Ordinance 06-003 Amending SVMC Section 10.30 - Code Compliance CITE' OF SPOKANE ~'ALLEI'
SPOKANE COt1NTl' WASHINGTON
ORDIti ANCE NO. OG-003
AN c)ItU1NANCE OF THE CITY (~h SPOI`AN1: t'AI.LI;I', 11~:~~f11N'li~T(~N, :~M1NDING
S1'OICANE VALLEY MCTNICLPAL CODE SECTION 10.30.060 AS FOLLOWS; REPfiALING
CHAPTERS 14.406 AND 14.412; AMENDING CHAPTERS AND SECTIONS 14.402.140.
14.404.082(5), 1=1.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3),
14.706.060, AND 14.806.080 OF Ti-IE CTTY'S [NTERIM ZONING CODE PERTAINING 1'U
ENFORCEMENT AND ADti11NIS"IRA"T'IVF APPEALS. PROVID1tiG FOR SE.VERARILITI~' :AND
AN EFFECTIVE DAT(~:.
WHEREAS, the C ity adopted Urdinarrcc 03-078 ~~~hich amended Interim Zoning Code Section
1 a.~306 by providing enhanced regulations for abating Zoning Codc violations. The Ciq~ later adopted
Ordinance 04-013, which expanded the applicability of the regulations originally adopted in Ordinance
U3-078 to make them apply to other types of violations beyond zoning issues, which was later codified a_s
SVMC 10.30.150 - .65Q. The previsions of Interim Zoning Code Section 14.406.405 through 14.406,660
relating to zoning enforcement, codified under SVMC 10.30.060, were never repealed and are in conflict
«ith the later-adopted provisions under SVMC 10.35.150 -.650; and
WIIFREAS, the City adopted Ordinance f),-t)~ ~~~hich adrptrcl an Interim 7r~nint; ('ode. which
~~as later codified as SVMC 10.30.060. 100; and
WIIFREAS, the City's Interim Zoning Ccxie contains pruvisiaas rotating to prrxtjdura!
requirements far appeals of administrative determinations by staff, and for appeals of determinations h}
the hearing examiner to the City Council; and
WHEREAS, the City also adopted Ordinance 03-057 to provide authorit}• and direction lu the
hc:+ring examiner, which was later codified as SVMC 10.35; and
WIEIFRF,AS. the City also adopted Ordinance 03-060, which adopted h} reference the Slx~lcane
County Application Review Procedures for Project Permits as the t,it~'s interim procedures tiJr such
actions, which was later codified a_s SVMC 10.35.170; and
WIiEREAS, the City subsequently amended SV;~tC I0.35.1i0 through Ordinance 0~-021, t~~
adopt specific prckedural requirements for any appeal of a hearing examiner decision to the City Council:
and
1~1'HEREAS, the provisions relating to appeals of administrative determinations5 ttdupted in U~-
U~3 arc in conflict with the later adapted provisions in 03-060 and OS-021; and
WHEREAS, the City Council now desires to repeal or amend those prey iously adopted
prop isiuns in Spokane Valley Interim Zoning Code that conflict with the later-adopted provisions; and
WHEREAS, the; proposed action is exempt fn~m requirements under the St<rte Em•ironmt ntal
Pulic~• Art pursuant to WAC 197-1 I-800(19)
WHEREAS, it is tttc intent of the fit} Council for the City of 51.wt:irte Valles~ to rcpeul interim
Zunurg Code Chapters 14.306 and 14.412, as adopted by SVMC 10.30.060, in their entirMy because the}
conflict with later-adopted provisions. Other provisions in the City's interim 'Coning Code cite to the
:{p~cal rn~wisie~ns that ~sauld he rrpe:jled h~ this action. As ,uch, those other prop isi<ms citing to intcrint
(_rrdman~:e Ilh-Un; :lmcndu~~ l'ertaut tiecticros tiumherrd l~l of the Interim Zuntn~ Itc~uluUuns 1'a~e f uf•
"Zoning Mode section 14.412 must also be amended to collect a new reference to the applicable appeal
provisions adopted by the City in Ordinance 03-060, codified as SVMC 10.35.170•
NOW 'THEREFORE., the City Council of the City of Spokane Valley, Washington, ordains as follow 5:
Section 1. Spokane Valley MunicipaL.Cod_e_ se_ rti~m 1 Q.30.000, ~~fiich_ ccid_ ifies the City's Interim
7~~ninp, Code. is amended as follows:
1. Repealing Spokane Vallcv Interim Zoning Cade Chapter 14.406. Spokane Volley
Interirn Tuning Codc t.'hapter I.1.=10ti, which includes Subscciians I ~i.•i(Ifi.ll(K through 14.•IUti,66(1. is
repealed in its entirety.
2. Repealing Spokane Vallcv laterim "Losing Codc Chapter 11.412. Spokane Vnllcy
Interirn Zoning Code Chapter 14.412, which includes Subsections 14.412.Uf)11 through 14.•1I2.0~12. is
repealed in its entirety.
3. Ameading Spokatx Vallcv Interim Zoning Code Section 14.4112.140. ~Tlte action of
the licnring Examiner on a zoning map amendment, pursuant to Section I ~1.-!02.100(1), shall lx
considered fatal and conclusive unl~ys an appeal is filed with the Council under proccdunes set forth in
Section 14.412.042. Upon receipt of any such appeal, or tcgaest for review, the Council shall at its next
regular ntceting set the date for public hearing with notice as provided in Section 14.402. I GO(1) and by
the Clerk of the Council notifying all property owners and taxpayers within a four hundred (400) fix~t
periphery of dte subject site, including any access easement(s) serving the site, by mail at least fifteen
(I S) days prior to the hearing, moreover the Director may cause the action of the Hearing Examiner to he
reviewed by the Council under prcx.cdures set Forth in SVMC 10.35.150. Consideration of the Council nt
this hearing shall be "de novo." upon conclusion of its hearing, the Council may adopt, madif}
conditions of approval or deny the proposed map amendment, and it shall adopt its ow•tt findings of fact
and statement setting forth the factors considered at the hearing and its own analysis of findings
considered by the Council.
A. Amending Spokane Valley Interim Zonine Codc Section 14.#04.082(51. The
i'ollowing conditions and requirements pertain to a variance.
Thc hearing Examiner shall make available to all parties of rccuril its decision, al~~ng with tirtdings of
fact and conclusions. The action of the Nearing Examiner an a variance shall be considered flop! and
ce~nclusive unless art appeal is filed under the procedures set forth in SVMC 10.35.170.
Amendine Spokane Vallcv lntcrim Zoning Code Section 14.40x.10212). Thc t leering
L~amincr shall make available to all parties of record its decision, along with findings of fact and
conclusions. Thc action of the Flooring E.~aminer on a conditional use shall be eonsidettd final and
~unclusive unless an apperal is filed with the appropriate brtdy under the procedures set forth in SVA1C
1(L~j 17U,
6. AmcadinE Spokane Valley Interim 'LonlnQ Cole Section 14.SO4.Q20. A rcyuc,t for
interpretation of a zoning map or arterial; road map by the Department with respect to the location of am
boundary line bchveenroning classifications or specifics of the arterialiroad by any interested citizen itr
public official must be made in writing. A determination shall be made by the Director, and the ruling or
intcrprctation shall be submitted in writing to the person submitting the request. Such interpretations ar
nrlings arc appealsble under Utc pr~7~•isi~~ns of SVMC If}..;~.I?0.
Ordinance 06-003 Amending Corwin SccUurrs Numbered la of the Inurim Zoning Kcgulations Nags : of
7_ Amending Spokane Valley Interim "!.opine Code Section 14.504.0{0. I'he fulluwin):
alternti~~ns ur additions to the approved sitr development plans for 7.onr reclassifications, arterial/road
change or conditional use permits are deemed to be minor in nnturc and may be approved admirtis7mtivelti•
by the Departnrrnt if the changes are not contrary to the adopted findings and conditions:
1. Additions to buildings, provided that the increase in floor area is less than ten percent
(IQ°'~) of the total floor area of all buildings on the approved site development plan and the addition(s)
does not exceed allowable densities of the underlying zone or requirements governing building coverage;
and `or
2. Minor adjustments to building or swcturc locations, provided that the density or
urtensity at use is not increased and does not significantly affect adjacent uses: andlor
3. Changes in parl?ing areas, provided that adopted regulations and conditions are met;
and/or
4. Modifications in landscape plans, provided that required percentages of landscaping err
~~pen space are not reduced below those prescribed in this Code or as approved by the Hearing Examiner,
and/or
5. Changes in use for a zone classification, provided that documentation is submitted that
the impacts and intensity of the proposed use are equal to or less in nature than the originally approved
use ur the surrounding land use as determined by the ?.aping Administrator.
6. "fhe change meets the purpose of the ArteriallRoad Overlay text and map and the
Public 14'orks Director indicates the change(s) will meet roadway design and constnrCtipn standards and
will not diminish the function ofthe existing or future roadway,
Changes to approved site development plans other than those listed above mill require a public hwring
hcforc the Hearing Examiner. Any person aggrieved by an interpretation regarding the five (5)
circumstanccw listed above ma} appeal said interpretation to the Hearing iJxaminer under SVMC
10.35.1 ;(1.
R. Amendine Spokane Valley IntrrimLoain~ Code Section 14.5[14.060. The granting or
den}•ing of an administrative exception pursuant to Chapter Ift.506 is an administrative determination
suhject to appeals as specified in SV~•tC 10.3>.170.
9. Amending Spolwnc VaUev Interim Zonine Code Section 14.512.004. Application tier
the types of administrau~e actions described in Chapter 14.500. Administrrtive Procedures, shall be made
to the Department on funtrs provided for that purpose. Any decision by the Department should be made
within thirty (30) days of receipt of a complete application and may include provisions to mitigate project
impacts. "i'hese decisions shall he subject to appeal tc~ the Hearing Examiner under procedures outlined in
SVMC 10.35.170.
lU. Amendine Spokane Valley Interim 7,anin~ Code Section 14.702.1(10(31. An}• person
aggrieved by an administrative approval ur denis+I of a height variance by the Planning Director may file
an appeal pursuant to SVMC 10.35.170. Notice of public hearing shall be as provided for in Section
14.402.140. The decision of the Hearing Examiner shall be appealable to the superior court pursuant to
SVMC 10.35.1 10(A}(1).
I1. AroendinQ Spokane Valle~• interim Zonine Code Section 14.706.060(3). The
following process shall be used to determine whether or not critical materials are involved.
a. An initial screening will be performed by the Director of the Dcsignafed Department by
comparing the proposed use, and upon request by said Director, other pertinent information as provided
by the proponent at hislher expense with the Critical Materials Activity List. Thc Director shall exemisc
any discretion in judLment in fay ~r of .Aquifer pmtecti~~n.
~
~r~tinanic Oh-00.± .+lmrndine Certain tiecuuru Nurnbcrra is of the Intrrim Lupine Kegulations I'aLe + c.t 5
i. If the propoxd use is judged to br on the Critical Materials Activity Lisl, the Director
shall notify the applicant, in writing, that the proposed activity has been tentatively designated a Critical
IV4atrrials Usc Activity and shall require the applicant to provide the Department with a list of materials.
including quantities. to be used, handled, stored or transported as associated with the proposed activity.
Additional information shall also be provided by the proponent at his ar her expense if requested by tl+c
Director.
ii. After the review of the infornation supplied by the applicant, the Director mr+~~
confirm the designation as a Critical Materials Use Activity or nullify the tentative designation.
iii. The applicant may respond by accepting the designation as a Critical Materials Ux
Activity ar may appeal, in writing, within twenty (?0) calendar days, the designation to the hearing
Examiner, pursuant to the provisions ol'SVMC 10.35.170.
aa. The DUE, the DSHS, and the Spokane Regional Health District shall he
notified of all hearing proceedings, and legal advertising consistent with Section 1 1.402.1 GO(1) and
SVMC 10.3.1?U shall be accomplished.
bb. The Hearing Examiner shall have the authority to request additional
inti~rmati~m from either the appellant or the applicant, as appropriate, and at their expense.
cc. In appeal proceedings, substantial weight shall be given to the Director's
decision.
iv. If the proposed use is not an the List. the Director may designate the activity as n~~t
involving critical materials or may exercise (v) below.
v. If the Director has reason to believe that, even thought the proposed use is unlisted,
critical materials may be involved, the Diroctor shall act to designate the proposed use as a Critical
Materials Use Activity and proceed as in 3(axi) above. The Director may consult with such persons as
may be appropriate to assist in the determination. The Director may eventually designate the activity as a
Critical Materials Use Activity. The process would then proceed as in 3(a)~ii) abavc, and the applicant
may respond as in 3(axiii) above.
vi. lC the applicant does not have a specific proposal, the Director shall recommend that
the action be conditioned, ar shall so condition a licenselpcrmit, with the performance criteria of Section
14.706.080 for all future uses. If conditioned appros•al is granted, the nircctt~r shall review and approve
the project prior to cxcupancy .
12. Amending 5potcaee Valley Interim Zoning Code Section 14.806.080{2). The dccisiun
of the [h:partment regarding alternative landscaping shall be final unless an aggric~•ed pcrsr,n appeals that
decision t+~ the blearing F.xamincr under the previsions of tiVM(' 10.35.170.
The remainder of the Spokane VaEle~~ Interim Zoning Code is unaffected by this act[un.
Section 2. Seve bi it~•. If any section, subsection, sentence or clause of this chapter is for
any rcascm held to be im~alid, such decision shall not affect the validity of the remaining provisions ofthfti
chapter.
Section 3. Effective date. '1-his Ordinance shall be in full farce and efTcct live days after
puhlication of this Utdinance ~~r summar}~ thereof ~?ccurs in the: ot~icial nrwspApet of the City as
pr~,vided h~• luw.
i)rdi[t:+[tcr OG-003 Amending Certain Sections Numhered I •t of thz Interim Zoning Rzgulations I'agr -1 of 5
I'assc~3 h~ the Cih C<~uncil this '8'~' day of Frhruary, ?006.
~l.t~V'(1.L9.. W
1~lavor. Diana Wilhite
A'1"I'EST:
-.1
~ -
City Clerk, Christine Bainbridge
Apptrovcd As To Form:
,
-
(i(fic~
of the itv Atto e
l?atc ~~1~ Puhli~atian, ~ _
c?r.linancr Or,-tali: ;~mcn~lin~ Certain Sections Itiunrbcred la ut the Intrrim LQning Regulations I'ugc ~ of