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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. Ordinance 07-025 Interim Emergency Ordinance re UDC Page 1 of 9 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. Ordinance 07-025 Interim Emergency Ordinance re UDC Page 2 of 9 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; Ordinance 07-025 Interim Emergency Ordinance re UDC 'Page 3 of 9 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 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 4 of 9 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. Ordinance 07-025 Interim Emergency Ordinance re UDC Page 5 of 9 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 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 6 of 9 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. Ordinance 07-025 Interim Emergency Ordinance re UDC Page 7 of 9 • 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 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 8(4'9 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 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 9 of 9