Ordinance 07-025 Amending SVMC Sections 19.40 and 22.30 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 07-025
AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON ADOPTING AN INTERIM ORDINANCE AMENDING SPOKANE
VALLEY MUNICIPAL CODE SECTIONS 19.40.010 RELATING TO USE OF RECREATIONAL
VEHICLES; 19.40.090-100 RELATING TO ACCESSORY DWELLING UNITS; 19.60.010
RELATING TO SETBACKS; 22.30 RELATING TO FUTURE ACQUISITION AREAS; AND
APPENDIX A DEFINITIONS RELATING TO ACCESSORY DWELLING UNITS; DECLARING
AN EMERGENCY AND SETTING A PUBLIC HEARING DATE.
WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to
Ordinance 07-015, on the 24th day of September, 2007; and
WHEREAS,the UDC became effective on 28th day of October, 2007; and
WHEREAS, the City of Spokane Valley has identified a number of instances wherein portions of the
previously adopted development code were unintentionally not carried forward into the new UDC or
where necessary language was inadvertently omitted; and
WHEREAS, the absence of these code provisions from the UDC could prevent the City of Spokane
Valley from implementing and enforcing the UDC in a consistent manner and further could result in
development that may be inconsistent with the goals and policies of the City of Spokane Valley
Comprehensive Plan; and
WHEREAS, SVMC 19.40.010 fails to include language prohibiting recreational vehicles from being used
as permanent or temporary dwelling units in residential zones; and
WHEREAS, SVMC 19.40.090 and 19.40.100 and the definition for"Dwelling, Accessory Apartment' fails
to adequately restrict the size of such units, the number of persons residing in such units, the appearance
and setbacks of such units or identify an application process; and
WHEREAS, SVMC 19.60.010 fails to identify setbacks for flanking streets in commercial, office and
mixed use Zones; and
WHEREAS, SVMC 22.130 fails to incorporate the standards and requirements for the designation of
"future acquisition areas" as had previously been set forth in the adopted Spokane County Code Chapter
14,710.
NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 the city adopts this interim zoning
ordinance amending sections 19.40.010, 19.40.090 and 19.40.100, 19.60.010 and 22.130 and Appendix
A Definitions. This interim ordinance shall be effective for 6 months from the effective date of adoption.
Section Two: Pursuant to RCW 36.70A.390 and RCW 35A,63.220 a public hearing before the City
Council to consider this interim development ordinance shall be set for the 11th day of December, 2007.
Section Three: Pursuant to RCW 35A.13.190 the council declares that an emergency exists in that
development without the amendments set forth below could occur in a manner which is inconsistent with
the goals and policies of the Comprehensive Plan, that may have an adverse and detrimental impact on
the use and enjoyment of adjacent properties and could prevent the City from consistently exercising its
authority with respect the preservation of future right of ways, all requiring the passage of this emergency
ordinance to protect public health, safety, property, and the public peace.
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Section Four: Pursuant the RCW 35A.13.190 this ordinance shall take effect immediately upon passage
by the City Council.
Section Five: SVMC 19.40.010 shall be amended as follows:
19.40 District Purpose & Supplemental Use Regulations Residential Zones
19.40.010 General Provisions
1. No principal or accessory structure shall be located within the clearview triangle, SVMC 22.70.
2. In the districts where the height of buildings is restricted to thirty-five (35) feet, cooling towers,
roof gables, chimneys and vent stacks may extend for an additional height, not to exceed forty
(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 (1) 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.
3. No structure may be erected to a height in excess of that permitted by applicable Airport
Hazard zoning regulations.
4. 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 twelve (12) month period. The intent is to accommodate visiting guests and not to
allow the recreational vehicle to be used as a dwelling unit.
Section Six: Appendix A and SVMC 19.40.090-100 shall be amended as follows:
Appendix A Definitions
Accessory Dwelling Unit: A freestanding detached structure or an attached part of a structure that is
subordinate and incidental to the principal dwelling unit located on the same property, providing complete,
independent living facilities exclusively for a single housekeeping unit, including permanent provisions for
living, sleeping, cooking, and sanitation.
Principal Dwelling Unit: The principal structure on a lot that is the main residence to which the property
is devoted.
19.40.090 Residential Accessory Uses & Structures
1. 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.
2. The combined building footprint of all accessory permanent structures in residential zoning
districts shall not exceed ten percent(10%)of the lot area.
3. The vertical wall of an in-ground swimming pool shall be located behind front building setback
lines and at least five•(5) 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.
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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 free standing accessory dwelling unit that is not attached or physically connected to
the principal dwelling unit.
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 supports
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 reduce the isolation of households that is a result of urban sprawl and suburban land use;
5. To make better use of existing public investment in streets, transit, water, sewer, and other
utilities; and
6. 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(1)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 ten percent(10%) 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 (6) 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 Part C.
C. Development Standards and Criteria
1. All ADUs, both attached and detached, must meet the following requirements:
a. One (1) 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 fifty percent (50%) of the total square footage of the
principal dwelling unit, nor be less than three hundred (300) square feet and not more
than eight hundred (800) square feet;
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c. The total number of individuals that reside in the ADU shall not exceed the number of
persons that are defined as 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(1) 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(2) 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
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 Section 19.40.020 Residential Standards in the UDC;
c. Shall not be allowed on lots containing a duplex, multi-family 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 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 ADUs 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.
Section Seven: SVMC 19.60 shall be amended as follows:
19.60 District Purpose & Supplemental Use Regulations Commercial, Office & Mixed Use
Zones
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19.60.010 General Requirements
1. Non-residential development shall meet the minimum setback and the maximum building height
requirements shown in Table 19.60-1.
2. Parking areas shall be paved and landscaped in accordance with SVMC 22.50.
3. New development exceeding three (3) stories in height shall be provided with paved service
lanes not less than sixteen (16)feet in width.
4. All new development shall provide for shared access with adjacent properties.
Table 19.60-1 Commercial Development Standards
Office Commercial Mixed Use Industrial
GO 0 NC C RC CC' CMU` MUC` 11 I2
Minimum
Front Yard 20 20 20 20 20 20 20 20 20 20
Setback
Minimum
Ranking 20 20 20 20 20 20 20 20 20 20
Street
Setback
- Minimum
Side and
Rear Yard 20 20 20 20 20 20 20 20 35 35
adjacent to a
residential
use or zone
Maximum
Building 45 100 35 35 100 Unlimited 50 60 40 65
Height(in
i feet)
` Except as otherwise required
Section Eight: SVMC 22.130 shall be amended as follows:
22.130.030 Required Improvements and Dedication
Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the
Development Services Senior Engineer shall determine the extent and type of roadway improvements,
dedication or designation of future acquisition areas required as part of the development proposal. The
Development Services Senior Engineer shall utilize the following in determining the scope of the
improvements:
1. The Comprehensive Plan,
2. The Arterial Street Map,
3. The street construction standards, and
4. The functional, safety, efficiency and coordinated future expansion needs of the roadway
system to serve the traveling public and emergency vehicles.
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The Development Services Senior Engineer shall determine the extent of additional right-of-way
needed to support these improvements and the process of dedicating the required land area or
determine if a future acquisition area should be designated pursuant to 22.130.035 - 036 below. The
Development Services Senior Engineer shall also determine if the development proposal can
participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street
Improvement Plan. In these cases, the development proposal will be conditioned to provide a
proportionate contribution to the anticipated project.
Section Nine: SVMC 22.130.035 shall be added as follows:
22.130.035 Future Acquisition Areas
1. When a "future acquisition area" is designated, a "Title Notice" shall be completed and
recorded with the County Auditor by the Planning Department or other appropriate
agency/department. The notice shall run with the land and shall not be removed or amended
prior to approval by the establishing agency/department s indicated on the notice. The notice
shall be recorded as soon as possible and, in all cases, prior to the issuance of a building
permit. The notice shall:
a. Include the tax parcel number and the full legal description;
b. Make reference to any related approval file number or permit numbers;
c. Include the name of the street(s) or road(s)and/or map if appropriate;
d. Include the dimension of the future acquisition area(s);
e. Indicate the building setbacks from the future acquisition boundary(ies);
f. Indentify any limitations for improvements or features within the acquisition
boundary(ies);
g. Indicate that the future acquisition area is private property;
h. Identify the responsibility for relocation or loss of "interim" features or improvements
within the future acquisition areas; and
i. Be mailed to the property owner's and taxpayer's address as shown in the current
Spokane County Assessor's/Treasure's records, if a complete mailing address is
indicated.
The "Title Notice" shall be amended or removed with an Extinguished Form when the Arterial Road
Plan, the Official Road Map or other conditions change and the recorded 'Title Notice" is no longer
valid. Property owners shall be notified of the change.
2. Building Setback
The required setback of buildings as specified in the underlying zone classification shall be
measured from the future acquisition area boundary. If no reasonable site design solution
complying with the full setback is feasible, exceptions to the full setback may be administratively
granted if
a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area required
in the underlying zone;
b. an existing parcel or lot has an existing building proposed for expansion; or
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c. the sponsor of new development or redevelopment adequately demonstrates a site
design or use limitation for the existing property.
Such exceptions may be granted provided that:
i. The property is not part of a zone reclassification and/or subdivision application;
ii. The property has no reasonable alternative site design solution feasible;
iii. A 'Title Notice" is recorded pursuant to 22.130.035 that further identifies likely
impacts (such as noise, crowding, loss or relocation of improvements) to the site
when the roadway is widened in the future; and
iv. The building is located at the greatest setback possible; but in any case shall be
no closer than one-quarter (25%) of the required setback from the future
acquisition area boundary and shall not be located within the future acquisition
area.
3. Landscaping and Parking
LANDSCAPING:
Significant landscape features, such as trees, shall be located in such a manner that when the
roadway is widened in the future a significant portion of such landscaping features, such as matured
trees, will not need to be destroyed or relocated. A majority of the trees required in the current
landscaping areas shall be planted eight feet (8 ft) from the future acquisition area boundary within
the future planting strip and shall be spaced no less than sixty feet(60 ft)from one another.
PARKING:
All on-site parking required by the underlying zone classification shall be located outside the future
acquisition area. If no reasonable site design solution complying with parking location requirements
is feasible, exceptions to these requirements may be administratively granted if:
a. an existing parcel or lot equals or is up to 5% larger than the minimum lot
area of the underlying zone;
b. an existing parcel or lot has an existing building proposed for expansion; or
c. the sponsor of a new development or redevelopment adequately demonstrates a
site design or use limitation for the existing property.
Such exceptions may be granted provided that:
i. The property is not part of a zone reclassification and/or subdivision
application;
ii. The property has no reasonable alternative site design solution feasible;
iii. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies
likely impacts to the site when the roadway is widened in the future; and
iv. The fewest number of parking stalls is located in the future acquisition area
as possible and, in any case, shall contain no more than one-quarter(25%)
of the required parking stalls for the site.
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•
4. Location of Required Site Drainage Facilities
All required 208 and/or surface drainage facilities for the site shall be located outside the future
acquisition area. If the sponsor of a new development or redevelopment adequately demonstrates
a site design or use limitation for location of such facilities on the existing property, a portion of the
drainage facility improvement may be temporarily allowed within the future acquisition area if an
interim permit is issued pursuant to the provisions of 22.130.037. The interim permit shall provide
for the relocation of the drainage facility to an alternative site by the property owner when the
roadway is widened. The permit shall identify the alternate location and the means of relocating
the facility.
5. Physical Structures, Improvements and Utilities
Physical structures (such as signs, fencing, and architectural features) and improvements(such as
site drainage, '208' drainage swales, landscaping, and parking) shall not be located within the
future acquisition area unless an interim conditional use permit has been issued pursuant to
Section 22.130.037. If permitted they shall be considered "interim" and shall be relocated or
removed/ right-of-way is widened in the future, subject to the conditions of the interim conditional
use permit.
All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way
shall show the future acquisition area and boundary(ies) on construction plans or drawings.
Impacts from the future roadway widening and other relocation cost shall be considered when
designing and siting utilities and improvements.
Section Ten: SVMC 22.130.037 shall be added as follows:
22.130.037 Interim Conditional Use Permit
The Development Service Senior Engineer may temporarily allow, as an interim conditional use, site
features or improvements located within or adjacent to the future acquisition area that are in conflict
with the provisions of this Chapter, provided that a hardship can be demonstrated and the use can be
reasonably conditioned and restricted to ultimately accomplish the intent of this 208 swales, parking
stalls, utilities and signs. Interim Conditional Use Permits shall be issued administratively at or before
the time development approvals and permits are granted. Interim permits shall, at a minimum, specify
the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of
removal, relocation or installation and the responsibility for the cost of relocation, removal or installation.
Any appeal of the administrative decision respecting an interim use shall be heard pursuant to SVMC
7.90 Appeals. All interim permits shall be referenced by a Title Notice pursuant to Section 22.130.035.
Section Eleven: SVMC 22.130.039 shall be added as follows:
22.130.039 Parking Lot Travel Lane Connections to Adjacent Parking Lots
1. Travel lanes within commercial and industrial developments shall connect or provide for future
connection of existing or future adjacent parking lots of commercial or industrial development.
Multiple family developments shall provide similar connections to adjacent multiple family
development. Travel lanes shall be designed to allow future expansion of the roadway and
retain parking lot circulation between parking lots without requiring vehicles to access the
roadway to enter the adjacent parking lot. Commercial or industrial parking lot traffic should
not pass through residential parking lots. Site development design which provides for
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minimum travel lane connections may reduce parking requirements by two parking stalls for
each travel lane connection (to a maximum of four stalls). If the sponsor of a new
development or redevelopment adequately demonstrates a site design or use limitation for
installation of the required travel lanes on the existing property; exceptions to the travel lane
requirements may be administratively granted; provided that:
a. The property is not part of a zone reclassification and/or subdivision
application;
b. The property has no reasonable alternative site design solution feasible;
c. The Development Services Senior Engineer finds that the travel lane and
connection location or an interim lack of connection will not negatively impact the
present or future function and safety of the parking lot circulation, ingress/egress,
the future roadway or roadway network;
d. An interim permit is issued under the provisions of 22.130.037 for any
required parking stalls that are to be removed in the future, and the permit
requires adjacent travel lane connections; and
e. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely
impacts (such as loss or relocation of improvements, features or parking stalls) to the
site when the travel lane connection is made in the future.
Section Twelve: Severability. If any section, sentence, clause or phrases of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of
this Ordinance.
Passed by the City Council this 7th day of November, 2007.
Mayor, Diana Wilhite
y Clerk, Christine ain ridge
Approved as to Form:
�� �
Office of the City Attorney
Date of Publication: 1/—/6--a2
Effective Date: November 7, 2007
Expiration Date: May 7, 2008
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