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Ordinance 03-053 Adopts Interim Development Regulations of County Zoning Code • CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 53 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTERS 14.100 THROUGH 14.800 WITH APPENDICIES ENTITLED THE SPOKANE COUNTY ZONING CODE AS SUPPLEMENTED AND AMENDED BY THE PHASE I DEVELOPMENT REGULATIONS AND THIS ORDINANCE AS THE INTERIM DEVELOPMENT REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley is required to adopt Development Regulations (Zoning Code) within the corporate limits of the City; WHEREAS, Spokane County adopted a Zoning Code dated January 1, 1986, which included the land within the City of Spokane Valley; WHEREAS, under the Growth Management Act of the State of Washington, RCW Chap. 36.70A Spokane County adopted Phase 1 Development Regulations through Resolution 200470 dated May 7, 2002 that supplement and modify the Zoning Code; and WHEREAS; after the date of incorporation, the City of Spokane Valley intends to develop its own GMA compliant development regulations. NOW, THEREFORE; the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Zoning Code. Pursuant to RCW 35A.11.020 and 35A.14.140, the City adopts by reference Chapters 14.100 through 14.800 with appendices entitled the "Spokane County Zoning Code" dated January 1, 1986 and the Phase I Development Regulations adopted under Spokane County Resolution 2-0470, which are attached hereto as Exhibit "A" ("Zoning Code") and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Zoning Code of the City of Spokane Valley unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley and references to County Staff shall mean the City Manager or designee. Section 2. Addition. There is hereby added to the Zoning Code, a new section relating to administrative variances as follows: Page I P:IOrdinanocs\Ordinancc No.53,zoning code-final.doc 14.404.090 ADMINISTRATIVE VARIANCE A. Scope. Irrespective of Sections 14.404.000 through 14.404.102 and 14.506.020 in this chapter, the Director shall have the authority to grant an administrative variance for up to twenty- five (25) percent of the numerical zoning ordinance standards for setbacks, lot coverage, size of lot, and building height as provided in this chapter 14. This section shall grant the Director discretion beyond that allowed in Section 14.506.020. B. Application. The owner or agent may make application for an administrative variance, which shall be on a form prescribed by the Director. A fee as set by the City Council shall be collected at the time of application. C. Conditions for granting an administrative variance. The Director may grant an administrative variance if it is shown that: 1. The administrative variance does not detract from the desired character and nature of the vicinity in which it is proposed; 2. The administrative variance enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; 3. The administrative variance does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; and 4. Granting the administrative variance does not constitute a threat to the public health, safety and welfare within the city. 5. in addition to the above conditions a variance may be issued when the following specific conditions exist: a. A parcel prior to the adoption of this zoning ordinance did not meet the buildable square footage requirements for a parcel in a particular zoning district; b. A dwelling has been rendered legal non-conforming due to setback, height and size and thus cannot be expanded or otherwise reconstructed in a particular zoning district; or c. Where duplexes are permitted, but due to dwelling(s) having been built prior to the adoption of this zoning ordinance, the minimum size parcel cannot be met, an administrative variance may allow the existing building or buildings to be reconstructed as a duplex. D. Appeals. Appeals of the of the Director's decision shall be submitted within fourteen (14) calendar days of the date of the director's decision and shall be made as an open record appeal to the City Hearing Examiner. Section 3. Amendment. The Zoning Code, Section 14.508.040 relating to nonconforming uses is hereby amended as follows: Page 2 P:1OrdinanccslOrd'name No.53,zoning codc-final.doc 14.508.040 Nonconforming Uses - , _ _ • _ eri-ef a us-, -:- ' - : ', :, • - ' -. • ee--flames-or ; _ . . - -. -- _ . . • . . _ • - _ . . :j . r • ._ •a pan-•; • • • • . • . •. . . - . • . the-Ices: _ . •.. - - . _-. _ . , . - .. - • - • . . . .. . : - _ . . _. . '• -- • .. .. • _ •• - • • •_ :fie-Speeifief}lly •• • • ♦ ♦ ♦ ♦ ♦ ♦ ♦ .♦ • . . •g . • . . . . ; . • -' __ ..•• :.21. A f' tse-whi. - --- -. • . _ . •. . . -- - - •et and-wh4E44-44--abai3E1e ed-s- . . . . - . _ • . - . . - - - =enfOrnis•to the regulatie s-e the- - • - . • - _ - • • • . - •'4811-f-e gains uneee ied-er-anuses . . . .. . .. - • , -• -- -'died-eely by the same use. The to - - . • . : . - - . . . . - -_ - _ .. . .. . Any adult retail use establishment located within the unincorporated areas of Spokane County on September 7, 1999, which is made a nonconforming use by amendments to this code pursuant to Resolution Number 99 0762 shall be terminated within five (5) years. Provided, however, that such termination date may be extended upon the approvals of a written application filed with the Director of Building and Planning no later than September 7, 2003. The administrative decision on whether or not to approve any extension period and the length of such extension period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to April 27, 1999, which precludes reasonable alternative uses or the subject property. The administrative decision of the Director of Building and Planning shall be appealable as provided in Section 14.412.041. The Hearing Body for the purpose of this appeal shall be the Spokane County Hearing Examiner. The expansion or extension of a use, which was lawfully established and in existence. and which becomes nonconforming as a result of the adoption of the Spokane Valley Interim Zoning Code on March 31, 2003, shall be considered a legal use and allowed to expand, remodel or rebuild as if the use was a permitted use in that zoning district. The expansion shall be limited to the parcel in existence and platted (or otherwise divided) as of March 31, 2003 for a use (or expansion) that has received approval through the issuance of a building permit or land use a.'royal. Ihe nonconformin_ use identified in this section shall not be ex sanded onto ad'acent .arcels or properties. Any expansion allowed under this section shall meet the applicable development standards for the zoning district that the use is located including• but limited to setbacks, height, landscape, and off-street parking. This provision does not allow for new nonconforming uses to be established contrary to the provisions of this Code. Exception: this provision does not include the keeping of inherently dangerous mammals and/or inherently dangerous reptiles. Any expansion or extension of these uses shall not be permitted. Page 3 PaOrdinanocs1Ordinance No,53,Toning code-final.doc A nonconforming, use that has been abandoned or discontinued for a period of more that. one (1) year shall thereafter be replaced by a use that conforms to the regulations of the zone in which the. use is located. The term nonconforming use refers to only a single existing use and does not include all uses to which the property could have been put under a prior zoning • ordinance or zoning classification. To ensure public safety, a nonconforming determination for the keeping of inherently dangerous mammals or inherently dangerous reptiles shall only be made by the Director of Planning and/or his/her appointee. The nonconforming determination shall be made within six (60) days of the adoption of this amendment (Resolution No. 99-1061). The approval of nonconforming rights shall be based on finding (1) That the animal keeping facility was in existence prior to the adoption of this amendment; (2) the facility was and is licensed by the Spokane County Animal Control Authority according to Spokane County Code Chapter 5.12; (3) That the determination of nonconforming rights shall apply on to the licensed keeper, the mammals and/or reptiles being kept, and the location of the facility; (4) Licensed facility is outside of a radius of 400 feet from a school, daycare center, church and public park as defined in this Code. (Res. No. 99-1061, dated November 30, 1999). The nonconforming determination shall expire upon one of the following occurrences: (1) Removal of or death of such animal(s) and/or re tiles ; (2) The licensed keeper no longer resides at the location of the licensed facility; or (3) Failure to maintain annual license with the Spokane County Animal Control Authority. (Res.No. 99-1061, dated November 30, 1999) Any adult retail use establishment located within the unincorporated areas of Spokane County on September 7, 1999, which is made a nonconforming use by amendments to this code pursuant to Resolution Number 99 0762 shall be terminated within five (5) years. Pro Section 4. Amendment. The Zoning Code, Section 14.508.060 is hereby amended as follows: 14.508.060 Nonconforming Buildings and Structures Restoration of a nonconforming building or structure which is damaged by fire, flood, or act of nature shall be initiated, as evidenced by the issuance of a valid building permit within one (1) year of the date of such damage or destruction, and diligently pursued to completion. The Director of Community Development may extend this time period of an additional one (1) year if the applicant can demonstrate that due to circumstances beyond his/her control meeting the initial one (1) year time frame was not possible. Upkeep, repair, and maintenance of nonconforming buildings is permitted. A building or structure eonfeffeiag-wiTh-Fespect to use, but not conforming with respect to a legal nonconforming use, height, yard requirements, coverage or density, may be restored in the event of damage, or altered or extended provided that the alteration or extension does not result in further violation of this Code. Section 5. Amendment. The Zoning Code, Section 14.629.020 relating to the Industrial Zone Matrix is amended by adding the following uses as shown on the attached Exhibit"A". Page 4 P:IOrdinanceslOrdinance No.53.zoning code-tinal.doc The added uses are: Brewery, winery and/or distillery including tasting rooms and related retail sales Church Colle•es including Community Colleges Entertainment/Recreation facilities (bingo hall, dance hall, skating rink, etc.) Food product manufacturing/storage and sales (NEC) Garment manufacturing and related sales Nursery/greenhouse/wholesale/related retail Self-service storage facility Wholesaling Section 6. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation or Resolution referenced in the attached Development Regulation is necessary or convenient to establish the validity, enforceability or interpretation of the Development Regulations, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 7. Reference to Hearing Bodies. When the attached Development Regulations refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 8. Development Regulation. The City Clerk is to maintain one copy on file of the Development Regulations adopted by this ordinance. Section 9. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 10. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Page 5 P:\OrdinanceslOrdinance No.53,zoning codc-final.doc Section 11. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this o1S ay of March, 2003. Mayor, Michael DeVlemit ATTEST: Interim City Clerk, Ruth Muller Approved as to Form: i I � City t cir y, Stahl M. Schwartz Date of Publication: frl.vz.c., Z 7 2663 Effective Date: 4j-.0 d 3 Page 6 P;\Ordinanccs1Ordinance No.53,zoning code-finaLdoc 1/ Chapter 14.629 INDUSTRIAL ZONES MATRIX 114.629.020 Use I 1-1 I 1=2 I i^3 I Acetylene gas manufacturing N N P Acid manufacturing N N P Adult Entertainment Establishment N N N Adult Retail Use Establishment N N N Aircraft manfacturing N N P Alcohol manufacturing including gasohol N N P . Ambulance Service P P P Ammonia/chlorine manufacturing N N P Animal clinic/veterinary,large animals N N N Animal Clinic/veterinary,small animals P N N Animal Processing Facility N• N P Animal Shelter N P P Animal Wildlife Rehabiliation or Scientific Research Facility P(1) P(1) P(1) Asbestos manufacturing N N P Asphalt plant I manufacturing N N P Assembly-heavy N N P Assembly- light P P P Auction yard(excluding livestock) N P P Automobile/taxi rental P P P Auto Wrecking/recycling,junk and salvage yards N C.U. P(I) Automobile and recreational vehicle repair and maintenance N P P Automobile assembly plant N N P Automobile impound yard N P P Automobile painting establishment N P P Automobile repair,body and fender works N P P Bank,savings/loan and other financial institutions P P Barber/Beauty Shop P P N Battery rebuilding/manufacturing N P P Billboard N N N Biotechnology laboratory/manufacturing P P P Blast furnace/coke oven N N P Bleach,bleaching powder and dye manufacturing N N P Boat building,repair,and maintenance N P P Bottling plant P P P Bread and Bakery Products manufacturing,including retail bakery P P P Arcwiry wmeri,i, nd$'ur distillery meludine tisti roomalid related retail stiles P P P Brick,tile,and terra cotta manufacturing N N P Broom manufacturing N P P Building supply and hardware distribution and sales N P P Candy and confection making including sales. P P P Carbon manufacturing N N P Caretaker's residence N P-Acc(l) P-Acc(1) Carpenter shop,(excluding planing mills,sawmills,etc.) P P P Carpet and rug cleaning plants N P P Carpet, canvas, and cordage manufacturing including curtains anti draperies. N P P Catalog and mail order houses including showroom N P P Cellulose material manufacturing N N P Cement,gypsum,lime,plaster ofparis and terra cotta manufacturing N N P Ceramic manufacturing N P P Chain and cable manufacturing N P P Charcoal manufacturing and pulverizing N N P Chemical Manufacturing N N P Child day-care center P P P Church .l\ C.U. N Circus P P P Clothes cleaning and dyeing N P P Cold storage N P P Colleges,including Communnity Colleges N P N Commercial composting storage/processing N N C.U. Commercial laundry, linen supply,and dry cleaning N P P Commercial printing, reprographics, bookbinding, and graphics services P p P Communication service systems and sales including facilities NEC P P P Communications Equipment Manufacturing(N.E.C.) N P P Community transit center P P P Computer manufacturing assembly and wholesaling N P P Computer programs or systems development P P P Computer software systems analysis,design and assembly N P P Concrete product manufacturing / ready-mix concrete (excluding extraction I mining) N P P Construction materials manufacturing(N.E.C.) N P P Contractor's office andyard N P P Cosmetic manufacturing and distribution including perfumes and toiletries N P P Creamery and dairy product manufacturing N P P Creosote manufacturing/treatment N N P Die casting N N P Disinfectant and insecticide manufacturing N N P Distribution center for home delivery P P P Drop hammer or forge N N P Drug Store P N Dry kiln N N P Electrical componentt manufacturing/assembly P P P Electrical machinery,equipment and supplies manufacturing(N.E.C.) N P P Electronics systems development/operations, including testing and it or light assembly of electronics, communication and / or computer components,subsystems and systems P P P Electroplating of metal N N P .. ,.. Emergency Clinic P p P Emery cloth and sandpaper manufacturing N P P Enameling manufacturing N N P Enteitaimitat1-reoreatibm-facilities;(bingo....,liall'iditifee hall.7.§kating Equipment sales,repair,and maintenance N P P Exercise facility/gyp'athletic club P P P Explosive manufacturing N N P Explosive storage N P P Fabric and textile mills including knitting N P P Family day-care provider P P P Feed/cereal mill N P P Feed and fuel yard N P P Feed lot N N P Fertilizer manufacturing and manure processing N N P Fire station P P P Firewood sales/lot/processing N P P Florist shop P P N Flour mill N P P Food product /.storae,e.and related sales(NEC) N P 13 Freight forwarding including terminal N P P Furniture manufacturing and sales N P P Galvanizing/dip plating N N P GariietitZflialillftfetti-inganthie I ated sales ifterkK449.4:leatitereeads and P P Gas illuminating or heating manufacturing/storage N N P Gelatin manufacturing N N P Glass and glass product manufacturing N P P Glue manufacturing N N P Golf driving range/training center P P P Governmental offices and other administrative/maintenance facilities P P P Graphite manufacturing N N P Hazardous waste treatment and storage facilities,on-site P-Acc(l) P-Acc(l) P-Acc(I) Hazardous waste treatment and storage facilties,off-site N N P(I) Hotels and motels P P N Household appliances manufacturing(N.E.C.) N P P Ice plant N P P Incinerator N P(1) P(I) Inflammable liquid/gas storage N N P Ink manufacturing N N P Jewelry,clock and musical instrument a.ssembly,sales and service P P P Jobber distribution plant P P P \._ Kennel N P(l) P(1) Laboratories including research testing, medical and dental laboratories P P P Landfill N N C.U. Lighting Equipment manufacturing(N.E.C.) N P P Linoleum&oil cloth manufacturing/reduction N N P Livestock auction yard N N P Log pole storage N N P Lubrication grease manufacturing or oil compounding N N P L.umbermill,sawmill,shingle mill, plywood mill N N P Lumberyard N P P Machine/machinery manufacturing N P P Machine shop, large N N P Machine shop,small N P P Manufactured and mobile home fabrication/sales lot N P P Match manufacturing N N P Meat and fish canning,curing and smoking(excluding slaughtering) N P P Meat packaging(excluding slaughtering) N P P • Medical and laboratory instrument and apparatus manufacturing N P P Medical services including minor emergency clinic P P P Medical,dental,and hospital equipment supply and sales P P P Metal fabrication N P P Metal manufacturing,reduction,reclamation and refining N N P Metal reduction furnace N N P Mining N N P Motor vehicle parts sales and service including tires N P P Motorcycle /ATV manufacturing,repair and maintenance N P P Nitrating process N N P Nursery/greenhouse?wholesaler'related retail sales P P P Office,business P P P Office,professional P p P Office supply and computer sales P P P Oxygen manufacturing N N P Paint, lacquer,thinner,turpentine,and varnish manufacturing N N P Paper/pulp mills N N P Paper product manufacturing(N.E.C.) N P P Park-and-ride facility P P P Park, public P P P Petroleum manufacturing or refining N N P Pharmaceutical manufacturing P P P Pipe manufacturing from clay or metals N N P Planing mill N N P Plaster/wallboard manufacturing N N P Plastic injection molding, including tool and dye making N P P Plastic manufacturing N N P Plywood and veneer lamination(including structural wood products) N P P Post office P P P Potash works or manufacturing N N P Power plant(excluding public utility faciltics) N N P Prefabrication construction including sales P P P Print,blueprinting,photostating,xerographic shop P P p Private repeater facility P P P Professional schools including vocational and trade schools P P P Pubic pay parking garage/lot P P N Public utilitygas works N N P Public utility local distribution facility P P P Public utility transmission facility P(l) P(l) P(l) Punch press N N P Pyroxylin manufacturing N N P Railroad yard,repair shop and roundhouse N N P Recreational area,commercial N C.U. C.U. Recycle collections center P P P Recycling plant N P P Rendering plant N N P Repair shop for industrial power equipment N P P Research facility P P P Restaurant P P P Restaurant,drive-in P P P Retail sales,directly related to and accessory to allowed under the 1-I, 1-2,and 1-3 zones P-Acc(1) P-Acc(1) P-Acc(1) Rock crusher N N P Rolling mill N N P Rooting materials manufacturing N N P Rope manufacturing N P P Rubber reclamation,manufacturing/fabrication N N P Sandblasting/cutting N P-Acc(1) P Sauerkraut,pickle and similar manufacturing N P P Self-service storage facility N P P Service Station,automobile P p P Sewage sludge land application N N N Sign manufacturing/repair P P P Silane,polysilicon manufacturing N P p Single-family dwelling,expansion or accessory structure P P P Smelter and ore reduction N N P Soap and cleaning compound manufacturing N N Solid waste hauler N C.U. P(l) Solid waste recycling/transfer site N P(1) P(1) Solid waste recycling/transfer site,private N P(1) P(1) Secure Community Transition Facility(3 or fewer residents) C.U. C.U. C.U. • i Specialized training/ learning schools or studios (dance, gymnastics, martial arts,etc) P P P Specialty agricultural production (including retail nursery, greenhouse,and food crops grown under cover) P P P Starch product manufacturing N N P Stockyard N N P Stoneware,earthenware manufacturing N P P Storage, general- indoors P P P Storage,general-outdoors P(I) P(I) P Sugar refinery N N P Tallow manufacturing N N P Tank storage of critical material(above and below ground) P-Acc(1) P-Acc(l) P(I) Tanning,curing of hides and skins N N P Tire Salvage Yard N C.U. C.U. Tire, recap and retread manufacturing N N P Tobacco products manufacturing N N P Tower P(1) P(l) P(I) Trade/Technical school P N N Transportation services and sales including equipment storage N P P Truck equipment sales, repair and maintenance N P P Truck,automobile,and equipment rental facility N P P Truck Stop P P P Upholstery,covering P P P Utility services and systems(NEC) P P P Vegetable oil manufacturing(no fat rendering) N P P Veterinary supplies and services, including vet clinic P P P Video Board N N N Warehousing P P P Welding,sheet metal shops N P P Wholesaling P P P Wireless Communication Antenna Array P-Acc(I) P-Acc(1) P-Acc(l) Wireless Communication Support Tower P(1) P(1) P(1) Woodworking,cabinet shop P P P Yeast manufacturing/plant N N P NO 99 1061 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER CONSIDERING FINDINGS OF FACT ) DECISION AND RECOMMENDATION CONCERNING ) RESOLUTION AN AMENDMENT TO THE ZONING CODE OF ) ADOPTING SPOKANE COUNTY REGARDING INHERENTLY ) ZONING CHANGES DANGEROUS MAMMALS/REPTILES ) WHEREAS,pursuant to the provisions of RCW 36.32.120(6),the Board of County Commis- sioners of Spokane County has the care of County property and the management of County funds and business;and WHEREAS, pursuant to the provisions of RCW 36.70.640, the Board of County Commissioners requested that the Spokane County Planning Commission consider amending the Spokane County Zoning Ordinance to address the keeping of inherently dangerous mammals/reptiles within the unincoprorated areas of Spokane County,and WHEREAS, pursuant to the above-cited legal provisions, the Spokane County Planning Commission held appropriate public hearing(s)and submitted to the Board of County Commissioners a recommendation concerning the housing of inherently dangerous mammals/reptiles within the unincorporated areas of Spokane County, a copy of such recommendation being attached hereto as Attachment"A,"and incorporated herein by reference;and WHEREAS, pursuant to RCW 36.70.620, after considering the recommendation of the Spokane County Planning Commission on the housing of inherently dangerous mammals/reptiles within the unincorporated areas of Spokane County, the Board shall set a date for a public meeting where it may,by ordinance,adopt or reject the official control or amendment;and WHEREAS, after considering the recommendation of the Spokane County Planning Commission at its November 30, 1999 regular meeting, the Board desires to adopt said recommendation. PROVIDED, however, the Board did determine that no fee would be charged for those individuals who, under the adopted amendment, would be required to obtain a non-conforming use permit for inherently dangerous mammals/reptiles under their possession or control, but they would have to apply for said nonconforming status. NOW, THEREFORE, BE 1T HEREBY RESOLVED by the Board of County Commissioners of Spokane County,that the Board does hereby adopt that amendment to the Spokane County Zoning Code concerning inherently dangerous mammals/reptiles more particularly attached hereto as Attachment "A," attached hereto and incorporated herein by reference. PROVIDED, however, no fee will be charged for those individuals who, under the adopted amendment, would be required to obtain a non-conformting use permit for inherently dangerous mammals/reptiles under their possession or control, but they would have to apply for said nonconforming status. A copy of those Page 1 99 1061 individuals not required to pay the fee for establishment of a nonconforming use is attached hereto as Attachment`B,"attached hereto and incorporated herein by reference. PASSED AND - ! this 30th day of November, 1999. c$ c ,`0 oetQes:N'' eo�.''gx"'� BOARD OF COUNTY COMMISSIONERS ry, yi; ORiSP• • , • I T , W:. SHINGTON 0 4 ta or /14 ` � ''•.sue ..- M. TE ASLIN, Chair ATTEST: `�•�� - �'� VICKY M. DALTON 1 .\1 CLERK OF THE BOARD =IC l.. �.iG. . . ._ J olFKROSKELLEY, Vice-Chair B a,;(11,,s(?) ,/ Danicla Erickson,Deputy PHILLIP D. HARRIS(reiny ) • • Page 2 99 1061 ATTACHMENT"A" PROPOSED AMENDMENT TO THE SPOKANE COUNTY ZONING CODE Amend Chanter 14.300 DEFINITIONS as follows: Amend Section 14.300.I UO Defuutions as follows: Animal, Large: Animals, including,but not limited to,horses, donkeys,burros, llamas, bovines, goats, sheep, swine,bison,camels and other animals or livestock of similar size and type?, except inherently dangerous mammals and inherently dangerous reptiles. Young of horses,mules, donkeys, burros, llamas,alpaca,bison,and camels under one(1)year in age, bovines,under ten (10) months in age,and sheep, goats and swine under three(3) months in age shall not be included when computing intensity of large animals. Animal, Small: Animals or fowl other than a household pet,large animal,inherently dangerous mammals or inherently dangerous reptiles, but not limited to, chickens,guinea hens,geese, ducks, turkeys, pigeons not otherwise definecLemu, ostriches(struthious), kangaroos,rabbits,mink, chinchilla, nutria, gnawing animals in general and other animals or fowl of similar size and type. Young small animals or fowl under three (3)months of age shall not be included when computing intensity of small animals or fowl. Young or miniature large animals are not included in this . definition and are considered large animals. Animal, Wildlife Rehabilitation or Scientific Research Facility: A building, structure, pen or portion(s)thereof or an area of land where animals are housed,kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of investigation,aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Circus: A commercial variety show of a temporary nature which includes animal acts for public entertainment. • Household Pet: Any animal or bird,other than inherently dangerous mammals/reptiles,livestock, large or small animals and animals or birds considered to be predatory or wild, which normally lives in or is kept in a residence. Inherently Dangerous Mammal: Inherently dangerous mammal means any live member of the canidae, felidac,or ursidac families,including hybrids thereof,which,due to their nature, may be considered dangerous to humans,and which includes: I. Canidae,including any member of the dog(canid)family not customarily domesticated by man,or any hybrids thereof,but not including domestic dogs(Canis lupus familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog. 2. Felidae,including any member of the cat family not customarily domesticated by man, or any hybrids thereof,but not including domestic cats(Fells catus). 3. Ursidae, including any member of the bear family, or any hybrids thereof. Inherently Dangerous Reptile: Inherently dangerous reptile means any live member of the class reptilia which: 1. is venomous, including,but not necessarily limited to all members of the following families: Helodermidae;Viperidae; Crotalidae;Altractaspidae;Hydrophilidae; and Elapidae;or Inherently Dangerous Animal Amendment 10/25199 Page 1 of 8 • 2. is a"rear fanged" snake of the family Colubridae that are known to be dangerous to humans,including but not necessarily limited to,all members of the following families: Dispholidus typos;Thebtornis kirtlandii;and Rhabdophis spp.; or 3. is a member of the order Crocodilia(crocodiles,alligators and caiman). Inherently Dangerous Mammal/Reptile,Keeper: Any person who is licensed by the Spokane County Animal Control Authority to harbor and/or own one(1)or more inherently dangerous mammals/reptiles. Zoological Park: Any facility other than a pet shop, circus, or kennel displaying, exhibiting or keeping (one or more)species of animals. Domestic pet shows or farm displays of domestic animals are excluded from this definition. Amend Chapter 14.605 RESIDENTIAL ZONES MATRIX as follows: Amend Section 14.605.060 Use-Agricultural_ Silvicultural. and Agriculture-Related, as follows: RR-10 SRR-5 SRR-2 SR-1 SR-1t2 UR-3.5 UR-7 UR-12 UR-22 P(1) CU N N N N N N N Inherently Dan erous Mammal and or Inherentlgerous Repptile. Keeping RR-10 SRR-5 SRR-2 SR-1 SR-I/2 UR-3.5 IJR 7 UR-12 UR-22 P(1) P(1) N N N N N N N Zoological Park RR`10 SRR-5 SRR-2 SR-1 SR-1/2 UR-3.5 UR-7 UR-12 UR-22 P(1) PO) N N N N N N N Animal,Wildlife Rehabilitation or Scientific Research Facility RR-10 SRR-5 SRR-2 SR-1 SR-1/2 UR-3.5 UR-7 UR-12 UR-22 N N N N N N N N N Circus inherently Dangerous Animal Amendment 10/25/99 Page 2 of 8 Amend Chapter 14 606 RURAL RESIDENTIAL-10 ZO as follows: Amend Section 14.606.210(C)to include the following.: 7. Inherently dangerous mammal and or inherently dangerous reptile keeping provided that: a. The minimum lot area is 5 acres b. No more than four(4)inherently dangerous mammals and or inherently dangerous reptiles shall be allowed. c. The inherently dangerous mammal and or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. d. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school, daycare center, church,and public park as defined in this Code. • 8. Zoological Park provided that: a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state, and federal governmental agencies as determined by those agencies. 9. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state, and federal governmental agencies as determined by those agencies. Amend Chapter 14.608 SEMI-RURAL RESIDENTIAL-5 ZONE as follows: Amend Section 14.608.210(C)to include the following 6. Zoological Park provided that: a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state,and federal governmental agencies as determined by those agencies. 7. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state, and federal governmental agencies as determined by those agencies. Amend Section 14.608.240 Conditional Uses to include the following 14. Inherently dangerous mammal and/or inherently dangerous reptile keeping provided that: a. The minimum lot area is five(5)acres. b. The inherently dangerous mammal and/or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. c. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640) feet from any existing school,daycare center, church, and public park as defined in this Code. Inherently Dangerous Animal Amendment 1025/99 Page 3 of 8 Amend ha ter 14.623 I3USINES Z NES MATRIX as follows: Amend Section 14.623.020 Use. as follows: BB1 B-2 B-3 Zoological Park N P(1) P(1) B-i B-2 B-3 Animal, Wildlife Rehabilitation N P(I) P(1) or Scientific Research Facility B-1 B-2 B-3 Circus P(3) P P 14.623.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.624 (B-1), 14.626 (B-2)and 14.628 (B-3)for specific standards for locating and approving these uses. P(2) See Section 14.804.180 for location and setback requirements. P(3) Not displaying Inherently Dangerous Mammal/Reptile as defined in this Code P-ACC. Permitted accessory use C.U. Conditional use N.E.C. Not elsewhere classified N Not permitted use (I) Specific standards exist for approving and locating these uses Amend Chapter 14.626 COMMUNITY BUSINESS (B-2)ZONE as follows: Amend Section 14.626.210 to include the following_ 7. Zoological Park provided that: a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state, and federal governmental agencies as determined by those agencies. 8. Animal Wildlife Rehabilitation or Scientific Research Facility a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state,and federal governmental agencies as determined by those agencies. Inherently Dangerous Animal Amendment 1025/99 Page 4 of 8 Amend Chapter 14.628 REGIONAL BUSINESS 03-3)ZONE as follows: Amend Section 14.628.210 to include the following.; 10. Zoological Park provided that: a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state,and federal governmental agencies as determined by those agencies. 11. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility•shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state,and federal governmental agencies as determined by those agencies. Amend Chanter 14.637 JXGLUSIVE AGRICULTURE. GENERAL AGRICULTURE,RURAT; SETTLEMENT AND FORESTRY ZONES MATRIX as follows: Amend Section 14.637.020 Usc. as follows: EA GA RS FZ Inherently Dangerous Mammal and or Inherently Dangerous Reptile P(1) P(1) N P(1) Keeping EA GA RS FZ Animal, Wildlife Rehabilitation P(1) P(1) N CU or Scientific Research Facility Amend Section 14.637.040 Use, as follows: • EA GA RS FZ Zoological Park N P(1) N N EA GA RS FZ Circus N N N N Inherently Dangerous Animal Amendment 10/2999 Page 5 of 8 Amend Chapter 14.638 EXCLUSIVE AGRICULTURAL (EA)ZONE as follows: Amend Section 14.638.210 to include the following: 13. Inherently dangerous mammal and or inherently dangerous reptile keeping provided that: a. The minimum lot area is 5 acres b.No more than four(4)inherently dangerous mammals and or inherently dangerous reptiles shall be allowed. c.The inherently dangerous mammal and or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. d. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school, daycare center, church, and public park as defined in this Code. Amend Section 14.644.240 Conditional Use to include the followin:: 6. Animal Wildlife Rehabilitation or Scientific Research Facility a. The minimum lot area is 5 acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 14. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance-with any applicable requirements of the appropriate county,state, and federal governmental agencies as determined by those agencies. Amend Chapter 14.640 GENERAL AGRICULTURE E as follows: Amend Section 14.640.210 to include the following: 19. Inherently dangerous mammal and or inherently dangerous reptile keeping provided that: a. The minimum lot area is 5 acres b. No more than four(4)inherently dangerous mammals and or inherently dangerous reptiles shall be allowed_ c. The inherently dangerous mammal and or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. d. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school, daycare center,church, and public park as defined in this Code. 20. Zoological Park provided that: a. The minimum lot area is S acres b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state, and federal governmental agencies as determined by those agencies. Inherently Dangerous Animal Amendment 10/25/99 Page 6 of 8 21. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county, state, and federal governmental agencies as determined by those agencies: Amend Chapter 14.644 FORESTRY (FZ'ZONE as follows: Amend Section 14.644.210 to include the following_ 13. Inherently dangerous mammal and or inherently dangerous reptile keeping provided that: a. The minimum lot area is 5 acres b. No more than four(4) inherently dangerous mammals and or inherently dangerous reptiles shall be allowed. e. The inherently dangerous mammal and or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. d. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school, daycare center,church, and public park as defined in this Code. e. The animal keeping facility shall be for the rehabilitation and care of animals requiring a forest environment. Amend Chapter 14.62 INDUSTRIAL ZONES MATRIX as follows: Amend Section 14 629 020 Use as follows: I=1 I_2 I=3 Animal, Wildlife Rehabilitation P(I) P(1) P(1) or Scientific Research Facility I-1 I-2 I-3 Circus Amend Chanter 14.630 INDUSTRIAL PARK )ZONE_as follows: Amend Section 14.630.210 Permitted uses, as follows: 4. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state, and federal governmental agencies as determined by those agencies. Inherently Dangerous Animal Amendment 10/25/99 Page 7 of 8 Amend Chapter 14.632 LIGHT INDUSTRIAL (I 2)ZONE, as follows: Amend Section 14.632.210 Permitted Uses,as follows: 8. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. Amend Chapter 14.634 HEAVY INDUSTRIAL(I-3)ZONE. as follows: Amend section 14.634.210 Permitted Uses. as follows: 13. Animal, Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state, and federal governmental agencies as determined by those agencies. Amend Chapter 14.508 NONCONFORMING PROVISIONS, asfoilows: Amend Section 14,508.040 Nonconforming Uses, as follows: The expansion or extension of a use, which was lawfully established, and in existence and which became or becomes nonconforming by amendment to Spokane County Zoning Code is discouraged. Requests for expansion or extension of a nonconforming use, other than the keeping of inherently dangerous mammals and or inherently dangerous reptiles,shall only be by approval of a Conditional Use Permit pursuant to Chapter 14.404 and more specifically Sections 14.404.100, 14.404.101 and 14.404.102. No expansion or extension of the nonconforming keeping of dangerous mammal or dangerous reptile is permitted. A nonconforming use which remains unoccupied or unused for a continuous period of on(1)year,and which is abandoned shall not thereafter be occupied or used except by a use which conforms to the regulations of the zone in which the use is located. A nonconforming use which remains unoccupied or unused for a continuous period of less than one (I) year may be reoccupied only by the same use. The term nonconforming use refers only to a single existing use and does not include all uses to which the property could have been put under a prior zoning ordinance or zoning classification. To ensure public safety, a nonconforming use determination for the keeping of inherently dangerous mammals and/or inherently dangerous reptiles shall only be made by the Director of Building and Planning or his/her appointee. The nonconforming determination shall be made within 60 days of the adoption of this amendment(Resolution# ).-The approval of nonconforming rights shall be based on finding (1)That the animal keeping facility was in existence prior to the adoption of this amendment; (2) the facility was and is licensed by the Spokane County Animal Control Authority according to Spokane County Code Chapter 5.12; (3)That the determination of nonconforming rights shall apply only to the licensed keeper, the mammals and/or reptiles being kept, and the location of the facility;4)Licensed'facility is outside of a radius of 400 feet from a school, daycare center,church,and public park as defined in this Code. The nonconforming determination shall expire upon one of the following occurrences: (1)Removal or death of such animal(s); (2)The licensed keeper no longer resides at the location of the licensed facility; or (3)Failure to maintain annual license with the Spokane County Animal Control Authority. Inherently Dangerous Animal Amendment 10/25/99 Page 8 of 8 . Attachment"B" (1) Kevin Cardwell 4821 S. Spencer Lane Spokane, Washington 99208 1 Lynx 1 Bobcat 1Panthere (2) J. Chris Tessier 11315 E. 11th Avenue Spokane, Washington 99206 1 Bobcat Page 3 t. ZONING CODE of SPOKANE COUNTY, WASHINGTON SPOKANE COUNTY PUBLIC WORKS DEPARTMENT BUILDING & PLANNING DIVISION 1026 W. BROADWAY SPOKANE, WASHINGTON 99260 DATE OF ADOPTION: OCTOBER 22, 1985 EFFECTIVE DATE JANUARY 1, 1986 RESPONSIBLE OFFICIALS' BOARD OF SPOKANE COUNTY COMMISSIONERS Noormbci.1998 Printing Graphres by Chuck Dallrngrr Front Coz'r Illustrutrnn by Franrrnr Sham and Connor Grum TABLE OF CONTENTS Chapter Page PREFACE 14.100 INTRODUCTORY PROVISIONS . ........... 1 14.300 DEFINITIONS ». 3 14.400 GENERAL PROCEDURES 14.402 AMENDMENTS .........» 27 14.404 VARLkNCE AND CONDITIONAL USE PERMITS 33 14.406 ENFORCEMENT ». 37 14.408 BUILDING PERMIT REVIEW ....._. 41 14.410 CERTIFICATE OF OCCUPANCY 43 14.412 APPEALS ..»... 45 14.414 VACATED RIGHTS-OF-WAY ......»............................ 47 14.416 NUMBER OF USES PER LOT .. ........ 49 14.500 ADMINISTRATIVE PROCEDURES 14.502 INTENT OF ADMINISTRATIVE PROCEDURES 51 14304 ADMINISTRATIVE DETERMINATION ... ... 53 14.506 ADMINISTRATIVE EXCEPTION ....».. .... 55 14.508 NONCONFORMING PROVISIONS .».... ... 57 14.510 TEMPORARY USES ». ..... 59 14.512 APPLICATION PROCEDURES ».. ...».» 61 14.514 NOTIFICATION ... 63 14.600 ZONE CLASSIFICATIONS 14.604 LIST OF ZONE CLASSIFICATIONS ........_. ... 65 14.605 RESIDENTIAL ZONES MATRIX .....»...» 67 14.606 RURAL RESIDENTIAL-10(RR-10) .....»... 73 14.608 SEMI-RURAL RESIDENTIAL-5(SRR-5) » ».»....» 87 14.610 SEMI-RURAL RESIDENTIAL-2(SRR-2) »... 99 14.612 SUBURBAN RESIDENTIAL-1 (SR-I) ....».........».......»...................» 111 14.614 SUBURBAN RESIDENTIAL-1/2(SR-1/2) ......»........ 121 14.616 URBAN RESIDENTIAL-3.5(UR-3.5) .. 131 14.618 URBAN RESIDEN IAL-7(UR-7) ... ....» ... 139 14.620 URBAN RESIDENTIAL-12(UR-12) ....... 147 14.622 URBAN RESIDENTIAL-22(UR-22) »....»....»».. 155 14.623 BUSINESS ZONES MATRIX .... _............»..... 163 14.624 NEIGHBORHOOD BUSINESS(B-1) .._.. 167 14.626 COMMUNITY BUSINESS(B-2) 175 14.628 REGIONAL BUSINESS(B-3) ..•..» --• .-•»- 183 14.629 INDUSTRIAL ZONES MATRIX . ........ ......» 191 14.630 INDUSTRIAL PARK(I-1) 197 14.632 LIGHT INDUSTRIAL(1-2) 203 14.634 HEAVY INDUSTRIAL(I-3) ..» ....... 211 14.636 MINING(MZ) ................» ... 219 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL AND RURAL SETTLEMENT ZONES MATRIX 227 Table of Contents-a Zoning Code Printed: November 1998 for Spokane County Chapter Page . 4111 14.638 EXCLUSIVE AGRICULTURAL(EA) .............._........ 231 14.640 GENERAL AGRICULTURAL(GA) ..... ._. 245 14.642 RURAL SETTLEMENT(RS) ... 259 14.643 FORESTRY ZONE(FL) ............... 271 14.700 OVERLAY ZONE CLASSIFICATIONS 14.702 AIRPORT OVERLAY(AO)ZONE 281 14.704 PLANNED UNIT DEVELOPMENT OVERLAY(P.U.D.)ZONE 287 14.706 AQUIFER SENSITIVE AREA OVERLAY(ASA)ZONE 295 14.708 NEIGHBORHOOD/COMMUNITY(N/C)OVERLAY—West Terrace 317 14.710 AR1 EetIAL/ROAD OVERLAY 321 14.800 DEVELOPMENT STANDARDS 14.802 OFF-STREET PARKING AND LOADING STANDARDS 331 14.804 SIGN AGE STANDARDS . .. . ..... 343 14.806 LANDSCAPING AND SCREENING STANDARDS 351 14.808 MANUFACTURED HOME STANDARDS 357 14.810 SPECIAL, AND MODIFICATIONS TO,DEVELOPMENT STANDARDS 361 14.812 SOLAR DEVELOPMENTS 369 14.814 LE X°LOT LINE HOUSING DEVELOPMENT STANDARDS(ZLL) 373 14.816 CONDITIONAL ACCESSORY UNIT ...... ........ 377 14.818 DUPLEX DIVISION 381 14.820 BONUS DENSITY FOR SEWER HOOKUP 383 14.822 HISTORIC PROPERTY PRESERVATION 385 APPENDIX "A"AMENDMENT RESOLUTION REFERENCE-NUMERIC 387 APPENDIX "B" AMENDMENT RESOLUTION REFERENCE-ALPHA ................. 391 Table of Contents-h Zoning Code Printed: November 1998 for Spokane County • .4 1,0%--1 A"`"). Cr 1 Lt A PREFACE cede, which is adopted as an official control under, C:W briapter 36.70,shall consist of toning text and a series of official.zoning s=naps and tYterial/,oad bYips. For the purpose of admi4tration and enforcement of this'cbde, the zoning Maps and Arterial/foad Maps in the office of the arming fieparfint,itf shall be considered the official zoning maps and the official arterial/road maps. A copy of these official maps is located in the Department of Building andSafety.-- LM& f.. cc•a.� Organization of the aid' e This Lode consists generally of four sections.The first section,Capter 14.100,contains introductory material. The second section,consisting of Chapters 14300,14.400 and 14.500, includes definitions of many terms used throughout the code and an outline of procedural matters;such as methods of accomplishing amendments to the'zoning map or text,approach to obtaining formal interpretation of meaning of the—Clod.processes for securing a variation from strict application of thecode in hardship cases,enforcement of the provisions of the code, and appealing decisions associated with the code. The third section,Chapters 14.600 and 14.700,sets forth the regular and overlay zones and includes regulations governing the use of property,height of buildings,density of development,and related matters Uses permitted in the various zones include those that are permitted directly without special review,and those that are allowed only under certain conditions. The fourth section,atapter 14.800,focuses on development standards that relate to the zones found in chapters 14.600 and 14.700. These standards include sign controls, requirements for off-street parking, standards for landscaping and screening,general exceptions to some of the standards set forth in the zones,and standards regarding solar access. How to use the code Every attempt has been made to present land use regulations in this code in a manner clearly understandable to the user. Nonetheless,in an area such as Spokane County,with complex land use needs, regulations inherently are not simple. In order to assure a balance between the needs of the general public for protection of the fine quality of life in Spokane County and the needs of the private property owners for an opportunity to reasonably use and benefit from the use of their property, many special circumstances must be covered in any Zoning Code The property owner seeking an understanding of regulations that may affect the use of his or her property should look figtt at the toning.maps and!aerial/ d iitflips on file at the office of the Spokane CJounty,lflanning Department. From those traps.zoning and.artenal/toad classifications of his/her property may be determined. Chapter 14.600 of this document sets forth the general regulations pertaining to the classification of his/her property. However, the owner should also check the .onilrg'1t&tap for inclusion in an overlay tone, which would include additional regulations as set forth inlc.)lapter 14.700. It is also important for the property owner to be aware of special requirements (such as for off-street parking and limitations on signs) contained in chapter 14.800,as well as the exceptions for certain regulations(such as the greater height allowed for chimneys and church steeples),specified in chapter 14.800. Methods of obtaining relief from provisions of the ordinance, under specific criteria,and for obtaining a change in zoning are also spelled out in this code. Tie decision-making process that affects applications for rezoning,changes in zoning text,changes of 'aerial/road traps,variances and conditional uses, and administrative determinations is summarized in the following figure: Preface _ _�— Zoning Code Pratte& November 1998 Page i of Spokane County Generalized Row of Applications iy, ( COURT ).---� MAP on •eX T •'`. IBOARD OF COUNTY COMMISSIONERS)) i t \ r OTHER .4,� \ APPRQPRfATE BODY a N. \ -t �' PLANNING `\ COMMISSION J e I HEARING BOGY ) 1 3 �� i 1111 r. DEPARTMENT 1 ------" ---f If I1 7 ® r APPLICANT ) Zoning amendment Variance,conditional use permit ---Administrative Action(interpretation,administrative exception,temporary use) 11 Point of decision None: Single line denotes appeal only l Any person may visit the Spokane County,l tanning Department where-qualified staff members can assist in understanding all aspect .of the regulations contained herein. ThJ staff can explain how the regulations affect development of property and also outline the various processes involved in either developing property in a manner consistent with this code or in obtaining changes in regulations affecting a person's property. This code is not intended to replace any written agreement or covenant made between two or more private parties establishing restriction on a piece of property. Such covenants do not supersede any restrictions outlined within this code, nor is Spokane County responsible for enforcing such covenants. Preface Zoning Code Printed: November 1998 Page a of Spokane County ZONING CODE OF SPOKANE COUNTY, WASHINGTON CHAPTER 14.100 INTRODUCTORY PROVISIONS NOVEMBE;It 1993 PRINTING Chapter 1-1.100 INTRODUCTORY PROVISIONS Section: 14100.102 Title 14100.104 Purpose 14.100.106 Relationship to Other Regulations 14.100.102 Title This zoning text togetherfplth the official zoning maps shall be known as the Zoning Code of Spokane County/ ?hi, ,, , ,a "o 14.100.104 Purpose The general purpose of this Zoning Code is to promote the health,safety,and general welfare and to meet the prerequisites of RCW 36.70.560. The provisions of this Code shall be so interpreted as to carry out and implement the purpose and intent of the Comprehensive Plan and the general plans for physical development adopted by the Board of County Commissioners. More specifically, the Zoning Code is intended to 1. Encourage orderly growth of the County; 2 Promote compatible uses of land; 3. Conserve and stabilize individual property values; 4. Provide desired levels of population density and intensity of land use; 5. Facilitate adequate levels of community services and utilities; 6. Conserve and protect amenities; 7. Provide workable relationships between land uses and the transportation system; 8. Maximize opportunities to conserve energy and utilize renewable energy systems and resources;and 9. Keep pollution at or below acceptable levels. 10. Assure that arterial roadways and roadway network can be expanded to accommodate the planned land uses of the Land Use Element of the Comprehensive Plan. 14.100.106 Relationship To Other Regulations Other official ordinances, regulations, and plans have a direct impact on the development of land in the County. These include, but are not necessarily limited to, the Spokane County Comprehensive Plan Text(Future Land Use Plan map and Arterial Road Plan map),the Spokane County Shoreline I y Program,the Spokane County Subdivision Ordinance, the Spokane County SEfrt Plat Subdivision / Ordinance,,the Spokane Envirortmental-Ordinar e,the 206 Water Quality Management Plan, the v %.- Spokane County Nearing Exanthw �of mittee ordinance.the Comprehensive Wastewater L I k ' Management Plan,the Spokane Co the Guidelines for Stormwater Management. <t 1 the Uniform Building Code and ordinances,regulations and plans of other regulatory agencies. The numbers and types of such ordinances may vary from time to time. Wherever provisions of these or other official regulations overlap or conflict with provisions of this Zoning Code,the more restrictive provisions,to the extent lawful,shall govern and the Zoning Code provisions will be met as a minimum. / CU�'�"es.,.c r" Chapter 14.100 Zoning Code Printed: November 1998 Page 1 of Spokane County This page intentionally left blank. Chapter 14.100 Zoning Code Printed: November 1998 Page 2 of Spokane County ZONING CODE OF SPOKANE COUNT', WASHINGTON CHAPTER 14.300 DEFINITIONS NOVEMBER.1998 PRINTING Chapter 14.300 DEFINITIONS Section- 14.300.000 Procedures 14.300100 Definitions 14.300.000 Procedures 1. For the purpose of this Code certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive,subject to the judgement of the person administering the Code. ( -- 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dicti 3. The present tense includes the future,and the future the present. 4. The singular number includes the plural,and the plural the singular. N'L0t 14.300.100 Definitions Y_" ,-,1101 _- 'ig a Accessory. A building,area, part of a building,structure or use which is subordinate to,and the use of which is incidental to, that of the main building,structure or use on the same lot. Within residential zones the accessory structure or use shall be limited in area as set forth within the underlying zone classification, unless . the building is used in conjunction with permitted farming or animal raising. cess Lane: An area of land allowing ingress and egress to and from a parcel_of land which may or may not ave minimum lot frontage on a public street, road,or right-ofiway. Administrative Exception: A minor deviation from standards specified in this Code,as set forth in Section /Q 14 2D. tics.. s >1eq Jai v 1 - -s tit- . Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "Specifiedsexual4tivities"or specified thatomical%emas"as defined in /42.e this section. l I _ .-_... ` Adult Entertainment Establishment: An enclosed blinding,or any Mrtion thereof,used for tesenting- JP performances,activities,or material or relating to"specified sexual vities"or"specified Alatomica)4r+ as," oi. 4a7s defused in this sectioa,for observation by patrons therein; Provided, however, that a motion picture theater s'r' 1 . shall be considered art; iflult entertainment istablishment if the preponderance of the films presented is 4 distinguished or characterized by an emphasis on the depicting or the describing of"specified sexual activities" or‘spetified ainatomical a:tieas"; prgvided further,however,that a hotel or motel shall not be considered an dolt ritertiinment establishment merely because it provides adult closed-circuit television programming in ■ its rooms for its registered guests_. Agricultural: Relating to tho sgeme or art of cultivating s41 or producing crops to be used or consumed directly or indirectly by man or livestock,orrising of livestock. Agricultural land: Defined in WAC 365-190-030(1)as now or hereafter amended. Agricultural Processing: The series of operations taken to change agricultural products into food products. Agricultural Zones: Those zones outright permitting various agricultural uses including the Exclusive Agricultural and General Agricultural zones. Chapter 14.300 Zoning Code Printed: November 1998 Page 3 of Spokane County _ 1 & in Any area of land or water which is designated and set aside for,tanding and taking off of aircraft and which is utilized,or which is certified on a plan to be utilized, in the interest of the public for such purposes. Airport Hazard: Any structure or tree or use of land which obstructs the airspace required for the flights of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off of aircraft, and any use of land which is hazardous to persons or property because of its proximity to an airport. ,Vt jot i' and Airstrip, Personal. A ling rea for only one(1)aircraft for personal use by only the owner.r ke k 6 •- ,41'1.17 - 4 tar!w,l 1 d_1.-..c. , , • Airstrip, Private: A landing area for more than one(1)aircraft A n: A public right-of-way which provides access only to the rear and/or side of properties abutting,and having access to a public road. Altered/Alteration: Any change,addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. a0. `ry'" Amendment: A change in the wording,context,or substance of this Code,or change in the zone boundaries ,.. upon the zoning map, which map is a part of this Code. A .AAA. t --Animal, Large: Animals including, but not limited to, horses, donkeys, burros, llamas, bovines,goats,sheep, swine and other animals or livestock of similar size and type. Young of horses, mules, donkeys, burros,and llamas under one(1)year in age,bovines under ten(10) months in age,and sheep,goats and swine under three(3) months in age shall not be included when computing it rani f large nimals. , to p4 pr Small: Animals or*swl other than a household pgS,pr large anim\ls including,but not limited to, thickens,guinea hens,geese,ducks,turkeys, pigeons not Otherwise defined, rabbits, mink,chinchilla,nutria, \irgnawing animals in general and other animals or►tEowl of similar size and type. Young small animals orlowl rider three(3) months in age shall not be included when computing iniwnsrty of small animals or fowl. Young 4' or miniature large animals are not included in this definition and are considered large animals. , Antique: Any item which, because of age, rarity or historical significance, has a monetary value greater than . the original value,as determined at applicant's expense by an independent appraiser,or which has an age �`- recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. I ra.'„, Antique Store: A shop selling. or offering for sale,antiques. Such a shop shall not be considered as a dealership handling used or second hand merchandise. . - Aquifer: That array of geologic formations supplying virtually all potable water to the Spokane 6oetropolitan area Its area,extent and characteristics are defined in the"Spokane Aquifer Water Quality Management Plan” and 'Cause and Effect Report," both reports of the'208'Water Quality Management Program Aquifer Sensitive Area(ASA): The area from which water runoff directly recharges the Aquifer,including the surface over the Aquifer itself,and the hillside areas immediately adjacent to the aquifer as defined and adopted by Spokane County in the"Spokane County Comprehensive Wastewater Management Plan,July, 1981"as amended. .i i 0 Arterials-Principal, Maior and Minor: Street classification per the Spokane County Enginee 'e`o ee. litl t• t Chapter 14.300 Zoning Code Printed: November 1998 Page 4 of Spokane County GliV Artei ialx-Principal, Minor and Collector. Street or road classification per the Spokane County Engineer's Office_adopted definitions and definitions of Chapter 14.710. Arterial/Road Map: The adopted official maps used in conjunction with Chapter 14.710 as official controls pursuant to RCW Chapter 36.70. Assembly- Light: The assemblage of metals and/or materials into products normally used in the home. Assembly- Heavy: The assemblage of materials and/or metals into products normally not used in the home. Auction Yard: An open area or an area entirely enclosed within a building where items are stored or displayed for not more than seven(7)consecutive days within any given thirty(30)-day period and where persons are permitted to attend sales and offer bids on such items. Auto Wrecking, Junk and Salvage Yards: Any area, lot,land,parcel,building,structure or part thereof where waste,discarded or salvaged materials are exchanged,handled, bought,sold,baled, packed,stripped,stored, dumped or disassembled. including but not limited tn_inoperable vehicles,machines or remnants thereof, and/or metals, paper, rags,tires and baffles. The following establishments shall not be considered an Auto Wrecking,Junk,and Salvage Yard when all activity,storage,odor and noise is confined wholly within an enclosed building: the private, noncommercial storage of inoperable vehicles and remnants thereof; pawn shops;secondhand stores;used furniture stores and public garages. Also,open sales lots for the sale of new and used motor vehicles and machinery which are in operable condition; motor vehicle towing services and auto and/or body repair establishments which do not store inoperable vehicles for more than ninety(90) days; and accessory storage areas for recyclable items ajsociated with permitted uses�shall not be considered an Auto Wrecking,Junk and Salvage Yard. /�'�j« . r r F > P,- s dt- r/ Ow. eke- Automobile Sales: An area,other than a street,used for the display and sale of more than two(2)new or used automobiles or trucks in any thirty (30)-day period and where no repair work is done except that necessary for completion of the sale. p '- +s4Leit.‘ yc. • ‘c--" " -t 4 L Pq c . it 1 Automobile/Taxi Rental: An area,or building, used to park and repair automobiles to be rented to the general public and where no other automobile repair work is done;such area may include customer service and i�/G'r support space. G.r. //u X i�rf r''Y$eeltive A structure designed to contain one colony of honey bees(mils nllifera)and registered with the it Washington State Department of Agriculture,per RCW Chapter 15.6q or as basatter amended. Beekeeping,Commercial: An activity, generally operated for a profit, where more than twenty-five(25) beehives are kept on a lot. Beekeeping, Hobby,: An activity,generally engaged in for personal use, where twenty-fi��v� (e/(25)or fewer ` yes are kept on a lot( Litt ,�r t r e s t.j et �'- -Bin-ding Site flan: A document per standards of RCW 58.17 or local ordinanc�e�which allows divisions of land within the B-1, B-2. B-3, I-1, 1-2 and 1-3 zones,approved administratively by tffe Planning Director,and signed by the Board, which legally obligates a person making a proposal,to conditions,standards or requirements as specified by this Code or b};o group with appsoval authority. ff r. Block A greuup of lots,tracts or parcels-Within well-defined and fixed boundaries. Chapter 14.300 Zoning Code Printed: November 1998 Page 5 of Spokane County „l $1,t' fir Board: The Board of County Commissioners of Spokane County,State of Washington. {r/ • ; Building: A structure with a single roof or connected with a roof built for the support,shelter,or enclosure of \ persons,animals,stored items, mechanical devices,or property of any kind,and permanently affixed to the v ground. This shall include any vehicle affixed to the ground for any of the previously mentioned purposes. Building Coverage: The area of a lot occupied by a main building or structure and its accessory building(s)or `�'-i structure(s), not including-patios,driveways,open steps and buttresses, terraces,cornices,and ornamental i features projecting from buildings)or structure(s) which are not otherwise supported by the ground. cr 4 44.,r Building Height:, This definition differs from the building height definition contained in the Uniform Building / Code because it is based on the visual impact of building height rather than its structural strength and integrity. A, Building height shall be measured from the4jerage finished grade to the highest point of the roof,except for �►� skylights,chimneys, wireless mastsjand other provisions of Section 14.810.120 herein.The:average finished grade shall be determined by first delineating the smallest rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the rectangle, provided that the measured elevations do not include berms or backfills extending less than ten feet(10')horizontally from the building. EPS FILE — Measured hight at each of these potnu CEto I liphaat Pollen a1 Meet I ,� 1 Nlahsst Finished Grads - - - `. Averspe Finished Grids Lowe.%F%nishsd Orsde l Building Line: A line established as the minimum distance a building may be located from any property line /�., as determined by the standards of this Code or, if applicable,determined per Section 14.810.140. #.. .. Bulletin Board: A sign which identifies an institution or organization on the premises on which it is located and which contains the name of the in-tution or organization, the names of individuals connected with it,and general announcements of events or activities occurring at the institution,or similar messages. `� . �\ i Maker's Residence: A manufactured (mobile) home,or an existing building or structure used as a residence,that is owned by the owner of the property it resides upon and is occupied by a bona fide employee .r of the property owner. 1 f 0,,1^"� - - - Category: A land use classification as defined and used within the Comprehensive Plan Text which applies policies to designated areas in Spokane County as displayed on the Future Land Use Plan, p of the Comprehensive Plan. Chapter 14.300 Zoning Code Printed: November 1998 Page 6 of Spokane County . A n � Cemetery: Lind or facilities on such land legally used or planned for use for the preparation for burial and for the burial of the huinan3ead or household pets including columbanums,crematories, mausoleums, and mortuaries wben operated in conjunction with and will in the b9undary of such cemetery. t� f h¢.'1" c►eta/ t. Lr�C _ s•/y '`J "Church: An establishment, the pr nci'ipaallpurpose of which is religious worship and for which the main ■.`` building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms,assembly rooms, a common kitchen,a library room or reading room, recreation hall and quarters on site for nuns and clergy, but excluding facilities for training of religious orders. A single family dwelling(parsonage) is included in this definition with its use for the-pastor or caretaker. Clinic: A building or portion of a building containing offices for providing medical, dental, or psychiatric services for out-patients only. Club: An association of persons for some common purpose,but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered Housing: A group of dwelling units,consisting of permitted uses in the underlying zone, designed in such a manner as to make efficient use of existing or planned facilities and whereby the amount of resultant common open space per dwelling unit is equal to or greater than the open space requirements for conventional development under the pertinent zone and zoning standards. Code: Zoning Code of the County of Spokane,Washington. College: A public or private institution offering instruction usually in a professional, vocational,or technical field beyond the 12th glade- _ Codimercuil se 'Any activity carried out for pecuniary gain or loss. Commercial Zones: Those zones outright permitting commercial uses including the Business Zones B-1,B-2, and B-3. Commission: The Spokane County Planning Commission or any subcommittee thereof empowered to carry out the duties set forth in RCW 36.70 and/or any function the Board of Spokane County Commissioners has delegated to the Planning Commission. �i (1 crs#ar Community_ (( �C Q /•�e �i C/` 'J See"Neighborhood"definition. Community Hall: A building and related grounds used for social,civic,or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public on equal basis. Community-Recreational Facility: Any public or private building,structure,or area which provides amusement. relaxation,or diversion from normal activities for persons within the area in which it is located and which is not operated for profit. Community Residential Facility: Any dwelling licensed, certified or authorized by state,federal or local authorities as a residence for children or adults with physical,developmental or mental disabilities,dependent children or elderly individuals in need of supervision,support and/or independent living training. May include! specialized group home for the developmentally disabled, group care facility for children,and boarding home. Chapter 14.300 Zoning Code Printed: November 1998 Page 7 of Spokane County • Community Swimming Poo(: An outdoor or indoor pool owned jointly by two or more property owners, designed to be used by residents of a subdivision or community, and not operated for a profit. A community swimming pool shall not include an individual's private pool,a semi-public pool.a public pool, or a pool operated for a profit Community Transit Center: A bus transfer area or facility located at major points providing passenger access to routes and adjacent activities. Community Treatment Facility: Any dwelling or place licensed,certified or authorized by state, federal or local authorities as a residence and treatment facility for children or adults with mental disabilities,alcoholism or drug abuse problems needing a supervised living arrangement and rehabilitation services on a short-term or long-term basis. Does not include detoxification centers. May include alcohol and/or drug abuse treatment facilities and adult treatment facilities. Comprehensive Plan: The Generalized Comprehensive Plan Text and Fstt/MeLand Use Plan Map of Spokane County, Washington,and additional elements as adopted or later amended by the Board pursuant to Chapter / 36.70 RCW. I 1 l 1 c-,......._1 r 1,• n k t,LI 4i "is, A cy t +.il,..:0- 41�A..t 10? d-.,_7 /4 4.0t Conditional Accessory Unit One(1)additional unit as defined per standards in Chapter 14.816. 1 !S�. __.- ,b> Conditional Use An activity listed among those in any given•zort t permitted to locate only after public bearing and the decision to grant a permit(Conditional'use permit)imposing such performance standard as will make the use compatible with other permitted uses in the same vicinity and zone and ensure against ' imposing excessive demands upon public utilities as determined by the Hearing Body. (1_0 ` - - Contractor's Yard: An area and/or building used to store equipment, trucks and motor vehicles,construction supplies,building equipment and raw materials for an individual or for a contractor engaged in building or other construction businesses, including but not limited to plumbing,electrical,structural, finish, demolition, transportation, masonry, excavating or other construction work. Normal maintenance of equipment is allowed. The definition of a contractor's yard shall not apply to those instances where materials stored are to be used i,` within one hundred eighty (180)days for the improvement of a residence or business on the property where it is to be constructed. Convalescent Home: A residential facility licensed by the State or County to provide special care and f y. supervision to convalescents, invalids,and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to,nursrs,feeding,recreation,boarding 1 lam. c. /-f' !t and other sonal services. f � a E cF<i• r '''l and I-'''-- _13t ti a.:-i• jr,•s _ ++ Critical Material(Critical Materials Listl: A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of aquifer water. Current beneficial uses of aquifer water include, but are not limited to, domestic and industrial water supply, agricultural irrigation,stock watering,and fish raising. For the purpose of administration of this Code, the Critical Materials List is established as part of this Code. The list includes the names of specific chemicals and classes of chemicals which, based on current criteria and standards,are known to affect the beneficial use of water., ' , . i �}• , . Critical Materials Activity List: A list of commercial and industrial activities known to use critical materials, coupled with the names and threshold levels of quantities of critical materials normally associated with the activity. The Critical Materials Activity List is established as a part of this Code. Chapter 14.300 Zoning Code Printed: November 1998 Page 8 of Spokane County �" , vitt � ` -t ; __ -- --- - .- Critical Materials Handbook;_,A document prepared specifically to assist in the administration of this Code and containing examples of b sti 4anagement,4tactices;which may be employed to meet the performance criteria of this Code as associated with critical materials. Critical Materials Use Activity: An activity or land use which has been determined,according to the procedures of this Code, to use, transport or store a critical material.. Dair}. Any premises where three(3)o m or more cows,three(3)or more goats,or any combination thereof are feµ.mo►intained and milked for a period exceeding sixty(60)days. Davfs�: 5 tt�aU mean calendar days unless otherwise specified and shall be computed pursuant to RCW �� 1.12.040. _, Dad+Care Facility: A facility furnishing care,supervision and guidance of a child or group of children up to �' twelve(12)years of age or under for a period of more than four(4)hours, but-les tthan twenty-four(24)hours, (,(:ii-- per day which facility meets all state and local licensing requirements. Day care facility is further defined as follows: 1. "Day Care Center": A facility for the care of thirteen(13)or more children with resident or nonresident license(s). No day care center shall be located in a dwelling unit unless that portion of the dwelling unit to which the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family; 2. "Mini-Day Care Center": A facility for the care of twelve(12)or fewer children in a facility other than the dwelling unit of the person(s) under whose direct care or supervision a child(ren)is placed,or for the care of from seven(7)to twelve(12)children in the dwelling unit of such person(s). In accordance with WAC Chapter 388-75 the total number of children actually permitted in a mini day care center is reducd by the number of children in the dwelling unit of preschool age and all other children through twelve(12)years-of age during nonschool hours;and A�' a. .... .,-2.. "C.t, 3 "Family Day Care Home": A facility which regularly provides care during part of the twenty-four(24)- . hour day to six (6)or fewer children in the dwelling unit of the person(s) under whose direct care and supervision a child(ren) is placed. In accordance with WAC Chapter 388-73-122 the total number of children actually permitted in a family day care home is reduced by-the number of children in the dwelling unit of preschool age and all other children through twelve(12)years of age during nonschool hours. A facility providing care for less than four (4) hours per day is classified as a "Nursery School" lc tt l c•• ' ' , _ .. . f, r c uo purposess c this Code,deciduous shall include the following vegetative species. l" Ailanthus,Ash (Mountain), Birch(White),Catalpa, Elm (American), Locust(Black and Honey). Maple . , 4 (Silver,Sugar,and Sycamore),Oak(Pin),Sweet Gum(Liquid Amber),Thundercloud Plum,Wing Nut. •�j� �'1 r- f .'; X71 •C: The amount aflantt per dwelling unit excluding the area for roads, parks.churches and schools, common open space, public/private capital facilities,and dedicated public lands,and any other nonresidential use except tax-exempt open space. The exclusion identified above concerning the area for roads shall not apply to those lots five(5)acres in size or larger. Calculation of the five(5)-acre-or-larger lot size shall be done pursuant to RCW 58.17.040(2)as armed-or hereafter amended. Department The Spokane County Planning Department. Department,'Designated: The department or office in charge of the majOf Licensing or permittingduties shall be the designated Department.unless otherwise agreed to by the other involved apartments or-offices. En the event of uncertainty, the County Administrative Officer shall assign Designated Department status. Chapter 14.300 --4)1`` C° Zoning Code Printed, November 1998 Page 9 of Spokane County - 4. a,--', •, . t �s� Fe :� N S/ Dependent Relative: One who is related by direct blood line, marriage,adoption, unmarried partner / relationship or court-appointed guardianship; has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property;and who is over the age of 18. The Planning Director shall exercise discretion to decide qualifying relationship . Director.(Planning): That person,or his/her designee,appointedbq the Board of County Commissioners- pursuant to RcW 3670.160,directing the activities of the/planning pepertment. 1 --A-building used as group living quarters for a student body or religious.oeder as an accessory use for a college,university,boarding school,orphanage,convent, monastery, or other similar institutional use. Driveway: Any area, improvement or facility between the roadway of a public or private street and private property, which provides ingress/egress for vehicles from the roadway to a lot(s)or parcel(s). - 'Dwelling: A building or portion thereof designed exclusively for residential purposes on a permanent basis as distinguished from a transient basis and which therefore does not include hotels,motels,dormitories, convalescent homes or accessory buildings or structures. Dwelling,Multi-Family: A building designed for occu_pancv,by'three(3)or more fantilaies1WI rg independently of each other within-three(3)orratore +yelling urrits.- Dwelling, Multi-Family(Low Income): A multi-family dwelling designed and constructed.to primarily serve persons of low income as defined by the U.S.Census Bureau. , . .. .14_ �(LI Dwelling,Single-Family: A building designed for Iertg+term habitation exclusively by one family, having complete living facilities and constituting one dwelling unit This term shall include manufactured homes and mobile homes. Dwelling, (Duplex): A building designed exclusively for occupancy Y�9 two(2) families living independently of each other within two(2)dwelling units. DwellingUnit One(1)or more rooms in a dwelling,designed,occupied or I t intended for occupancy as separate living quarters, with an individual entrance,cooking,sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of one family maintaining a household. Electric Sign: A sign or sign structure in which electrical wring.connections and/or fixtures are used as part of the sign proper. (Electronically Changeable Message Sign: A sign upon which graphics,symbols or words can be varied upon u4\ the face or faces of a sign by a computer controller to display time, temperature,public service,community Fr rut commercial information. rt1 Facplosfve: Aiiy�iibstance that alone,or in combination or contiguity with another substance. may decompose ‘0Xsuddenly and generate any destructive blow to surrounding objects. Family: An individual or two or more persons related by blood, marriage,or adoption,or a group of not more than five(5) persons.excluding dependents, who are not related by blood, marriage or adoption, living OP g Y g P g t( together as a single nonprofit housekeeping unit in a dwelling unit. Chapter 14.300 Zoning Code Printed: November 1998 Page 10 of Spokane County Farr. / dt rt4 ' ' O. ,1 Farm Machinery Sales and Repair A specialized retail facility located in a rural area which caters exclusively to the sale and repair of farm machinery including tractors,farm implements,combines, loaders,applicators, and their accessories. Such a facility shall not normally carry products related to the road construction, mining,or(ores tproducts industries. The facility shall not be established as a car or truck sales lot or carry items normally handled by a hardware store, lumber yard, home improvement center,or an automotive service station. Farmstead: One(1)or more residential and/or nonresidential structures located on d'primary agricultural parcel. the residents or users of which devote their time ameshew-lucuwlv:to the production of food/or fiber or derive at least half(1/2) their income from agricultural pursuits. 8 l∎ Feed Lot A confined area or structure used for feeding, breeding or holding livestock for eventual sale or itlxii p & g g slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and ground water; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods. Feed Mill: A structure or building used to store or grind grain for animal or human consumption. Fence: A wall or a barrier composed of,;stone,brick or posts connected by lumber,rails,panels,or wire for the purpose enclosing space marking boundaries,serving as an obstruction or barrier or separating parcels of r land. •. 41.i Fire Lane- An access designed for emergency escape frem-en entrance to a parcel of land or its improvements. Flashing Sign: An electrical sign or portion thereof which changes light intensity in a brief, brilliant,or sudden and transient outburst of light causing a steady on and off,glittering,sparkling,or scintillating pattern. (This definition shall not include electronically changeable message signs or signs which simulate motion for mood } lighting purposes in which no more than one-third 11/3) of the changing light source is off at any time.) ��,ct Floor Area. Livable: The square footage arnotult of covered area used,or planned to be used, for living purposes, not including garages,carports, crawl spaces and other generally not-lived-in spaces. . l;,L. .k ..,(.v' ... 4/4, Florjulture: The cultivation of ornamental flowering plants. -`1 -`--Food Locker: A commercial building designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. Forest Land: Defined in WAC 365-190-030(6),as ne+rorb weafter amended. . ' • Fraternity= men's organization ed chiefly for social purposes which may function as a place for living and eating,especially for college students. ' utur�e�Acquisition Area: The land area between the existing road or street right-of-way boundary and the future street right-of-way as defined on adopted Arterial Road Plan of the County Comprehensive Plan. This area will be used for future right-of-way acquisition, roadway improvements and utilities improvements as the area-wide vicinity develops and increased traffic warrants the roadway expansion. Garage. Public A building or portion thereof, other than a private garage, used for the care,parking, repair, or storage of automobiles,boats,and/or recreational vehicles or where such vehicles are kept for remuneration or hire. 1l1 U/K Chapter 14.300 cAn7 #.tee, 4 ,�iQ-r Zoning Code Printed: November 1998 ge t of Spokane County Grade: The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five(5) feet of a lot line,elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. In the case of any sign, grade shall be measured or determined at the sign support structure(s). r.`�. s Greenhouse,Commercial: An establishment where flowers, shrubbery, vegetables, trees and other l.f/ horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a v� retail or wholesale basis. veil ii v Hard Surface: A hard surface shall-consist of asphalt.Portland cement concrete,crushed rock, grass pavers or other technologies laid to the specifications set forth by the Spokane County Engineer and this Code. -116.ardous Waste: All dangerous and extremely hazardous waste as defined in Section 70.105.010(15)RCW, except for moderate risk waste as set forth in Section 70.105.010(17) RCW. Hazardous Waste Storage: The holding of hazardous waste for a temporary period,as regulated by State Dangerous Waste Regulations.Chapter 173-303 WAC. Hazardous Waste Treatment The physical,chemical or biological processing of hazardous waste for the purpose of rendering thine wastes nondangerous or less dangerous,safer for transport,amenable for energy or material resource recovery,amenable for storage,or reduced in volume. Hazardous Waste Treatment and Storage Facility.Off-Site: Treatment and storage facilities which treat and store hazardous wastes generated on properties other than those on which the off-site facilities may be located. This use isal+wys the primary use of a property. Hazardous Waste Treatment and Storage Facility,On-Site: Treatment and storrge_facilities which treat and store hazardous wastes generated on the same property. This activity is an accessory use to a'primary activity on the property. Hearing Body: The individual,committee,or agency designated by the Board to conduct public hearing and render decisions on amendments,special permits,conditional uses,appeals and other matters as set forth in this Code. 4---1- I t,...›;..1. IAN N., ∎i 6A c i, cwt rHigh Occupancy Vehicle(HOVI:"A motorized vehicle carrying two(2)or more passengers. Home Industry: An occupation, prof ion,or,craft,excluding an'4Iult okstore or fidylt entertainment . '`' establishment. in association with a a Jidence.which is of such intensity or broad scope of operation i 1 that pj,iblic hearing review,as a C ditto I Use Permit,is necessary. Therefore,by character and definition,a e )bmatndustry is different than a ► me profession or g�'bneraltcvmmer and l j ss,uses. c c, p-to".., —I Home Profession: A+ iroTession,br craft,excluding an dtlult bookstore or4 cult etertainnient i blishment, carried on within a residence by the occupants, which activity is clearly incidental to the use of said residence as a dwelling and does not change residential character of the dwelling or neighborhood.and is conducted in such a manner as to not give ou and appearance of a business in the ordinary meaning of the term. An activity which does not comply with the following criteria shall not be deemed a home profession_ 1. There shall be no ex r alterations to the dwelling which ch ges the.residential ap f�ce or character thereof/ a � /vx-- e. 5 7 ., /is R.QC e )b' pr&v I <d" - 2. The use, including all storage space. shall not occupy more than forty-nine(49) percent of the residence's livable floor area. No home profusion shall occupy a detached accessory building. All storage shall be enclosed within the residence. Chapter 14300 Zoning Code Printed: November 1998 Page 12 of Spokane County 3. Only members of the family who reside on the premises shall be engaged in the me profession. 4. One(1)sign identifying a liome j(rofession shall be limited in size to a maximum of four (4)square feet, be unlighted,and be placed flat against the residence. 5. There shall be no window display nor shall sample commodities be displayed outside the building, except that horticultural and floricultural products grown on the premises may be so displayed. 6. There shall tti�ee no stock stored nor commodity kept for sale on the premises which is not necessary to their(tit`ess" '6r balls. -) A / 7. AU material or mechanical equipment shall be used in a manner as to be in compliance with WAC 173- 60 regarding noise. 8. Traffic generated which exceedst the following standards shall be prima facie evidence that the activity is a primary business and not a , me fT6fession. a. The parking of more than two(2)customer vehicles at any one(1) time. b. The use of loading docks or other mechanical loading devices. c. Deliveries of materials or products at such intervals so as to create a nuisance to the neighborhood. 9. The hours of operation for a hope profession s41.1 be limited from seven(7)a.m. to ten(10) p.m. The applicant shall specify on the Nome profession rmit the hours o�f/operation. . /c / r '+//Sides .-'+Jt- /- 10. A e,�rofession ermit shall be issued by thepep t per fee es� etl + the Board. Jr,[�-1r1 �C_,l1t i f $ 1 I&I". p�h/1f4,1)1 //. ,[ 7�orse Boarding: A barn,stable,or other structure where owners or users of the property commercially bathe, train, house and/or feed more than three(3)horses or other riding animals any of which are not owned by the users or owners of the property for more than twenty-four(24)consecutive hours. Horticulture: The cultivation of a garden or orchard. Hospital: An institution licensed by the state agencies under provisions of law to offer facilities and temporary 47 or emergency services-i isurgery,obstetrics,and general medical practice for human patients who are ill or Jim injured. //,��'w�jic Y 19u, I-)46 I 1-•t--. ' '� `, c r of iv` ' • `, Hotel: A building in which there are six(6)or more guest roomskvhere lodging with or without meals is .., provided foocpmpensation,and where no provision is made for cooking in any individual room or suite. i 1 ..• 4 .c:i<- klft Household Pet Any animal*ti, other than livestock, large or small anima lJls and animals at+innia considered to be predatory or wild,which normally lives in or is kept in a resitithce. IS:lk i ,.,,s_,"fi t--.6(Alt Incidental Sign: A uia nonelectric information sign four(4)square feet or lessdini a goods,products,services,or facilities which are available on the premises where the sign oc ' tended primarily for 4 et=nee-�f_ phe blip while on the premises. / G` Incinerator: A vessel, device,apparatus,or structure designed to burn solid waste under controlled,mtsence- free conditions,and at a relatively high temperature,for the purpose of reducing the combustible components to a non trescibl residue capable of ready disposal. p r I'.err_ f2____------ r 14300 Zoning Code Printed: November 1998 Page 13 of Spokane County 0 i c/,..41...., i 1.7.7.....}_iil. Li 1-: i riPa„e'sk Industrial Zones: Those zones outright permitting various industrial and manufacturing uses including the 1- 1,1-2,and I-3 zones. -�_,,c}ril}i Inoperable: When a machine or vehicle does not function as it was onginally designed because an essential ' component(s) has stopped functioning properly, is missing or absent. /1 - 00' v u 4 , r: / t._ r�r / c�1 g ..-,: !' , •: vet \'K / An establishment of prate,other than an animal or veterinary hdspital or clinic or aiiimaistielter,_ i * where eleven (11)or more dogsM%4f or ehwa.>tt1)armo a cats a are housed, 7 groomed, bred, boarded,trained or sold commercially or as pets. / Kennel. Private: The domicile of a person or persons who own or breed five(5)or more dogs aatd or cats t but ii less than eleven(11)dogs or cats av - primarily for personal recreational use,Mich as participation in recognized conformation shows,field or obedience trials, racing,sic ling,pulling, �, specialized hunting or working trials,and water trials,search and rescue, tracking aan�for the purpose of inn p trig the physical soundness, temperment,and conformation of a given breed to a standard. 4.4\ c. .� �andfiIl: A method of final disposal of solid waste by utilizing land in a manner that allows the disposal of solid waste without creating hazards to public health,sigcant impacts to the environment,or nuisances. \' L&IA e_ 1 eifr. ct,,.t Library: An establishment for the"sir-purpose of loarring anti circulating boo or providing a reading room and reference service to the publiciwhether conducted by a publicser private. y)or whether the service is with or without direct cost to the user. `-7 Ana, (le Livestock: Animals,including but not limited to, horses,cattle, llamas,sheep, goats,swine, reindeer, donkeys and mules. 116r t Loading Beth: An off-streej space,designated area or berth located on the same lot or site as the buildings or use served, which providesithe temporary parking of a commercial vehicle while loading or unloading merchandise, materials,or passengers. Lot A flatted-or unplatted parcel of land defined by the Spokane County Assessor as being segrega l and/or separated from other parcels of land and being in compliance with State and local platting Laws. Lot Area: The total horizontal spa a with the lot lines of a lot,excluding any street rights-of-way. Lot Buildable: A division of land end in compliance with State and local platting laws of at least sufficient size and lot frontage to meets rminimum Locator State Code requirements for u asta building site. ,. k.b. ,) :.,�. i_� -- (,e, f-, r u/.)(- v f - -, Gs - y Lot Depth: The horizontaa straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line for purposes of this section shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines with the curved lot front line. Lot Frontage (Frontage): The length of that portion of a lot abutting the public (private)street providing DLinCittl access to the lot Lot Lines: 1. Lot Front Line- A line separating the lot from the street,or public right-of-way other than an alley if a street does not exist. In the case of a corner lot, the shortest continuous line separating the lot from the Chapter 14.300 Zoning Code Printed: November 1998 Page 14 of Spokane County - street or public right-of-way shall be the lot front line. In case of corner lots having equal lines abutting a street or public right-of-way, that property line which when extended creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner lot. Where a lot does not abut a public right-of-way or street the lot front line shall be the lot line nearest to a street or public right-of-way. 2 Lot Rear Line-A lot line which is opposite and most distant from the lot front line. For the purposes of establishmg the lot rear line the following shall apply: a. In the case of a lot with a rear boundary formed by a single line that is parallel to the lot front line,such rear boundary is the lot rear line. b. In the case of a lot, the rear boundary of which is formed by two(2)or more lines, the lot rear line shall be a line ten(10)feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such a lot. c. In the case of a trapezoidal lot, the rear line of which is not parallel to the lot front line,the Iot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line. d. In no case shall the application of the above be interpreted as permitting a main building to locate closer than five(5) feet to any property line unless such building portion is below grade with no visible portion above grade. 3. Lot Side Line-Any lot boundary line not a lot front line or a lot rear line. Lot of Record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute. with the Auditor for Spokane County. Lot Types: 1. Corner Lot- A lot situated at the intersection of two(2)or more streets,the street frontage of which lot form an angle not greater than one hundred and twenty-eight(128)degrees,and not less than forty-five (45) degrees, 2. Interior Lot-A lot other than a corner lot Lot Width: The horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot. Minimum lot width shall be the same for the entire depth of the parcel. L 0.4 ties C c-�ivT Low Intensity Lighting: Lighting not exceeding the equivalent o4ight hundred (800)milliamperes flourescent tubing space on nine-inch(9)centers, or of exposed neon not exceeding thirty(30) milliamperes. tt, Lt., -� �nin Building: The principal building or other structure on a lot or building site designed or used to accommodate the pmary use to which the premises are devoted. Where a permitted use involves more than one building or structure designed or used for the pnmary purpose,each permitted building or other structure on a lot or building sign as defined by this Code shall be construed as comprising a main building. Manufactured Home: A dwelling unit forty(40)feet or more in length and ablest eight(8)feet or more in width when erected on site`four hundred (400)or more square feet in floor area,constructed in accordance with Federal mobile home tlonstruction standards as evidenced by the attachment of an insignia and;upon relocation into or within Spokane County,a certification by the Washington State Department of Labor and Industries that said manufactured home has passed their "Alteration Inspection"or its equivalent,designed for Chapter 14.300 Zoning Code Printed: November 1998 Page 15 of Spokane County transportation after fabrication in one(1)or more sections on its own permanent chassis,designed to be used as a dwelling and arriving at the site where it is placed on a foundation,or tied down and skirted with towing tongue removed or completely disguised. Floor area will not include accessory structures or additions and shall be determined by measurement of the structure's exterior dimension after erection on site.Such a unit includes the connection to electric power, water supply and sewage disposal facilities. {Manufactured (Mobile) Home: A manufactured home or a mobile home as defined herein. Manufactured (Mobile) Home Park: A site having as its principal use the rental of space for occupancy by two k„ (2)or more manufactured (mobile) homes,and the accessory buildings.structures, and uses customarily ` incidental to such homes. Massage Parlor: A building or structure where persons obtain massage treatment and/or advice or where persons use facilities for nonsexual relaxation purposes. +v Medical Office: See"Clinic." Mineral resource lands: Defined in WAC 365-190-030(14)as nowar herettftep•dmended. Mobile Home: A factory-built dwelling constructed prior to June 15,1976 to standards other than the 4,14\,;(,". ; Manufactured Home Construction and Safety Standards Act, having a minimum size of eight(8) feet wide and k,'s thirty-two(32) feet long, being completely self-contained,designed for use as a dwelling for a single family, \ and otherwise acceptable under state and local codes which were in effect at the time of manufacture. �\ introduction into Spokane County or relocation of the mobile home within Spokane County which i acceptability is evidenced by certification by the Washington State Department of Labor and Industries that ,. said mobile home has passed their"Alteration Inspection"or its equivalent Such a unit includes the connection to electric power, water supply and sewage disposal facilities. e f XC/` Motel: One or more attached or detached buildings providing separate sleeping or living quarters primarily to a temporarily accommodateIransient individuals or families traveling by motor vehicle,with attached garages \i/ or parking spaces conveniently located to each unit and may include kitchen facilities. Also commonly `,J . referred to as a tourist court,tourist home, motor lodge, motor inn, and similar designation. Multiple Building Complex: A group of structures,or a single structure, with dividing walls and separate entrances for each business,housing at least two(2) retail businesses,offices,commercial ventures or independent or separate parts of a business which share the same lot,access and/or parking facilities. 1 fr '_, ' • \. KeigMibo-Thood: A geographic area bounded by distinct physical boundanes, such+ itc-f ,3547 `i�,�'� major or minor arterials,geologic formations, brand open spaces and similar features, centered around common interests or facilities and distinguished from a "community" which could be composed of more than one(1) neighborhood as herein defined. „ ,r � �n.e - C.: %.r. . c.1.-t,, , r I At. Nonconforming: A lot, use, building,or structure. which was legal when commenced or built,but which does not conform to subsequently enacted or amended regulations. it \� Nonprecision Instrument Runway: A runway having existing or planned 'straight-in" instrument approach gip ' procedures,as defined by the Federal Aviation Administration, utilizing air navigation facilities with only • 0 1 horizontal guidon a>}i� f w�i i p� on instrument runways are planned or indicated on a document aapproved by the � 4 ,4 Nursery: An area,structure, or building and all accessory areas,structures,or buildings which are used 1 exclusively for the purpose of nurturing trees,shrubs, flowers,and/or other plants for the purpose of transplant and/or sale. Chapter 14.300 Zoning Code Printed: November 1998 Page 16 of Spokane County A. _ At �// 0 # ! IC y A_ 1 A1LLti/ Nursery School: A private agency,school,or institution engaged in educational work with preschool children and in which no child is enrolled on a regular basis for four(4)or more hours per day. Enrollment for four(4) or more hours per day shall classify the facility as a "Day Care Facility"or"Kindergarten." Nursing Home: A place licensed by the State Department of Social and Health Services as a "nursing home"or institution which operates or maintains facilities providing convalescence and/or chronic care for a period in excess of twenty-four(24)consecutive hourl for three(3)or more patients who are not related to the operator 01 4G - by blood or marriagynd who by reason of'illness or infirmity are unable to properly care for themselves. yz,,, S sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted at,services rendered,goods sold or produced on 4! 5/" the premises.name of the business and/or name of the person, firm or corporation occupying the premises. �r)$f/f Une Hundred (100)-Year Flood Plain An area determined by the Federal Emergency Management Agency (FEMA)or by Spokane County to have a one-percent(1%)chance of flooding in any given year. _ . , i,4 . fc. .1, t . ; , , , Cam' Open Space: The urea of a lot or building site that is-free-and.r.lear of buildings dad structures. Opponent of Record: A person who has provided verbal or written testimony?n opposition to a proposal/project before or during the public testimony portion of a hearing,or filled out and submitted a „Part of Record Notice indicating opposition)prior to the close of the public hearing. • Orchard: A planting of trees producing fruit and/or nuts for the purpose of sale. Ordinary High-Water Mark: That mark on all lakes,streams and surface waters which will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual,and so long continued in all ordinary years,as to mark upon the soil a character distinct from that of the r , abutting upland in respect to vegetation; provided that in any area where such a mark cannot be found, the ordinary high water mark shall be the line of the mean high water. ©/ .1 st ,i4.?r d.t. ,,i•'194 Advertising DisplavJStructuri Means any name, identification,card, paper,cloth, metal, wooden or Uother display, illustration or device of any kind or character, including but not limited to any poster, bill, printing, painting or other advertisement of any kind whatsoever which is affixed to or represented directly or � indirectly upon a building,structure, tree,wall,rock,fence,or piece of land and which directs attention to an ' bject product, place,activity,person, institution or business. Outdoor advertising display/structure does not include directional, warning,or information structures required by or authorized by law or a federal,state, county,or city authority;official notice of any court or public body or office posted by a public officer in performance of a public duty;any flag,emblem,or insignia of any government, government agency,civic, ye' `� charitable, religious, patriotic, fraternal or similar organizations;or any"sign." ik �I, "O w rs: Any person,partnership,corporation, association,unincorporated organization, trustior any other `�, f`d 1 legal coamtet M1 entity having sufficient proprietary interest to seek development of land. This includes a e;.r a..i • f• �l'1 representative with written owner authorization. ,i1( Overlay Zone: Requirements described in the Code text which exist in conjunction with another zone and which relate to the official. oning ap. Developments within such an area must conform to the requirements of both zones and,in the event oT(inconsistencies, the most restrictive requirements shall control. P ' Iark-and-Ride Facility' A parking area or structure used for the specific purpose of storin g.mal or vehicles in order that the occupants can transfer to a higher occupancy vehicle(HOV) (e.g.,buses, vans,carpool autos) to complete a trip. Chapter 14.300 Zoning Code Printed: November 1998 Page 17 of Spokane County Park, Public: A site under the control of any Federal,state or local government agency, and designated or developed for recreational use by the public. Subject to the regulations of the controlling agency,recreational uses may include, but are not limited to, indoor facilities such as museums,swimming pools and skating rinks, and outdoor facilities such as athletic fields,playgrounds, fishing areas,and areas and trails for hikers, equestrians. bicyclists.or off-road recreational vehicle users. Parking Area,Satellite: A parking area more than three hundred(300)feet away from the establishment, building,structure,or use which it is esigned to serve. Parking Facility: A parking ar i d—ing,F L b or structure used for the specific purpose of�parkin" g or storage of motor vehicles for compensation and/or to accommodate the patrons of the establishment providing said parking facility;establishments providing such facilities include industrial, manufacturing,commercial, L, recreational,office,institutional and residential uses, but exclude single family dwellings. rr Parking Lot Travel Lane: Privately owned lanes for vehicles to travel through parking lots to parking stalls, 11 / loading areas, publip roadways,and other adjacent public or private parking lots. 1 1 `- Party of Recorc( iper�son who has provided verbal or written testimony in or regarding a public hearing on a t 1 n d use action .c r� -ar • Waved Surface: A paved surface shall consist of asphalt or Portland cement concrete laid to the specifications M+ •` ,set forth by the Spokane County Engineer and this Code. r i I Permitted Use: An activity or use so designated in any given zone,and which may occur without special X iFIA'r ` action by the Board or Hearing Body,subject to provisions of the zone in which it is located_ f L _r f Person: A corporation,company,association,society,firm, partnership or joint stock company, as well as an ��' individual,a state,and all political subdivisions of a state or any agency or instrumentality thereof. (.7` per son-- . or Party Having Standing: Any party of record. ` Pigeon Loft Any structure which is used for the housing or keeping of performing or show pigeons. Pigeon, Performing: Pigeons which are raised and used in the sport,hobby or competition of racing; which require being released for freedom of flight for purposes of training, maintaining physical conditioning or competitive performing;and which are identified by a leg band containing the name or initials of the owner or with an identification or registration number stamped on said band. Specifically included in this category are flying tipplers, rollers, tumblers and homing or racing pigeons. Pigeon,Show: Pigeons which are raised and used in the sport,hobby or competition of show;which do not require being released for freedom of flight for maintenance of physical conditioning or training; and which are identified by a leg band containing the name or initial of the owner,or with an identification or registration number stamped on said band. Planned Unit Development(P U.D.): A land development project planned comprehensively as an entity through a design process prescribed by ordinance which permits some flexibility in the regulations of the underlying zone as defined in Chapter 14.704. . �J� 1�o^- ry`c Planning Agency: The Spokane CountyAPlanning Qrganized and functioning as any other department of county government, together with itspinning ..oriunission. Planning Commission: See"Commission." Chapter 14.300 - Zoning Code Printed: November 1998 Page 18 of Spokane County .. j 2i �- e/ -ter Portable Sign: Any sign which is not permanently affixed and is designed for or capable of being moved, except those sigps explicitly designed for people to carry on their person. 11,444 /4. 4fR/l-- `--Peen ion Instrument Runway: An existing runway having an existing instrument approach procedure utilizing an Instrument Landing System(IIS),or Precision Approach Radar(PAR)as defined by the Federal Aviation Administration,or an existing or planned runway for which a precision instrument approach system lisplanned and sq indicatefi on an approved document from thglPlanning_ err tit. Q Y'-r t 4,t r ,,,.• y_________..1! L 4-P.J.i,at c. Y rrte 1 r Primary Agricultural Parcel: An area of land devoted.ahsest-exelusWely.to agrjcultural pursuits. dot,.> , �� i.n ,�in �.!s ire.,<y_� `7 ., artrUse;Principal Use. The predominant use to which the lot or property is or may be devoted and to which alLother uses are accessory. Pr-iMel, ? Pi 5-tot Iiic k_ +--Frtntary u ce: All that land which lies directly under an imaginary surface longitudinally centered on a runway and extending two hundred (200)feet beyond each end of all runways which have a specifically i�i' prepared surface or planned hard surface and coinciding with each end of other runways. The elevation of "1 \ any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. width of the primary surface is: /rm ev____Ii fie u 1. One thousand (1.000) feet for existing or planned precision instrument runways and nonprecision Q le instrument runways having visibility minimums as low as three-fourths(3/4)of a statute mile; j? , 2. Five hundred (500) feet for all other existing or planned nonprecision instrument runways or visual nonutiiity runways;and ?. -Tw9.hundred fifty (250) feet for all other existing or planned visual utility runways. Z-/:• La ' • J . Priority Sewer Service Area(PSSA): That area which is currently urbanized,or most probably will urbanize, and could feasibly be provided with interceptor sewers within-1987 to 1992 or earlier and as mapped in the adopted Comprehensive Wastewater. lana$ement Plr as amended t . .Offic}al mapping of the PSSA is maintained in thupffices of the Cour l;lanrnng•eeparantentand CCitihtyVti'lities`i eriniert 1/ Private Repeater Facility: A facility for the noncommercial reception and retransmission of radio signals. f 1 31.E �...:4,�. ,, Professional Offices: An office maintained and used as a place of business by individuals in licensed �41 rofessions and other generally recognized professions which utilize training or knowledge in the mental f t'� disciplines as distinguished from occupations primarily oriented to manual skills or the handling of �i. � commodities. �) 17 . . . Prohibited Use A use not specifically enumerated as a permitted use,conditional use or nonconforming use. ,li L Prohibited uses include, but are not limited to,the enumerated 'prohibited uses" within each zone of this .0-- ode. /4' r'�y ___— •r Ric Transportation Benefit Urea fl'ThA): The geographic area within which the Spokane Transit Authority �?`�� provides public transportation service, per the provisions of RCW 37.56. ! Ili r; biic Transportation Plan: A document detailing the location and type of facilities provided for public transit/ride sharing purposes. Public Utility: A closely regulated public or private enterprise with an exclusive franchise for providing a public service paid for directly by the recipient of that service. a t,J,,.& ,dyl,51/4- AA!•� i`L. \_ ifL1[" "? f] lip rR/'T,r F-• K Chapter 14.300 Zoning Code Printed: November 1998 Page 19 of Spokane County A -� = %l' �e.. . _i_s:_s.-. 0-. - Public Utility Local Distribution Facility: Any building,structure,or device which transfers directly to the public the service or supply provided by a public utility, including telephone,electric(less than sixty(60)feet in height),gas, cable television, water and sewer,and all other facilities,equipment and structures necessary for conducting a local distribution service by a government or public utility- . Public Utility Transmission Facility: Any building,structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone,electric(greater than fifty-five ' thousand 155,0001 volts or fifty-five [551 KV),gas,cable television, water and sewer,and all other facilities, equipment,and structures,including substations,switching stations, and reservoirs. Readerboard: A sign face consisting of tracts-to hold rea t),changeable letters allowing frequent changes of- — 4_ copy. (i, __i, ; (• e.• . .- 3 (:v,. r. ...„ ..1- C , '1 , ..,r_ ..a.. �2a 1 ! ' Record: The official file;exhibits,maps and slides including the tape recorded proceedings,or transcription t! thereof. :"- ` _ ic, Recreational Area,Commercial: An indoor a#uiJor outdoor area or structure(s)operated for profit and ,6��4 ri devoted to facilities and equipment for recreational purposes,including,but not limited to,swimming pools, c tennis courts, racquet ball courts,dance and other similar uses whether the use of such area is limited to `} private membership or whether open to the public upon the payment of a fee. .r, A J ,, �y dr Recreational Vehicle(RV): A vehicular type portable structure without permanent foundation,not more than thirty-five(35) feet in length, primarily designed as temporary living quarters for recreational,camping,or ) travel use,with or without motor power,and occupied in any one place for a period not exceeding thirty (30) days. This includes,but is not limited to,travel_trailers,truck campers,camping trailers and self-propelled .f1s \�� •(l motor homes. 4' ' Recreational Vehicle Park: An area where facilities are provided for recreational or camping vehicles or travel ' trailers, tents or other portable habitation, utilized by the public as a place for camping,vacationing,or temporary usage, which are in place for not more than thirty(30)days. The park may include certain • ;7 recreational or service facilities for the use of the residents of the park. R eational or cramping v iFle parks y shall comply with all applicable State and County regulations. r. ' Q �' < •t r.,}c 1 ' t IL y Residence: A building or structure,or portion thereof, which is designed for and'¢,ed-used itdeea •'•Q'• °�� . abode for human beings, but not including hotels or motel units,or places of abode having no kitchen within .each unit. A residence must include one or more dwelling units. Residential Zones: Those zonesxwtright permitting residential use ,including the RR-10,SRR-5,SRR-2.,SR-1, SR-1/2.UR-35, UR UR-12, UR-22,and RS zones. . /.6•. ra.A'r-' i it+--/ /4/4-1-., A d r-,=c�„t ` (� .:t.„.._l Retaining Wall: Any wall not an integral part of a building,used to resist the lateral displacement of oar material. • , t.. Retirement/Elderly Apartments: A multi-family dwelling designed for individuals and couples who are retired from active employment service,and who are not medically dependent upon other individuals. ()%// �/, Retirement/Elderly Apartments (Low Income Subsidizedl: A retirement/elderly apartment developed and owned by a nonprofit sponsor who receives a direct funding loan from HUD-FHA,or some other agency and where rents are subsidized by HUD-FHA or some other agency based upon low income status. (. ..e-ftti: ,?'4 '404', Roadway: The paved-or improved portion of a street/road,,designed or ordinarily used for vehicular travel including shoulders,auxiliary lanes,curbs, sidewalks,etc. ' cl t Chapter 14.300 Zoning Code e. Printed: November 1998 Page 20 of Spokane County Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. /.._:: L. 6.. 1 C A.1_ uftwa eztst i or planned paved surface or turf-covered area of an airport which is specifically � Y� B P P � P�� Y designed and used,or planned to be used,for the landing andier taking off of aircraft. � ♦ Sanitarium: A health station or retreat,or any place where resident patients are housed,which specializes in giving temporary or emergency clinical services of a medical or surgical nature including surgical and postsurgical treatment of persons with mental disorders. but excluding the psychiatric treatment of such mental and nervous disorders. /6";,,/ , ,/6-. . 1 4 --L Schools; Kindergarten, Elementary. Middle,Junior High and High: Public and private institutions of learning offering instruction from kindergarten to grade 12 required bF the Education Code of the State of Washington. 4,t It*.t ` V' al Harvest Festivities:,Those temporary and incidental accessory activities associated with the sale of annual harvest crops. se:acceSstiry actiVities may include hay rides, tours,food service, retail sales of non- agrtpulturalucts(i,e_crafts,antiques),face painting,pony rides,music,and other similar activities. 0.1 .—__- Secondhand: Any material or good that has been used and is not specifically addressed by one of the Zoning Matrices_,. )61' 'cf,- /fir fi,0 rA-It-0i IA's f4,. cs+a« 0 r •Service 5 rageFacility: A facility including buildings and/or structures containing spaces og sales leased or rented on an individual basis and used exclusively for the storage of~ea proper'fy aid outdoor storage of vehicles and boats. r. SEPA: The Washington State Environmental Policy Ad of 197 and administrative codes developed pursuant thereto orany amendments thereto. .• c<.., •,L1 ..t • v' r or- Service Station,Automobile: A retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories,and for the lubrication and minor repairs of automotive vehicles,but not including tyre recapping,engine overhaul,or body and fender work. A l } Slud The concentrated deposit,sediment,or mass resulting from the treatment of sewage, of s- luding materials pumped from cols,septic tanks,sewage holding tanks and dr. ells. . 7_, /�c�-- f=/.c-f 7tc, �. . , -1. ;:.Joe-fix J k Any visual communication device,structure,or fixture which is visible from any right-of-way and is fir inteended to aid the establishment in question in promoting the sale of products,goods,services,events or to ,L''identify a building using graphics,letters, figures,symbols,trademarks or written copies_ Painted wall 1�-'- J� designs or patterns which do not represent a product.service.or registered trademark,or which do not ' • identify the user, shall not be considered signs. If a design or pattern is combined with a sign,only that part of the design or pattern which cannot be distinguished from Ow sign will be considered as part of the sign. This l - definition excludes outdoor advertisin dis s.•� - y � «�� \'''i.1 Site Development Plan: A plan drawn tfo scale for one(1)or more lots,parcels or tracts on which is shown the r ` existing and proposed condi ns of the lot,tract or parcel. Such plan s)shall be drawn per specifications tj �v identified in this Code or by�,` �_ tive,Olicy. 5 f, y d 'tie/A.4/1 Solar Collector: The south face of a structure g or than o)feet above the ground level at the south will which has solar sky space and can use solar energy to reduce consumption of energy for space heating, i heating, �� lighting, water heating,and/or to generate electrical energy used by that structure. CC es.r— Solar Lot A platted tract or parcel of land within ament which has solar sky space a so --" shell or solar structure as defined_ -`�r it / w pp Chapter 14.300 Zoning Code Printed: November 1998 Page 21 Spokane County. `� 4,Iht t, o r._ ! , f Solar Shell:The three dimensional area shown on a site plan or subdivision map which designates each lot's future Limits of building and growth of vegetation which is or can be over six (6)feet in height and by which shadow patterns shall be determined. The purpose of the shells to protect solar access of the lot to the north and to designate access area to be protected on the lot" Solar Sky Space: The space between the sun and the south face of a solar structure or solar shell which is unobstructed by.topography, by any structure(s),or by Vnetahon not defined as Deciduous vegetation within this Code. The sky space is defined as the area een w�-�ye�. p �`'r h'.z * 1.-c 4,64_ 1 rr 1. the sun,at approximately 10 a.m. and 2 p.m.in January and November,is gran altitudepf seventeen (17)degrees and is at adirection between thirty(30) degrees east or west of true south;and . t ."='- 2. the sun,at approximately 10 a.m. and 2 p.m.in April and August, is at an altitude of forty-five(4 ''fI`l degrees and is at a direction between forty-five(45)degrees east or west or true south. 48. NI_ I_ii, •.; ' ..1, '- NO 1 MI -r 11 AM �a``+�- • jOr 4 .'' '.\,•d -I 40171% -�50 Q ILI vim ' -� arX -o- `v' � � TRUE SOUTH �_ !i `�7 PM __� 10.1144\ AROUND cr { _ • ., • t •" a ,- LEVEL �'l/ DIRECTION Cr' SOUTH `, Solar ;Structure: Any dwelling unit which is designated to maximize available solar energy for heating,cooling,or IF',tik lighting needs and which is located on a solar lot as defined. l'A Solid Waste: All 2utrescible and nonputrescible solid and semisolid material,including, but not limited to, let „it / garbage, refuse, bulky wastes, inert waste,agricultural solid waste, sewage sludge and demolition and Y construction wastes. Solid Waste Recycling/Transfer Site: A municipally owned and/or operated area with a structure or vehicle, the main purpose of which is to hold solid waste or recyclable materials, prior to transport to a central disposal or collection location. Recycling sites are allowed only in conjunction with solid waste transfer and disposal sites and shall limit recyclables only to ferrous metals,aluminum, glass, plastics, paper, and other reusable items. Solid waste recycling/transfer site is not a sanitary landfill, garbage and refuse dump.or recycling plant Solid Waste Recycling/Transfer Site, Private: A structure or vehide,the main purpose of which is to hold solid waste or recyclable materials prior to transport to a central disposal or collection location,and shall limit recyclables only to ferrous metals,aluminum, glass, plastics,paper,and other reusable items. Solid waste recycling/transfer site is no a sanitary landfill, garbage and refuse dump,or recycling plant. Sorority: A female fraternity. Specified Anatomical Areas: Human genitals, pubic region, buttock,and female breast below a point immediately above the top of the areola,when such areas are less than completely and opaquely covered. This Chapter 14.300 Zoning Code Printed: November 1998 Page 22 of Spokane County e":".,,e0 A eldit. f- ( cet..t.c4 iisititj S 4t,t_Lot.4_, definition shall also include human male genitals in a discernibly turgid state,even if completely and opaquely covered. G 'l ,, ��_ Se: c e. 4. 4 , t c , > , Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal;acts of human masturbation,sexual intercourse or sodomy;fondling or other erotic touching of human genitals, pubic region. buttock or female breast. ,,,/ / j Lie,• _1, i.✓ 4_1_,--__ �e f f--�-2-4r rs;�..,,, rz- .1rr-xfLCl'�/ '•f ,-S —hat portion of a building included between the upper surface of any floor and the upper surface of the floor next above,except that the topmost story shall be that portion of a building included between the upper surface of a topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six(6)feet above grade as defined herein for more than fifty percent (50%)of the total perimeter or is more than twelve(12) feet above grade as defined herein at any point,such usable or unused under-floor space shall be considered as a story. Street.Public(Private): A public thoroughfare or private thoroughfarythe legal description of which is recorded with the County Auditor either of which affords primary means of access to abutting property. A recorded private thoroughfare my be a recorded easement for ingress or egress or a platted street designed as a pnvate thoroughfare for access of abutting property but for which the County assumes no responsibility or ownership and is available for use to the abutting property owners only. The private road easements and road maintenance agreements shall meet the requirements of the adopted public or pnvate road standards for Spokane County, as amended. The private road easements and associated maintenance agreement shall be recorded with the County Auditor prior to final subdivision or segregation by Certificate of Exemption. Street, Flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. 4 Street. Local Access: Street classification per the Spokane County Road Standards. Structure: Any object constructed or erected which requires location on or in the ground or is attached to something having a location on the ground (including towers,smokestacks,overhead transmission lines, , r, ca five balloons,etc.) but not including fences or walls used as fences less than six(6)feet in height::Excluded it' rom this definition are accessory storage structures for the sole purpose of the owner or occupant less than /6 one hundred twenty(120)square feet in area,not specifically permitted or prohibited by this Titleor written interpretation thereto. Also excluded are docks and piers,but which may still be governed by theto it ty's L"A t L : Shoreline Program. e �s /`ac.r�-i }cid l`c.L.•.� ) /s6-vt, „G -- Subdivision: Within this Code,includes both short subdivisions and long subdivisions defined within the . S' .0.,,Spokane County Short Plat irfaixle'and the Spokane County Subdivision Ordinance. . h , Tentporary�&e`1t'use approved forrlocation on a lot by LIW " rent fora per ooanot to'exceed six(6) ' months yvith the intent to discontinue such use after the time period expires. e a tr� ,; i 4 7,sX - 1< dr f �. �5 .ece._ �'iage:Any area,-lor."Wid, parse,buflding -Structure or part thereof where waste, discarded or oli salvaged tires are exchanged, handled, bought.sold,stored,chipped,shredded or dumped. Outdoor storage r° I)k of up to eight hundred (800) tireVand the storage of up to eighteen hundred (1800) tires inside an enclosed building or semitrailer,as an accessory use to a permitted business use,shall not be considered a Tire Salvage U Title Notice: A doc ii enTrecorded with the County Auditor for the purpose of disclosure of important '4y�' information,special conditions, restrictions,and/or circumstances that affect the property to a purchaser, lender and others. Tower. A structure not enclosed with exterior walls and which extends more than seventy-five(75)feet above grade or which exceeds the maximum building height for the zone in which it is located. Publkctility structures used for the distribution or transmission of electricity are excluded from this definition, but Chapter 14.300 Zoning Code Printed: November 1998 Page 23 of Spokane County J r'\ ` (rte ,T, N4_4 _ � . 4... rl4 -A. .d.. .4-- -/ t ."I - structures used for production of energy are included (e.g. wind tower). Structures less than the above-stated height standard shall be considered accessory structures. Tower, Private: A structure less than seventy-five(75) feet in height above ‘ .'1.-9't, grade used for two-way(2 munication for hobby or emergency service purposes by private individuals. rertsitional Community Fatllity: Any dwelling or place licensed,certified or authorized by state, federal or local authorities as a half-way house for adults leaving correctional facilities or run-away youth needing . temporary residence as a transition to community living or as a temporary shelter in time of crisis. May S � � r a.'/ include: half-way house,crisis residential center. e South: That direction one hundred eighty degrees(180)from the direction designated as "True North" I' oria United States Geologica, ey (US.GS,)map. . -- Urban hnpact Area: That area which is affected by urban-type growth,a major portion of which is the Priority - Sewer Service Area, b er delineated in Sectlonnl4,Urban Impact Area,of the Spokane County Genevalized Comprehensive Plan. ►: 44 ` .. r Use: The purpose for which land or building is arranged,designed,or intended,or for which either is or may L be occupied or maintained. Utility Runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of . ,1 twelve thousand,five hun4ed(12,500) pounds. maximum gross weight,and less. t 11r.-L4+�1- -40 Variance: The means by which an adjustment may be made in the application of the specific regulations of this 1_4' Code to a particular piece of property,which property, because of special circumstances applicable to it,is BO f- deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification and which adjustment remedies the difference in privileges: Provided,That a variance granted shall not authorize Pta use otherwise prohibited in the zone classification in which the property is located. Vehicle: An item,not a manufactured (mobile) home,which is designed to transport objects,merchandise, ` other articles, or persons from one point to another whether the item (vehicle) is operable or inoperable. \\ ` Veterinary Hospital or Clinic,Small Animal: An establishment other than a kennel in which veterinary \O ( medical services,clipping, bathing, and similar services,are rendered to dogs,cats and other small animaLs •t and domestic pets. `1t ''% Veterinary Hospital or Clinic. Large Animal: An establishment in which veterinary medical services and j similar services are rendered to large, agriculturally-related animals,such as horses,cows, donkeys,sheep, pigs,and similar animals. • ,_ - - -usual unway: A runway intended solely for the operation of aircraft using visual approach procedures, 41,"/ with no"straight-in" instrument approach procedure as defined by the Federal Aviation Administration and no instrument designation indicated on an approved planning document. r ,r' Wall Sign: A nonpaper sign attached or erected parallel to and extending not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. Signs incorporated into mansard roofs, 1 uees or canopies shall be treated as a wall sign. 0/ WtrdeSs—Communication Antenna Array , bl (;) , _Le... 6.4412.1.4.2„„vi 64-di. k....-v* flbj-- .—chapter 14.300 Zoning Code Printed: November 1996 Page 24 of Spokane County A wireless communication antenna array is one or more rods, panels,discs or similar devices used for the transmission or reception of radio frequency(RF)signals, which may include omnr-directional antenna (whip), directional antenna(panel)and parabolic antenna(dish). Wireless communication_antenna array shall be considered an accessory use provided they are-locate4.upon an existing structure_ Wireless Communication Support Tower A wireless communication support tower is a structure designed specifically to support a wireless communication antenna array,and may include a guyed tower,self-supporting tower,a single pole structure (or monopole), lattice tower,and other similar structures. ,.. r I nor� ., r 1 aid:`A i aperr-spaee other than a court,on a lot,unoccupied bstiti d from the ground upward, except as otherwise provided in this Code. Yards.1Types and Measurements: 1. Front Yard-An area extending across the full width of a lot and lying between the lot front line and that portion of a proposed or existing building or structure on the lot closest to the lot front line,or between the lot front line and the required front yard depth in each classification when no building or structure exists or is proposed. The front yard is generally recognized by location of the main entrance to the building and/or orientation to the primary street. "Front yards"shall be measured by a line at right angles to the lot front line,or by the radial line or radial line extended in the case of a curved lot front Line. Any lot extending between two(2)nonintersecting streets shall be deemed to have front yards on both streets regardless of building orientation. 2. Rear Yard-An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear tine.or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. "Rear yards°shall be measured by• line at right angles to the lot rear line,or by the radial line or radial line extended in the case of a curved lot area line. 3. Side Yard -That area of a lot, unoccupied, which is neither a front yard,a rear yard or a flanking street yard. 4. Flanking Street Yard-That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. • Zone: A portion of Spokane County designated on the official zoning map or official arterial/had map as one of the classifications listed in Chapters 14.604, 14.702,14.704, 14.706 and 14.710i$nd established for the purpose of promoting orderly and efficient development of land,compatible with surrounding areas and the Comprehensive Plan Textiiricluding the Fes4a<re Land Use Plan and the Arterial Road Plan. Z.40 le !14 /'/ct•s Chapter 14.300 Zoning Code Printed: November 1998 Page 25 of Spokane Count,. 17tt>page ;nten!uot:.:!!v!rft !;n;k. Chapter 14300 Zoning Code Printed: November 1998 Page 26 of Spokane County ZONING CODE OF SPOKANE COUNTY. WASHINGTON CHAPTER 14.400 GENERAL PROCEDURES `:OVtMBER. 19911 PR(NT7NG Chapter 14.402 AMENDMENTS Section: 14.402.000 Intent 14.402020 Criteria for Amendment 14.402.040 Amendment to the Zoning Text: How Initiated 14.402.060 Amendment to the Zoning Text Procedures 14.402.080 Amendment to the Zoning Text Notice 14.402100 Amendment to the Zoning Map: How Initiated 14.401120 Amendment to the Zoning Procedures 14.402.140 Appeals of the Hearing Actron to the Board 14.401160 Amendment to the Zoning Map: Notice 14.402.170 Areawide/Block Amendment to the Zoning Map: Notice 14.402.180 Board Action on Map Amendment Appeal or Text Amendment 14.402.000 Intent Following the adoption of the}Official toning text and Maps,circumstances may arise that make it necessary to revise these documents from time to time. It is the intent of this section to provide the mechanism whereby this Code may be amended to effect such revision. 14.402.020 Criteria for Amendment The County may amend this Code when it finds that any of the following applies: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological,or land use conditions has occurred to warrant modification of this Code; 3. It is found that an amendment is necessary to correct an error in this Code; 4. It is found that an amendment is necessary to clarify the meaning or intent of this Code; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by this Code;or 6. Those amendments as deemed necessary by the Commission and/or Board as being in the public interest. 14.402.040 Amendment to the Zoning Text: How Initiated An amendment to the text of this Code may be initiated by the Board, by the Commission,by the •)L ff' _ Department,or by any interested person. In the case of an amendment initiated by an interested person, the Department shall collect from such person a fee as determined by the Board which may .l' phn• cover normal processing and legal notice cost. Such an amendment may be adopted.modified or denied by resolution of the Board in accordance with the procedures specified in Section 14.402.060. 14.402.060 Amendment to the Zoning Text: Procedures N Upon finding that the required fee has been paid and that the application is complete, the wit shall place the request for text amendment on the earliest available regviet-e+awddr meeting agenda of the Commission pnd shall forward to the Commission in writing a report and recommendation on the requestpcluding an intent statement, possible applications of the amendment and possible development standards if appropriate. The Commission shall hold a public hearing on the.requested amendment. Notice of such hearing shall be as provided in Section 14.402.080 The Depurtme tshall subsequently submit to the Board a copy of the proposed amendment,along with the recommendations of the Commission in writing. Chapter 14.402 Zoning Code Printed: November 1998 Page 27 of Spokane County Upon receipt of any such recommendation, the Board shall.at its next available regular meeting,set the date for a public meeting where the Board may,adopt, make minor modifications to or deny the proposed text amendment. If,after considering the matter at a public meeting as provided in this section, the Board deems a change in the recommendation of the Planning Agency to be necessary, the change shall not be incorporated into the Code until the Board shall conduct its own�ublic Miring with notice of the change as provided in Section 14.402.080. At the hearing, the Board shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by the Board 14.402.080 Amendment to the Zoning Text Notice Notice of the date, time, place and purpose of any public hearing on an amendment to the zoning text shall be given by one publication in Spokane County's official newspaper at least fifteen(15)days prior to the hearing. 14.402.100 Amendment to the Zoning Map: How Initiated An amendment to the zoning map, which constitutes a reclassification of property, may be initiated in one of the following ways: 1. By the owner(s)of any such property(ies), provided that the.Bepi!l1 t shall collect from such owner(s)a fee,as established by the Board, which may cover normal processing costs;or 2. By the Board;or 3. By the Commission;or 4. By the Board or Commission pursuant to a petition filed by property owners of the area and meeting the following requirements: a. That this petition represents an intent to areawide/block ne. b. A petition is submitted,signed by fifty-one percent(51%)of the number of property owners within the area that is sought to be reclassified. In those instances where the petition filed by property owners of the area does not meet the provisions set forth above,any property owner(s)signing such petition may appear before the Hearing Body and request in writing that the Hearing Body initiate action to change the wrung map as set forth within the petition. The Hearing Body shall give due consideration to any and all such requests and,if they deem it advisable,may hold a formal public hearing to consider the proposed change to the zoning map as set forth within the petition. c. The zone classification(s)sought is one that is consistent with and will implement the Comprehensive Plan Category on the Haw e Land Use Plan. d. That the zone change requested by this petition process would come before the Commission for a public hearing with a recommendation forwarded to the Board. The Board,after public hearing, may adopt such areawide/block zone change by resolution or may reiect IL e. In the case of an amendment to the zoning map initiated by a property owner(s),under this subsection, the Department shall collect from such owner(s)a fee,as established by the Board, which may cover normal processing and advertising costs. Notice shall be provided pursuant to Section 14.402.170;or 5. By the Board/to implement, through a reawide/bTockiez. one.a Neighborhood/Community Plan which was developed and adopted according to provisions found within the Spokane Chapter 14.402 Zoning Code Printed: November 1998 Page 28 of Spokane County County Comprehensive Plan and Chapter 36.70 RCW. This process shall be subject to the following procedures; a The Department shall not collect a processing fee_ b. The Depastment shall prepare a written report andi Commendation, concerning the Areawide/block rezone,which is to be forwarded to the Commission and subsequently to the Board. c. The ii awide/block rezone shall come bfithe the Commission for public hearing. Following consideration of the"Departenent's report_ ___ adation and all public testimony, the Commission shall set forth the factors considered and analysis of facts and forward the Commission's recommendation to the Board. d. Upon receipt of both th,Depaiame t sand Commission's recommendation(the Board shall, at its next available regular meeting,set the date for apublic meeting where the Board may take action on all or a portion of the,areawide/clock rezone to adopt, make minor changes, or reject. 11, after considering the matter at a public meeting as provided in this subsection,the Board deems a substantial change in the Commission's recommendation to be necessary or the Board is desirous of conducting its own hearing, then the Board shall schedule its own public hearing with notice as provided in Section 14.402170. Subsequent to the hearing, the Board shall adopt its own findings of fact and statement setting forth the factors considered at the Board's hearing and its own analysis of facts considered by the Board. e. The notice procedures for anbreawide/block rezone shall be pursuant to Section 14.402.170. 14.402.120 Amendment to the Zoning Map: Procedures Upon finding that the required fee has been paid and that the application is complete, the Department shall place the request for map amendment on the earliest available regular meeting hearing agenda of the Hearing Body and shall forward to the Hearing Body in writing a report and-recommendation on the request. ��.�-.4 ��' e • L ` L. The Hearing Bedy shall hold a public hearing on the requested amendment Notice of such hearing, for zone reclassifications pursuant to Section 14.402100(1),shall be as provided in Section 14.402160 and the applicant shall provide affidavits confirming that such notice has been provided. Notice of hearing, for-ztine feclassifications pursuant to Sections 14.402.100(2),(3),(4),and (5),shall be as provided in Section 14.402.170. The Hearing Body shall make available to all parties of record so requesting its decision,along with findings of fact and a statement setting forth the factors considered at the hearing and analysis of facts considered by the Hearing Body. .e - r-• • No application for zone reclassification or change of conditions of a particular site that has been acted upon by the Hearing Seely or Board,pursuant to Section 14.402100(1)shall be accepted for a 'similar reclassification"or change of conditions for a period of twelve(12) months from the final decision. "Similar reclassification"for the purpose of this section shall mean an application for a change in the zoning m os ap for substantially the same land area,zone, land use,and/or density as previously applied for. The determination of'similar reclassification"or"change of cdnditions"shall be made by the Planning Director and shill be binding=the Hearing Uudy and/Pr Board. - 14.402140 Appeals of the hearing)3t ' Action to the Board The action of the Hearing Body-on a zoning triap)itinendment, pursuant to Section 14.402.100(1),shall be considered final and conclushiettitless an appeal is filed with the Board under procedures set forth in Section 14.412.04. Upon receipt of any such appeal,or request for review, the Board shall at its Chapter 14.402 Zoning Code Printed: November 1998 Page 29 of Spokane County next regular meeting set the date for public hearing with notice as provided in Section 14.402.160(1) and by the Clerk of the Board notifying all property owners and taxpayers within a four hundred (400) foot periphery of the subject site, including any access easement(s)serving said site,by mail at least fifteen(15) days prior to the hearing, moreover the Director may cause the action of the Hearing 6,4.. .c to be reviewed by the Board under procedures set forth in Section 14.412.032. Consideration of the Board at this hearing shall be"de novo." Upon conclusion of its hearing, the Board may adopt, modify conditions of approval or deny the ptaposed map amendment,and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by the Board. 14.402.160 Amendment to the Zoning Map: Notice Notice of the date.time, place and purpose of any public hearing on an amendment to the zoning map, pursuant to Section 14.402.100(1),shall be given by: r 1. One publication in Spokane County's official newspaper at least fifteen (15)days prior to the . r hearing. „.` �cv 2. Additionally, the applicant shall notify all property owners and taxpayers, if different than the 1 property owners, whose property does not abut the subject site but is within a four hundred (400)- • ; t, :• foot radius of the periphery of the subject site, including any access easement(s)serving said site, by mail at least fifteen(15) days prior to the hearing. The applicant shall notify all property r +� �` Ni and taxpayers,if different than the property owners, whose property abuts the subject site, • t( by certified mail at least fifteen(15)days prior to the hearing. This notification shall consist only ` " of that information approved and provided by the Department In those instances where any portion of the property abutting the subject site is owned,controlled or under option by the 'kV \.� , applicant or his representative, then all property owners within four hundred (400) feet of the . .„ �. applicant's total ownership shall be notified by the applicant by mail at least fifteen(15)days prior A to the hearing,as provided above for certified and regular mailing,postage prepaid. Property '7 owners and taxpayers are those shown on the Spokane County Assessoi s/Treasurer's most current computer records obtained by the applicant from a title company no more than thirty(30) days prior to the hearing of the application. The applicant shall provide an affidavit confirming that these provisions have been fulfilled. The notice shall be deemed mailed when deposited in the United States mail, postage prepaid,and properly addressed. 3. A sign of a minimum of sixteen(16)square feet(four 141 feet in width by four [41 feet in height) in area shall be erected by the applicant on the site fronting and adjacent to the most heavily travelled public street,so it is easily readable by the traveling vehicular public from the right-of- >%t way at least fifteen(15)days prior to%the hearing, —1`�' � �' f t(Iv cwc ,�°!� I: ..� � � /(/ 0t.t..I i r 4 :i J.:34,7 C L.•L .`' 4 f e: e J', .rt;C A.-, l �--;--)•_�--� •+-/ ,•-,C Said sign shall be supplied by the applicant Such sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. Said sign shall Sv l be lettered and spaced as follows: )'64/I'! tie/ a. A minimum two(2)-inch border on the top,sides and bottom of the sign; etrc E af-- b. The first line(s), in four(4)-inch letters,shall read /r et.q: "NOTICE OF ZONING HEARING"; `t.t..? e' • c. Spacing between all lines shall be a muumum of three(3) inches; -� Chapter 14.402 Zoning Code Printed: November 1998 Page 30 of Spokane County d. All the following lines, in three(3)-inch letters, shall read: "PROPOSED ZONING' 'PROPOSED USE" "APPLICANT" �' °'''4 "HEARING INFO. (Date), A (Time)" p "SPOKANE COUNTY PLANNING DEPARTMENT' "WEST 1026 BROADWAY,-456=2205" " - l. 7z_eC Additionally, the sign posted on site shall include a statement whether a Determination of Significance(DS), Mitigated Determination of Nonsignificance(MDNS)or a Determination of Nonsignificance(DNS)has been issued for the project which will then comply with Section 11.10.130(2)(a)of the Spokane Environmental Ordinance. The applicant shall provide an affidavit confirming that these provisions have been fulfilled. Said sign shall be removed immediately subsequent to the expiration of the appeal time frame identified in Section 14.402.140 unless the item is appealed to the Board. In that instance the sign shall be removed immediately subsequent to the Board's signing of the Findings and Order. • When an application is continued, by action or request of the applicant,for a period of time longer than forty-five (45) days, the owners and taxpayers shall once again be given notification by the applicant in the same manner as set forth in this subsection. ` �-, , /`w1 a• -h a.,/, .4 <. t..- 4 Wit , A< 4/, 1i/c. ..-1 ��k �, ��G/t 14.402.170 , rvIde/Block Amendment to the Zoning Map; Notice eltt, C ,c ( -� ,^ „ A. Notice of the date:time, place and purpose of a public hearing on an amendmei!it the zoning/ 4 L map, pursuant to Section 14.402.100(2), (3), (4),and (5),shall be given by: f , L.;, , 57;,/_ 4' �:,:�, cf,a. -t. 1. One publication in Spokane County's official newspaper at least fifteen(15)days prior to the , hearing. / t 4F-C-• I. - f 4" --s 2. A notice shall be mailed,at least fifteen(15)days prior to the public hearing,to those property owners and taxpayers whose complete mailing addresses are shown on the Spokane County Assessor's/Treasurer's current records. The notice shall be sent by first class mail to the recorded property owners and taxpayers of those parcels within the rezone boundaries and to a distance of four hundred (400)feet outside the rezone boundaries. Property owners and taxpayers, including their address information,shall be those as shown on the Spokane County Assessor's/Treasurer's computer records obtained no more than sixty (60)days prior to the rezone public hearing. Notice under this subsection shall be deemed adequate when Spokane County has endeavored in,g?ad faith to identify and mail a notice to each property ,A r,a_ i,` �/' owner and taxpayer having a complete mailing address shown on the records described . .1,t 4 tr' above. The failure of any person to actually receive a mailed notice shall not invalidate any l 'I �� rezone action. --- ._ n�` `i� 3. A minimum of seven(7)notice signs shall be posted throughout the rezone area at least fifteen (15)days prior to the public hearing. Said signs shall, at a minimum,measure eleven(11) inches by seventeen (17) inches. I.( ./.._id 4,4 ; ,,,. c,-; ; -i B. When a public hearing is continued for a period of time longer than forty-five (45)days,then notice shall once again be given in the manner set forth in Section 14.402.170(A). Chapter 14.402 Zoning Code Printed: November 1998 Page 31 of Spokane County 14.402.180 Board Action on Map Amendment Appeal or Text Amendment The action of the Board on a zoning text or map amendment shall be final and conclusive, unless within thirty(30)days from the date of the action the applicant or person having standing m akes application to a court of competent jurisdiction for a writ of certiorari. Chapter 14.402 Zoning Code Printed: November 1998 Page 32 of Spokane County Chapter 14.404 VAR1ANClAND CONDITIONAL.USE PERMITS Section: 14.404.000 Intent 14.404.020 Variance-and Conditional Use Permits: How Initiated 14.404.040 Variance'and Conditional Use Permits: Procedures 14.404.060 Variance and Conditional Use Permits: Notice 14.404.080 Variance 14.404.081 Intent 14.404.082 Conditions and Requirements 14.404.100 Conditional Use Permit! 14.404.101 Intent 14.404.102 Conditions and Requirements 14.404.000 Intent It is the intent of this section to provide the mechanism whereby variant or conditional usey'permits may be issued to provide relief from certain provisions of this Codeaor to permit a broader range of uses than those normally allowed in a zonel as defined further in this section. 14.404.020 Variance and Conditional Use Permits: How Initiated An application for a variance or conditional use permit may be filed by the owner(s) of property'to which said permit would directly apply. The Depeitt shall collect from the property owner an application fee.as determined by the Board,which may cover normal processing costs. 14.404.040 Variance and Conditional Use Permits: Procedures 1 c.,� Upon finding that the required fee has been paid and that the application is complete, the Departampt _,: shall place the request for variance or conditional use permit on the earliest available hearing agenda of the I searing Bricly and shall forward to the Hearing Body in writing a report and Aaommendation on the request The Hearing R shah}fold a public hearing on the requcsteavariance or conditional use permit. Notice of such hearing shall be as provided in Section 14.404.060. The Hearing$odtir shall make available to all parties of record its written decision, findings of fact and conclusions 14.404.060 Variance and Conditional Use Permits: Notice Mailed Notice shall be as identified in Section 14.402.160(2). When an application is continued by action or request of the applicant for a period of time longer than forty-hve(45)days,the owners and taxpayers shall once again be given notification by the applicant in the manner set forth in this subsection. F0'1' 14.404.080 VARIANCE — (.1. ' 14.404.081 Intent In some cases circumstances may exist such that the strict application of the provisions of the Zoning Code may cause practical difficulties regarding the use of a property. Following the demonstration to the Hea b • the. property owneftif circumstances out below, the Hearing Ijody`'aiay �ng�y y p Pe grant a variance from the provisions of the Zoning Code. No fariance shall be granted which would permit the establishment of a use otherwise prohibited in the zone in which the property is located. 14.404.082 Conditions and Requirements The following conditions and requirements pertain to a Variance. Chapter 14.404 Zoning Code Printed. November 1998 Page 33 of Spokane County 1. Any variance from the terms of the Zoning Code shall be subject to such conditions as will(a) ensure that the adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and similar zone classification in which the property is situated, (b)ensure that the intent and purpose of the Zoning Code is maintained with regard to location,site design,appearance, landscaping and other features of the proposal,and (c) protect the environment,public literest and general welfare, and that the following circumstances are found to apply: a. Because of special circumstances applicable to the property,including size,shape, topography„Jocation or surroundings, the strict application of the Zoning Code creates practical difficulties and is found to deprive the property of rights and privileges enjoyed by' 44y t other properties in the vicinity and similar zone classification,and �1 l b. That the granting of the variance will neither be materially detrimental to the public welfare) nor injurious to the property or improvements in the vicinity and zone in which the property is located. 2 The following, while not to be considered as sole substantiation,shall be considered in the granting of a variance: a. Strict application of the Zoning Code standard(s)creates an unreasonable burden in light of the purpose to be served by this Code; b. Relaxation of the Zoning Code standard will allow a more environmentally sensitive,energy conserving design.ar result in the adaptive reuse of anihistoriddproperty;or c. A broader public or community need or interest will be served by granting the variance as opposed to denying the application. 3 The granting of a variance generally should not a. Be substantially based upon precedent established by illegal or nonconforming circumstances; b. Establish a precedent which will adversely affect the zoning concept for an area or the County as a whole; • c. Be substantially based upon a,lack of reasonable economic return.or a claim that the existing structure is too small; d Be inconsistent with the general purpose and intent of Spokane County's Comprehensive flan; e. Be denied because the property, at the time of acquisition, was characterized by the practical difficulties giving rise to the request for a variance; f. Result in a de facta.zane reclassification,or g. Be substantially for the purpose of circumventing density regulations designed to protect groundwater. 4. For the purpose of implementation of Section 14.404.082 of this Code, the following terms and concepts shall have the following meaning. Chapter 14.404 Zoning Code Printed: November 1998 Page 34 of Spokane County a. "Deprived of privileges commonly enjoyed by other properties" means, among other applicable contexts,reduced development options or opportunities due to practical difficulties associated with the property. b. "Special circumstances"as used within this Code must apply to the property;but may also apply to the same vicinity within which the property is located. c. "Vicinity"shall have a "sliding scale" meaning to the effect that high-intensity use vicinities may be as localized as several hundred feet from the property and low-intensity use vicinities may comparably include several square miles. d. "Similar zone classification" may include some zone classifications or the same general categories where a finding can be made that the impact of granting a variance would have no greater adverse impact than circumstances generally existing and permitted in the zone. e. "Practical difficulties" are one or more of any number of differences in privileges characteristic of a property due to a combination of special circumstances and the standards of Zoning Code, provided that a practical difficulty: r. shall not solely be a parcel alleged as too small for a given use if the subject property can be put to any number of similar or alternative uses conforming to the standard; ii. may be the gross restriction or preemption of innovative or state-of-the-art technology not anticipated by the drafters of this€ode; or iii. may be the result of a governmental action,error or oversight which is not unlawful. 5. The Hearing Body shall make available to all parties of record its decision,along with findings of fact and conclusions. The action of the Hearing 804y on a variance shall be considered final and conclusive unless an appeal is filed under procedures set forth in Section 14.412042 «c./ �=�'- 4-a:ti:�.., ►' ..)) 14.404.100 CONDITIONAL USE PERMIT / 14.404.101 Intent ;f u, • '�'w x4 / The intent of the conditional use procedure is to establish criteria for determining the conditions under which a use(s)may be permitted ouwight in thzont A conditional use is subject to specific review during which additional conditions may be unposed to assure compatibility of the use with other uses in the zone. A request for a conditional use may be denied where it cannot be shown that the requested use will be compatible with other permitted uses in the zone involved r l• ,Laic/ Before issuing a conditional use permit, the Hearing ratty shall find that the following facts and conditions exist: I. Adequate conditions and restrictions are attached to the development of the property to ensure that the proposed use will be compatible with uses permitted outright in this location;and 2. The special standards as outlined in the Zoning Code for the underlying zone met. 14.404.102 Conditions and Requirements The following conditions and requirements pertain to a conditional use: 1 In approving a conditional use permit, the Hearing god!'may stipulate restrictions and conditions, inciuding1ut not limited to the following: Chapter 14.404 Zoning Code Printed: November 1998 Page 35 of Spokane County A a. Control of use; b. Provision for front,side,or rear setbacksigreater than the minimum standards of the zone within which the property is located; c. Special landscaping,screening, fencing,signing,off-street parking, public transit and/orttigh occupancy vehicle facilitigs pr any other general development standards: d. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; e. Control of points of vehicular ingress and egress; f. Control of noise,vibration,odor, glare. and other environmental contaminants; g. Control of operating hours; h. Duration or time limitations for certain activities;and/or 1. Any other reasonable restrictions,conditions, or safeguards that will uphold the spirit and intent of this Code and the Comprehensive Plan and mitigate any adverse impact upon the adjacent properties by reason of use,extension,construction,or alteration allowed. 2. The Hearing Body shall make available to all parties of record its decision,along with findings of fact The action of the Hearing Body on a conditional use shall be considered final and conclusive unless an appeal is filed with the appropriate body under procedures set forth in Section 14.412.042;and 3. A conditional use permit may be suspended or revoked if,after public hearing with notice as provided in Section 14.404.060, the Hearing Body finds that a grantee or their successors in interest fail to comply with conditions or restrictions included in the permit_ Chapter 14.404 Zoning Code Printed: November 1998 Page 36 of Spokane County Chapter 14.406 ENFORCEMENT Section: 14 406.000 Intent 14.406.020 Enforcement 14.406.040 Violation, A Misdemeanor 14.406.060 Cumulative Civil Penalty 14.406.080 Notice of Violation. Assessment of Penalty 14.406.100 Collection of Civil Penalty 14.406.000 Intent It is the intent of this Section to provide authority for,and the procedures to be used in,enforcing the provisions of this Code to the end of furthering the purposes and objectives thereof. 14.406.020 Enforcement 1. It shall be the duty of the Planning Director,except as otherwise provided herein, to interpret and enforce the provisions of this Code and conditions of approval imposed by actions of the Board of County Commissioners, Planning Commission, Hearing Body and/or Planning Department. 2. It shall be the duty of the building official to enforce the provisions of this Code or conditions of approval imposed by actions of the Board,Commission,or the Hearing Body as they only pertain to the licenses or permits issued or required by the Department of Building and Safety. 14.406.040 Violation, A Misdemeanor Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with,or who resists the enforcement of,any of the provisions of this Code or conditions of approval imposed by actions of the Board,Commission,Hearing Body or the Department shall be guilty of a misdemeanor and shall be punished by imprisonment in the County Jail. for a maximum term fixed by the court of not more than ninety(90)days or by a fine in an amount fixed by the court of not more than one thousand(1,000)dollars,or both such imprisonment and fine. Each day that a violation is permitted to exist shall constitute a separate offense. 14.406.060 Cumulative Civil Penalty In addition to or as an alternative to any other penalty provided herein or by law,any person, firm or corporation who violates,disobeys.omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code or conditions of approval imposed by actions of the Board,Commission, Hearing Body and/or Department shall incur a cumulative civil penalty in the amount of fifty(50)dollars per day from the date set forth for correction, pursuant to Section 14.406.080, until the violation is corrected. 14.406.080 Notice of Violation, Assessment of Penalty Whenever the Director finds or determines that a building,structure, premises or parcel(s)of land is being used or maintained in violation of this Code or any conditions of approval imposed by actions of the Board,Commission, Hearing Body or the Department. the Director is authorized to issue a Notice of Violation directed to the owner of record and/or taxpayer and/or to those persons who are engaged in causing or contributing to such violation. If the building or structure is not in conformance with the Uniform Building Code, then tt shall be the duty of the Building Official to require compliance. 1 The Notice of Violation shall contain: a. The name and address of the owner of record and/or taxpayer or other person to whom the Notice of Violation is directed; Chapter 14.406 Zoning Code Printed: November 1998 Page 37 of Spokane County b. The street address, when available,or a legal description sufficient for identification of the building.structure. lot or land upon which the violation is occurring; c. A statement that the Director has found the building,structure, lot or land is being used or maintained in violation of this Code or any conditions of approval imposed by actions of the Board,Commission, Hearing Body or the Department and a concise description of the nature of such violation(s), including applicable Code sections; d. A statement of the action required to be taken, as determined by the Director,and a date for correction, which shall be not less than three(3)weeks from the date of service of the Notice of Violation unless the Director has determined a violation to be immediately hazardous; e. A statement that a cumulative civil penalty in the amount of fifty(50)dollars per day shall be assessed against the person to whom the Notice of Violation is directed for each and every day following the date set for correction on which the violation continues;and f. A statement that the Director's determination of violation may be appealed to the Hearing Body by filing written Notice of Appeal, in duplicate, with the Department within twenty(20) calendar days from the service of Notice of Violation. The Notice of Violation shall be served upon the person(s)to whom it is directed either personally, or in the manner provided for personal service of notices or complaints in Justice Court, or by mailing a copy of the Notice of Violation by certified mail,postage prepaid, return receipt requested. to such person at his last known address. In case of immediate hazards,service shall be by personal service. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person affecting service, declaring time,date and manner by which service was made. 3. A Notice of Violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken pursuant to the provisions of Section 14.412041. The cumulative civil penalty provided for herein shall not accrue during the tenancy of an administrative appeal 4. For good cause shown the Director may extend the date for correction in the Notice of Violation. provided that such an extension shall not affect or extend the time within which an administrative appeal must be commenced. 5. A copy of the Notice of Violation shall be sent to the Building Official if the violation is also a violation of the Uniform Building Code in regard to buildings, structures or their occupancy. 14.406.100 Collection of Civil Penalty The civil penalty constitutes a personal obligation of the person(s) to whom the Notice of Violation is directed. The Prosecuting Attorney,on behalf of the County,is authorized to collect a penalty by use of appropriate legal remedies, the seeking or granting of which except as provided hereinafter shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. Provided, however, the Board of County Commissioners shall request that the Prosecuting Attorney commence appropriate legal proceeding in the Spokane County District Court Small Claims Department to collect the civil penalty owing and due prior to such penalty reaching the jurisdictional limit for small claims department as provided in RCW 1240.010. Chapter 14.406 Zoning Code Printed: November 1998 Page 38 of Spokane County Any and all civil penalties owing and due under the provisions of this section by any person individually in excess of the iurisdictional limit of the small claims department as set forth in RCVY 12.40.010 shall be forfeited unless the Board of County Commissioners requests the Prosecuting Attorney to commence and the Prosecuting Attorney does commence appropriate legal action within small claims department to collect the civil penalties owing and due up to such department's jurisdictional limit. Chapter 14.406 Zoning Code Printed: November 1998 Page 39 of Spokane County _ a This page mnfenhnnally left blank Chapter 14.406 Zoning Code Printed: November 1998 Page 40 of Spokane County Chapter 14.408 BUILDING PERMIT REVIEW Section: 14.408.000 Intent 14.408.020 Criteria 14.408.040 Procedure 14.408.000 Intent The purpose of the Building Permit review is to document compliance of the design of a project with all aspects of this Code and any conditions imposed by approving a zone change,arterial/road map change, variance,conditional use,division of land, binding site plan, or site development plan. 14.408.020 Criteria Before signing off the Building Permit,the Department must find that the proposal: 1. Conforms in all respects to the provisions of this Code, including the use provisions and development standards;and 2. Conforms in all respects to the provisions of any special conditions required by the Board, Hearing Body,and/or Department. 3. Conforms in all respects to the applicable provisions within each NEIGHBORHOOD/COMMUNITY (N/C)OVERLAY Chapter 4. Conforms in all respects to the applicable provisions within Chapter 14.710, ARTERIAL/ROAD OVERLAY. 14.408.040 Procedure The applicant shall submit an overall site development plan(s) including, but not limited to, the detailed specifics of the buildings or structures, landscaping,signs,parking and any other conditions required by this Code as well as any conditions imposed by the Board, Hearing Body and/or Department. The overall site development plan(s)shall be given to the Department along with the application for the building permit from the Department of Building and Safety describing the new construction and/or proposed modifications to the property. When it is determined that the plans comply with all applicable restrictions and conditions under the jurisdiction of the Department, the application for building permit shall be signed off and returned to the Department of Building and Safety. The Building Official shall issue no permits for the construction,alteration, repair,or use of any building or part thereof or change of use thereof or parcel of land unless the building plans and intended use of such building and/or land conforms in all respects with the provisions of this Code and conditions of approval After final inspection or the issuance of the Certificate of Occupancy,the"signed"copy of the overall site development plan(s)shall be the permanent property of the Department of Building and Safety, and a copy shall be sent to the Planning Department. Chapter 14.408 Zoning Code Printed: November 1998 Page 41 of Spokane County This page rntrnhonally left blank. Chapter 14.408 Zoning Code Printed: November 1998 Page 42 of Spokane County Chapter 14.410 CERTIFICATE OF OCCUPANCY Section: 14.410.000 Certificate of Occupancy 14.410.000 Certificate of Occupancy The Building Official shall not issue a Certificate of Occupancy for any project or proposal which has not been constructed or developed in conformance with the provisions of the approved site development plan(s). The site development plans)shall be in conformance with the provisions of Sections 14.408.020 and 14.408.040. Chapter 14.410 Zoning Code Printed: November 1998 Page 43 of Spokane County 2 0470 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF REVISING THE PHASE I ) FINDINGS DEVELOPMENT REGULATIONS,' 1 N.Rifidl ) AND G `RNieSIDIEC7MM N103t740°0 CORRECT ) DECISION MINOR WORDING, TYPOGRAPHICAL AND ) CROSS-REFERENCING ERRORS ) WHEREAS, pursuant to RCW 36.32.120(6),the Board of County Commissioners of Spokane County, Washington, hereinafter referred to as the"Board", has the care of County property and management of County funds and businesses; and WHEREAS, on July 1, 1993 Spokane County was mandated to update its Comprehensive Plan to conform with the requirements of the Growth Management Act and Chapter 36.70A RCW; and WHEREAS,pursuant to the provisions of Chapter 36.70A RCW,the Board adopted a Comprehensive Plan and Capital Facilities Plan for Spokane County on November 5,2001 (BCC Resolution 1-1059); and WHEREAS,pursuant to the provisions of Chapter 36.70A RCW,the Board adopted Phase 1 Development Regulations to implement the Comprehensive Plan on January 15,2002 (BCC Resolution 2-0037); and WHEREAS, in adopting the Phase 1 Development Regulations the Board found the regulations to be consistent with the planning goals of the Growth Management Act (RCW 36.70A.020); and WHEREAS,in adopting the Phase 1 Development Regulations the Board found the regulations to be consistent with WAC 365-195-725 and RCW 36.70A.370,and the regulation did not unconstitutionally infringe upon private property rights;and WHEREAS,in adopting the Phase I Development Regulations the Board found the regulations to be consistent with the Countywide Planning Policies(CWPPs)(BCC Resolutions 94-1719, 96-1205, 97-0297,and 97-0937); and 1 2 0470 • WHEREAS, in adopting the Phase 1 Development Regulations the Board found the regulations to be consistent with. RCW 3630A.140, WAC 365-195-600 and the adopted Public Participation Program Guidelines(BCC resolutions 98-0144 and 98-0788);and WHEREAS, in adopting the Phase I Development Regulations the Board concurred with the Addendum to the Supplemental Draft and Final Environmental Impact Statements(EISs) for the Comprehensive Plan and found the regulations to be consistent with the Washington State Environmental Policy Act(SEPA); and WHEREAS, in adopting the Phase 1 Development Regulations the Board found the regulations to be consistent with and implement the Spokane County Comprehensive Plan, Capital Facilities Plan and the requirements of the Growth Management Act (GMA);and WHEREAS,after adoption of the Phase 1 Development Regulations certain minor wording,typographical and cross-referencing errors were discovered in the Phase 1 Development Regulations; and WHEREAS,the Board desires to correct certain minor wording,typographical and cross-referencing errors that were discovered in the Phase 1 Development Regulations; and WHEREAS,on April 16, 2002, the Board signed a Notice of Public Hearing, Resolution No. 2-0392,providing for sufficient notice announcing the Board's public hearing concerning corrections to certain minor wording,typographical and cross- referencing errors in the Phase 1 Development Regulations; and WHEREAS,after providing at least fifteen(15)days notice,the Board held a public hearing on May 7,2002 to consider public testimony concerning the corrections to the Phase I Development Regulations; and NOW, THEREFORE,BE IT RESOLVED by the Board that,in amending the Phase 1 Development Regulations as contained in Attachments `A' the Board makes the following: 2 04:0 FINDINGS OF FACT #1 Spokane County is required to adopt development regulations that implement the Comprehensive Plan to meet the requirements of the Washington State Growth Management Act,Chapter 36.70A RCW. The Phase 1 Development Regulations consider new development regulations and changes to existing development regulations to ensure consistency and compliance with the Comprehensive Plan and the Growth Management Act. Additional regulations will be adopted in future phases. #2 Consistent with the requirements of Chapter 36.70A RCW,the Board adopted Phase 1 Development Regulations to implement the Comprehensive Plan on January 15,2002 (BCC Resolution 2-0037). #3 After adoption of the Phase 1 Development Regulations, certain minor wording, typographical and cross-referencing errors were discovered in the Phase I Development Regulations. #4 After the required public notice,the Board held a public hearing on May 7,2002,to consider corrections to certain minor wording,typographical and cross-referencing errors in the Phase I Development Regulations. #5 Corrections to the minor wording,typographical and cross-referencing errors as found in Attachment `A' do not change the meaning or intent of the adopted Phase I Development Regulations and are ministerial in nature. BE IT FURTHER RESOLVED, that based upon the findings set forth herein,the Board of County Commissioners of Spokane County does hereby adopt the corrections to the Phase I Development Regulations for Spokane County as shown in Attachment `A'. • i 0470 -_ -' BE IT FURTHER RESOLVED, that the Clerk of the Board is directed to publish a notice of adoption pursuant to RCS' 36.70A.290(2), BE IT FURTHER RESOLVED, that the Clerk of the Board is directed to send a copy of the corrections to the Phase 1 Developmcir Regnlatfons as contained in Attachments 'A' to the Washington State Office of Community Development pursuant to • - RW 36.70A.106 within 10 days of adoption. ADOPTED BY THE BOARD this BOARD OF COUNTY COMMISSIONERS 7j clay of id of _1112, OF SPOKANE COUNTY, WASHINGTON ,= x x o cow ff, ' ' ATTEST: - ` . VICKY M. DALT Alk M Kate c C:7 Chair CLERK OF THE B s . "-4.11'• 121164(-1:Fr ilk • / C.„, BY: / * ip 1 El)skelley, Vice-chair Y aniela Erickson, Deputy 1 , Harris, Commissioner • • • 2 0470 Attachment A Phase I Development Regulations implementing the Spokane County Comprehensive Plan Correcting Minor Wording, Typographical and Cross-Referencing Errors Revisions to the adopted Phase 1 Development Regulations are illustrated by shaded Wit and underline s. Section 1. Revision to Zoning Map Designations. Spokane County zoning map designations and text are modified and amended per the following crossover matrix. The matrix compares comprehensive plan categories (column A) to existing zoning map designations (column B)and then prescribes revisions to the zoning map (column C). The matrix shall be used to interpret and define zoning map designations. Conditions of Approval or Other Special Requirements The Crossover Matrix and zoning map revisions do not eliminate conditions of approval or other special requirements for zone map designations established through past zoning actions. In cases where there is a conflict between a zoning standard and a condition of approval or other special requirement, the more restrictive standard will apply. Transitional Provisions Existing Zoning-Within the Urban Growth Area Boundary,the utilization of the existing (old)zoning map designations shall be allowed for commercial and industrial zones for one year from the date of adoption of this ordinance (adopted January 15, 2002). Zone Reclassification Applications-Within the Urban Growth Area Boundary,any zone reclassification application that does not comply with this ordinance but is considered counter complete prior to the date of adoption of this ordinance, shall be allowed to proceed with the reclassification process under the Comprehensive Plan and land use regulations in place at the time the application is made. If approved,the zone reclassification shall be effective for one year from the date of final approval and building permits must be applied for during this time. At the end of the one-year period,the zoning shall crossover to the new Zoning Map Designation per the crossover matrix. Variances and Conditional Use and Special Permit Applications-Within the Urban Growth Area Boundary; any conditional use, variance or special permit application which does not comply with this ordinance but is considered counter complete prior to the date of adoption of this ordinance, shall be allowed to proceed with the application process under the Comprehensive Plan in place at the time of the application. If approved, the conditional use,variance,or special permit shall be effective for one year from the date of final approval. During this one-year period,building permits must be applied for and uses must be established consistent with the variance, conditional use or special permit. Mining Zones The Transitional Provisions relating to Existing Zoning and Zone Reclassification Applications within Section 1 do not apply to Mining zone designations. Mining zones shall be immediately crossed over to the New Zoning Map Designation,per the crossover matrix, upon the effective date of this ordinance. These transitional provisions do not exempt a use from any Zoning Code text amendment adopted by the Board of County Commissioners. 43'' YJiSi:�i Sias. The matrix works as follows: A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation The property's Land Use And the zoning designation under Then the zoning map designation Category under theEEW the existing zoning map becomes: Con!,Plan is as below. Urban Residential Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Urban Residential-3.5(UR 33) Existing zone map designations Urban Residential-7(UR 7) retained Urban Residential-12(UR-12) Low Density Urban Residential-22 jUR-22) ___ Residential All other existing zone map Urban cResidential-7(UR-7)• designations Urban Residential-7(UR-7),and Existing zone map designations Urban Residential-12(UR-12) retained Medium Density Urban Residential-22(UR-22) Residential All other existing zone map Urban FResidential-7(UR-7) designations Urban Residential-22(UR-22) Existing zone map designations retained High Density Residential All other existing zone map Urban Residential-22(UR-22) designations •UR-7 may be used as an implementing zone but density for new development shall not exceed 6 dwelling units per acre. Chapter• RO 7 Prcnied? e W064 Urban Residential Categories - Continued A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Mixed Use All existing zone map Existing zone map designations designations retained Urban Activity Center All existing zone map Existing zone map designations (UAC) designations retained Community Center Neighborhood Center Urban Commercial/Industrial Categories A li C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Regional Commercial All existing zone map Existing zone map designations designations retained Community All existing zone map Existing zone map designations Conunercial designations retained Neighborhood All existing zone map Existing zone map designations Commercial designations retained Light All existing zone map Existing zone map designations designations retained Heavy Industrial All existing zone map Existing zone map designations designations retained T:£aii All existing zone map Existing zone map designations designations retained • tom',,7ik o ing'3r+ ode Ki o 'tpvka czati Rural Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation All Comprehensive Plan Industrial or commercial zones Existing zone map designations categories outside the that meet the criteria established retained. Includes parcels UGA in Comprehensive Plan Policy 03011.9601,05243.0108, RL.5.6 14163-9601,15272.0102, 28144.9088,28144.9089, 55224.0403,and 56353.9223. General Agricultural(GA) Existing zone map designations Mining(Mad) retained Rural Traditional All other existing zone map General Agricultural(GA) designations Regional Commercial(B-3), Existing zone map designations Community Commercial(B-2), retained Neighborhood Business(B-1), Industrial Park(1-1),Light Industrial(1-2),Heavy Industrial Rural Traditional (1-3). Within a Small Town UGA All other existing zone map General Agricultural(GA) designations Rural-5 All existing zone map Rural-S(R-5) designations (New Zoning Category) Existing zone map designation Mining(MZ) retained Rural Conservation All existing zone map Rural Conservation(RC) designations (New zoning category) _egt,•!:>•tiFA Paxa 7onina Code df r SniiLido County Rural Categories - continued A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Limited Development All existing zone map Existing zone map designations Areas designations retained (Residential and Commercia ) Rural Activity Centers All existing zone map Existing zone map designations designations retained Urban Reserve All existing zone map Urban Reserve(UR) designations (New zoning category) Resource Land Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation General Agricultural(GA) and Existing zone map designations Mining(MZ) retained Small Tract Agriculture All other existing zone map General Agricultural(GA) designations Large Tract Agriculture All existing zone map Exclusive Agriculture designations Forest T;and All existing zone map Existing zone map.designations designations retained Heavy Industrial(1-3) Mining(MZ) Mineral Land All other existing zone map Existing zone map designations designations retained 10.1 Wage- :•",.otalad eZ .it L.. Section II. Zone Reclassification Applications. Applications for amendments to the Spokane County zoning map initiated under Section 14.402.100(1)of the Zoning Code shall be limited to reclassifications that are consistent with the comprehensive plan category and associated implementing zone as provided in the table below. y ,aj�, ..,.,..,...., :, •,: ;,.;•: �• fir.,:.: ,::.<.;.,,.•. _ • • -.•.\�.k}��:K� Y � � Y�•' �'r Yr'i Y1�- 1Y •:).i:.i:'•-.yI.,;�.�i�:il: •,.. .,'_" ..?4S4��.3,..;Yf 5=i� :Com Ehiensive Plan Categoryr '' Implementing • Spokane County Zo .':,Code:•r` Y. 1� Y y:.' '2 "•.. : r f�1 _• •l A'1 Low Density Residential Urban Residential-3.5(UR-33) Urban Residential-7(UR-7)` Medium Density Residential Urban Residential-7(UR-7) Urban Residential-12(UR-12) Hi_ Density Residential Urban Residential-22 UR-22) Mixed Use Urban Residential-12(UR-12) Urban Residential-22(UR-22) Neighborhood Business(B-1.) Community Business(8-2) Industrial Park(1-1) Urban Activity Center Urban Residential-22(UR-22) Community Center Neighborhood Business(B-1) Communi Business(13-2) Regional Commercial Regional Business(B-3) Community Commercial Community Business(8-2) Neighborhood Commercial Neighborhood Business(B-1) Neighborhood Center Community Business(13-2)** Light Industrial Light Industrial(I-2) Hee. Industrial Heav Industrial(1-3) *UR-7 may be used as an implementing zone but density for new development shall not exceed 6 dwelling units per acre. "'Approval of the Community Business(13-2)zone shall be limited to the restaurant(alcoholic)use as allowed in the Community Business matrix under Chapter 14.623 except that separate bars or bar areas are prohibited. The Hearing Examiner may stipulate conditions and restrictions including but not limited to the following:control of use,setbacks,landscaping,hours of operation,noise,odor,or other environmental impacts. Cheater of 78 Piii ted: gage Code 6731'- ti ■ ;"In r.•.. -1 Zone Reclassification Applications-continued ^''�"mprEvy'rnc � a r �itC { .ta y r.f� ; rY ,SAN r'C few a t,� � 2 hrii�" }>• y 9 a ' � d y YJ r ' Rural Traditional General AgriculturR(GA) Conservation Mining Rural-5 Rural-5(R-5)(fleTII zone) Rural Conservation Rural Mining Small .riculture General Ag Mining Large Tract Agricultu:re Exclusive Agricultural(EA) Forest Land Forestry Zone(FZ) Mineral Land Mining(MZ) Commercial/Industrial Neighborhood Business(B-1) Limited Development Area Community Business(B-2) Light Industrial(1-2) Residential Urban Residential-3.5(UR-3.5)through Urban Limited Development Area Residential-12(UR-12) Rural Activity Centers Rural Settlement(RS) Urban Reserve Urban Reserve(UR)(new zone) • 11' r fitirt; `F n_ 1 1 - . ;�'•'1'SC::�.1'? rp{..►...r-5y,.,..Y�'. _ •`•a.y - - . _ • +• :�Nsu:'r�ri''.iyF'^ ida+� ".,ik%pf:'`4a.-:I.'. ?Y^\!• v:YJ.`•'.[i.. • •••ta^ �xx:�tt'R^'A.tr•+Z;^"'r:"a. Chapter 14.824 RURAL CLUSTER DEVELOPMENT Section: 14.824.000 Purpose 14.824.020 Definitions 14.824.090 Applicability 14.824.060 Process 14.824.080 Performance Standards 14.824.100 Density 14.824.120 Residential Clusters 14.824.140 Remainder Parcel 14.824.160 Open Space Management Plan 14.824.000 Purpose The purpose of this chapter is to provide for rural cluster developments(RCDs)which encourage the grouping of residential lots on areas of the site that are best suited for development. The remainder of the site may then be used for open space or,in the case of urban reserve areas, explicitly designated for future development. Appropriately designed RCDs can preserve active agricultural and forestry uses. They can also provide a mechanism to maintain sensitive environmental areas as open space. In many cases RCDs minimize impacts to necessary public services by decreasing the roadway needed to serve a development and by allowing for shared utilities. Rural fire protection may also be enhanced through the clustering of homesites. RCDs implement the Rural Element of the Spokane County Comprehensive Plan,particularly the provisions for utilizing innovative development techniques and incentives to conserve open space. 14.824.020 Definitionsi 1. "Residential Cluster"shall mean a grouping of residential lots within a rural duster development which share a common outer boundary. A residential cluster may include lots on both sides of a public or private road. 2. "Remainder parcel,"shall mean the remainder parcel of the cluster subdivision that contains the majority of the land within the development and is devoted to open space,wildlife habitat,resource uses,future urban development,or other authorized use. 14.824.040 Applicability{ Rural cluster developments(RCDs)are permitted within the zoning classifications of Rural Conservation(RC), Rural-5(R-5),Urban Reserve(UR)and General Agriculture(GA);except that for General Agriculture(GA)zones,RCDs shall only be permitted when located within the Rural Traditional category of the Spokane County Comprehensive Plan. 14.824.050 Process+ A rural cluster development shall comply with all applicable provisions of the Spokane County Subdivision Ordinance and Zoning Code,as amended. The preliminary plat for a rural cluster development(RCD)shall illustrate compliance with the requirements of this Chapter and the concept of the development and the uses allowed shall be binding. Pago : ' c O polrane.Coimty 14.824.080 Performance Standards Prior to the issuance of a land use action,evidence of compliance with the provisions of Sections 14.824.100 thru 14.82444, and compliance with the requirements of the underlying zone,shall be provided to the Division. 14.824.100 Densitvi I. Maximum density for rural cluster developments shall be one(1)unit per ten(10)acres in the General Agricultural (GA)and Rural Conservation(RC)zones;and one(1)unit per five(5) acres in the Urban Reserve(UR)and Rural-5(R-5)zones. 2. The remainder parcel may include one existing residential dwelling unit or may be restricted to open space or other nonresidential uses as specified in the open space management plan and allowed within the underlying zoning category. If a residence is located on the remainder parcel,it shall be counted as a residential unit within the total allowed residential units for the subdivision. 14.824.120 Residential Clusters! Prryart Rminrtagr 1. Within a residential cluster there shall be a minimum . ` luster of two(2)and a maximum of eight(8)lots. A LLots 2. Residential clusters shall be physically separated VA 1 from one another by open space buffers. The - minimum buffer between residential clusters shall be Open Space ` 300 feet. The buffer width may be reduced if the ¢ 1 requirements of 14.824.120(3)cannot be achieved. . n - so 3. Residential clusters shall be sited to retain rural • character and minimize conflicts between dwelling - " units,adjacent agricultural/forest lands,shorelines, Open Space �� and critical areas. Cluster r Lots 1 4. The requirements of 14.824.120(1)(2)above shall not Rnad apply to rural duster developments within the Urban Reserve category provided 85%of the site is retained Conceptual Site Plan as open space. Size: 100 acres -Lot size:2 acres per lot Number of lots: 10- 80% open space 14.824.140 Remainder Parcel' 1. Remainder parcels shall be designed to best accommodate their intended open space use (small scale agriculture/forestry,habitat,or future urbanization).The use of the remainder parcel shall be consistent with the purpose and intent of this chapter and the underlying zone category and shall be specified in the open space management plan. A reference shall be placed on the face of the plat and a title notice shall be recorded that clearly states that only the use(s)defined in the open space management plan are permitted on the remainder parcel. l d�k ei S Elie eSi ►rit 2. In the Rural Conservation(RC),General Agricultural(GA),and Rural-5(R-5)zones the remainder parcel shall be permanently protected as open space. 3. The remainder parcel shall contain to the maximum extent possible forested areas,prominent hillsides,meadows,ridges and environmentally sensitive areas. 4. The remainder parcel must have feasible,legal access to public roads. 5. The remainder parcel within a rural cluster development(RCD)shall include a minimum of 70%of the total site area. 14.824,360 Open Space Management 1. An open space management plan is required for the remainder parcel. The plan shall be submitted and approved with the preliminary plat application. The plan shall include: a. Details concerning ownership,tax liability,and responsible parties for maintenance of open space; b. Use of the remainder site,which shall be in accordance with the Zoning Code; c. Details concerning permanent protection of open space if located in the Rural Conservation(RC),General Agricultural(GA),or Rural-5(SRR-5)zones; d. Details on interim use if located in the Urban Reserve zone; e. Details on maintainence of the open space,including control of noxious weeds;and f. Any construction activities(trails,fencing,agricultural buildings)and vegatative clearing that may occur on site. 2. All subsequent activities must be conducted in conformance with the approved open space management plan. Open space management plans may be modified through amendment procedures within the zoning code and/or a plat alteration,but in no case shall perpetually dedicated open space be revoked. 3. The open space management plan,as described above,shall be referenced on the face of the final plat and shall be filed as a title notice. 4. If the remainder parcel is within an urban reserve area,the following title notice shall be filed on the property and adjacent properties and the wording shall additionally be placed on the face of the plat: Lot ,Block of is an open space parcel reserved for future development when the Urban Growth Area Boundary is expanded to include the open space parcel. Future development of this parcel may include small lot residential uses and/or commercial/industrial uses commonly found in an urban area, The open space parcel is not intended to be preserved in perpetuity. 5. Applicants for rural cluster developments shall be encouraged to review Spokane County's Open Space taxation program for applicability to their development. 1$11tv"r'r•, 4474778 A, a Zonine Code Of.Siikane County • r.�•fr YON MYR".•%FLbC/fl. -'Wli..��y�" .+... rialagggia .?Ai""✓:rycw'l.tX 7.� 7W l+ -.rte{ JtT...?t...ctr . Chapter 1.4.6068 RURAL-5(R-5)ZONE Section: 14.608.100 Purpose and Intent 14.608.210 Permitted Uses 14.6069.220 Accessory Uses 14.6085.230 Prohibited Uses 14.6089240 Conditional Uses 14.608300 Development Standards 14.6084302 Rural Cluster Development 14.6089.305 Density 14.6089310 Minimum Lot Area 14.6089315 Minimum Frontage r. 14.608.320 Minimum Lot Width 14.6069.325 Minimum Yards 14.6089330 Maximum Building Coverage 14.6089335 Maximum Building Height 14.608.340 Parking Standards 14.6069345 Signage Standards 14.6089.350 Landscaping Standards 14.608355 Storage Standards 14.6089.100 Purpose and Intent The purpose of the Rural-5(R-5)zone is to implement the Rural Element of the Comprehensive • Plan and the Rural-5 designation on the Comprehensive Plan Land Use map. Areas zoned R-5 are located outside the Urban Growth Area and outside of designated agricultural,forest and mineral lands. The R-5 zone is a low density zone that allows residential development at a density of one(1) dwelling unit per five(5)acres. Clustering of residences onto lots smaller than five acres in size is also permitted in accordance with the clustering provisions of this Code. Nonresidential and accessory uses appropriate in the R-5 zone include small farms,large animal keeping,and home industries. Opportunities exist for farming and forestry activities which do not qualify for natural resource land designation. Typically,areas zoned R-5 will be served by individual wells,on-site wastewater disposal, volunteer fire departments and lower levels of police protection. The provision of public water may be appropriate in some areas zoned R-5. Some areas zoned R-5 may include pre-existing residential development already served by public water and sewer. 14.6080.210 Permitted Uses Hereafter in the R-5 zone no building,structure or improvements,or portion thereof,shall be erected,constructed,converted,established,altered or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.605, the a fial Zones Matrix,and the requirements of Chapter 14.416. In addition,the following specific standards are required for the following permitted uses: �.4111.2-9.2.• .o• A. Residential Uses 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824. B. Public and Semipublic Uses 1. Community hall,club or lodge,provided that it is related to local community social activities. 2. Golf course a. A minimum lot area of fifteen(15)acres. 3. Public utility transmission facility,provided that: a The utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; b. All support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground;and c. The height of the structure above ground does not exceed one hundred twenty-five (125)feet. 4. Tower-The Director shall review and approve building permits for towers in accordance with the following safety standards: a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve _ (12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating"blade diameter"to a"throw trajectory"based on the following scale: Blade Diameter(ft.) 5 10 15 20 30 35 40+ Radius of Impact Area (ft.) 100 165 220 270 340 365 385 d. Before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. 5. Community transit center,provided that a. The site has adequate paved parking to handle anticipated riders;and b. Ingress and egress is adequate based upon the County Engineer's review and approval. 6. Park-and-ride facility,provided that a. The site has adequate paved parking to handle maximum anticipated daily riders; and b. Ingress and egress is adequate for buses and autos based upon the County Engineer's review and approval. 44-4-74 Zonine Code getSpokane County 7. Noranotoriz,ed vehicle trail system, provided that: a. The trai.l is adequately marked/signed for its intended use b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and e. The trail follows existing trail easement or right-of-way as much as feasibly possible. C. Agricultural, Silvicultural and Agriculture=re.Iated Uses 1. Agricultural products sales stand,provided that: a. The stem is not more than three hundred(.300)square feet; b. Sales are limited to agricultural products,most of which must be produced on premises;and c- Off-street parking shall be required. 2. Animal raising and/or keeping,provided that the following standards are met_ a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard. runway,pen or manure pile shall be no closer than filly( )feet,in the case of swine • two hundred(200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b- Sanitary Conditions-. Structures,pens,yards,and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined by the Spokane Regional Health District. c. Equivalency U nits: One(1)horse,mule,donkey,burro,llama,bovine or swine (livestock unit)shall be equal to two(2) goats or sheep. d- Density Requirements; i. Large animals: Three(3)livestock units per gross acre. iii. Small Animals: One (1)small animal or fowl per two thousand(2,000)square feet. 3- Gasohol plant for personal use only;no commercial sales permitted. • 4. Airstrip, personal for one(1)aircraft only,provided that a. ?or ultratight vehicles,a n iini„um unobstructed runway area of one hundred fifty (1$0)feet in width by six hundred(600)feet in length is provided. b. For singlet-engine aircraft a minimum unobstructed runway area of two hundred (200)feet in width by fifteen hundred(1,500) feet in length is provided; c, For multiengine aircraft a minimum unobstructed runway area of two hundred(200) feet in width by two thousand (2•000)feet in Length is provided.;and d. All storage of fuel will be at a minimum seventy-live(75)feet from the runway's hard surface and in accordance with the Uniform Fire and I:5n ding Codes- • 5. Animal,Wildlife Rehabilitation or Sienti,frc Research Facility provided that: a. The facility shall be licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. o �� • 6. Zoological Park,provided that: a. The minimum lot area is five(5)acres. b. Such facility shall belicensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 14.6089.220 Accessory Uses All accessory uses,buildings and structures ordinarily appurtenant to any of the uses allowed in this zone under the�MR esldert�G 7 Zones Matrix are permitted including: 1. Community recreation facility,when approved and identified within a site development plan or building plan; 2. Home profession,provided that a home profession permit is obtained; 3. Solar collector and associated systems; 4. Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area (that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-half (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured an easement(s)for all property in the tower's impact area if not entirely on his/her ownership. Such easement(s)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/buildingg of the property. 5. Accessory Structure(s)are permitted under the following provisions: a. For a Lot Size of: Total Combined Footprint of Structure(s)Allowed i. Less than 30,000 sq.ft. 1,000 sq. ft.or 10%of lot size whichever is greater ii. 30,000 sq.ft.to 1 acre 3,000 sq.ft. Greater than l acre to 2 acres 4,000 sq.ft. iv. Greater than 2 acres 10%of lot size b. One accessory structure not exceeding 1,000 square feet,shall be permitted prior to the construction of a primary use. This structure is not for residential occupancy,business, commercial,or industrial use. Cha ter ^ 1-Sef 78 Ofs:Spokane.Co`uitty j 6. One manufactured(mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14.300.100,provided that: a. The manufactured(mobile)home shall be as defined in Chapter 14.300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Area: 25,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. c. The placement of the manufactured(mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured(mobile)home may be prohibited by these conditions. d. A separate written statement by both a licensed physician and the care-provider stating that the person(s)in question is physically or mentally incapable of caring for themselves and/or their property shall be submitted with the application. The Division shall supply forms suitable to meet this written requirement. e. The manufactured (mobile)home shall be occupied by either: i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s) owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty(180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care. g. A statement shall be recorded in the County Auditor's office by the Division suing that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. h. The permit shall be granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. i. Only one dependent-relative manufactured (mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider may be administratively changed upon written application to and approval by the Division. Any change in dependent relative(s)requires processing of a new permit,consistent with current standards;that is,no non-conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. L All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). f5f�kane.Go fi tv 7. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed twenty(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is painted or finished in such a manner to match the existing structure in which it is placed upon,if possible. 8. Caretaker's residence provided that it is limited to the duration of need associated with the custodial,maintenance or overseeing of the owner's property,buildings and/or use. 14.6089.230 Prohibited Uses All uses not specifically authorized in the R-5 zone are prohibited,including,but not limited to, the following: 1. General industrial use; 2. General commercial use;and 3. Mining. 14.6089.240 Conditional Uses Those uses designated as conditional uses within the R-5 zone on the 'dental Zones Matrix, Chapter 14.605,may be permitted,provided that a conditional use permit authorizing such use has been granted,as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met: 1. Airstrip,private,provided that: a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty(150) feet in width by six hundred(600)feet in length is provided_ b. A minimum unobstructed runway area of two hundred fifty(250)feet in width by fifteen hundred(1,500)feet in length is provided for single-engine aircraft; c. A minimum unobstructed runway area of two hundred fifty(250)feet in width by two thousand(2,000)feet in length is provided for multiengine aircraft; d. It is located and/or designed with full consideration to its proximity to,and effect on, adjacent land uses; e. That its exterior property ownership boundaries are at least one quarter(1/4)mile from any LDR,MOR and HDR r e e Co"iztipr'eheni ive Plan classifications; f. All storage of fuel will be at a minimum one hundred(100)feet from the runway's hard surface and in accordance with the Uniform Fire and Building Codes;and g. Any other conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare to the nearby residences as well as the general public. 2. Cemetery,provided that: a_ Minimum lot area is twenty(20)acres; b. It does not isolate portions of the neighborhood from the balance of the neighborhood; c. It would not prevent the extension of streets important to circulation within the neighborhood;or d. The cemetery property shall be at least five hundred(500)feet from any existing dwelling,except a dwelling of the cemetery owner or employee; e. No building shall be erected in the cemetery within two hundred(200)feet of any property line of the cemetery; Ciiiaker•• ; e€.T e tit d Potriiie.Code t')f'`Stiokaiie•�CFiiinty axes f. No graves shall be located closer to any property line than the required front yard • and/or flanking street yard setback of the zone in which the property is located; g. Points of ingress and egress shall be approved by the Division and the County Engineer, or if on a state highway,the district State Highway Engineer; h. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division,County Engineer and the Hearing Examiner; i. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the Spokane Regional Health District and the Department of Health;and j. All cemeteries shall comply with RCW Chapter 68. 3. Kennel,provided that a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept; b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant; c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred(300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site; d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Examiner to serve as a visual and noise abatement buffer; e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 am; f. One off-street parking space shall be provided for each ten(10)animals kept on the premises; g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii_ the advisability of renewing such permit; h. The applicant shall submit adequate information to aid the Hearing Examiner in determining that the above standards are satisfied prior to the public hearing;and i. Those conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare of the nearby residences. 4. Animal clinic/veterinary,large and/or small: a. Small animals: A minimum lot size of fifteen thousand(15,000)square feet with one hundred twenty-five(125)feet of frontage on a public street. b. Large animals: A minimum lot size of one(1)acre with one hundred twenty-five(125) feet of frontage on a public street. c. Small animals: Treatment rooms,cages,yards,or runs are to be maintained within a completely enclosed soundproof building of such construction that no animal noise may be audible at the property line. Said building shall be designed as to create an exterior appearance compatible to adjacent surroundings. d. No boarding of animals not under treatment will be permitted,either inside or outside the clinic building,and the operation of the clinic shall be conducted in such a way as to produce no objectionable odors or noise outside its walls,or other nuisance or health hazard. e. Off-street parking,lighting,and landscaping shall be developed in such a manner as to create minimal impact on adjacent residential properties. Off-street parking areas shall fiW;� Ott �`1.•1q not be located within front or flanking street setback areas and shall not be illuminated. Signs must be attached to the building,be unlighted,and not over twelve(12)square feet in size. 5. Home industry,provided that: a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory, detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; d. One(1)sign identifying the home industry is allowed, and it shall be unlighted,have a maximum sixteen(16)square feet on a face, and may be attached or detached; e. Window or outside displays may be allowed as approved by the Hearing Examiner; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession or craft; g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC-173-60 regarding noise;and h. Parking,traffic,and storage requirements shall be as approved by the Hearing Examiner. i. All storage areas shall be enclosed or completely screened from view by a maximum six (6)-foot-high sight-obscuring fence meeting accessory use setback requirements. 6. Winery,when associated with a vineyard on the same site. 7. Private kennel,provided that a. Minimum lot area is one-half(1/2)acre; b. No more than ten(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site; c. Outside runs or areas shall be not less than three hundred (300 feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six (6)-foot sight-obscuring fence,board-on-board or cyclone with slats; d. The structure(s)housing the animals shall be large enough to accommodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation; e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m; f. Landscaping for screening and noise abatement may be required by the Hearing Examiner in addition to sight-obscuring fencing; g. One off-street parking space shall be provided for each eight(8)animals kept on the premises; h. A kennel license and inspections shall be made by the Spokane County Animal Control. i. Advertising,signs,lighting and parking plans shall be approved by the Hearing Examiner; j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii. the advisability of renewing such permit; k. The applicant shall submit adequate information to aid the Hearing Examiner in determining that the above standards are satisfied prior to the public hearing;and 1. Those conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare of the nearby residences. 8. Conditional accessory unit,subject to the requirements of Section 14.816. 0,-4,11111. t1 "r r Pane Zoning Code• Of`•Snokane COtiniy f ' 9. child day-care center,provided: a. Any outdoor play areas shall be completely enclosed to a minimum height of six (6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 10. Inherently dangerous mammal and/or inherently dangerous reptile keeping provided that; a. The rniniiBnom lot area is five(5) acres; b. The inherently dangerous mammal and/or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency;and c. The atom/keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school, daycare center,church.,and public park as defined in this code. 11. High School,Junior College,College or University-Public and Private, provided that the following can be demonstrated by the submittal of necessary documents or studies_ a. A minimum lot area as follows. i. High school -as required by WAC 1826-020(2)as it presently exists or as it may be hereafter amended; ii. JUT-60r college-thirty (30) acres; iii. College or university -forty (40)acres_ b_ Direct,primary vehicular access is provided by a state highway or county arterial_ c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washing Iort State Department of Transportation., which analysis/study, among other items,shall discuss ingress and egress to the site fon faculty and student vehicles as well as buses_ The analysis/study shall investigate, discuss and recommend mitigation measures,inducting;their tiatirsf;with respect to road and traffic improvements necessary to 0.ccoirrEnoaate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well, e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility_ f_ The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the seIection of the site, which criteria shall include minimally those set forth in VyrAC Chapter 180-26-4020,and that the proposed site is one of the highest-rated sites. 14.64§,3013 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.6003*thru l4.60 .355,when applicable,shall be provided to the Division. • 74.6089.302 Rural Cluster Developments Rural cluster developments within the R-5 zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.60 .305 Density The maximum density of dwelling units in the R-5 zone shall be one(1)dwelling unit per five(5) acres. There shall be no density bonus,as identified in Chapter 14.704,allowed in this zone. 14.60$9.310 Minimum Lot Area The minimum lot area for residential units in the R-5 zone shall be five(5)acres per unit except for Rural Cluster Developments,which shall require a minimum lot area of one(1)acre per dwelling unit provided that the overall density for the site shall not exceed one(1)residential unit per five(5)acres. The minimum lot area for all other permitted uses shall be one(1)acre unless otherwise specified. 14.60$9.315 Minimum Frontage 1. The minimum frontage for residential units in the R-5 zone shall be two hundred forty(240) feet on a public street unless units are clustered per the Rural Cluster Development provisions,in which case the minimum frontage shall be one hundred twenty-five (125)feet on a public street. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five(125)feet on a public(private)street. There is no minimum frontage for permitted uses that do not have a structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public street shall equal the minimum right of way or easement width as required by the Spokane County Road Standards,as amended. 14.6089320 Minimum Lot Width The minimum lot width for all uses in the R-5 zone shall be the same for the entire depth of the lot or parcel as the minimum frontage requirements in Section 14.6082.315(1). 14.6089.325 Minimum Yards The minimum yards and setbacks for permitted and accessory uses in the R-5 zone shall be as follows: A. All Uses Except Accessory Uses 1. Front Yard: A minimum twenty-five(25)foot setback from the lot front line. 2. Side Yard: Each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: A minimum twenty-five(25)-foot setback from the existing lot line. 4. Rear Yard: The minimum rear yard shall be twenty(20)feet. B. Accessory Uses • 1. Front Yard: A minimum twenty-five(25)-foot setback from the lot front line. . 2. Side Yard: Structure Height(at peak) 0-15 feet=5 feet Pan _ 2.pn i Codc Of S `l�Xie'CotiutY :::"`:' �b�i'r�,-'rte• —...,.t2C. ' �� Over 15 feet=5 feet plus one(1)additional foot for each additional foot of structure height over 15 feet. .3. Flanking Street Yard: A minimum twenty-five(25)-foot setback from the existing property line. 4. Rear Yard: Structure Height(at peak) 0-15 feet=5 feet Over 15 feet=5 feet plus one(1)additional foot for each additional foot of structure height over 15 feet. 14.60P.330 Maximum Building Coverage The maximum building coverage in the R-5 zone shall be twenty-five percent(25%)of the lot area,unless the lot is clustered per the provision of the Rural Cluster Development chapter,in which case the maximum building coverage shall be thirty-five percent(35%)of the lot area. 14.6014.335 Maximum Building Height The maximum height of buildings or structures in the R-5 zone shall be thirty-five(35)feet, provided that for farm and farm accessory buildings the maximum height shall be forty-five(45) feet. 14.609340 Parking Standards Parking standards for uses in the R-5 zone shall be as provided in Chapter 14.802. 14.6119.345 Sienage Standards Signage standards for uses in the R-5 zone shall be as provided in Chapter 14.804. 14.610.350 Landscaping Standards Landscaping standards for uses in the R-5 zone shall be as provided in Chapter 14.806. 14.611:4 355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building or shall be screened from view from the surrounding properties and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight- screened year-round from a non-elevated view with a fence,maintained Type I or 11 landscaped areaDr maintained landscaped berm.Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. Type I and II landscaping are described in Chapter 14.806. ;arm O 5�,• �r.,iu�;s 1•, •.-1": •_• OiL xY d v.q# Y. r.:i,IFZ•CC ;‘,.,..•••c—W.. � . ,:c,. .awf t�D Chapter 14.605 Wil".EWAr7-1 7:111A .l.t∎ . *-,•• rj.V... Section: 14.605.020 Use-Residential 14.605.040 Use-Public and Semi-Public 14.605.060 Use-Agricultural,Silvicultural,and Agriculture Related 14.605.080 Index of Letters and Symbols 14.605.020 USE-Residential R-5 Accessory Structure(s) P-Acc(1) Caretaker's residence P-Acc 1 Cluster Development Rural P(1) Clustei'd Housing UP only Community residential facility (8 or less residents) Community residential facility (greater than 8 residents,no more than 25 residents) N Community treatment facility (8 or less residents) N Community treatment facility (greater than 8 residents,no more than 20 residents) N Conditional accessory unit CU(1) Crisis Residential Center (8 or fewer residents) Crisis Residential Center (greater than 8 residents,no more than 20 residents) N Density bonus(under Chapter 14.704) N Dependent relative manufactured(mobile)home P-Acc. Dormitory P Duplex Fraternity,sorority Halfway House (8 or fewer residents) N Halfway House (greater than 8 residents, no more than 20 residents) N Home industry CU Home profession P-Acc. 4 Household pets P Manufactured(mobile)home P(2) Page Of'•Spokane.Coimiv Manufactured (mobile)home park N Multifamily dwelling N Nursing home,convalescent home N Prison,jail, or institution N 1. Maximum security 2. Minimum security 3. Work release 4. Correctional facility Private repeater facility P Retirement/elderly apartment building N Se�`u�' RG�?ti�I�rtt�al YTf�`l�d�` � �vr 'r�c�liu;ttu�v 1ZeEY?2Ea"1�(i�f1t9T Single-family dwelling,new Single-family dwelling, expansion or accessory structure P Solar collector and associated systems P-Acc. Transitional community facility (8 or less residents) N Transitional community facility (greater than 8 residents,no more than 20 residents) N Tower,private P-Acc(1) Other uses may be permitted in accordance with section 14.604.160. 14.605.040 USE-Public and Semi-Public R-5 Adult entertainment establishment N Adult Retail Use Establishment Archery,rifle,gun,pistol ranges/clubs Auto wrecking,Junk and salvage yards N Billboard Business or professional office N Cemetery CU Church and parsonage P Commercial composting storage/processing N Community hall,club,or lodge P(1) Community recreational facility Community transit center P(1) Child day-care center CU Child day-care center(in or on a church or a public or private school site) P-Acc. Exercise facility/gym athletic club N ,c:. AB!> tfA Family day-care provider Fire station Golf course P(1) Golf driving range/training center Hospital P incinerator Landfill Library P Medical Office Nonmotorized vehicle trail system P(1) Nursery school P Park-and-ride facility P(1) Park,public(including caretaker's residence) P Post office P Public utility local distribution facility Public utility transmission facility P(1) Racetracks(horses,dogs,autos, go-carts,snowmobiles, off-road vehicles, motorcycles) N Recreational area,commercial N Sanitarium CU Schools-public and private 1. kindergarten P 2. elementary 3. middle P 4. junior high S. high CU 6. junior college - CU 7. college or university CU 8. Expansion of existing P public or private schools or addition of accessory structure on adjacent property Sewage sludge land application Solid waste hauler N Solid waste recycling/transfer site N Solid waste recycling/transfer site,private N Tower Pll Vieletibiai^d Wireless Communication Antenna Array P-Acc 1 Wireless Communication Support Tower Other uses may be permitted in accordance with section 14.604.160. I Minter 25`'tif 7S 1>4ticed' • P e ZoiiiagNie— O�-Spol�ie�:otiiity 14.605.060 USE-Agricultural,Silvicultural,and Agriculture-Related R-5 Agricultural processing plant, warehouse P Agricultural sales product stand P 1 Airstrip for crop dusting and spraying Airstrip,personal fall Airstrip,private CU Animal clinic-veterinary- large and small animals CU Animal clinic-veterinary- small animals CU Animal,Wildlife Rehabilitation or Scientific Research Facility P(1) Animal raising and/or keeping P 1 Beekeeping,commercial P Beekeeping,hobby Circus Cultivation of land commercial P Dairy Farm machinery sales&repair Feed lot T' Feed mill Fish hatchery P Floriculture flower growing Gardening Gasohol plant P(1) Grain elevator P Grazing Greenhouse-commercial P Hazardous waste treatment • and storage facilities,off-site N Hazardous waste treatment and storage facilities,on-site N Horse boarding and training P Horticulture vegetable growing Inherently Dangerous Mammal and/or Inherently Dangerous Reptile Keeping CU Kennel CU Kennel,private CU Nursery-wholesale P Orchard P Pigeon,peFfiannifig, he w N Riding stable P Sawmill and lumber mill N Transient-agricultural labor N residence Tree farming Truck gardening Vineyard Sargi ir:4,d rag � � t+� Winery CU Zoological Park Other uses may be permitted in accordance with section 14.604.160,eras-deter ed-f the gea-r-iog-Bo -Public-hearing the-ZeningCode. 14.605.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.606(RR-10)thru 14.622(UR-22)for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mobile)Home Development Standards. P(3) See Chapter 14.812 for Solar Development Standards. P(4) See home profession definition. P-(Acc.) Permitted accessory use C.U. Conditional use penmi C.U.(1) See Chapter 14.816 N Not permitted use (1) Specific standards exist for approving and locating these uses GciSD rr: ._ Sri Cd'' .d`` Puge z y..471g Cod, Of;S�po'"1ca :Catinty Chapter 14.605 14.605.040 USE—Public and Semipublic R-5 Highway Maintenance Facility P(1) State Patrol Facility P Youth Camp CU _ Youth Camp,Expansion of Existing Facility P(1) Chapter 14.608 14.608.210 Permitted Uses B.Public and Semipublic Uses _ Highway Maintenance Facility,provided that: Appropriate landscape buffering shall be provided to screen the site from the roadway, as determined by the Director. . Youth Camp,Expansion of Existiut Facili ,provided that: The expansion does not involve the acquisition of new property. A conditional use permit shall be required for expansions that require the acquisition of newproperty. Chapter 14.637 14.637.040 USE—Public and Semipublic GA UR RC FZ EA Highway Maintenance Facility P(1) P(1) P(1) P(1) P(1) State Patrol Facility P PP PP Youth Camp CU CU CU CU CU Youth Camp Expansion of Existi Facility P(1) P(1) P(1) P(1) P(1) 14.XXX.210 Permitted Uses(GA,UR,RC,FZ,EA) x. Youth Camp,Expansion of Existing Facility,provided that: The expansion does not involve the acquisition of new property. A conditional use permit shall be required for expansions that require the acquisition of new pro perty. x. Highway Maintenance Facility,provided that: Appropriate landscape buffering shall be provided to screen the site from the roadway, as determined by the Director. *7'7,7 0 „i1�,:R e. u Chapter 14.300.100 Definitions Youth Camp: The use of a site for indoor or outdoor activities for children,including sports, arts and crafts,entertainment,recreation,educational activities,swimming,fishing,horseback, riding,and incidental food service. Ultralight vehicles: A vehicle that; a. Is used nr intended to be used for manned operation in the air by a single occupant. b. Is used or intended to be used for recreation or sport purposes only; c. Does not have any U.S.or foreign airworthiness certificate;and d. If unpowered,weighs less than 155 pounds;or e. If powered, 1. Weighs less than 254 pounds empty weight,excluding floats and safety, devices,which are intended for deployment in a potentially catastrophic situation; 2. Has a fuel capacity not exceeding 5 U.S.gallons, 3. Is not capable of more than 55 knots calibrated airspeed at full power in level flight;and 4. Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.(Federal Aviation Administration Title 14,Code of Federal Regulatioics,part 103.1 Chapter 14.506 Administrative Exception 14.506.020 Allowed Exceptions 3. Building height requirements where the deviation is for ten percent(10%)or less of the maximum building height. Additional building height may be granted to the equivalent height of adjacent buildings in areas where the maximum building height is generally exceeded. t otjt itionalAccessory Unift Cfiapter.14:816 l:a: 020 4.* hie'proposal in4tsk" $loca liin•one of the.following zones::R�S- Ut RC;_GA RR=10; SRR-5,SRR=2;SF� 1 $ iUF2-3:5 or.RS ;4.r ;•. • HAW,: Page Of Saolcan&'frii i ' 0ST�"S2'oyy' *° 'i`ti.. Y L°t:�.S ... S 77-27".7.7.-1. • lit■r rY .' .M� Chapter 14.629 INDUSTRIAL ZONES MATRIX 14.629.020 Use 1-1 I-2 1-3 Acetylene gas manufacturing N N P Acid manufacturing N N P Adult Retail Use Establishment (Resolution No.99 0762) N N N Adult entertainment establishment N N N Aircraft manufacturing N N P Alcohol manufacturing including gasohol N N P Ambulance service P P P Ammonia/chlorine manufacturing N N P Animal clinic-veterinary-large and small, ab N N N Animal clinic-veterinary-small animals P P N Animal Processing Facility N N P Animal Shelter N P P Animal,Wildlife Rehabilitation or Scientific Research P(1) P(1) P(1) Facility(Res.No.99.1061,dated November 30,1999) Asbestos manufacturing N N P Asphalt plant/manufacturing N N P Assembly-light P P P Assembly-heavy N N P Auction yard(excluding livestock) N P P Automobile/taxi rental P P P Auto wrecking/recycling,junk and salvage yards N C.U. P(1) Automobile assembly plant N N P Automobile impound yard N P P Automobile painting establishment N P P Automobile repair,body and fender works N P P Automobile and recreational vehicle sales,repairs and N P P maintenance. Bank,savings/loan and other financial institutions. P P P BarberfBeau Shop P P N Battery rebuilding/manufacturing N P P Billboard(Res.No.99-1030,dated November 16,1999) N N N Biotechnology laboratory/manufacturing P P P Blast furnace/coke oven N N P Bleach,bleaching powder and dye manufacturing N N P Boat building,and repair and maintenance N P P N P P Bottling plant P P P Bread and Bakery Products manufacturing,including P P P retail bakery. Brewery,winery and/or distillery P P P Brick,tile and terra cotta manufacturing N N P Broom manufacturing N P P Building supply and hardware distribution and sales. N P P Rusiness•uses 14 AC,33 N Carbon manufacturing N N P • 1-1 I-2 1-3 Candy and confection making including accessory sales. P P P Caretaker's residence N P-Acc(1) P-Acc(1) Carpenter shop.(excluding planing mills,sawmills,etc). P P P Carpet,canvas,and cordage manufacturing including N P P curtains and draperies. Carpet and rug leaning plants N P P Car wash,automatic or self-service over 1 bay P P P Catalog and mail order houses including showroom N P P Cellulose material manufacturing N N P Cement,gypsum,lime,plaster of pans and terra cotta N N P manufacturing Ceramic manufacturing N P P Chain and cable manufacturing N P P Charcoal manufacturing and pulverizing N N P Chemical manufacturing N N P Child day-care center(Res.No.0-0884 dated October 10,2000) P P P Circus(Res.No.99-1061,dated November 30,1999) P P P Clothes cleaning and dyeing(excluding retail-dry N P P Cold storage N P P Commercial composting storage/processing N N C.U. Commercial laundry,linen supply,and dry cleaning N P P Commercial printing,reprographics,bookbinding and P P P graphics services. Communication service systems and sales including P P P facilities NEC. Communications Equipment Manufacturing(N.E.C.) N P P Community transit center P P P Computer manufacturing assembly and wholesaling N P P Computer programs or systems development P P p Computer software systems analysis,design and N P P assembly Concrete product manufacturing/ready-mix concrete N P P (excluding extraction/mining) Construction materials manufacturing(N.E.C.) N P P Contractor's office and yard N P P Convenience store P P P Cosmetic manufacturing and distribution including N P P perfumes and toiletries Creamery and dairy product manufacturing N P P Creosote manufacturing/treatment N N P Die casting N N P Disinfectant and insecticide manufacturing N N P Distribution center for home delivery P P P N P P Drop hammer or forge N N P Dru¢Store P P N Dry kiln N N P Electrical component manufacturing/assembly P P P .pliriiiii.ii:.1.;...: ' r. Paa Zoiiiiig:Code o ff' kai .County I-1 I-2 I-3 Electrical machinery,equipment and supplies N P P manufacturing(N.E.C.) Electronics systems development/operations,including testing and/or light assembly of electronics,communications and/or computer components,subsystems and systems P P P Electroplating of metal N N P Emergency clinic P P P Emery cloth and sandpaper manufacturing N P P Enameling manufacturing N N P Equipment sales,repair,and maintenance N P P Exercise facility/gym athletic club P P P Explosive manufacturing N N P Explosive storage N P P Fabric and textile mills including knitting N P P Family day-care provider(Res.No.0-0884 dated October 10,2000) P P P Feed and fuel yard N P P Feed/cereal mill • N P P Feed lot N N P Fertilizer manufacturing and manure processing N N P Fire station P P P Firewood sales/lot/processing N P P Florist shop P P N Flour mill N P P Food product manufacturing/storage(NEC) N P P Freight forwarding including terminal N P P Furniture manufacturing and sales N P P Galvanizing/dip plating N N P Garment manufacturing including leather goods and P P P apparel Gas illuminating or heating manufacturing/storage N N P Gelatin manufacturing N N P Glass and glass product manufacturing N P P Glue manufacturing N N P Golf driving range/training center P P P Governmental offices and other P P P administrative/maintenance facilities Graphite manufacturing N N P Hazardous waste treatment and storage facilities,off-site N N P(1) Hazardous waste treatment and storage facilities,on-site P-Acc.(1) P-Acc.(1) P-Acc(1) Hotels and motels P P N Household appliances manufacturing(N.E.C.) N P P Ice plant N P P Incinerator N P(1) P(1) Inflammable liquid/gas storage N N P Ink manufacturing • N N P Jewelry,clock and musical instrument assembly,sales and P P P service Jobber distribution plant P P P Kennel N P(1) P(1) ''1, t s 9,..-f.r -;: ea ,:t.i. ,v , palm .,- y:..' ... Ol �r ,: �katie' '.�ti I-] I-2 I-3 Laboratories including research testing,medical and P P P dental laboratories Landfill N N C.U. Lighting Equipment manufacturing(N.E.C.) N P P Linoleum&oil cloth manufacturing/reduction N N P Livestock auction yard N N P Log pole storage N N P Lubrication grease manufacturing or oil compounding N N P Lumbermill,sawmill,shingle mill,plywood mill N N P Lumberyard N P P Machine/machinery manufacturing NI P P Machine shop,large N N P Machine shop,small N I' P Manufactured and mobile home fabrication/-sales-k4 N P P Match manufacturing N N P Meat and fish canning,curing and smoking(excluding N P P slaughtering) Meat packaging(excluding slaughtering) N P P Medical and laboratory instrument and apparatus N P P manufacturing Medical,dental,and hospital equipment supply and sales P P P Medical services including minor emergency clinic P P P Metal fabrication N P P Metal manufacturing,reduction,reclamation and refining N N I' Metal reduction furnace N N P Mining N N P Motor vehicle parts sales and service including tires N P P Motorcycle/ATV manufacturing,sales,repair and N P P maintenance Nitrating process N N P Nursery/greenhouse/wholesale P P P a :E4 P P P Office,business P P P Office,professional P P P Office o..cab s office for ntlus ial-use p p 12 Office supply and computer sales P P P Oxygen manufacturing N N P Paint,lacquer,thinner,turpentine and varnish N N P manufacturing Paper product manufacturing(N.E.C.) N P P Paper/pulp mills N N P Park and ride facilities P P P Park,public P P P Petroleum manufacturing or refining N N P Pharmaceutical manufacturing P P P Pipe manufacturing from clay or metals N N P Planing mill N N P Plaster/wallboard manufacturing N N P Plastic injection molding,including tool and dye making N P P Chapter 3 €78 ,Qi i ted:. Page 4. .. od'e• Of'Snaiti ":Coimiv 14 I-2 I-3 Plastic manufacturing N N P Plywood and veneer lamination(including_structural N P P wood products) Post office . P P P Potash works or manufacturing N N P Power plant(excluding public utility facilities) N N P Prefabrication construction including sales P P P Print,blueprinting,photastating,xerographic shop P ! P Private repeater facility P P P Professional schools including vocational and trade P P P schools Public pay parking garage/lot P P N Public utility local distribution facility P P P Public utility transmission facility P(1) P(1) P(1) Public utility gas works N N P Punch press N N P P Pyroxylin manufacturing N N P Railroad yard,repair shop and roundhouse N N P Recreational area,commercial N C.U. C.U. Recycle collection center P P P Recycling plant N P P Rendering plant N N P Repair shop for industrial power equipment N P P • Research facility P P P Restaurant P P P Restaurant,drive-in P P P Retail sales,directly related to and accessory to allowed .P-Acc(1) P-Acc 1 P-Acc 1 uses under the 1-1,I-2,and 1-3 zones. x. Retail sales.directly related to and accessory to allowed uses under the 1-1,I-2,and 1-3 zones,provided the product is produced on the site and the retail use is clearly incidental to the primary industrial use. Rock crusher N N P Rolling mill N N P Roofing materials manufacturing N N P Rope manufacturing N P P Rubber reclamation,manufacturing/fabrication N N P Sandblasting/cutting N P-Acc(1) P Sauerkraut,pickle and similar manufacturing N P P Self-service storage facility N PN P Service station,automobile P P P Sewage sludge land application N - N N Sign manufacturing/repair P P P Silane,polysilicon manufacturing N P P Single-family dwellingrexpansion or accessory structure P P P i.'2,iy t . M I_2 I 3 Slaughterhouse N N P Smelter and ore reduction N N P Soap and cleaning compound manufacturing N N P Solid waste hauler N C.U. P(1) Solid waste recycling/transfer site N P(1) P(1) Solid waste recycling/transfer site,private N P(1) P(1) Specialized training/learnin�ools or studios P P N dance,gymnastics,martial arts,etc) Specialty agricultural production(including retail P P P nursery,greenhouse,and food crops grown under cover) Starch product manufacturing N N P Stockyard N N P Stoneware,earthenware manufacturing N P P Storage,general-indoors P P P Storage,general-outdoors P(1) P(1) P Sugar refinery N N P Tallow manufacturing N N P Tank storage of critical material(above and belowground) P-Acc(1) P-Acc(1) P(1) Tanning,curing of hides and skins N N P Tire,recap and retread manufacturing N N P Tire Salvage Yard N C.U. C.U. _,� Tobacco products manufacturing N N P Tower P(1) P(1.) P(1) Trade/Technical school P NP N Transportation services and sales including equipment N P P storage Truck,automobile,and equipment rental facility N P P Truck equipment sales,repair and maintenance N P P Truck Stop P P P Upholstery,covering P P P Utility services and systems(NEC) P P P Vegetable oil manufacturing(no fat rendering) N P P . Veterinary supplies and services,including vet clinic P P P Video Board(Rees.No.99-1(130,dated November 16,1999) N N N Warehousing P P P Welding,sheet metal shops N P P Wholesaling(retail sales prohibited) P P P Wireless Communication Antenna Array P-Acc(1) P-Acc(1) P-Acc(1) Wireless Communication Support Tower P(1) P(1) P(1) Woodworking,cabinet shop P P P Yeast manufacturing/plant N N P Other uses may be permitted in accordance with section 14.604.160 or-as-determined-by-the Hea g;Sed'y-'pi bke-heating-as an-armed . Chapter 35.'01 Pijritid: _:',..' Page_ • ToningCodo Ott"Spokiinc'Coiuity' 14.629.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.630(1-1),14.632(1-2)and 14.634(I-3)for specific standards for locating and approving these uses. P(2) See Section 14.804.180 for sign and setback standards. P 3 Fe • • - • • - • • • :• . . : • 44ide-a4I-useo-lititeir-in-the-nosiness . - . - - • .2 • : • •• 076274ated_septen — . „ - - • - . • • - . • •• - - Provided • _ . - . •-- a14-aloo-be : • • allowed-in thc 12 onc shall meet all the 8-3 P-Acc. Permitted accessory use N Not permitted use (1) Specific standards exist for approving and locating these uses fir..1.47 thtumpoze i5rSTAIMratiW • Chapter 14.640 GENERAL AGRICULTURAL(GA)ZONE Section: 14.640-100 Purpose and Intent 14.640.210 Permitted Uses 14.640.220 Accessory Uses 14.640.230 Prohibited Uses 14.640.240 Conditional Uses 14.640.300 Development Standards 14.640.302 Rural Cluster Development 14.640.305 Density 14.640.310 Minimum hot Area 14.640.315 Minimum Frontage 14.640.320 Minimum Lot Width 14.640.325 Minimum Yards 14.640.330 Maximum Building Coverage 14.640.335 Maximum Building Height 14.640.340 Parking Standards 14.640.345 Signage Standards 14.640.350 Landscaping Standards 14.640.355 Storage Standards 14.640.100 Purpose and Intent The GA zone is intended to implement the Rural Traditional and Small Tract Agriculture category categories of the Comprehensive Plan. 14.640.210 Permitted Uses Hereafter in the GA zone no building,structure or improvements,or portion thereof,shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637, the General Agricultural Zone Matrix,and the requirements of Chapter 14.416. In addition the following specific standards are required for the following permitted uses: 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 74.824;and only when located within the Rural Traditional category of the Spokane County Comprehensive Plan. 14.640.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.640.3052 thru 14.640.355,where applicable,shall be provided to the Division Department. 14.640.302 Rural Cluster Developments Rural cluster developments within the GA zone shall comply with the standards provided Chapter 14.824,Rural Cluster Development. 4 �u tt rk 3P:47S �i;,•: ''r;�. rage Zoniiig.Ciide Of Spokane oiiirty 14.640.310 Minimurn Lot Area The minimum lot area for one(1)dwelling unit in the GA zone shall be ten(10)acresr,except for rural duster developments,which shall have a minimum lot area of one(1)dwelling unit per one(1)acre. 14440.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the GA zone shall be three hundred thirty(330)feet on a public(peivate)street unless units are clustered in a Rural Cluster Development in which case the minimum frontage shall be 125 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five(125)feet on a public(firivate)-street. There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public fffivate)`street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 14440.330 Maximum Building Coverage The maximum building coverage in the GA zone shall be twenty percent(20%)of the lot area, except for rural cluster developments,which shall have a maximum building coverage of thirty-five percent(35%)of the kit area. Chapter 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL,AND RURAL SETTLEMENT AND FORESTRY ZONES MATRIX 14.637.020 Use-ResidentialJBusiness/Service/Industrial GA Cluster Development,Rural P(1) Chapter 14.638 EXCLUSIVE AGRICULTURAL(EA)ZONE 14.638.100 Purpose and Intent 4. The EA zone o implements the Lame Tract Agricultural category of the Comprehensive Plan. It may also be applied in some cases to the Rural Traditional and Small Tract Agricultural category categories where a substantial benefit of conserving agricultural pursuits can be achieved. Chapter 14.644 FORESTRY(FZ)ZONE 14.644.100 Purpose and Intent 1. The Forestry(FZ)Zone implements the Forestry category of the Comprehensive Plan. The Forestry(FZ)Zone is intended to conserve forest lands as defined by WAC 365.140.030(6)for the purposes of(1)productive economic use,(2)protection of forested watersheds,and(3) conservation of other ecological benefits. Forest lands that are properly managed produce a sustainable flow of wood fiber and other products that maintain our economic base. E3iapte�r,��. K...,• ;> ,:�5`' Z nin 'Cede �'at��:� !,� Of S, •kane`Coainiv • Chapter 14.643 URBAN RESERVE IUR)ZONE Section: 14.643.100 Purpose and Intent 14.643.210 Permitted Uses • 14.643.220 Accessory Uses 14.643.230 Prohibited Uses 14.643.240 Conditional Uses 14.643.300 Development Standards 14.643.302 Rural Cluster Development 14.643.305 Density 14.643.310 Minimum Lot Area 14.643.315 Minimum Frontage 14.643.320 Minimum Lot Width 14.643.325 Minimum Yards 14.643.330 Maximum Building Coverage • 14.643.335 Maximum Building Height 14.643.340 Parking Standards 14.643.345 Signage Standards 14.643.350 Landscaping Standards 14.643355 Storage Standards 14.643.10014.643.100 Pu�ose and Intent and Intent The Urban Reserve category includes lands outside the Urban Growth Area that are considered for future urbanization beyond the Comprehensive Plan's 20 year planning horizon. These areas are given special consideration,such as low-density,large-lot development,so that land uses established in the near future do not preclude their eventual conversion to urban densities. Residential clustering is encouraged through density incentives to preserve property rights and economic expectations while still ensuring that these areas will be available for future urban • development. 14.643.210 Permitted Uses Hereafter in the UR zone no building,structure or improvements or portion thereof shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637 and the requirements of Chapter 14.416. In addition the following specific standards are required for the following permitted uses: A. Residential Uses 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824. B. Public and Semipublic Uses 1. Public utility transmission facility,provided: a. That the utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; • b. That all support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground; c. That the facilities shall be compatible with the surrounding uses either by distance,landscaping,buffering,or design,as determined by the Planning Director;and d. That the height of the structure above ground does not exceed one hundred twenty-five(125)feet. 2. Tower-The applicant shall demonstrate compliance with the following standards prior to the issuance of a building permit: a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve(12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating"blade diameter"to a"throw trajectory"based on the following scale; Blade Diameter(ft.) 5 10 15 20 30 35 40+ Radius of Impact Area(ft.) 100 165 220 270 340 365 385 d. The applicant shall demonstrate that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. 3. Community transit center,provided that: a. The site is not currently farmed or designated as"prime"or"unique"farmland per the USDA Soil Conservation Service; b. The site has adequate paved parking to handle anticipated riders;and c. ingress and egress is adequate based upon the County Engineer's review and approval. 4. Park-and-ride facility,provided that: a. The site is not currently farmed or designated as"prime"or"unique"farmland per the USDA Soil Conservation Service; b. The site has adequate paved parking to handle maximum anticipated daily riders;and c. Ingress and egress is adequate for buses and autos based upon the County Engineer's review and approval. 5. Child day-care center,provided: a. The center is located on a paved road or bus route;and b. The center serves 30 or fewer children. A center providing care for more than 30 children shall require a conditional use permit. 6. A community hall,club or lodge,provided that it is related to local community social activities. 7. Nonmotorized vehicle trail system,provided that: a. The trail is adequately marked/signed for its intended use; 41 of,78 pi Y:- PPrge___ g Code Of Spokane County b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and e. The trail follows existing trail easement or suitable right-of-way as much as feasibly possible. C. Agricultural,Silvicultural and Agriculture-Related Uses 1. Agricultural products sales stand,provided that: a. The stand is not more than three hundred(300)square feet; b. Sales are limited to agricultural products,most of which must be produced on premises;and c. Off-street parking shall be required. 2. Animal raising and/or keeping,provided that the following standards are met. a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard,runway,pen or manure pile shall be no closer than fifty(50)feet,in the case of swine two hundred (200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b. Sanitary Conditions: Structures,pens,yards,and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined by the Spokane Regional Health District. c. Equivalency Units: One(1)horse,mule,donkey,burro,llama,bovine or swine(livestock unit) shall be equal to two(2)goats or sheep. d. Density Requirements i. Large animals: Three(3)livestock units per gross acre. iii. Small Animals: One(1)small animal or fowl per two thousand(2,000)square feet. 3. Gasohol plant for personal use only;no commercial sales permitted. 14.643.220 Accessory Uses All accessory uses,buildings and structures ordinarily ag urtenant to any of the uses allowed in this zone in accordance with Chapter 14. ?� the ' Q► " e pones Matrix,are permitted including: 1. Community recreation facility,when approved and identified within a site development plan or building plan; 2. Home profession,provided that a home profession permit is obtained; 3. Solar collector and associated systems; •; r1 •"'; EWA 4. Aboveground tank storage of liquefied petroleum gas(LPG)provided: a. That the storage shall be in accordance with standards prescribed by the Division of Building and Code Enforcement,and within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required. 5. Aboveground tank storage of critical material,whether or not within the Aquifer Sensitive Area(ASA),provided: a. That the storage of critical material shall be in accordance with the standards prescribed by the Division of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required. 6. Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area(that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-hall (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured art easement(s)for all property in the tower's impact area if not entirely on his/her ownership. Such casements)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/building of the property. Ptitt#ed: Pa c „ •ZorttngCAde Of:Spokane G�wip' -.,._...�F .mwo}ww. -�r......._ r��r_•,•Via.._e_•:r.�-�. 7. Accessory Structure(s)are permitted under the following provisions: a. For a Lot Size of: Total Combined Footprint of Structure(s)Allowed i. Less than 30,000 sq.ft. 1,000 sq.ft.or 10%of lot size whichever is greater ii. 30.000 sq.ft.to 1 acre 3,000 sq.ft. iii. Greater than 1 acre to 2 acres 4,000 s+.ft. iv. Greater than 2 acres 10%of lot size b. One accessory structure not exceeding 1,000 square feel,shall be permitted prior to the construction of a primary use. This structure is not for residential occupancy,business, commercial,or industrial use. 8. One manufactured(mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14.300.100,provided that: a. The manufactured (mobile)home shall be as defined in Chapter 14300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Lot Area: 2.5,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. c. The placement of the manufactured(mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured(mobile)home may be prohibited by these conditions. d. A separate written statement by both a licensed physician and the care-provider stating that the person(s)in question is physically or mentally incapable of caring for themselves and/or their property shall be submitted with the application. The Planning Division shall supply forms suitable to meet this written requirement. c. The manufactured(mobile)home shall be occupied by either: i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s)owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty (180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care. g. A statement shall be recorded in the County Auditor's office by the Division stating that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. h. The permit shall be granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. i. Only one dependent-relative manufactured(mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider may be administratively changed upon written application to and approval by the Division. Any change in dependent relative(s)requires processing of a new permit,consistent with current standards;that is,no non- conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. L All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). 9. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed twenty(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is painted or finished in such a manner as to match the existing structure on which it is placed,if possible. 14.643.230 Prohibited Uses All uses not specifically authorized in the UR zone are prohibited,including,but not limited to, the following: 1. General industrial use; 2. General commercial use;and 3. Mining. 14.643.240 Conditional Uses Those uses designated as conditional uses within the UR zone on the Residentialbilixan Reserve Zones Matrix,Chapter 14.6053L7,may be permitted,provided that a conditional use permit authorizing such use has been granted as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met. 1. Animal clinic/veterinary,large and/or small: Chanter: k 45478 Page: • 7.�niii�Cndc or.sliokaili Comity a. Small animals: A minimum lot size of fifteen thousand(15,000)square feet with one hundred twenty-five(125)feet of frontage on a public street. b. Large animals: A minimum lot size of one(1)acre with one hundred twenty-five(125) feet of frontage on a public street. c. Small animals: Treatment rooms,cages,yards,or runs are to be maintained within a completely enclosed soundproof building of such construction that no animal noise may be audible at the property line. Said building shall be designed as to create an exterior appearance compatible to adjacent surroundings. d. No boarding of animals not under treatment will be permitted,either inside or outside the clinic building,and the operation of the clinic shall be conducted in such a way as to produce no objectionable odors or noise outside its walls,or other nuisance or health hazard. e. Off-street parking,lighting,and landscaping shall be developed in such a manner as to create minimal impact on adjacent residential properties. Off-street parking areas shall not be located within front or flanking street yard areas and shall not be illuminated. Signs must be attached to the building,be unlighted,and not over twelve(12)square feet in size. 2. Home industry,provided that: a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory, detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; b. One(1)sign identifying the home industry shall be unlighted and maybe attached or detached. The sign shall not exceed a maximum of sixteen(16)square feet on a face. e. Window or outside displays may be allowed as approved by the Hearing Body; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession,or craft; g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC-173-60 regarding noise; h. Parking,traffic,and storage requirements shall be as approved by the Hearing Body; and i. All storage areas shall be enclosed or completely screened from view by a maximum six(6)foot high sight-obscuring fence meeting accessory use setback requirements. 3. Kennel,provided that: a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept. b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant. c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred(300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site. d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Body to serve as a visual and nixie abatement buffer. e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 a.m. �„ ^min' f. One off-street parking space shall be provided for each ten(10)animals kept on the premises. g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i) compliance with all the conditions of approval;and ii) the advisability of renewing such permit. K The applicant shall submit adequate information to aid the Hearing Body in determining the above standards are satisfied prior to the public hearing. i. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 4. Private kennel,provided that: a. Minimum lot area is five(5)acres. b. No more than-eight(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site. c. That outside runs or areas shall be not less than three hundred(300)feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six(6)-foot sight-obscuring fence,board-on-board or cyclone with slats. d. The structure(s)housing the animals shall be large enough to accommodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation. e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m. f. Landscaping for screening and noise abatement may be required by the Hearing Body in addition to sight-obscuring fencing. g. One off-street parking space shall be provided for.each eight(8)animals kept on the premises. h. A kennel license shall be issued and inspections shall be made by the Spokane County Small Animal Control. i. Advertising,signs,lighting and parking plans shall be approved by the Hearing Body. j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii. the advisability of renewing such permit. k. The applicant shall submit adequate information to aid the Hearing Body in determining that the above standards are satisfied prior to the public hearing. L Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 5. Child day-care center,provided: a. Any outdoor play area shall be completely enclosed to a minimum height of six(6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 6. High School,Junior College,College or University-Public and Private,provided that the following can be demonstrated by the submittal of necessary documents or studies. a. A minimum lot area as follows. i. High school-as required by WAC 180-26-020(2)as it presently exists or as it may be hereafter amended; WWI j8 Pte_ ofrs ii Junior college-thirty(30)acres; iu. College or university-forty(40)acres. b. Direct,primary vehicular access is provided by a state highway or county arterial. c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washington State Department of Transportation, which analysis/study,among other items,shall discuss ingress and egress to the site for faculty and student vehicles as well as buses. The analysis/study shall investigate, discuss and recommend mitigation measures,including their timing with respect to road and traffic improvements necessary to accommodate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well. e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility. f. The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the selection of the site, which criteria shall include minimally those set forth in WAC Chapter 180-26-020,and that the proposed site is one of the highest-rated sites. 7. Zoological Park provided that a. The minimum lot area is five(5)acres. b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. _„' 8. Animal,Wildlife Rehabilitation or Scientific Research Facility,provided that a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 9. Contractor's yard,when located on the same property with the dwelling in which the individual or contractor resides,provided that a. Minimum lot area: ten(10)acres with three hundred thirty(330)feet of frontage on a public road or street. Nonconforming lots of record which are not less than five(5) acres in size are exempt from the minimum lot area; b. All storage shall be within an enclosed building,or within a six(6)-foot sight-obscuring fence of a solid color;existing vegetation or trees may be used as a sight-obscuring buffer in lieu of fencing,as determined by the Hearing Body; c. All storage areas(including structures)must meet primary use setback requirements; d. Adequate ingress and egress and on-site circulation shall be provided as determined by the Hearing Body; e. The facility shall be compatible with the surrounding uses either by separation, landscaping,buffering or design as determined by the Hearing Body; f. Signs identifying the contractor's yard shall be unlighted and may be attached or detached,not to exceed sixteen(16)square feet on each face or six(6)feet in height; g. Maximum lot coverage for a contractor's yard shall not exceed ten percent(10%)of the lot area; h. Not more than one contractor may utilize the same contractor's yard. o 10. Cemetery,provided that: a. Minimum lot area is twenty(20)acres; b. A cemetery shall not be approved if it is deemed to inhibit the residential development of a neighborhood by(but not limited to): i. Its size,shape,or location being such that it would isolate portions of the neighborhood from the balance of the neighborhood or would prevent the extension of streets important to circulation within the neighborhood. ii. Its topographic location being such(low-lying)that the cemetery would be in general view of the majority of homes or potential lots of the neighborhood or adjoining neighborhoods. c. The cemetery property shall be at least five hundred(500)feet from any dwelling existing at the time of site plan approval,except a dwelling of the cemetery owner or employee; d. No building shall be erected in the cemetery within two hundred(200)feet of any property line of the cemetery; e. No graves shall be located closer to any property line than the required front yard setback of the zone in which the property is located; f. Points of ingress and egress shall be approved by the Division and the Spokane County Engineer or,if on a state highway,the district State Highway Engineer; g. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division and the Spokane County Engineer; h. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the County Health District and the State Department Health;and i. All cemeteries shall comply with RCW Chapter 68. 14.643.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.6463302 thru 14.6483355,when applicable,shall be provided to the Department 14.643.302 Rural Cluster Development Rural cluster developments within the UR zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.643.305 Density The maximum density of dwelling units in the UR zone shall be one(1)dwelling unit per twenty (20)acres,except for rural cluster developments which shall have a maximum density of 1 dwelling unit per five(5)acres. 14.643.310 Minimum/Maximum Lot Area The minimum lot area for one(1)dwelling unit in the UR zone shall be twenty(20)acres,except for rural cluster developments,which shall have a minimum lot area of one(1)dwelling unit per 10,000 square feet. The maximum lot size for a lot within a residential cluster development shall be one acre except for the remainder parcel which shall have no maximum lot size. 14.643.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the UR zone shall be three hundred /V;7�Y,,,,H,*�y��.thirty(330)feet on a public street unless units are clustered in a Rural Cluster Development Sfrifier,:1717, Zoning Cade, OE:Spokane Coinnv in which case the minimum frontage shall be 80 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five (12.5)feet on a public street. There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 1.4.643.320 Minimum Lot Width The minimum lot width for all uses in the UR zone,shall be the same,for the entire depth of the parcel,as the minimum frontage requirements in Section 14.64.315(1). 14.643.325 Minimum Yards The minimum yards and setbacks for uses in the UR zone shall be as follows. A. All Uses Except Accessory Uses 1. Front Yard and/or Flanking Street Yard: a minimum setback of fifty-five(55)feet from the centerline of all roadway right-of-way or twenty-five(25)feet from front and/or side lot lines,whichever provides the greater setback from the centerline of the roadway right-of-way. 2. Side Yard: each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: a minimum of fify-five(55)-foot setback from the centerline of all roadway right-of-way or a twenty-five(25)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: the minimum rear yard shall be twenty(20)feet. B. Accessory Uses 1. Front Yard: a minimum of fifty-five(55)-foot setback from the centerline of all roadway right-of-way or twenty-five(25)-foot setback from the lot front line, whichever provides the greater setback from the centerline of the roadway right- of-way. 2. Side Yard: five(5)feet except that no side yard is required eighty (80)feet or more from the lot front line. 3. Flanking Street Yard: a minimum of fifty-five(55)-foot setback from the centerline of all roadway right-of-way or a twenty-five(25)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: no requirement. 14.643.330 Maximum Building Coverage The maximum building coverage in the UR zone shall be twenty percent(20%)of the lot area, except for lots located in a rural residential cluster,which shall have a maximum building coverage of fifty percent(50%)of the lot area. 14.643.335 Maximum Building Height The maximum height of residential structures in the UR zone shall be thirty-five(35)feet. The maximum height of permitted nonresidential structures shall be fifty(50)feet. 14.643.340 Parking Standards Parking standards for uses in the UR zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640340. 1.4.643345 Signage Standards Signage standards for uses in the UR zone shall be the same as required in the General Agriculture(CA)zone,Chapter 14.640.345. 14.643.350 Landscaping Standards Landscaping standards for uses in the UR zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.350. 14.643.355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building,or shall be screened from view from the surrounding properties,and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The private,noncommercial storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight-screened year-round from a non-elevated view with a fence, maintained Type I or II landscaped areatllr maintained landscaped berm.Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. • • •Giiauter• • dined; Fag"e; Zoninf xlc 71 .� sv' of`•Spbfiiaiie�c&ay..- Chapter 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL,AND RURAL SETTLEMENT AND FORESTRY ZONES MATRIX, URBAN RESERVE,AND RURAL CONSERVATION Section: 14.637.020 Use- Residential/Business/Service/Industrial 14.637.040 Use- Public and Semi-Public 14,637.060 Use- Agricultural,Silvicultural,and Agriculture Related 14.637.080 Index of Letters and Symbols 14.637.020 Use-Residential/Business/Service/Industrial UR Aboveground tank storage of liquefied P-Acc.(11 petroleum gas(LPG) Adult Retail Use Establishment(Resolution No 99 0762) Adult Entertainment Establishment N Animal,Wildlife Rehabilitation or Scientific Research Facility Auto wrecking,junk and salvage yards N Automobile/truck painting/repair N Billboard N Business and professional office N Caretaker's residence N Child day-care center(Res.No.0-0884 dated P 1) CU October 10,2000) Child day-tare center(in or on a church or a P-Acc. public or private school site)(Res.No.0.0884 dated October 10,2000) Clustered Development,Rural P(1) Community residential facility(8 or fewer - residents) Community residential facility(greater than 8 residents,no more than 25 residents) Community treatment facility(8 or fewer N residents) Community treatment facility(greater than 8 N residents,no more than 20 residents) Conditional Accessory Unit CU(1) Contractor's Yard CU Dependent Relative Manufactured(Mobile) P-Acc.(1) Home Dormitory N Duplex N Family day-care provider(Res.No.0-0884 dated October 10,2000) Fraternity,sorority N Garage/storage structure,detached Home industry CU Home profession P-Acc.(4) Household pets p Inherently Dangerous Mammal and or N Inherently Dangerous Reptile Keeping t:,ILK.SpQ Machine shop Manufactured(mobile)home P(1&2 Manufactured(mobile)home park N Mining,quarrying,blasting,sorting,crushing N and screening of sand,gravel,clay or rock Multifamily dwelling N Neighborhood retail or service business N Nursing home,convalescent home hl Prison,jail,or institution N 1. Maximum security 2. Minimum security 3. Work release 4. Correctional facility Retirement apartment Seasonal harvest festivities N Self-service storage facility N Single-family dwelling P(1) Solar collector and associated systems P-Acc. Storage Structure,detached,private P-Acc(1) Tank storage of critical materials Above ground P-Acc.1 Below ground F-Acc. Tire Salvage Yard N Transitional community facility(8 orfewer residents) Transitional community facility(greater than 8 residents,no more than 20 residents) Video Board(Res.No.99-1030,dated November 16, N 1999) Wireless Communication Antenna Array P-Acc,(1) Wireless Communication Support Tower . .. Other uses may be permitted in accordance with section 14.604 a rts deter-mni 14.639.040 Use-Public and Semipublic Archery,rifle,gun,pistol ranges/clubs N Cemetery �U Church P Circus(Res.No.99-1061,dated November 30,1999) N Commercial composting storage/processing Community hall,club,or lodge P(1) Community recreational facility GLIP-Acc(1) Community swimming pool CU Community transit center P(i) Family day care home Fire station Golf course Hospital N Incinerator N Landfill N Library N Medical office or emergency clinic N Chapter ��o. S1i o>�:y3� ,.6#-,�.8 de Of•-Spokane County Nonmotorized vehicle trail system P(1 Nursery school Park and ride Facility pal Park,public(including caretaker's residence) P Post office Private repeater facility Public utility local distribution facility 1' Public utility transmission facility P(1) Race tracks(horses,dogs,autos,go-carts,snow- N mobiles,off-mad vehicles,motorcycles) Recreational area,commercial N Recreational vehicle park N Sanitarium N Schools-public and private 1. Kindergarten 2. Elementary 3. Middle P 4. Junior high 5. High CU 6. Junior college CU 7. College or university CU 8. Expansion of existing public or private schools or addition of accessory structure on adjacent property Sewage sludge land application N Solid waste hauler N Solid waste recycling/transfer site Solid waste recycling/transfer site,private N Tower P 1 Tower,private P-Ace. I Zoological Park CU Other uses may be permitted in accordance with section 14.604.160 was-4ete public hearing-as-an-amc 14.637.060 Agricultural,Silvicultural,and Agriculture-related UR Agricultural processing plant,warehouse Agricultural product stand Pa) Airstrip for crop dusting and spraying N Airstrip,personal N Airstrip,private Animal clinic-veterinary-large and small CU animals Animal raising and/or keeping P 1 Beekeeping,commercial Beekeeping,hobby Cultivation of land(commercial) P Dairy Farm machinery sales and repair Feed lot N Feed mill Fertilizer application facility Fish hatchery P Floriculture(flower growing) Gardening ,�. S4 bi `B' s ��i% n 'a Gasohol plant,commercial use N Gasohol plant,personal use P(1) Grain elevator P Grazing Greenhouse-commercial Hazardous waste treatment and storage facilities, N off-site Hazardous waste treatment and storage facilities, 1!l on-site Horse boarding and training P Horticulture(vegetable growing) ,Q Kennel CU Kennel,private CU Nursery-wholesale P Orchard P At Riding stable Sawmill and lumber mill CU Transient-agricultural labor residence N Tree farming P Truck gardening P Vineyard I? Winery P Other uses may be permitted in accordance with section 14.604.160.or7es-determined-by- a iier ung ly+ i lie.hearing.as.an-a 14.637.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.638(EA),14.640(GA)£14.642(RS),14.644(F2),and 14.643(URI for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mobile) Home development standards. P(3) See Chapter 14.812 for required Solar development standards. P(4) See home profession definition. P-Acc. Permitted accessory use CU Conditional use CU(1) See Chapter 14.816 N Not permitted use mad: '/ontn Cod • Psgc g: Siaffiaatiiiii7 Chapter 14.646 RURAL CONSERVATION(RC)ZONE Section: 14.646.100 Purpose and Intent 14.646.210 Permitted Uses 14.646.220 Accessory Uses 14.646.230 Prohibited Uses 14.646.240 Conditional Uses 14.646.300 Development Standards 14.646.302 Clustered Development,Rural 14.646.305 Density 14.646.310 Minimum Lot Area 14.646.315 Minimum Frontage 14.646.320 Minimum Lot Width 14.646.325 Minimum Yards 14.646.330 Maximum Building Coverage 14.646.335 Maximum Building Height 14.646.340 Parking Standards 14.616.345 Signage Standards 14.646.350 Landscaping Standards 14.646.355 Storage Standards 14.646.100 Purpose and Intent 1. The Rural Conservation(RC)zone is designed to implement the Rural Conservation category of the Comprehensive Plan and is intended to provide for rural lifestyles while protecting and retaining open space for agriculture or forestry resource use,or as environmentally sensitive natural areas. 2. The principal land uses in the Rural Conservation(RC)Zone are low-density residential, open space and agriculture. Recreational opportunities are intended to be consistent with the type and value of the open spaces. 3. Public service and utilities will be limited and residents will expect low levels of service for police and fire protection. The use of on-site sewage disposal systems and individual wells will be the standard. 4. To meet the purpose and intent of the zone,the minimum residential density will be twenty (20)acres per dwelling unit for standard,large-lot subdivisions or ten(10)acres per dwelling unit if the lots are developed through a cluster subdivision. Encouraging clustered housing through residential density standards helps achieve efficiency of public utilities and preserves open space for environmental or resource related uses. 14.696.210 Permitted Uses Hereafter in the RC zone no building,structure or improvements or portion thereof shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637 and the requirements of 14.416. In addition the following specific standards are required for the following permitted uses: f tifiti;Z AVV,;tk 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824. 2. Agricultural products sales stand/area,provided that: a. The stand or retail area is not more than three thousand(3,000)square feet; b. Sales are limited to agricultural products,most of which must be produced on premises unless a temporary use permit is obtained to sell accessory goods as permitted under section 14.640.220 of this chapter; c. Adequate provisions are made for off-street parking;and 3. A public utility transmission facility provided: a. That the utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; b. That all support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground; c. That the facilities shall be compatible with the surrounding uses either by distance, landscaping,buffering,or design,as determined by the Planning Director;and d. That the height of the structure above ground does not exceed one hundred twenty- five(125)feet. 4. Personal airstrip limited to accommodate one(1)plane,provided that: a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty (150)feet in width by six hundred(600)feet in length is provided. b. For single-engine aircraft a minimum unobstructed runway area of two hundred (200) feet in width by fifteen hundred(1,500)feet in length is provided; c. For multiengine aircraft a minimum unobstructed runway area of two hundred(200) feet in width by two thousand(2,000) feet in length is provided;and d. All storage of fuel will be at a minimum seventy-five(75)feet from the runway's landing surface and in accordance with the Uniform Fire and Building Codes. 5. Tower—The applicant shall demonstrate compliance with the following standards prior to the issuance of a building permit. a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve (12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating'blade diameter"to a"throw trajectory"based on the following scale: Blade Diameter(ft.) 5 10 15 20 30 35 40+ Radius of Impact Area(ft.) 100 165 220 270 340 365 385 d. Before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. N: .. S7'if 7S e 744114-C.cld-. O "Spoliaii� hunt. 6. Animal raising and/or keeping,provided that the following standards are met, a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard, runway,pen or manure pile shall be no closer than fifty(50)feet,in the case of swine two hundred(200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b. Sanitary Conditions: Structures,pens,yards and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined by the Spokane County Health District. 7. Nonmotorized vehicle trail system,provided that: a. The trail is adequately marked/signed for its intended use; b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and e. The trail follows existing trail easements or suitable rights-of-way as much as feasibly possible. 8. Inherently dangerous mammal and/or inherently dangerous reptile keeping provided that: a. The minimum lot area is twenty(20)acres. b. Within a rural cluster development,the use is not permitted unless located within the remainder parcel. e. No more than four(4)inherently dangerous mammals and or inherently dangerous reptiles shall be allowed. d. The inherently dangerous mammal and or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. e. The animal keeping facility shall be a minimum separation of twenty-six hundred forty(2,640)feet from any existing school,daycare center,church,and public park as defined in this Code. 9. Animal,Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 10. Child day-care center,provided: a. The center is located on a paved road or bus route;and b. The center serves 30 or fewer children. A center providing care for more than 30 children shall require a conditional use permit. 14.646.220 Accessory Uses All accessory uses,buildings and structures ordinarily appurtenant to any of the uses allowed in this zone under Chapter 14.64.3i the Rural Conservation Zone Matrix,are permitted,including: 1. Home profession,provided that a home profession permit is obtained. 2. Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; QI!'��7:, .R •r.��Ais�7`.S -fig I 1__11: 0,:4n J.! � ...�.:� b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area(that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-half (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured an easement(s)for all property in the tower's impact area if not entirely on his/her ownership. Such easement(s)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/building of the property. 3. Aboveground tank storage of liquefied petroleum gas(LPG)provided: a. That the storage shall be in accordance with standards prescribed by the Department of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required by the Planning Director based on recommendations of the Division of Building and Code Enforcement. 4. Aboveground tank storage of critical material,whether or not within the Aquifer Sensitive Area(ASA),provided: a. That the storage of critical material shall be in accordance with the standards prescribed by the Division of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall,at a minimum,maintain primary use setbacks. d. That traffic control and safety devices may be required by the Planning Director based on recommendations of the Division of Building and Code Enforcement. S. One manufactured(mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14.300.100,provided that: a. The manufactured (mobile)home shall be as defined in Chapter 14.300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Area: 25,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. c. The placement of the manufactured(mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured(mobile)home may be prohibited by these conditions. ifthAL: .1 rs!ACM'S.:C 1k Eta • f` J d. A separate written statement.by both a licensed physician and the care-provider stating that the person(s)in uestion is physically or mentally incapable of caring for themselves and/or their property shall be submitted with the application. The Planning Division shall supply forms suitable to meet this written requirement. e. The manufactured (mobile)home shall be occupied by either: i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s) owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty(180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care. g. A statement shall be recorded in the County Auditor's office by the Division stating that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. h. The permit shall be granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. i. Only one dependent-relative manufactured(mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider maybe administratively changed upon written application to and approval by the Division. Any change in dependent relatives)requires processing of a new permit,consistent with current standards;that is,no non-conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. I. All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). 6. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed twenty(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is pointed or finished in such a manner to match the existing structure in which it is placed upon,if possible. ._... ._ -•Ste._ �. ✓fig.C.Y] 14.646.230 Prohibited Uses All uses not specifically authorized in the zone are prohibited,including,but not limited to,the following. 1. General industrial use; 2. General commercial use; 3. General residential use except as specifically permitted in Sections 14.646.210 and 14.646.220;and 4. General public and semipublic use except as specifically permitted in Section 14.646.210. 14.646.240 Conditional Uses Those uses designated as conditional uses within the RC zone on the Rural Conservation Zone Matrix,Chapter 14.637,may be permitted,provided that a conditional use permit authorizing such use has been granted,as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met. 1. Airstrip,private,provided that a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty (150)feet in width by six hundred(600)feet in length is provided. b. A minimum unobstructed runway area of two hundred fifty(250)feet in width by fifteen hundred(1500)feet in length is provided for single-engine aircraft; c. A minimum unobstructed runway area of two hundred fifty(250)feet in width by two thousand (2,000)feet in length is provided for multiengine aircraft; d. It is located and/or designed with full consideration to its proximity to,and effect on, adjacent land uses; e. Its exterior property ownership boundaries are at least one-quarter(1/4)mile from any SR-1/2,UR-3.5,UR-7,UR-12,UR-22 or RS zone classifications; f. All storage of fuel will be at a minimum of one hundred(100)feet from the runway's landing surface and will conform to the Uniform Fire and Building Codes;and g. A.ny other conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare to the nearby residences as well as the general public. 2. Archery,rifle,gun,pistol ranges/clubs-outdoor/indoor,provided that: a. Minimum lot area is twenty(20)acres; c. In the consideration of an application for a permit,the Hearing Body shall take into account safety,health,and noise factors,and may prescribe additional conditions with respect thereto. 3. Home industry,provided that: a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; d. One(1)sign identifying the home industry shall be unlighted and may be attached or detached. The sign shall not exceed a maximum of sixteen(16)square feet on a face. e. Window or outside displays may be allowed as approved by the Hearing Body; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession,or craft; s:•. c Zoning-Code • • g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC 173-60 regarding noise; h. Parking,traffic,and storage requirements shall be as approved by the Hearing Body; and i. All storage areas shall be enclosed or completely screened from view by a maximum six(6)-foot-high sight-obscuring fence meeting accessory use setback requirements. 4. Private Kennel,provided that: a. Minimum lot area is five(5)acres. b. No more than eight(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site. c. That outside runs or areas shall be not less than three hundred(300) feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six(6)-foot sight-obscuring fence,board-on-board or cyclone with slats. d. The structure(s)housing the animals shall be large enough to accomodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation. e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m. f. Landscaping for screening and noise abatement may be required by the Hearing Body in addition to sight-obscuring fencing. g. One off-street parking space shall be provided for each eight(8)animals kept on the premises. h. A kennel license and inspections shall be made by the Spokane County Small Animal Control. i. aAdvertising,signs,lighting and parking plans shall be approved by the Hearing Body. j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. Compliance with all the conditions of approval;and ii. The advisability of renewing such permit. k. The applicant shall submit adequate information to aid the Hearing Body in determining that the above standards are satisfied prior to the public hearing. 1. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 5. Kennel,provided that: a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept. b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant. c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred(300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Body to serve as a visual and nosie abatement buffer. e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 a.m. f. One off-street parking space shall be provided for each ten(10)animals kept on the premises. mientigign • Efi tif7Srolitiii 4'1.4 g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i) compliance with all the conditions of approval;and ii) the advisability of renewing such permit. h. The applicant shall submit adequate information to aid the Hearing Body in determining the above standards are satisfied prior to the public hearing. i. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 6. Child day-care center,provided: a. Any outdoor play area shall be completely enclosed to a minimum height of six(6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 7. High School,Junior College,College or University-Public and Private,provided that the following can be demonstrated by the submittal of necessary documents or studies. a. A minimum lot area as follows. i. High school-as required by WAC 180-26-020(2)as it presently exists or as it may be hereafter amended; ii. Junior college-thirty(30)acres; iii. College or university-forty(40)acres. b. Direct,primary vehicular access is provided by a state highway or county arterial. c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washington State Department of Transportation, which analysis/study,among other items,shall discuss ingress and egress to the site for faculty and student vehicles as well as buses. The analysis/study shall investigate, discuss and recommend mitigation measures,including their timing with respect to road and traffic improvements necessary to accommodate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well. e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility. f. The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the selection of the site, which criteria shall include minimally those set forth in WAC Chapter 180-26-020,and that the proposed site is one of the highest-rated sites. 8. Contractor's yard,when located on the same property with the dwelling in which the individual or contractor resides,provided that: a. Minimum lot area: ten(10)acres with three hundred thirty(330)feet of frontage on a public road or street. Nonconforming lots of record which are not less than five(5) acres in size are exempt from the minimum lot area; b. All storage shall be within an enclosed building,or within a six(6)-foot sight-obscuring fence of a solid color;existing vegetation or trees may be used as a sight-obscuring buffer in lieu of fencing,as determined by the Hearing Body; c. All storage areas(including structures)must meet primary use setback requirements; d. Adequate ingress and egress and on-site circulation shall be provided as determined by the Hearing Body; Of Stiokine'Gouii' e. The facility shall be compatible with the surrounding uses either by separation, landscaping,buffering or design as determined by the Hearing 13ody; 1. Signs identifying the contractors yard shall be unlighted and may be attached or detached,not to exceed sixteen(16)square feet on each face or six(6)feet in height; g. Maximum lot coverage for a contractor's yard shall not exceed ten percent(10%)of the lot area; h. Not more than one contractor may utilize the same contractor's yard. 9. Cemetery,provided that: a. Minimum lot area is twenty(20)acres; b. A cemetery shall not be approved if it is deemed to inhibit the residential development of a neighborhood by(but not limited to): i. Its size,shape,or location being such that it would isolate portions of the neighborhood from the balance of the neighborhood or would prevent the extension of streets important to circulation within the neighborhood. ii. Its topographic location being such(low-lying)that the cemetery would be in general view of the majority of homes or potential lots of the neighborhood or adjoining neighborhoods. c. The cemetery property shall be at least five hundred(500)feet from any dwelling existing at the time of site plan approval,except a dwelling of the cemetery owner or employee; d. No building shall be erected in the cemetery within two hundred (200)feet of any property line of the cemetery; e. No graves shall be located closer to any property line than the required front yard setback of the zone in which the property is located; f. Points of ingress and egress shall be approved by the Division and the Spokane County Engineer or,if on a state highway,the district State Highway Engineer; g. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division and the Spokane County Engineer; h. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the County Health District and the State Department Health;and i. All cemeteries shall comply with RCW Chapter 68. 10. Solid waste recycling/transfer site(s)owned and/or operated by a municipal corporation or political subdivision,either individually or jointly,provided that: a. Minimum lot area is two(2)acres; b. Adequate ingress and egress to and on the site for trucks and/or trailer vehicles shall be provided; c. There is a paved access route on-site or a Spokane County Air Pollution Control Authority(SCAPCA)-approved dust palliative program for all driven-on areas;and d. The site will either be landscaped(bermed with landscaping to prelude viewing from adjacent properties)or fenced with a sight-obscuring fence. 11. Private solid waste recycling/transfer site,provided that: a. mum lot area is two(2)acres; b. U_dequate ingress and egress to and on the site for trucks and/or trailer vehicles shall be provided; c here is a paved access route on-site or a Spokane County Air Pollution Control Authority(SCAPCA)-approved dust palliative program for all driven-on areas;and Erm OfrSpo'�katfe.'��c"�CUtt� d. EThe site will either be landscaped,(bermed with landscaping to preclude viewing from adjacent properties)and/or fenced with a sight-obscuring fence as determined by the Hearing Body. 12. Feed lots,provided they are: a. More than one-half(1/2)mile from any incorporated area,urban growth area or from any of the following zones: RS,UR-3.5,UR-7,UR-12 and UR-22; b. Greater than one thousand (1,000)feet from an existing residence; c. Landward of the one hundred(100)-year flood plain or,in the event such cannot be determined,three hundred(300)feet landward of the ordinary high-water mark of all irrigation canals,intermittent streams,lakes and waterways;and d. Subject to conditions resulting from a recommendation of the USDA-NRCS and/or any agency charged with responsibility of health,air and water quality protection. 14.646.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.646.302 thru 14.646.355,when applicable, shall be provided to the Division. 14.696.302 Rural Cluster Developments Rural cluster developments within the RC zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.646.305 Density The maximum density of dwelling units in the RC zone shall be one(1)dwelling unit per twenty (20)acres,except for rural duster developments,which shall have a maximum density of 1 dwelling unit per ten(10)acres. 14.646.310 Minimum Lot Area The minimum lot area for one(1)dwelling unit in the RC zone shall be twenty(20)acres,except for rural duster developments,which shall have a minimum lot area of one(1)dwelling unit per one(1)acre. 14.646.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the RC zone shall be three hundred thirty(330)feet on a public street unless units are clustered in a Rural Cluster Development in which case the minimum frontage shall be 125 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five (125)feet on a public street There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public(private)street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 14.696.320 Minimum Lot Width The minimum lot width for all uses in the RC zone shall be the same for the entire depth of the parcel as the minimum frontage requirements in Section 14.6486315(1). :. :.muufss Of Stmo�aga: un'�$ 14.646.325 Minimum Yards The minimum yards and setbacks for uses in the RC zone shall be as follows: A. All Uses Except Accessory Uses 1. Front Yard and/or Flanking Street Yard: a minimum setback of sixty-five(65)feet from the centerline of all roadway right-of-way or thirty-five(35)feet from front and/or side lot lines,whichever provides the greater setback from the centerline of the roadway right-of-way. 2. Side Yard: each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or a thirty-five(35)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way: 4. Rear Yard: the minimum rear yard shall be thirty(30)feet. B. Accessory Uses 1. Front Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or thirty-five(35)-foot setback from the lot front line, whichever provides the greater setback from the centerline of the roadway right- of-way. 2. Side Yard: five(5)feet except that no side yard is required eighty(80)feet or more from the lot front line. 3. Flanking Street Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or a thirty-five(35)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: no requirement. 14.646.330 Maximum Building Coverage The maximum building coverage in the RC zone shall be twenty percent(20%)of the lot area, except for rural cluster developments,which shall have a maximum building coverage of thirty- five percent(35%)of the lot area 14.646.335 Maximum Building Height The maximum height of residential structures in the RC zone shall be thirty-five(35)feet. There is no height restriction on permitted nonresidential structures. 14.646.340 Parking Standards Parking standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.340. 14.646.345 Sienaae Standards Signage standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 1.4.640.345. 14.646.350 Landscaping Standards Landscaping standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.350. 14.646 355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building,or shall be screened from view from the surrounding properties,and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The private, noncommercial storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight-screened year-round from a non-elevated view with a fence,maintained Type I or II landscaped areali r maintained landscaped berm. Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. ,rmtted:1:1 + 'Js:'i Pew Zotli 0 of spo Y..- -..._tea.«............. ...-w l�� _,.q,. ;• a ax'r _x<"#` .-. w 7:27r-T•1". 17:'.?`..,vet'^—bv-.._y„r, :W:"'•.,», .. Chapter 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL,AND RURAL SETTLEMENT AND FORESTRY ZONES MATRIX,RURAL CONSERVATION AND URBAN RESERVE 5�ection: 14.637.020 Use- Residential/Business/Service/industrial 14.637.040 Use- Public and Semi-Public 14.637.060 Use- Agricultural,Silvicultural,and Agriculture Related 14.637.080 Index of Letters and Symbols 14.637.020 Use-Residential/Business/Service/Industrial RC Aboveground tank storage of liquefied P-Ace.11 petroleum gas(LPG) Adult Retail Use Establishment(Resolution No.99 N 0^762) Adult Entertainment Establishment N Animal,Wildlife Rehabilitation or Scientific P(1) Research Facility(Res.No.99-1061,dated November 30,1999) Auto wrecking,junk and salvage yards Automobile/tnuk painting/repair Billboard(Res.No.99-1030,dated November 16,1999) Business and professional office N Caretaker's residence N Child day-care center(Res.No.0.0884 dated FU.).CU October 10,2000) Child day-care center(in or on a church or a P-Acc. public or private school site)(Res.No.04884 dated October 10,2000) Clustered Development_Rural Community residential facility(8 or fewer N residents) Community residential facility(greater than 8 residents,no more than 25 residents) Community treatment facility(8 or fewer N residents) Community treatment facility( greater than 8 N residents,no more than 20 residents) Conditional Accessory Unit CUM Contractor's Yard CU Dependent Relative Manufactured(Mobile) P-Acc. 1 Home Dormitory N Duplex N Family day-care provider(Rea.No.0-0884 dated October 10,2000) Fraternity,sorority 1_v' Garage/storage structure,detached Home industry CU Home profession 1'-Acc 4 Household pets Inherently Dangerous Mammal and or P(1) Inherently Dangerous Reptile Keeping Machine shop Manufactured(mobile)home Pf1&2 Manufactured(mobile)home park Mincing,gquarrying,blasting,sorting�crushing an djsceenrnO.Of sa o,gavel;cwv.o.t t vcz Multifamily dwelling Neighborhood retail or service business 11f Nursing home,convalescent home Prison,jail,or institution 1. Maximum security 2. Minimum security 3. Work release 4. Correctional facility Retirement apartment Seasonal harvest festivities h1 Self-service storage facility N1 Single-family dwelling LTII Solar collector and associated systems P-Acc. Storage Structure,detached,private P-Acc(1) Tank storage of critical materials Above ground P-Acc_(1) Below ground P-Acc Tire Salvage Yard lV Transitional community facility(8 orfewer NI residents) Transitional community facility(greater than 8 residents,no more than 20 residents) Video Board(Res.No.99-1030,dated November 16, 1999) Wireless Communication Antenna Array P-Acc 1 Wireless Communication Support Tower Other uses may be permitted in accordance with section 14.604.160. . ... - . .- .. - - - ' 14.637.040 Use-Public and Semipublic RC Archery,rifle,gun,pistol ranges/dubs CU Cemetery CU Church Circus(Res.No.99-1061.dated November 30,1999) N Commercial composting storage/processing Community hall,club,or lodge P(1) Community recreational facility Community swimming pool Community transit center N Family day care home Fire station P Golf course Hospital N Incinerator N Landfill N Library N Medical office or emergency clinic Nonmotorized vehicle trail system P(1) Nursery school Chapter'= • Printed. 13 7j{ah �A j-, OfC'�pokalee:Gcnmty Park and ride facility I\' Park,public(including caretakers residence) Post office P Private repeater facility P Public utility local distribution facility Public utility transmission facility P(1) Race tracks(horses,dogs,autos,go-carts,snow- mobiles,off-road vehicles,motorcycles) Recreational area,commercial N Recreational vehicle park Sanitarium Schools-public and private 1. Kindergarten 2. Elementary f' 3. Middle P 4. Junior high S. High CU 6. Junior college CU 7. College or university CU 8. Expansion of existing public or private _P schools or addition of accessory structure on adjacent property Sewage sludge land application Solid waste hauler Solid waste recycling/transfer site CU Solid waste recycling/transfer site,private CU Tower P(1) Tower,private P-Acc.(1) Zoological Park,(Res.No.99-1061.dated November N1 ; 30 1999) • Other uses may be permitted in accordance with section 14.604.160.or as-dete cent-to-the-Zoning Gode. 14.637.060 Agricultural,Silvicultural,and Agriculture-related RC Agricultural processing plant,warehouse P Agricultural product stand P(1) Airstrip for crop dusting and spraying CU Airstrip,personal Airstrip,private CU Animal clinic-veterinary-large and small animals Animal raising and/or keeping P(1), Beekeeping,commercial Beekeeping,hobby Cultivation of land(commercial) P Dairy 1' Farm machinery sales and repair Feed lot CU Feed mill P Fertilizer application facility Fish hatchery Floriculture(flower growing) 1' Gardening t' Gasohol plant.commercial use N Gasohol plant,personal use -• KiVeTA '$_i `gin Grain elevator Grazing Greenhouse-commercial P Hazardous waste treatment and storge facilities, iV off-site Hazardous waste treatment and storage facilities, P-Acc on-site Horse boarding and training 1' Horticulture(vegetable growing) Kennel CU Kennel,private CU Nursery-wholesale Orchard Pi eaorperfer ng/show P Acs. Riding stable Sawmill and lumber mill N Transient-agricultural labor residence N Tree farming Truck gardening Vineyard Winery Other uses may be permitted in accordance with section 14.604.160.ofas-des .-- • - - - g-Code, 14.637.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.638(EA),14.640(GA),14.642(RS),19.644(FZ),and 14.646(RC)for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mobile) Home development standards. P(3) See Chapter 14.812 for required Solar development standards. P(4) See home profession definition. P-Acc. Permitted accessory use CU Conditional use CU(1) See Chapter 14.816 N Not permitted use Zotun Of-Spolcanc 'Qurbly Section IV. Concurrency A. Concurrency Facilities and Services 1. Definitions a. Adequate Public Facilities—Facilities which have the capacity to serve development without decreasing levels of service below locally established minimums. b. Available Public Facilities—Means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation,the specified time is six years from the time of development. c. Concurrence—Means that adequate public facilities are available when the service demands of development occur. This definition includes the two concepts of"adequate public facilities"and of"available public facilities" as defined above. d. Double Plumbing Dry Side Sewers —A sewer service line installed at the time of on-site sewage disposal system construction,which will connect the structure wastewater system to a public sewer, when the public sewer becomes available. (Ref SCC 8.03.1242) e. Drvlinc Sewer—A sewer line,constructed at the time of property development, that is not put into service until the public sewer system is extended to the development. The installation of Dryline Sewers within a development facilitates the simple and straightforward connection of the development to sewer when the public sewer system is extended to the boundary of the development. f. Project Permit/Proiect Permit Application—Any land use or environmental permit or license required from a review authority for a project action,including but not limited to building permits,short plats, subdivisions,binding site plans,planned unit developments, conditional uses,variances, shoreline permits, site plan review,permits or approvals required by the Critical Area Ordinance, site-specific zone reclassifications, manufactured home parks, and change of condition request. 2. Applicability The following facilities and services must be evaluated for Concurrency: a. Transportation f. Parks and Recreation b. Public Water g. Libraries c. Public Sewer h. Solid Waste Disposal d. Fire Protection i. Schools e. Police Protection !`7itofCaiie Cain 3. Direct Concurrency Transportation, Public Water and Public Sewer shall be considered Direct Concurrency Services. Concurrency requirements for public water and public sewer service are detailed in Section IV, F. Transportation facilities serving a development must be constructed,or a financial guarantee for required improvements must be in place prior to occupancy. Applicable permit/project applications shall require Transportation Concurrency Review, described below. - A Concurrency Certificate shall be issued to development proposals that pass the Transportation Concurrency Review. 4. Indirect Concurrency Fire Protection,Police Protection, Parks and Recreation, Libraries, Solid Waste Disposal and Schools shall be considered Indirect Concurrency Services. Spokane County shall demonstrate the adequacy of Indirect Concurrcncy services through the Capital Facilities Plan (CFP). The CFP will be updated annually, at which time all Indirect Concurrency Services will be evaluated for adequacy. The evaluation will include an analysis of population, Level of Service and land use trends in order to anticipate demand for services and determine needed improvements. If any Indirect Concurrency Services are found to be inadequate, the County shall adjust the Land Use element to lessen the demand for services, include a project in the CFP to address the deficiency or adjust the Level of Service. Any of the approaches shall require amending the Comprehensive Plan. B.Transportation Concurrency and Review i 1. The following project permits/project applications shall be subject to Transportation Concurrency Review. a. Subdivisions 1. Residential building permits over 4 units b. Short Plats g. Conditional Use Permits c. Zone Changes with site plans h. Manufactured Home Parks d. Planned Unit Developments i. Extension of time(see exemption No.2.b.) e. Commercial/Industrial building permits j. Change of conditions A Certificate of Concurrency,issued by the Division of Engineering,shall be required prior to approval of the above applications. 2. The following shall be exempt from Concurrency Review: a. Project permits that were issued,or project applications that were determined to be complete(see RCW 36.7013)prior to the effective date of these Concurrency Regulations. b. The first renewal of a previously issued,unexpired project permit,provided that substantial progress has been made as determined by the appropriate review authority. Gltirt 33=ef 8 Prtnrted-.� P.'aQC. . Zanieg:Coi18 Of Spokane Coiii•••' 'K.pRir,'"T..T ^..x�1N>N/ v^,l'K'i.=.SY� K!• J c. Any project permit that will have insignificant transportation impact,and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as determined by the County Engineer. d. The following project permit actions: i. Boundary line adjustments; ii. Final subdivisions/Final PUD's/Final Short Plats/Final Binding Site Plans; iii. Temporary Use Permit; iv. Variances. e. Proposed project perniits/project applications that do not create additional impacts on transportation facilities. Such projects may include but are not limited to: i. Any addition or accessory structure to a residence with no change or increase in the number of dwelling units over 4 units; ii. interior renovations with no change in use or increase in number of dwelling units over 4 units; iii. Any addition, remodel, or interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use. C. Transportation Concurrency Review Procedures 1. Applicability All project permits,except for those exempt, shall apply for Transportation Concurrency Review at the time applications for project permits are submitted. Inquiries about availability of capacity on transportation facilities may be made prior to project permit applications, but responses to such inquiries are advisory only and available capacity can only be reserved through a Concurrency Certificate as set forth in these regulations. 2. Procedures a. Applications for Transportation Concurrency Review shall be submitted on forms provided by the Review Authority. b. Transportation Concurrency Review shall be performed for the specific property, uses, densities and intensities based on the information provided by the Applicant/Property Owner. The Applicant/Property Owner shall specify densities and intensities that are consistent with the uses allowed. c. The Review Authority shall notify the Spokane County Engineer, or his/her designee,of all applications received requiring Transportation Concurrency Review and shall request a Concurrency Determination. RI d. Spokane County Engineer shall notify the Applicant/Property Owner and the Review Authority of the results of the Concurrency Determination within 30 days of receipt of Application for Transportation Concurrency Review. If additional information is needed to determine Concurrency, such additional information may be requested by the Spokane County Engineer. Such request shall not make the original project application deemed incomplete. e. The project permit may be conditioned as necessary to ensure that an improvement relied upon to demonstrate Concurrency will be completed or a Transportation System Management Strategy shall be a part of the permit decision. f. If the proposed project fails the Concurrency Test and the project permit cannot be conditioned to accomplish concurrency, the project permit(s) shall be denied. g. if the proposed project passes the Concurrency Test,the Division of Engineers shall issue a Concurrency Certificate to the Applicant/Property Owner. The Certificate shall be used to maintain an accounting of traffic impacts on County Roads and the capacity that has been reserved. h. If the project permit has been withdrawn, expires,or is otherwise cancelled, the Concurrency Certificate shall automatically be voided. The appropriate review authority shall send notice of all voided Certificates to the Applicant/Property Owner and the County Engineer. 3. Relation to Other Requirements Compliance with or exemption from the requirements of these regulations shall not exempt a project from compliance with all other County, State, and Federal regulations. 4. Concurrency Certificate a. A Concurrency Certificate shall only be issued upon payment of any concurrency fee due. b. A Concurrency Certificate shall apply only to the specific land uses, densities, intensities and project described in the application and project permit. c. A Concurrency Certificate is not transferable to other property,but may be transferred to new owners of the same property. d. A Concurrency Certificate shall remain valid so long as the accompanying project permit has not expired or been revoked. e. A Concurrency Certificate is valid for any modification of the permits for which the Certificate was issued so long as such modification does not require the Applicant to obtain a new project permit. f. Any capacity that is not used because the full extent of the development is not built shall be returned to the pool of available capacity. :Pow, y. 75.of 78 n gf1U 'q6'i4 5. Concurrency Certificate Fees Fees for issuing Concurrency Certificates shall be based on an adopted fee schedule. D. Phased Development 1. When a project is proposed in phases or construction is expected to extend over some period of time, the Applicant/Property Owner may offer a schedule of occupancy that will be used by the County Engineer to determine the schedule of transportation improvements that must be completed,or financially guaranteed, prior to occupancy of each phase. However, the required transportation improvements shall be determined by analyzing the traffic impacts estimated to be generated by the fully completed project. E. Transportation Concurrency Test Procedures 1. Highway Capacity Manual methods selected by the County Engineer shall be used to analyze project impacts to intersections. 2. Level of Service information in the Capital Facilities Plan, which is updated annually, shall be used as a starting reference to analyze project impacts. 3. Level of Service information shall be updated as necessary to account for traffic levels resulting from the following: a. traffic from newly constructed projects, b. projects for which traffic impacts have been tentatively reserved; and c. projects for which a Concurrency Certificate has been awarded; and, d. non-project, general background traffic increases. Level of Service information shall also be updated as necessary as a result of any discontinued Concurrency Certificates, funded road projects or new Level of Service analysis. 4. Each County intersection affected by the proposed projects shall be reviewed and analyzed for Concurrency. The Applicant/Property Owner may be required to provide a traffic analysis if existing information does not provide adequate information for the Concurrency assessment. 5. Project proposals shall pass the Concurrency Test if (1)the transportation impacts from the proposed project does not decrease the Level of Service of affected intersections below the adopted standards; or, (2) the Applicant/Property Owner agrees to modify the project or provide transportation improvements and/or binding financial commitments that will result in the Level of Service of each deficient intersection meeting or exceeding the adopted standards. UNklaoSi F. Water and Sewer Concurrency Inside Urban Growth Areas New development shall not be approved within the Urban Growth Area boundary unless the proposal can demonstrate the availability of public water and sewer services consistent with adopted Levels of Service,and consistent with the definition for Concurrency in the Spokane County Comprehensive Plan Update. New development must: 1)be connected to a live(fully operational)public sewer at the time of occupancy,or 2)be located within the Spokane County 6-year Sewer Capital Improvement Program, as adopted. New development located within a 6-year Sewer Capital Improvement Program area may install septic systems on an interim basis until such time as sewer service is available. All new development shall install dry line sewers and double plumbing if the new development will rely on an interim septic tank/drainfield system rather than being connected to a live sewer. Once sewer service is available,the development shall be required to immediately connect to the County's sewer system. New Development shall be deemed to have met the"availability"threshold for sewer concurrency if the developer has approved sewer plans, and provides adequate financial security to cover the full cost of constructing the sewerage facilities required for the development. Acceptable plans and security shall be provided before final approval of the proposed development. Developer-financed extensions of public sewer may be allowed within any area of the Urban Growth Area provided capacity and infrastructure needs are adequately addressed. For purposes of this section, new development shall include subdivisions, short plats, binding site plans,manufactured home park site development plans,planned unit development, and zoning reclassifications. Conditional use permits shall also be considered new development if the proposed use would result in an increased amount of wastewater generated on the site. New development not requiring sewer and/or water service(e.g. cellular towers)is exempt from this section. G. Limitation of Services Outside Urban Growth Areas. 1. Public Sewer Service shall not be provided outside the Urban Growth Area except as follows: a. In response to an immediate threat to public health or safety. b. When necessary for the protection of aquifers designated in accordance with RCW 36.70A.170. c. To vested development that is required to be served with sanitary sewer as a condition of development approval. ibtcr S Pate• Of sj iiliar�e G`Si d. As may otherwise be allowed by state law. The extension of sewer service according to the exceptions permitted in this section shall not be considered an inducement to types or levels of growth that are not appropriate in the rural area. 2. The provision of public water service and construction of water service lines or other water system facilities shall be allowed outside Urban Growth Area boundaries. The design of public water systems in rural areas shall not be considered an inducement to types or levels of growth that are not appropriate in the rural area. Section V. Applicability. These regulations shall not apply to land use applications vested in accordance with state and local law. Section VI. Conflicts Between Provisions. This ordinance shall apply as an overlay and in addition to other adopted plans,ordinances and regulations affecting lands in Spokane County. In the event of any conflict between this ordinance and other plans, ordinances and regulations,the provisions of this ordinance shall prevail. In the event of any conflict between this ordinance and any development agreement which has been executed under RCW 36.70B.170,prior to the effective date of this ordinance,the development agreement or provisions therein shall govern and prevail during the term of the agreement. Section VII. Effective Date.This ordinance shall be effective immediately upon passage by the Board of County Commissioners. Section IIX. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the ordinance or the application of the provision to other persons or circumstances shall not be affected. Section IX. Repeal IUGA Interim Regulations.The Spokane County Interim Development Regulations Designating Interim Urban Growth Areas(IUGA)(BoCC Resolution 97-0321),as amended; arc hereby repealed. gat. tiam. l z oc.s 444 - 2 0037 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF ADOPTING PHASE I DEVELOPMENT ) FINDINGS REGULATIONS TO IMPLEMENT THE SPOKANE COUNTY ) AND COMPREHENSIVE PLAN,ESTABLISHLNG AN EFFECTIVE ) DECISION DATE OF THE COMPREHENSIVE PLAN,AND REPEALING ) INTERIM DEVELOPMENT REGULATIONS ) WHEREAS,pursuant to RCW Chapter 36.32.120(6), the Board of County Commissioners of Spokane County,Washington,hereinafter referred to as the"Board", has the care of County property and management of County funds and businesses; and WHEREAS,on July 1, 1993 Spokane County was mandated to update its Comprehensive Plan to conform with the requirements of the Growth Management Act and RCW Chapter 36.70A;and WHEREAS,pursuant to the provisions of RCW Chapter 36.70A, the Board adopted a Comprehensive Plan and Capital Facilities Plan for Spokane County on November 5, 2001 (BCC Resolution 1-1059); and WHEREAS,pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and development regulations; and WHEREAS,pursuant to RCW 36.70A.370, local governments must utilize the process established by RCW 36.70A.370(1)to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property; and WHEREAS,pursuant to RCW 36.70A,the Board adopted Countywide Planning Policies for Spokane County(CWPPs)on December 22, 1994 and subsequently amended said policies(BCC Resolutions 94-1719,96-1205, 97-0297 and 97-0937); and WHEREAS, pursuant to RCW Chapter 36.70A,the Board adopted an allocation of the 20-year growth management population projection on April 8, 1997,and the Spokane County Interim Development Regulations Designating Interim Urban Growth Areas (IUGA), as contained in Board Resolution 97-0321, and as amended by Board • Resolutions 97-0874 and 99-0498; and 2 0037 WHEREAS, pursuant to RCW 36.70A.140 and WAC 365-195-600,the Board adopted Public Participation Program Guidelines on February 24, 1998 and subsequently amended said policies(BCC Resolutions 98-0144 and 98-0788, respectively); and WHEREAS,pursuant to WAC 197-11-060, Spokane County followed a process of phased environmental review to meet its planning responsibilities under the Growth Management Act(GMA)and the environmental review process per the State Environmental Policy Act(SEPA); and WHEREAS,Phase I Development Regulations are intended as the first phase of official controls to implement the Spokane County Comprehensive Plan; and WHEREAS,pursuant to the State Environmental Policy Act(SEPA) and WAC 197-11, an addendum to the Supplemental Draft and Final Environmental Impact Statements(E1Ss) for the Comprehensive Plan was prepared for the Phase 1 Development Regulations. The addendum was issued on August 27, 2001; and WHEREAS,the Spokane County Planning Commission,herein referred to as the "Commission"is authorized by RCW Chapter 36.70 to recommend to the Board for their review and consideration for adoption,regulations that implement the Comprehensive Plan; and WHEREAS,after providing at least fifteen (15)days notice,the Commission held a public hearing on September 13, 2001,and considered public testimony concerning the Phase 1 Development Regulations; and WHEREAS,the Commission, in public meetings, conducted deliberations on the Phase 1 Development Regulations on September 13, 20 and 27, 2001 and modified said regulations based on public testimony; and WHEREAS,pursuant to RCW 36.70A.106, Spokane County notified the Washington State Office of Community Development on August 28, 2001 of the intent to adopt the Phase 1 Development Regulations;and 2 . 0037 WHEREAS,the Commission, at its September 27"', 2001 meeting, adopted Findings of Fact and Recommendation that recommended the adoption of the Phase 1 Development Regulations as specified by the Commission;and WHEREAS,the Board received the Commission's recommendation for the Phase I Development Regulations from the Commission on October 9, 2001;and WHEREAS, on October 23, 2001,the Board signed a Notice of Public Hearing, Resolution No. 1-1033,providing for sufficient notice announcing the Board's public hearing concerning the Phase 1 Development Regulations; and WHEREAS,after providing at least fifteen(15)days notice, the Board held a public hearing on November 28,2001, and considered public testimony concerning the Phase I Development Regulations; and WHEREAS, the Board conducted deliberations on the Phase I Development Regulations on December 10 and 13, 2001, and January 2, 3,4, 7, 9, 10, 11 and 14, 2002 to review all oral and written testimony of record; and WHEREAS,during deliberations, the Board directed the Division of Planning Staff to make minor modifications to the Phase 1 Development Regulations; and WHEREAS, after considering the Commission's recommendation and all public testimony of record,as well as recognizing compliance with the Growth Management Act and the State Environmental Policy Act, the Board finds that the best interest of the general public,as well as their health, safety and welfare, will be met by adopting the Phase 1 Development Regulations as modified by the Board and contained within Attachment `A' attached hereto and incorporated herein by reference; and 2 00.37 NOW,THEREFORE, BE IT RESOLVED by the Board that, in adopting the Phase 1 Development Regulations as contained in Attachments `A' the Board makes the following: FINDINGS OF FACT #1 Spokane County is required to adopt development regulations that implement the Comprehensive Plan to meet the requirements of the Washington State Growth Management Act, RCW 36.70A. The Phase I Development Regulations consider new development regulations and changes to existing development regulations to ensure consistency and compliance with the Comprehensive Plan and the Growth Management Act. Additional regulations will be adopted in future phases. #2 The Board received a recommendation from the Planning Commission,dated September 27, 2001, to adopt the Phase 1 Development Regulations. #3 The Board considered the planning goals of the Growth Management Act(RCW 36.70A.020) in making this decision, and the decision supports the goals of the Growth Management Act. #4 The Board considered the Countywide Planning Policies for Spokane County (CWPPs)in making this decision,and the decision is consistent with the CWPPs (BCC Resolutions 94-1719, 96-1205, 97-0297, and 97-0937). #5 The Board's decision is consistent with WAC 365-195-725, RCW 36.70A.370 and the Washington State Attorney General's memorandum, State of Washington Attorney General's Recommended Process and Advisory Memorandum for Evaluation of Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Taking of Private Property, March 1995,and does not unconstitutionally infringe upon private property rights. • 2 0037 #6 The Board concurs with the Addendum to the Supplemental Draft and final Environmental Impact Statements for the Comprehensive Plan issued by the Spokane County Division of Planning on August 27,2001 with respect to the proposed Phase I Development Regulations. #7 The Board finds that Spokane County has met the requirements of the Washington State Environmental Policy Act(SEPA)with respect to adoption of the Phase 1 Development Regulations. The Board recognizes that Spokane County has followed a phased environmental review (per WAC 197-11-060)that integrates the environmental analysis required by SEPA((RCW 43.21C)with the draft Comprehensive Plan,pursuant to authorization in the SEPA rules(WAC 197-11-210,-220, -228, -230,-232 and -235). The phased and integrated review is desirable because it allows more complete and timely consideration of potential impacts throughout the process of developing the Comprehensive Plan and associated development regulations. #8 Spokane County has provided for early and continuous public participation in the consideration and adoption of the Phase 1 Development Regulations,consistent with RCW 36.70A.140,WAC 365-195-600 and the adopted Public Participation Program Guidelines(BCC resolutions 98-0144 and 98-0788). Public Participation for the Phase 1 Development Regulations included: a. Notice within the monthly newsletter titled Planning Ahead that discusses planning issues, the planning process,announces public meetings and hearings,and invites public participation and comments; b. Public notice of hearings and meetings as required by Washington State law, including a legal notice published in the Spokesman Review newspaper; c. Notice within an interactive website dedicated to planning in Spokane County, including information and direction on how to provide public comment; d. Notice by commercial display advertisement within the Spokesman Review newspaper; 2 0037 e. A public notice brochure mailed to approximately 67,000 property owners within Spokane County. #9 After the required public notice, the Board held a public hearing on November 28, 2001, to consider adoption of the proposed Phase I Development Regulations. The Board continued the public hearing for submission of written testimony only, to December 7,2001. #10 Public testimony at the November 28, 2001 public hearing included both support and opposition for the regulations as set forth,as well as proposed changes. #11 The Board conducted deliberations on the Phase 1 Development Regulations on the following dates: December 10 and 13,2001,and January 2, 3,4, 7, 9, 10, 11 and 14,2002. At the deliberations,the Board reviewed 63 comment letters and summaries of the 28 oral comments from the public hearing. #12 Upon review of all testimony of record, and considering the Planning Commission's recommendation,the Board directed Planning Staff to make minor modifications to the proposed Phase I Development Regulations. The changes are summarized as follows: Section 1—Revisions to Zoning Map Designations 1. Provisions were revised concerning the transition from existing(old) zoning map designations to the new map designations. The revisions provided a one-year transition period for certain zone map designations and pending land use actions within the Urban Growth Area. 2. The Rural Land Use implementation table was revised so the Exclusive Agriculture zone became the implementing zone for the Large Tract Agriculture Comprehensive Plan category. 2 0037 Section H- Zone Reclassification Applications 1. The Urban Residential-12 and industrial Park zones were added as implementing zones for the Mixed Use Comprehensive Plan Category. 2. The Community Business zone was added as an implementing zone for the Neighborhood Commercial and Neighborhood Center Comprehensive Plan categories,with some restrictions. Section III- Zone Text Amendments 1. Rural clustering provisions were revised to limit clustering in the General Agriculture zones to only those areas classified as Rural Traditional in the Comprehensive Plan. 2. Minor revisions were made to the development standards for Residential Clusters(14.824.120). 3 Minor revisions to the Rural-5 zone including revisions to the use matrix,development standards for specific uses,and revisions to storage standards. 4. Additional uses were included within various zones of the zoning code for Highway Maintenance Facilities,State Patrol Facility,and Youth Camps. 5. The addition of definitions for"Youth Camps"and "Ultralight Vehicles." 6. The revision of Chapter 14.506 to allow an administrative exception to building height under special circumstances. 7. Minor revision of the Industrial Zones Matrix from what was recommended by the Planning Commission. 8. Minor revisions to the Urban Reserve zone including revisions to the use matrix, development standards for specific uses,and revisions to storage standards. 9. Minor revisions to the Rural Conservation zone including revisions to the use matrix,development standards for specific uses,and revisions to storage standards. 2 0037 r , Section IV- Concu.rrenc' 1. Minor text revisions for clarification Section VI- Conflicts Between Provisions 1. The addition of text to address development agreements that have been executed under RCW 36.70B.170. #13 The proposed Phase I Development Regulations provide adequate development regulations to allow the repeal of the Spokane County Interim Development Regulations Designating Interim Urban Growth Areas(IUGA) (BOCC Resolution 97-0321). #14 The proposed Phase t Development Regulations includes the following elements that implement and provide consistency and compliance with the Comprehensive Plan and the Growth Management Act: a. Changes to the official zoning map to implement the Urban Growth Area (UGA)boundary and ensure the separation of urban and rural zoning categories. b. The adoption of a zone reclassification or"zone change"matrix that ensures that future zone reclassifications are consistent with the Comprehensive Plan and Growth Management Act. c. The adoption of zoning code text amendments to implement new zoning categories and new development standards that arc consistent with the Comprehensive Plan. d. The adoption of a concurrency management system to ensure that adequate services and infrastructure are available at the time of development. 2 0037 #15 The Mining zone allows intensives land uses that can have major noise, air, transportation and aesthetic impacts in Urban Areas. Due to the potential negative impacts of mining on urban communities, the Mining Zone is not included within the transitional provisions of Section 1, Phase I Development Regulations. #16 The proposed Phase I Development Regulations,as set forth in Attachment `A', are consistent with and implement the Spokane County Comprehensive Plan, Capital Facilities Plan and the requirements of the Growth Management Act (GMA). BE IT FURTHER RESOLVED, that based upon the findings set forth herein and the files and testimony in this matter, the Board of County Commissioners of Spokane County does hereby adopt the Phase I Development Regulations for Spokane County as shown in Attachment 'A', which regulations shall have an effective date of January 15, 2002 at j=2:DO pm. BE IT FURTHER RESOLVED,that the Spokane County Comprehensive Plan and Capital Facilities Plan adopted on November 5, 2001 by Resolution No. 1-1059 shall have an effective date of January 15,2002 at 42: MS pm. BE IT FURTHER RESOLVED, that the Spokane County Interim Development Regulations Designating Interim Urban Growth Areas adopted pursuant to Resolution No. 97-0321 and all amendments thereto, codified as chapter 15.04 of the Spokane County Code are hereby repealed. BE IT FURTHER RESOLVED, that the Board of County Commissioners concurs with the Addendum to the Supplemental Draft and final Environmental Impact Statements for the Comprehensive Plan issued by the Spokane County Division of Planning on August 27, 2001 with respect to the proposed Phase 1 Development Regulations. BE IT FURTHER RESOLVED,that the Clerk of the Board is directed to publish a notice of adoption pursuant to RCW 36.70A.290(2b). 2 0037 BE IT FURTHER RESOLVED,that the Clerk of the Board is directed to send a copy of the Phase I Development Regulations as contained in Attachments `A' to the Washington State Office of Community Development pursuant to RCW 36.70A.106 within 10 days of adoption. BE IT FURTHER RESOLVED, that the Board makes part of these findings and decision all files in the Spokane County Public Works Department—Division of Planning, Planning Commission,and the Board of County Commissioners along with the tapes,documents and files of all public hearings related to this matter and further adopts all recitals herein as findings of fact. ADOPTED BY THE BOARD this BOARD OF COUNTY COMMISSIONERS Z day of i , 2002. OF SPOKANE COUNTY,WASHINGTON ATTEST: --- VICKY M. DALTON air CLERK OF THE BOARD Alli • Vice-chai �aniela Erickson, De•_ o. • i "0 ', C• 1 issioner I �c�, • •,1 . . _ „„. DISTRIBUTION DATE . Dept. Dept Legal Publi=ion File Code(2) pt L.RP •: Low srorFeewireiBridget Stale Examiner 2 0037 Attachment A Phase I Development Regulations Implementing the Spokane County Comprehensive Plan Phase 1 Development Regulations Attachment A { •.. . Section I. Revision to Zoning Map Designations. Spokane County zoning map designations and text are modified and amended per the following crossover matrix. The matrix compares comprehensive plan categories (column A)to existing zoning map designations(column B) and then prescribes revisions to the zoning map(column C). The matrix shall be used to interpret and define zoning map designations. Conditions of Approval or Other Special Requirements The Crossover Matrix and zoning map revisions do not eliminate conditions of approval or other special requirements for zone map designations established through past zoning actions. In cases where there is a conflict between a zoning standard and a condition of approval or other special requirement,the more restrictive standard will apply. Transitional Provisions Existing Zoning-Within the Urban Growth Area Boundary, the utilization of the existing (old)zoning map designations shall be allowed for commercial and industrial zones for one year from the date of adoption of this ordinance (adopted January 75, 2002). Zone Reclassification Applications-Within the Urban Growth Area Boundary, any zone reclassification application that does not comply with this ordinance but is considered counter complete prior to the date of adoption of this ordinance, shall be allowed to proceed with the reclassification process under the Comprehensive Plan and land use regulations in place at the time the application is made. If approved, the zone reclassification shall be effective for one year from the date of final approval and building permits must be applied for during this time. At the end of the one-year period,the zoning shall crossover to the new Zoning Map Designation per the crossover matrix. Variances and Conditional Use and Special Permit Applications- Within the Urban Growth Area Boundary; any conditional use, variance or special permit application which does not comply with this ordinance but is considered counter complete prior to the date of adoption of this ordinance, shall be allowed to proceed with the application process under the Comprehensive Plan in place at the time of the application. If approved,the conditional use, variance, or special permit shall be effective for one year from the date of final approval. During this one-year period,building permits must be applied for and uses must be established consistent with the variance, conditional use or special permit. Mining Zones The Transitional Provisions relating to Existing Zoning and Zone Reclassification Applications within Section I do not apply to Mining zone designations. Mining zones shall be immediately crossed over to the New Zoning Map Designation, per the crossover matrix,upon the effective date of this ordinance. These transitional provisions do not exempt a use from any Zoning Code text amendment adopted by the Board of County Commissioners. 2 of 78 Phase 1 Development Regulations Attachment A The matrix works as follows: A D C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation The property's Land Use And the zoning designation under Then the zoning map designation Category under the NEW the existing zoning map becomes: Comp Plan is as below. Urban Residential Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Urban Residential-3.5(UR 3.5) Existing zone map designations Urban Residential-7(UR 7) retained Urban Residential-12(UR-12) Low Density Urban Residential-22(UR-222 Residential All other existing zone map Urban residential-7(UR-7)* designations Urban Residential-7(UR-7),and Existing zone map designations Urban Residential-12(UR-12) retained Medium Density Urban Residential-22(UR-22) Residential All other existing zone map Urban residential-7(UR-7) designations Urban Residential-22(UR-22) Existing zone map designations retained High Density Residential All other existing zone map Urban residential-22(UR-22) designations *UR-7 may be used as an implementing zone but density for new development shall not exceed 6 dwelling units per acre. 3 of 78 Phase 1 Development Regulations Attachment A i Urban Residential Categories - Continued A i3 C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Mixed Use All existing zone map Existing zone map designations designations retained Urban Activity Center All existing zone map Existing zone map designations (UAC) designations retained Community Center Neighborhood Center Urban Commercial/Industrial Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Regional Commercial All existing zone map Existing zone map designations designations retained Community All existing zone map Existing zone map designations Commercial designations retained Neighborhood All existing zone map Existing zone map designations Commercial designations retained Light Industry All existing zone map Existing zone map designations designations retained Heavy Industrial All existing zone map Existing zone map designations designations retained Mining All existing zone map Existing zone map designations designations retained 4 of 78 Phase I Development Regulations Attachment A ._� Rural Categories A I3 C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation All Comprehensive Plan Industrial or commercial zones Existing zone map designations categories outside the that meet the criteria established retained. Includes parcels UGA in Comprehensive Plan Policy 03011.9601,05243.0108, RL.5.6 14163.9601,15272.0102, 28144.9088,28144.9089, 55224.0403,and 56353.9223. General Agricultural(GA) Existing zone map designations Mining(Mz) retained Rural Traditional All other existing zone map General Agricultural(GA) designations Regional Commercial(B-3), Existing zone map designations Community Commercial(13-2), retained Neighborhood Business(B-1), ._. Industrial Park(I-1),Light Industrial(I-2),Heavy Industrial Rural Traditional (I-3). Within a Small Town UGA All other existing zone map General Agricultural(CA) designations Rural-5 All existing zone map Rural-5(R-5) designations (New Zoning Category) Existing zone map designation Mining(MZ) retained Rural Conservation All existing zone map Rural Conservation(RC) designations (New zoning category) • 5 of 78 Phase 1 Development Regulations Attachment A I Rural Categories - continued A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation Limited Development All existing zone map Existing zone map designations Areas designations retained (Residential and Commercial) Rural Activity Centers All existing zone map Existing zone map designations designations retained Urban Reserve All existing zone map Urban Reserve(UR) designations (New zoning category) • Resource Land Categories A B C Comprehensive Plan Existing Zoning Map New Zoning Map Category Designation Designation General Agricultural(GA) and Existing zone map designations Mining(MZ) retained Small Tract Agriculture All other existing zone map General Agricultural(GA) designations Large Tract Agriculture All existing zone map Exclusive Agriculture designations Forest land AU existing zone map Existing zone map designations designations retained Heavy Industrial(1-3) Mining(MZ) Mineral Land All other existing zone map Existing zone map designations designations retained 6 of 78 Phase 1 Development Regulations Attachment A Section II. Zone Reclassification Applications. Applications for amendments to the Spokane County zoning map initiated under Section 14.402.100(1)of the Zoning Code shall be limited to reclassifications that are consistent with the comprehensive plan category and associated implementing zone as provided in the table below. r q..Comprehensive Plan Category : . ' - !'Implemnentting Zone .. Spokane.County Zoning Code Low Density Residential Urban Residential-3.5(UR-3.5) Urban Residential-7(UR-7)' Medium Density Residential Urban Residential-7(UR-7) Urban Residential-12(UR-12) High Densi 'Residential Urban Residential-22(UR-22) Mixed Use Urban Residential-12(UR-12) Urban Residential-22(UR-22) Neighborhood Business(B-1) Community Business(15-2) Industrial Park(1-1) Urban Activity Center Urban Residential-22(UR-22) `_ � Community Center Neighborhood Business(B-1) Community Business(B-2) Regional Commercial Regional Business(11-3) Communi. Commercial Communi Business(11-2) Neighborhood Commercial Neighborhood Business(B-1) Neighborhood Center Community Business(B-2)*' Light Industrial Light Industrial(I-2) Heavy Industrial Heavy Industrial(1-3) *UR-7 may be used as an implementing zone but density for new development shall not exceed 6 dwelling units per acre. "Approval of the Community Business(B-2)zone shall be limited to the restaurant(alcoholic)use as allowed in the Community Business matrix under Chapter 14.623 except that separate bars or bar areas are prohibited. The Hearing Examiner may stipulate conditions and restrictions including but not limited to the following:control of use,setbacks,landscaping,hours of operation,noise,odor,or other environmental impacts. \ J. 7 of 78 . _ Phase 1 Development Regulations Attachment A n Zone Reclassification Applications-continued A.V4 -,.,4-,,ipb;;,-;,6te4c;rv-:41,-. iitipf4g-eztoi 6r--7.1,■"{ • f:,i1:Stmkai*Ce• '7;4?e:ii::4:1-(e.:•kjt •4.A., Rural Traditional General Agriculture(GA) Mining Rural-5 Rural-5(R-5)(new zone) Rural Conservation Rural Conservation(RC)(new zone) Mining Small Tract Agriculture General Agricultural(GA) Mining Large Tract Agriculture Exclusive Agricultural(EA) Forest Land Forestry Zone(FZ) Mineral Land Mining(MZ) Commercial/Industrial Neighborhood Business(B-1) Limited Development Area Community Business(B-2) Light Industrial(1-2) Residential Urban Residential-3.5(UR-3.5)through Urban Limited Development Area Residential-12(UR-12) Rural Activity Centers Rural Settlement(RS) Urban Reserve Urban Reserve(UR)(new zone) 8 of 78 Phase I Development Regulations Attachment A Section IIL Revisions to Zoning Code Text. The Spokane County Zoning Code text is amended to include new chapters and revisions to existing chapters of the code. New Chapter of Spokane County Zoning Code Chapter 14.824 RURAL CLUSTER DEVELOPMENT Section: 14.824.000 Purpose 14.824.020 Definitions 14.824.040 Applicability 14.824.060 Process 14.824.080 Performance Standards 14.824.100 Density 14.824.120 Residential Clusters 14.824.140 Remainder Parcel 14.824.160 Open Space Management Plan 14.824.000 Purpose: The purpose of this chapter is to provide for rural cluster developments(RCDs)which encourage the grouping of residential lots on areas of the site that are best suited for development. The remainder of the site may then be used for open space or,in the case of urban reserve areas, explicitly designated for future development. Appropriately designed RCDs can preserve active agricultural and forestry uses. They can also provide a mechanism to maintain sensitive environmental areas as open space. In many cases RCDs minimize impacts to necessary public services by decreasing the roadway needed to serve a development and by allowing for shared utilities. Rural fire protection may also be enhanced through the clustering of homesites. RCDs implement the Rural Element of the Spokane County Comprehensive Plan,particularly the provisions for utilizing innovative development techniques and incentives to conserve open space. 14.824.020 Definitions: 1. "Residential Cluster"shall mean a grouping of residential lots within a rural cluster development which share a common outer boundary. A residential duster may include lots on both sides of a public or private road. 2. "Remainder parcel,"shall mean the remainder parcel of the cluster subdivision that contains the majority of the land within the development and is devoted to open space,wildlife habitat,resource uses,future urban development,or other authorized use. 14.824.040 Applicability: Rural cluster developments(RCDs)are permitted within the zoning classifications of Rural Conservation(RC), Rural-5(R-5),Urban Reserve(UR)and General Agriculture(GA);except that for General Agriculture(CA)zones,RCDs shall only be permitted when located within the Rural Traditional category of the Spokane County Comprehensive Plan. 14.824.060 Process: A rural cluster development shall comply with all applicable provisions of the Spokane County • Subdivision Ordinance and Zoning Code,as amended. The preliminary plat for a rural cluster development(RCD)shall illustrate compliance with the requirements of this Chapter and the concept of the development and the uses allowed shall be binding. 9 of 78 Phase 1 Development Regulations Attachment A 14.824.080 Performance Standards: Prior to the issuance of a land use action,evidence of compliance with the provisions of Sections 14.824.100 thru 14.824.180 and compliance with the requirements of the underlying zone,shall be provided to the Division. 14.824.100 Density: 1. Maximum density for rural cluster developments shall be one(1)unit per ten(10)acres in the General Agricultural(GA)and Rural Conservation(RC)zones;and one(1)unit per five(5) acres in the Urban Reserve(UR)and Rural-5(R-5)zones. 2. The remainder parcel may include one existing residential dwelling unit or may be restricted to open space or other nonresidential uses as specified in the open space management plan and allowed within the underlying zoning category. If a residence is located on the remainder parcel,it shall be counted as a residential unit within the total allowed residential units for the subdivision. 14.824.120 Residential Clusters: PrrVart Rnunrtary, 1. Within a residential cluster there shall be a minimum .y luster of two(2)and a maximum of eight(8)lots. y `v�Lots 2. Residential clusters shall be physically separated from one another by open space buffers. The minimum buffer between residential clusters shall be Open Space • 300 feet. The buffer width may be reduced if the requirements of 14.824.120(3)cannot be achieved. 3. Residential clusters shall be sited to retain rural • a. character and minimize conflicts between dwelling „' A units,adjacent agricultural/forest lands,shorelines, Open Space VA:ar and critical areas. Cluster i Lots I 4. The requirements of 14.824.120(1)(2)above shall not R apply to rural cluster developments within the Urban Reserve category provided 85%of the site is retained Conceptual Site Plan as open space. Size: 100 acres -Lot size:2 acres per lot Number of lots: 10- 80% open space 14.824.140 Remainder Parcel: 1. Remainder parcels shall be designed to best accommodate their intended open space use (small scale agriculture/forestry,habitat,or future urbanization).The use of the remainder parcel shall be consistent with the purpose and intent of this chapter and the underlying zone • category and shall be specified in the open space management plan. A reference shall be placed on the face of the plat and a title notice shall be recorded that clearly states that only the use(s)defined in the open space management plan are permitted on the remainder parcel. 10 of 78 Phase 1 Development Regulations Attachment A 1 2. In the Rural Conservation(RC),General Agricultural(GA),and Rural-5(R-5)zones the remainder parcel shall be permanently protected as open space. 3. The remainder parcel shall contain to the maximum extent possible forested areas,prominent hillsides,meadows,ridges and environmentally sensitive areas. 4. The remainder parcel must have feasible,legal access to public roads. 5. The remainder parcel within a rural cluster development(RCD)shall include a minimum of 70%of the total site area. 14.824.160 Open Space 114anagement 1. An open space management plan is required for the remainder parcel. The plan shall be submitted and approved with the preliminary plat application. The plan shall include: a. Details concerning ownership,tax liability,and responsible parties for maintenance of open space; b. Use of the remainder site,which shall be in accordance with the Zoning Code; c. Details concerning permanent protection of open space if located in the Rural Conservation(RC),General Agricultural(GA),or Rural-5(SRR-5)zones; d. Details on interim use if located in the Urban Reserve zone; e. Details on maintainence of the open space,including control of noxious weeds;and f. Any construction activities(trails,fencing,agricultural buildings)and vegatative clearing that may occur on site. 2. All subsequent activities must be conducted in conformance with the approved open space management plan. Open space management plans may be modified through amendment procedures within the zoning code and/or a plat alteration,but in no case shall perpetually dedicated open space be revoked. 3. The open space management plan,as described above,shall be referenced on the face of the final plat and shall be filed as a title notice. 4. If the remainder parcel is within an urban reserve area,the following title notice shall be filed on the property and adjacent properties and the wording shall additionally be placed on the face of the plat: Lot_,Block_,of is an open space parcel reserved for future development when the Urban Growth Area Boundary is expanded to include the open space parcel. Future development of this parcel may include small lot residential uses and/or commercial/industrial uses commonly found in an urban area. The open space parcel is not intended to be preserved in perpetuity. 5. Applicants for rural cluster developments shall be encouraged to review Spokane County's Open Space taxation program for applicability to their development. 11 of 78 Phase 1 Development Regulations Attachment A New Chapter of Spokane County toning Code Chapter 14.608 RURAL-5(R-5)ZONE Section: 14.608.100 Purpose and Intent 14.608.210 Permitted Uses 14.608.220 Accessory Uses 14.608230 Prohibited Uses 14.608.240 Conditional Uses 14.608.300 Development Standards 14.608.302 Rural Cluster Development 14.608.305 Density 14.608.310 Minimum Lot Area 14.608315 Minimum Frontage 14.608.320 Minimum Lot Width 14.608.325 Minimum Yards 14.608.330 Maximum Building Coverage 14.608.335 Maximum Building Height 14.608.340 Parking Standards 14.608.345 Signage Standards 14.608.350 Landscaping Standards 14.608.355 Storage Standards 14.608.100 Purpose and Intent The purpose of the Rural-5(R-5)zone is to implement the Rural Element of the Comprehensive Plan and the Rural-5 designation on the Comprehensive Plan Land Use map. Areas zoned R-5 are located outside the Urban Growth Area and outside of designated agricultural,forest and mineral lands. The R-5 zone is a low density zone that allows residential development at a density of one(1) dwelling unit per five(5)acres. Clustering of residences onto lots smaller than five acres in size is also permitted in accordance with the clustering provisions of this Code. Nonresidential and accessory uses appropriate in the R-5 zone include small farms,large animal keeping,and home industries. Opportunities exist for farming and forestry activities which do not qualify for natural resource land designation. Typically,areas zoned R-5 will be served by individual wells,on-site wastewater disposal, volunteer fire departments and lower levels of police protection. The provision of public water may be appropriate in some areas zoned R-5. Some areas zoned R-5 may include pre-existing residential development already served by public water and sewer. 14.608.210 Permitted Uses Hereafter in the R-5 zone no building,structure or improvements,or portion thereof,shall be erected,constructed,converted,established,altered or enlarged,nor shall any lot or premises be used,except for those i sos specifically permitted in this zone in accordance with Chapter 14.605, the Rural Zones Matrix,and the requirements of Chapter 14.416. In addition,the following specific standards are required for the following permitted uses: 12 of 78 Phase 1 Development Regulations Attachment A A. Residential Uses 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824, B. Public and Semivublic Uses 1. Community hall,club or lodge,provided that it is related to local community social activities. 2. Golf course a. A minimum lot area of fifteen(15)acres. 3. Public utility transmission facility,provided that: a. The utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; b. All support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground;and c. The height of the structure above ground does not exceed one hundred twenty-five (125)feet. 4. Tower-The Director shall review and approve building permits for towers in accordance with the following safety standards: a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve (12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating"blade diameter'to a"throw trajectory"based on the following scale: Blade Diameter(ft.) 5 10 15 20 30 35 40+ Radius of Impact Area(ft.) 100 165 220 270 340 365 385 d. Before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. 5. Community transit center,provided that: a. The site has adequate paved parking to handle anticipated riders;and b. Ingress and egress is adequate based upon the County Engineer's review and approval. 6. Park-and-ride facility,provided that: a. The site has adequate paved parking to handle maximum anticipated daily riders; and b. Ingress and egress is adequate for buses and autos based upon the County Engineer's review and approval. 13 of 78 Phase 1 Development Regulations Attachment A 7. Nonmolorized vehicle trail system,provided that: a. The trail is adequately marked/signed for its intended use; b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and e. The trail follows existing trail easement or right-of-way as much as feasibly possible. C. Aa 'cultural,Silvicultural and Agriculture-related Uses 1. Agricultural products sales stand,provided that a. The stand is not more than three hundred(300)square feet; b. Sales are limited to agricultural products,most of which must be produced on premises;and c. Off-street parking shall be required. 2. Animal raising and/or keeping,provided that the following standards are met a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard, runway,pen or manure pile shall be no closer than fifty(50)feet,in the case of swine two hundred(200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b. Sanitary Conditions: Structures,pens,yards,and grazing areas of large and small animals shall be kept in a dean and sanitary condition as determined by the Spokane Regional Health District. c. Equivalency Units: One(1)horse,mule,donkey,burro,llama,bovine or swine(livestock unit)shall be equal to two(2)goats or sheep. d. Density Requirements: i. Large animals: Three(3)livestock units per gross acre. iii. Small Animals: One(1)small animal or fowl per two thousand(2,000)square feet. 3. Gasohol plant for personal use only;no commercial sales permitted. 4. Airstrip,personal for one(1)aircraft only,provided that a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty (150)feet in width by six hundred(600)feet in length is provided. b. For single-engine aircraft a minimum unobstructed runway area of two hundred (200)feet in width by fifteen hundred(1,500)feet in length is provided; c. For multiengine aircraft a minimum unobstructed runway area of two hundred(200) • feet in width by two thousand(2,000)feet in length is provided;and d. All storage of fuel will be at a minimum seventy-five(75)feet from the runway's hard surface and in accordance with the Uniform Fire and Building Codes. • 5. Animal,Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 14 of 78 Phase 1 Development Regulations Attachment A 6. Zoological Park,provided that: a. The minimum lot area is five(5)acres. b. Such facility shall be/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 14.608.220 Accessory Uses All accessory uses,buildings and structures ordinarily appurtenant to any of the uses allowed in this zone under the Rural Zones Matrix are permitted including: • 1. Community recreation facility,when approved and identified within a site development plan or building plan; 2. Home profession,provided that a home profession permit is obtained; 3. Solar collector and associated systems; 4. 'Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area (that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-half (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured an easement(s)for all property in the tower's impact area if not entirely on his/her ownership. Such easement(s)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/building of the property. 5. Accessory Structure(s)are permitted under the following provisions: a. Total Combined Footprint of For a Lot Size of: Structurets)Allowed i. Less than 30,000 sq.ft. 1,000 sq.ft.or 10%of lot size whichever is greater ii. 30,000 sq.ft.to 1 acre 3,000 sq.ft. iii Greater than 1 acre to 2 acres 4,000 sq.ft. iv. Greater than 2 acres 10%of lot size b. One accessory structure not exceeding 1,000 square feet,shall be permitted prior to the construction of a primary use. This structure is not for residential occupancy,business, commercial,or industrial use. 15 of 78 Phase 1 Development Regulations Attachment A 6. One manufach.ired (mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14 300.100,provided that: a. The manufactured(mobile)home shall be as defined in Chapter 14.300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Area: 25,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. c. The placement of the manufactured(mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured(mobile)home may be prohibited by these conditions. d. A separate written statement by both a licensed physician and the care-provider stating that the person(s)in question is physically or mentally incapable of caring for themselves and/or their property shall be submitted with the application. The Division shall supply forms suitable to meet this written requirement. e. The manufactured(mobile)home shall be occupied by either i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s) owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty(180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care, g. A statement shall be recorded in the County Auditor's office by the Division stating that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. h. The permit shall be granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. i. Only one dependent-relative manufactured(mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider may be administratively changed upon written application to and approval by the Division. Any change in dependent relative(s)requires processing of a new permit,consistent with current standards;that is,no non-conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. 1. All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). 16 of 78 Phase 1 Development Regulations Attachment A 7. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed twenty(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is painted or finished in such a manner to match the existing structure in which it is placed upon,if possible. 8. Caretaker's residence provided that it is limited to the duration of need associated with the custodial,maintenance or overseeing of the owner's property,buildings and/or use. 14.608230 Prohibited Uses All uses not specifically authorized in the R-5 zone are prohibited,including,but not limited to, the following: 1. General industrial use; 2. General commercial use;and 3. Mining. 14.608.240 Conditional Uses Those uses designated as conditional uses within the R-5 zone on the Rural Zones Matrix, Chapter 14.605,may be permitted,provided that a conditional use permit authorizing such use has been granted,as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met: 1. Airstrip,private,provided that: a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty(150) feet in width by six hundred(600)feet in length is provided. b. A minimum unobstructed runway area of two hundred fifty(250)feet in width by fifteen hundred(1,500)feet in length is provided for single-engine aircraft; c. A minimum unobstructed runway area of two hundred fifty(250)feet in width by two thousand(2,000)feet in length is provided for multiengine aircraft; d. It is located and/or designed with full consideration to its proximity to,and effect on, adjacent land uses; e. That its exterior property ownership boundaries are at least one quarter(1/4)mile from any LDR,MDR and IaDR zone classifications; f. All storage of fuel will be at a minimum one hundred(100)feet from the runway's hard surface and in accordance with the Uniform Fire and Building Codes;and g. Any other conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare to the nearby residences as well as the general public. 2. Cemetery,provided that: a. Minimum lot area is twenty(20)acres; b. It does not isolate portions of the neighborhood from the balance of the neighborhood; c. It would not prevent the extension of streets important to circulation within the neighborhood;or d. The cemetery property shall he at least five hundred(500)feet from any existing dwelling,except a dwelling of the cemetery owner or employee; e. No building shall be erected in the cemetery within two hundred (200)feet of any property line of the cemetery; 17 of 78 Phase 1 Development Regulations Attachment A f. No graves shall be located closer to any property line than the required front yard and/or flanking street yard setback of the zone in which the property is located; g. Points of ingress and egress shall be approved by the Division and the County Engineer, or if on a state highway,the district State Highway Engineer; h. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division,County Engineer and the Hearing Examiner; 1. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the Spokane Regional Health District and the Department of Health;and j. All cemeteries shall comply with RCW Chapter 68. 3. Kennel,provided that: a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept; b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant; c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred(300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site; d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Examiner to serve as a visual and noise abatement buffer; e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 a.m; f. One off-street parking space shall be provided for each ten(10)animals kept on the premises; g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii_ the advisability of renewing such permit; h. The applicant shall submit adequate information to aid the Hearing Examiner in determining that the above standards are satisfied prior to the public hearing;and i. Those conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare of the nearby residences. 4. Animal clinic/veterinary,large and/or small: a. Small animals: A minimum lot size of fifteen thousand (15)000)square feet with one hundred twenty-five(125)feet of frontage on a public street. b. Large animals: A minimum lot size of one(1)acre with one hundred twenty-five(125) feet of frontage on a public street c. Small animals: Treatment rooms,cages,yards,or runs are to be maintained within a completely enclosed soundproof building of such construction that no animal noise may be audible at the property line. Said building shall be designed as to create an exterior appearance compatible to adjacent surroundings. d. No boarding of animals not under treatment will be permitted,either inside or outside the clinic building,and the operation of the clinic shall be conducted in such a way as to produce no objectionable odors or noise outside its walls,or other nuisance or health hazard. e. Off-street parking,lighting,and landscaping shall be developed in such a manner as to create minimal impact on adjacent residential properties. Off-street parking areas shall 18 of 78 Phase 1 Development Regulations Attachment A not be located within front or flanking street setback areas and shall not be illuminated. Signs must be attached to the building,be unlighted,and not over twelve(12)square feet in size. 5. Home industry,provided that a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory, detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; d. One(1)sign identifying the home industry is allowed, and it shall be unlighted,have a maximum sixteen(16)square feet on a face, and may be attached or detached; e. Window or outside displays may be allowed as approved by the Hearing Examiner; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession or craft; g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC-173-60 regarding noise;and h. Parking,traffic,and storage requirements shall be as approved by the Hearing Examiner. i. AU storage areas shall be enclosed or completely screened from view by a maximum six (6)-foot-high sight-obscuring fence meeting accessory use setback requirements. 6. Winery,when associated with a vineyard on the same site. 7. Private kennel,provided that: a. Minimum lot area is one-half(1/2)acre; b. No more than ten(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site; c. Outside runs or areas shall be not less than three hundred(300 feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six (6)-foot sight-obscuring fence,board-on-board or cyclone with slats; d. The structure(s)housing the animals shall be large enough to accommodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation; e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m; f. Landscaping for screening and noise abatement may be required by the Hearing Examiner in addition to sight-obscuring fencing; g. One off-street parking space shall be provided for each eight(8)animals kept on the premises; h. A kennel license and inspections shall be made by the Spokane County Animal Control. i. Advertising,signs,lighting and parking plans shall be approved by the Hearing Examiner; j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii. the advisability of renewing such permit; k. The applicant shall submit adequate information to aid the Hearing Examiner in determining that the above standards are satisfied prior to the public hearing;and L Those conditions or safeguards as deemed necessary by the Hearing Examiner for the protection and assurance of the health,safety and welfare of the nearby residences. 8. Conditional accessory unit,subject to the requirements of Section 14.816. 19 of 78 Phase 1 Development Regulations Attachment A 9. Child day-care center,provided: a. Any outdoor play areas shall be completely enclosed to a minimum height of six(6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 10. Inherently dangerous mammal and/or inherently dangerous reptile keeping provided that: a. The minimum lot area is five(5)acres; b. The inherently dangerous mammal and/or inherently dangerous reptile keeper and the animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency;and c. The animal keeping facility shall be a minimum separation of twenty-six hundred forty (2,640)feet from any existing school,daycare center,church,and public park as defined in this code. 17.. High School,Junior College,College or University-Public and Private,provided that the following can be demonstrated by the submittal of necessary documents or studies. a. A minimum lot area as follows. i. High school-as required by WAC 180-26-020(2)as it presently exists or as it may be hereafter amended; ii. Junior college-thirty(30)acres; College or university-forty(40)acres. b. Direct,primary vehicular access is provided by a state highway or county arterial c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washington State Department of Transportation, which analysis/study,among other items,shall discuss ingress and egress to the site for faculty and student vehicles as well as buses, The analysis/study shall investigate, discuss and recommend mitigation measures,including their timing with respect to road and traffic improvements necessary to accommodate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well. e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility. f. The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the selection of the site, which criteria shall include minimally those set forth in WAC Chapter 180-26-020,and that the proposed site is one of the highest-rated sites. 14.608.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.608.305 thru 14.608.355,when applicable,shall be provided to the Division. 20 of 78 Phase 1 Development Regulations Attachment A 14.608.302 Rural Cluster Developments Rural cluster developments within the R-5 zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.608.305 Density The maximum density of dwelling units in the R-5 zone shall be one(1)dwelling unit per five(5) acres. There shall be no density bonus,as identified in Chapter 14.704,allowed in this zone. 14.608.310 Minimum Lot Area The minimum lot area for residential units in the R-5 zone shall be five(5)acres per unit except for Rural Cluster Developments,which shall require a minimum lot area of one(1)acre per dwelling unit provided that the overall density for the site shall not exceed one(1)residential unit per five(5)acres. The minimum lot area for all other permitted uses shall be one(1)acre unless otherwise specified. 14.608.315 Minimum Frontage 1. The minimum frontage for residential units in the R-5 zone shall be two hundred forty(240) feet on a public street unless units are clustered per the Rural Cluster Development provisions,in which case the minimum frontage shall be one hundred twenty-five(125)feet on a public street. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five(125)feet on a public(private)street. There is no minimum frontage for permitted uses that do not have a structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public street shall equal the minimum right of way or easement width as required by the Spokane County Road Standards,as amended. 14.608.320 Minimum Lot Width The minimum lot width for all uses in the R-5 zone shall be the same for the entire depth of the lot or parcel as the minimum frontage requirements in Section 14.608.315(1). 14.608.325 Minimum Yards The minimum yards and setbacks for permitted and accessory uses in the R-5 zone shall be as follows: A. All Uses Except Accessory Uses 1. Front Yard: A minimum twenty-five(25)foot setback from the lot front line. 2. Side Yard: Each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: A minimum twenty-five(25)-foot setback from the existing lot line. 4. Rear Yard: The minimum rear yard shall be twenty(20)feet. B. Accessory Uses 1. Front Yard: A minimum twenty-five(25)-foot setback from the lot front line. 2. Side Yard: Structure Height(at peak) 0-15 feet=5 feet 21 of 78 Phase 1 Development Regulations Attachment A Over 15 feet=5 feet plus one(1)additional foot for each additional foot of structure height over 15 feet. 3. Flanking Street Yard: A minimum twenty-five(25)-foot setback from the existing property line. 4. Rear Yard: Structure Height(at peak) 0-15 feet=5 feet Over 15 feet=5 feet plus one(1)additional foot for each additional foot of structure height over 15 feet. 14.608.330 Maximum Building Coverage The maximum building coverage in the R-5 zone shall be twenty-five percent(25%)of the lot area,unless the lot is clustered per the provision of the Rural Cluster Development chapter,in which case the maximum building coverage shall be thirty-five percent(35%)of the lot area. 14.608.335 Maximum Buildin ps fI eight The maximum height of buildings or structures in the R-5 zone shall be thirty-five(35)feet, provided that for farm and farm accessory buildings the maximum height shall be forty-five(45) feet. 14.608.340 Parking Standards Parking standards for uses in the R-5 zone shall be as provided in Chapter 14.802. 14.608.345 Signage Standards Signage standards for uses in the R-5 zone shall be as provided in Chapter 14.804. 14.608.330 Landscaping Standards Landscaping standards for uses in the R-5 zone shall be as provided in Chapter 14.806. 34.608.355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building or shall be screened from view from the surrounding properties and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight- screened year-round from a non-elevated view with a fence,maintained Type I or li landscaped arealBr maintained landscaped berm.Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. Type I and II landscaping are described in Chapter 14.806. 22 of 78 ,\ Phase 1 Development Regulations Attachment A Chapter 14.605 is amended as follows: Additions are underlined and bolded, Deletions ett ck t reveh Chapter 14.605 RURAL-5 ZONE MATRIX Section: 14.605.020 Use-Residential 14.605.040 Use-Public and Semi-Public 14.605.060 Use-Agricultural,Silvicultural,and Agriculture Related 14.605.080 Index of Letters and Symbols 14.605.020 USE-Residential R-5 Accessory Structure(s) P-Acc 1 Caretaker's residence P-Acc 1 Cluster Development,Rural P(1) Clu,tcced 1 :,+g PUD only Community residential facility (8 or less residents) N Community residential facility (greater than 8 residents,no more than 25 residents) N Community treatment facility (8 or less residents) N Community treatment facility (greater than 8 residents,no more than 20 residents) N Conditional accessory unit CU(1) Crisis Residential Center (8 or fewer residents) N Crisis Residential Center (greater than 8 residents,no more than 20 residents) N Density bonus(under Chapter 14.704) N Dependent relative manufactured(mobile)home P-Acc.(1) Dormitory Duplex Fraternity,sorority Halfway House (8 or fewer residents) N Halfway House (greater than 8 residents, no more than 20 residents) Home industry CU Home profession Household pets Inherently Dangerous Mammal CU and or Inherently Dangerous Reptile Keeping Manufactured(mobile)home P(2) 23 of 78 Phase 1 Development Regulations Attachment A Manufactured(mobile)home park N Multifamily dwelling l�l Nursing home,convalescent home N Prison,jail,or institution N 1. Maximum security 2. Minimum security 3. Work release 4. Correctional facility Private repeater facility Retirement/elderly apartment building Single-family dwelling,new P Single-family dwelling, expansion or accessory structure P Solar collector and associated systems P-A cc. Transitional community facility (8 or less residents) Transitional community facility (greater than 8 residents,no more than 20 residents) N Tower,private P-Acc 1 Other uses may be permitted in accordance with section 14.604.160. 14.605.040 USE-Public and Semi-Public R-5 Adult entertainment establishment N Adult Retail Use Establishment Archery,rifle,gun,pistol ranges/clubs N Auto wreckine, Runk and salvage yards N Billboard Business or professional office N Cemetery CU Church and parsonage Commercial composting storage/processing Community hall,club,or lodge P(11 Community recreational facility P-Acc. 1 Community transit center Child day-care center CU Child day-care center(in or on a church or a public or private school site) P-Acc. Exercise facility/gym athletic club N 24 of 78 Phase 1 Development Regulations Attachment A Family day-care provider Fire station Golf course P(1) Golf driving range/training center n� Hospital Incinerator N Landfill N Library Medical Office N Nonmotorized vehicle trail system 1(1). Nursery school P Park-and-ride facility P(1) Park,public(including caretaker's residence) P Post office P Public utility local distribution facility Public utility transmission facility P(1) Racetracks(horses,dogs,autos, go-carts,snowmobiles, off-road vehicles, motorcycles) N Recreational area,commercial N Sanitarium CU Schools-public and private 1. kindergarten 2. elementary 3. middle P 4. junior high 5. high CU 6. junior college CU 7. college or university CU 8. Expansion of existing public or private schools or addition of accessory structure on adjacent property Sewage sludge land application N Solid waste hauler Solid waste recycling/transfer site N Solid waste recycling/transfer site,private N Tower P(1) Wireless Communication Antenna Array P-Ace 1 Wireless Communication Support Tower Other uses may be permitted in accordance with section 14.604.160.eras-determined-by-the 25 of 78 Phase 1 Development Regulations Attachment A 14.605.060 USE-Agricultural,Silvicultural,and Agriculture-Related R-5 Agricultural processing plant, wa rehouse Agricultural sales product stand P 1 Airstrip for crop dusting and spraying N Airstrip,personal P(1) Airstrip.private CU Animal clinic-veterinary- large and small animals CU Animal clinic-veterinary- small animals CU Animal,Wildlife Rehabilitation or Scientific Research Facility P 1 Animal raising and/or keeping P(1) Beekeeping,commercial P Beekeeping,hobby P Circus N Cultivation of land commercial P Dairy N Farm machinery sales&repair N Feed lot N Feed mill Fish hatchery Floriculture flower growing Gardening Gasohol plant Pill Grain elevator p Grazing Greenhouse-commercial P Hazardous waste treatment and storage facilities,off-site 1V Hazardous waste treatment and storage facilities,on-site N Horse boarding and training P Horticulture vegetable growing Inherently Dangerous Mammal and/or Inherently Dangerous Reptile Keeping CU Kennel CU Kennel,private CU Nursery-wholesale Orchard p Pigeon,performing/show N Riding stable Sawmill and lumber mill N • Transient-agricultural labor .N residence Tree farming Truck gardening _P Vineyard 26 of 78 N Phase 1 Development Regulations Attachment A Winery CU Zoological Park lap Other uses may be permitted in accordance with section 14.604.160.o - . '. . .. -- , .- . . 14.605.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.606(RR-10)thru 14.622(UJR-22)for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mobile)Home Development Standards. P(3) See Chapter 14.812 for Solar Development Standards. P(4) See home profession definition. P-(Acc.) Permitted accessory use C.U. Conditional use permit C.U.(1) See Chapter 14.816 N Not permitted use (1) Specific standards exist for approving and locating these uses 27 of 78 Phase 1 Development Regulations Attachment A Chapter 14.605 14.605.040 USE—Public and Semipublic R-5 Highway.Maintenance Facility P(1) State Patrol Facility P Youth Camp CU Youth Camp,Expansion of Existing Facility P(1) Chapter 14.608 14.608.210 Permitted Uses B.Public and Semipublic Uses 5. Highway Maintenance Facility,provided that: Appmpriate landscape buffering shall be provided to screen the site from the roadways as determined by the Director. 6. Youth Camp,Expansion of Existing Facility,provided that The expansion does not involve the acquisition of new property. A conditional use permit shall be required for expansions that require the acquisition of new property. Chapter 14.637 14.637.040 USE—Public and Semipublic GA UR RC FZ EA Highway Maintenance Facility P(1) P(1.) P(1) P(1) P(1) State Patrol Facility P P P PP Youth Camp CU CU CU CU CU Youth Camp,Expansion of Existing Facility P(1) P(1) P(1) P(1) P(1) 14.XXX.210 Permitted Uses(GA,UR,RC,FZ,EA) x. Youth Camp,Expansion of Existing Facility,provided that: The expansion does not involve the acquisition of new property. A conditional use permit shall be required for expansions that require the acquisition of new property. x. Highway Maintenance Facility,provided that Appropriate landscape buffering shall be provided to screen the site from the roadway, as determined by the Director. ,' 28 of 78 Phase 1 Development Regulations Attachment A Chapter 14.300.100 Definitions Youth Camp: The use of a site for indoor or outdoor activities for children,including sports, arts and crafts entertainment recreation educational activi 'es swimmin: fishin: horseback riding,and incidental food service. Ultralight vehicles: A vehicle that; a. Is used or intended to be used for manned operation in the air by a single occupant. b. Is used or intended to be used for recreation or sport purposes ontyy c. Does not have any U.S.or foreign airworthiness certificate;and d. If unpowered,weighs less than 155 pounds;or e. If powered, 1. Weighs less than 254 pounds empty weight,excluding floats and safety devices,which are intended for deployment in a potentially catastrophic situation; 2. Has a fuel capacity not exceeding 5 U.S.gallons; 3. Is not capable of more than 55 knots calibrated airspeed at full power in level flighand 4. Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.(Federal Aviation Administration, Title 14, Code of Federal Regulations,part 103.1) Chapter 14.506 Administrative Exception 14.506.20 Allowed Exceptions 3. Building height requirements where the deviation is for ten percent(10%)or less of the maximum building height_ Additional building height may be granted to the e•uivalent hei_ht of ad'acent buildin:s in areas where the maximum buildin?hei:ht is generally exceeded. 29 of 78 Phase 1 Development Regulations Attachment A j - 14.506/1 Deletions are s#iwr,/-Throurgh,Additions are underlined and bolded Chapter 14.629 INDUSTRIAL ZONES MATRIX 14.629.020 Use I-1 I-2 I-3 Acetylene gas manufacturing N N P Acid manufacturing N N P Adult Retail Use Establishment (Re olotion No.99 0762) N N N Adult entertainment establishment N N N Aircraft manufacturing N N P Alcohol manufacturing including gasohol N N P Ambulance service P P P Ammonia/chlorine manufacturing N N P Animal clinic-veterinary-large N N N Animal clinic-veterinary-small animals P P N Animal Processing Facility N N P Animal Shelter N P P Animal,Wildlife Rehabilitation or Scientific Research P(1) P(1) P(1) Facility(Re:.No.99-1061.dated November 30,1999) Asbestos manufacturing N N P Asphalt plant/manufacturing N N P Assembly-light P P P Assembly-heavy N N P Auction yard (excluding livestock) N P P Automobile/taxi rental P P P Auto wrecking/recycling,junk and salvage yards N C.U. P(1) -_,, Automobile assembly plant N N P Automobile impound yard N P P Automobile painting establishment N P P Automobile repair,body and fender works N P P Automobile and recreational vehicle Gales,repair,and N P P maintenance. Bank,savings/loan and other financial institutions. P P P Barber/Beauty Shop P P N Battery rebuilding/manufacturing N P P Billboard(Res.No.99-1030,dated November 16,1999) N N N Biotechnology laboratory/manufacturing P P P Blast furnace/coke oven N N P Bleach,bleaching powder and dye manufacturing N N P Boat building,and repair and maintenance N P P a: N P P Bottling plant P P P Bread and Bakery Products manufacturing,including P P P retail bakery. Brewery,winery and/or distillery P P P Brick,tile and terra cotta manufacturing N N P Broom manufacturing N P P Building supply and hardware distribution and sales. N P p business-uses N N24 N Carbon manufacturing N N P 1 30 of 78 Phase 1 Development Regulations Attachment A 1-1 1-2 1-3 Candy and confection making including accessory sales. P P P Caretaker's residence N P-Acc(1) P-Acc(1) Carpenter shoasexcludingplaning mills,sawmills,etc.) P P P Carpet,canvas,and cordage manufacturing including N P P curtains and draperies. Carpet and rug cleaning plants N P P Car wash,automatic or self-service over 1 bay P P P Catalog and mail order houses including showroom N P P Cellulose material manufacturing N N P Cement,gypsum,lime,plaster of paris and terra cotta N N P manufacturing Ceramic manufacturing N P P Chain and cable manufacturing N P P Charcoal manufacturing and pulverizing N N P Chemical manufacturing N N P Child day-care center(Res.No.O-0884 dated October 10,2000) P P P Circus(Res.No.99-1061,dated November 30,1999) P P P Clothes cleaning and dyeing(exeluding-rete.i1-dfy N P P eleefkif* Cold storage N P P Commercial composting storage/processing N N C.U. Commercial laundry,linen supply,and dry cleaning N P P Commercial printing,reprographics,bookbinding and P P P graphics services. r Communication service systems and sales including P P P facilities NEC. Communications Equipment Manufacturing(N.E.C.) N P P Community transit center P P P Computer manufacturing assembly and wholesaling N P P Computer programs or systems development P P P Computer software systems analysis,design and N P P assembly Concrete product manufacturing/ready-mix concrete N P P (excluding extraction/mining) Construction materials manufacturing(N.E.C.) N P P Contractor's office and yard N P P Convenience store P P P Cosmetic manufacturing and distribution including N P P perfumes and toiletries Creamery and dairy product manufacturing N P P Creosote manufacturing/treatment N N 1' Die casting N N P Disinfectant and insecticide manufacturing N N P Distribution center for home delivery P P P Deg-pound N 12 1; Drop hammer or forge N N P Drug Store P P N Dry kiln N N P / \ Electrical component manufacturing/assembly P P P 31 of 78 ■ • Phase 1 Development Regulations Attachment A I-1 I-2 1-3 Electrical machinery,equipment and supplies N P P manufacturing(N.E.C.) Electronics systems development/operations,including testing and/or light assembly of electronics,communications and/or computer components,subsystems and systems P P P Electroplating of metal N N P Emergency clinic P P P Emery cloth and sandpaper manufacturing N P P Enameling manufacturing N N P Equipment sales,repair,and maintenance N P P Exercise facility/gym athletic club P P P Explosive manufacturing • N N P Explosive storage N P P Fabric and textile mills including knitting N P P Family day-care provider(Res.No.0-0884 dated October 10,2000) P P P Feed and fuel yard N P P Feed/cereal mill N P P Feed lot N N P . Fertilizer manufacturing and manure processing N N P Fire station P P P Firewood sales/lot/processing N P P Florist shop P P N Flour mill N P P Food product manufacturing/storage(NEC) N P P ,_,, Freight forwarding including terminal N P P Furniture manufacturing and sales N P P Galvanizing/dip plating N N P Garment manufacturing including leather goods and P P P apparel Gas illuminating or heating manufacturing/storage N N P Gelatin manufacturing N N P Glass and glass product manufacturing N P P Glue manufacturing N N P Golf driving range/training center P P P Governmental offices and other P P P administrative/maintenance facilities Graphite manufacturing N N P Hazardous waste treatment and storage facilities,off-site N N P(1) Hazardous waste treatment and storage facilities,on-site P-Acc.(1) P-Acc.(1) P-Acc(1) Hotels and motels P P N Household appliances manufacturing(N.E.C.) N P P Ice plant N P P Incinerator N P(1) P(1) Inflammable liquid/gas storage N N P Ink manufacturing N N P Jewelry,clock and musical instrument assembly,sales and P P P service Jobber distribution plant P P P Kennel N P(1) P(1) 32 of 78 1 Phase 1 Development Regulations Attachment A J I_1 II-22 II=3 Laboratories including research testing,medical and P P P dental laboratories Landfill N N C.U. Lighting Equipment manufacturing(N.E.C.) N P P Linoleum&oil cloth manufacturing/reduction N N P Livestock auction yard N N P Log pole storage N N P Lubrication grease manufacturing or oil compounding N N P Lumbermill,sawmill,shingle mill,plywood mill N N P Lumberyard N P P Machine/machinery manufacturing N P P Machine shop,large N N P Machine shop,small N P P Manufactured and mobile home fabrication sales lot N P P Match manufacturing N N P Meat and fish canning,curing and smoking(excluding N P P slaughtering) Meat packaging(excluding slaughtering) N P P Medical and laboratory instrument and apparatus N P P manufacturing Medical,dental,and hospital equipment supply and sales P P P Medical services including minor emergency clinic P P P Metal fabrication N P P Metal manufacturing,reduction,reclamation and refining N N P Metal reduction furnace N N P Mining N N P Motor vehicle parts sales and service including tires N P P Motorcycle/ATV manufacturing,sale:,,repair and N P P maintenance Nitrating process N N P Nursery/greenhouse/wholesale P P P •. P P P Office,business P P P Office,professional P P P nu: al, offi'oe-fer i�adut trial se P P P Office supply and computer sales P P P Oxygen manufacturing N N P Paint,lacquer,thinner,turpentine and varnish N N P manufacturing Paper product manufacturing(N.E.C.) N P P Paper/pulp mills N N P Park and ride facilities P P P Park,vublic P P_ P Petroleum manufacturing or refining N N P Pharmaceutical manufacturing P P P Pipe manufacturing from day or metals N N P Planing mill N N P Plaster/wallboard manufacturing N N P Plastic injection molding,including tool and dye making N P P \ 33 of 78 Phase 1 Development Regulations . Attachment A 1,_� 14 1-2 1-3 Plastic manufacturing N N P Plywood and veneer lamination(including structural N P P wood products) Post office P P P Potash works or manufacturing N N P Power plant(excluding public utility facilities) N N P Prefabrication construction including sales P P P Print,blueprinting,photostating,xerographic shop P P P Private repeater facility P P P Professional schools including vocational and trade P P P schools Public pay parking garage/lot P P N Public utility local distribution facility P P P Public utility transmission facility P(1) P(1) P(1) Public utility gas works N N P Punch press N Ai P P Pyroxylin manufacturing N N P Railroad yard,repair shop and roundhouse N N P Recreational area,commercial N C.U. C.U. Recycle collection center P P P Recycling plant N P P Rendering plant N N P Repair shop for industrial power equipment N P P Research facility P P P Restaurant P P P Restaurant,drive-in P P P Retail sales,directly related to and accessory to allowed P-Acc(1) P-Ace 1 P-Acc 1 uses under the 1-1,1-2,and 1-3 zones. Amend 14.630.220, 14.632.220 and 14.634.220 as follows: x. R•tail sales directly related to and accessory to allowed uses under the 1-1,1-2,and 1-3 zones,provided the product is produced on the site and the r tail use is clearly, incidental to the primary industrial use. Rock crusher N N P Rolling mill N N P Roofing materials manufacturing N N P Rope manufacturing N P P Rubber reclamation,manufacturing/fabrication N N P Sandblasting/cutting N P-Acc(1) P Sauerkraut,pickle and similar manufacturing N P P Self-service storage facility N PN P Service station,automobile P P P Sewage sludge land application N N N • Sign manufacturing/repair P P P Silane,polysilicon manufacturing N P P Single-family dwelling—expansion or accessory structure P P P 34 of 78 Phase I Development Regulations Attachment A \_i I-1 I-2 I-3 Slaugliterhobtse N N R. Smelter and ore reduction N N P Soap and cleaning compound manufacturing N N P Solid waste hauler N C.U. P(1) Solid waste recycling/transfer site N P(].) P(1) Solid waste recycling/transfer site,private N P(1) P(1) Specialized training/learning schools or studios P P N _Itilang,_gymnastics,martial arts,etc) Specialty agricultural production(including retail P P P nursery,greenhouse,and food crops grown under cover) Starch product manufacturing N N P Stockyard N N P Stoneware,earthenware manufacturing N P P Storage,general-indoors P P P Storage,general-outdoors P(1) P(1) P Sugar refinery N N P Tallow manufacturing N N P Tank storage of critical material(above and belowground) P-Acc(1) P-Acc(1) P(1) Tanning,curing of hides and skins N N P Tire,recap and retread manufacturing N N P Tire Salvage Yard N C.U. C.U. Tobacco products manufacturing N N P Tower P(1) P(1) P(1) Trade/fechnical school P NP N Transportation services and sales including equipment N P P storage Truck,automobile,and equipment rental facility N P P Truck equipment sales,repair and maintenance N P P Truck Stop P P P Upholstery,covering P P P Utility services and systems(NEC) P P P Vegetable oil manufacturing(no fat rendering) N P P Veterinary supplies and services,including vet clinic P P P Video Board(Res.Nn.99-1030,dated November 16,1999) N N N Warehousing P P P Welding,sheet metal shops N P P Wholesaling(retail sales prohibited) P P P Wireless Communication Antenna Array P-Acc(1) P-Acc(1) P-Acc(1) Wireless Communication Support Tower P(1) P(1) P(1) Woodworking,cabinet shop P P P Yeast manuuacturing/pL'int N N P Other uses may be permitted in accordance with section 14.604.160 . .. .. • - -d 35 of 78 Phase 1 Development Regulations Attachment A 14.629.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.630(I-1),14.632(1-2)and 14.634(1-3)for specific standards for locating and approving these uses. P(2) See Section 14.804.180 for sign location and setback standards. P 3 Pe ttecl-use - n•he 1-2 zoneshal . _. , '. • .• . - . - - . _ , ••• . • -nte as-an-aeeesser-y or-co tion . • . - . , .. • . . . - . _ • .628:3 P-Acc. Permitted accessory use N Not permitted use (1) Specific standards exist for approving and locating these uses 36 of 78 Phase 1 Development Regulations Attachment A • Deletions are st-rust4krough,Additions are underlined and bolded Chapter 14.640 GENERAL AGRICULTURAL(GA)ZONE Section: 14.640.100 Purpose and Intent 14.640.210 Permitted Uses 14.640/20 Accessory Uses 14.640.230 Prohibited Uses 14.640.240 Conditional Uses 14.640.300 Development Standards 14.640.302 Rural Cluster Development 14.640.305 Density 14.640.310 lvlinimum Lot Area 14.640.315 Minimum Frontage 14.640320 Minimum Lot Width 14.640325 Minimum Yards 14.640330 Maximum Building Coverage 14.640335 Maximum Building Height 14.640.340 Parking Standards 14.640.345 Signage Standards 14.640.350 Landscaping Standards 14.640.355 Storage Standards 14.640.100 Purpose and Intent The GA zone is intended to implement the Rural Traditional and Small Tract Agriculture category categories of the Comprehensive Plan. 14.640.210 Permitted Uses Hereafter in the GA zone no building,structure or improvements,or portion thereof,shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637, the General Agricultural Zone Matrix,and the requirements of Chapter 14.416. In addition the following specific standards are required for the following permitted uses: 1. Rural Cluster Development-only when developed in compliance with the standards •rovided in Cha.ter 14.824-and onl when located within the Rural Traditional Cate:o of the Spokane County Comprehensive Plan. 14.640300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.640.3052 thru 14.640.355,where applicable,shall be provided to the Division Dew. 14.640.302 Rural Cluster Developments Rural duster developments within the GA zone shall comply with the standards provided Chapter 14.824,Rural Ouster Development. 37 of 78 • Phase 1 Development Regulations Attachment A J 14.640.310 Minimum Lot Area The minimum lot area for one(1)dwelling unit in the GA zone shall be ten(10)acres?,except for rural cluster developments,which shall have a minimum lot area of one(1)dwelling unit per one(1)acre. 14.640.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the GA zone shall be three hundred thirty(330)feet on a public(private)street unless units are clustered in a Rural Cluster Development in which case the minimum frontage shall be 125 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five(125)feet on a public(private)-street. There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public h�ate}street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 14,640.330 Maximum Building Coverage The maximum building coverage in the GA zone shall be twenty percent(20%)of the lot area except for rural cluster developments,which shall have a maximum building coverage of thirty-five percent(35%)of the lot area. J• Chapter 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL,AND RURAL SETTLEMENT AND FORESTRY ZONES MATRIX 14.637.020 Use-Residential/Business/Service/Industrial GA Cluster Development,Rural P(11 38 of 78 Phase 1 Development Regulations Attachment A Chapter 14.638 EXCLUSIVE AGRICULTURAL(EA)ZONE 14.638.100 Purpose and Intent 4. The EA zone was gned-pci ly-to implements the e L T arg ract Agricultural category of the Comprehensive Flan_ It may also be applied in some cases to the Rural Traditional and Small Tract Agricultural category categories where a substantial benefit of conserving agricultural pursuits can be achieved. Chapter 14.644 FORESTRY(FZ)ZONE 14.644.100 Purpose and Intent 1. The Forestry(FZ)Zone implements the Forestry category of the Comprehensive Plan. The Forestry(FZ)Zone is intended to conserve forest lands as defined by WAC 365.190.030(6)for the purposes of(1)productive economic use, (2)protection of forested watersheds,and(3) conservation of other ecological benefits. Forest lands that are properly managed produce a sustainable flow of wood fiber and other products that maintain our economic base. • l� 39 of 78 Phase 1 Development Regulations Attachment A New Chapter of Spokane County Zoning Code Chapter 14.643 URBAN RESERVE(UR)ZONE Section: 14.643.100 Purpose and Intent 14.643.210 Permitted Uses 14.643.220 Accessory Uses 14.643.230 Prohibited Uses 14.643.240 Conditional Uses 14.643.300 Development Standards 14.643.302 Rural Cluster Development 14.643.305 Density 14.643.310 Minimum Lot Area 14.643.315 Minimum Frontage 14.643.320 Minimum Lot Width 14.643.325 Minimum Yards 14.643.330 Maximum Building Coverage 14.643.335 Maximum Building Height 14.643340 Parking Standards 14.643345 Signage Standards 14.643.350 Landscaping Standards 14.643355 Storage Standards 14.643.100 Purpose and Intent The Urban Reserve category includes lands outside the Urban Growth Area that are considered for future urbanization beyond the Comprehensive Plan's 20 year planning horizon. These areas are given special consideration,such as low-density,large-lot development,so that land uses established in the near future do not preclude their eventual conversion to urban densities. Residential clustering is encouraged through density incentives to preserve property rights and economic expectations while still ensuring that these areas will be available for future urban development. 14.643.210 Permitted Uses Hereafter in the UR zone no building,structure or improvements or portion thereof shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637 and the requirements of Chapter 14.416. In addition the following specific standards are required for the following permitted uses: A. Residential Uses 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824. B. Public and Semipublic Uses • 1. Public utility transmission facility,provided: a. That the utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; 40 of 78 Phase 1 Development Regulations Attachment A b. That all support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground; c. That the facilities shall be compatible with the surrounding uses either by distance,landscaping,buffering,or design,as determined by the Planning Director;and d. That the height of the structure above ground does not exceed one hundred twenty-five(125)feet. 2. Tower-The applicant shall demonstrate compliance with the following standards prior to the issuance of a building permit: a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve(12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating"blade diameter"to a"throw trajectory"based on the following scale: Blade Diameter(ft.) 5 10 15 20 30 35 40+ , Radius of Impact Area(ft.) 100 165 220 270 340 365 385 d. The applicant shall demonstrate that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. 3. Community transit center,provided that: a. The site is not currently farmed or designated as"prime"or"unique"farmland per the USDA Soil Conservation Service; b. The site has adequate paved parking to handle anticipated riders;and c. ingress and egress is adequate based upon the County Engineer's review and approval. 4. Park-and-ride facility,provided that • a. The site is not currently farmed or designated as"prime"or"unique"farmland per the USDA Soil Conservation Service; b. The site has adequate paved parking to handle maximum anticipated daily riders;and c. Ingress and egress is adequate for buses and autos based upon the County Engineer's review and approval. 5. Child day-care center,provided: a. The center is located on a paved road or bus route;and b. The center serves 30 or fewer children. A center providing care for more than 30 children shall require a conditional use permit. 6. A community hall,club or lodge,provided that it is related to local community social activities. 7. Non.motorized vehicle trail system,provided that: a. The trail is adequately marked/signed for its intended use; 41 of 78 Phase 1 Development Regulations Attachment A b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and c. The trail follows existing trail easement or suitable right-of-way as much as feasibly possible. C Agricultural,Silvicultural and Agriculture-Related Uses 1. Agricultural products sales stand,provided that: a. The stand is not more than three hundred(300)square feet; b. Sales are limited to agricultural products,most of which must be produced on premises;and c. Off-street parking shall be required. 2. Animal raising and/or keeping,provided that the following standards are met. a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard,runway,pen or manure pile shall be no closer than fifty(50)feet,in the case of swine two hundred(200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b. Sanitary Conditions: Structures,pens,yards,and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined by the Spokane Regional Health District. c. Equivalency Units: One(1)horse,mule,donkey,burro,llama,bovine or swine(livestock unit) shall be equal to two(2)goats or sheep. d. Density Requirements i. Large animals: Three(3)livestock units per gross acre. iii. Small Animals: One(1)small animal or fowl per two thousand(2,000)square feet. 3. Gasohol plant for personal use only;no commercial sales permitted. 14.643.220 Accessory Uses All accessory uses,buildings and structures ordinarily appurtenant to arty of the uses allowed in this zone in accordance with Chapter 14.605,the Residential Zones Matrix,are permitted including: 1. Community recreation facility,when approved and identified within a site development plan or building plan; 2. Home profession,provided that a home profession permit is obtained; 3. Solar collector and associated systems; 42 of 78 Phase 1 Development Regulations Attachment A 4. Aboveground tank storage of liquefied petroleum gas(LPG)provided: a. That the storage shall be in accordance with standards prescribed by the Division of Building and Code Enforcement,and within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required_ 5. Aboveground tank storage of critical material,whether or not within the Aquifer Sensitive Area (ASA),provided: a. That the storage of critical material shall be in accordance with the standards prescribed by the Division of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required. 6. Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area(that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-half (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured an easements)for all property in the tower's impact area if not entirely on his/her ownership. Such easement(s)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/building of the property. 43 of 78 Phase 1 Development Regulations Attachment A 7. Accessory Structure(s)are permitted under the following provisions: a. For a Lot Size of: Total Combined Footprint of Structure(s)Allowed i. Less than 30,000 sq.ft. 1,000 sq.ft.or 10%of lot size whichever is greater ii. 30,000 sq.ft.to 1 acre 3,000 sq.ft. iii. I Greater than 1 acre to 2 acres 4,000 sq.ft. iv. I Greater than 2 acres 10%of lot size b. One accessory structure not exceeding 1,000 square feet,shall be permitted prior to the construction of a primary use. This structure is not for residential occupancy,business, commercial,or industrial use. 8. One manufactured(mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14.300.100,provided that: a. The manufactured(mobile)home shall be as defined in Chapter 14.300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Lot Area: 25,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. _ % c. The placement of the manufactured (mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured (mobile)home may be prohibited by these conditions. d. A separate written statement by both a licensed physician and the care-provider stating that the person(s)in question is physically or mentally incapable of caring for themselves and/or their property shall be submitted with the application. The Planning Division shall supply forms suitable to meet this written requirement. e. The manufactured (mobile)home shall be occupied by either: i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s)owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty(180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care. g. A statement shall be recorded in the County Auditor's office by the Division stating that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. • 44 of 78 Phase 1 Development Regulations Attachment A h. The permit shall be granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. i. Only one dependent-relative manufactured(mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider may be administratively changed upon written application to and approval by the Division. Any change in dependent relative(s)requires processing of a new permit,consistent with current standards;that is,no non- conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. L All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). 9. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed nventy(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is painted or finished in such a manner as to match the existing structure on which it is placed,if possible. 14.643.230 Prohibited Uses All uses not specifically authorized in the UR zone are prohibited,including,but not limited to, the following: 1. General industrial use; 2. General commercial use;and 3. Mining. 14.643.240 Conditional Uses Those uses designated as conditional uses within the UR zone on the Residential Zones Matrix, Chapter 14.605,may be permitted,provided that a conditional use permit authorizing such use has been granted as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met. 1. Animal clinic/veterinary,large and/or small: 45 of 78 Phase 1 Development Regulations Attachment A a. Small animals: A minimum lot size of fifteen thousand (15,000)square feet with one hundred twenty-five(125)feet of frontage on a public street b. Large animals: A minimum lot size of one(1)acre with one hundred twenty-five(125) feet of frontage on a public street. c. Small animals: Treatment rooms,cages,yards,or runs are to be maintained within a completely enclosed soundproof building of such construction that no animal noise may be audible at the property line. Said building shall be designed as to create an exterior appearance compatible to adjacent surroundings. d. No boarding of animals not under treatment will be permitted,either inside or outside the clinic building,and the operation of the clinic shall be conducted in such a way as to produce no objectionable odors or noise outside its walls,or other nuisance or health hazard. e. Off-street parking,lighting,and landscaping shall be developed in such a manner as to create minimal impact on adjacent residential properties. Off-street parking areas shall not be located within front or flanking street yard areas and shall not be illuminated. Signs must be attached to the building,be unlighted,and not over twelve(12)square feet in size. 2. 1-lome industry,provided that: a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory, detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; b. One(1)sign identifying the home industry shall be unlighted and may be attached or detached. The sign shall not exceed a maximum of sixteen(16)square feet on a face. e. Window or outside displays may be allowed as approved by the Hearing Body; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession,or craft; g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC-173-60 regarding noise; h. Parking,traffic,and storage requirements shall be as approved by the Hearing Body; and i. All storage areas shall be enclosed or completely screened from view by a maximum six(6)foot high sight-obscuring fence meeting accessory use setback requirements. 3. Kennel,provided that: a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept. b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant. c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred (300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site. d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Body to serve as a visual and nosie abatement buffer. e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 a.m. 46 of 78 Phase 1 Development Regulations Attachment A f. One off-street parking space shall be provided for each ten(10)animals kept on the premises. g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i) compliance with all the conditions of approval;and ii) the advisability of renewing such permit. h. The applicant shall submit adequate information to aid the Hearing Body in determining the above standards are satisfied prior to the public hearing. i. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 4. Private kennel,provided that: a. Minimum lot area is five(5)acres. b. No more than-eight(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site. c. That outside runs or areas shall be not less than three hundred (300)feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six(6)-foot sight-obscuring fence,board-on-board or cyclone with slats. d. The structure(s)housing the animals shall be large enough to accommodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation. e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m. f. Landscaping for screening and noise abatement may be required by the Hearing Body in addition to sight-obscuring fencing. g. One off-street parking space shall be provided for each eight(8)animals kept on the premises. h. A kennel license shall be issued and inspections shall be made by the Spokane County Small Animal Control. 1. Advertising,signs,lighting and parking plans shall be approved by the Hearing Body. j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. compliance with all the conditions of approval;and ii. the advisability of renewing such permit. k. The applicant shall submit adequate information to aid the Hearing Body in determining that the above standards are satisfied prior to the public hearing. I. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 5. Child day-care center,provided: a. Any outdoor play area shall be completely enclosed to a minimum height of six(6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 6. High School,Junior College,College or University-Public and Private,provided that the following can be demonstrated by the submittal of necessary documents or studies. a. A minimum lot area as follows. i. High school-as required by WAC 180-26-020(2)as it presently exists or as it may be hereafter amended; 47 of 78 Phase 1 Development Regulations Attachment A ii. Junior college-thirty(30)acres; iii. College or university-forty(40)acres. b. Direct,primary vehicular access is provided by a state highway or county arterial. c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washington State Department of Transportation, which analysis/study,among other items,shall discuss ingress and egress to the site for faculty and student vehicles as well as buses. The analysis/study shall investigate, discuss and recommend mitigation measures,including their timing with respect to road and traffic improvements necessary to accommodate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well. e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility. f. The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the selection of the site, which criteria shall include minimally those set forth in WAC Chapter 180-26-020,and that the proposed site is one of the highest-rated sites. 7. Zoological Park provided that: a. The minimum lot area is five(5)acres. b. Such facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 8. Animal,Wildlife Rehabilitation or Scientific Research Facility,provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 9. Contractor's yard,when located on the same property with the dwelling in which the individual or contractor resides,provided that a. Minimum lot area: ten(10)acres with three hundred thirty(330)feet of frontage on a public road or street. Nonconforming lots of record which are not less than five(5) acres in size are exempt from the minimum lot area; b. All storage shall be within an enclosed building,or within a six(6)-foot sight-obscuring fence of a solid color;existing vegetation or trees may be used as a sight-obscuring buffer in lieu of fencing,as determined by the Hearing Body; c. All storage areas(including structures)must meet primary use setback requirements; d. Adequate ingress and egress and on-site circulation shall be provided as determined by the Hearing Body; e. The facility shall be compatible with the surrounding uses either by separation, landscaping,buffering or design as determined by the Hearing Body; f. Signs identifying the contractor's yard shall be unlighted and may be attached or detached,not to exceed sixteen(16)square feet on each face or six(6)feet in height; g. Maximum lot coverage for a contractor's yard shall not exceed ten percent(10%)of the lot area; h. Not more than one contractor may utilize the same contractor's yard. 48 of 78 Phase 1 Development Regulations Attachment A 10. Cemetery,provided that: a. Minimum lot area is twenty(20)acres; b. A cemetery shall not be approved if it is deemed to inhibit the residential development of a neighborhood by(but not limited to): i. Its size,shape,or location being such that it would isolate portions of the neighborhood from the balance of the neighborhood or would prevent the extension of streets important to circulation within the neighborhood. ii. Its topographic location being such(low-lying)that the cemetery would be in general view of the majority of homes or potential lots of the neighborhood or adjoining neighborhoods. c. The cemetery property shall be at least five hundred (500)feet from any dwelling existing at the time of site plan approval,except a dwelling of the cemetery owner or employee; d. No building shall be erected in the cemetery within two hundred(200)feet of any property line of the cemetery; e. No graves shall be located closer to any property line than the required front yard setback of the zone in which the property is located; f. Points of ingress and egress shall be approved by the Division and the Spokane County Engineer or,if on a state highway,the district State Highway Engineer; g. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division and the Spokane County Engineer; h. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the County Health District and the State Department Health;and i. All cemeteries shall comply with RCW Chapter 68. 5 14.643.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.646.302 thru 14.646.355,when applicable,shall be provided to the Department 14.643.302 Rural Cluster Development Rural cluster developments within the UR zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.643.305 Density The maximum density of dwelling units in the UR zone shall be one(1)dwelling unit per twenty (20)acres,except for rural duster developments which shall have a maximum density of 1 dwelling unit per five(5)acres. 14.643310 Minimum/Maximum Lot Area The minimum lot area for one(1)dwelling unit in the UR zone shall be twenty(20)acres,except for rural cluster developments,which shall have a minimum lot area of one(1)dwelling unit per 10,000 square feet. The maximum lot size for a lot within a residential cluster development shall be one acre except for the remainder parcel which shall have no maximum lot size. 14,643.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the UR zone shall be three hundred thirty(330)feet on a public Street unless units are clustered in a Rural Cluster Development 49 of 78 Phase 1 Development Regulations Attachment A in which case the minimum frontage shall be 80 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five (125)feet on a public street. There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 14.643.320 Minimum Lot Width The minimum lot width for all uses in the UR zone,shall be the same,for the entire depth of the parcel,as the minimum frontage requirements in Section 14.644.315(1). 14.643.325 Minimum Yards The minimum yards and setbacks for uses in the UR zone shall be as follows. • A. All Uses Except Accessory Uses 1. Front Yard and/or Flanking Street Yard: a minimum setback of fifty-five(55)feet from the centerline of all roadway right-of-way or twenty-five(25)feet from front and/or side lot lines,whichever provides the greater setback from the centerline of the roadway right-of-way. 2. Side Yard: each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: a minimum of fify-five(55)-foot setback from the centerline of all roadway right-of-way or a twenty-five(25)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: the minimum rear yard shall be twenty(20)feet. B. Accessory Uses 1. Front Yard: a minimum of fifty-five(55)-foot setback from the centerline of all roadway right-of-way or twenty-five(25)-foot setback from the lot front line, whichever provides the greater setback from the centerline of the roadway right- of-way. 2. Side Yard: five(5)feet except that no side yard is required eighty(80) feet or more from the lot front line. 3. flanking Street Yard: a minimum of fifty-five(55)-foot setback from the centerline of all roadway right-of-way or a twenty-five(25)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: no requirement. 14.643.330 Maximum Buildin: Covera_e The maximum building coverage in the UR zone shall be twenty percent(20%)of the lot area, except for lots located in a rural residential cluster,which shall have a maximum building coverage of fifty percent(50%)of the lot area. 14.643.335 Maximum building Height The maximum height of residential structures in the UR zone shall be thirty-five(35)feet. The maximum height of permitted nonresidential structures shall be fifty(50)feet. 50 of 78 Phase 1 Development Regulations Attachment A 14.643.340 Parking Standards • Parking standards for uses in the UR zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.340. 14.643.345 Signage Standards Signage standards for uses in the UR zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.345. 14.643350 Landscaping Standards Landscaping standards for uses in the UR zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.350. 14.643.355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building,or shall be screened from view from the surrounding properties,and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The private,noncommercial storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight-screened year-round from a non-elevated view with a fence, maintained Type I or II landscaped area(br maintained landscaped berm.Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. 51 of 78 Phase 1 Development Regulations Attachment A Orletiatls are:/ruck through,Addiiiorts are underlined and bolded Choppier 14.537 EXCLUSIVEMRICLFLTURAL GENERAL AGRICULTURAL 04144 RURAL SETTLEMENT ANP FORESTRY ZONES MATRIX, URBAN RESERVE,AND RURAL CONSERVATION +%Cti ore 14.637,02(i, Use- Residential/Business/Service/industrial 14,637.041P Use- Public and Serra-Public 14_6{37.0g) U - Agricultural,Silviculture I,and Agriculture Related 14437.080 Index of Leiters and Symbols 14.637,020 Use-Residential/Business/Service/industrial UR Aboveground wank rage of liquefied l-Acc.(1) petroleum gas(LPG) Adult Retail Use Establishment(Ftesmution 4o.99 mss Adult Entertain Man tablishrnent N Animal..Wildlife Rehabilitation or Sdentific CU Research Foci€ity Auto wrecking,junk and salvage yards ] Automobile/truck painting/repair ] Billboard Business and profes59una€bFrice Ceret ker's residence r Child day-care center(Re s.%Nip.0.47684 dated Y�l� October 10,2000) _y Child day-care center(in or on a church or a F-Acc. public or private schi i ate)(Re.No,€t-0884 dated Octalaer 113,2000) Clustered DgvelopmcnLRurat Y(1} Community residential facility(>'t or fewer Id residents) • Community residential Facility(greater than 8 t!1 residents,n0 more than 25 residents) Community treatment Facility(8 or fewer h1 residents) Community treatment facility(greater than S €V residents,no more than 20 residents) Conditional Accessory U tit Contractor's Yard CU Dependent Relative Manufactured(Mobile) Home Dormitory N Duplex N Family day-care provider{Res_No.0-u8&4 dated October 10,2pt1U' Fraternity,sorority N Garage/sloragestructure,detached P . Home industry Cif Home profession • P-Aec.(j - Hvusehold pets P Inherently Dangerous Mammal and or IY Inherently Dangerous Reptile Keeping 52 of 78 Phase 'Development f egulation5 Attachment Machine shop N Manufactured(mobile m a Pl1 &2) A+Ianufattured(mobile)home park Mining,quarrying,blasting,;acting,crushing N A nd_screening of sand,gravel,clay or rock M1 2miLy dwelling 9V Neighborhood retail or ser'v'ice bush Less Nursing, home,convalescent home Prison,jail.or insti lution 1V • 1_ Maximum security 2. Minimumsecurit}' 3. Work release 4. CorreCtional Facility 12ctirement apartment Seasonal harvest festivities N Self-service storage facility N Single-family dwelling P1 Solar coltrtor and associated systems P-Arc. Storage Structure,detached,private Y Ace 7 Tank storage of critical materials Above ground P-Ace. 1 Selcnv ground P-Acr- Tire Salvage Yard 1M1 'Fre nsition al cormmnunity facility(8 orfewer residents) Transitional community facility(greater than 8 N residents,no more than 7,0 residents) Video Board (Re z.Ago-' -1030,die daifst November 16, T] '1999) Wire]ess Communication Antenna Array P-Acc(1J, Wireless Corn municadon Support Tower Other uses may be pen-6110 in aravdarbet.with section 14-6U4 - - ail lip hcs.lrin2 as 3n arnendnuitt to the Zoning C,dt, 14.637A40 Use-Public and Semi•ublic UR Archery,rifle,gun.,pistol rangeslclul a !!f Cemetery CU Church P Circus(Res.No.99-1061,dated November 30,1999) Pf Comm*rcisl composting storage/pruccssing Community hall,dub,or lodge P€IJ Community recreational facility CU Community swimming poo] ;al Community transit center Family day care home _P Fire station P Gt}1f course P 1-lospit ] IV lnciner-ator l Landfill NI Library Ai Medical office or emergency clinic T* S3 of78 Phase 1 Development Regulations Attachment A Nonrnotorixed vehicle trail system P(11 Nursery school P Park and ride facility Park,public(including caretaker's residence) Post office P Private repeater facility Public utility local distribution facility Public utility transmission facility Pa1 Race tracks(horses,dogs,autos,go-carts,snow- N mobiles,off-road vehicles,motorcycles) Recreational area,commercial N Recreational vehicle park N Sanitarium N Schools-public and private 1. Kindergarten P 2. Elementary 3. Middle. 4. Junior high 5. High CU 6. Junior college CU 7. College or university CU B. Expansion of existing public or private schools or addition of accessory structure on adjacent property Sewage sludge land application N Solid waste hauler N Solid waste recycling/transfer site N Solid waste recycling/transfer site,private N Tower p(1) f Tower,private P-Acc-1 Zoological Park CU Other uses may be permitted in accordance with section 14.604.160: - - - . -• - - 14.637.060 Agricultural,Silvicultural,and Agriculture.-related UR Agricultural processing plant,warehouse Agricultural product stand P(1). Airstrip for crop dusting and spraying N Airstrip,personal N Airstrip,private Animal clinic-veterinary-large and small CU animals Animal raising and/or keeping r/1). Beekeeping,commercial Beekeeping,hobby Cultivation of land(commercial) Dairy P Farm machinery sales and repair P Feed tot ]V Feed mill Fertilizer application facility P Fish hatchery Floriculture(flower growing) 1' Gardening 54 of 78 Phase 1 Development Regulations Attachment A i Gasohol plant,commercial use N Gasohol plant,personal use P(1) Grain elevator Grazing Greenhouse-commercial P Hazardous waste treatment and storage facilities, Pl off-site Hazardous waste treatment and storage facilities, [�l on-site Horse boarding and training Horticulture(vegetable growing) P Kennel CU Kennel,private CU Nursery-wholesale Orchard l'd Riding stable Sawmill and lumber mill CU Transient-agricultural tabor residence N Tree farming Truck gardening Vineyard Winery Other uses may be permitted in accordance with section 14.604.160.eFat4etermined-l7-the-Hearing-Bed} in-public s.an aewc ent-to-the-geofng-Gods, 14.637.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.638(EA),14.640(GA)•14.642(RS),14.644(FZ),and 14.643(UR)for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mnbile) Home development standards. P(3) See Chapter 14.812 for required Solar development standards. P(4) See home profession definition. P-Acc. Permitted accessory use CU Conditional use CU(1) See Chapter 14.816 N Not permitted use 55 of 78 Phase 1 Development Regulations Attachment A New Chapter of Spokane County/amine Code Chapter 14.646 RURAL CONSERVATION(RC)ZONE Section: 14.646.100 Purpose and Intent 14.646.210 Permitted Uses 14.646.220 Accessory Uses 14.646.230 Prohibited Uses 14.646.240 Conditional Uses 14.646.300 Development Standards 14646.302 Clustered Development,Rural 14646.305 Density 14.646.310 Minimum Lot Area 14.646315 Minimum Frontage 14646320 Minimum Lot Width 14.646.325 Minimum Yards 14.646.330 Maximum Building Coverage 14.646.335 Maximum Building Height 14.646340 Parking Standards 14.646.345 Signage Standards 14.646.350 Landscaping Standards 14.646.355 Storage Standards 14.646.100 Purpose and Intent 1. The Rural Conservation(RC)zone is designed to implement the Rural Conservation category of the Comprehensive Plan and is intended to provide for rural lifestyles while protecting and retaining open space for agriculture or forestry resource use,or as environmentally sensitive natural areas. 2. The principal land uses in the Rural Conservation(RC)Zone are low-density residential, open space and agriculture. Recreational opportunities are intended to be consistent with the type and value of the open spaces. 3. Public service and utilities will be limited and residents will expect low levels of service for police and fire protection. The use of on-site sewage disposal systems and individual wells will be the standard. 4. To meet the purpose and intent of the zone,the minimum residential density will be twenty (20)acres per dwelling unit for standard,large-lot subdivisions or ten(10)acres per dwelling unit if the lots are developed through a cluster subdivision. Encouraging clustered housing through residential density standards helps achieve efficiency of public utilities and preserves open space for environmental or resource related uses. 14.646110 Permitted Uses Hereafter in the RC zone no building,structure or improvements or portion thereof shall be erected,constructed,converted,established,altered,or enlarged,nor shall any lot or premises be used,except for those uses specifically permitted in this zone in accordance with Chapter 14.637 and the requirements of 14.416. In addition the following specific standards are required for the following permitted uses: 56 of 78 Phase 1 Development Regulations Attachment A it 1. Rural Cluster Development-only when developed in compliance with the standards provided in Chapter 14.824. 2. Agricultural products sales stand/area,provided that: a. The stand or retail area is not more than three thousand(3,000)square feet; b. Sales are limited to agricultural products,most of which must he produced on premises unless a temporary use permit is obtained to sell accessory goods as permitted under section 14.640.220 of this chapter; c. Adequate provisions are made for off-street parking;and 3. A public utility transmission facility provided: a. That the utility company shall secure the necessary property or right-of-way to assure for the proper construction,continued maintenance,and general safety to the properties adjoining the public utility transmission facility; b. That all support structures for electrical transmission lines shall have their means of access located a minimum of ten(10)feet above the ground; c. That the facilities shall he compatible with the surrounding uses either by distance, landscaping,buffering,or design,as determined by the Planning Director;and d. That the height of the structure above ground does not exceed one hundred twenty- five(125)feet. 4. Personal airstrip limited to accommodate one(1)plane,provided that a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty (150)feet in width by six hundred(600)feet in length is provided. ) b. For single-engine aircraft a minimum unobstructed runway area of two hundred(200) feet in width by fifteen hundred(1,500)feet in length is provided; c. For multiengine aircraft a minimum unobstructed runway area of two hundred(200) feet in width by two thousand(2,000)feet in length is provided;and d. All storage of fuel will be at a minimum seventy-five(75)feet from the runway's landing surface and in accordance with the Uniform Fire and Building Codes. 5. Tower—The applicant shall demonstrate compliance with the following standards prior to the issuance of a building permit. a. The tower shall be enclosed by a fence not less than six(6)feet in height with a locking gate; b. The tower shall have a locking trap door or the climbing apparatus shall stop twelve (12)feet short of the ground; c. The tower collapse or blade impact area shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement as designed and certified by a registered engineer and shall be determined by relating"blade diameter"to a"throw trajectory"based on the following scale: Blade Diameter(ft.) 5 10 15 20 30 35 40+ Radius of Impact Area(ft.) 100 165 220 270 340 365 385 d. Before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required avigation easements can be satisfied. 57 of 78 Phase 1 Development Regulations Attachment A 6. Animal raising and/or keeping,provided that the following standards are met. a. Animal Enclosure Setbacks: Any building and/or structure housing large and/or small animals and any yard, runway,pen or manure pile shall be no closer than fifty(50)feet,in the case of swine two hundred (200)feet,from any occupied structure other than the dwelling unit of the occupant on the premises. b. Sanitary Conditions: Structures,pens,yards and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined by the Spokane County Health District. 7. Nonmotorized vehicle trail system,provided that: a. The trail is adequately marked/signed for its intended use; b. Identification of private property is established along the trail; c. The street and railroad intersections with the trail are signed; d. Minimum national accepted widths for the trail are set based upon intended use;and e. The trail follows existing trail easements or suitable rights-of-way as much as feasibly possible. 8. Inherently dangerous mammal and/or inherently dangerous reptile keeping provided that a. The minimum lot area is twenty(20)acres. b. Within a rural duster development,the use is not permitted unless located within the remainder parcel. c. No more than four(4)inherently dangerous mammals and or inherently dangerous reptiles shall be allowed. d. The inherently dangerous mammal and or inherently dangerous reptile keeper and Jthe animal keeping facility are authorized and licensed and maintained in accordance with any requirements of the Spokane County Animal Control Authority as determined by that agency. e. The animal keeping facility shall be a minimum separation of twenty-six hundred forty(2,640)feet from any existing school,daycare center,church,and public park as defined in this Code. 9. Animal,Wildlife Rehabilitation or Scientific Research Facility provided that: a. The facility shall be approved/licensed and maintained in accordance with any applicable requirements of the appropriate county,state,and federal governmental agencies as determined by those agencies. 10. Child day-care center,provided: a. The center is located on a paved road or bus route;and b. The center serves 30 or fewer children. A center providing care for more than 30 children shall require a conditional use permit. 14.646.220 Accessory Uses All accessory uses,buildings and structures ordinarily appurtenant to any of the uses allowed in this zone under Chapter 14.646,the Rural Conservation Zone Matrix,are permitted,including: 1. Home profession,provided that a home profession permit is obtained. 2. Tower,private,provided that: a. The applicant shall demonstrate compliance with this ordinance prior to the issuance of a building permit; 58 of 78 Phase 1 Development Regulations Attachment A b. The applicant shall furnish a site plan showing height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction/erection specifications; d. The applicant shall show that the impact area (that area in all directions equal to the private tower's height above grade)is completely on his/her property. Up to one-half (1/2)of the tower's impact area in distance may be administratively approved if not located on the applicant's property in accordance with Section 14.506.020(7);or,the applicant has secured an easements)for all property in the tower's impact area if not entirely on his/her ownership. Such easement(s)shall be recorded with the County Auditor with a statement that only the Division of Planning can remove the easement; e. The use must be accessory to a residence on the same site as the private tower,except for a private repeater facility or remote base operations;and f. The setbacks for the private tower shall be the accessory use setbacks of the zone where it is located,if detached,and shall be the primary use setbacks of the zone where it is located,if attached to the primary use/building of the property. 3. Aboveground tank storage of liquefied petroleum gas(LPG)provided: a. That the storage shall be in accordance with standards prescribed by the Department of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall at a minimum maintain primary use setbacks. d. That traffic control and safety devices may be required by the Planning Director based on recommendations of the Division of Building and Code Enforcement, 4. Aboveground tank storage of critical material,whether or not within the Aquifer Sensitive Area(ASA),provided: a. That the storage of critical material shall be in accordance with the standards prescribed by the Division of Building and Code Enforcement and,within the Aquifer Sensitive Area(ASA),shall be in accordance with the standards prescribed in the ASA Overlay Zone,Chapter 14.706. b. That the maximum tank height shall be fifteen(15)feet above grade. c. That exposed tanks,those not completely below ground and covered over at grade, shall,at a minimum,maintain primary use setbacks. d. That traffic control and safety devices may be required by the Planning Director based on recommendations of the Division of Building and Code Enforcement. 5. One manufactured(mobile)home as a temporary residence for dependent relative(s)as defined in Chapter 14.300.100,provided that: a. The manufactured (mobile)home shall be as defined in Chapter 14.300.100. A recreational vehicle shall not qualify as a temporary residence. b. Minimum development standards: i. Area: 25,000 square feet ii. Standards of the underlying zone,provided that doubling of the standards due to a second dwelling unit is not required. c. The placement of the manufactured(mobile)home shall be in compliance with all subdivision and zone reclassification conditions requested and established by the County,realizing a second unit or manufactured(mobile)home may be prohibited by these conditions. 59 of 78 Phase 1 Development Regulations Attachment A d. A separate written statement by both a licensed physician and the care-provider stating that the person(s)in question is physically or mentally inca able of caring for themselves and/or their property shall be submitted with the application. The Planning Division shall supply forms suitable to meet this written requirement. e. The manufactured(mobile)home shall be occupied by either: i. the dependent relative(s)and family;or ii. the person(s),and possible family,providing care to the dependent relative(s) owning and occupying the principal residence. f. Upon termination of the need for care,the manufactured(mobile)home shall be removed from the property within one hundred eighty(180)days. The Division may exercise discretion when weather intervenes with removal or when the dependent relative is absent a longer period and receiving intermediate or skilled nursing care. g. A statement shall be recorded in the County Auditor's office by the Division stating that the manufactured(mobile)home is temporary and is for use by the named dependent relative(s)or that person(s)'care provider for whom the temporary use permit is approved and that it is neither to be considered a permanent residential structure nor to be transferred with the property if it should be sold or leased. h. The permit shall he granted for a period of one year and may be administratively renewed yearly by the Director/designee upon submission of the required renewal fee and the recertification by a licensed physician and the care-provider that a dependency situation continues which meets the threshold criteria set forth above. The Division may exercise some discretion regarding the continuing dependency,even if some circumstances may have changed. There shall be an annual renewal,with the date for renewal being the first day of the month one year following the effective date of the original permit. Additional renewals shall be annual,based upon the effective date. , - i. Only one dependent-relative manufactured(mobile)home shall be permitted on a lot. No more than two dependent relatives per unit are permitted. j. The care-provider may be administratively changed upon written application to and approval by the Division. Any change in dependent relative(s)requires processing of a new permit,consistent with current standards;that is,no non-conforming status exists. This provision does not apply to adding a spouse as a new dependent relative,as provided in this chapter. k. A spouse of this dependent relative may administratively become qualified as. 'dependent'upon written request and submission of the forms to qualify him/her as dependent. This request must be submitted during the period in which the temporary manufactured(mobile)home is legitimately located on site. L All applications shall be processed consistent with the provisions of Chapter 14.510.000(b). 6. Wireless communication antenna array,provided: a. That mounted antennas shall not exceed twenty(20)feet above the existing structure to which they are attached. b. That before the issuance of a building permit,the applicant shall have demonstrated that all applicable requirements of the Federal Communications Commission,Federal Aviation Administration and any required aviation easements have been satisfied. c. That the antenna array is pointed or finished in such a manner to match the existing structure in which it is placed upon,if possible. 60 of 78 Phase 1 Development Regulations Attachment A 14.696.230 Prohibited Uses All uses not specifically authorized in the RC zone are prohibited,including,but not limited to, the following. 1. General industrial use; 2. General commercial use; 3. General residential use except as specifically permitted in Sections 14.646.210 and 14.646.220;and 4. General public and semipublic use except as specifically permitted in Section 14.646.210. 14.646.240 Conditional Uses Those uses designated as conditional uses within the RC zone on the Rural Conservation Zone Matrix,Chapter 14.637,may be permitted,provided that a conditional use permit authorizing such use has been granted,as set forth in Section 14.404.100,and provided further that at a minimum the development standards of this section and the following special standards are met. 1. Airstrip,private,provided that a. For ultralight vehicles,a minimum unobstructed runway area of one hundred fifty (150)feet in width by six hundred(600)feet in length is provided. b. A minimum unobstructed runway area of two hundred fifty(250)feet in width by fifteen hundred(1500)feet in length is provided for single-engine aircraft; c. A minimum unobstructed runway area of two hundred fifty(250)feet in width by two thousand(2,000)feet in length is provided for multiengine aircraft; d. It is located and/or designed with full consideration to its proximity to,and effect on, adjacent land uses; e. its exterior property ownership boundaries are at least one-quarter(1/4)mile from any SR-1/2,UR-3.5,UR-7,UR-12,UR-22 or RS zone classifications; f. All storage of fuel will be at a minimum of one hundred(100)feet from the runway's landing surface and will conform to the Uniform Fire and Building Codes;and g. Any other conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare to the nearby residences as well as the general public. 2. Archery,rifle,gun,pistol ranges/clubs-outdoor/indoor,provided that a. Minimum lot area is twenty(20)acres; c. In the consideration of an application for a permit,the Hearing Body shall take into account safety,health,and noise factors,and may prescribe additional conditions with respect thereto. 3. Home industry,provided that: a. The property shall retain its residential appearance and character; b. The use shall be carried on in a primary residence or may be allowed in accessory detached structures which are not,in total,larger than two(2)times the gross floor area of the primary residence; c. Only members of the family residing on the premises,and no more than two(2) employees outside of the family,may be engaged in the home industry; d. One(1)sign identifying the home industry shall be unlighted and may be attached or detached. The sign shall not exceed a maximum of sixteen(16)square feet on a face. e. Window or outside displays may be allowed as approved by the Hearing Body; f. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the occupation,profession,or craft; 61 of 78 Phase 1 Development Regulations Attachment A g. All material or mechanical equipment shall be used in such a manner as to be in compliance with WAC 173-60 regarding noise; h. Parking,traffic,and storage requirements shall be as approved by the Hearing Body; and i. All storage areas shall be enclosed or completely screened from view by a maximum six(6)-foot-high sight-obscuring fence meeting accessory use setback requirements. 4. Private Kennel,provided that: a. Minimum lot area is five(5)acres. b. No more than eight(8)dogs and/or ten(10)cats over six(6)months of age are permitted on the subject site. c. That outside runs or areas shall be not less than three hundred(300) feet from any dwelling other than the dwelling of the owner and the run or yard area shall be enclosed with a six(6)-foot sight-obscuring fence,board-on-board or cyclone with slats. d. The structure(s)housing the animals shall be large enough to accomodate all animals and shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels for the number of animals to be kept during a period of normal operation. e. All animals are to be housed within a structure and no outside animals are permitted between the hours of 10:00 p.m.and 6:00 a.m. f. Landscaping for screening and noise abatement may be required by the Hearing Body in addition to sight-obscuring fencing. g. One off-street parking space shall be provided for each eight(8)animals kept on the premises. h. A kennel license and inspections shall be made by the Spokane County Small Animal Control. i. advertising,signs,lighting and parking plans shall be approved by the Hearing Body. j. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i. Compliance with all the conditions of approval;and ii. The advisability of renewing such permit. k. The applicant shall submit adequate information to aid the Hearing Body in determining that the above standards are satisfied prior to the public hearing. 1. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 5. Kennel,provided that: a. The structure(s)housing the animals shall be adequately soundproofed to meet WAC 173-60 as determined by the noise levels during a period of normal operation for the number of animals to be kept. b. That the compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 shall be demonstrated by the applicant. c. The structure(s)and outside runs or areas housing the animals shall not be less than three hundred(300)feet from any dwelling other than the dwelling of the owner,and shall be no less than fifty(50)feet to any property line of the subject site. d. Any permitted outside runs or areas shall be completely screened from view by sight- obscuring fencing or landscaping or both as determined by the Hearing Body to serve as a visual and nosie abatement buffer. e. All animals are to be housed within a structure and no outside boarding of animals is permitted between the hours of 10:00 p.m.and 6:00 a.m. f. One off-street parking space shall be provided for each ten(10)animals kept on the premises. 62 of 78 Phase 1 Development Regulations Attachment A g. The permit shall be granted for a period not to exceed two(2)years. At the end of such period an inspection shall be made of the premises to determine: i) compliance with all the conditions of approval;and ii) the advisability of renewing such permit. h. The applicant shall submit adequate information to aid the Hearing Body in determining the above standards are satisfied prior to the public hearing. i. Those conditions or safeguards as deemed necessary by the Hearing Body for the protection and assurance of the health,safety and welfare of the nearby residences. 6. Child day-care center,provided: a. Any outdoor play area shall be completely enclosed to a minimum height of six(6)feet with a solid wall or fence;and b. The facility shall meet Washington State child care licensing requirements. 7. High School,Junior College,College or University-Public and Private,provided that the following can be demonstrated by the submittal of necessary documents or studies. a. A minimum lot area as follows. i. High school-as required by WAC 180-26-020(2)as it presently exists or as it may be hereafter amended; ii. Junior college-thirty(30)acres; iii. College or university-forty(40)acres. b. Direct,primary vehicular access is provided by a state highway or county arterial. c. Each application shall be accompanied by a traffic analysis/study reviewed by the Spokane County Engineer and/or Washington State Department of Transportation, which analysis/study,among other items,shall discuss ingress and egress to the site for faculty and student vehicles as well as buses. The analysis/study shall investigate, discuss and recommend mitigation measures,including their timing with respect to road and traffic improvements necessary to accommodate the facility. d. Each application which proposes water service by a private well on the parcel,as opposed to public water service,shall be accompanied by a groundwater analysis/study addressing the effect on existing wells and water usage in the area of the new private well. e. Each application shall be accompanied by an analysis/study of the growth-inducing aspects of the facility. f. The applicant shall provide documentation that it has reviewed alternative sites through use of identified evaluation criteria and weights for the selection of the site, which criteria shall include minimally those set forth in WAC Chapter 180-26-020,and that the proposed site is one of the highest-rated sites. 8. Contractor's yard,when located on the same property with the dwelling in which the individual or contractor resides,provided that: a. Minimum lot area: ten(10)acres with three hundred thirty(330)feet of frontage on a public road or street. Nonconforming lots of record which are not less than five(5) acres in size are exempt from the minimum lot area; b. All storage shall be within an enclosed building,or within a six(6)-foot sight-obscuring fence of a solid color;existing vegetation or trees may be used as a sight-obscuring buffer in lieu of fencing,as determined by the Hearing Body; C. Al]storage areas(including structures)must meet primary use setback requirements; d. Adequate ingress and egress and on-site circulation shall be provided as determined by the Hearing Body; 63 of 78 Phase 1 Development Regulations Attachment A e. The facility shall be compatible with the surrounding uses either by separation, landscaping,buffering or design as determined by the Hearing Body; f. Signs identifying the contractor's yard shall be unlighted and may be attached or detached,not to exceed sixteen(16)square feet on each face or six(6)feet in height; g. Maximum lot coverage for a contractor's yard shall not exceed ten percent(10%)of the lot area; h. Not more than one contractor may utilize the same contractor's yard. 9. Cemetery,provided that: a. Minimum lot area is twenty(20)acres; b. A cemetery shall not be approved if it is deemed to inhibit the residential development of a neighborhood by(but not limited to): i. Its size,shape,or location being such that it would isolate portions of the neighborhood from the balance of the neighborhood or would prevent the extension of streets important to circulation within the neighborhood. ii. Its topographic location being such(low-lying)that the cemetery would be in general view of the majority of homes or potential lots of the neighborhood or adjoining neighborhoods. c. The cemetery property shall be at least five hundred(500)feet from any dwelling existing at the time of site plan approval,except a dwelling of the cemetery owner or employee; d. No building shall be erected in the cemetery within two hundred(200)feet of any property line of the cemetery; e. No graves shall be located closer to any property line than the required front yard setback of the zone in which the property is located; f. Points of ingress and egress shall be approved by the Division and the Spokane County Engineer or,if on a state highway,the district State Highway Engineer; g. A plat of the cemetery shall be filed with the County Auditor,in accordance with the laws of the State of Washington,after approval by the Division and the Spokane County Engineer; h. No cemetery lots shall be offered for sale until an adequate water supply for irrigation has been developed and approved as adequate by the County Health District and the State Department Health;and i. All cemeteries shall comply with RCW Chapter 68. 10. Solid waste recycling/transfer site(s)owned and/or operated by a municipal corporation or political subdivision,either individually or jointly,provided that: a. Minimum lot area is two(2)acres; b. Adequate ingress and egress to and on the site for trucks and/or trailer vehicles shall be provided; c. There is a paved access route on-site or a Spokane County Air Pollution Control Authority(SCAPCA)-approved dust palliative program for all driven-on areas;and d. The site will either be landscaped(bermed with landscaping to preclude viewing from adjacent properties)or fenced with a sight-obscuring fence. 11. Private solid waste recycling/transfer site,provided that: a. minimum lot area is two(2)acres; b. adequate ingress and egress to and on the site for trucks and/or trailer vehicles shall be • provided; c. there is a paved access route on-site or a Spokane County Air Pollution Control - Authority(SCAPCA)-approved dust palliative program for all driven-on areas;and 64 of 7 8 Phase 1 Development Regulations Attachment A d. the site will either be landscaped, (permed with landscaping to preclude viewing from adjacent properties)and/or fenced with a sight-obscuring fence as determined by the Hearing Body. 12. Feed lots,provided they are: a. More than one-half(1/2)mile from any incorporated area,urban growth area or from any of the following zones: RS,UR-3.S,UR-7,UR-12 and UR-22; b. Greater than one thousand(1,000)feet from an existing residence; c. Landward of the one hundred(100)-year flood plain or,in the event such cannot be determined,three hundred (300)feet landward of the ordinary high-water mark of all irrigation canals,intermittent streams,lakes and waterways;and d. Subject to conditions resulting from a recommendation of the USDA-MRCS and/or any agency charged with responsibility of health,air and water quality protection. 14.646.300 Development Standards Prior to the issuance of a building permit,evidence of compliance with provisions of Sections 14.646.302 thru 14.646.355,when applicable, shall be provided to the Division. 14.646.302 Rural Cluster Developments Rural cluster developments within the RC zone shall comply with the standards provided in Chapter 14.824,Rural Cluster Development. 14.646.305 Density The maximum density of dwelling units in the RC zone shall be one(1)dwelling unit per twenty r J (20)acres,except for rural cluster developments,which shall have a maximum density of 1 dwelling unit per ten(10)acres. 14.646.310 Minimum Lot Area The minimum lot area for one(1)dwelling unit in the RC zone shall be twenty(20)acres,except for rural cluster developments,which shall have a minimum lot area of one(1)dwelling unit per one(1)acre. 14.646.315 Minimum Frontage 1. The minimum lot frontage for a residential unit in the RC zone shall be three hundred thirty(330)feet on a public street unless units are clustered in a Rural Cluster Development in which case the minimum frontage shall be 125 feet. The minimum frontage for all other permitted uses that have a principal structure on site shall be one hundred twenty-five (125)feet on a public street. There is no minimum frontage for permitted uses that do not have a principal structure on site. 2. The minimum frontage for lots whose access is at the terminus of a public(private)street shall equal the minimum right of way or easement width as required by the adopted public or private road standards,as amended. 14.646.320 Minimum Lot Width The minimum lot width for all uses in the RC zone shall be the same for the entire depth of the parcel as the minimum frontage requirements in Section 14.640.315(1). 65 of 78 Phase 1 Development Regulations Attachment A � 1 14.646.325 Minimum Yards The minimum yards and setbacks for uses in the RC zone shall be as follows: A. AU Uses Except Accessory Uses 1. Front Yard and/or Flanking Street Yard: a minimum setback of sixty-five(65)feet from the centerline of all roadway right-of-way or thirty-five(35)feet from front and/or side lot lines,whichever provides the greater setback from the centerline of the roadway right-of-way. 2. Side Yard: each lot shall have side yards of at least five(5)feet for each story of building. 3. Flanking Street Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or a thirty-five(35)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: the minimum rear yard shall be thirty(30)feet. B. Accessory Uses 1. Front Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or thirty-five(35)-foot setback from the lot front line, whichever provides the greater setback from the centerline of the roadway right- of-way. 2. Side Yard: five(5)feet except that no side yard is required eighty(80)feet or more from the lot front line. 3. blanking Street Yard: a minimum of sixty-five(65)-foot setback from the centerline of all roadway right-of-way or a thirty-five(35)-foot setback from the existing property line,whichever provides the greater setback from the centerline of the roadway right-of-way. 4. Rear Yard: no requirement. 14.646.330 Maximum Building Coverage The maximum building coverage in the RC zone shall be twenty percent(20%)of the lot area, except for rural cluster developments,which shall have a maximum building coverage of thirty- five percent(35%)of the lot area 14.646.335 Maximum Building_Heigh_t The maximum height of residential structures in the RC zone shall be thirty-five(35)feet. There is no height restriction on permitted nonresidential structures. 14.646.340 Parking Standards Parking standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.340. 14.646.345 Signage Standards Signage standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.343. 14.646.350 Landscaping Standards Landscaping standards for uses in the RC zone shall be the same as required in the General Agriculture(GA)zone,Chapter 14.640.350. 66 of 78 Phase 1 Development Regulations Attachment A 14.646.355 Storage Standards 1. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. 2. All storage(including storage of recyclable materials)on lots not qualifying as a primary agricultural parcel shall be wholly within a building,or shall be screened from view from the surrounding properties,and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yard. The private, noncommercial storage of two(2)inoperable or not-currently-licensed vehicles shall be allowed provided they are completely sight-screened year-round from a non-elevated view with a fence,maintained Type I or[I landscaped areallir maintained landscaped berm. Storage of additional inoperable or not currently licensed vehicles shall be within a completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. 67 of 78 Phase 1 Development Regulations Attachment A Deletions are strek-through,Additions are underlined and bolded Chapter 14.637 EXCLUSIVE AGRICULTURAL,GENERAL AGRICULTURAL,ASIA RURAL SETTLEMENT AND FORESTRY ZONES MATRIX,RURAL CONSERVATION AND URBAN RESERVE Section: 14.637.020 Use- Residential/Business/Service/Industrial 14.637.040 Use- Public and Semi-Public 14.637.060 Use- Agricultural,Silvicultural,and Agriculture Related 14.637.080 Index of Letters and Symbols 14.637.020 Use-Residential/Business/Service/Industrial RC Aboveground tank storage of liquefied P-Acc.(1) petroleum gas(LPG) Adult Retail Use Establishment(Resolution No.99 o7oz) Adult Entertainment Establishment N Animal,Wildlife Rehabilitation or Scientific Research Facility(Res.No.99-1061,dated November 30.1999) Auto wrecking,junk and salvage yards N Automobile/truck painting/repair N Billboard(Res.No.99-1030,dated November 16,1999) I\` Business and professional office N Caretaker's residence Child day-care center(Res.No.0.0884 dated P(1),CU October 10,2000) Child day-care center(in or on a church or a P-Acc. public or private school site)(Res.No.0-0884 dated October 10,2000) Clustered Development,Rural P(1) Community residential facility(8 or fewer N • residents) Community residential facility(greater than 8 N residents,no more than 25 residents) Community treatment facility(8 or fewer N residents) Community treatment facility(greater than 8 residents,no more than 20 residents) Conditional Accessory Unit CU(1) Contractor's Yard CU Dependent Relative Manufactured(Mobile) F-Acc.1 Home Dormitory Duplex N Family day-care provider(Res.No.0-0884 dated October 10,2000) Fraternity,sorority N Carage/storagestructure,detached Home industry CU Home profession P-Acc 4Z Household pets Inherently Dangerous Mammal and or rta Inherently Dangerous Reptile Keeping 68 of 78 Phase 1 Development Regulations Attachment A Machine shop N Manufactured(mobile)home P(1&2) Manufactured(mobile)home park N Mining,quarrying,blasting,sorting,crushing N and screening of sand,gravel,clay or rock N Multifamily dwelling Neighborhood retail or service business N Nursing home,convalescent home N Prison,jail,or institution N 1. Maximum security 2. Minimum security 3. Work release 4. Correctional facility Retirement apartment N Seasonal harvest festivities N Self-service storage facility Single-family dwelling P(ij Solar collector and associated systems I'-Acc. Storage Structure,detached,private P-Acc 1 Tank storage of critical materials Above ground P-Acc.1 Below ground P-Acc. Tire Salvage Yard N Transitional community facility(8 orfewer lV residents) Transitional community facility(greater than 8 N residents,no more than 20 residents) Video Board(Res.No.99-1030,dated November 16, N ) 1999) Wireless Communication Antenna Array P-Acc 1 Wireless Communication Support Tower Other uses may be permitted in accordance with section 14.604.160.etas-deter4nined-by-the-Hearirt-Boely 14.637.040 Use-Public and RC Archery,rifle,gun,pistol ranges/clubs CU Cemetery CU Church P Circus(Res.No.99-1061,dated November 3f1,1999) N Commercial composting storage/processing N Community hall,club,or lodge Community recreational facility N Community swimming pool N Community transit center N family day care home P Fire Station P Golf course N Hospital N Incinerator N Landfill N Library N Medical office or emergency clinic N Nonmotorized vehicle trail system P 1 Nursery school 69 of 78 Phase 1 Development Regulations Attachment A Park and ride facility N Park,public(including caretaker's residence) Post office P Private repeater facility Public utility local distribution facility Public utility transmission facility Pf1) Race tracks(horses,dogs,autos,go-carts,snow- N mobiles,off-road vehicles,motorcycles) Recreational area,commercial N Recreational vehicle park N Sanitarium N Schools-public and private 1. Kindergarten 2. Elementary 3. Middle 4. Junior high 5. High CU 6. Junior college CU 7. College or university CU 8. Expansion of existing public or private schools or addition of accessory structure on adjacent property Sewage sludge land application N Solid waste hauler N Solid waste recycling/transfer site CU Solid waste recycling/transfer site,private CU Tower Tower,private P-Acc.1 Zoological Park,(Res.No.99-1061,dated November N ) 30,1999) Other uses may be permitted in accordance with section 14.604.160. - _ _ --- - - -- - Rt-to-the-Zoning-cede: 14.637.060 Agricultural,Silvicultural,and Agriculture-related RC Agricultural processing plant,warehouse Agricultural product stand Pfl Airstrip for crop dusting and spraying CU Airstrip,personal PSG Airstrip,private CU Animal clinic-veterinary-large and small P animals Animal raising and/or keeping L'(11 Beekeeping,commercial Beekeeping,hobby Cultivation of land(commercial) Dairy Farm machinery sales and repair Feed lot CU Feed mill P Fertilizer application facility Fish hatchery P Floriculture(flower growing) Gardening Gasohol plant,commercial use N Gasohol plant,personal use N 70 of 78 Phase 1 Development Regulations Attachment A Grain elevator P Grazing Greenhouse-commercial k' Hazardous waste treatment and storge facilities, off-site Hazardous waste treatment and storage facilities, P-A E on-site Horse boarding and training Horticulture(vegetable growing) Kennel CU Kennel,private CU Nursery-wholesale Orchard P P-Aee Riding stable Sawmill and lumber mill N Transient-agricultural labor residence Tree farming Truck gardening Vineyard Winery Other uses may be permitted in accordance with section 14.604.160. ' g-BBedy owe-2erring-C-an 14.637.080 Index of Letters and Symbols P Permitted use P(1) See Chapters 14.638(EA),14.640(GA)•14.642(RS),14.644(PL),and 14.646(RC)for specific standards for locating and approving these uses. P(2) See Chapter 14.808 for required Manufactured(Mobile) Home development standards. P(3) See Chapter 14.812 for required Solar development standards. P(4) See home profession definition. P-Ace. Permitted accessory use CU Conditional use CU(1) See Chapter 14.816 N Not permitted use 71 of 78 Phase 1 Development Regulations Attachment A Section IV. Concurrency A. Concurrency Facilities and Services 1. Definitions a. Adequate Public Facilities—Facilities which have the capacity to serve development without decreasing levels of service below locally established minimums. b. Available Public Facilities—Means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation,the specified time is six years from the time of development, c. Concurrence—Means that adequate public facilities are available when the service demands of development occur. This definition includes the two concepts of"adequate public facilities"and of"available public facilities"as defined above. d. Double Plumbing Dry Side Sewers —A sewer service line installed at the time of on-site sewage disposal system construction, which will connect the structure wastewater system to a public sewer,when the public sewer becomes available. (Ref. SCC 8.03.1242) e. Dryline Sewer—A sewer line, constructed at the time of property development,that is not put into service until the public sewer system is \ ) extended to the development. The installation of Dryline Sewers within a development facilitates the simple and straightforward connection of the development to sewer when the public sewer system is extended to the boundary of the development. f. Project Permit/Project Permit Application—Any land use or environmental permit or license required from a review authority for a project action, including but not limited to building permits, short plats, subdivisions,binding site plans,planned unit developments, conditional uses, variances,shoreline permits,site plan review,permits or approvals required by the Critical Area Ordinance, site-specific zone reclassifications, manufactured home parks,and change of condition request. 2. Applicability The following facilities and services must be evaluated for Concurrency: a. Transportation f Parks and Recreation b. Public Water g. Libraries c. Public Sewer h. Solid Waste Disposal d. Fire Protection i. Schools e. Police Protection 72 of 78 • Phase 1 Development Regulations Attachment A 3. Direct Concurrency Transportation, Public Water and Public Sewer shall be considered Direct Concurrency Services. Concurrency requirements for public water and public sewer service are detailed in Section IV, F. Transportation facilities serving a development must be constructed,or a financial guarantee for required improvements must be in place prior to occupancy. Applicable permit/project applications shall require Transportation Concurrency Review, described below. A Concurrency Certificate shall be issued to development proposals that pass the Transportation Concurrency Review. 4. Indirect Concurrency Fire Protection,Police Protection, Parks and Recreation, Libraries, Solid Waste Disposal and Schools shall be considered Indirect Concurrency Services. Spokane County shall demonstrate the adequacy of Indirect Concurrency services through the Capital Facilities Plan(CFP). The CFP will be updated annually, at which time all Indirect Concurrency Services will be evaluated for adequacy. The evaluation will include an analysis of population, Level of Service and land use trends in order to anticipate demand for services and determine needed improvements. If any Indirect Concurrency Services are found to be inadequate, the County shall adjust the Land Use element to lessen the demand for services, include a project in the CFP to address the deficiency or adjust the Level of Service. Any of the approaches shall require amending the Comprehensive Plan. B.Transportation Concurrency and Review 1. The following project permits/project applications shall be subject to Transportation Concurrency Review. a. Subdivisions f. Residential building permits over 4 units b. Short Plats g. Conditional Use Permits c. Zone Changes with site plans h. Manufactured Home Parks d. Planned Unit Developments i. Extension of time(see exemption No. 2.b.) e. Commercial/Industrial building permits j. Change of conditions A Certificate of Concurrency, issued by the Division of Engineering, shall be required prior to approval of the above applications. 2. The following shall be exempt from Concurrency Review: a. Project permits that were issued, or project applications that were determined to be complete (see RCW 36.70B) prior to the effective date of these Concurrency Regulations. b. The first renewal of a previously issued, unexpired project permit,provided that substantial progress has been made as determined by the appropriate review authority. 73 of 78 Phase 1 Development Regulations Attachment A c. Any project permit that will have insignificant transportation impact,and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as determined by the County Engineer. d. The following project permit actions: i. Boundary line adjustments; ii. Final subdivisions/Final PUD's/Final Short Plats/Final Binding Site Plans; iii. Temporary Use Permit; iv. Variances. e. Proposed project permits/project applications that do not create additional impacts on transportation facilities. Such projects may include but are not limited to: i. Any addition or accessory structure to a residence with no change or increase in the number of dwelling units over 4 units; ii. interior renovations with no change in use or increase in number of dwelling units over 4 units; iii. Any addition, remodel,or interior completion of a structure for use(s)with the same or less intensity as the existing use or a previously approved use. 1 C. Transportation Concurrency Review Procedures 1. Applicability All project permits,except for those exempt, shall apply for Transportation Concurrency Review at the time applications for project permits are submitted. Inquiries about availability of capacity on transportation facilities may be made prior to project permit applications, but responses to such inquiries are advisory only and available capacity can only be reserved through a Concurrency Certificate as set forth in these regulations. 2. Procedures a. Applications for Transportation Concurrency Review shall be submitted on forms provided by the Review Authority. b. Transportation Concurrency Review shall be performed for the specific property,uses, densities and intensities based on the information provided by the Applicant/Property Owner. The Applicant/Property Owner shall specify densities and intensities that are consistent with the uses allowed. c. The Review Authority shall notify the Spokane County Engineer,or his/her designee,of all applications received requiring Transportation Concurrency Review and shall request a Concurrency Determination. 74 of 78 Phase 1 Development Regulations Attachment A i d. Spokane County Engineer shall notify the Applicant/Property Owner and the Review Authority of the results of the Concurrency Determination within 30 days of receipt of Application for Transportation Concurrency Review. If additional information is needed to determine Concurrency, such additional information may be requested by the Spokane County Engineer. Such request shall not make the original project application deemed incomplete. e. The project permit may be conditioned as necessary to ensure that an improvement relied upon to demonstrate Concurrency will be completed or a Transportation System Management Strategy shall be a part of the permit decision. f. If the proposed project fails the Concurrency Test and the project permit cannot be conditioned to accomplish concurrency, the project permits)shall be denied. g. If the proposed project passes the Concurrency Test, the Division of Engineers shall issue a Concurrency Certificate to the Applicant/Property Owner. The Certificate shall be used to maintain an accounting of traffic impacts on County Roads and the capacity that has been reserved. h. If the project permit has been withdrawn, expires, or is otherwise cancelled, the Concurrency Certificate shall automatically be voided. The appropriate review authority shall send notice of all voided Certificates to the Applicant/Property Owner and the County Engineer. 3. Relation to Other Requirements Compliance with or exemption from the requirements of these regulations shall not exempt a project from compliance with all other County,State,and Federal regulations. 4. Concurrency Certificate a. A Concurrency Certificate shall only be issued upon payment of any concurrency fee due. b. A Concurrency Certificate shall apply only to the specific land uses, densities, intensities and project described in the application and project permit. c. A Concurrency Certificate is not transferable to other property, but may be transferred to new owners of the same property. d. A Concurrency Certificate shall remain valid so long as the accompanying project permit has not expired or been revoked. e. A Concurrency Certificate is valid for any modification of the permits for which the Certificate was issued so long as such modification does not require the Applicant to obtain a new project permit. f. Any capacity that is not used because the full extent of the development is not built shall be returned to the pool of available capacity. 75 of 78 Phase 1 Development Regulations • Attachment A 5. Concurrency Certificate Fees Fees for issuing Concurrency Certificates shall be based on an adopted fee schedule. D. Phased Development 1. When a project is proposed in phases or construction is expected to extend over some period of time, the Applicant/Property Owner may offer a schedule of occupancy that will be used by the County Engineer to determine the schedule of transportation improvements that must be completed,or financially guaranteed, prior to occupancy of each phase. However,the required transportation improvements shall be determined by analyzing the traffic impacts estimated to be generated by the fully completed project. E. Transportation Concurrency Test Procedures 1. Highway Capacity Manual methods selected by the County Engineer shall be used to analyze project impacts to intersections. 2. Level of Service information in the Capital Facilities Plan, which is updated annually, shall be used as a starting reference to analyze project impacts. 3. Level of Service information shall be updated as necessary to account for traffic levels resulting from the following: a. traffic from newly constructed projects, b. projects for which traffic impacts have been tentatively reserved; and c. projects for which a Concurrency Certificate has been awarded; and, d. non-project, general background traffic increases. Level of Service information shall also be updated as necessary as a result of any discontinued Concurrency Certificates, funded road projects or new Level of Service analysis. 4. Each County intersection affected by the proposed projects shall be reviewed and analyzed for Concurrency. The Applicant/Property Owner may be required to provide a traffic analysis if existing information does not provide adequate information for the Concurrency assessment. 5. Project proposals shall pass the Concurrency Test if (1)the transportation impacts from the proposed project does not decrease the Level of Service of affected intersections below the adopted standards; or,(2)the Applicant/Property Owner agrees to modify the project or provide transportation improvements and/or binding financial commitments that will result in the Level of Service of each deficient intersection meeting or exceeding the adopted standards. 76 of 78 • Phase 1 Development Regulations Attachment A F. Water and Sewer Concurrency Inside Urban Growth Areas New development shall not be approved within the Urban Growth Area boundary unless the proposal can demonstrate the availability of public water and sewer services consistent with adopted Levels of Service, and consistent with the definition for Concurrency in the Spokane County Comprehensive Plan Update. New development must: 1)be connected to a live(fully operational)public sewer at the time of occupancy, or 2)be located within the Spokane County 6-year Sewer Capital Improvement Program, as adopted. New development located within a 6-year Sewer Capital Improvement Program area may install septic systems on an interim basis until such time as sewer service is available. All new development shall install dry line sewers and double plumbing if the new development will rely on an interim septic tank/drainfield system rather than being connected to a live sewer. Once sewer service is available,the development shall be required to immediately connect to the County's sewer system. New Development shall be deemed to have met the"availability"threshold for sewer concurrency if the developer has approved sewer plans, and provides adequate financial security to cover the full cost of constructing the sewerage facilities required for the development. Acceptable plans and security shall be provided before final approval of the proposed development. Developer-financed extensions of public sewer may be allowed within any area of the Urban Growth Area provided capacity and infrastructure needs are adequately addressed. For purposes of this section, new development shall include subdivisions, short plats, binding site plans,manufactured home park site development plans,planned unit development, and zoning reclassifications. Conditional use permits shall also be considered new development if the proposed use would result in an increased amount of wastewater generated on the site. New development not requiring sewer and/or water service (e.g. cellular towers) is exempt from this section. C. Limitation of Services Outside Urban Growth Areas. 1. Public Sewer Service shall not he provided outside the Urban Growth Area except as follows: a. In response to an immediate threat to public health or safety. b. When necessary for the protection of aquifers designated in accordance with RCW 36.70A.170. c. To vested development that is required to be served with sanitary sewer as a condition of development approval. 77 of 78 • Phase I Development Regulations Attachment A d. As may otherwise be allowed by state law. The extension of sewer service according to the exceptions permitted in this section shall not be considered an inducement to types or levels of growth that are not appropriate in the rural area. 2. The provision of public water service and construction of water service lines or other water system facilities shall be allowed outside Urban Growth Area boundaries. The design of public water systems in rural areas shall not be considered an inducement to types or levels of growth that are not appropriate in the rural area. Section V. Applicability.These regulations shall not apply to land use applications vested in accordance with state and local law. Section VI. Conflicts Between Provisions. This ordinance shall apply as an overlay and in addition to other adopted plans,ordinances and regulations affecting lands in Spokane County. In the event of any conflict between this ordinance and other plans, ordinances and regulations,the provisions of this ordinance shall prevail. In the event of any conflict between this ordinance and any development agreement which has been executed under RCW 36.70B.170,prior to the effective date of this ordinance,the development agreement or provisions therein shall govern and prevail during the term of the agreement. Section VII. Effective Date. This ordinance shall be effective immediately upon passage by the Board of County Commissioners. Section IIX. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction,the remainder of the ordinance or the application of the provision to other persons or circumstances shall not be affected. Section IX. Repeal IUGA Interim Regulations.The Spokane County Interim Development Regulations Designating Interim Urban Growth Areas(IUGA)(BoCC Resolution 97-0321),as amended; are hereby repealed. 78 of 78 .. ,Th , e. :,,,,,,,,. . .. „...„,, . • .... .. .. Uri set.01 CottATI'Cc 4t l,ur,rtc),V Its JOHN ROSKlaLE1'.1s1'OISTRIC I' • KATE MCGttil I\•2NUINSIetuCr• PHILI1r D.H:ANUS,.11:UUI IKICr January 17, 2002 • Washington State Office of Community Development Growth Management Program PO Box 48350 Olympia, WA 98504-8350 Attn.: Mr. Dick Fryling RE: Spokane County Phase 1 Development Regulations Dear Mr. Fryling: Enclosed, per RCW 36.70A.105 I have enclosed a copy of the following items: 1. Resolution No. 2-0037: Findings and Decision adopting Phase 1 Development Regulations to implement the Spokane County Comprehensive Plan, establishing an effective date of the Comprehensive Plan and repealing Interim Development Regulations. 2. Resolution No.2-0054: Notice of Adoption and Notice of Time Frame for Appeal pursuant to RCW 36.70&290. If you have questions please contact me. Thank you! Sincerely, O Daniela Erickson Clerk of the Board Enclosure(1) i 1116 WEST 6xnnorvA AVENUE • SI•OKAN1, WASHINGTON 99260-0101) • (509)477.1165 _ - ~ , - ' , ~ . ~ : , . .w „ , . . . , - , , , . „ . : _ . , , 2. '4 , _ ~ , . ; ~5~3 ~ ' ?F~4 ; . . . ~ ~ < ~ . . , i , . ~ : . . . , . , . . 8at5 . ; . . : r , . . ~ , : . : - . ~ ' . . . . . . ~ . , , , , ~ , . . ~ . . , , , . : . ' ' : ~ . , ~ ~ M i;',$ , _ ~ . ' . , ~.i! . . ' . 'I~~ . - a _.e....ea, . : ' ~ ; ~ , '.'t f ~ . . , d ~ .1 • . . : , . . , . ' . _.r ~,r"''°"'~ ~ e , , ; : : . , . i: ! . . : : ~ . : u : ' ' . . 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