Ordinance 13-007 manufactured homes individual lots CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 13-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION
19.40.120 TO ELIMINATE THE "NEW MANUFACTURED HOME" REQUIREMENT,
AND OTHER MATTERS RELATING THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code(SVMC)Title 19,pursuant to Ordinance 07-015; and
WHEREAS, on October 28, 2007, SVMC Title 19 became effective; and
WHEREAS, such regulations are authorized by RCW 36.70A; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan;and
WHEREAS, on March 27, 2013, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on March 28,2013,the Planning Commission held a study session; and
WHEREAS, on March 29,2013 and April 5, 2013, notice of the Planning Commission public hearing
was published in the Valley News Herald; and
WHEREAS, on April 11, 2013, the Planning Commission held a public hearing, received evidence,
information, public testimony, and a staff report with a recommendation followed by deliberations and
provided a recommendation; and
WHEREAS, on April 25, 2013, the Planning Commission approved the findings and
recommendations; and
WHEREAS,on May 14,2013, City Council reviewed the proposed amendment; and
WHEREAS, on May 28,2013,City Council considered a first ordinance reading to adopt the proposed
amendment; and
WHEREAS, on June 11, 2013, City Council considered a second ordinance reading to adopt the
proposed amendment; and
WHEREAS, SVMC 19,40.120, as amended, bears a substantial relation to the public health, safety and
welfare and protection of the environment.
NOW, THEREFORE,the City Council of the City of Spokane Valley do ordain as follows:
Ordinance 13-007 Page 1 of 4
Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 19.40.120, Manufactured
Homes on Individual Lots,to allow used manufactured homes on individual lots.
Section 2. Findings and Conclusions. The City Council acknowledges that the PIanning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council hereby adopts the findings and
conclusions of the Planning Commission, specifically that:
A. Growth Management Act Policies - The Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development regulations
that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set forth
below.
1. Land Use Goal LUG-2: Encourage a wide range of housing types and densities
commensurate with the community's needs and preferences.
2. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the
residents of the community and region.
3. Housing Policy HP-1.1: Consider the economic impact of development regulations on
the cost of housing.
4. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility,
consistency,predictability and clear direction.
5. Economic Policy EDP-7.2: Review development regulations periodically to ensure
clarity, consistency and predictability.
6. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and
future residential neighborhoods through the development and enforcement of the
City's land use regulations and joint planning.
7. Neighborhood Policy NP-2.2: Review and revise as necessary, existing land use
regulations to provide for innovation and flexibility in the design of new residential
developments, accessory dwelling units, and in-fill development.
C. Conclusions
1. The amendment is consistent with the Comprehensive Plan policies and goals for
encouraging a mix of housing types in residential areas,establishing and maintaining a
flexible and consistent regulatory environment and preserving and protecting
neighborhoods.
2. The amendment bears substantial relations to public health, safety and welfare, and
protection of the environment.
3. The proposed amendment will provide increased housing options and expand home
occupations.
4. The proposed City initiated code text amendment is consistent with the City's adopted
Comprehensive Plan and the approval criteria in SVMC 17.80.150(F).
5. The Growth Management Act stipulates that the comprehensive land use plan and
development regulations shall be subject to continuing review and evaluation by the
City. The proposal is consistent with RCW 36.70A, Washington State Growth
Management Act, which stipulates that the comprehensive land use plan and
development regulations be subject to continuing review and evaluation by the City.
Section 3. Spokane Valley Municipal Code Manufactured Homes on Individual Lots, is hereby
amended to allow used manufactured homes on individual lots,as follows:
Ordinance 13-007 Page 2 of 4
19.40.120 Manufactured homes on individual lots.
A.Pursuant to the requirements of RCW 35.21.684,the City does not discriminate against consumers' choices
in the placement or use of a home that is not equally applicable to all homes.This section applies only to
manufactured housing units placed on individual lots.
13.Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards(as they may be amended) are regulated
for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any
other state construction or local design standard; provided,however,that the manufactured home shall;
1. Be set upon a permanent foundation,as specified by the manufacturer, and that the space from the
bottom of the home to the ground be enclosed by concrete or an approved product which can be either
load-bearing or decorative; and
2. Comply with all local design standards,including the requirement for a pitched roof with a slope of
not less than 3:12,applicable to all other homes within the neighborhood in which the manufactured
home is to be located; and
3. Be thermally equivalent to the state energy code; and
4. Otherwise meet all other requirements for a designated manufactured home as defined in RCW
35.63.160.
C. This section does not override any legally recorded covenants or deed restrictions of record.
A"designated manufactured home"is a manufactured home constructed after June 15, 1976, in accordance
with state and federal requirements for manufactured homes,which:
1.Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36
feet long;and
2. Was originally constructed with and now has a composition or wood shake or shingle, coated
metal, or similar roof of nominal 3:12 pitch; and
3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-
built International Building Code single-family residences.
D.An existing single wide manufactured home may be replaced with a new single wide manufactured home
when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of
market value,or removal of existing habitable manufactured home.
E.Manufactured homes with dimensional features that match or closely match the predominant manufactured
home type within a manufactured home subdivision may be placed in the manufactured home subdivision
without regard to the age of the manufactured home. (Ord. 13-001 § 3,2013; Ord. 12-007 § 2, 2012; Ord. 08-
026 § 3, 2008; Ord. 07-015 § 4,2007).
Section 4. All other provisions of SVMC Title 19 not specifically referenced hereto shall remain
in full force and effect.
Ordinance 13-007 Page 3 of 4
Section 5. 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.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 111h day of June, 2013.
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Mayor,.Thomas i.Toti ey
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City Clerk,Christine a g e
Approved as to Form:
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Office e City Attoi iey
Date of Publication: June 14,2013
Effective Date: June 19,2013
Ordinance 13-007 Page 4 of 4
ATTACHMENT A
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
April 25,2013
The following findings are consistent with the Planning Commission's decision to recommend approval.
Background:
1. Spokane Valley development regulations were adopted in September 2007 and became effective on
October 28, 2007.
2. The city-initiated code text amendment proposes to amend Spokane Valley Municipal Code (SVMC)
19.40.120, Manufactured Homes on Individual Lots, to eliminate the requirement of "new
manufactured home".
3. The Planning Commission held a public hearing on April 11, 2013 and voted 6-0 to recommend
approval of the amendment to City Council.
Planning Commission Findings:
1. Compliance with SVMC 17.80.150F Approval Criteria
a. The proposed city initiated code text amendment is consistent with the applicable provisions of
the Comprehensive Plan;
Finding(s):
i. Land Use Goal LUG-2 Encourage a wide range of housing types and densities
commensurate with the community's needs and preferences.
ii. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the
residents of the community and region.
iii. Housing Policy HP-1.1: Consider the economic impact of development regulations on the
cost of housing.
iv. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility,
consistency, predictability and clear direction.
v. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,
consistency and predictability.
vi. Neighborhood Policy NP-2-1: Maintain and protect the character of existing and future
residential neighborhoods through the development and enforcement of the City's land use
regulations and joint planning.
vii. Neighborhood Policy NP-2.2: Review and revise as necessary, existing land use
regulations to provide for innovation and flexibility in the design of new residential
developments, accessory dwelling units, and in-fill development.
b. The proposed amendment bears a substantial relation to public health, safety, welfare, and
protection of the environment.
Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 2
ATTACHMENT A
Finding(s):
i. The amendment is consistent with the Comprehensive Plan policies and goals for
encouraging a mix of housing types in residential areas, establishing and maintaining a
flexible and consistent regulatory environment and preserving and protecting
neighborhoods.
ii. The amendment bears substantial relation to public health, safety, welfare, and protection
of the environment.
iii. The proposed amendment will provide increased affordable housing options and expand
home occupations.
2. Conclusion(s):
a. The proposed city initiated code text amendment is consistent with the City's adopted
Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F).
b. The Growth Management Act (GMA) stipulates that the comprehensive land use plan and
development regulations shall be subject to continuing review and evaluation by the City.
Recommendations:
The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed city-
initiated code text amendments to SVMC 19.40.120,Manufactured Homes on Individual Lots.
App •oved this 25th(lay of April,2013
Bill Bates,Chairman
ATTEST:
Carl Hinshaw,Planning Commission Secretary
Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2