits and other dimensional requirements are waived and the regulations for PRDs shall be those indicated in SVMC 19.50.050. B. Platting Requirements. A PRD shall be exempt from the specific design requirements of SVMC Title 20, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to subdivision and conveyance of land and the preparation of maps shall be followed. C. Public Hearing Required. A PRD shall require a public hearing before the hearing examiner consistent with the provisions of Chapter 17.80SVMC. (Ord. 07-015 § 4, 2007). 19.50.050 Development standards. The following standards shall govern the administration of this chapter: A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize adverse impact of the PRD on adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development characteristics on the PRD. B. Site Acreage Minimum. The minimum site shall be five acres. C. Minimum Lot Size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage of the entire development. D. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone, rounded to the nearest whole number; provided, that the open space amenities described in SVMC 19.50.060 are met. E. Maximum Coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. F. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the landscaping plan. G. Setback and Side Yard Requirements. 1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted subarea plans; 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, be built to the property line as in townhome construction; however, all buildings must meet applicable building code requirements. H. All streets shall be designed and constructed to public street standards. I. Off-street parking shall be provided in accordance with Chapter 22.50 SVMC. J. Secondary Use Limitations. 1. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated; 2. The gross floor area of the commercial use shall not exceed the product of 50 square feet multiplied by the number of dwelling units within the development; Page 22 of 48 Title 19 for PC discussion 3. Construction of at least 35 percent of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office; and 4. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. (Ord. 09-036 § 5, 2009; Ord. 07- 015 §4, 2007). 19.50.060 Open space standards. Each PRD shall dedicate not less than 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: A. Location. The area proposed for open space shall be entirely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or City parks; provided, that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. B. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. C. Types of Open Space. 1. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for protecting environmentally sensitive areas such as wetlands. 2. Except as provided in subsection (C)(3) or (4) of this section, a minimum of 30 percent of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. 3. The community development director determines the amount of required active recreation areas pursuant to the criteria set forth in this section. 4. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units. 5. The percentage of active recreational area may be decreased to as low as 15 percent if it is determined that: a. Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or b. Meeting the standard would require detrimental grading or other disturbance of the natural setting. D. Land required for open space shall not include: 1. Accessory buildings, climate-controlled improvements, and areas reserved for the exclusive use and benefit of an individual tenant or owner; 2. Dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for yard depth or building setback or separation; 3. Vehicular driveways, private streets, parking areas, loading or storage areas; or 4. Floodplain (100-year), floodprone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space. Page 23 of 48 Title 19 for PC discussion E. Implementation. The area proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowners' association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners' or homeowners' association. 1. The City may choose to accept dedication, maintenance and operation responsibilities when the common open space area to be dedicated is in the public interest and either one or a combination of the following: a. Greater than 10 acres; b. Adjacent to an established or future City park or school grounds; c. Is an access to a body of water greater than three acres in size; or d. Is an environmentally sensitive area. 2. The dedication shall be identified on the PRD plan. F. Improvements. The following improvements to the area proposed for dedication may be required prior to final approval of the PRD: 1. Removal of construction debris and hazards; and 2. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. G. Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in this chapter, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the director according to the following guidelines: 1. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD; 2. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City; 3. The proposed land and improvements shall be dedicated in accordance with subsection F of this section. H. Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria: 1. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity; 2. The side slope of the detention pond shall not exceed 33 percent unless slopes are existing, natural and covered with vegetation; 3. If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition; 4. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected; 5. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather; and 6. In the case of joint use of open space for detention and recreation, the homeowners or homeowners' association shall be responsible for maintenance of the detention facilities. I. Rights and Duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: 1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of residents of the development and their guests; 2. The right to locate pedestrian paths, bicycle paths and bridle paths; Page 24 of 48 Title 19 for PC discussion 3. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; 4. The right to regulate access to or entry on the open space land and duty to maintain such land. (Ord. 09-036 § 5, 2009; Ord. 07-015 § 4, 2007). 19.50.070 Administration. A. Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when, in the opinion of the director, the work to be performed meets the requirements of the final plan and program elements of the PRD. B. Minor and Major Adjustments. 1. Minor adjustments may be made and approved by the director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in neither the final plan, nor the density of the development, nor the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original; 2. Major adjustments are those which, in the opinion of the director, substantially change the basic design, density, open space or other requirements of the PRD. When, in the opinion of the director, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment. C. Parties Bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PRD, shall be bound by the conditions attending the approval of the development and the provisions of this chapter. (Ord. 07-015 § 4, 2007). 19.50.080 Homeowners'/property owners' association required. In a PRD, a property owners' or homeowners' association shall be established for the purpose of ownership, maintenance and management of open spaces, common areas and private roads as required by the provisions of the SVMC. (Ord. 07-015 §4, 2007). Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS— COMMERCIAL, OFFICE AND MIXED USE ZONES Sections: 19.60.010 General requirements. 19.60.020 GO, Garden Office district. 19.60.030 O, Office district. 19.60.040 NC, Neighborhood Commercial district. 19.60.050 C, Community Commercial district. 19.60.060 RC, Regional Commercial district. 19.60.070 MUC, Mixed Use Center district. 19.60.080 CMU, Corridor Mixed Use district. 19.60.090 CC, City Center district. 19.60.100 P/OS, Parks/Open Space. Page 25 of 48 Title 19 for PC discussion 19.60.010 General requirements. A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC. C. New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. D. All new development shall provide for shared access with adjacent properties. E. All outdoor trash, garbage and refuse storage areas shall be screened on all sides visible to public views or rights-of-way with a minimum five-and-one-half-foot-high concrete block or masonry wall or sight- obscuring fence with a sight-obscuring gate and two feet of Type II landscaping in accordance with Figure 22.70-8 SVMC. F. The following structures may be erected above the height limits of this code in the Office, Commercial, and Mixed Use zones, provided: (1) the structure is accessory to or part of a building which is a permitted use in the zone; (2) the structure complies with the height limits in the Airport Overlay zone; and (3) no residential use of the structure shall occur above the height limits prescribed in the zone: 1. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. 2. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. 3. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. 4. Water stand pipes and tanks. G. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. 2. Full Projections Allowed. In addition to subsection (G)(1) of this section, the following features are allowed to project farther into the required structure setback: a. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. b. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-facing facade of a building may fully extend into a street setback. c. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. d. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. e. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. f. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. H. Mobile food vendors with permission of the property owner, health certificate and permit. I. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: Page 26 of 48 Title 19 for PC discussion 1. The requirements for landscaping, signage, lighting and other requirements shall apply. 2. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. J. Public utility transmission facility shall comply with the following conditions: 1. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. Table 19.60-1 —Commercial Development Standards Office Commercial Mixed Use Industrial GO O NC C RC CC* CMU* MUC* I-1 I-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to 20 20 20 20 20 20 20 20 35 35 a Residential Use or Zone Maximum Building Height (in feet) 45 100 35 35 100 Unlimited 50 60 40 65 * Except as otherwise required (Ord. 09-017 § 1, 2009; Ord. 08-026 § 6, 2008; Ord. 08-017 § 1, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 §4, 2007). 19.60.020 GO, Garden Office district. A. The Garden Office designation is intended primarily for low-rise office development with limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Garden Office uses provide a buffer between residential uses and commercial uses. Primary uses including medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this Comprehensive Plan category. B. Supplemental Permitted Use Regulations. 1. Convenience Store. a. Exterior loudspeakers, public address systems or similar audio equipment shall not be permitted; and b. The proposed location shall be directly adjacent to at least a principal or minor arterial street or collector street. 2. Dwelling units shall be allowed only in a building or structure with nonresidential on the entire ground floor. Parking for residents must be reserved and clearly marked, except housing provided as part of an institutional "continuum of care" concept to encourage independent living. Page 27 of 48 Title 19 for PC discussion 3. Traffic from the proposed use on a side street shall be directed to the nearest arterial or collector street and shall not be routed through an adjoining neighborhood. (Ord. 09-017 § 1, 2009; Ord. 07- 015 §4, 2007). 19.60.030 O, Office district. The Office designation is intended primarily for medium-to high-rise office development with limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Primary uses including medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this Comprehensive Plan category. (Ord. 07-015 § 4, 2007). 19.60.040 NC, Neighborhood Commercial district. A. The Neighborhood Commercial designation is intended to provide a limited number of commercial goods and services to surrounding residential neighborhoods. B. Supplemental Permitted Use Regulations. 1. Animal clinic/veterinary limited to small animals. 2. Carwash limited to a single bay. 3. Grocery or specialty food store limited to no more than 25,000 square feet of net retail space. 4. Below ground storage of fuel incidental to retail sales only. 5. All storage in the NC district shall be within an enclosed building; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. 6. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. (Ord. 09-017 § 1, 2009; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.050 C, Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; Page 28 of 48 Title 19 for PC discussion c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. 4. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B)shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. (Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.060 RC, Regional Commercial district. A. The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality, mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type I screen consistent with the provisions of SVMC 22.70.030; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Automobiles, recreational vehicles, machines and other items normally displayed for sales purposes on an open lot may be so displayed. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. 4. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B)shall be required; Page 29 of 48 Title 19 for PC discussion d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. (Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.070 MUC, Mixed Use Center district. A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. B. Supplemental Permitted Use Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the MUC district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.080 CMU, Corridor Mixed Use district. A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the CMU district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. Page 30 of 48 Title 19 for PC discussion A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. 5. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B)shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. (Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). 19.60.090 CC, City Center district. Reserved. (Ord. 07-015 §4, 2007). 19.60.100 P/OS, Parks/Open Space. The Parks/Open Space designation is intended to protect parks, open space and other natural physical assets of the community. (Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007). Chapter 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS— INDUSTRIAL ZONES Sections: 19.70.010 I-1, Light Industrial district. 19.70.020 I-2, Heavy Industrial district. 19.70.010 I-1, Light Industrial district. A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light Industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B)shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. Setbacks. a. Front and flanking street yard setbacks shall be 20 feet; and Page 31 of 48 Title 19 for PC discussion b. Side and rear yard setbacks of 35 feet are required only adjacent to residential zoning districts. 4. The following structures may be erected above the height limits of this code, provided: (a) the structure is accessory to or part of a building which is a permitted use in the zone; (b) the structure complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits prescribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 5. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 6. The following features attached to structures are allowed as exceptions to the setback standards: a. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(6)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. 7. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: a. The requirements for landscaping, signage, lighting and other requirements shall apply. Page 32 of 48 Title 19 for PC discussion b. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. 8. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 9. The following shall apply to all secondhand stores and consignment sales: a. The subject parcel must have frontage on an arterial; and b. Minimum building size of 15,000 gross square feet (gsf); and c. Limited to a single tenant. (Ord. 10-005 § 1, 2010; Ord. 09-017 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 08-026 § 7, 2008; Ord. 08-017 § 1, 2008; Ord. 07-015 § 4, 2007). 19.70.020 I-2, Heavy Industrial district. A. Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabrication, assembly, freight handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts. B. Supplemental Regulations. 1. I-2 allows any use permitted in the I-1 zoning district, except as specifically provided in Appendix 19-A. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. The following structures may be erected above the height limits of this code, provided: (a) the structure is accessory to or part of a building which is a permitted use in the zone; (b) the structure complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits prescribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 4. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or Page 33 of 48 Title 19 for PC discussion other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 5. The following features attached to structures are allowed as exceptions to the setback standards: a. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(5)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. 6. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: a. The requirements for landscaping, signage, lighting and other requirements shall apply. b. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. 7. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. (Ord. 09-017 § 1, 2009; Ord. 09-010 § 1, 2009; Ord. 08-026 § 8, 2008; Ord. 08-017 § 1, 2008; Ord. 07-015 § 4, 2007). Chapter 19.80 ADULT USES Sections: 19.80.010 Purpose. 19.80.020 License required. 19.80.030 Adult use development standards. Page 34 of 48 Title 19 for PC discussion 19.80.010 Purpose. In the development and adoption of this chapter, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized. This chapter is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected sexually oriented or explicit communicative materials, or communicative performances. The regulations set forth herein are intended to prevent and control health, safety and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials. (Ord. 07-015 § 4, 2007). 19.80.020 License required. Licensing requirements for adult uses are contained in Chapter 5.10 SVMC. (Ord. 07-015 § 4, 2007). 19.80.030 Adult use development standards. A. There shall be five existing acres of contiguous (includes across streets) zoning classified Community Commercial or Regional Commercial. B. The use shall be located or maintained at least 1,000 feet from the nearest property line of the use listed in subsections (B)(1) through (6) of this section. Distance shall be measured from the nearest property line of the adult retail use establishment or adult entertainment establishment(s) to the nearest property line of the following pre-existing uses: 1. Public library; 2. Public playground or park; 3. Public or private school and its grounds of kindergarten to twelfth grade; 4. Nursery school, mini-day care center or day care center; 5. Church, convent, monastery, synagogue or other place of religious worship; 6. Another adult use subject to the provisions of this section. C. An adult retail use establishment or adult entertainment establishment(s) shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones: 1. R-1, Single-Family Residential Estate district; 2. R-2, Single-Family Residential Suburban district; 3. R-3, Single-Family Residential district; 4. R-4, Single-Family Residential Urban district; 5. MF-1, Multifamily Medium Density Residential district; 6. MF-2, Multifamily High Density Residential district; 7. MUC, Mixed Use Center district; 8. CMU, Corridor Mixed Use district; 9. CC, City Center district; or 10. NC, Neighborhood Commercial district. (Ord. 07-015 § 4, 2007). Page 35 of 48 Title 19 for PC discussion Chapter 19.90 ESSENTIAL PUBLIC FACILITIES (EPFs) Sections: 19.90.010 Facilities of regional/statewide significance. 19.90.020 Local siting procedures. 19.90.010 Facilities of regional/statewide significance. Spokane Valley is signatory to an interlocal agreement relating to the siting of essential public facilities of statewide and regional significance in accordance with RCW 36.70A.200. A. EPFs having statewide significance are major facilities that provide a needed public service affecting, or potentially affecting, residents and/or property located in two or more Washington State counties and may be included on the Washington State Office of Financial Management list of EPFs. These facilities include, but are not limited to, regional transportation facilities, such as commercial and military airports; freeways, highways and beltways; state correctional facilities; secure community transition facilities; state social services; state parks; and state higher educational facilities. B. EPFs having regional/countywide significance are local or interlocal facilities providing a needed public service affecting, or potentially affecting, residents and/or property located in two or more Spokane County jurisdictions. They include, but are not limited to, general aviation airports; county correctional facilities; regional transportation system; public transit maintenance and operational facilities; regional solid waste disposal/recycling/composting/handling facilities; community colleges; regional wastewater treatment facilities; arenas, stadiums and other entertainment facilities; and regional social and health services such as in-patient hospitals, mental health facilities, and substance abuse treatment centers. Chapter 19.120 SVMC, Permitted and Accessory Uses, identifies those facilities subject to the regional/statewide siting process. C. Application for EPF siting shall be made through the Spokane County department of planning and building in accordance with the adopted procedures of Spokane County. D. Following ranking of sites by the board of county commissioners, the applicant will work directly with the City to meet the regulatory requirements for the construction and operation of the facility under the plans and regulations that were in effect at the time of initial application under the regional siting process. E.All EPFs located within Spokane Valley require approval of a conditional use permit pursuant to Chapter 19.150 SVMC. F. Spokane Valley shall require EPFs approved through the regional process to meet all local requirements except those expressly obviated as a result of the process. The City will consider all information submitted as part of the regional siting process. (Ord. 07-015 §4, 2007). 19.90.020 Local siting procedures. EPFs having local significance are facilities providing a needed public service affecting or potentially affecting only residents and/or property within the jurisdiction in which they are located. Spokane Valley includes such facilities in the Comprehensive Plan as "community facilities," including, but not limited to, fire stations, police stations, child care facilities, public libraries, community parks, recreation facilities, community centers, local social services, and elementary, middle and high schools. (Ord. 07-015 § 4, 2007). Chapter 19.100 HISTORIC PRESERVATION (Reserved) Chapter 19.110 SPECIAL OVERLAY ZONES Page 36 of 48 Title 19 for PC discussion Sections: 19.110.010 Medical Office Overlay. 19.110.020 Repea/ed. 19.110.030 Airport Hazard Overlay. 19.110.040 Pipeline Hazard Overlay. 19.110.010 Medical Office Overlay. Reserved. (Ord. 07-015 §4, 2007). 19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan. Repea/ed by Ord. 11-010. (Ord. 09-028 § 1, 2009; Ord. 09-026 § 1, 2009; Ord. 09-021 § 2, 2009; Ord. 09-012 § 2, 2009; Ord. 07-015 § 4, 2007). 19.110.030 Airport Hazard Overlay. A. Purpose and Intent. The purpose and intent of the Airport Hazard Overlay zone is to reduce the potential for airport hazards, because: 1. Airport hazards endanger the lives and property of users of landing fields and persons in the vicinity of Felts Field; 2. Airspace obstructions and incompatible land uses impair the utility of an airport and diminish the value of the public investment therein; and 3. Preventing the creation or establishment of incompatible land uses and airport hazards protects the public health, safety, and general welfare, and promotes the most appropriate use of land. B. Applicability. The Airport Hazard Overlay zone applies to areas surrounding Felts Field, as established herein. Provisions of this chapter shall apply to all lands, buildings, structures, natural features and uses located within the Airport Hazard Overlay (AO) zone district as depicted on the maps, except that the provisions of this chapter shall not apply to any use that is defined as an aviation use. All uses and activities are at all times subject to the underlying zoning district. Where the requirements and restrictions imposed by the Airport Hazard Overlay zone conflict with the requirements of the underlying zone district, the more restrictive requirement shall be applied. ,��.� . � :a - � ± _ .. � '.,.�� naxitcr�r+.ss.�r� �; '�0�8tr.�€sT+b!.�eD � �4RT iLtt'�•iG+i �� N�411 pA�aCF �,"a.l.' �f' . � � �P� �'M�y � . •y. �.,.. _�. �i i��y � �„ �� `s �'�i t �� •a � . *,,i�y D {s. . �a�"'.� � � i � Page 37 of 48 Title 19 for PC discussion C. Air Hazard Height Restrictions. Except as otherwise provided herein, no building or structure shall be erected, altered, or maintained so as to project or otherwise penetrate the Federal Aviation Regulations Part 77 airspace surfaces shown on the Airport Hazard Map attached to the ordinance codified in this section and made a part hereof for all purposes. Such applicable height limitations are hereby established for each of the zones as follows: 1. Primary Surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway and is 1,000 feet wide. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 2. Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. 3. Transitional Zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,952 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline. 4. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of feet above mean sea level. 5. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. � t I _ �'.t�' — - � � � � � n ' � �� - - �- � y.�.�' 9 Y ' ' 1Y . a�A _ -,j r� �y.�, ._.-.-T,�--�-.,-._. '�-°,--..-,-"°;��`�.,i.&'�i'��.�n'L)'_._.,._ ��?-� - E 6_— s 4 � _ o. ��a � �"�Mra.�qs +r— ��-:�. �.. --- ,I'' ---_ _ 'I� i �.�., �� r�a �r � -.., gli� � ri � �� +� �'��. '�. �k'k�`.��.��'� � � i ��.�.s..a�..�.ra �I� � �� YlR4 NF'�"1MIRi�Rh��F�fry �' � 4�!'�lPF�4�R�+*F4+1 � Page 38 of 48 Title 19 for PC discussion D. Height Exceptions. Structures shall not be constructed, altered, or maintained in the regulated air space area except as follows: 1. Any structure or object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height; and 2. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration with a fixed location and height; and 3. Structures necessary and incidental to airport operations. E. Airport Land Use Restrictions. The six airport land use compatibility zones established by the WSDOT Division of Aviation guidelines are based on federal aviation accident data from the National Transportation Safety Board (NTSB) and are shown on the airport land use compatibility zone map attached to the ordinance codified in this section and made a part hereof for all purposes. 1. Prohibited Uses in All Airport Land Use Compatibility Zones. a. Any use that creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft; or b. Any use or lighting that impairs a piloYs ability to distinguish between airport lights and other lights, or that creates glare affecting pilot vision, or otherwise impairs visibility in the vicinity of the airport. All lighting shall be "cut-down" and fully shielded; or c. Any use that endangers the landing, taking off, or maneuvering of aircraft; or d. Any use which attracts birds in any manner affecting airport operations such as garbage, recycling and stormwater detention; or e. Special function land uses for which the significant common element is the relative inability of the people occupying the space to move out of harm's way such as K — 12 schools, hospitals, nursing homes, and other similar uses; or f. High intensity land uses which are characterized by a potential to attract dense concentrations of persons to an indoor or outdoor area, even for a limited period of time. Such uses include: i. Amusement parks and fairgrounds; ii. Box retail; iii. Convention/exhibit halls, major auditoriums, and theaters; iv. Stadiums and arenas; v. Temporary events attracting dense concentrations of people — fairs, circuses, carnivals, revival meetings, sports tournaments, conventions, but not including events for which exposure to aviation safety hazard is a well-known expectation (air shows, airport open houses, pilot meetings, etc.). 2. Land uses in airport land use compatibility zones are further regulated as follows: Page 39 of 48 Title 19 for PC discussion Table 19-110-1 —Airport Land Use Compatibility Prohibited Uses Airport Land Use Compatibility Zones 6a 6b Prohibited Uses 1 2 3 4 5 North of Utah South of Utah Avenue &E. Avenue &E. Rutter Avenue Rutter Avenue Single-Family Residential • • [ [ • [ [ n/a n/a 1 du/5 1 du/2.5 n/a 1 du/2.5 acres or 1 du/2.5 acres or Maximum Density `� acres acres underl ing underlying zone(1a-c)(2) zone��2� Manufactured Housing Parks • • • • • • • Multifamily Residential • • • • • • • Schools • • • • • • • Parks and Playgrounds • • • • • • • Hospitals • • • • • • • Nursing Homes • • • • • • • Day Care • • • • • • • Churches • • • • • • • Hazardous Materials Storage • • • • • Flammable Materials Storage • • • • • Incinerators • • • • • • • Overhead Utilities • • • • • • • High Intensity Uses • • • • • • Prohibited Uses " [❑Density Limited (1)Must comply with a minimum of one of the following criteria: a. The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on February 28,2006, by Ordinance No.06-002;or b. Consistent with adjacent(not across public rights-of-way)property sizes for proposed development;or c. More than one residence is located on a property,excluding any residence used at one time for a dependent relative, may develop property consistent with underlying zoning to make conforming. (2)All final short subdivisions and final subdivisions located within Zone 6 of the Airport Hazard Overlay shall contain the following dedication language on the face of the plat:"These lots are located in an Airport Hazard Overlay that may be subject to increased noise levels." Page 40 of 48 Title 19 for PC discussion 3. Avigation easements/title notice/covenant shall be required as a condition of the issuance of any permit for construction, reconstruction or expansion of any structure located within any airport land � ,� --- f'. � _- � r'' •'�_ i z � �° `� a .� � 5 ° � �p � ' I T�,k 6 p� '`�''.i r � $ 6 i�. Y i r� 5 y�. 6Am' �"� F.un:•:i'�dlloniW 1Jqxvi ILiW l'sc I"I��min4 VI�uJlyx+k{'ulll!�rnly Ik�.pmnx�w !�I I�fJllsri.fl�Al��lll��l5'ISIYIt}I.L�.YLI171LI�:5.R'�1+M1llf1_iTj.'�h,�WJ'lllfldy.��ll I A�'w�ru:n.iq'fnn,�,wi k+n.�.rui k+n I}I��LSLVi.. use compatibility zone. 4. Substantial noise impacts (over 65 Ldn) at Felts Field are confined to airport property. In the event of changed conditions authenticated by the Spokane airport board, the following uses will be prohibited within areas where noise levels exceed 65 Ldn: a. School. b. Church. c. Hospital. d. Manufactured home park. e. Child day care center. f. Nursing home. g. Parks and playgrounds. 5. Nothing in this chapter shall diminish the responsibility of project proponents to submit a notice of construction or alteration to the Federal Aviation Administration if required in accordance with Federal Aviation Regulations Part 77, "Objects Affecting Navigable Airspace." F. Nonconforming Uses. 1. Regulations Not Retroactive. The regulations prescribed herein shall not be construed to require the change of use, nor the removal or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter; provided, however, that the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the director of airport operations. 2. Nonconforming Uses Abandoned or Destroyed. Whenever the director of community development determines that a legal nonconforming tree or structure has been abandoned, destroyed or damaged by more than 80 percent, no permit shall be issued or granted that would allow such use, structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. G. Permits and Variances. 1. No building permit shall be issued for any prohibited use, or for any structure or obstruction which exceeds the air hazard height restrictions adopted herein. 2. An application for a permit for the construction of a building, structure, use, subdivision, short subdivision, binding site plan or other development located within the Airport Hazard Overlay zone shall submit a site plan which includes the elevation of the site above mean sea level, and the height of any proposed structure. Page 41 of 48 Title 19 for PC discussion 3. Additional Notice. Any building permit or land use action including plats, short plats, subdivisions and binding site plans within the Airport Hazard Overlay zone shall contain the following notice: Notice is herein provided that this property is located within the Airport Hazard Overlay Zone of the City of Spokane Valley, Washington, and is subject to restriction on height and use pursuant to SVMC 19.110.030 Airport Hazard Overlay Zone as it may be amended from time to time. 4. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the regulations prescribed herein may apply to the Spokane Valley community development department for a variance; provided, however, that the application shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. A copy of the application shall be furnished to the director of airport operations for review and comment. Final determination on the variance shall be made by the hearing examiner following notice and hearing. (Ord. 09-005 § 1, 2009; Ord. 07-015 § 4, 2007). 19.110.040 Pipeline Hazard Overlay. The following regulations shall only apply to the pipeline facilities identified in Section 3.7 of the City of Spokane Valley Comprehensive Plan: A. The regulation of development, including construction, excavation or fill, or installation of roads and utilities is intended to ensure the health, safety and welfare of citizens and the protection of private property. B. Pipeline hazard areas shall extend 500 feet from the centerline of any existing or future pipeline, whether or not such pipeline is located within a recorded easement or is included in a "blankeY' or "open" easement. C. The construction, excavation, fill or installation of underground utilities or drainage facilities within the area of pipeline hazard shall require consultation with the pipeline operator prior to the issuance of any permit. If applicable, the pipeline operator shall identify the location and depth of cover required to protect the pipeline. D. No permanent or temporary accessory structures, retaining walls, patios, swimming pools, or on-site waste disposal systems shall be permitted within 25 feet of any pipeline. E. No permanent or temporary structures designed for human habitation or occupancy shall be located within 50 feet of any pipeline. F. Utility poles, guy wires or anchors shall not be placed within 10 feet of the pipeline. G. For new construction, the City may require the lowering or relocation of the pipeline as a condition of the issuance of any permit. (Ord. 07-015 §4, 2007). Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 19.120.010 General. See replacement pages 42A to 42G Uses are classified using the 2002 North American Industry Classification System (NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19-A, the schedule of permitted and accessory uses. Page 42 of 48 Title 19 for PC discussion (Ord. 11-021 § 1, 2011; Ord. 10-005 § 1 (Exh.A), 2010; Ord. 09-036 § 6, 2009; Ord. 09-017 § 1, 2009; Ord. 09- 010 § 1, 2009; Ord. 09-006 § 5, 2009; Ord. 08-026 § 1, 2008; Ord. 08-002§ 1, 2008; Ord. 07-015 §4, 2007). Chapter 19.130 SITE PLAN REVIEW Sections: 19.130.010 Site plan review. 19.130.020 Applicability. 19.130.030 Criteria. 19.130.040 Site plan requirements. 19.130.050 Process. 19.130.010 Site plan review. Site plan review is intended to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage, and other utilities. (Ord. 07-015 § 4, 2007). 19.130.020 Applicability. No building permit shall be issued for the following unless a site plan is first approved by the department: A.Any commercial development; B.Any industrial development; C. Any multifamily development that includes three or more units. (Ord. 07-015 § 4, 2007). 19.130.030 Criteria. Prior to approving any building permit, the department must find that the proposal: A. Conforms with all applicable provisions of the SVMC and all other applicable law; B. Conforms in all aspects to the provisions of any special conditions required by the department, hearing examiner or council; and C. Is consistent with applicable sections of the City's Comprehensive Plan. (Ord. 07-015 § 4, 2007). 19.130.040 Site plan requirements. The site plan must be drawn to an acceptable scale as required by the department and shall include all necessary information as specified by the department. (Ord. 07-015 § 4, 2007). 19.130.050 Process. Site plan approval is classified as a Type I development application and shall be processed in accordance with SVMC 17.80.070. (Ord. 07-015 § 4, 2007). Chapter 19.140 ADMINISTRATIVE EXCEPTIONS Sections: 19.140.010 Purpose. 19.140.020 Approval criteria. 19.140.030 Process. Page 43 of 48 Title 19 for PC discussion 19.140.010 Purpose. An administrative exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: A. Any dimensional requirement which does not exceed one foot. B. Under the following conditions: 1. A parcel established prior to March 31, 2003, that does not meet the buildable square footage requirements for a parcel in a particular zoning district; or 2. A legally nonconforming dwelling with respect to setbacks, height and size which otherwise could not be expanded or reconstructed; or 3. A duplex constructed prior to March 31, 2003, that does not meet the minimum parcel size, which could not otherwise be reconstructed. C. Yard setback requirements where the deviation is for 10 percent or less of the required yard. D. Building height requirements where the deviation is for 25 percent 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. E. Minimum lot area requirements where the deviation is for 25 percent or less of the required lot area. F. Maximum building coverage requirements where the deviation is for 25 percent or less of the maximum building coverage. G. Lot width under the following circumstances: 1. Lot width requirements where the deviation is for 10 percent or less than the required lot width. 2. Lot width requirements where the deviation is greater than 10 percent; provided, that the department may require notice to affected agencies resulting in conditions of approval. H. Up to one-half of a private tower's impact area off of the applicanYs property. I. Flanking street yard setbacks; provided, that: 1. At the time the subject parcel was legally created the property was zoned under a zoning classification of the pre-January 1, 1991, Spokane County zoning ordinance, and subsequently on January 1, 1991, a new zoning classification from the zoning code of Spokane County, Washington, was assigned to the subject property; and 2. Any flanking yard setback deviation granted under this section shall not exceed the required flanking street setback standards of the pre-January 1, 1991, zoning classification of the subject property. J. Any improved property rendered nonconforming through voluntary dedication of right-of-way, the exercise of eminent domain proceedings or purchase of right-of-way by the City, county, state or federal agency. (Ord. 11-010 § 1 (Exh. A), 2011; Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007). 19.140.020 Approval criteria. Criteria for approval or denial of applications shall be established by the director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; C. 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; D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City. (Ord. 10-015 § 2, 2010; Ord. 07-015 §4, 2007). Page 44 of 48 Title 19 for PC discussion 19.140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.80.070. (Ord. 10-015 §2, 2010; Ord. 07-015 § 4, 2007). Chapter 19.150 CONDITIONAL USE PERMITS Sections: 19.150.010 Purpose and intent. 19.150.020 Permit classification. 19.150.030 Conditions and requirements. 19.150.010 Purpose and intent. The conditional use permit (CUP) procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons are classified as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use. (Ord. 07-015 § 4, 2007). 19.150.020 Permit classification. CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC 17.80.070. (Ord. 07-015 § 4, 2007). 19.150.030 Conditions and requirements. The following conditions and requirements shall pertain to requested CUPs: A. In approving a CUP, the hearing examiner may stipulate restrictions and conditions including, but not limited to, the following: 1. Control of use; 2. Provision for front, side, or rear yard setbacks greater than the minimum standards of the zoning district within which the subject property is located; 3. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other general development standards; 4. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; 5. Control of points of vehicular ingress and egress; 6. Control of noise, vibration, odor, glare, and other environmental considerations; 7. Control of operating hours; 8. Duration or time limitations for certain activities; and/or 9. Any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of the SVMC and the Comprehensive Plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction, or alteration allowed. B.A CUP may be suspended or revoked if, after a public hearing with notice as provided in SVMC 17.80.070, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the CUP. (Ord. 07-015 § 4, 2007). Page 45 of 48 Title 19 for PC discussion Chapter 19.160 TEMPORARY USE PERMITS Sections: 19.160.010 Purpose and intent. 19.160.020 Permit classification. 19.160.030 Temporary use—Types. 19.160.040 Conditions. 19.160.010 Purpose and intent. It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other City ordinances or regulations. (Ord. 07-015 § 4, 2007). 19.160.020 Permit classification. Temporary use permits (TUPs) are classified as a Type I permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 07-015 § 4, 2007). 19.160.030 Temporary use—Types. The department may issue a TUP for the following types of temporary uses as permitted under this chapter: A. Interim Uses. The department may issue a temporary and revocable permit to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required City standards pursuant to the following conditions: 1. The TUP may be issued for a period up to six months and may be extended for an additional three months if the applicant has acted in good faith towards compliance of the original permit. 2. The department may issue the permit only if the proposed use is consistent with the following findings of fact: a. The request is reasonable and there is no other practical alternative; b. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties; c. A hardship is involved that cannot otherwise be reasonably resolved; and d. A performance bond in the amount of any required improvements shall be posted guaranteeing the completion of the project. B. Seasonal Uses. The department may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six months in any 12-month period. The use need not meet the standards normally associated with a permanent use provided the department finds that the temporary use is consistent with the following: 1. The use must be consistent with the permitted uses in the zone; 2. The use must be an appropriate use of the property pending the permanent long-term use; 3. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated; 4. The use must provide a sanitary facility if the department determines it is necessary to do so; and 5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the TUP. Page 46 of 48 Title 19 for PC discussion C. Temporary Uses Associated with Construction Permits. The department may issue a temporary and revocable permit for activities associated with construction projects including, but not limited to, equipment storage yards, job shacks, materials storage yards, or living quarters, which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it is found that the proposal is consistent with the following findings of fact: 1. The use would not pose a hazard or be a detriment, physical or otherwise, to the surrounding area; 2. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts; 3. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminate the TUP; 4. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (C)(3) of this section. (Ord. 07-015 § 4, 2007). 19.160.040 Conditions. The department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. (Ord. 07-015 § 4, 2007). Chapter 19.170 VARIANCES Sections: 19.170.010 Purpose. 19.170.020 Permit classification. 19.170.030 Decision criteria. 19.170.040 Limitation on authority. 19.170.050 Time limitation. 19.170.060 Time extension. 19.170.010 Purpose. A variance is a mechanism by which the City may grant relief from the provisions of the uniform development code ("UDC") where practical difficulty renders compliance with the provisions of the UDC an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of the UDC and of the Comprehensive Plan can be fulfilled upon granting of the variance. (Ord. 07-015 § 4, 2007). 19.170.020 Permit classification. Variances are classified as a Type III permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 07-015 §4, 2007). 19.170.030 Decision criteria. The hearing examiner may approve, or approve with modifications, an application for a variance from the provisions of the zoning code if: A. The variance for the subject property will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and the zone in which the property is located; B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use zone in which the subject property is located; Page 47 of 48 Title 19 for PC discussion C. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; D. The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner; E. The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest; F. The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant; G. The variance is consistent with the purpose and intent of the zoning code; and H. The variance is in accord with the Comprehensive Plan. (Ord. 07-015 § 4, 2007). 19.170.040 Limitation on authority. The hearing examiner may not grant a variance to: A. The provisions of regulations establishing the allowable uses in each land use zone; or B. Any procedural or administrative provisions of the Spokane Valley Municipal Code; or C. Any provision of the zoning code which, by the terms of that code, is not subject to a variance. (Ord. 07-015 § 4, 2007). 19.170.050 Time limitation. A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substantially completes improvements allowed by the variance within 18 months of the effective date of the variance. (Ord. 07-015 § 4, 2007). 19.170.060 Time extension. Upon application of the property owner, the hearing examiner may extend a variance, not to exceed one year, if: A. Unforeseen circumstances or conditions necessitate the extension of the variance; B. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and C. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. (Ord. 07-015 § 4, 2007). Page 48 of 48 nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endix 19-A MCti CMC CC GO O TC C RC P/OS I-1 I-2 �ii AdultentertainmentestabLishment S S Chapter19.80SVMC ass AdultretaiLuse estabGshmrnt S S Chaptec 19.80 SVMC 3ii A ricuL[uraL ocessin Lant,warehouse P P 33�ii Aircraftmanufac[urin P asri9 Airstrip,private P P �i9i AmbuLance service P P P P P P P P saiga AnimaL cGnic/veterina � P S P P P SVMC 19.60.040(B 1 siiets AnimaL rocessin facifl� P S S S S S S ii� AnimaL raising anNor keeping S S ExcLuding NAICS ll22,Swine.SVMC 19.40.150. si�i AnimaL sheLter P P �iiei AnimaLslaughteringandprocessing P as39� Anli ue store P P P P P P aas A areVtaiLor sho P P P P P P P P �3iii AppLiancesaLes/service P P P P 9 A OnLyifmanufac[ureNassembLedonpremises. ssnz AypLiancesmenufac[uring P P ass9� Art gaLLery/s[udio P P P P P P P P 3-ai� As YiaL[ LanUmanufacturin P �33 AssembL�—hea� P 33a AssembLy—Light P P P P P P p p p �33i� AssistedLivingfaciLi[y P P P P asss Auctionhouse P P P asss Auction ard(excLudin Gvestock P P ns Auctionyard,Livestock P ssei AutomobiLe assembLy pLant P �� Automobile im ound ard P P aat Automobile/Li ht truck saLes and service P P P P aes3 AutomobiLeltaYirentaL P P P P P P P P siti,i AutomobiLeJtrucWRV/motorcycLepaintingrepair, 5 P P P EncLosedstruc[ureonly.SVMC body and frnderworks 19.60.050(B)(3). �i3 Automotive parts,accessories end Rres P P P P P P siisi Bake oductsmanufac[urin P P ��9i Bakery,re[ail P P P S S P p p � A Flooruealimicedco�oiofcrosszessebleFloortres OLFA nottoeYCeedI.000sf. szzii Bank,savings/Loan end other financiaL insfi[ufions P P P P P P P P P P si�i Barber/beauty shop P P P A P P P P P ??s9i BatteryrebuiLdin�manufac[urin P P p p p p p p mi9i Bedandbreakfast P P P ii�i Beekeeping„commerciaL P S S S ii�i Beekeeying,hobby SVMC19.40.150(C) Page asii Bic�cLe saLes/service P P P P P P P P P 42_A nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O TC C RC P/OS I-1 I-2 s�beii Boa[btiLding,repairandmain[enance P P �i== Boa[saLes/service P P asi� Book/s[afione s[ore P P P P P P P P 3i-i Bottfln lan[ P P �i�9s Bowling alley P P P P P - Brewery�,micro P P P P P P P P P ?t�i Bcewe ,wine and/or disfille � P P P P P P P 3399� Broom manufacturin P P �i BuiLding suppLy andhome improvement P P P aasvz Candy and confectionery P P P P P P P P -i399 Camival.circus "I "I "I "I "I "I "I sn9 Ca enter sho P P P P sei�ao Caipet and rug cLeaning plants P P siiir Canvash P P S P P P P SVMC 19.60.040(B) �i3- Casino P P P P P asaits CataLo andmaiLorderhouses P P P P P p p n�z Cateringservices P P P P P P P p p p p si�� Cemetery and crematories P asiii� Ceramics sho P P P P P P P szs ChemicaLmanufac[urin P p p p p p p sis Church,tempLe,mosque,synagogue and parsonage P P P P P P P aasi CLothes.retaiL saLes P P P P P 493i= CoLd stora e/food Locker P P eiis Colle eoruniversi � P P P P P P P si- CommunicaROn service/saLes P P P P P P P P �34= CommunicaROns equipmentmanufac[uring P P P P S S S S S S �i-9-= Communi[�faciGRes S S S S S S S S S S S See zonin distrtcts for conditions. p p p si� Communi[�Yiall,cLub,or Lod e P P P P P P P P P P P �z� Communi[y residenfiaL faciflry(6 or Less residents) P P P �,� Communi[y residenRaL faciflty(greater than 6 residents,no more tYian 25) seir Composting storagelprocessing,commerciaL P saisi Com uter services P P P P P P P P P P �T3— Contractoi s�acd P P p p p �3 ConvaLescenthome,nursing home P Nsi� Convenience store P P A A P P P P P 339 Cosmefic and misceLleneous manufac[urin P P p p p p p p 6=33 Da caze,adult P P P 9 P P P A A C C C C P P 6=�io Day care_chiLd Q3 chiLdren or moce) P P 9 9 P 9 A p p p p p p muio Day care,child Q2 chiLdren or fewer) P P P 9 9 P P P 9 A Page as�i De artment/variet s[ore P P P P P 42B nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O TC C RC P/OS I-1 I-2 aaeii Drugstore P P P 9 P P P P P sizs Dry cLeaners P P P 9 P P P P siz3sz Dry cLeaning laun ,men supp y p an[,commercia P P sziiiia D 'kiLn P S S S sia DweLfln,accesso �a artments SVMC 19.40.100 sia DweLGng,caretaker's residence S S S SVMC 19.60.060(B)(1) p p �t� DweLGng congregate P P P P p p p p sia DweLGn,du Lex P P p p p sia DweLfln,mulfifamiL P P P S S SVMC 19.60.020 B p p p p p p sia DweLGng single-family P P S S SVMC 19.60.020(B) p p p sia DweLflng townhouse P P P P ,3a-335 ELectdcaVeLechonic/computer component and system P P P P P P P manufac[uring/assembLy s-�=-e Eme cLoth and sand a er manufac[urin P P �i3 Entertainment/recceaROn faciLities,indoor P P P P P P 't�9 Enrer[ainment/recreauon faciLities,outdoor P P P P P P P ssz3 Eqtipmen[rentaL shop P P P P P siis E ti nen[saLes,re air,andmaintenance P P P P P - Es resso/la[te retaiLservice P P P P P P P P P P R R R R R R 9= EssenRaLpubGc faciflRes R R R R R R Chaprer 19.90 SVMC A A �i394 Exercise faciLity/g}mn/a[YileRC cLub P P P 9 9 P P P A 9 szs9� Ex Losive manufac[urin P a9si90 Ex Losive s[ora e P P p p p p p p sia Family home,adul[ P P P P p p p p p p sia Family home,child P P P P ui�n Farmmachine �saLesandre air P P P ti�iiz Feed Lo[ P stizii Feed/cereaVflourmill P P s�ss FecfiGzermenufac[uring P si�� FiLm deveLo in P P P A A P P P aasis FiLm/camera saLes/service P P P A A P P P assi FLoristshop P P P A A P P P P 3ii Food}ttoductmanufac[uring/storage P �ni FoodsaLes,syeciaLryPoutchershop/meat P P P S P P SVI�4C19.60.040(B)(3) market/speciaLty foods aaa Frei htforwardin P P �� FueLin staROn P P P A P P P P si��i FuneraLhome P P P 33� Furni[uremanufac[uring P P Page sis Gairnentmanufac[urin P P 42C nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O TC C RC P/OS I-1 I-2 ass Gift shop P P P 9 A P P P A S S S S S S �i39i GoLfcourse P S P P Chapter22.60SVMC C C C C C C �i39i GoLfdrivin ran e/trainin cenrec P C S P P Cha ter22.60 SVMC a93i3 GcaineLeva[or P P au�� Greenhouse,nursery,garden cen[er,retaiL P P P P P P tiia Greenhouse,nursery,commereiaL S S P P SVMC 19.60.050(B)(3) usi Groce �store P P P S P P SVMC 19.60.040 B 3 auis Hardwaie store P P P S P P SVMC 19.60.040 B 3 sszzii Hazardous waste treatment and storage S S SVI�4C 21.40.060 asiz HeGport P P asiz HeGs[o C C C C P asii- Hobb�sho P P P A P P P au Home ffirnishings,retaiL saLe P P P P azzi HospitaL P P P P P R R R R R R au�io Hos ital, s�chiatric and substance abuse R R R R R R R R az�io Hos itaL s eciaLry P P P P P P A A nii HoteVmo[eL P P P P P P P 3i�it3 IcepLant P P szs9i Inkmanufac[urin P JeweLry,cLocic,musicaL instrument assembLy, asr P P P A P P P P P saLes/service si�i KenneL indoor kenneL do ie da�care faciG S S S S P P See zonin distdcts for conditions. saiss Labora[ories(BioSafe[yLeveL2) P P P saiss Labora[ories(BioSafe[yLeveL3) P P P saiss Labora[ories(Bio Safe[�LeveL 4 P P azisi Laboratories,medicaLanddia ios[ic P P P P P P �i9 LandscapemareriaLssaLes P P P P A A A etziio Laundroma[ P P 9 P P P P 1A53 j,l llOi SIOLC P P P t� t� P P sei6=- Locksmith P P P A A P P P szn Lumbermill,sawmill,shingle mill,yLywoodmilL P ssz�i Machine shoy P P P �33 Machine/machine menufac[urin P P z3eiis Manufacturedhomefabrication P P S S S S S eia Manufacturedhomepark SVMC 19.40.130 ass9s Manufac[uredhomesaLes P P P 3�� Manufac[urin.nonmetallic metaL oducts P P ass99s Marke[_ou[door T T T I T T T azta9s Massage therapy P P P P P P P P Page 'z 16— MeaUfish cannin cuttin curin and smokin P P _iv E °� € € 42D nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O rC C RC P/OS I-1 I-2 3391 MedicaL and labora[ory instrumenUappara[us P P P manufac[uring az�s MedicaL dentaL andhosyitaL equipment suppLy/saLes P P P P szia MedicaVdrntaL cflnic P P P P P P P P azi MedicaVdentaL office P P P P P P P P 33= MetaLfabrication P P 33� MetaLpLating P 33� MetaLprocesses,hot P MineraL roduct manufac[urin,norunetallic P zi� Minin P rzz3so MobiLe food vendors S S S S S S S S S S SVMC 19.60.010(H) T T T T I T �eiis ModeLhomeunits �i�ii Museum P P P P P P P asiia Music store P P P A P P P ,� ,� sei Office P P P P P P P P P P arn Office and computer suppfles P P P A P P P P 999 Off-road recreauonaL vehicLe use P P iit3 Orchard,[ree farmin,commercial P P �-�ii Paper/pulpmills P ass9 Park-and-dde facility P P P P P P P P n�z9s Pawnsho P P P P si� PersonaLservice P P P P P P P P ass9i Petshop P P P A P P P 3-aii PehoLeum and coaL}ttoducts manufac[uring P sai9� Photo a hic smdio P P P 9 A P P P szsii Plasuc and mbber oducts manufac[urin P s�ei99 PlesRC injecuon moLding,[hevnose[ P s�ei99 Plasfic injecROn moLding,[hevnoplesRC P P P P P P s�ei99 PlasRC iri ecROn soLven[moLdin P a9i Pos[office, os[aLcenrer P P P P P P P P P P ��i Power pLan[(excLuding pubLic uRflly facili[ies) P seias Print shop P P P A P P P P P 323 Printin�,reprographics,boold�inding services, P P commercial asaa9 PubGc a� arkin ara e/Lot P P P P P P S S S S S S ni Pubflc utili[�dishibufion facili[� S S P P P P P P P P P See zonin distrtcts for conditions. S S S S S S �' PubGc utili[y hansmission faciGly S S S S S S S S S S S See mning dishicts for conditions. �i399 Racecourse P P P P �ii�i� Racetrack P P sisi Radie/TV broadcas[in s[udio P P P P P Page as�i RaiLroad yard,cepair shop and roundhouse P 42E nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O TC C RC P/OS I-1 I-2 m� ReaeationaL vehicLe park/campground C S SVMC 19.60.060 �i-i Reaea[ionaL vehicLe saLes and service P P p p p p p p sisii Re earerfaciG � P P P P P P - RestauranL drive-in P P P P P P - Restaurant,drive-through P P A C P P P P - Restauran[,full service P P P A P P P P P P asz—ass RetaiL saLes P P P A P P P A A Limited to items manufac[ured on the premises. �i399 Ridin stabLe C P P ssin Rollin mill P sia99i Rope manufac[uring P P s�s�i� Rubber reclamation,manufac[uring/fabricaROn P p p p p p p eiii Schools, ubLic and rivate,K throu h 12 P P P P P P p eiia SchooLs, ofessionaL,vocationaL and hade schools P P P P P P P P P Sho��TOOm P P P P P P a»3 se�oner�nasro�e,�o,��„r,�rsates r r r r r r s svn�e�9.�o.o�o(s)(9) sz99s Si imanufac[urin�re air P P ?z99s Si i ainfin sho P P P P P s�sei Soap and cLeaning compoundmanufac[uring P s�� SoLidwasterecycGng/hansfersite S S S SVMC19.60.060(B) Adapfive reuse of exisfing struc[ures only.!Vo eiie SpeciaGzed training/Leaming schooLs or s[udios P P P P S P P expansion allowed. p p a93i9 Stora e_seLf-service facilit� P P P P P P a9s S[ora e, eneraL—ou[doors S S S S P See zortin distdc[s for condi[ions. Tank storage,LPG above ground S S S S S S S S SVMC 21.40.060 zisiiz Tankstorage,criRCaLma[eciaLaboveground S S SVMC21.40.060 zisiiz Tanks[ora e,aiucaLma[eriaLbeLow ound S S S S SVMC21.40.060 ?tei Tannin_curin ofhidesandskins P �-� Tavem P P P P P P "IaxiAenny P P S S S S S S sin TeLecommurtica[ion wireLess antenna arra� S S S C S S S S S Cha ter 22.120 SVI�4C C C C C C C sin TeLecommurticationwiceLesssu orttower S S S C S S S S S Cha ter22.120SVMC 3i4ii Textilemanufac[uring P P �ii Theater,indoor P P P P P P �ii Theater,outdoor P P P P s�� Tire,reca andretreadmanufac[urin P S S S S S S >i'9 Tower,ham operator S S S C S S S S SVMC 19.40.110(A) niit9 Tower,wind[urbine support C S S S S S SVMC 19.40.110(B) assi Transit center P P P P P P P P C �i3 TransitionaLhousin Page �t�== TrucksaLes,rentaL,repairandmaintenance P P 42F nraee rar�o Corritlor Cih Garden tieighborhootl Communih Regional Lighf Hearz� ScheduleofPermittedtises ese o[�ce R-1 R-2 R-3 R-4 MF-1 MF-2 �=ases eencer misenuse cencer oeece commerciai commerciai commerciai space �°a' �°d' ReferenceCondifions A endiz 19-A MCti CMC CC GO O rC C RC P/OS I-1 I-2 aas—aa-r Truckstop P P siia� UphoLsteryshop P P P P P 493ii Warehousing � S P � P P AdapRVe ceuse of exisung structures.No expansion allowed. szi Wood roductmanufac[urin P P s�� Wreckin,rec�cfln,�unk and saLva e�ards C S SVMC 19.60.060 B P Pem�itted Use A Accessorv Only R Regional Si[ing T Temporary Permit S Condi[ions Apply C Condifional tise Permit ,2009;Ord.09-006�5,2009;Ord.08-026�1,2008;Ord.08-002�1,2008;Ord.07-015�4,2007). Page 42G ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; S okane Valle Zonin p Y g Plannin Commission Trainin g g June 14, 2012 1 ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Ob ' ective J Familiarize PC with Zonin Re ulations g g ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Zonin Ma g p • Traditional Land Use Colors ➢Yellow — single-family ➢Brown — multi-family ➢Red — retail and commercial ➢Purple/Gray — industrial ➢Green — recreational I -r ' _ _ _ _ _ 'F__ ' ____ __w.^_—_ _ ' ___ __� _ _ _____F 4 - .. '-___�___' _ _ "__-"""� _ _ ___ ' �_ S '�aa � � � 'z�a � ' ��5 �i ��ok�lle�'�11��- - i j ; ; � � ----- ,� . j � � , ; ,�- � i I ZUllIll� � � ,' � � ; � i � ' i !------ ' ' i �� I ; � � � � � � i _- 4 1 i _ i +' ! i_ wai�.�en,. i�ixi�.��..�� rriaarx�. i i _ '."-'�'.-. I k� � �, ' I i I__'_-I ___�. 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I _ � I i I � I .�� l� I :'7 I I I � :l'�:( I�.Yh�1 Id I R'.I IA��XIL-I 'V R'f.4 � Jii�:W � r: � { , [ �.. i c.� � ,� � ,,, .R ,�. s,u ,.. . � ?�143 i fi-�. 2� �. � I I ' 23�5 i �r.r.�i ..,,�r .4..�� :vcx iu nw��u�um � i I I , �" � i�, � � I � i i c;wera�i a��wi fualr n;a c�r�ri amr�.uis�,x�:n in.•annua I I y I-� � I I i 'nr.rn�m.vrc,ua-..�a�,a4e c�n?1.?�*,ka�e r�a�dr.��i'r.,n.x� � i I I I• � � I I i i +x:�f��tx�+,,,,,,e,,,r3�rri,rqir��+�E r_�i•r�r.�ai�,'« I � r„�m.i��ra��ar a�.+...a.r,�.t�.on,em:�m..�m� ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Residential Zone Classifications • R- 1 - Single Family Residential Estate • R-2 — Single Family Residential Suburban • R-3 — Single Family Residential • R-4 — Single Family Residential Urban • MF- 1 — Medium Density Multifamily • MF-2 — High Density Multifamily ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Commercial/Office/Mixed Use Zone Classifications • O — Office • GO — Garden Office • NC — Neighborhood Commercial • C — Community Commercial • RC — Regional Commercial • MUC — Mixed Use Center • CMU — Corridor Mixed Use ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Industrial Zone Classifications • I- 1 — Light Industrial • I-2 — Heavy Industrial ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Table 99.44-9 —Res�dent�al Zone Dimensional Standards 41n FeetJ Ff-1 R-2 R-3 R-d MF-1 MF-2 PRD Single-Family Lot.4realDwelling Unit 40,OOD 10,D00 �,50a 6,00� 3,60D 2,000 Underlying zone Duplex LoE Ar2alDwelfing Unit 6,0�0 5,0�0 Lot Width 80 8� 65 t4y 50 45 20 3Q Lot L�epth '10� 9� 90 80 80 80 50 Minin�um Front and Flanking Street y'ard 5etback`x��a� 35 15 15 15 15 15 �5 Garage Se#baek c""' 35 2a 20 20 2Q 20 2Q Rear Yard Setback t""' 20 2D 20 20 10 'f 0 15 Side Yard Setback""" 5 5 5 5 5 5 5 Open Space 14%gross area Lot CoVefage 3�.U°!a S�.D°/o 50.0°lo 55.0°10 60.C3°/a 65.0°Jo 60.0°!0 Maximum Builciing F+eight(In Feet) 35 35 35 35 40 50 Underlying zoi�e e7r No accessory structiire shall be Iocatecl in the front or flan€cing street yarcl, and shall be set back not less t}�ara five feet from any side or rear yard. "� Attached garages, wt�ere the garage door does not Iace the street, may have the same setback as the pnncfpal structure. �a� Setbacks, when adjacent Yo a private road or driveway easement, are established From the inner edges oF the road or driveway anU are the same as noted above excepi the flanking rc�ad which would be Pi�e feet. "' Dup4ex lote in R-3 zones may be a minimum of 60 feet in width. ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Table 19.60-1 —Commercial Development Standards Office Commercial Mixed Use Industrial GD � NC C RC CC* CMU* MUC* I-1 I-2 Minimum Front Yard Setback 2� 20 20 20 20 20 2Q 20 20 2� Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential 20 20 20 20 20 20 2Q 20 35 35 Use or Zane Maximum Building Height �in feet� 45 100 35 35 100 Unlimited 50 60 40 65 *Except as otherwise required ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Permitted and Accessory Uses SVMC Chapter 19.120 P = Permitted S = Permitted w/Specific Conditions A = Accessory to Permitted Use C = Conditional Use Permit T = Temporary Use Blank = Not Permitted ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Conditional Use • Uses that MAY be permitted but require more scrutiny • Requires hearing before Hearing Examiner • Special conditions typically applied ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Dimensional Standards • Minimum Lot Size • Building Setbacks • Building Height • Lot coverage ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Table 99.44-9 —Res�dent�al Zone Dimensional Standards 41n FeetJ Ff-1 R-2 R-3 R-d MF-1 MF-2 PRD Single-Family Lot.4realDwelling Unit 40,OOD 10,D00 �,50a 6,00� 3,60D 2,000 Underlying zone Duplex LoE Ar2alDwelfing Unit 6,0�0 5,0�0 Lot Width 80 8� 65 t4y 50 45 20 3Q Lot L�epth '10� 9� 90 80 80 80 50 Minin�um Front and Flanking Street y'ard 5etback`x��a� 35 15 15 15 15 15 �5 Garage Se#baek c""' 35 2a 20 20 2Q 20 2Q Rear Yard Setback t""' 20 2D 20 20 10 'f 0 15 Side Yard Setback""" 5 5 5 5 5 5 5 Open Space 14%gross area Lot CoVefage 3�.U°!a S�.D°/o 50.0°lo 55.0°10 60.C3°/a 65.0°Jo 60.0°!0 Maximum Builciing F+eight(In Feet) 35 35 35 35 40 50 Underlying zoi�e e7r No accessory structiire shall be Iocatecl in the front or flan€cing street yarcl, and shall be set back not less t}�ara five feet from any side or rear yard. "� Attached garages, wt�ere the garage door does not Iace the street, may have the same setback as the pnncfpal structure. �a� Setbacks, when adjacent Yo a private road or driveway easement, are established From the inner edges oF the road or driveway anU are the same as noted above excepi the flanking rc�ad which would be Pi�e feet. "' Dup4ex lote in R-3 zones may be a minimum of 60 feet in width. ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Table 19.60-1 —Commercial Development Standards Office Commercial Mixed Use Industrial GD � NC C RC CC* CMU* MUC* I-1 I-2 Minimum Front Yard Setback 2� 20 20 20 20 20 2Q 20 20 2� Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential 20 20 20 20 20 20 2Q 20 35 35 Use or Zane Maximum Building Height �in feet� 45 100 35 35 100 Unlimited 50 60 40 65 *Except as otherwise required ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; . Varlances • Relief from zoning regulations • Hardship must exist, resulting from physical characteristics of property. • Requires Public Hearing before Hearing . Examiner ��_ " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Administrative Exce tions p • Any dimensional requirement less than 1 foot • Setbacks = 10% or less of required setback • Building Heights = 25% of maximum • Lot Area = 25% of required lot area • Building Coverage = 25% of maximum coverage CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: June 14,2012 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing �information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Planning Commission Rules of Procedure Discussion GOVERNING LEGISLATION: Spokane Valley Municipal Code PREVIOUS ACTION TAKEN: N/A BACKGROUND: On May 7, 2012, Stan McNutt facilitated a special Planning Commission meeting which focused on Planning Commission procedures, appearance of fairness, conflict of interest, public records and open public meetings. This agenda item allows for follow-up discussion on the topics presented, with specific attention to potential changes in the Planning Commission Rules of Procedure. OPTIONS: N/A RECOMMENDED ACTIONS: N/A STAFF CONTACT: Scott Kuhta, AICP,Planning Manager ATTACHMENTS: 1. Planning Commission Rules of Procedure—Draft Changes 2. SVMC Chapter 18.10—Planning Commission 1of1 City of Spokane Valley Planning Commission RULES OF PROCEDURE Updated 06-22-2006 Updated 02-09-2010 I Updated 11-29-2011 Updated ? - ? -2012 We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Municipal Code (SVMC) 1810, do hereby adopt and publish the following Rules of Procedure: ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission,"hereinafter referred to as the "Commission" is an advisory body created by the City Council for purposes consistent with SVMC 1810. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane V alley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 18.10. A. Of�cers of the Commission shall be elected from its membership; the of�cers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by maj ority vote. B. Planning Commission members must have served at least one full calendar year to be eligible to be elected as an Officer. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Election of Officers A. Of�cers shall be elected at the first regular meeting in January of each year, by majority vote of the membership of the Commission. Terms of office shall run from the first January meeting I Updated and Approved by Council�7-�7-2012� Page 1 of 8 until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as Vice-Chair for more than two full consecutive terms. In the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice-Chair will preside over the Commission until officers are elected. If at the first regular meeting in January,both the Chair and Vice-Chair are no longer Planning Commission members, the Planning Commission Secretary will preside over the meeting until Officers are elected. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission who has served for at least one full calendar year,is eligible to �11 the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The a�rmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question. 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled on the 2nd and 4"' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetin�s on General Plannin� Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staf£ Generally, no testimony from the public shall be taken at a study session. 2. Public Hearin� Meetin�. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or,in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: I Updated and Approved by Council�7-�37-2012� Page 2 of 8 a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by recording secretary. d. Approval of Agenda. e. Approval or amendment of minutes. f. Public Comment. g. Commission Members Report. h. Administrative Report. i. Commission Business. i. Unfinished Business ii. New Business j. For the Good of the Order. k Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 4230. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or,in the Chair's absence,by the Vice-Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. Conduct of Hearings A. Actions for a Planning Commission Public Hearing. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The Chair, subj ect to concurrence by the maj ority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. I Updated and Approved by Council�7-�7-2012� Page 3 of 8 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair(or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or � 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 15(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING a. The Chair announces the matter and opens the public hearing stating the date and time. b. The Chair allows staff to describe the matter under consideration and place matters in the public record. c. The Chair inquires as to whether Commissioners have any questions of staf£ If any Commission member has questions, the appropriate individual will be recalled. d. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. � e. At the conclusion of the public testimony, the Chair asks staff if there is=any additional information, testimony or evidence to submit for the record. f. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. g. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Affirmative motion are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion occurs among Commission members. I Updated and Approved by Council�7-�37-2012� Page 4 of 8 h. The Chair inquires if there is any further discussion by the Commission members. i. The Chair inquires if there are any final comments or recommendations from staff. j. The Chair inquires of the Commission members if they are ready for the question. k The Chair calls for the vote on the motion l. The Chair may direct staff to prepare findings for approval. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. ll. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete �les of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE Ir�nnn r�n.r n-rrnrr MANUAL." 12. Recording of Meetings Proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby reco�nized and established that hi�h moral and ethical standards of City Plannin� Commissioners are vital and essential to �rovide unbiased, o�en and honest conduct within all phases and levels of�overnment; that rules of ethics are hel�ful in u� idin� Commission members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of�ublic service so as to�romote and stren�then the confidence, faith and trust of the�eo�le of the ci ,t��okane Vallev in their local�overnment. B. Interests in Contracts Prohibited; Exceptions. No Commission member shall be beneficially interested, directly or indirectlY, in anv contract which may be made by, throu�h, or under the supervision or direction of an�pokane Valley City employee, in whole or in substantial part, or which mav be made for the benefit of his or her office, or acce�t, directly or indirectlY, an,��ensation, r� atuity or reward in connection with such contract from an�person beneficially interested therein. The fore�oin� shall not a�lv to the exceptions specified in RCW 4234.030 which are incorporated herein as if fully set forth. I Updated and Approved by Council�7-�37-2012� Page 5 of 8 C. Conflicts of Interest 1. A Conflict of Interest includes: i. En�a�in� in a transaction or activity which impairs, or would to a reasonable person appear to im�air, the member's inde�endence of jud�ment or action in the �erformance of their official duties; ii. A Commission member havin� a financial or other private or personal interest in any matter u�on which the member is required to act in the dischar�e of his or her official duties; iii. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commission member's em�lo, m�e��ast or�resent. Where the member's em�lo, e��rofessional activi , is onl,�� e� ntiallv related to a matter before the Commission, recusal need not occur if the member can reasonably conclude that the connection is, or was remote and inconsequential. If a member is required to refrain from deliberation or�artici�ation bv his/her em�lo,� because of a real or�erceived conflict of interest, then the member should be allowed to recuse or withdraw from that deliberation. 2. Conflict of Interest Procedure: Every member who has a conflict of interest shall �ubliclX disclose the confliect at the next Plannin� Commission meetin� after the member discovers the conflict. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedin�s. If a member feels that they cannot be unbiased because of any conflict of interest, the member shall recuse themselves from further�roceedin�s on the issue. Such member shall make a�ublic statement disclosin� the reasons why the member feels disqualified, and state thev thev are recusin� themselves from the issue. With permission of the Chair, the disqualified member will then lea�e the Council Chambers until such time as the issue at hand has been dis�osed of in the re�ular course of business. D. Other Prohibited Acts. Members of the Commission are prohibited from: 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. � 3. Missing three �}or more consecutive regularly scheduled meetings or study sessions�ra without such absence being excused by the Commission. The Commission reco�niaes that consistent and re�ular attendance of ineetin�s by all members is inte�ral to ful�llin.. t�he �ur�ose of the Plannin� Commission. All members should attend all meetin�s and kee� absences to an absolute minimum. If a member is absent, then at the be_ig nnin�of the Plannin� Commission meetin�,the Chair shall inform the Commission of the member's absence, state the reason for such absence, and inquire if there is anv obj ection to excusin�the member. If there is an obj ection, the Presiding Officer shall call for a motion to excuse the member. In such a case, the outcome of the vote shall determine whether the member shall be considered excused. If there is no objection, then the member shall be deemed excused. I Updated and Approved by Council�7-�37-2012� Page 6 of 8 If the Chair finds that the Commission has inadequate information to determine whether the absent member should be excused, and the person is not present,then the Chair should defer any determination of whether to excuse the member pendin�receipt of more information. A member's absence is excused if thev have recused themselves from a matter that is bein� discussed durin�the meetin�, and the recusal is due to an actual or perceived conflict of interest. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directiv or indirectly receivin�, acce�tin�, takin�, seekin�, or solicitin� an, hin� of economic value re�ardless of the amount, as a �ift, r� atuit,y, or favor. ' > > , , , ��o r�,,,,.,,.;��;,,� rio�� „��o...r; ;aoa �. i.,,t, ,' . 6. En��in� in or acce�ting�rivate em�lovment or render services for an�person or enga� any business or professional activity when such emplovment, service or activi , is incom�atible with the �ro�er and faithful dischar�e of his/her official duties as a member, or when it would require or induce the member to disclose confidential information acc�uired bX reason of such official position.nc�e��e��n�e��e� e��g��sr,r-� r� �� 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 8. Engagin i..� n any meetin�that violates the O�en Public Meetings (OPMA). OPMA strictlX forbids any meetin� of a quorum of the Commission durin�which any city business is discussed. The OPMA�rovides that Commissioners ma,�a)meet informally in less than a quorum and discuss City business, and (b)meet in a quorum if City business is not discussed. but Commissioners are encoura�ed to be mindful that such meetin�s risk creatin�an appearance of violation of the OPMA when such meetin�s can be avoided. If a meetin� occurs that is, or would to a reasonable person a�pear to constitute a violation of the OPMA, the Commissioners involved in the activity should publicly disclose the nature of such activity at the next Commission meetin�. If�ossible, the Commissioner may consult the City Attorney for advice on whether the meetin�violates the OPMA. �n r,.�t�.,.� ,.r r��,...,.�� . , > > ,.o,a i.. i.,.. ,.o�;..,:� �.,,.,. ,..,,.�;,.;�.,�:�,. „ „�;�,. „� �i.o ,,..,��o,. � • 14�. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 4236. I Updated and Approved by Council�7-�37-2012� Page 7 of 8 B. During the pendency of any quasi judicial proceeding,no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding,unless the Commission member: 1. places on the record the substance of such oral or written communications; and 2. provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 4236.060) � 15g. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: I Updated and Approved by Council�7-�37-2012� Page 8 of 8 Chapter 18.10 Page 1 of 3 � � i � � ; Chapter 18.10 i PLANNING COMMISSION Sections 1�.10.010 Establishment and purpose. ; 1�.10.020 Membership. ; 1�.10.030 Meetings— Rules. �; 1�.10.040 Staff support. ; 1�.10.050 Duties and responsibilities. , � 18.10.010 Establishment and purpose. I There is created the City of Spokane Valley planning commission (hereafter referred to ' as the "planning commission"). The purpose of the planning commission is to study and i make recommendations to the mayor and city council for future planned growth through '� continued review of the City's comprehensive land use plan, development regulations, ,i shoreline management, environmental protection, public facilities, capital improvements , and other matters as directed by the city council. (Ord. 07-015 §4, 2007). i 18.10.020 Membership. A. Qualifications. The membership of the planning commission shall consist of individuals ' who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to � select residents who represent various interests and locations within the City. i C. Number of Members/Terms. The planning commission shall consist of seven � members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the thirty-first day of December. ; i D. Removal. Members of the planning commission may be removed by the mayor, with � the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular � meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The i decision of the city council regarding membership on the planning commission shall be final and without appeal. I E. Vacancies. Vacancies that occur other than through the expiration of terms shall be ', filled for the unexpired term in the same manner as for appointments. !� I F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from http://www.codepublishing.com/WA/SpokaneValley/spva118/spva11810.htm1 6/5/2012 ( i �� Chapter 18.10 Page 2 of 3 I time to time by the city council regulating the conduct of any person holding appointive ' office within the City. No elected official or City employee may be a member of the , planning commission. (Ord. 07-015 § 4, 2007). ! i 18.10.030 Meetings — Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the planning commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning commission members shall constitute a � quorum for the transaction of business, and a majority vote of those present shall be � necessary to carry any proposition. I I B. The planning commission shall determine a regular meeting schedule (time, place and � frequency) and shall meet at least one time every month. All meetings shall be open to � the public. i C. The planning commission shall adopt such rules and procedures as are necessary for Ij the conduct of business, subject to the approval of city council, and shall keep a '� recording of its proceedings. �i D. All hearings before the planning commission shall be conducted in the manner set ��I forth in Appendix B. (Ord. 07-015 § 4, 2007). � 18.10.040 Staff su ort. pp Administrative staff support to the planning commission shall be provided by the City's community development department (hereafter referred to as the "department"). In addition, the planning commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director(hereafter � referred to as the "director") on any pending matter. (Ord. 07-015 § 4, 2007). i I 18.10.050 Duties and responsibilities. The planning commission, as an advisory body to the city council, shall perform and have !, the following duties and responsibilities: �� i A. Assist in the preparation of a Comprehensive Plan and development regulations in �I compliance with Chapters 35A.63 and 36.70A RCW, including the establishment of � procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the development regulations; i B. Review plans and regulations related to land use mana�em�nt, �h�r�line ; management, environmental policy, transportation systems, public facilities and capital i infrastructure planning and development; ' C. Upon request from the city manager or city council, review potential annexations to the II, City; �I D. Where design review is required by land use ordinances of the City, perForm such � design review unless that review is delegated to some other appointed body or City staff; � � http://www.codepublishing.com/WA/SpokaneValley/spva118/spva11810.html 6/5/2012 , Chapter 18.10 Page 3 of 3 � I E. Identify issues and recommend priorities for geographic subareas including park and � � open space areas in the City; I F. Meet and confer with the hearing examiner to review the administration of land use olicies and ordinances to enhance the lannin and ermittin rocess; p p 9 p 9P G. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; i H. Hold public hearings in the exercise of duties and responsibilities; i L PerForm such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. (Ord. 'I 07-015 § 4, 2007). !i Cornpile Title ; '� II This page of the Spokane Valley Municipal Code is current City Website; http://www.spokanevalley.org/ � through Ordinance 12-015, passed May 22, 2012. (http://www.spokenevalley.org/) Disclaimer: The City Clerk's Office has the official version of the City Telephone: (509) 720-5102 Spokane Valley Municipal Code. Users should contact the City Code Publishing Company Clerk's Office for ordinances passed subsequent to the ordinance (http://www.codepublishing.com/) ', cited above. eLibrary I (http://www.codepublishing.com/elibrary.html) , � i i �I i � � I i i �� i � I � � http://www.codepublishing.com/WA/SpokaneValley/spva118/spva11810.htm1 6/5/2012 � i