2007, 02-21 Special Study Session. F'11_E COPY
AGENDA
SPOKANE VALLEY CITY COUNCIL
SPFC1AL STUDY SESSION NIET--I'1NG
Wednesday, February 21, 2007 6:00 p.m
City Hall Council Chambers
11707 Fast Sprague Avenue
Spokane Valley, Washington
(Please Turn Off An Electronic Devices During the Moet(ag)
Call to Order by Ntavor Diana Wilhitr
ROLL CALL:
Agenchi Tupics:
1. Council DeliNrntion on Draft Uniform Development Code Tittrs:
Title 19. Zoning
Title 22: Ik.4ign and Developmont Standard
Title 24: Building Regulations
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2. Adjournment
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negative dccwon.
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Special !.feeling Agenda tr'
Title 19 Zoning
February 21, 2007
Major Components
Establishes zoning districts
o R-1 - Single-family Residential Estate
R-2 - Single-family Suburban
R-3 - Single-family Urban
MF-1 - Multi-family Medium Density
MF-2 - Multi-family High Density
MUC - Mixed Use Center
CMU - Corridor Mixed Use
CC - City Center
GO - Garden Office
O - Office
: NC - Neighborhood Commercial
C - Community Commercial
: RC - Regional Commercial
1-1 - Light Industrial
1-2 - Heavy Industrial
: CF - Community Facilities
Major Components (con't)
❖ Non-conforming uses
❖ Supplemental residential zoning district regulations
❖Accessory residential structures
❖Manufactured Homes and Manufactured Home Parks
❖ Home Occupations
❖Animal raising and keeping
❖ Planned Residential Development (PRD)
❖ Supplemental non-residential zoning district regulations
❖ Essential Public Facilities (EPF's)
Major Components (conqt) .
❖ Special Overlay Zones
Medical Office (reserved)
Auto Row (reserved)
•3 Airport Hazard
Pipeline Hazard
Permitted and Accessory Uses
Site Plan Review
Administrative Exception
Conditional Use Permits
Temporary Use Permits
Variances
C-
"'L1epNrtm' entof Comm oLsiq ~,i. c]n n:
Nonconforming Uses
❖ Policy Issues -
❖Allow expansion on site
+Allow expansion on adjacent property
❖Rebuild provision
❖Discontinued use for more than 12 months
❖Replace with another nonconforming use
Supplemental Residential Regulations
❖ Accessory structures
Limit of 10% of lot size - no minimum
❖ Manufactured Homes
New standards include set on foundation, pitched roofs, etc.
❖ Home Occupations
Eliminates the Home Industry provision
Allows Home Occupations to occupy accessory structures
-.'-Typical development standards
Supplemental Residential Regulations (con't)
❖An_i.mal raising & keeping
❖Minimum lot size - 40,000 sq. f.
•3Lixnit on animals - 3 large animals per acres or 6
smaller animals per acre
❖ Small animals/fowl - 1. per 3,000 sq. ft. gross lot
❖Additional structure setbacks (10') for structures
housing animals or poultry
Nj!"I t n6nirif (or►ununif~ Ueyelopment>~`
Planrnng t)i~ ickon.,
Planned Residential Development (PRD)
❖Puipose - allows flexibility in design, preserve
critical. areas, variety of housing types
❖Permitted Uses - Under.l.ying zoning district.
Larger PRD's (10 acres) Neighborhood
Conunercial uses allowed.
❖Development'standards.
❖Open space requirements (30%)
~o Essential Public Facilities - regional process
Special Overlay Zones
Medical Office (reserved)
Auto Row (reserved)
Airport Hazard - no changes
Pipeline Hazard - delineation of areas, notification requirements
Permitted/Accessory Use Charts
♦ ❖ No changes since last discussion
Land Use Permits
• Site Plan Review
s• Administrative Exception
Conditional Use Permits
Temporary Use Permits
Variances
Questions?
Public Hearing Draft Title 19- Zoning
Title 19
ZONING REGULATIONS
19.10 Authority
Title 19 is established pursuant to Section 11 Article XI of the Constitution of the State of
Washington, RCW 35.63.080, and RCW 35A.63.
19.10.010 Applicability.
This section shall govern the occupation, use erection, alteration, removal, demolition or
conversion of any and all buildings, structures, and land located within the corporate limits of the
City of Spokane Valley (herein referred to as the "City").
19.20 Establishment of Zoning Districts.
19.20.010 The City has established the following zoning districts:
R-1 - Single-family Residential Estate District
R-2 - Single-family Residential Suburban District
R-3 - Single-family Residential Urban District
MF-1 - Multi-family Medium Density Residential District
MF-2 - Multi-family High Density Residential District
MUC - Mixed Use Center District
CMU - Corridor Mixed Use District
CC - City Center District
GO - Garden Office District
O - Office District
NC - Neighborhood Commercial District
C - Community Commercial District
RC - Regional Commercial District
1-1 - Light Industrial District
1-2 - Heavy Industrial District
CF - Community Facilities District
19.20.020. Zoning District Map.
The boundaries of the zoning districts established herein are delineated upon the official zoning
map of the City adopted as part of this Code as if contained herein.
The official zoning map shall be filed in the office of the City Clerk. It shall be the duty of the
Community Development Director (Director) to update and maintain the official zoning map by
entering any changes that the City Council (Council) may approve.
19.20.030 Zoning District Boundary Considerations
In determining the boundaries of any zoning district the following rules shall apply:
1. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall
be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
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3. Whenever any street, alley or other public way is vacated by official action of the City
Council, the zoning district adjoining each side of such street, alley, or public way shall be
automatically extended to the center of such vacation and all area included in the j
vacation shall then and henceforth be subject to all regulations of the extended districts.
4. Where the streets or alleys on the ground differ from the streets or alleys as shown on
the Zoning Map, the streets or alleys on the ground shall control.
5. Boundaries indicated as approximately following city limits shall be construed as following
city limits.
6. Boundaries indicated as following railroad lines shall be construed to be midway between
the right-of-way lines.
7. Boundaries indicated as following the centerline of all creeks, streams or drainage ways
shall be construed to follow such centerline.
8. Distances not specifically indicated on the Official zoning map shall be determined by the
scale of the map.
9. The zoning classification applied to a tract of land adjacent to the street shall extend to
the centerline of the street, unless as a condition of zoning approval, it is stated that the
zoning classification shall not apply to the street.
Where physical features on the ground are at' variance with information shown on the official
zoning district map or when there arises a question as to how or whether a parcel of property is
zoned and such question cannot be resolved by the application of the above subsections, the
property shall be considered in the same manner as provided for newly annexed territory.
19.20.040 Newly Annexed Territory.
Upon annexation of property, in the absence of a pre-established zoning designafion therefore,
the City Council shall, within the annexation ordinance, establish an interim classification for the
property on the city's official zoning map. The interim zone shall be consistent with the annexation
area's comprehensive plan designation.
If an interim zoning district is established, it shall be in place no longer than twelve (12) months
unless otherwise provide by ordinance. For all property classified in the interim zone, the
Department shall commence all steps necessary to establish an official zoning classification
pursuant to the procedure described in SVMC 17.40.140.
19.20.050 New and Unlisted Uses.
New types of land use and forms of land use not anticipated by this Title may seek to locate in the
City. In order to provide for such changes and contingencies, a determination as to the
appropriate classification of any new or unlisted form of land use shall be made as follows:
1. The Director shall have the discretion to interpret the appropriate zone classification of
any new or unlisted form of land use if the new or unlisted form of land use resembles an
identified permitted or conditional use in terms of intensity or character and is consistent
with the purpose of the Code and one or more of the identified zoning classifications.
2. The director may solicit the opinion of the Planning Commission (Commission) if the use
cannot be administratively interpreted. The referral shall be accompanied by a Statement
of Facts listing the nature of the use and whether it involves inhabitation, sales,
processing, type of product, storage, and amount or nature thereof, enclosed or open
storage, anticipated employment, transportation requirements, traffic generation, the
amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and
the general requirements for public utilities such as water and sanitary sewer.
3. The Commission shall consider the nature and described performance of the proposed
use and its compatibility with the uses permitted in the various districts and determines -
the zoning district or districts where such use should be permitted- Proposed changes in
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the Schedule of Permitted Uses for any new or unlisted uses shall be transmitted to the
City Council (Council) following notice and hearing.
4. The Council shall by ordinance approve, modify, or deny the recommendation of the
Commission.
19.20.060 Non-Conforming Uses.
1. Intent of Provisions
a. Within the districts established by this Code or amendments thereto, there exist
lots, permanent structures, uses of land and structures, and characteristics of
use which were lawful before the adoption of this Code, but which do not now
conform to the regulations of the district in which they are located. It is the intent
of this Code to permit such non-conforming uses to continue, as long as the
conditions within this section and other applicable sections are met.
b. It is further the intent of this Code that non-conforming uses shall not be enlarged
upon, expanded or extended, and not be used as a basis for adding other
structures or uses prohibited elsewhere in the same district.
c. Non-conforming uses are hereby declared to be incompatible with the permitted
uses in the affected districts.
2. Non-conforming Status.
a. Any use, platted lot or structure which'do/es not conform with the regulations of
the zoning district in which it is located shall be deemed a non-conforming use or
permanent structure when it was in existence and lawfully operating prior to the
adoption of this Code and which has since been in regular and continuous use;
or
b. The use, platted lot or permanent structure was in existence and lawfully
constructed, located, and operating at the time of any amendment to this Code,
but by such amendment is placed in a district wherein it is not otherwise
permitted and has since been in regular and continuous use; or
c. The use, platted lot or permanent structure was in existence at the time of
annexation into the City and'has since been in regular and continuous use.
3. Continuing Lawful Use of Property
a. The lawful use of land or lawful existence of permanent structures at the time of
passage of this Code, although such do not conform to the provisions hereof,
may be continued; but if said non-conforming use or structure is discontinued or
abandoned, any future use of the premises shall be in conformity with the
provisions of this Code.
b. Discontinuance of a non-conforming use shall commence on the actual act or
date of discontinuance. Abandonment of a non-conforming structure shall
commence on the act or date of abandonment.
c. Except as otherwise provided, when a non-conforming use or structure does not
meet the development standards of this Code, and is discontinued or abandoned
for a period of twelve (12) consecutive months, such use shall not be resumed,
and proof of such event shall constitute prima fascia evidence of an act of
abandonment. Any non-conforming use which does not involve a permanent
structure and which is moved from the premises shall be considered to have
been abandoned.
d. No non-conforming use may be abandoned, reoccupied with another non-
conforming use or increased as of the effective date of this Code.
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e. Single family or two family dwellings constructed on platted lots which may be
nonconforming due to stricter standards, shall be deemed in conformance with
this Code, as long as the use of the lot is allowed in the respective district. Only
the lot size, lot depth, setbacks and width shall be allowed to be less than the
regulations prescribed in the zoning district in which it is located. All other
regulations of this Code shall be met or the lot shall be considered non-
conforming.
f. Any existing vacant lot platted prior to the adoption of this Code which was
legally conforming shall be deemed a conforming lot.
g. Uses which, prior to the effective date of this Code do not provide the required
number of off-street parking spaces, shall not be considered as nonconforming
permanent structures.
4. Changing Non-Conforming Uses
a. Any non-conforming use may be changed to a conforming use, and once such a
change is made, the use shall not be changed back to a non-conforming use.
b. Where a conforming use is located in a non-conforming structure, the use may
be changed to another conforming use as provided in subsection 5 below.
c. A non-conforming use may not be changed to another non-conforming use.
5. Expansion of a Non-Conforming Use or Permanent Structure.
An expansion of a non-conforming use or permanent structure is allowed in accordance
with the following:
a. A non-conforming use located within a building may be extended throughout the
existing building if.
i. No structural alteration may be made except those required to preserve the
structure,
ii. The number of dwelling units or rooms in a non-conforming residential
structure shall not be increased so as to exceed the number of dwelling
units or rooms existing at the time the use became non-conforming.
b. No non-conforming use within a building may be extended to occupy any land
outside the building.
c. No non-conforming use of land or building shall be enlarged, increased, or
extended
To occupy a greater area of land than was occupied at the time the land
became nonconforming, except to provide off-street loading or parking.
d. The minimum residential lot areas for the various zoning districts shall be in
accordance with their respective districts, except that a lot having less area than
herein required which was an official "Lot of Record" prior to the adoption of this
Code may be used for a single family dwelling.
e. Buildings or permanent structures which do not conform to the area regulations
or development standards in this Code but where the uses are deemed
conforming may increase the gross floor area by up to ten percent with the
approval of the Director.
f. Restoration of Non-Conforming Structure. If a structure occupied by a
nonconforming use is destroyed by fire; or elements, it may be rebuilt within one
year but the size or function of the nonconforming use cannot be expanded, nor
create any additional violation of this Code.
6. Completion of Permanent Structures. Nothing herein shall require any change in the
plans, construction, or designated use of a building or structure for which a building
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permit has been issued or a site plan approved by the City or Spokane County prior to
incorporation of the City before the effective date of this Code, nor shall any building or
structure for which a substantially complete application for a building permit was
accepted by the Building Official on or before the effective date of these regulations,
provided that the building permit shall comply with all applicable regulations on the date
that the application was filed and the building permit is issued within one-hundred and
eighty (180) days of the effective date of these regulations.
Section 19.30 Chances & Amendments.
19.30.010 Comprehensive Plan Text & Map Amendments
Pursuant to RCW 36.70.130 (2)(a) proposed updates to the Comprehensive Plah will be
processed only once a year except for the adoption of original sub-area plans, amendments to
the Shoreline Master program, the amendment of the Capital Facilities Chapter concurrent with
the adoption or amendment of the City budget, in the event of an emergency or to resolve an
appeal of the Comprehensive Plan filed with the Growth Management Hearing Board.
Comprehensive Plan text and map amendments are classified as Type IV development
applications shall be processed pursuant to SVMC Chapter 17.40.
19.30.020 Area-wide Rezones
Area-wide rezones shall be considered only in conjunction with updates to the Comprehensive
Plan text and maps to ensure full consideration of the cumulative effects of all changes.
Area-wide rezones are classified as Type IV development applications and shall be processed
pursuant to SVMC Chapter 17.40.
0 19.30.030 Site Specific Zoning Map Amendments.
Site specific zoning map amendment requests may be submitted at any time. Site specific zoning
map amendments are classified as Type III development applications and shall be processed
pursuant to SVMC 17.40.
19.30.040 Development regulation text amendments.
Requests to amend the text of the City's development regulations may be submitted at any time.
Text amendments are classified as Type IV development applications and shall be processed
pursuant to SVMC 17.40.
19.40 District Purpose & Supplemental Use Regulations Residential Zones
19.40.010 R-1 - Single Family Residential Estate District.
Low density residential development intended to preserve the character of existing development
and to allow for a limited number of horses and other large animals, and subject to the
dimensional standards of Section 22.40
19.40.020 R-2 - Single Family Residential Suburban District.
Low density residential development intended to preserve the character of existing development
subject to the dimensional standards of Section 22.40
Supplemental Permitted Use Regulations
1. R-2 allows any use permitted in R-1 subject to the requirements of 19.40.060 Residential
Accessory Use regulations.
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19.40.030 R-3 - Single Family Residential Urban District
Low density residential development intended to preserve the character of existing development
subject to the dimensional standards of Section 22.40
Supplemental Permitted Use Regulations
1. R-3 - allows any use permitted in R-2 subject to the requirements of 19.40.060,
Residential Accessory Use regulations.
19.40.040 MF-1 - Medium Density Multifamily Residential District
The Medium Density Residential (MF-1) designation represents an opportunity to provide a range
of housing types to accommodate anticipated residential grovrth. The increase in population,
decline in average family size, and increased cost of single-family homes have created increased
demand for new housing types. Multi-family residential zones with densities not to exceed 12
units per acre should be used as transitional zoning between higher intensity land uses such as
commercial and office to lower density single family neighborhoods. Additionally, Medium
Density Residential areas should be located near services and high capacity transit facilities or
transit routes.
Supplemental Permitted Use Regulations
1. MF-1 allows any use permitted in "R-3" subject to the requirements of 19.40.060,
Residential Accessory Use regulations.
19.40.050 MF-2 - High Density Multifamily Residential District
The High Density Residential (MF-2) designation represents an opportunity to provide a range of
housing types to accommodate anticipated residential growth with densities not to exceed 22
units per acre. Multi-family residential zones should be used` as transitional zoning between
higher intensity land uses such as commercial and office to medium and lower density single
family neighborhoods. High Density Residential areas should be located near services and high
capacity transit facilities or transit routes. -
Supplemental Permitted Use Regulations
1. MF-2 allows any use permitted in "MF-1" subject to the requirements of 19.40.060,
Residential Accessory Use regulations.
19.40.060 Residential Accessory Uses & Structures
1. Except for the air conditioning compressors of detached single-family residential, cooling
towers and similar accessory structures are required to observe all front, side or rear
yards.
2. The vertical wall of an in-ground swimming pool shall be located behind front building
setback lines and at least five feet from the property line. All pools must be completely
enclosed by a fence or wall no less than six (6) feet in height with self-latching and self-
closing gates. The latching device shall be located on the pool side a minimum of 4'/ feet
from the ground. Automatic electric gates may be used, provided closing action is
initiated within sixty (60) seconds after pass-through of a vehicle or persons. Temporary
fencing is required during excavation.
19.40.070 Dwellings, Accessory Apartments
An accessory apartment dwelling is permitted in all residential zoning districts subject to the
following:
1. All accessory apartment dwelling units require:
a. One paved off-street parking space shall be required for the dwelling unit, in
addition to the off-street parking required for the main residence.
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b. The accessory apartment dwelling unit shall be a complete, separate
housekeeping unit.
c. The entrance to the accessory apartment dwelling unit shall be located on the
side or in the rear of the structure or in such a manner as to be unobtrusive in
appearance when viewed from the front the street.
d. The accessory apartment dwelling unit shall not have more than 2 bedrooms.
2. Detached accessory apartment dwelling:
a. Shall be located behind the front building setback line and placed on a
permanent foundation.
b. All side and rear yards shall be preserved.
c. Shall not be allowed on lots containing a duplex, multi-family dwelling or
accessory apartment contained within the principal structure.
d. Shall have a pitched roof with a minimum slope of 1:3.
e. The height of the ridge of the pitched roof shall not exceed 24 feet
19.40.080 Other Accessory Structures
1. The combined building footprint of all accessory permanent structures'in residential
zoning districts, including a detached accessory apartment dwelling shall riot exceed 10%
of the lot area.
2. Tower, Private (Ham Operator) provided:
a. A building permit for the p ivate tower is obtained from the City, reviewed and
approved by the Community Development Department- Planning Division;
b. The applicant shall furnish a site plan showing the height and location of the
private tower;
c. The applicant shall furnish a copy of the tower manufacturers construction and
erection specifications;
d. The private tower shall be erected in accordance with the manufacturers
specifications;
e. The applicant shall show the impact area (that area in all directions equal to the
i` towers height above grade) completely on his/her property. Up to one-half (1/2)
of the tower's impact area in distance may be administratively approved if off of
the applicant's property pursuant to the Administrative Exception process
contained in SVMC 19.140; or, the applicant has secured the appropriate
easements for all property within the towers impact area if not entirely within
his/her ownership. Such easements shall be recorded with the Spokane County
Auditor with a statement that only the City of Spokane Valley Community
Development Department can remove the recordation;
f. That generally a residence has to be on the same site as the private tower,
except for a private repeater facility or remote base operations; and
g. That the height limitation of the zone is not exceeded without approval of a
variance or administrative exception as respectively pertains.
3. Tower (does not include Wireless Communications Support Tower) provided:
a. A conditional use permit pursuant to SVMC 19.150 is approved;
b. The tower base shall be enclosed by a fence not less that six (6) feet in height
with a locking gate;
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19.40.090
c. The tower shall have a locking trap door or the climbing apparatus shall stop
twelve (12) feet above the ground;
d. The tower collapse or blade impact area shall lie completely within the applicant's
property or within an adjacent property for which the applicant has secured and
recorded an easement(s) for all property in the tower's impact area.
e. Before issuance of a conditional use permit, the applicant shall have
demonstrated all the applicable requirements of the Federal Communications
Commission, Federal Aviation Administration and any required avigation
easements can be satisfied.
Manufactured Housing
Pursuant to the requirements of RCW 35.21, the city does not discriminate against
consumers' choices in the placement or use of a home that is not equally applicable to all
homes.
2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 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:
a_ be a "new" manufactured home; and
b. 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
c. comply with all local design standards, including the requirement for a pitched
roof with a slope of not less than 4:12, applicable to all other homes within the
neighborhood in which the manufactured home is to be located; and
d. be thermally equivalent to the state energy code; and
e. otherwise meet all other requirements for a designated manufactured home as
defined in RCW 35.63.150.
3. This section does not override any legally recorded covenants or deed restrictions of
record.
A "Neva manufactured home" means any manufactured home required to be titled under
Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
A "designated manufactured home" is a manufactured home constructed after June 15,
1976, in accordance with state and federal requirements for manufactured homes, which:
a. Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty-six feet long; and
b. Was originally constructed with and now has a cornposition or wood shake or
shingle, coated metal, or similar roof of nominal 4:12 pitch; and
c. Has exterior siding similar in appearance to siding materials commonly used on
conventional site-built International Building Code single-family residences.
19.40.100 Manufactured Home Parks
1. Manufactured home parks shall require approval of a binding site plan, which includes a
detailed site development plan in compliance with the development standards of this
code.
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2. The site development plan will be reviewed and approved for compliance with ordinances
and standards by the Spokane County Utilities Department, Spokane County Regional
Health District and other appropriate agencies.
3. Manufactured housing parks shall not exceed seven units per acre with a minimum of
3,600 square feet per space.
4. The maximum building coverage for each manufactured home space shall be 50%,
provided that open patio covers, awnings, and/or carports shall not be considered
buildings when calculating coverage.
5. Each manufactured home space shall be a minimum of 45 feet in width with direct
frontage on a public or private road.
6. The minimum setbacks for manufactured homes at park perimeter are as follows.
a. Twenty-five feet from all public rights-of-way.
b. Side Yard -10 feet from park perimeter at the overall site lot side line.
c. Rear Yard - 10 feet from park perimeter at the overall site lot rear line. Three feet
for any accessory structure such as patio "covers, awnings and/or carport.
7. Minimum setbacks for individual in-park spaces:
a. Front and flanking yards - four feet.
b. Side and rear yard - five feet.
c. Accessory structures such as patio covers, awnings, and/or carport. - three feet.
19.40.110 Home Occupations
Home occupations are permitted as accessory uses, incidental to the property's principal use as
a residence subject to the following requirements:
1. Property shall retain a residential appearance and character;
2. All storage shall be enclosed within the residence or accessory structure.
3. Only members of the family residing on the premises shall be engaged in the home
occupation;
4. One unlighted sign placed flush against the exterior wall of the principal structure not
exceeding four square feet in area is permitted;
5. There shall be no window display nor shall sample commodities with the exception of
flowers and produce grown on the premises be displayed outside the building(s);
6. The hours of operation of a home occupation is limited to seven a.m. to ten p.m.
7. The home occupation use shall not create electronic interference, including but not
limited to; interference with radio, satellite reception, telephone or television reception,
nor generate measurable levels at the property line of noise, dust, smoke, odor or glare.
The home occupation activity shall not generate solid waste in volume or type which is
not normally associated with residential use unless specifically permitted.
8. Loading docks and mechanical loading devices are not permitted.
9. No traffic or parking of vehicles shall be generated by a home occupation in greater
volumes than normally expected in a residential neighborhood and any need for parking
must be accommodated within the required off street parking for the dwelling unit.
19.40.120 Animal raising & Keeping
Where permitted, the keeping of poultry and livestock (excluding swine) is subject to the following
conditions:
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1. The lot or tract must exceed 40,000 square feet in area; and
2. Any building or structure housing poultry or livestock, including but not limited to any
stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not
less than seventy-five feet from any habitation; and
3. No building or structure housing poultry or livestock, including but not limited to, any
stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located
within the front yard nor be closer than ten feet from any side property line;
4. Large animals (livestock):
a. Not more than three horses, mules, donkeys, bovines or llama shall be permitted
per gross acre, or
b. Not more than six sheep or goats shall be permitted per gross acre; or
c. Any equivalent combination of i, and ii. above; and
5. Small animals/fowl: A maximum of one animal or-fowl, including duck, turkey, goose or
similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal , may be
raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or
similar containment structure must be constructed prior to the acquisition of any small
animal1fowl.
6. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean
and sanitary condition.
19.50 Planned Residential Developments
19.50.010 Purpose.
It is the purpose of this Chapter to:
1. Encourage imaginative design and the creation of permanent open space by permitting
greater flexibility in zoning requirements than is generally permitted by other sections of
the UDC;
2. Preserve or create environmental amenities superior to those generally found in
conventional developments;
3. Create or preserve usable open space for the enjoyment of the residents;
4. Preserve to the greatest extent possible, the natural characteristics of the land including,
but not limited to topography, natural vegetation, waterways, and views;
5. Encourage development of a variety of housing types; and
6. Provide for maximum efficiency in the layout of streets, utility networks and other public
improvements and infrastructure.
19.50.020 Where Permitted.
Planned residential developments (PRDs) are permitted in all residential zoning districts in the
City.
19.50.030 Permitted Uses.
The following uses are permitted in a PRD provided that they meet the. standards and criteria
established in this Chapter:
1. Those uses permitted as a matter of right in the underlying zoning district;
2. Residential developments of all types as defined by this chapter; and
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CD 3. As a secondary use, uses permitted in the Neighborhood Commercial zoning district may
be permitted in a PRD of ten (10) acres or larger.
19.50.040 Relationship of This Section to Other UDC Provisions.
1. Zoning requirements. The provisions of this Chapter pertaining to land use of the
underlying zoning district shall govern the use of land in a PRD. The specific setback, lot
size, height limits and other dimensional requirements are waived and the regulations for
PRDs shall be those indicated in Section 19.50.050.
2. Platting requirements. A PRD shall be exempt from the specific design requirements of
SVMC Title 20, except that when any parcel of land in a PRD is intended for individual
ownership, sale or public dedication, the subdivision and procedural requirements of
SVMC Title 20 and applicable state laws pertaining to subdivision and conveyance of
land and the preparation of maps shall be followed.
3. Public hearing required. A PRD shall require a public hearing before the hearing
examiner consistent with the provisions of SVMC\Chapter 17.40.
19.50.050 Development Standards.
The following standards shall govern the administration of this Chapter:
1. Relationship of PRD site to adjacent areas. The design of a PRD shall take into account
the relationship of the site to the surrounding areas.,The perimeter of the PRD shall be so
designed as to minimize undesirable impact of the PRD on adjacent properties and
conversely, to minimize undesirable impact of adjacent land use and development
characteristics on the PRD.
2. Site acreage minimum. The minimum site shall be five acres.
3. Minimum lot size. The minimum lot size provisions of other sections of the UDC do not
apply in a,PRD, except that the minimum lot size requirements of the underlying zone
shall serve as, the criterion to calculate the total number of dwelling units allowed in the
proposed PRD based on the gross acreage of the entire development.
4. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more
than twenty percent (20%) greater than that permitted by the underlying zone, rounded to
the nearest whole number, provided that the open space amenities described in Section
19.50.060 are met.
5. Maximum coverage. Building coverage and development of the site shall not exceed the
percentage permitted by the underlying zone.
6. Landscaping required. All common open space shall be landscaped in accordance with
the landscaping plan submitted by the applicant and approved by the hearing examiner.
Natural landscape features which are to be preserved, such as existing trees, drainage
ways, rock out-crops, etc., may be accepted as part of the landscaping plan.
7. Setback and Side Yard Requirements:
a. Setbacks from the exterior boundary line of the PRD area shall be comparable to
or compatible with those of the existing development of adjacent properties, or, if
adjacent properties are undeveloped, the type of development which may
reasonably be expected on such properties given the existing zoning of such
properties or the Comprehensive Plan and/or adopted sub-area plans. .
b. Setbacks or side yards between buildings. The standard setbacks and yard
requirements between buildings may be waived in a PRD. Buildings may have
common walls and, therefore, built to the property line as in town home
construction.
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8. Off-street parking shall be provided in accordance with SVMC 22.60.
9. Secondary use limitations.
a. Commercial uses are subject to site plan review procedures and shall be
provided for in the application for the development within which the commercial
use is to be integrated.
b. The gross floor area of the commercial use shall not exceed the product of fifty
(50) square feet multiplied by the number of dwelling units within the
development.
c. Construction of at least thirty-five percent (35%) of the residences in the PRD
must be completed before any building permits will be issued for the construction
of commercial uses, except this shall not prohibit a sales office.
d. Commercial uses within a PRD shall be of a size and type to serve primarily the
residents of the development, and shall be internally located to fulfill this function.
19.50.060 Open Space Standards.
Each PRD shall dedicate not less then thirty percent (30%) of the gross land area for common
open space for the use of its residents. Common open space areas shall meet the following
criteria:
1. Location. The area proposed for open space shall be entirely within the PRD and within
reasonable walking distance of all dwelling, units in the PRD. Where practical, the
proposed common open space shall be located adjacent to other established or planned
park and recreational areas in adjacent developments, schools, or city parks; provided
that such dedication would increase the overall benefit to the residents of the PRD and
conform to other criteria in this section.
2. Access. All dwelling units within the PRD must have legal access to the proposed
common open space at the time of final PRD approval. Private or access roads, trees or
other landscaping may separate the common open space area. However, access should
not be blocked by major obstacles such as arterial or collector roadways or significant
natural features such as rivers, streams or topographic features. Areas dedicated for
active recreational open space shall have reasonable access from street frontages.
Design measures should accomplish the purposes of access and security.
3. Types of open space:
a. Land dedicated for open space should be usable for either greenbelts that serve
as a buffer between land uses, using existing vegetation, or an aesthetic amenity
such as boulevard trees; active recreational activities; or for protecting
environmentally sensitive areas such as wetlands.
b. Except as provided in subsection (3)(c) or (d) below, thirty percent (30%) of the
required common open space area shall be suitable for active recreation. The
topography, soils, hydrology, and other physical characteristics of the area
proposed for active recreation shall be of such quality as to provide a dry,
obstacle-free space in a configuration which is suitable for active recreation.
c. The percentage of active recreational areas may be increased to as high as fifty
percent if it is determined that anticipated recreational needs will require a larger
percentage. In increasing this percentage, the following standard should be used:
the ratio of one acre to one hundred twenty-five residential units.
d. The percentage of active recreational area may be decreased to as low as
fifteen percent (15%) if it is determined that:
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i. inclusion of buffers or environmentally sensitive lands such as wetlands
would better meet the open space needs of the residents of the
subdivision; or
ii. meeting the standard would require detrimental grading or other
disturbance of the natural setting.
4. Land required for open space shall not include:
a. accessory buildings, climate controlled improvements, and areas reserved for the
exclusive use and benefit of an individual tenant or owner,
b. dedicated streets, alleys or public rights-of-way, required landscaped areas,
areas required for yard depth or building setback or separation;
c. vehicular driveways, private streets, parking areas, loading or storage areas;
d. floodplain (100 year), flood prone areas, drainage easements, natural drainage
areas or creeks unless maintained as an amenity and specifically approved as
being suitable for open space.
5. Implementation. The area proposed for open space shall be dedicated in common to the
property owners within the plat or to a homeowner's association. Maintenance and
operation of the dedicated open space shall be the responsibility of the property owners
or homeowner's association. \ _
a. The City may choose to accept dedication, maintenance and operation
responsibilities when the common open space area to be dedicated is in the
public interest and either one or, a combination of the following:
i. Greater than ten acres;
ii. Adjacent to an established or future City parts or school grounds; or
a iii. Is an access to a body of water greater than three acres in size; or
iv. Is an environmentally sensitive area.
b. The dedication shall be identified on the PRD plan.
6. Improvements. The following improvements to the area proposed for dedication may be
required prior to final approval of the PRD:
a. Removal of construction debris and hazards;
b. Rough grading and establishment of grass cover over those portions of the site
suitable for playfields.
7. Equivalent facilities. When areas proposed for dedication do not meet the criteria for
dedication in this Chapter, such land may be improved by grading, filling, landscaping, or
with installation of recreation equipment so as to be equivalent in result to the intent of
this Chapter. Determination of equivalency shall be made by the Director according to the
following guidelines:
a. The proposed land and improvements must create recreational opportunities
generally equivalent to or greater than the land required for the residents within
the PRD.
b. The proposed land and improvements must not result in significant disturbance
or alteration of an environmentally sensitive area, unless otherwise allowed by
the City.
c. The proposed land and improvements shall be dedicated in accordance with
Section 19.50.060(6).
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8. Stormwater detention facilities. Stormwater detention ponds may be allowed by the City
as part of dedicated open space subject to the following criteria:
a. The detention pond shall be constructed so as to drain fully when precipitation is J
not occurring (i.e., no standing water may be left) unless the pond is designed as
an aesthetic amenity.
b. The side slope of the detention pond shall not exceed thirty-three percent unless
slopes are existing, natural and covered with vegetation.
c. If detention facilities are located adjacent to or near a natural, year-round stream
or wetland, these systems shall be left in natural or near-natural condition.
d. The detention area shall be landscaped in a manner which is both aesthetic and
able to withstand the inundation expected.
e. Use of a dedicated open space area for stormwater detention shall not be
acceptable if the detention area must be fenced or otherwise rendered unsuitable
or unavailable for recreation use during dry weather.
f. In the case of joint use of open space for detention and recreation, the home
owners or homeowners' association shall be responsible for maintenance of the
detention facilities.
9. Rights and duties. The owners of open space shall have the following rights which may
be exercised in respect of such land, subject to restrictive covenants or other restrictions:
a. The right to locate recreational facilities, such as tennis courts, swimming pools,
picnic tables, and fireplaces accessory to picnic tables designed to be used
exclusively for the use of residents of the development and their guests;
b. The right to locate pedestrian paths, bicycle paths and bridle paths;
c. The right to take whatever measures are reasonably necessary to protect and
maintain such land, or land or property adjacent thereto, or to correct a
hazardous condition posing a threat to life or limb;
d. The right to regulate access to or entry on the open space land and duty to
maintain such land.
19.50.070 Administration.
1. Building permits and other permits required for the construction or development of
property under the provisions of this section shall be issued only when in the opinion of
the Director, the work to be performed meets the requirements of the final plan and
program elements of the PRD.
2. Minor and major adjustments.
a. Minor adjustments may be made and approved by the Director when a building
permit is issued. Minor adjustments are those which may affect the precise
dimensions or siting of buildings, but which do not affect the basic character or
arrangement of buildings approved in neither the final plan, nor the density of the
development or the open space requirements. Such dimensional adjustments
shall not vary more than ten percent (10%) from the original.
b. Major adjustments are those which, in the opinion of the Director, substantially
change the basic design, density, open space or other requirements of 'the PRD.
When, in the opinion of the Director, a change constitutes a major adjustment, no
building or other permit shall be issued without prior review and approval by the
hearing examiner of such adjustment.
3. Parties bound. Once the preliminary development plan is approved, all persons and
parties, their successors, heirs, or assigns, who own, have, or will have by virtue of J
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purchase, inheritance or assignment, any interest in the real property within the proposed
PRD, shall be bound by the conditions attending the approval of the development and the
provisions of this Chapter.
19.50.080 Homeowners/Property Owners Association Required.
In a PRD a property owners or homeowners association shall be established for the purpose of
ownership, maintenance and management of open spaces, common areas and private roads as
required by the provisions of the SVMC.
19.60 District Purpose & Supplemental Use Regulations Commercial, Office &
Mixed Use Zones - RESERVED
19.70 District Purpose & Supplemental Use Regulations- Industrial Zones
RESERVED
19.80 Adult Uses
19.80.010 Purpose.
In the development and adoption of this chapter, the City recognized that there are adult
entertainment uses which, due to their very nature, have serious objectionable operational
characteristics, particularly when located in close proximity to residential neighborhoods and
schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It
has been acknowledged by courts and communities across the nation that state and local
governmental entities have a special concern in regulating the operation of such businesses
under their jurisdiction to ensure the adveI rse'secondary effects of the establishments are
minimized.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of
the City of Spokane Valley through the regulation of the operations and licensing of the adult
entertainment devices, premises and personnel of adult entertainment establishments. The
provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction
on the content : of any constitutionally protected sexually oriented or explicit communicative
materials, or communicative performances. The regulations set forth herein are intended to
prevent"and control health, safety and welfare issues, the decline in neighborhood conditions in
and around adult entertainment establishments, and to prevent dangerous and unlawful conduct
associated with these facilities. This chapter may not be construed as permitting or promoting
obscene conduct or materials.
19.80.020 License required.
Licensing requirements for Adult Uses are contained in SVMC Title 5.10.
19.80.030 Adult Use Development Standards
1. There shall be 5 existing acres of contiguous (includes across streets) zoning
classified Community Commercial or Regional Commercial.
2. The use shall be located or maintained at least 1,000 feet from the nearest
property line. Distance shall be measured from the nearest property line of the
adult retail use establishment or adult entertainment establishment(s) to the
nearest property line of the following pre-existing uses:
a. Public library.
b. Public playground or park.
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c. Public or private school and its grounds of kindergarten to 112"1 grade.
d. Nursery school, mini-day care center or day care center.
e. Church, convent, monastery, synagogue or other place of religious
worship.
f. Another adult use subject to the provisions of this section.
3. An adult retail use establishment or adult entertainment establishment(s) shall not
be located within 1,000 feet of an urban growth area boundary or within 1,000 feet
of any of the following zones:
a. R-1 - Single-family Residential Estate District
b_ R-2 - Single-family Residential Suburban District
c. R-3 - Single-family Residential Urban District
d. MF-1 - Multi-family Medium Density Residential District
e. MF-2 - Multi-family High Density Residential District
f. MUC - Mixed Use Center District
g. CMU - Corridor Mixed Use District
h. CC - City Center District
i. NC - Neighborhood Commercial District
19.100 Essential Public Facilities (EPFs)
19.100.010 Facilities of Regional/Statewide Significance
Spokane Valley is signatory to an inter-local agreement relating to the siting of Essential Public
Facilities of statewide and regional significance in accordance with RCW 36.70A.200.
EPFs having statewide significance are major facilities that provide a needed public
service affecting, or potentially affecting, residents and/or property located in two (2) or
more Washington State counties and may be included on the Washington State Office of
Financial Management list of EPFs. These facilities include, but are not limited to:
regional transportation facilities, such as commercial and military airports, freeways,
highways and beltways; state correctional facilities; secure community transition facilities;
state social services; state parks; and state higher-educational facilities.
2. EPFs having regional/countywide significance are local or interlocal facilities providing a
needed public service affecting, or potentially affecting, residents and/or property located
in two or more Spokane County jurisdictions. They include, but are not limited to: general
aviation airports; county correctional facilities; regional transportation system; public
transit maintenance and operational facilities; regional solid waste
disposal/recycling/composting/handling facilities; community colleges; regional
wastewater treatment facilities; arenas, stadiums and other entertainment facilities; and
regional social and health services such as inpatient hospitals, mental health facilities,
substance abuse treatment centers, and group homes (including adult family homes,
boarding and retirement homes, and nursing homes).
SVMC 19.120 Permitted and Accessory Uses identifies those facilities subject to the
Regional/Statewide Siting Process.
3. Application for EPF siting shall be made through the Spokane County Department of `l
Planning & Building in accordance with the adopted procedures of Spokane County.
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4. Following final site selection by the Board of County Commissioners, the applicant will
work directly with the local jurisdiction and its regulatory requirements to permit the
construction and operation of the facility under the plans and regulations that were in
effect at the time of initial application under the Regional Siting Process. Applicant is not
required to perform further alternative site analysis at the local level. Spokane Valley will,
to the extent possible process a conditional use permit relying on the findings from the
Regional Siting Process
19.100.020 Local Siting Procedures
EPFs having local significance are facilities providing a needed public service affecting or
potentially affecting only residents and/or property within the jurisdiction in which they are located.
Spokane Valley includes such facilities in the Comprehensive Plan as "Community Facilities°,
including but not limited to fire stations, police stations, child care facilities, public libraries,
community parks, recreation facilities, community centers, local social services, and elementary,
middle and high schools.
19.100.030 Historic Preservation - RESERVED
19.110 Special Overlay Zones
19.110.010 Medical Office Overlay Zone - RESERVED
19.110.020 Auto Row Overlay - RESERVED
19 110.030 Airport Hazard Overlay
1. Purpose and Intent - The purpose and intent of the Airport Hazard Overlay Zone is to
reduce the potential for airport hazards, because:
a. Airport hazards endanger the lives and property of users of landing fields and
persons in the vicinity of Felts Field; and
b. Airspace obstructions and incompatible land uses impair the utility of an airport
and diminish the value of the public investment therein; and
c. Preventing the creation or establishment of incompatible land uses and airport
hazards protects the public health, safety, and general welfare, and promotes the
most
appropriate use
of land.
C),
2.
Applicability - The 93
Airport Hazard Overlay
Zone applies to areas
surrounding Felts Field,
as established herein.
Provisions of this
chapter shall apply to
all lands, buildings,
structures, natural J-A
features and uses
located within the
Airport Hazard Overlay
(AO) Zone district as depicted on the maps, except that the provisions of this chapter
shall not apply to any use that is defined as an aviation use. All uses and activities are at
all times subject to the underlying zoning district. Where the requirements and
restrictions imposed by the Airport Hazard Overlay Zone conflict with the requirements of
the underlying zone district, the more restrictive requirement shall be applied.
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3. Air Hazard Height Restrictions - Except as otherwise provided herein, no building or
structure shall be erected, altered, or maintained so as to project or otherwise penetrate 1
the FAR Part 77 airspace surfaces shown on the Airport Hazard Map attached hereto
and made a part hereof for all purposes. Such applicable height limitations are hereby
established for each of the zones as follows:
a. Primary Surface - A surface longitudinally centered on a runway. The primary
surface extends 200 feet beyond each end of the runway and is 1,000 feet wide.
The elevation of any point on the primary surface is the same as the elevation of
the nearest point on the runway centerline.
b. Precision Instrument Runway Approach Zone - Slopes fifty (50) feet outward for
each foot upward beginning at the end of and at the same elevation as the
A
C
v •f .r t , y~ . UWAC MOM KEY
CIVIL AIRPORT
UMACINARY SURFACES
PLAN I
primary surface and extending to a horizontal distance of 10,000 feet along the
extended runway centerline; thence slopes upward forty (40) feet horizontally for
each foot vertically to an additional horizontal distance of 40,000 feet along the
extended runway centerline:
c. Transitional Zones - Slope seven (7) feet outward for each foot upward beginning
at the sides of and at the same elevation as the primary surface and the
approach surface, and extending to a height of 150 feet above the airport
elevation which is 1,952 feet above mean sea level. In addition to the foregoing,
there are established height limits sloping seven (7) feet outward for each foot
upward beginning at the sides of and at the same elevation as the approach
surface, and extending to where they' intersect the conical surface. Where the
precision instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven (7) feet outward for each foot
upward beginning at the sides of and at the same elevation as the approach
surface, and extending a horizontal distance of 5,000 feet measured at 90
degree angles to the extended runway centerline.
d. Horizontal Zone - Established at 150 feet above the airport elevation or at a
height of feet above mean sea level.
e. Conical Zone - Slopes twenty (20) feet outward for each foot upward beginning at
the periphery of the horizontal zone and at 150 feet above the airport elevation
and extending to a height of 350 feet above the airport elevation.
4. Height Exceptions - Structures shall not be constructed, altered, maintained, in the
regulated air space area except as follows:
a. Any structure or object that would be shielded by existing structures of a
permanent and substantial character or by natural terrain or topographic features
of equal or greater height.
b. Any air navigation facility, airport visual approach or landing aid, aircraft arresting
device, or meteorological device, of a type approved by the Federal Aviation
Administration with a fixed location and height.
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c. Structures necessary and incidental to airport operations.
5. Airport Land Use Restrictions - The six airport land use compatibility zones established by
the WSDOT Division of Aviation in guidelines are based on federal aviation accident data
from the National Transportation Safety Board (NTSB) are shown on the Airport Land
Use Compatibility Zone Map attached hereto and made a part hereof for all purposes.
a, Prohibited uses in all Airport Land Use Compatibility Zones:
i. Any use that creates or causes interference with the operations of radio
or electronic facilities at the airport or with radio or electronic
communications between airport and aircraft.
ii. Any use or lighting that impairs a pilot's ability to distinguish between
airport lights and other lights, or that creates glare affecting pilot vision;
or otherwise impairs visibility in the vicinity of the airport. All lighting shall
be "cut-down" and fully shielded. c. Any use that endangers the landing,
taking off, or maneuvering of aircraft; or
iii. Any use which attracts birds in any manner affecting airport operations
such as garbage, recycling and stormwater detention.
iv. Special function land uses for which the significant common element is
the relative inability of the people occupying the space to move out of
harm's way such as K-12 schools, hospitals, nursing homes, and other
similar uses.
v. High intensity land uses which are characterized by a potential to attract
dense concentrations of persons to an indoor or outdoor area, even for a
limited period of time. Such uses include:
1. amusement parks, fairgrounds
2. box retail
3. convention/exhibit halls, major auditoriums, theaters
4. stadiums and arenas
5. temporary events attracting dense concentrations of people -
fairs, circuses, carnivals, revival meetings, sports tournaments,
conventions, but not including events for which exposure to
aviation safety hazard is a well-know expectation (air shows,
airport open houses, pilot meetings, etc.)
b. Land uses in Airport Land Use Compatibility Zones are further regulated as
follows:
Airport Land Use Com atibili Zones
Prohibited Uses
1
2
3
4
5
G
Single-family Residential
•
•
O
0
•
Maximum Density
n/a
n/a
1 du/ 5
acres
1 du/
2.5
acre
n/a
1 du/ 2.5
acre
Manufactured Housing
Parks
•
o
•
•
•
•
Multi-family Residential
•
•
•
•
•
•
Schools
•
o
o
•
•
•
Parks & Playgrounds
o
o
s
•
o
•
Hospitals
•
•
•
•
•
•
Nursing Homes
•
o
•
•
•
o
Daycare
•
o
•
•
•
•
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Airport Land Use Compatibility Zones
riumbited uses
1
2
3
4
5
6
Churches
•
•
•
•
•
•
Hazardous Material Storage
•
•
•
•
•
Flammable Materials
Storage
•
•
•
•
•
Incinerators
•
•
•
•
•
•
Overhead utilities
•
•
•
•
•
•
High Intensi Uses
•
•
•
•
•
• Prohibited Uses
" O Density limited
c. Avigation easements/title notice/covenant shall be required as a condition of the
issuance of any permit for construction, reconstruction or expansion of any
structure located within any Airport Land Use Compatibility Zone.
Source. Cffarnis Airport Land Use Mnrdng Handbook Crdifarim Oeparbrienl or Tr>nsportat on Misfon of
Aeronaiks, miximmmded by vdozington QeparUnent ar Transporiatlwk Aviatoan C)Msim,
d. Substantial noise impacts (over 65 Ldn) at Felts Field are confined to airport
property. In the event of changed conditions authenticated by the Spokane
Airport Board, the following uses will be prohibited within areas where noise
levels exceed 65 Ldn.
i. School ii. Church
iii. Hospital iv. Manufactured home Park
v. Child day-care center vi. Nursing Home
vii. Parks & Playgrounds
e. Nothing in this chapter shall diminish the responsibility of project proponents to
submit a Notice of Construction or Alteration to the Federal Aviation
Administration if required in accordance with Federal Aviation Regulations Part
77, "Objects Affecting Navigable Airspace°.
6. Non-Conforming Uses
a. Regulations Not Retroactive - 'The regulations prescribed herein shall not be
construed to require the change of use, nor the removal or alteration of any ~J
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structure or tree not conforming to the regulations as of the effective date of this
ordinance, provided however that the owner of any existing non-conforming
structure or tree is required to permit the installation, operation, and maintenance
of such markers and lights as shall be deemed necessary by the Director of
Airport Operations.
b. Nonconforming Uses Abandoned or Destroyed - Whenever the Director of
Community Development determines that a legal non-conforming tree or
structure has been abandoned , destroyed or damaged by more than more than
80% percent, no permit shall be issued granted that would allow such use,
structure or tree to exceed the applicable height limit or otherwise deviate from
the zoning regulations.
7. Permits & Variances
a. No building permit shall be issued for any prohibited use, or for any structure or
obstruction which exceeds the air hazard height restrictions adopted herein.
b. An application for a permit for the construction of a building, structure, use,
subdivision, short subdivision, binding site plan or other development located
within the Airport Hazard Overlay Zone shall submit a site plan which includes
the elevation of the site above mean sea level, and the height of any proposed
structure.
c. Additional notice: any building permit or land use action including plats, short
plats, subdivisions and binding site plans within the airport hazard overlay zone
shall contain the following notice:
"Notice is herein provided that this property is located within the
Airport Hazard Overlay Zone of the City of Spokane Valley,
Washington, and is subject to restriction on height and use
pursuant to SVMC 19.420.030 Airport Hazard Overlay Zone as it
may be amended from time to time."
d. Variances - Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use of property, not in accordance with the
regulations prescribed herein may apply to the Spokane Valley Community
Development Department for a variance, provided however that the application
shall be accompanied by a determination from the Federal Aviation
Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. A copy of the
application shall be furnished to the Director of Airport Operations for review and
comment. Final determination on the variance shall be made by the Hearing
Examiner following notice and hearing.
19.110.040 Pipeline Hazard Overlay
1. The regulation of development, including construction, excavation or fill, or installation of
roads and utilities is intended to ensure the safety health, safety and welfare of citizens
and the protection of private property.
2. Pipeline hazard areas shall extend five hundred feet (500') from the centerline of any
existing or future pipeline, whether or not such pipeline is located within a recorded
easement or is included in a "blanket" or "open" easement.
3. The construction, excavation, fill or installation of underground utilities or drainage
facilities within the area of pipeline hazard shall require consultation with the pipeline
operator prior to the issuance of, any permit. If applicable, the pipeline operator shall
identify the location and depth of cover required to protect the pipeline.
a
Page 21 of 27
P:1Communiity DevelopmentlDevelopment Regulationsl3 Public Hearing DrafrslNew PolderlPublic Hearing Draft Title 19 -
Updated 2-05-07.doc
Public Hearing Draft Title 19- Zoning
4. No permanent or temporary accessory structures, retaining walls, patios, swimming pools,
on-site waste disposal systems shall be permitted within twenty-five feet (25) of any
pipeline.
5. No permanent or temporary structures designed for human habitation or occupancy shall
be located within fifty feet (50') of any pipeline.
6. Utility poles, guy wires or anchors shall not be placed within ten feet (10') of the pipeline.
7. For new construction, the City may require the lowering or relocation of the pipeline as a
condition of the issuance of any permit.
19.120. Permitted and Accessory Uses -
See Appendix 19 A for the Schedule of Permitted Uses
19.130 Site Plan Review
19.130.010 Site Plan Review.
Site plan review is intended to ensure efficient and safe land development, compatible use of
land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian
circulation, parking and loading, and adequate water supply, drainage, and other utilities.
19.130.020 Applicability.
No building permit shall be issued for the following unless a site plan is first approved by the
department:
1- Any commercial development;
2. Any industrial development;
3. Any multi-family development that includes 3 or more units.
19.130.030 Criteria.
Prior to approving any building permit, the department must find that the proposal:
1. Conforms with all applicable provisions of the SVMC and all other applicable law;
2. Conforms in all aspects to the provisions of any special conditions required by the
department, hearing examiner or City Council; and
3. Is consistent with applicable sections of the City's comprehensive plan.
19.130.040 Site Plan Requirements.
The site plan must be drawn to an acceptable scale as required by the department and shall
include all necessary information as specified by the department.
19.130.050 Process.
Site plan approval is classified as a Type I development application and shall be processed in
accordance with SVMC Chapter 17.40.
i'
Page 22 of 27
PACommunity Development0evelopment Regulationsl3 Public Hearing DraftslNew FolderlPublic Hearing Draft Tdle 19 -
Updated 2-05-07.doc
Public Hearing Draft Title 19- Zoning
19.140 Administrative Exceptions
19.140.010 Purpose.
An Administrative Exception may be considered only for adjustments necessary to correct errors
resulting from the inadvertent and unintentional placement of structures or incorrect identification
of lot boundaries in the following circumstances:
1. Any dimensional requirement which does not exceed one (1) foot
2. Under the following conditions:
a. A parcel established prior to March 31, 2003 that does not meet the buildable
square footage requirements for a parcel in a particular zoning district; or
b. A legally non-conforming dwelling with respect to setbacks, height and size which
otherwise could not be expanded or reconstructed; or
c. A duplex constructed prior to March 31, 2003 that does not meet the minimum
parcel size, which could not otherwise be reconstructed.
3. Yard setback requirements where the deviation is for ten percent (10%) or less of the
required yard.
4. Building height requirements where the deviation is for twenty-rive-percent (25%) 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.
5. Minimum lot area requirements where the deviation is for twenty-five percent (25%) or
less of the required lot area.
6. Maximum building coverage requirements where the deviation is for twenty-five percent
(25%) or less of the maximum building coverage.
7. Lot width under the following circumstances:
a. Lot width. requirements where the deviation is for ten percent (10%) or less than
the required lot frontage.
b. Lot width requirements where the deviation is greater than ten percent (10%)
provided that the Qepartment may require notice to affected agencies resulting in
conditions of approval.
8. Up to one-half (112) of a private tower's "impact area" off of the applicants property.
9. Flanking Street Yard setbacks, provided that:
a. At the time the subject parcel was legally created the property was zoned under
a zoning classification of the pre-January 1, 1991 Spokane County Zoning
Ordinance, and subsequently on January 1, 1991 a new zoning classification
from the Zoning Code of Spokane County, Washington was assigned to the
subject property; and
b. Exceed the required Flanking Street setback standards of the pre-January 1,
1991 Zoning classification of the subject property.
10. Any improved property rendered non-conforming through voluntary dedication of right-of-
way, the exercise of eminent domain proceedings or purchase of right-of-way by the City,
the County or State or Federal agency.
Page 23 of 27
PACommunity Development0evelopment Regulationsl3 Public Hearing DraftslNev+ Folder Public Hearing Draft Titte 19 -
Updated 2-0"7.doc
Public Hearing Draft Title 19- Zoning
19.140.020 Approval Criteria.
Criteria for approval or denial of applications shall be established by the Director if it is shown
that:
1. The administrative exception does not detract from the character and nature of the
vicinity in which it is proposed;
2. The administrative exception enhances or protects the character of the neighborhood or
vicinity by protecting natural features, historic sites, open space, or other resources;
3. The administrative exception does not interfere with or negatively impact the operations
of existing land uses and all legally permitted uses within the zoning district it occupies;
4. Granting the administrative exception does not constitute a threat to the public health,
safety and welfare within the city.
19.140.030 Process.
An administrative exception is classified as a Type I permit and shall be processed pursuant to
SVMC 17.40.
19.150 Conditional Use Permits
19.150.010 Purpose and Intent..
The conditional use permit (CUP) procedure is to establish criteria for determining the conditions
under which a use(s) is permitted within a zoning district. Certain uses because of their size,
infrequent occurrence, special requirements, possible safety hazards or detrimental effects on
surrounding properties and other similar reasons are classified as conditional uses. A conditional
use is subject to specific review during which additional conditions may be imposed to assure
compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where
it cannot be clearly demonstrated that the requested use will be compatible with other permitted
uses in the vicinity of the proposed conditional use.
19.150.020 Permit Classification.
CUPS are classified as Type III permit applications and shall be processed pursuant to SVMC
Chapter 17.40.
19.150.030 Conditions and Requirements.
The following conditions and requirements shall pertain to requested CUPs:
1. In approving a CUP, the hearing examiner may stipulate restrictions and conditions
including but not limited to the following:
a. Control of use;
b. Provision for front, side, or rear yard setbacks greater than the minimum
standards of the zoning district within which the subject property is located;
c. Special landscaping, screening, fencing, signing, off-street parking, public transit,
and/or high occupancy vehicle facilities or 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 considerations;
g. Control of operating hours;
3
Page 24 of 27
P:lCornrnunity DevelopmentlDevelopment Regulationsl3 Public Hearing Drags New Folder4Public Hearing Draft Title 19 -
Updated 2-05-07.doc
Public Hearing Draft Title 19- Zoning
h. Duration or time limitations for certain activities; and/or
i. Any other reasonable restrictions, conditions, or safeguards that will uphold the
spirit and intent of the SVMC and the comprehensive plan and mitigate any
adverse impact upon the adjacent properties by reason of use, extension,
construction, or alteration allowed.
2. A CUP may be suspended or revoked if, after a public hearing with notice as provided in
SVMC Chapter 17.40, the hearing examiner finds that a grantee or their successors in
interest fail to comply with the conditions or restrictions included in the CUP.
19.160 Temporary Use Permits
19.160.010 Purpose and Intent.
It is the intent of this chapter to regulate certain temporary uses of property which are not
otherwise regulated by other city ordinances or regulations.
19.160.020 Permit Classification.
Temporary use permits (TUPs) are classified as a Type I permit and shall be processed pursuant
to the provisions of SVMC Chapter 17.40.
19.160.030 Temporary Use - Types.
The Department may issue a TUP for the following types of temporary uses as permitted under
this chapter:
1. Interim uses. The Department may issue 'a temporary and revocable permit to allow an
owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise
permitted use on their property at the same time they are improving the property to the
required city standards pursuant to the following conditions.
a. The TUP may be issued for a period up to six (6) months and may be extended
for an additional three (3) months. if the applicant has acted in good faith towards
compliance of the original permit.
b. The Department may_ issue, the, permit only if the proposed use is consistent with
the following findings of fact:
i. The request is reasonable and there is no other practical alternative;
ii. Adverse impacts associated with the temporary use are appropriately
mitigated and such temporary use will not cause a hazard to the occupants
or to neighboring properties;
iii. A hardship is involved that cannot otherwise be reasonably resolved; and
iv. A performance bond in the amount of any required improvements shall be
posted guaranteeing the completion of the project.
2. Seasonal uses. The Department may issue a temporary and revocable permit to allow
sales of seasonal goods in any nonresidential zone for a period not to exceed six (6)
months in any twelve (12) month period. The use need not meet the standards normally
associated with a permanent use provided the Department finds that the temporary use is
consistent with the following:
a. The use must be consistent with the permitted uses in the zone;
b. The use must be an appropriate use of the property pending the permanent long
term use;
c. The use will not result in significant traffic, parking, drainage, fire protection, or
~J other adverse impacts that cannot be appropriately mitigated; and
Page 25 of 27
P:NCommunity DevelopmentTevelopment Regulationsl3 Public Hearing DraftsV4m FoldeAPublic Hearing Draft Title 19 -
Updated 2-05-07.doc
Public Hearing Draft Title 19- Zoning
d. The use must provide a sanitary facility if the Department determines it is
necessary to do so.
~i
e. Failure to comply the conditions of the permit shall result in suspension or
revocation of the TUP.
3. Temporary uses associated with construction permits. The Department may issue a
temporary and revocable permit for activities associated with construction projects,
including but not limited to equipment storage yards, job shacks, materials storage yards,
or living quarters, which are not otherwise permitted outright by city ordinances or
regulations. The Department may issue a TUP if it is found that the proposal is
consistent with the following findings of fact:
a. The use would not pose a hazard or be a detriment, physical or otherwise to the
surrounding area;
b. The use will not result in significant traffic, parking, drainage, fire protection or
other adverse impacts;
c. The temporary use shall be reviewed every six months to determine if the
temporary use is still valid, if not the department shall terminated the TUP;
d. The temporary use shall be vacated upon completion of the associated
construction project or as determined by subsection (3)(c) above.
19.160.040 Conditions.
The Department may include any conditions deemed necessary in order to reasonably mitigate
any adverse impacts anticipated from a requested TUP.
19.170 Variances
19.170.010 Purpose.
A variance is a mechanism by which the city may grant relief from the provisions of the Uniform
Development Code where practical difficulty renders compliance with the provisions of the UDC
an unnecessary hardship, where the hardship is a result of the physical characteristics of the
subject property and ~vhe're the purpose of the UDC and' of the comprehensive plan can be
fulfilled upon granting of the variance.
19.170.020 Permit Classification.
Variances are classified as a Type III permit and shall be processed pursuant to the provisions of
SVMC 17.40.
19.170.030 Decision Criteria.
The hearing examiner may approve or approve with modifications an application for a variance
from the provisions of the zoning code if:
1. The variance for the subject property will not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and the zone
in which the property is located; and
2. The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights
and privileges permitted to other properties in the vicinity and in the land use zone in
which the subject property is located; and
Page 26 of 27
PACDmmunity DevelopmenMevelopment Rogulationsl3 Public Hearing DraftslNew FolderlPublic Hearing Draft Title 99 -
Updated 2-05-07.doc
Public Hearing Draft Title 19- Zoning
G 3. The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is located; and
4. The special circumstances of the subject property make the strict enforcement of the
provisions of this code an unnecessary hardship to the property owner; and
5. The special circumstances of the subject property are not the result of the actions of the
applicant or a predecessor in interest; and
6. The variance is the minimum necessary to fulfill the purpose of a variance and the need
of the applicant; and
7. The variance is consistent with the purpose and intent of the zoning code; and
8. The variance is in accord with the comprehensive plan.
19.170.040 Limitation on Authority.
The hearing examiner may not grant a variance to:
1. The provisions of regulations establishing the allowable uses in each land use zone; or
2. Any procedural or administrative provisions of the Spokane Valley Municipal Code; or
3. Any provision of the zoning code which, by the terms of that code, is not subject to a
variance.
19.170.050 Time Limitation.
A variance automatically expires and is void if the applicant fails to obtain a building permit or
other necessary development permit and substantially completes improvements allowed by the
variance within 18 months of the effective date of the variance.
19.170.060 Time Extension.
Upon application of the property owner the hearing examiner may extend a variance, not to
exceed one year, if:
1. Unforeseen circumstances or conditions necessitate the extension of the variance; and
2. Termination of the variance would result in unreasonable hardship to the applicant, and
the applicant is not responsible for the delay; and
3. The extension of the variance will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property.
'1
Page 27 of 27
PACommunity Development0evelopment RegulationW Public Hearing DraftsWew FolderlPublic Hearing Draft Title 19 -
Updated 2-05-07.doc
Appendix 19-A Schedule of Permitted Uses
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711
Adult Entertainment Establishment
45
453
Adult Retail Use Establishment
11
115
Agricultural processing plant, warehouse
°
•
33
336411
Aircraft manufacturing
•
48
481
Airstrip, private
•
°
62
62191
Ambulance service
•
•
•
•
•
°
•
•
54
54194
Animal cliniciveterinary
•
°
°
•
31
311
Animal Processing Facility
•
v
11
112
Animal raising and/or keeping
81
81291
Animal Shelter
45
45392
Antique stop:
•
•
•
•
•
•
44
448
Apparelitailor shop
•
•
•
•
•
°
•
•
44
443111
Appliance salesJservice
•
•
•
•
°
33,
33522
Appliances manufacturing
•
•
45
443111
Art gallery/studio
•
•
•
A
•
•
•
•
32
32412
Asphalt plant/manufactudng
•
33
333
Assembly - heavy
•
33
333
Assembly - light
•
•
•
•
•
o
•
•
62
623312
Assisted Living Facility
•
•
•
°
44
441
Auction yard (excluding livestock)
•
•
11
1152
Auction yard, Livestock
•
x
33
3361
Automobile assembly plant
•
92
922
Automobile Impound yard
•
•
48
4853
Automobile/loxi rental
•
•
•
•
•
•
•
•
44
441
Automobile/light truck sales and service
•
•
81
811121
Automobile/truck/RV/motorcycle painting, repair,
body and fender works
•
•
•
31
31181
Bakery Products manufacturing
•
•
44
445291
Bakery, retail
•
•
•
A
A
•
•
•
52
52211
Bank, savingslloan and other financial Institutions
•
•
•
•
•
•
•
•
B1
8121
Barberlbeauty shop
•
•
•
A
o
•
•
•
•
33
33591
Battery rebuilding/manufacturing
•
°
•
•
•
•
•
72
721191
Bed and Breakfast
•
•
•
11
11291
Beekeeping, commercial
•
A'
A'
11
11291
Bee-keeping, hobby
45
4511
Bicycle sales/service
•
•
•
•
•
°
•
•
•
33
336611
Boat building, repair and maintenance
•
•
44
44122
Boat Sales and Service
•
°
45
4512
Book/stationery store
•
•
•
A
•
o
•
31
311
Bottling plant
•
•
71
71395
Bowling alley
•
•
•
•
°
72
722
Brewery, micro
o
•
•
•
•
•
•
31
31212
Brewery, winery andlor distillery
•
•
•
•
33
339994
Broom manufacturing
•
•
44
4441
Building supply-& Home Improvement
•
•
•
44
44521
Butcher shop/meat market
•
•
•
•
•
•
r
44
445292
Candy and confectionery
•
•
•
•
•
°
•
°
ti
71
71399
Carnival, Circus
T
T
T
•
•
T
T
T
32
3219
Carpenter Shop,
•
°
°
o
56
561740
Carpet and rug cleaning plants
°
•
A Accessory Only
• Permitted Use
0 Regional Siting T Temporary A" Standards Apply
Conditions Apply 1 C Conditional Use Permit
Appendix 19-A Schedule of Permitted Uses
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561740
Carpet Cleaning Services
•
•
81
811142
Canvash
•
•
•
•
•
•
71
7132
Casino
•
•
•
•
•
•
45
454113
Catalog and mail order houses
•
•
•
•
•
•
72
72232
Catering Services
•
•
•
•
•
•
•
•
•
•
81
8122
Ce mote ry, Crematories and Funeral Homes
•
45
451112
Ceramics Shop
•
•
•
•
•
•
•
32
325
Chemical manufacturing,
•
•
•
•
•
•
81
813
Church,temple, mosque, synagogue and
parsonage
•
•
•
•
•
•
•
•
•
44
4481
Clothes, retail sales
•
•
•
•
•
49
49312
Cold storage/food locker
•
•
61
6113
College or university
•
•
•
•
•
•
•
•
51
517
Communication servicelsales
•
•
•
•
•
•
•
•
33
3342
Communications Equipment Manufacturing
•
•
•
•
•
•
•
•
•
92
921-922
Community Facilities
•
•
•
•
•
•
•
•
•
•
•
•
•
•
81
8134
Community hall, club or lodge
•
•
•
•
•
•
o
•
A'
A'
A'
A"
A'
81
8134
Community recreational facility
•
•
•
•
•
•
•
•
•
•
62
6232
Community residential facility L or less residents)
•
•
•
•
62
6232
Community residential facility, greater than 6
residents, no more than 25)
•
56
56173
Composting storage/processing commercial
54
54151
Computer services
•
•
•
•
•
•
•
•
1}
23
238
Contractor's-yard
•
T~
•
•
•
62
623
Convalescent home, Nursing home
•
•
44
44512
Convenience Store
•
•
•
•
•
•
•
•
33
339
Cosmetic manufacturing
•
•
•
•
•
•
•
62
6233
Day care, Adult
•
•
•
A
•
•
•
A
A
A
C
C
C
•
•
62
624410
Day care, Child (13 children or more)
•
•
A
A
•
A
A
A
•
•
•
•
•
62
624410
Day pre, Child(12 children or fewer)
•
•
•
A
A
•
•
•
A
A
A
45
4521
Dopartmentlvariety store
•
•
•
•
•
44
44611
Drug Store
•
•
•
•
•
•
•
A
•
81
8123
Dry cleaners
•
•
•
A
•
•
•
•
81
8123
Dry cleaning, laundry, linen supply plant,
commercial
•
•
•
32
3219
Dry Kiln
•
A'
A=
81
814
Dwelling, accessory apartments
81
814
Dwelling, Caretaker's residence
A'
A'
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•
•
72
7213
Dwelling, Congregate
•
•
•
•
•
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T
T
T
T
81
814
Dwelling, Dependent Relative manufactured
(mobile) home
•
•
•
•
81
814
Dwelling, Duplex
•
•
•
81
814
Dwelling, Multifamily
•
•
•
•
•
•
•
0
81
814
Dwelling, single family
•
•
•
81
814
Dwelling, Townhouse
•
•
•
•
33
334-335
ElectricalVelectroniclcomputer component &
system man ufacturinglassembly
•
•
•
•
•
•
•
32
322226
Emery cloth and sandpaper manufacturing
71
713
Entertainmentlrecreatiion facilities, indoor
•
•
•
4
71
71391
Entertainment/recreation facilittes,outdoor
•
•
•
•
0
•
53
5323
Equipment Rental shop
•
•
•
•
•
• Permitted Use A Accessory Only
0 Regional Siting T Temporary A' Standards Apply
Conditions Apply 2 C Conditional Use Permit
Appendix 19-A Schedule of Permitted Uses
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Equipment sales, repair, and maintenance
•
•
•
•
•
72
7222213
Espresso/Latte Stand
•
•
•
•
•
•
•
•
•
®
O
0
E
Q
92
92
Essential Public Facilities
®
®
®
®
®
0
71
71394
Exercise facility/gym athletic club
•
•
•
A
•
•
•
A
A
32
32592
Explosive manufacturing
•
49
493190
Explosive storage
•
•
•
•
•
•
•
81
614
Family Home, Adult
•
•
•
•
•
•
•
•
•
•
81
614
Family Home, Child
•
•
•
•
44
444
Farm machinery sales & repair
•
11
112
Feed lot
•
31
311211 I
Feed/CereaVFtour mill
32
3253
Fertilizer manufacturing
•
81
81292
Film developing
•
•
•
A
•
A
•
•
44
44313
Film/camera sales/service
•
•
•
A
A
•
•
•
11
1125
Fish hatchery
°
•
45
4531
Florist Shop
•
•
•
A
A
•
•
°
•
31
311
Food product manufacturing/storage
•
48
484
Freight forwarding
•
•
44
447
Fueling Station
•
•
•
•
•
•
•
81
81221
Funeral home
•
•
•
33,
337
Fumhure manufacturing
•
•
44
442
Furniture sales/repair
•
•
•
•
31
315-316
Garment manufacturing
•
•
45
453
Gift shop
•
•
•
A
A
•
•
•
A
A
•
•
•
•
•
71
71391
Golf course
•
•
•
•
C
C
C
C
C
71
71391
Golf driving rangeltraining center
•
C
•
•
•
49
, 49313
Grain elevator
•
•
11
1114
Greenhouse/nursery - commercial
A
A
A
•
•
44
4451
Grocery store
•
•
•
•
•
44
444130
Hardware store
•
•
•
•
•
56
562211
Hazardous waste treatment and storage
A'
A'
48
4812
Heliport
•
•
48
4812
Helistop
C
C
C
C
C
•
45
451 U
Hobby shop
•
•
•
A
•
•
•
62
, 6221
Hospital
•
•
•
•
•
•
®
D
0
0
0
62
622210
Hospital, Psychiatric and Substance Abuse
®
®
(D
®
a
G)
G
62
622310
Hospital, Specialty
•
•
•
•
•
•
•
72
7211
Hotel/motel
•
•
•
•
P
•
•
•
31
312113
Ice plant
•
•
32
32591
Ink manufacturing
•
45
45322
Jewelry, clock, musical instrument assembly,
sales/service
•
•
•
A
•
•
•
•
•
81
81291
Kennel
54
541538 '
Laboratories (Bio Safety Level 2)
•
•
•
54
54138
Laboratories (Bio Safety Level 3)
•
•
•
54
54138
Laboratories (Bio Safety Level 4)
•
•
.
62
62151
Laboratories, medical 8 diagnostic
•
•
•
•
•
•
44
4419
Landscape Materials Sales:
•
•
A
A
A
81
612310
Laundromat
•
•
•
A
•
•
•
•
44
4453
Liquor store
•
•
•
A
A
•
•
F1
56
561622
locksmith
•
•
•
A
A
•
•
•
• Permitted Use A Accessory Only
Q Regional Siting T Temporary A" Standards Apply
Conditions Apply 3 C Conditional Use Permit
Appendix 19-A Schedule of Permitted Uses
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RAFT- 02-01-07
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L
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32
3211
Lumbermill, sawmill, shingle mill, plywood mill
•
33
3327
Machine shop
•
•
•
33
333
Machine/machinery manufacturing
•
•
32
321591
Manufactured home fabrication
•
•
81
814
Manufactured home park
45
45393
Manufactured-home sales
•
•
•
32
327
Manufacturing, Non-metallic Metal Products
•
•
53
531190
Market, Outdoor
T
T
T
T
T
T
62
621496
Massage therapy
•
•
•
A
•
•
•
•
A
31
31161
Meat Packing
•
31
3116-3117
Meat/fish canning, cutting, curing and smoking
•
•
33
3391
Medical and laboratory instrument/appratus
manufacture
•
0
0
62
6211
Medical Office
•
•
•
•
•
•
•
•
•
42
42345
Medical, dental, and hospital equipment
supplyisales
0
0
0
A
0
62
6214
Medicalldental
•
•
•
•
•
•
33
332
Metal fabrication
•
•
33
332813
Metal Plating
•
32
321
Metal Processes, Hot
•
32
327
Mineral Product Manufacturing, non-metallic
•
•
21
212
Mining
72
722330
Mobile Food Vendors
-e
v
•
•
•
•
T
T
T
T
T
23
236115
Model Home units
44
4413
Motor vehicle parts sales/service
•
•
•
•
•
•
71
71211
Museum
•
•
•
•
•
•
•
•
45
451114
Music store
•
•
•
A
•
•
•
99
999
Off-road Recreational Vehicle Use
•
•
A
A
56
5611
Office
•
•
•
•
•
•
•
•
A
•
•
45
45321
Office supply and computer sales
•
•
•
A
•
•
•
•
11
1113
Orchard, tree forming,cammercial
•
•
32
3222
Paper product manufacturing
•
•
32
32211
Paper/pulp mills
•
48
4859
Park-and-ride facility
•
e
•
•
•
•
•
•
•
45
4533
Pawnshop
•
•
•
•
81
812
Personal service
•
s
•
•
•
•
•
•
45
45391
Petshop
•
•
•
A
•
•
•
32
32411
Petroleum and coal products manufacture
•
54
541922
Photographic studio
•
•
•
A
A
•
•
•
32
32511
Plastic and rubber product manufacturing
•
32
326199
Plastic Injection moldingr thermoplastic
•
•
•
•
•
•
32
, 326199
Plastic injection molding, thermoset
•
32
326199
Plastic Injection Solvent Molding
•
49
491
Post office, Postal Center
•
•
•
•
•
•
•
•
•
•
•
22
221
Power plant (excluding public utility facilities)
•
56
56143
Print shop
•
•
•
A
•
•
•
•
•
32
323
Printing, reprographics, bookbinding services,
commercial
0
0
148
48849
Public pay parking garage/lot
•
•
•
•
•
•
•
71
71399
Racecourse
•
•
•
•
• Permitted Use A Accessory Only
® Regional Siting T Temporary A" Standards Apply
Conditions Apply 4 C Conditional Use Permit
Appendix 19-A Schedule of Permitted Uses
N
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Public Hearing
RAFT- 02-01-07
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711212
Racetrack
51
5151
RadiolTV broadcasting studio
•
•
•
•
•
•
48
4821
Railroad yard, repair shop and roundhouse
•
72
7212
Recreational vehicle park/campground
C
44
44121
Recreational vehicle sales 8 service
•
•
•
•
•
•
•
51
51511
Repeater facility
•
•
°
•
•
•
72
722
Restaurant
•
•
•
A
•
°
°
•
•
•
72
7222
Restaurant, drive-in
•
•
•
C
•
•
°
•
A
A
72
722213
Restaurant, drive-through
•
•
•
A
C
•
•
A
A
45
452-453
Retail sales
•
•
•
A
•
•
71
71399
Riding stable
°
•
33
33122
Rolling mill
•
31
314991
Rope manufacturing
°
•
32
325212
Rubber reclamation, manufacturing1fabrication
•
•
•
•
•
•
61
6111
Schools . public and private - K thru 12
•
•
•
•
•
•
•
•
61
6114
Schools, Professional, vocational 8 trade schools
•
•
•
•
•
•
•
•
•
45
4533
Secondhand store, consignment sales
•
•
•
•
•
33
33995
Sign manufacturing/re pair
°
•
33
33995
Sign painting shop
•
•
•
°
°
32
32561
Soap and cleaning compound manufacturing
•
56
61
56292
61162
Solid waste recyclinghmnsfer site
Specialized training/learning schools or studios
•
•
•
•
•
•
•
•
•
49
4931
Storage self-service facility
•
•
°
°
°
45
454
Storage, general - Indoors
•
•
•
A
A
A
A
•
•
45
454
Storage, general - outdoors
•
31
3152
Tailor
•
•
•
A
°
•
•
•
21
213112
Tank storage above ground LPG
A'
A'
A'
A'
A'
A'
A'
A'
A'
21
213112
Tank storage, critical material above ground
A'
21
213112
Tank storage, critical material below ground
A
A
A'
31
3161
Tanning, curing of hides and satins
•
72
7224
Tavern
•
•
•
•
°
•
45
454
Taxidermy
°
•
A'
A'
A'
A-
A'
51
5172
Telecommunication Wireless Antenna Array
A'
A'
A'
C
A'
A'
A'
C
A'
A'
C
C
C
C
C
51
5172
Telecommunication Wireless Support Tower
C
C
31
31411
Textile manufacture
°
•
71
711
Theater, Indoor
•
•
•
•
•
°
•
71
711
Theater, outdoor
•
°
•
56
56292
Tire, recap and retread manufacturing
•
A'
A'
A'
A'
A'
51
5179
Tower,-Ham Operator
A'
A'
A'
C
A'
A'
C
A"
A'
22
221111
Tower, wind turbine support
C
C
.
C
72
7213
Transitional Housing
48
4851
Transit center
•
•
•
•
•
•
•
•
•
44
441
Truck-sales, rental, repair and maintenance
•
°
44
445-447
Truck Stop
°
•
•
81
81142
Upholstery shop
•
°
•
•
•
49
49311
Warehousing
•
•
°
•
•
32
321
Wood Product Manufacturing
•
•
56
Wrecking, recycling, junk and salvage yards
r
71
E712Q~
Zoological Park
• Permitted Use A Accessory Only
G Regional Siting T Temporary A' Standards Apply
Conditions Apply 5 C Conditional Use Permit
} -ne
I oftst nrin
T'I"tlem 22 Dw "'0 *
D ev ealoo-w e,-,)nt Standards
Community Development Department
February 21, 2007
0.,
Purpose
• Briefing on proposed Title 22 - Design & Development
Standards
0
Background
• The City adopted the Spokane County Development
Regulations as interim measures (Ord. No. 03-052)
• Development Regulations should be finalized by March
31, 2007 to meet the four year statutory requirement
• Planning Commission has held hearings on Titles 17,
18, 19 and 21
• Development Regulations are intended to implement the
Plan and cannot be inconsistent with the Plan
• Title 22 was sent to CTED on January 27, 2007.
• Comments on the SEPA Determination of Non-
Significance were to be submitted by February 16, 2007.
s---
• Concurrency
• Performance Standards & Incentives (Reserved)
• Dimensional Standards
• Evacuation & Emergency Response Incentives
(Reserved)
• Off-street Parking & Loading
• Outdoor Lighting
• Fencing, Screening & Landscaping
• Sign Regulation
• Wireless Communication Facilities
• Streets, Sidewalks & Public Places
• Street Vacations
• Stormwater Management
Concurrency
• Required for water, wastewater & transportation
• Concurrency for other services is optional
D q %
einstonal *0-%'t_'.andards
• Density no longer a criterion for zoning
• Open space required for multi-family development
• Open space requirements may be reduced up to
50% for improvements
9 Minimum lot sizes reduced
Nemw, Na es ~ Fa-url'i'I'tar Zones
• New names for old zoning districts
• R-1 Residential Estate (was UDR-1)
• R-2 Residential Suburban (was UR 3.5)
• R-3 Residential Urban (was UR7*)
• MF-1 Medium Density Residential (was UR 12)
• MF-2 High Density Residential (was UR 22)
• NC Neighborhood Commercial (was B-1)
• C Commercial (was B-2)
• RC Regional Commercial (was B-3)
• 11 Light Industrial (was 12)
9 12 Heavy Industrial (was 13)
0,
Ne, Zon'ling Districts
• GO Garden Office and O Office (formerly included only
as UR 12 and UR 22)
• MUC Mixed Use Corridor
• CMU Corridor Mixed Use
• CC City Center
Office
Commercial
Mixed Use
Industrial
GO
O
NC
C
RC
CC
CMU
MUC
11
12
Maximum Building
Height (in feet)
45
80
35
35
80
80
50
60 40 65
22. 40. 010- 1 Residential Zone Dimensional Standards (in feet)
R-1
R-2
R-3
M2
MF-22
PRD
Lot Area/Dwelling Unit
25,000
7,500
6,000
3,600
2,000
Underlying
zone
Lot Width
80
80
65
50
20
30
Lot Depth
100
90
80
80
80
50
E
=3
E
Front & Flanking Street Yard
35
15
15
15
15
15
Setback(2)
Garage Setback (2)
35
20
20
20
20
20
Rear Yard Setback
20
20
20
10
10
15
Side Yard Setback
5
5
5
5
5
5
Open Space
10% gross area
E
Lot Coverage
30.0%
50.0%
55.0%
60.0%
65.0%
60.0%
'
E
M
f
Building Height (in feet)
35
35
35
40
50
Underlying
Zone
(1) No accessory structure shall be located in the front or flanking street yard, and shall be
setback not less than five feet (5'-0") from any side or rear yard.
(2) Attached garages, where the garage door does not face the street, may have the same
setback as the principal structure.
0,
Changes ieu Off-Street Parking &
Loading
• Allowance for"shared use"
• Provisions specific to compact cars, Car/Van pool and
accessible parking
• Stacking & Queuing re: parking lot design
• Loading spaces for some uses
• Bicycle parking
Outdoor L'tghtt'nq.
• Incorporates relevant provisions of Washington
Energy Code
• Requires shielding or cut-down fixtures
• Regulates walkway lighting poles to 12'-0"
• Allows parking lot lighting to vary based on the
location of the pole from adjacent property
0 0 10
0 U (A
Fencing, Sc.,re-jening & Landscaping
• Clearview triangles pursuant to AASHTO
• Electric Fences?
• Landscaping based on a point system
• Full screen
24
points w/mixture
deciduous
& evergreen
• Visual buffer
18
points w/mixture
deciduous
& evergreen
Size of Developed
. Area
Number of Points Required
0-500 sq. ft.
Site points = 10
500-2,500 sq ft.
Site points = 25
2,500 - 5,000 sq. ft.
Site Points = 50
More than 5,000 sq.
ft.
Site Points = One (1) point for each 200 sq. ft. of area over
5,000 sq..ft.
Parking lots
Two (2) points per required parking space and one (1) point
for each proposed additional parking space
I.7AEE CHAIN Air mzz=
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WO OR EQUAL ROOT WKCR.
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• Additional 10% points required for aesthetic corridors
• 25% of points claimed within street ROW
• 25% for evergreen plantings and 25% for grass outside
ROW
• 60% of points used in front and side yards
• Root barriers for street trees
• Parking lot landscaping required
• 50% of Common areas to be irrigated
Landscaping
• Loading docks to be screened
• Landscaping for free-standing signs
• 20% reduction in overall points for xeriscaping
• Landscape architect must provide design and certify
installation
• Credit for tree preservation
• Planting details and recommended species
Si'gn Regulations
• Definitions clarified (See Appendix)
• Decorative emblems or standards
• Pennants & banners without copy allowed Incentive 3 or more
businesses sharing a structure
• Spacing limitation deleted
• Temporary Signs
• Special events allowed with a single permit (4/year)
• Pennants & Banners with copy require temporary permit
(30days + 30 day extension)
• Alteration, construction, sale or lease of real property
• Aesthetic Corridors - monument signs only
0 "Cap and replace" policy in place for billboards
0 0
0. 0. .0
W*ireless. CoUnIcatioms
9 Continues existing regulations
Streets, Sold ewallk~ & Publit Places
• Retains current standards for street & sewer
construction, AASHTO and MUTCD
• Adopts Regional Pavement Cut Policy with
clarification
Str V acat ions
9 Retains current provisions
01
0 0
S
...tormwatreir Management
• Retains. adopted provisions
Public Hearing Draft - COSV Uniform Development Code Title 22
Title 22
DESIGN AND DEVELOPMENT STANDARDS
22.10 Authority
The following design and development standards are established pursuant to RCW 58.17,
35.A11.020, 35A.14.140, 36.70A (The Growth Management Act) and WAC Sections 365-195-800
- 865 as well as provisions of SVMC Titles 17-25.
22.20 Concurrency
22.20.010. Concurrency Determination
1. The following facilities and services must be evaluated for Concurrency
a. Transportation
b. Public Water
c. Public Sewer
2. The City may also consider Concurrency issues for the following facilities and service:
a. Fire Protection
b. Police Protection
c. Parks and Recreation
d. Libraries
e. Solid Waste Disposal
f. Schools
3. The review authority shall be the director of the Community Development Department or
the director's designee.
22.20.020 Concurrency Review
1. All project permits/project applications except for those exempt as set forth in subsection
(2) below, shall be subject to Concurrency Review at the time an application is submitted.
Concurrency shall be determined by evaluating the anticipated impact of the application
against the Level of Service (LOS) set forth in the Comprehensive Plan. A Certificate of
Concurrency issued by the Reviewing Authority shall be required prior to approval of any
hon-exempt application.
2. A finding of concurrency requires that adequate facilities are available when the service
demands of development occur, or in the case of transportation "concurrent with
development' shall mean that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the improvements or
strategies within six years. The cumulative impact of development should be considered
when making this determination.
3. 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.
c. Any project permit that will have transportation impacts of less than 25 peak hour
vehicular trips, and that will not change the traffic volumes and flow patterns in the
afternoon peak travel period, as determined by the City Engineer.
d. The following project permit actions:
PACommunity DevelopmentMevelopment Regulationsk3 Public Hearing DraftskPublic Hearing Omit Title 22 02-05-07.doc
Page 1 of of 60
Public Hearing Draft - COSV Uniform Development Code Title 22
i. Boundary line adjustments; e
ii. Final subdivisionsJFinal PRD'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:
L 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 previously approved use.
22.20.030 Pre-Application Determinations
Any person may inquire about the availability of capacity prior to project permit applications but
responses to such inquiries are advisory only and available capacity can only be reserved by
obtaining a concurrency certificate as set forth in this ordinance.
22.20.040 Application Procedures
1. Applications for concurrency review shall be submitted on forms provided by the City.
a. Concurrency review shall be performed for the specific property, uses, densities
and intensities, and traffic distribution information provided by the
applicant/property owner and shall include any project phasing proposed by the
applicant.
b. The City may request additional information in order to make a determination.
c. All applications shall be circulated for comment to the appropriate departments or
agencies.
d. The project permit may be conditioned to assure adequate facilities are available .
to meet the demand generated by the project. If the project is approved, a
Concurrency Certificate shall be issued to the property owner, his heirs and
assigns.
e. If adequate facilities cannot be made available to maintain adopted Level of
Service (LOS), the project application shall be denied.
f. The Concurrency Certificate shall automatically be voided if the project permit has
been withdrawn, expires, or is otherwise cancelled.
2. Concurrency Certificate:
a. Shall apply only to the specific land uses, densities, intensities and project
described in the application and project permit;
b. Is not transferable to other property, but may be transferred to new owners of the
same property;
c. Shall remain valid so long as the accompanying project permit has not expired or
been revoked;
d. 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,
e. Shall only be issued upon payment of any concurrency fee due.
P:lCommunliy DevelopmenikOevelopment Regulabonsl3 Public Hearing Drafts\Public Hearing Draft Title 22 02-05-07.doc
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Public Hearing Draft - COSV Uniform Development Code Title 22
3. Any capacity that is not used because the full extent of the development is not built shall
be considered available capacity.
4. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on
the adopted fee schedule.
22.20.050 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.
22.20.060 Phased Development
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 to
determine the schedule of improvements that must be completed; or financially guaranteed, prior
to occupancy of each phase. However, the required improvements shall be determined by
analyzing the impacts estimated to be generated by the fully completed project.
22.20.070 Conflicts Between Provisions.
This ordinance shall apply as an overlay and in addition to other adopted plans, ordinances and
regulations affecting lands in the City. In the event of any conflict between this code and other
plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any
conflict between this code and any development agreement which has been executed under RCW
36.708. 170, prior to the effective date of this code, the development agreement or provisions
therein shall govern and prevail during the term of the agreement.
22.20.080 Transportation Concurrency - Additional Considerations
1. Highway Capacity Manual methods selected by the City shall be used to analyze project
impacts to intersections.
2. Level of service information in the Capital Facilities Plan 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.
4. 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.
5. Each intersection affected by proposed projects shall be reviewed and analyzed for
concurrency. The applicant/property owner may be required to provide a traffic impact
analysis if existing information does not provide adequate information for the concurrency
assessment. The scope of any necessary traffic analysis shall include any intersection
where the proposal contributes more than 20 peak hour trips.
6. Specific provisions application to the Sub-area corridor study (Reserved)
22.20.090 Water and Sewer Concurrency Additional Considerations
1. Local water purveyors must certify to the availability of water capacity and pressure to
serve new development, subject to such security as the individual purveyor may require.
2. Spokane County must certify to the availability of adequate collection and treatment
capacity:
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a. at the time of completionloccupancy, or
b. be located within the Spokane County 6-year sewer capital improvement program,
as adopted.
3. 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/drain field 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.
22.30 Performance Standards & Incentives (Reserved)
22.40. Dimensional Standards
22.40.010. General Provisions
1. No principal or accessory structure shall be located within the Clearview triangle (SVMC
22.80).
2. In the districts where the height of buildings is restricted to thirty-five feet, cooling towers,
roof gables, chimneys and vent stacks may extend for an additional height, not to exceed
forty (40) feet, above the average grade line of the building. Water stand pipes and tank,
church steeples, domes and spires and school buildings and institutional buildings may be
erected to exceed maximum height requirements, provided that one (1) additional foot
shall be added to the width and depth of front, side and rear yards for each foot that such
structures exceed the required height.
3. No structure may be erected t6 a height in excess of that permitted by applicable Airport
Hazard zoning regulations.
22.40.020 Residential Standards
1. Residential development shall meet the minimum area and setback requirements, and
maximum lot coverage and building height requirements shown in Table 22.40-1.
2. In zero lot line developments approved as part of a Planned Residential Development,
zero setbacks along one side are allowed, provided a 7-0" maintenance easement is
recorded as part of the subdivision plat.
3. Attached single-family dwellings, including duplexes and townhouses located on
individual lots, shall meet minimum rear, front and side yard requirements (where
applicable), minimum area requirements, and maximum lot coverage and building height
requirements shown in Table 22.40-1. In addition, the number of attached single family
units shall not exceed six in a single block.
4. All residential driveways and off-street parking areas shall be paved with asphalt or
Portland cement.
5. Front Yards.
a. Front and side yards in residential zones adjacent to public or private streets shall
be set back in accordance with Table 22.40-1. The setback shall be measured
from the property line unless a border easement has been established on the
property. In cases where a border easement exists, the setback shall be
measured from the border easement.
b. Where lots have double frontage, running through from one street to another, the
required front yard shall be provided on both streets.
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c. Every part of a required yard shall be open and unobstructed except for permitted
D accessory structures, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not more than twelve inches
(12") and roof eaves projecting not more than twenty-four inches (24").
d. No supporting member of any garage, carport or other automobile storage
structure shall be located within the required front yard or within the required yard
on a flanking street,
6. Side & Rear Yards.
No accessory building or structure may be erected within five (5) feet of any rear or side
property line, or be located within any public or private easement.
Table 22.40- 1 Residential Zone Dimensional Standards in feet
R-1
R-2 I
R-3 '
2F
PAF-22 PRD
1
Lot Area/Mviling Unit
25,000
7,500
6,000
3,600
I
2,000 Underlying
zone
Lot vl4dth
8o
80
65
50
20 30
Lot Depth
100
,90
80
60
80 50
Front & Flanking Street Yard
35
15
15
15
15 15
Setback
E
Garage Setback R)
35
20
20
20
20 20
E
Rear Yard Setback")
20
20
20
10
10 15
Side Yard Setoack
5
5
5
5
5 5
Open Space
10% gross area
E
Lot Coverage
30.0%
54.0%
55.0%
60.0%
65.0% 60.0%
E
Building Height (in feet)
35
35
35
40
Underlying
50 Zone
No accessory structure shall be located in the front or flanking street yard, and shall be
setback not less than five feet (5'-0") from any side or rear yard.
rzi Attached garages, where the garage door does not face the street, may have the same
setback as the principal structure.
7. Required open space shall be accessible to all residential units and shall be suitable for
active and passive recreational purposes, subject to the following:
a. Open space shall not include required yards, parking areas, required landscaped
areas or required spacing between structures.
b. The amount of open space may be reduced by up to 25% where at least two (2) of
the following amenities are provided:
i. Play or sports courts;
ii. Playgrounds with equipment;
iii. Trails or pedestrian walkways
or parking areas;
iv. Swimming pools;
v. Gazebos; or
vi. Clubhouses.
not required for access to residential units
c. Where stormwater facilities are of sufficient size and designed as amenities, the
required open space may be reduced by an additional twenty-five percent (25%).
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d. In no event shall the amount of required open space be reduced by more than
50%. 0,
e. Facilities and equipment, where provided, shall meet all requirements for handicap
access.
22.40.020. Non-Residential Standards
1. General Requirements.
a. Non-residential development shall meet the maximum and building height
requirements shown in Table 22.40-2.
b. Parking areas shall be paved and landscaped in accordance with SVMC 22.80.
Table 22.40-2
Office
Commercial
Mixed Use
Industrial
GO
0
NC
C
RC
dC
Crr,U
MUC
11
12
Maximum
Building Height rn
45
80
35
35
84
80
50
60
40,
65
feet
2. Commercial Zoning Districts (NC, C and RC)
a. Side and rear yard setbacks of twenty (20) feet are required only adjacent to
residential zoning districts::
b. Front & flanking street yard setbacks shall be twenty (20) feet.
c. New commercial development shall be provided with paved rear service alleys not
less than sixteen (16) feet in width.
d. New commercial development. sliall provide for shared access with adjacent
properties.
3. Office (GO, and O)
a. Front & flanking street yard setbacks shall be twenty (20) feet, except as otherwise
provided.'
b. New office development shall be provided with paved rear service alleys not less
than sixteen (16) feet in width.
c. New office development shall provide for shared access with adjacent properties.
4. Mixed Use Districts(CC, CMU and MUC)
a. Front & flanking street yard setbacks shall be IMfeet, except as otherwise
provided.
b. Projects with residential component shall provide 10 square feet of open space
per dwelling unit. The required open space shall conform to the requirements of
22.40.010(7) and is eligible for reduction for improvements on the same basis.
5. Industrial Districts (11 and 12)
a. Front & flanking street yard setbacks shall be twenty (20) feet.
b. Side and rear yard setbacks of thirty-five (35) feet are required only adjacent to
residential zoning districts.
0.
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6. Community Facilities
Inatltutional uses Identified as Community Facilities in the Spokane Valley Comprehensive
Plan shall meet the requirements of the underlying zone or that of property directly
adjacent, if different from the underlying zone.
22.60 Evacuation and Emeraencv Response Standards (Reserved)
22.60 Off-Street Parkinta & Loadina Standards
22.60.010 Purpose
The purpose of these standards is to provide safe on-site circulation for motorists, bicyclists and
pedestrians and to provide adequate parking, pedestrian facilities and access.
22.60.020 Vehicle Parking
1. Rules for Computing Number of Parking Spaces, shown in Table 22.60-2. The number of
required off-street parking spaces shall be based on the following:
a. "Floor Area' shall mean the gross square feet of the specific use.
b. Where fractional spaces result, the parking spaces required shall be constructed
to the nearest whole number.
c. Uses not specified in Table 22.60-2 shall provide parking based on a use of similar
nature.
d. NM Construction: Prior to occupancy of a new structure within any zoning district,
off-street vehicle parking shall be provided in accordance with Table 22.60-2.
e_ Expansion or Change of Existing Use: Prior to occupancy of an expanded
(enlarged) floor area or change of use, off-street vehicle parking shall be provided
In accordance with Table 22.60-2_ If the minimum number of vehicle parking
spaces required for the enlargement or change of use added to the existing on-site
parking supply falls short of the minimum number of vehicle parking spaces
required for the project as a whole, the applicant shall provide additional spaces to
bring the total supply up to the minimum required.
f. In the case of multiple-use occupancies, other than shopping centers, in a building
or on a lot, the total requirement for off-street parking shall be the sum of the
requirements for the various uses computed separately.
g. Tandem spaces shall not count as required parking.
2_ Location of Parking Spaces, except as follows:
a_ For nonresidential uses, required off-street parking shall be located within three
hundred (300) feet of the building or use, and shall be located in the same zone or
in a zone which allows the use for which the parking is required.
b. All parking spaces required herein shall be located on the same parcel with the
building or use served unless:
I. The parking is located on a contiguous parcel or parcels under the same
ownership and We notice is filed identifying the parking serving the other
building or use; or
Ii. If the required parking for a building or use is located on a parcei(s) other
than described in a. above, the owner of the parcel upon which the
proposed parking is located executes a joint parking agreement in a form
acceptable to the city attorney, stating that the parcel is devoted in whole or
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in part to required parking for the use of a parcel or parcels under separate
ownership. The agreement shall be binding on both properties and shall be
recorded with the Spokane County Auditor's office and filed with the
Spokane Valley Department of Community Development.
iii. Where shared parking Is proposed, the minimum number of parking spaces
for all shared uses shown on Table 22.60-2 shall be calculated. When
these totals are applied to the percentages shown on Table 22.60-1, the
minimum number of parking spaces required Is the largest sum of the
individual totals for each time period.
Table 22.60-1 Shared Use Allowances
General Land Use
Classification
Weekdays Weekends . _ II
1:00 am - 7:00 am - 6:00 pm - I GO an, - ; 0.- a,- 5 00 pn•,
7:00 am 8.00 am 1.00 am 7 00 am 6.00 rn 1.00 am
Office
5%
100%
5%
0%
15% 0%
Retail Sales b services
0%
100%
80%
0%
100% so% _
Restaurant not 24 h
20%
70%
100%
30%
75%
100%
Residential
100%
50%
100%
100%
75%
95%
Theatre
0%
60%
100%
0%
80%
100%
Hotel
Guest Roam"
100%
55%
100%
100%
55%
100%
TavernfBarfLoun a
100%
55%
100%
!0096
5555
100%
Conference Rooms
0%
10096
100%
0% _
100"x6
too%
Reli ious Insilu!ion
0%
25%
50%
0%
1110=':
50%
c. Up to fifty percent (50%) of the parking facilities required by this chapter for a
"daytime use' may be provided by the parking facilities of a "nighttime" use or
vice versa, provided that the parking area shall be subject to a reciprocal parking
agreement and the conditions set forth herein
d. Up to one hundred percent (100%) of the weekend and/or nighttime parking
facilities required by this chapter for a church, auditorium, stadium, and/or other
assembly areas incidental to a public or private schools may be supplied by
parking facilities required for school use.
Table 22.130.2 Required Parking Spaces for Specific Activities
Last updated 1127106
11 115
82 82191
54 54194
warehouse
Required Parking
I per ambulance plus 1 per employee on
1 per 250 sq. ft. of gross indoor floor area
31
11
Animal Processing Facility
1 per employee
44
442.443
Appliance and furniture salaWservice
1 per 1,000 sq ft display area.
62
623312
Assisted Living Facility
1 per 4 residents plus t/staff on largest shin
44
441
Auction yard (excluding livestock)
t per 300 gross square feet
Auditoria, theatres, stadia Qnd religious
7/,81 7t sanctuad") t per 4 fixed seals or 1 per 150 sq. R. of floor area
92 822 Automobile impound yard 1 per 500 gross square feet of building area plus 1 per 5,000
gross square feet of outdoor storage area
48 4853 Automobile sales/rental 1 per 400 gross square feet of inside display area, 1 per 2.000
gross square feet of outside display area.
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i
as
;
Last updated YV/06
Required Parting
81
811121
Automob'leltruc-kiRVlmetorcycie service
painting, repair, body and fender works
1 per 380 gross square feet plus 2 per service bay leach
space In a service bay counts as a parking space
52
52211
Bank, savrngs/loan an other financial
institutions
1 per 250 gross square fast
81
6121
Barbedbeauty shop
1 per chair and 1 per employee
72
721191
Bed and Breakfast
1 per guest room In addition to resident parking
71
71395
Bowling aney
2.5 per lane, except when located in a shopping center
31
31212
Brewery, winery and/or distillery
1 per each employee on the maximum shift plus / space per 4
seats In any tasting room or other visitor facility
44
4441
Building supply A Home Improvement
1 per 300 gross square feet of retail area, 1 per 1,000 gross
square feet of warehouse area, 1 per 600 gross square feat of
assembly or tight manufacturing area
56
56142
Call Center, telephone
1 per employee
71
_
71399
Carnival, Circus
1 space per 400 gross feet tit area
32
3219
Carpenter Shop,
1 per 600 gross square feel
81
811192
Carwash, self service
2 spaces for drying and cleaning purposes per stall, plus 3
reservoir spaces in front of each stall
71
T132
Casino
1 per 50 grass square feet of dining, bar , gaming and dance
space, plus 1 per 2 employees
at
8113
College or university
1 per 600 gross square feet of classroom and 1 per 5 seats in
principal assembly room.
811
8134
Commun4 hall, club or lodge
t per 200 gross square feet
81
8134
Community recreational facility
1 per 200 gross square feat
62
6232
Community residential facility
2 plus 1/employee on maximum shift
56
66173
Composting storage/ processing,
commercial
3 plus 1 per each employee
23
238
Contradoes yard
1 per employee
62
823
_
Convalescent home, Nursing home
1 per 2 bads
44
44512
Convenience Store
i per 358 gross square feet, plus 2.5 seats of on-sac seating,
but not less then 10. Service area at gas pumps shalt not be
counted as parkinaces
62
624410
Day care, Child b Adult
t per each employee, plus 1 per 10 children or adults
Dry cleaning, retail
The greater of 3 spaces or V300 square feet except where
located In a shopping center.
81
8123
Dry cleaning, laundry, linen supply plant,
commercial
1 per 600 gross square feet
81
814
Dwelling, accessory apartments
1 per dwelling unit
72
7213
Dwelling. Congregate
1 per sleeping room
81
814
Dwelling. Multifamily
Studio and 1 bedroom
t per dwelling unit, plus 5% of total for guests
Two or more Bedrooms
1.5 per dwelling unit plus 5% of total for guests
81
814
Dwelling. One and 2 family, townhouse
2 per dwelling unit
33
334-335
ElectrfgUeledronldoomputer component
b system manufacturing/assembly
1 per 600 gross square feet
71
713
Entertalnment/recreat►on facilities, indoor
1 per 200 gross square feel, except when located In a
sho ping center
71
71391
Entertainment/recrestion facildles, outdoor
71
Golf course
4 per hole
71
Golf drivtng rangaftining center
2 per designated driving station on driving range and 1 per 5
square feet of putting/chipping green
Skating rink
1 per 200 gross square feet
Sports field
20 per acre of site
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a
o0
Last updated 3127/D8
Required Parking
Tennis. racquetball and simiiar cours
2 per court
53
5323
Equipment Rental shop
FP' per 300 gross square feet of retail, office or shop use per 1
r 1,000 gross square feet of outdoor storage or display area
61
811
Equipment sates, repair, and maintenance
3 plus 1 per employee
72
7222213
Espresso/Latta Stand
1 plus 1 per employee
71
71394
Exercise facility/gym athletic club
1 per 100 gross square feet
Fire Station
1 apace per employee on the maximum shift
48
484
Freight forwarding
1 per 2000 sq. ft.
44
447
Fueling Station
1 per 4 pumps
81
81221
Funeral home
1 per 5 seats in largest chapel, plus 1 space per employee,
plus 1 space for each facility vehicle
11
1114
Greenhou sa/numery - commercial
1 per 400 gross square feet of indoor retail, 1 per 1,000 gross
square feet of outdoor display or storage area
62
6221
Hospital
1 per patient bed
72
7211
Hotallmotel
1 per guest room In addition to resident parking
81
81291
KenneUanimal boarding/shelter
3 plus 1 per each.em~ yee
54
Laboratories
1 per 600 gross square feet of office, 1 per 600 gross square
feet of laboratory or shop area
44
4419
Landscape Materials Saks.
3 p;us 1 per employee
81
812310
Laundromat
1 per 250 square feet
81
814
Manufactured (mobile) home park
2/du plus 5% total for guest parking
31-33
Manufacturing
1 per 1,000 gross square feet or 1 per each 3 employees on a
maximum shin
62
6211
Medical Clinic
1 per 200 gross square feet
23
236115
Model Home Sales
1 space per 2,000 gross square feet of sales area
44
4413
Motor vehicle parts saleshervice
1 per 300 sq. ft.
71
71211
Museum, Libraries
1 per 800 gross square feet
56
5611
Office, professional and general
1 per 250 gross square feet
49
491
Post Office, postal center
1 per 200 gross square feet of floor area plus 1 employee
56
56143
Print shop
1 per 400 gross square fee
71
711212
Racetrack
1 space per each 4 Ibced seats
72
7212
Recreational vehicle park/campground
1 per RV park/campsite
44
44121
Recreational vehicle sales b service
1 per 3,000 gross square feet of display area
72
722
Restaurant
1 per 200 gross square feet, except when located In a
-shoppingcenter
44-45
Retail sales, Indoor
a
1 Per 200 gross square feet, except when located In
shopping center
44-45
Retail sales, outdoor
1 per 5,000 gross square feet of retwrl sales area in addition t
any parking requirements for buildings, except when located
a sho i center
61
6111
Schools - public and private - 7 thru 12
1 per classroom, 1 per each employee and 1 space per 4
seats in auditorium or assembly room
81
8111
Schools - public and private - K thru 7
2 per classroom and 1 per each 2 employees
61
6114
Professional, vocational & trade
schools
1 per each 3.5 seats in classroom area
Shopping Centers
4.5 per 1,000 square feet of gross leasable area (GLA) ro-
centers having GLA less than 400,000 gross square feet, a
5 per 1,000 gross square feet of G LA for centers having a GI
of over 400,000 gross square feet
Showroom, Industrial
1 per 500 gross square feet of display area
81
812
Services, retail
1 per 250 sq ft except when located In a shopping center.
58
56292
Solid waste recycling/transfer sits
3 plus t per each employee
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n
Last updated 3127106
Required Parking
61 -
81182
Speciahzed traininglleaming schools or
studios
1 space per 300 gross square feet
45
454
Storage, general - indoors, warehousing
1 per each 3,500 gross square feet
45
454
Storage, general - outdoors, display
3 plus 1 per each employee
31
3152
Personal Services
1 per 250 sq. R
72
7224
Tavern
1 per 200 gross square feet, except when located in a
shopptng center
48
4851
Transit center
1 per each 200 gross square feet
49
48311
Warehousing
1 per each 3,500 gross square feet
58
58292
Wrecking. rocycUng, junk and selvage
yards
1 per each employee plus 3 visitor spaces
4. Off-Street Parking Design Standards and Minimum Dimensions
Table 22.60-3
Parking Minimum Design Requirements
Standards
Parking
Angle ( in
degrees)
Stall
tl
Minimum
Stall Width
Minimum
Stall Depth
Minimum Aisle Width
D
A
Prgec
on
SP
13
C
One
way
Two Way
0
(parallel)
8'6'
22'
8'
20'
20'
30
17'0'
8'8'
17'
20'
20'
45
12'0•
8'6' 1
17'6'
20'
20'
50
11111*
8'8'
18'
20'
20'
55
10'6'
we,
18'6"
20'
20'
80
9'6'
8'8'
17
20'
20'
65
9'8'
811'
19'8"
20'
21'
70
w 1'
8'8'
19'8'
20'
2111'
75
8,101
8'6'
19'
20'
22'
90
8'8'
8'8'
1$-
20'
22 8'
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Figure 22.80-1 Calculation of Parking Spaces
a
N
5. Compact Car Allowance
a. A maximum of thirty percent (30%) of the total required off-street parking stalls
may be permitted and designated for compact cars.
b. Each compact stall shall be designated as such, with the word "COMPACT"
printed onto the stall, In a minimum of eight (8) inch letters and maintained as
such over the life of the use of both the space and the adjacent structure it
serves.
c. Dimensions of compact parking stalls shall be eight (8) feet by seventeen (17)
feet.
d. Compact spaces shall be designated in one specific area of the off-street parking
facility.
6. Carpool/Vanpool Parking
a. New office and industrial development, with fifty (50) or more required parking
spaces, shall designate at least five percent (5%) of the spaces for employee
carpool or vanpool parking. Employee carpool and vanpool parking shall be
located closer to the building entrance or the employee/entrance than other
employee parking with the exception of accessible parking. The carpool/vanpool
spaces shall be clearly marked "Reserved Carpool/Vanpool Only'.
7. Accessible Parking. The intent of this section is to comply with American Disabilities Act by
allowing a person with a physical disability to Independently get to a site, facility, building
or element (American National Standards Institute, Inc.).
a. Location- Accessible parking spaces shall be located on the shortest accessible
route of travel from adjacent parking to an accessible building entrance. Where
buildings have multiple accessible entrances with adjacent parking, accessible
parking spaces shall be dispersed and located near the accessible entrances.
b. Hospital outpatient facilities. Ten percent (10%) of patient and visitor parking
spaces provided shall be accessible.
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c. Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent
(20%), but not less than one (1) of the portion of patient and visitor parking spaces
shall be accessible.
d. Van spaces. For every (6) six or fraction of six (6) accessible parking spaces, at
least one (1) shall be a van-accessible parking space.
~ u u
11 u
F
0 a o c~ o
o a o
0 U
Figure 22.60-2
e. Accessible car and van parking space size shall be as follows.
I. Car parking spaces shall be 8 feet (96 inches) minimum In width
ii. Van parking spaces shall be 11 feet (132 inches) minimum in width.
EXCEPTION: Van parking spaces shall be permitted to be 8 feet (96)
inches minimum in width where the adjacent access aisle is 8 feet (96)
Inches minimum in width.
Table 22.60.4 AccesaWe Parking Spam Required
TOTAL PARKING
SPACES
PROVIDED
MINIMUM NUMBER
OF ACCESSIBLE
SPACES
1 to 25
1
2810 50
2
51 to 75
3
70" to 100
4
101 to 150
5
151 to 200
A
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1.000
2% of total
more than 1,000
20, plus one for each
100 over 1,000
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22.60.030 Stacking and Queuing Requirements
1. Driveway stacking length for individual uses is the distance between the street right-of-way
line and the proposed use the minimum length of driveway stacking for drive-through
windows shall be as follows
Table 22.60-5 Minimum Stacking Lane Length (in Feet)
Use
Stacking Lane Guidelines
Drive-in banks
1507 service terminal
Automated teller (ATM)
50 /service terminal machines
Drive-in cleaners, repair services
50'
Drive-thru restaurants
150'
Espresso stands
75
Automated car wash
75'Mrashing unit
Controlled Access Parking
100'/entry driveway
2. Driveway stacking length for multi-use properties is the distance between the street right-
of-way line and the near side of the first intersection interior aisle or parking stall. In order
to prevent stacking within the public street, the total number of driveways accessing a
public street is divided by the total number of parking spaces, establishing the minimum
length of driveway stacking as follows:
Table 22.604 Parking Lot Stacking
No of Spaces
(Per Driveway)
Minimum Stacking
(Length In feet)
Less than 50
18
50 to 200
50
More than 200
78
3. The City of Spokane Valley Public
Works Department may require a
traffic study to determine the stacking
and queuing requirements for such
uses that Include, but are not limited
to, service stations, drive-thru
restaurants, drive-In banking, etc_
I I • I 1 l- •I
u nr d
1~. , ~~1 J I - I J
M3* T- 9:1 •~i!! fA!.l.Al
OLD
• : t p 1h
Figure 22.60.3
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22.60.040 Off-Street Loading
1. Every building or part thereof erected or occupied for retail business, service,
manufacturing, storage, warehousing, hotel/motel, Industrial or any other use similarly
Involving the receipt or distribution by vehicles or materials or merchandise, shall provide
and maintain on the same premises loading space in accordance with the following
requirements:
a. Off-street loading spaces shall measure as follows:
i. When one space is required it shall measure 12 feet wide, 30 feet long
and 15 feet high (if a dock).
li. When two (2) or more spaces are required they shall measure fifteen (15)
feet wide, sixty (60) feet long and fifteen (15) feet high (if a dock).
b. Loading facilities located on the side of a building but not facing a street shall be
set back from the front property line a minimum distance of sixty (60) feet.
c. Driveways, aisles and maneuvering areas shall be designed to accommodate the
largest vehicles that would normally be expected to use those particular
driveways, aisles and maneuvering areas. The turning radius shall be a minimum
of thirty (30) feet and the driveway a sles shall be a minimum of t4prity four (24)
feet
d. Whenever possible, the site should be designed for counterclockwise circulation of
large trucks as left turns and left-hand backing maneuvers are easier and safer
since the driver's position is on the left-hand of the vehicle.
e. All parking, loading and maneuvering of trucks shall be conducted on private
property.
f. Required passenger vehicle parking shall not be allowed within the truck dock
apron space.
g. The minimum number of off-street loading spaces shown on the following table are
required:
Table 22.60.7 Loading
Spaces Required
Usel Bross Square Feet
Required Loading Spaces
Industrial, manufacturing wholesale, warehouse, similar uses
10,00040,000 square feet
1 space
40,001-60,000 square feet
2 spaces
60,001 -100,000 square feet
3 spaces
over 100,000 square feet
1 space for aarh 50,000 square feet or part thereof
Hotel/motel, restaurants
20,000.60,000 square feet
1 space
80,001-100,000 square feet
2 spaces
over 100,000 square feet
1 space for each 50,000 square feet or part thereof
Hospltals, convalescentlnursing homes & similar Institutions
10,000-40,040 square feet
1 space
40,000-100,000 square feet
2 spaces
over 100,000 square feet
1 space for each 50,000 square feet or part thereof
Department stores, retail and other commercial uses
10,000-20,000 square feet
1 space
20,001.50.000 square feet
2 spaces
50,001-100,000 square feet
3 spaces
over 1 D0,000 square feet
1 space for sech 50,000 square feet or part thereof
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2. Screening of Off-Street Loading Areas
a. Off-street loading spaces and apron space should not be located on the street side
of any building. In those Instances where three (3) or more sides of the building
face dedicated streets, loading spaces and apron space shall be located at the
rear or side of the building and screened from view of the abutting streets for a
minimum of thirty-five (35) feet in accordance with the provisions of 22.80.030(7)
of this Code
b. No loading dock or service bay doors shall be constructed on any portion of a front
wall or on a side or rear wall within sixty (60) feet of any front property line,
adjacent to any other street
22.60.040. Bicycle Parking
Bicycle spaces are individual units within ribbon racks, inverted `U' racks, locking wheel racks,
lockers, or other similar permanent structures accommodating five (6) or more bicycles.
1. Bicycle racks and/or storage shall be provided when twenty-five (25) or more parking
spaces are required, at a ratio of one (1) rack for every twenty-five (25) parking spaces.
2. Required bicycle parking must be located within fifty (50) feet of an entrance to the building
or use.
3. If bicycle parking is not visible from the street, a sign must be posted indicating the location
of the bicycle parking spaces.
4. All bicycle parking must be separated from motor vehicle traffic by a barrier, curb, post,
bollard or other similar device.
5. The property owner of a site shall have a continuing obligation to properly maintain any
bicycle parking facilities on their property,
22.60.060 Landscaping in Parking Areas
See SVMC 22.80.030(6) Landscaping
22.70.01 OUTDOOR LIGHTING STANDARDS
22.70.010 Purpose
The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages
energy conservation and prohibits lighting creating a nuisance for adjacent property owners.
22.70.30.1.1. Application
The requirements of this chapter and the Washington Energy Code (WAC 51.11) apply to outdoor
lighting requirements for all development except one and two family dwellings.
22.70.30.1.1. General Requirements
The Installation of new outdoor lighting or the extension, modification or expansion cf existing
outdoor lighting Is subject to the following requirements:
1. The lighting allowance for covered parking, open parking and outdoor areas shall not
exceed 0.20 watts per square foot of lot area, provided however, that the allowance may
be Increased to 0.30 watts per square foot for covered residential parking when ceilings
and walls are painted or stained with a reflectance value of 0.70 or higher.
2. The lighting allowance for building exteriors. Including landscaping lighting, shall not
exceed either 0.25 watts per square foot of building facade or 7.5 watts per linear foot of
building perimeter.
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3. The maximum height of pole mounted outdoor lighting fixtures shall be calculated In feet
by the following formula:
Maximum Height = 3 * D/3
Where D is the distance to the nearest property line.
4. All outdoor lights shall Include a light source and reflector that control the light beam so
that no light extends across any bounding property line above a height of three (3) feet.
5. Outdoor lighting fixtures shall be recessed or shielded so that the light source is not
visible at any bounding property line exoept where topographical characteristics make
this impossible.
6. All outdoor lighting systems shall be equipped with automatic switches conforming to the
requirements of 1513,8.2 of the Washington Energy Code.
7. All applications for building permits shall be accompanied by a photometric analysis of
the lighting effects prepared by a qualified engineer.
8. The mounting height of walkway lighting shall not exceed twelve feet and all fixtures
mounted at a height of more than eight feet shall be fully shielded.
9. Lighting designed to accent landscaping features or architectural elements, including the
illumination of pole-mounted flags of the United States, shall be concealed or positioned
so that the light source is not visible at adjacent property lines.
10. Lighting for Outdoor Arenas, Stadiums and Playfields shall not remain on longer than
thirty (30) minutes following the end of the event
22.070.040 Prohibited Lights
The following lights are prohibited unless a temporary permit Is obtained for specific events with
specific times of operation:
1 Laser source light, strobe lights and similar high intensity light sources, except those
associated with approved activities of the City of Spokane Valley. High intensity lights for
which a temporary permit Is issued shall not project above the horizontal plane nor extend
Into the public right-of-way.
2. Searchlights.
22.70.050 Exceptions
1. Navigation and airport lighting required for the safe operation of boats and airplanes:
2. Emergency lighting required by police, firs, and rescue authorities.
3. Lighting for state and federal highways authorized by the Washington Department of
Transportation.
4. Internal lighting of permitted signs.
5. Outdoor lighting for public monuments.
22.070.060 Temporary Lighting
The Budding Official may authorize temporary exceptions not to exceed thirty days for good cause
shown.
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22.80 Fencing. Screening & Landscaping
22.80.010 Purpose and Intent
The use of fencing and screening reduces visual, noise and lighting Impacts on adjacent properties
and provides visual separation and physical buffers between land uses. It also serves to protect
the health, safety and welfare of the community by eliminating dangerous conditions and
preserving property values.
22.80.020 General Provisions- Fencing
1. No sight-obstructing fence more than thirty-six (36) inches in height nor any non-sight-
obstructing fence (cyclone) more than forty-eight (48) inches in height may be erected
and/or maintained within the required front yard of any lot used for residential purposes.
2. Any fence, wall, living plant screen or any combination thereof, erected or placed behind the
minimum required front yard line may be erected or maintained to a maximum height of
eight (8) feet above the adjacent grade In residential zoning districts.
3. Neither residential, commercial or industrial fencing, nor any sight obstruction including
vegetation, which constitutes a hazard to the traveling public shall be permitted on any
comer lot in any zone within the area designated as the "clear view triangle" as set forth
below:
a. A clear view triangle is a measurement applied at the intersection of two streets or
the intersection of an alley or commercial driveway and a street to ensure
unobstructed vision of motorists and pedestrians. Within the clear view triangle,
the space between three and one half feet (3'-6') and seven feet (7'-0") above the
street , or three feet above the sidewalk must be unobstructed and calculated as
follows:
VLGL I A11ON IN 11'i1IN 4 11 kRVIEW I R-LO.\GLE
Figure 22.80-1 Clearview Requirements
r
t r _
slaUT 1
i Uncontrolled Intersection the right isosceles triangle having sides of fifty
feet (50'-0") measure along the curb line of each Intersecting local access
street (or five feet from edge of pavement for a street with no curbs), alley
or commercial driveway (See Figure 22.80-2) : or
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1
~Figure 22.84-2.UUnncontrolle~d Intersections
50 F~T.
'I Mss . zrrrl it ~,rei e~~rr~Fri
CUFO
CITY R23HT-OF-WAY
f M01'aRTY LRM
Wl . F v0 0" G PRESENT. LEA L412 N B TOWARDS TFE
PROPF.ATY WE ROM TIE EME OF TFE ROADWAY
CTYIMff-OF-WAY CM R] W-C* VVAY
ii. Two-Way Stop Controlled Intersection: 'the right triangle having a sixteen
foot (116-0") side measured along' the curb line of a'local access street (or
five feet from edge of pavement for a street with no curbs), alley or
commercial driveway, and the distance shown on Table 22.80-1 based on
posted speed along the side along the curb line of the intersecting street (or
five feet from edge of pavement fora street with no curbs)(See Figure
22.80-3) ; or
Figure 22 80-3 TW'O'-Way Stop Controlled Intersection
nwc" snarl MOM" 6rt Yt are
J • ,I CITY MW WAY
HCifJIrY LNe
y
t . fr'
NCIE FAO OtTJ 0 Pfc3lf, 6FJUFE N 5 TiD`NAfM 11•E
PFCPT:RTY USE FRO1 M MM CP TM MAMAY
U
CITY h17iT-0FWAY Cf.*f RW.Q"AT
Table 22-80-1
Posted Speed
(in MPH)
Distance (in
feet)
25
70
30
95
35
110
iv. Yield Controlled Intersection. For
intersections of local streets with 25 mph speed limits, the right triangle
having a thirty-five foot (36-0") side measured along the curb line or
edge of pavement of the yield-controlled street, and an eighty foot (80'-
0") side measured along the curb line or edge of pavement of the
intersecting street. Triangles for yield-controlled intersections on
collectors or arterials, or streets with speeds higher than 25 mph will be
determined by the City Traffic Engineer (See Figure 22.80-4) ;
iii. In cases including, but not limited to,
arterials with posted speeds in excess of 35
mph, one-way streets, steep grades and
sharp curves the City Traffic Engineer will
determine the appropriate measurement.
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Figure 22.804. Yield Controlled Intersection
r. _ RIGHT-OF-WAY
PROPERTY UNE
3J~
CrrY R)3Kr-OF-%VAY
v. All-Way Stop Controlled: the triangle determined by the City Traffic
Engineer using AASHTO sight distance requirements for all-way stop
controlled intersections.
vi. Signal controlled intersection: -'the triangle determined by the City Traffic
Engineer using AASHTO sight distance requirements for signalized
intersections.
- - to
Figure 22.80-5. Non-Commorcial Driveway.
4. Exemptions: Clearview Triangle regulations of this chapter shall not apply to:
vii. Non-Commercial Driveway serving three or more residences: the right
isosceles triarlgle having sides of fifteen feet (15'-0") measured along the
curb line of the'street and the edge of the driveway (See Figure 22.80-5) ;
or
6Tt7eBT , - 3TF 4l ~3
Cn`: PoOW-OF 'NAY
PROPERTY L AE
a. Public utility poles;
b. Trees, so long as they are not planted in the form of a hedge, and are trimmed to
a height of at least 7 feet above the street surface;
c. Properties where the natural ground contour penetrates the Clearview triangle;
d. Traffic control devices installed by the City:
5. Fences in non-residential, commercial, mixed use and industrial zoning districts shall not
exceed eight (8) feet in height.
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f 3. General Provisions - Landscaping
a. Applicant may use any combination of planting materials to meet the requirements
of this section. Points are assigned based on the following:
Table 22.80-1 Landscaping point values
Jl
Minimum Size (at time of planting)
Type of Plant Material
Deciduous Trees
(in caliper inches)
Evergreen Trees
(in feet of height)
Point Value
B-inch or greater
22 ft. and over
26
7-inch
19-21 ft.
24
6-inch
16-18 ft.
22
Large Tree
5-inch
13-15 ft.
20
4-inch
11-12 ft.
18
3-inch
9-100.
15
Medium Tree
2-inch
7-8 ft_
12
Small Tree
Single Trunk: 1-inch
5-6 ft.
9
Ornamental Tree
Muitipte Trunk (minimum 3
trunks): Smallest trunk 1-
Inch caliper
5464t
9
Large Shrub
5 ganon and 247Inch height at planting
3
Medium Shrub
3 gallon and 12-Inch height at planting
2
Small Shrub
2 gallon and B-inch height at planting
1
Ornamental Grasses
1 gallon
'h
'
Grounddover
1 gallon
.
4-inch pats
'A
Existing Trees
Greater than 6-inch caliper
22 to 50
Landscaped Berm
30-inch height; 10-11oot length, 3:1 slope
1 per 5 linear ft.
Turf Grass
N/A
% per sq yd
b. Landscaping must equal or exceed a minimum number of points based on the size
of the lot, parcel or tract and the number of parking spaces.
Table 20.080-2 points required
~ i
Size of Developed Area
Number of Points Required
0-500 sq. ft.
Site points = 10
500-2,500 sq ft.
Site points = 25
2,500 - 5,000 sq. ft.
Site Points = 50
More than 5,000 sq. ft.
Site Points = One (1) point for each 200 sq. ft. of area over 5,000 sq. A
Parking lots
T~vo (2) points per required parking space and one (1) point for each
proposed additional parking space
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c. An additional 10% in the number of points shall be required adjacent to the
following aesthetic corridors;
• State Route 27 from le south to 32"d and Mansfield to Trent;
• Appleway Boulevard (south side from Park to Dishman Mica);
• Mirabeau Parkway from Pines to Indiana;
• Dishman Mica Road from eh Avenue, south to City limits
• 32"d Ave. within the City limits
• Appleway Blvd. from Barker to Hodges
d. Points for required full screening or visual buffers shall be in addition to the points
required to meet landscaping requirements of this section.
e. A maximum of 25% of required landscape points may be claimed within the street
right-of-way.
f. A minimum of 60% of points shall be used for landscaping in the front and side
yards.
g. A minimum of 25% of required points shall be used for evergreen plantings.
h. A maximum of 25% of required points may be used for turf grass (turf located
within the street right-of-way is excluded).
i. Any addition to existing building(s) or alterations to an existing site
exceeding 500 square feet shall require
i. one (1) point of landscaping for every 200 square feet of developed area,
with a minimum of ten (10) points, and
ii. two (2) points of landscaping for every parking space installed for the
building addition.
j. The type and location of vegetation shall not interfere with utilities and the safe
and efficient flow of street traffic. Approval by the appropriate City departments
responsible for street and utilities shall be required.
k. Any turf grass planted in the street right-of-way shall be sodded and is excluded
from turf point credits.
1. The use of gravel shall not satisfy this requirement for landscaping. In addition,
this area shall not be hard-surfaced, other than a permitted driveway or sidewalk,
and it shall not be used for parking or display.
m. All plant material planted to meet the minimum requirements of these regulations
shall be in a healthy condition at the time of planting and shall meet quality
standards set forth by the American Standard for Nursery Stock.
n. Turf Grass shall be planted, seeded or re-seeded as necessary, watered and
maintained in such a manner as to completely cover all exposed areas of soil after
one full growing season.
o. No disturbed ground shall be left exposed. Grass and other approved and
appropriate groundcovers or mulch shall cover all non-paved and non-built
Developed Areas.
p. Landscaping may be included within stormwater facilities, providing it does not
impede on functionality and is consistent with stormwater guidelines.
4. Street Trees
a. Street trees shall include conifers and/or deciduous trees or a mix of the two tree
types planted in or within ten feet of any public or private right-of-way, planted at a
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i-~
distance of not less than 35 feet on center in sleeves designed to direct root
development as shown in Figure 22.80-9 of this chapter.
1 J
d . Fiii15H5 GRADE
3.4" :&/4•• CFU5hED GRAVEL
SMAYfi•MN OR EGUAL ROOT BAF.K ER
ROOT BAPKIER f' OR PIANTIMC, TREE5 NEAR WALICWAY5
NOT •IO SCALE
Fidure22.80-9 Root Barrier for trees planted near walkways
b. If construction is adjacent to any local.access, collector or arterial at least one (S)
medium tree shall be planted for each 40 linear feet or fraction thereof that portion
of the development abutting the right of-way.
5. Landscaping Requirements for Parking Areas
a. Headlight screening: Where parking lot design includes spaces which allow
vehicles to park perpendicular to public rights of way or structures located on
adjacent parcels, headlight screening shall be required. Headlight screening
should not exceed 30 inches in height for the length of the parking area.
No* T-.vt t Idic W
0
r PJ~ Urr~~ _FV_Oe_;)filrJ-] g*Arc-l„ \-(n'(
Flgure22.80-10 Headlightlight Screening
i"
b. When a parking area abuts residentially-zoned property along any interior side or
rear property line, Type I Full Screening is required.
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c. A maximum of 10% of the number of required parking spaces may be replaced
with landscaping. Ten (10) points of landscaping shall be required for each
substituted parking space. i
d. A minimum of 25% of required points for parking areas shall be evergreen plant
materials.
e. Amount and location:
I. Each Parking Lot Island andlor Peninsula shall be a minimum of 130
square feet with a minimum average width of five (5) feet.
ii. Each Parking Lot Island and/or Peninsula shall contain a minimum of one
(1) medium tree.
iii. The distance between any parking space and a Landscaped Area shall be
no more than 75 feet.
iv. All parking lot planting areas shall be protected with concrete curbs, or
equivalent barriers. Bumper blocks shall not be used for boundaries
around the landscaped area.
v. All landscaping must be located between parking stalls, at the end of
parking columns, or between stalls and the property line. Landscaping
which occurs between the parking lot and a building or recreation area
shall not be considered as satisfaction of these requirements.
vi. Each tree shall be planted a minimum of h-ao (2) feet away from the
outside of any permanent barrier of a landscaped area or edge of the
parking area. Trees shall be staked for a period of not less than twelve
months after planting.
vii. Ground cover or grasses shall be planted to cover each parking lot
pianting area within three (3) years from the date of issuance of the
Certificate of Occupancy. All Ground Cover shall have a mature height of
not more than 24 inches. Loose rock, gravel, decorative rock or stone, or
mulch shall not exceed 20% of the planting area.
viii. Space devoted to required parking lot planting areas shall be in addition to
any required front, side, and rear yard buffer requirements.
ix. Stand-alone parking lots shall require three (3) points of landscaping for
each parking space and shall be exempt from other landscaping
requirements.
f. Any construction within, expansion or reconstruction of existing parking facilities in
excess of 500 square feet shall be required to come into compliance with the
requirements of this chapter..
g. Parking areas limited to commercial loading and truck maneuvering are limited to
provision of street trees along public right-of-way, planted at intervals no greater
than 30 feet on center,
h. Modifications to protect drainage features, easements, or facilities shall be
allowed.
i. The requirements of this section shall not apply to parking garages or parking
decks, or display areas for automotive and equipment sales and rentals.
6. Landscaping for Required for Common Open Space
a. Fifty percent (50%) of the required common open area shall contain irrigated
plantings.
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7. Screening of Loading Docks
Off-street loading spaces and apron space should be screened from view of the abutting
streets for a minimum of thirty-five (35) feet:
a. by a combination of permanent architectural and landscape elements such as
walls, berms, trees and shrubs with a mature height of at least to the height of the
top of the dock door but no greater than twelve (12) feet above the truck dock
apron; and
b. shall, when viewed at a perpendicular angle from the street, screen the loading
spaces completely, except for driveway opening(s).
8. Landscaping Requirements for freestanding Signs
a. New free-standing sign structures serving a new development shall provide a
landscaping area as follows:
i. Structures on slab: a landscape border of eighteen inches (18") or more
measured from the edge of slab.
ii. Single pole structures: a landscape border not less than thirty-two (32)
square feet in area located eighteen inches (18") or more measured from
the edge of footing if flush with natural grade, or eighteen inches (18")
from the pole, provided the footing is covered with not less than eighteen
inches of soil.
iii. Multiple pole structures: a landscape border not less than sixty (60)
square feet in area located eighteen inches (18") or more measured from
the edge of footings. The.landscape border may be placed adjacent to the
poles provided footing is covered with not less than eighteen inches of
soil. .
b. New free-standing sign structures located within 208 swales areas require no
additional landscaping. Footings shall be installed in such a way that the bio-
filtration function of the swale is not diminished.
c. New free-standing sign structures located within existing developments where
landscaping meets the requirements of 22.80.030(3) require no additional
landscaping.
d. New sign structures on a fully developed site will require minimal xeriscaping
pursuant to 22.80,030(9).
e. Points for landscaping of sign structures may be used to meet the minimum
requirements of this chapter.
9. Xeriscaping.
a. The number of required points may be reduced by up to 20% for use of
recommended xeriscape planting materials combined with decorative hardscape.
Xeriscape planting materials need fewer waterings than typical lawn grasses and
can tolerate, resist, or avoid drought AFTER they are established. They have
attractive ornamental features and are relatively easy to grow. Xericape planting
materials have not been invasive in local growing conditions.
b. Use drip or trickle irrigation.
c. Mulch with three to four inches of shredded or ground bark, well-rotted compost,
wood shavings or chips at the time of installation.
10. Modification of Landscaping Requirement
a. The Director may approve alternative landscaping proposals where:
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i. Only a portion of the parcel is being developed;
ii. Landscaping would interfere with the adequate storage, conveyance,
treatment or control of stormwater runoff or would interfere with the
maintenance of stormwater facilities or natural drainage systems.
iii. Applicant proposes xeriscaping in conformance with subsection 9 of this
section.
iv. Existing structures or improvements preclude installation of required
landscaping and irrigation systems as prescribed herein.
b. Where applicant proposes to preserve existing healthy trees a credit may be
applied to points for required landscaping, provided however that not'more than
25% of the total points may be located within the public right-of-way. Credit may
be approved as follows:
Size of Existing SigniAcanl Tree:
Landscape Points Applied:
6-inch caliper
2Z
7-inch caliper
24
8-inch to 10-inch caliper
26
10.1-inch caliper to 15-Inch DBH
30
15.1-inch to 20-inch DBH
35
20.1-inch to 25-inch DBH
40
Over 25-inch OBH
50
c. The decision of the Director regarding modification of landscape requirements shall
be final unless an aggrieved person appeals that decision to the Hearing
Examiner. .
11. Installation, Maintenance, and Enforcement
a. Prior to the issuance of a Certificate of Occupancy a registered landscape
architect will certify that the irrigation systems and landscaping has been installed
in accordance with approved plans and specifications.
b. The Director may authorize a delay where planting season conflicts would produce
high probability of plant loss. In the event the Director authorizes a delay, a
temporary certificate of occupancy not to exceed six months may be issued to
complete the installation of required landscaping.
Maintenance of landscaping shall be the responsibility of the property owner. All
landscaping required by this chapter shall be permanently maintained in a healthy
growing condition. Trees that become diseased, severely damaged or die shall be
removed by the owner. All trees removed under this section shall be replaced in
accordance with the approved landscaping plan for the property. Lack of maintenance
shall constitute a violation of this Code.
12. Landscaping Plan Requirements
The landscaping plan shall be prepared by a registered landscape architect and include
all of the following information.
a. Proposed landscaping including location, common, and botanical name of each
species and size at time of installation.
b. Location, common name and size of existing vegetation that is being retained.
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c. Location of all buildings and accessory structures.
r
d. Location and height of any existing and proposed berms, walls, fences, retaining
walls and similar architectural barriers.
e. Location of critical areas and their buffers.
f. Location of existing and proposed hardscape such as trellises, decks, patios, signs
and similar landscape features.
g. The location of clear view triangles.
h. Location of all exterior project lighting, including streetlights.
i. Location of proposed and existing water features.
j. Location of existing and proposed stormwater drainage features, including but not
limited to bio-filtration swales, detention ponds, drainage ways, ditches, drainage
easements and drainage facility access easements.
k. Cost estimate including the name and cost of each species to be planted.
1. Location of all existing and proposed overhead and underground utilities, including
electric and gas lines.
m. North arrow, title block, name and phone number of contact person.
n. Location of all streets and alleys.
o. A scale bar.
p. Planting details.
q. Dimensions of the lot, tract or parcel.
r, Trees to be retained for which credit is claimed.
s. Vicinity map.
13. Typical Installation Details..
Flgure22.80-11 Retaining Wall less than four feet in height
V' Min. Lwv Permeable Soil Cap Unit (optional)
Wan Block
Retained Soil
' Finished Grade
Unit Drainage Fill
(314" Crushed
Rock or Stone)
Approximate Limits
of Excavation Unreinforced Concrete or
4" Perforated PVC Drainage Tine Crushed Stone Leveling Pad
Wrapped in Filter Fabric
(If Require(f) Foundation Soil
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Figure22.80-12 Shrub Planting
~p0
Vo~
VDO O
¢O~i 5AUCEP, WITH ° 00
3" CONTINUOU5 RIM ~
SPECIFIED ri.AwiNG
MIX. WATER b TAMP
TO REMOVE AIR
Pocrzf 5
5PCCIPII'-D
MULCai
I,rl~~
PLANT 50 1:'•A i TO? OF ROOT
GALL 15 EVEN YJI1ti
FIN45r1Ft7 GRADE
I' TRE2 C1MIN A5 NF.EDEfl -
HARMOOD 5TAKE5
1-3 SrAKS 2- x t
DP,wm (tiw. 18-) FI;RmLY
INTO Stria GRADE PPJOP-
TO Djtcx MWNG
5TAKE AWV[ FIK3r £RANCNES
W. A3 NErt:55ARY roe FIRM
5UPPOP.T 11,
5PECIFIED FLAN &G MIX
Wkly-P b MAP TO
R€mOVE AIR FOCI'ET5
$I'pC1 NF.O
MULCH
t I X 54L OA. t
Figure22.80-13 Deciduous Tree Planting
1
INCREAZ Figure22.80-13 Deciduous Trco Planting
NEY
UrGEO
E
I MIN.
I
)E53
M%11M
LE LWENAL
L TO PRVIENT
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2' DkFK MULCh rLA.CCD
TO Y RADIIJ5 IROM
MAIN 5TDA. MOLD
MULCII 4' FROA6 MAIN
5TD.1.
ROOT CROWN 2'-4' A50'4
PlMrT1NG 501L GRAD[ "aq ~ h~~In
dR~l I Ii 11 r'O?M SAUCER %V"
C,ONTIN0003 FIAt
PINISM Gq,-Oc
Y'
Flgure22.80-14 Conifer Planting
FIJUIT14G 5011 j I X BALL O• i
7.0
W Uva
FX15-nm G SUB G~aD~
UN. a W111
S-4'PLM1= SCR W=
WITH N.tyr 'GS GR
R UN O70GfPOMM OMA.-M
W M4 AY7taWN7
SUOGR+G[
Figure 22.80-15 Ground cover planting on Slopes
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14. Recommended Planting Species
Recommended Planting Species
Scientific name
Common Name
Mature
Height
ft
Shape and characteristics
LARGE TREES
Robina pseudoacecia 'Frisia'
Frisia Locust
40'
Oval with upright arching branches
Acer rubrum 'October Glory'
October Glory Maple
40'
Broadly oval to round
Pyrus calleryana'Redspire'
Redspire Pear
35'
Pyramidal, dense and symmetrical
Pyrus calleryana'Trinily'
Trinity Pear
30'
Broadly oval to round
Pyrus calleryana'Autumn Blaze'
Autumn Blaze Pear
30'
Rounded
Acer pselidoplatanus
Sycamore Maple
40'
Upright spreading branches. Rounded crown
Acer rubrum
Red Maple
40'
Broadly oval to round
Pseudotsuga menziesil
Douglas Fir
80'-150'
Narrow leaves, dark blue-green conifer above
STREET TREES
Ouencus coccinea
Scarlet Oak
56-65'
Outward branching, rounded with age. Good
fall Dolor.
Tilia condata'greenspire'
Greenspke
60'
Little leaf linden, symmetrical
Gleditsia tricanthos inermis moraine
Thornless Honey Locust
60'
Allows filtered sunlight, long live adaptable tree.
Carpinus betulus'Fastigiala'
Pyramidal European
Hornbeam
35'
Dense compact, narrow when young, becoming
oval. Columnar shape.
Acer rubrum'Armstrong'
Armstrong Maple
45'
Narrow, columnar habit.
Pyrus calleryana'Chanticleer'
Chanticleer Pear (
40'
Upright, narrowly pyramidal
$MALL TREES AND LARGE SHRU
BS
Cercidlphyllum japonicum
Katsura Tree
20'
Upright and pyramidal when young, often
becoming round in age
Prunus serrulata 'Kwanzan'
Kwanzan Cherry
20'
Stiffly vase shaped
Prunus serrulata'Mt. Fuji'
Mt. Fuji Cherry
15'
Spreading
Prunus x cistena
Cistena Plum
8'
Rounded shrub
Prunus'Frnkthress'
Mt. St. Helens Plum
20'
Upright spreading, rounded
Prunus cerasifera'Thundercloud'
Thundercloud Plum
20'
upright spreading, dense, rounded
Prunus x yedoensis
Yoshino Cherry
30'
Upright spreading branches, rounded crown
Acer circinalum
Vine Maple
10'-20"
Multi-stemmed, upright spreading, fine textured
branches
Cerciscanadensls
Eastern Redbud
25'
Multi-stem or Irnv branching tree. Ascending
then spreading branches, somewhat flat-topped
Acer ginnala
Amur Maple
151-18'
Multi-stem, good fall color
Viburnum opulus
European Cranberry Bush
81-12'
Spring flower, fall color, red berry
MEDIUM TO LARGE SHRUBS
Cornus alba'Bailhalo'
Tatarian Dogwood
5'-10'
Variegated leaf, red twig, winter interest
Cornus sericea
Redosier Dogwood
4'-B'
Red twig, winter interest
Comus sericea "flaviramea"
Yellowtwig Dogwood
B'
Yellow twig, winter interest
Holodiscus discolor
Ocean spray
8'
Native, white flower plumes in early summer
Cotoneaster dammed 'Coral
Beauty'
Coral Beauty Cotoneaster
5'
Grown on a standard
Forsythia x intermedia 'Arnold Forsythia 15' Nodding, rich yellow flowers
Giant'
MEDIUM TO LARGE SHRUBS
Servlceberry
B'-20'
Woolly new leaves, spring flowers in upright
sprays, native
Physocarpus Golden Ninebark
61-8'
Leaves usually 3-lobed, light green.
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t
Recommended Planting Species
Scientific name
Common Name
Mature
Height
ft
Shape and characteristics
Salix purpurea
Viburnum dentatum
Purplecsier Willow
Arro%mood Viburnum
5'-10'
4'-6'
Purple twig, silvery underleaf
Good fall color
Viburnum edule
Squashberry/Highbush
4'4
Native, white flower, red fall color
Viburnum lantana'Mohican'
Hobblebush
g
Dark green foliage, white flower, red to black
berry
Viburnum trilobum
American Cranberry Bush
V-12'
White spring flower, red fall color, red berry
Spires thunbergli
Eunonymus alatus "compactus"
Thungberg Spires
Compact Burning Bush
5'
3'-6'
Thin hairy stem, toothed margins
Strong horizontal structure, autumn color
SMALLSHRUBS
Berberis thunbergil atropurpruea
'crimson pygmy'
Crimson pigmy barberry
2'-3'
Rounded„ purple leaves.
Potentilla frulicosa
Shrubby cinquefoil
2'-3'
I
Many natives and cuitivars with different
colored flowers
Spires x bumalda'Anlhony Water'
Anthony Water Spires
2'4
Broad rounded
Spires x bumakfa'Gold Flame'
Gold Flame Spires
2'4
Mounded
GRASSES, SEDGES, AND RUSHES
Andropogan gerardii
Big bluestem
IT
Gray-blue leaf, very deep roots, attractive
flowers
Festuca glauca
Blue Fescue
1'
Densely tufted evergreen grass
Imperata
Japanese Blood Grass
2-
Leaves tinted wine red
Miscanthus slnensis
Tall Varigated Grass
15'
Tall clump forming grass
Phalaris arundinacea
Ribbon Grass
4'-5'
Soft arching leaves
Calamagrostis x acutiflora
Feather Reed Grass
5'-7-
Clump forming grass
GR NDgL S
Alchemilia mollis
Lady's Mantle
2'
chartreuse flower, deer resistant
Galium odoratum
Sweet Woodruff
1'
Fragrant leaf, small white flower
Maianthemum dilatatum
False lily of the valley
1'
Native, white flower, red berry
Myosods; scorploides
True forget-me-not
1'
Small blue or white flower
Pachysandra terminalis '
Japanese Spurge
1'
Shiny leaf
Potentilla plattensis
Platte River cinquefoil
1'
Native groundcover, yellow flower
A]uga
Bugle
4'-8"
Low spreading
Arctostaphylos uva-ursi
Kinnikinick
4"
White flowers flushed pink
Vinca minor
Pernvinkle
an
Tight mat-forming evergreen with dark green
leaves
PERENNIALS
Aster novae-angtiae
New England aster
2'-5'
Many varieties available, late summer bloom
Aster novi-belgii
Michaelmas daisy
2'-4'
Many varieties available, late summer bloom
Dodecatheon pulchellum
Darkthroat Shootingstar
7
native, pink flower in spring
Echinacea purpurea
Coneflower
3'
Long blooming period in late summedfall
Eupatodum purpureum
Joe Pye weed
7-
Striking size and form, purplish flower attracts
butterflies
Hemerocallis species Daylily 2' Long bloom in spring and summer
PERENNIALS
Iliamna rivularls
Streambank wild hollyhock
6'
Native, fragrant pink flowers
Chrysanthemum Shasta Daisy
XERISCAPE TREES
Abies concolor I While fir
1'-5'
Variety of colors
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Recommended Planting Species
Scientific name
Common Name
Mature
Height
ft
Shape and characteristics
Ables lasiocarpa
Acer gjabrvm
Subaloine fir
Rocky Mountain maple
Acer grandidentatum
Canyon maple
Acer tataricum
Tatarian maple
Amelanchierx arandiflora
Apple servioeberry
Belula occidentalis
Water birch
Calocedrus decurrens
California incense cedar
Celtis reticulata
Netleaf hackberry
Cladrastis kenlukea
Yellowwoad
Cotinus coggygria
Smoke tree
Crataegus spp.
Hawthorn
X Cupressocyparis leylandii
Leyland cyoress
Froxinus pennsylvanica
Green ash
Ginkgo biloba
Ginkgo '
Gleditsia triacanthos
Thornless honeylocust
Gymnocladus dioica
Kentucky coffee tree
Juniperus scopulorum
Rocky Mountain iunioei
Koelreuterfa paniculata
Goldenrain tree
Maackla amurensis
Amur maackia
Ostrya virginiana
I os nwood
Phellodendron sp.
Cork tree
Piceg-RUnaens
Colorado spruce
Pinus aristata
Bristlecone pine
Pinus cembra
Swiss stone oine
Pinus flexilis
Limber oine
Pinus leucodermis
Bosnian pine
Pinus nigra
Austrian oine
Pinus ponderosa
Western yellow pine
Ptelea trifoflata
Hopifee
Rhus typhlna
5taghom sumac
Sorbus aucuparia
European mountain ash
Styphnolobium iaoonicum (Sophora
japonica)
Japanese pagoda tree
Tilia tomentosa
Silver lind-on
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f
Recommended Planting Species
Scientific name
Common Name
Mature
Holght
(ft)
Shape and characteristics
Ulmus parvifolia
Lacebark elm
XERISCAPE SHRUBS
Amelanchier elnifolia
Western serviceberry
Artemisia
spp.
Sagebrush/ Wormwood
.
I
Berberls koreana
Korean barberry
Berberis thunbergii
Japanese barberry
Caragana arborescens
Siberian oeashrub
Caryopteds x clandome-nsis
Blue spirea
Geanothus velutinus
Snowbrush ceanothus
Cercocarpus montanus
True mountain mahogany
Chaenomeles spp.
Flowering quince
Chamaebatiaria millefolium
Fembush
Cotoneaster apiculatus
Cranberry cotoneaster
Cotoneaster lucidus
Hedaa cotoneaster
Daphne x burkwoodii
Burkwood dapline
Ericameria (Chrysothamnus)
nauseosus
Rabbitbrush
I Euonymus aiatus
Burning bush
Holodiscus discolor
Ocean spray
Juniperus spp.
Juniper
Kerria japonica
Japanese kerrla
Kolkwitzia amabilis
Beauty bush
Lonicera xylosteum
FN honeysuckle
Ligustrum vulgare
Common gM
Mahonla aquifolium
Oregon graoeholly
Paxistima myritifolia
Oregon boxwood
Philadelphus lewisii
Wild mockorance
Photinia (Amnia) arbutifolia
R d chg~okeberrv
Physocarpus capitatus
Western ninebark
Physocarpus malvaceus
Mallow ninebark
Picea abies'Nidiformis'
Bird's nest soruce
Potentilla fruticosa
Bush cinquefoil
I Ribes aureum
Golden currant
Ribes sanquineum
Winter currant
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Recommended Planting Species
Scientific name
Common Name
Mature
Height
ft
Shape and characteristics
Rosa nutkana
Nootka rase
Rosa rubrifclia
Redleaf rose
Rosa rugosa
Rugosa rose
Salix exigua
Coyote wlllo~v
Spiraea betulifolia
Birchleaf soiree
Spiraea x vanhouttei
Vanhoutte spirea
Symphoricarpos spp.
Snowberrv
Syringa spp.
Lilac
Taxus spp.
Yew
Viburnum x burkvroodii
Burkwood vibumum
Viburnum x carlcephalum
Fraorant vibumum
Viburnum lantana
Wayfaring tree
Yucca spp.
Yucca
XERISCAPE VINES
Campsis radicans
Trumpet vine
Clematis columbiana
Rock clematis
Clematis tangv1lca
Golden clematis
Euorrymus fortunes
Wrntercreeper euonymus
Lonicera ciliosa
Orange honeysuckle
Parthenocissus quinquefolia
Virginia creeper
Parthenocissus tricuspidata
Boston m
Vitus 0inifera
Grape vine
Wisteria spp.
Wisteria
XERISCAPE GROUNDCOVER
Achillea tomentosa
Wooly yarrow
Antennada spp.
uss toes
Arctostaphylos uva-ursi
Kinnikinnick
Asarum caudatum
Wild ginger
Cerastium tomentosum
Snow-in-summer
Cotoneaster horizontalis
Rocksoray wAgnneaster
Dryas octooetala
Mountain averts
Epimedium spp.
Bishop's hat
Eriogonum umbellaturn
Buckwheat
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l
i
Recommended Planting Species
I Scientific name
Common Name
Mature
Height Shape and characteristics
Fravada chilo_e_nsis
Gypsophila repens
Hypericum calycinum
Juniperus horizontalis
ma.honia (opens
Microbiota decussate
Potentilla tridentata
Rhus trilobata
Sedum spp.
Stachys byzantina
Symphytum grandifiorum
Thymus spp.
Veronica Ilwanensis
Veronica pectinate
XERISCAPE PERENNIALS
Achillea sop.,
Alchemilla mollis
Aguilegla sop.
Armeria maritima
Aster divarfcatus
Bergenla spp.
Campanula spp.
Centranlhus ruber
Coreopsis verticillata
Corydalis lutea
Dianthus spp.
Echinecea qurp rea
Eremurus stenophyilus
Euphorbia amygdatoides'Rubre'
Euphorbia grifthii'Fireglow'
Gaillardia spp.
Geranium spp,
Beach strawbeny
Creeoina baby's breath
S1. John's wort
Creeping Juniper
Creeping mahonia
Russian arborvitae
Wineleaf cinquefoil
Three leaf sumac
Stonecrop
Lamb's ears
Yellow comfrev
Thyme
Turkish speedwell
Woolv veronica
Yarrow
Lady's mantle
Columbine
Sea Pink
White wood aster
Basket-of-gold
Be_roenla
Beliftawer
Jupiter's beard
Threadlea! coreoASts
Yellow corydalis
Pink
Purple coneflower
oxtail i
Red wood spurge
Spurge
Blanketflower
Hardy geranium
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Recommended Planting Species
Scientific name
Common (`lame
Mature
Height
k
Shape and characteristics
Geum triflorum
Prairie smoke
Heliardhemum nummularium
Sunrose
Helleborus orientalis
Lenten rose
He erncallis sop.
Daylily
Heuchera spp.
Coralbells
Hosta spp.
Plantain lily
Iberis sempervirens
Evergreen candviuft
Iris spp.
Iris
Knautia macedonica
Crimson pincushion flower
Lavandula angustifolia
Lavender
Liatris spp.
Ga a her
Urnonium latifolium
Sea lavender
Linum perenne
Slue
Paeonia spp.
Peony
Papaver orientale
Oriental Poppy
Penstemon spp,
Beardtongue
Perovskia atriplicifolia
Russian sage
Pulsatilla vulgaris
Pasaaue flower
Rudbeckia spp.
Gloriosa daisy
Salvia spp.
Sane
Santolina chamaecyparissus
Lavender rQtton
Sedum spp.
Sedum
Sempervivum spp.
Hen and chicks
Teucrium chamaedrys
Germander
XERISCAPE PERENNIAL GRASSES
Buchloe dactyloides
Buffalograss
Calamaorostls x acutiflora 'Karl
Foersier'
Feather reed grass-
Festuce ovina var. glauca
Blue fescue
Helictotrichon sempervirens
Blue oat grass
Luzula sylypl ca
Greater woodrush
Miscanthus sinensis'Moming Light'
Maiden grass
Panicum virgatum
Switch grass
Seslarla spp.
Moor grass
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22.110 Sian Regulations
22.110.010 Purpose, Intent and Scope
Signage regulations are intended to promote commerce, traffic safety and community identity while
improving the visual environment of residential, commercial and industrial areas. This code
regulates permanent. temporary, and portable signs.
22.110.020 Prohibited Signs
The following signs are prohibited.
1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control
signs or devices.
2_ Signs that create a safety hazard for pedestrian or vehicular traffic.
3. Flashing signs.
4. Portable signs
5. Signs located within the public right-of-way, except official signs, and except bus benches
placed pursuant to an agreement with the City.
6. Signs attached to or placed on a vehicle or trailer parked on public or private property,
provided that this provision shall not be construed as prohibiting the identification of a
business or its product on a vehicle operating during the normal course of business.
7. Signs obstructing visibility within any Clearview Triangle as established in Section SVMC
2280,
8. Billboards except when permitted as provided in SVMC 22.110.130.
9. Off-premises signs.
10. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050.
11 Abandoned signs and sign structures.
22.110.030 Permit Required.
1 Other than for those uses listed in subsection 2 below, a sign permit Is required for all
allowed permanent signs, temporary signs, and bdiboards.
2 Permits are not required for on-premises official signs; seasonal decorations; merchandise
displays; point-of-purchase advertising displays; national and state flags; flags of a political
subdivision; notice signs, pennants and streamers without advertising copy, symbolic flags
of non-profit Institutions dedicated to public service; legal notices required by law; barber
poles; historic site designations; commemorative monuments/ plaques; gravestones;
advertising copy affixed to phone booths. donation and recycling containers; lettering or
symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in
the normal course of business; political signs supporting political issues, candidates or
ballot measures; replacement of copy on signs otherwise permitted; name plates with less
than 5 sq. ft. of copy area, directional signs with less than 4 sq. ft. of copy area: and murals
containing no copy.
3. Permit Applications shall include a site plan that provides the following information:
a. The location of the affected lot, building(s) and sign(s);
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b. The scale of the site plan;
c. A scaled drawing of the proposed sign or sign revision, Including size, height
copy, structural footing details, method of attachment and Illumination;
d. The location of all existing signs on the site including size and height;
e. For signs subject to spacing regulations, the location of neighboring signs on
adjacent properties;
f. Approved sign plan, if applicable; and
g. Tax parcel number where proposed sign will be located
22.110.040 Number, General Regulations for Permitted Permanent Signs
1. Permitted permanent signs shall comply with the requirements of Table 22.110-1. No more
than the maximum number of either freestanding pole signs or monument sign structures
per parcel.
2. In addition to the permanent signs allowed pursuant to Table 22 110-1 a single decorative
emblem (or standard), constructed of durable vinyl with a thickness of not less than 13 mis.
for every 50 feet of frontage shall be allowed. The lowest horizontal member of the
bracket shall be located at a height of not less than seven feet above the adjacent grade
3. Where three (3) or more single businesses agree to share a single sign structure, an
additional twenty percent (20%) of copy area shall be allowed up to a maximum of 250
square feet.
Tsble22.110-1 Location. Hai ht and Copy Area R uirsrnents
Max
imum
15
is
Land Use
Zoning Distriet
a
$
Additional Provislons
~
'
i
f
r
<
~
y
z
311,
L)
40
Aftsehed Wallls Signs
Institub nat Residential Zones J n1s nfa We Y -25% of well area
Single Business Residential Zoms 1 n-a 60 n/a n/a rVa Y
Non-residential
All Mixed use and
n/a
n1a n/a
n/a
Y
'25% of wall area per
Non-residential
building
Zones
IF $ its
Subdivision/Area
Name/Multi-Family
All Zones
1'
10
32
We
n/a
Na
Y
Complex
Single business
Neighborhood
1
20
100
Ma
Na
5
Y
Business (NC)
l
-t
l
t
t
P
Muttl-business
Complex
Zones
1'
20
We
100
Na
5
Y
er
ree
er a
a
s
frontag?
Single business
Mixed Use and
i
R
i
l
1'
30
Na
100
200
5
Y
Multi-business
es
dent
Non-
a
Zones (except NC)
1-
a0
250
nfa
WIN
5
Y
Complex
Non-residential
'
All Non-Residential
1
50
250
Na
n!a
3
Y
Adjacent to t-®Q on'y
Freeway
Zones
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Tabl■22.110.1 Location ht and Co Area uhrmeMs
Maxi
mum
1E
ii
Z
Y
Land Use
Zoning DlsWel,
$
I
44
3
Additional Provisions
g
tom-
V1
t-
A
r
4
t
iQ
Monument 8 ns
SubdNision/Area
Name1Muni-Family
All Zones
1
10
32
nta
n/a
n/a
Y
Complex
• Per arterial street
frontage
Single Business
Neighborhood
Business (NC)
1 •
7
75
n/a
n1a
5
Y
' Per arterial street
frontage
Multl-Business
Zones
2•
7
90
nla
Na
5
Y
Complex
Single business
Ali Mired Use and
2•
7
90
No
n/a
5
Y
itl
i
b
M
Non-Residential
j
' Per street frontage
u
-
us
ness
Complex
Zones
2'
7
150 nla
nla
5
Y
r~
Directional
All Zones
Na
rVa
rva
5
rVa nla
N
Name Plates
Ali Zones
1
n!a
4
5
n/a I n/a
N
22.110.050 Permitted Temporary Signs
1 Banners are allowed by temporary permit for a period of time not to exceed 30 days with a
single 30 day renewal within any calendar year.
2. Pennants, flags, and streamers, with copy are allowed by temporary permit for a period of
time not to exceed 60 days with a 60 day renewal. Additional temporary permits may be
obtained after 60 days have passed from the date of the expiration of the permit or a party
may obtain a single annual 75 day permit.
3. Special event signage, including search lights and Inflatables are allowed by temporary
permit for a period of time not to exceed 7 days. All signs for a special event are covered
under a single permit. No more then 4 special event permits are allowed In any calendar
year.
4. Temporary on premises commercial signs are allowed without permit when posted in
conjunction with the alteration, construction, sale or lease of real property. Such signs
shall not exceed sixteen (16) square feet In copy area or seven feet (7'-0") in height. All
such signs shall be affixed to either the ground or a permanent structure by rope, wire, or a
mechanical device.
22.110.060 General Provisions Applicable to All Signs
1. All signs Illuminated with exterior lighting shall have lighting confined to the sign, and
positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck
reflectors and lights are permitted on permanent freestanding and wall Signs provided that
lighting or glare does not extend beyond the property line.
2. Electronic signs shall be permitted on the same basis as other signs, subject to the
requirements of Table 22.110-1.
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3. A roof mounted sign may be substituted for an allowed free-standing sign, provided that
the height of the sign structure may not exceed the maximum height requirements of the
zoning district in which the sign is located.
4. Signs located within the airport hazard area shall conform to the location and height
regulations set forth in SVMC19.420.040, Airport Hazard Overlay Zone.
5. No sign shall be erected, relocated or maintained In a manner that prevents the free
ingress or egress from any door, window or fire escape.
6. No sign shall be attached to a standpipe or fire escape except Official Signs.
7. Any sign erected or maintained within five feet (5'-0') of the public rights-of-way shall be
smooth and free of nails, tacks and wires.
8. All signs shall be maintained in good repair pursuant to SVMC 22.110.110
22.110.070 Comprehensive Sign Plan
Commercial development, shopping centers, industrial parks, mixed use developments, and hotel
conference centers exceeding five (5) acres In size may seek approval of a sign plan specific to the
proposed development. The Director of Community Development may approve a comprehensive
sign plan that allows deviations from the strict interpretation of spacing, height and area
requirements when the following is demonstrated:
1. The plan provides adequate signage for all proposed uses; and
2. The plan limits the number of free-standing sign structures; and
3. The total copy area of all signage does not exceed the amount which would otherwise be
permitted.
Any conditions imposed to secure approvals shall be binding on the applicant, his successors and
assigns.
Modifications/Amendments to the approved sign plan shall require reapplication and approval by
the Director. If the Applicant and Director cannot come to an agreement as to a comprehensive
sign plan or a modification/amendment to the same, the Director's decision may be appealed to the
Hearing Examiner pursuant to SVMC 17.50.
22.110.080 Aesthetic Corridors
1. The standards applicable to monument signs shown on Table 22.80-1 shall apply to
parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive
Plan-
a. State Route 27 (16th Avenue south to city limits)
b. State Route 27 (Mansfield to Trent)
c. Appleway Blvd. (south side only from Park Road to Dishman Mica)
d. Appleway Avenue (Barker Road to Hodges)
e. Dishman Mica Road (e Avenue south to City limits)
f. 32nd Avenue within the City limits
g. Mirabeau Parkway (Pines Road to Indiana)
2. Or'y monument signs as shown on Table 22.80-1 shall be allowed with designated
aesthetic corridors.
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22.110.090 Sign Location and Front Setbacks
1. Monument signs exceeding three feet (3'-0') in height shall be setback ten feet from the
front property line and outside any border easement, provided that the requirements of
SVMC 22.80 Clearview Triangles of the Spokane Valley Uniform Development Code have
been met.
2. Freestanding signs with structural supports less than two feet (2'-0") in width, with copy
area placed at a height of seven feet or more above grade, may be located at the property
line, provided that the requirements of SVMC 22.80 Clearview Triangles of the Spokane
Valley Uniform Development Code have been met Freestanding signs with structural
supports of more than two feet shall be set back not less than ten feet from the front
property line or border easement.
3. All temporary signs, except inflatable signs, shall be located at least five feet (5'-0') from
public rights-of-way.
4. Inflatable signs shall be set back at least ten feet from public rights-of-way.
5. All signs shall meet the vertical and horizontal clearance requirements of electric utilities.
6. All new free-standing signs shall be located in a landscaped area in accordance with
SVMC 22.80.030(10). Landscaping should ensure that signs are not blocked or obscured
by trees or bushes.
22.110.100 Sinn Area Calculation
1. Sign area for wall signs shall be no more than twenty-five percent (25%) of the two-
dimensional area of a building's elevation, excluding eaves and gables.
1
SIGN]
Maximum Height
F1 Mlnimum Haight I
Property
Line
Figure 2
[PETE'S PRO GOLF
-1 I
Figure 1
Maximum Height
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Prooertv Lhle Figure 3
Public Hearing Draft - COSV Uniform Development Code Title 22
2. The sign area of a freestanding sign for a single business shall be calculated as shown In
Figure 2 above. The sign area of a freestanding sign identifying multiple businesses shall
be computed by adding together the total area(s) of all signs as shown in Figure 3 above.
3. The sign area for multiple-sided signs shall be calculated as follows:
a. The total sign area for a two-sided sign shall be calculated using a single surface
of a sign with messages on both sides;
b. The sign area for a three-sided sign shall be the sum of all surfaces where two or
more signs share a single structure.
c. The gross surface area of both faces of a V-shaped sign;
d. The copy area of a monument sign.
4. For Irregularly shaped signs, the sign area is calculated by enclosing the extreme limits of
the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall
be the gross surface area. The maximum allowable area Is reduced by ten percent (10%)
for the second and each subsequent rectangle used In the calculation, illustrated below.
a
A
T
Low
IBM
b
(2il D
B
a. Conventional Measurement: Total area = a ' b
b. Sum of Rectangles: Total area = Area (A+Area B+Area C+Area D+Area)
22.110.110 Maintenance of Signs
1. All signs shall be maintained in good repair. The Director of the Community
Development Department shall have the authority to revoke any permit for signs that are
tattered, tam, faded or otherwise in disrepair, and may require the removal of flags,
pennants and streamers which are tom, discolored or in disrepair.
2. All signage shall be maintained by the business, owner, or person in possession of the
property on which the sign is located. Maintenance shall be such that the signage
continues to conform to the conditions imposed by the sign permit.
3. Any damaged sign structure shall be repaired within thirty (30) days of notice.
4. Any signage which has been damaged to such extent that it may pose a hazard to
passersby shall be repaired or removed within forty-eight (48) hours of notice.
5. Any abandoned sign shall be removed by and at the expense of the property owner
within sixty (60) days of notice.
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22.110.120 Existing Nonconforming Signs.
Any permanent sign made nonconforming as a result of the adoption of these regulations may be
repaired, but not structurally altered or made more nonconforming in any way. If the sign is
removed in order to make repairs, it shall be replaced within sixty (60) days, or any nonconforming
rights are terminated. Thereafter, the sign shall conform to the requirements of this Chapter.
Notwithstanding other provisions of this Section, any sign or signs for which a temporary permit
has been issued by the City shall be permitted to remain at the location or locations authorized by
the permit for as long as the permit is valid and all the requirements of the permit have been met.
22.110.130 Billboards
1. New billboards shall be prohibited, provided however that existing billboards may be
replaced at another location with a structure and copy area of equal or smaller size in
mixed use and non-residential zoning except NC- Neighborhood Commercial zoning
districts as follows:
a. No replacement billboard shall exceed fifty feet (50'-0") in height;
b. No replacement billboard shall exceed 672 square feet in copy area;
c. Any replacement billboard may not be placed less than five feet (6-0") from the
property line;
d. No billboard may be located within 1,000 feet of another billboard on the same
side of the street. Any replacement billboa"rd shall be offset from any billboard on
the opposite side of the street by not less than 250 feet. Offset distance shall be
measured from a point perpendicular to and along the alignment of the roadway.
e. The owner of the billboard shall file a complete inventory of all billboards located
within the City, including date erected, height, size and location;
f. Issuance of a permit for billboard replacement shall be accompanied by a permit
for the destruction or removal of the billboard to be replaced; and
g. Any billboard that is not replaced within sixty (60) months following the issuance of
a demo I itionlrem oJal permit shall not be replaced.
2. Replacement billboards shall not be permitted along designated aesthetic corridors.
22.120 Wireless Communication Facilities
22.120.010 Purpose and Intent.
These standards were developed to protect the public health, safety, and welfare, and minimize
visual impacts on residential areas, while furthering the development of wireless communication
services. These standards were designed to comply with the Telecommunication Act of 1996. The
provisions of this section are not intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting wireless communication services.
22.120.020 Permits and Exemptions.
Where a transmission tower or antenna support structure is located in a zoning district, which
allows such use as a permitted use activity, administrative review, and a building permit, shall be
required, subject to the project's consistency with the development standards set forth in SVMC
22.120.040, in instances where the use is not allowed as a permitted use activity, a conditional use
permit and building permit shall be required in addition to a demonstration of consistency with all
required development standards.
Exemption: Wireless radio utilized for temporary emergency communications in the event of a
disaster is exempt from the provisions of this section and shall be permitted in all zones.
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22.120.030 Required Application Submittals.
All applications for wireless antenna arrays and wireless communication support towers shall
include the following:
1. A letter signed by the applicant stating that all applicable requirements of FCC, FAA, and
any required avigation easements have been satisfied.
2. A scaled site plan clearly indicating the location, type and height of the proposed tower,
antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, elevation drawings of
the proposed tower, the equipment structure, fencing, buffering and the type of stealth
technology which will be utilized. The full, detailed site plan shall not be required if the
antenna is to be mounted on an existing structure.
3. The applicant shall have performed and provided a photographic simulation of the
proposed facility from all affected properties and public rights-of-way.
4. The applicant shall provide copies of any environmental documents required by the State
Environmental Policy Act.
5. The applicant shall have demonstrated effort to collocate on an existing support tower or
other structure. New support towers .shall not be permitted within one (1) mile of an
existing support tower unless it is demonstrated that no existing support tower or other
structure can accommodate the proposed antenna array. The City reserves the right to
retain a qualified consultant, at the applicant's expense, to review the supporting
documentation for accuracy.
6. Evidence to demonstrate that no existing support tower or other structure can
accommodate the proposed antenna array may consist of the following:
a. No existing support towers or other structures are located within the geographic
areas required to meet the applicant's engineering requirements.
b. Existing support towers or other structures are not of sufficient height to meet
applicant's engineering requirements.
c. Existing support towers or other structures do not have sufficient structural
strength to support applicant's proposed antenna array and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing support towers or other structures, or the antenna on
the existing support towers or other structures would cause interference with the
applicant's proposed antenna.
7. The applicant of a new tower shall provide a signed statement stating the applicant has
provided notice to all other area wireless service providers of its application to encourage
the co-location of additional antennas on the structure.
8. A signed statement from the owner and/or landlord to remove the facility or obtain another
permit for the facility within six (6) months of when the facility no longer operating as part of
a wireless communication system authorized and licensed by FCC.
9. Proof that all the necessary property or easements have been secured to assure for the
proper construction, continued maintenance, and general safety of the properties adjoining
the wireless communication facility.
22.120.040 Design Standards.
The support tower, antenna array, and supporting electrical and mechanical equipment shall be
installed using stealth technology. Stealth technology applies to all personal wireless service
facilities, including, without limitation, antennas, towers and equipment structures. For any facility,
"stealth technology" means the use of both existing and future technology through which a
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personal wireless service facility is designed to resemble an object which is already present in the
local environment, such as a tree, streetlight, or traffic signal. It also includes:
1. For personal wireless service support towers:
a. If within existing trees, "stealth technology" means:
o The tower is to be painted a dark color,
o Is made of wood or metal; and
o A greenbelt easement is required to ensure permanent retention of the
surrounding trees.
b. Stealth technology for towers in a more open setting means that they must have a
backdrop (for example, but not limited to, trees, a hillside, or a structure) on at
least two sides, be a compatible color with the backdrop, be made of compatible
materials with the backdrop, and that architectural or landscape screening be
provided for the other two sides. If existing trees are the backdrop, then a
greenbelt easement is required to ensure permanent retention of the surrounding
trees.
c. Antennas shall be integrated into the design of any personal wireless service
tower to which they are attached, External projections from the tower shall be
limited to the greatest extent technically feasible.
d. For rooftop antennas or antennas mounted on other structures:
I. For Omni-directional antennas 15 feet or less above the roof, "stealth
technology" means use of a color compatible with the roof, structure or
background.
ii. For other antennas, 'stealth technology" means use of compatible colors
and architectural screening or other techniques approved by the City.
2. For antennas mounted on one or more building facades "Stealth technology' means use of
color and rniaterals such that the facility has architectural compatibility with the building. It
shall be mounted on a wall of an existing building in a configuration as flush to the wall as
technically possible and shall not project above the wall on which it is mounted.
3. For equipment structures "Stealth technology" means locating within a building, or if on top
of a building, with architecturally compatible screening. An underground location, or above
ground with a solid fence and landscaping, is also considered stealth technology.
4. Advertising or display shall not be located on any support tower or antenna array;
however, the owner of the antenna array shall place an identification plate indicating the
name of the wireless service provider and a telephone number for emergency contact on
the site.
5. No artificial lights other than those required by FAA or other applicable authority shall be
permitted. All security lights shall be down shielded, and installed to be consistent with
SVMC Section 22.70.
6. The facility shall be enclosed by a site obscuring secured fence not less than six (6) feet in
height with a locking gate. No barbed wire or razor wire shall be permitted.
7. The support tower foundations, equipment shelters, cabinets or other on-the ground
ancillary equipment shall be buried below ground or screened with a site obscuring
secured fence not less than six (6) feet high. The requirement for a site obscuring fence
may be waived provided the applicant has secured all on the ground ancillary equipment
in a locked cabinet designed to be compatible with and blend into the setting and the
means'of access for the support tower is located a minimum of twelve (12) feet above the
ground.
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8. All support structure(s) for wireless communication antennas shall have their means of _
access located a minimum of eight (8) feet above the ground unless the requirement for a
fence has been waived. J
9. The support tower shall meet the minimum primary structure setback requirements for
the underlying zone.
10. Support towers shall not be permitted inside a public park, public monument or private
holding located within a public park or public monument.
11. The height of the support tower or antenna array above grade shall not exceed the
maximum height identified in Table 22.120-1 below. The height of a support tower shall
include antenna, base pad, and other appurtenances and shall be measured from the
finished grade of the parcel.
Table 22.120-1 Height Limitatioris
Zone
Antenna Array
Support Tower
R-1, Single Family Residential Estate
R-2, Single Family Residential Suburban
20 feet above the zoning
R-3, Single Family Residential Urban
height limitation or 16 feet
b
60 feet
MF-1, Multifamily Medium Density Residential
ove existing structure
a
MF-2, Multi Family High Density Residential
Mixed Use Center (MUC)
Corridor Mixed Use (CMU)
City Center (CC)
20 feet above the zoning
i
ht li
it
ti
16 f
t
h
o
60 f
t
Garden Office
g
m
on
r
ee
e
a
above existing structure
ee
Office
Neighborhood Business (8-1)
Community Business (B-2)
Regional Business (13-3)
20 feet above the zoning
i
ht li
it
20 f
t
h
ti
20 feet higher than the
maximum height allowed in
Light Industrial (I-2)
g
m
on or
ee
e
a
above existing structure
the zone or 80 feet
whichever is less'
ljeavy Industrial (1-3)
'An additional twenty (20) feet in height for each additional antenna array co-located on the support tower, up to a
maximum tower height of one hundred (104) feet, including the height of all antennas.
22.120.050 Landscaping.
Refer to SVMC 22.80 for landscaping requirements applicable to the underlying zoning district.
i
J
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22.130 Streets, Sidewalks and Public Places
22.130.010 Purpose and Intent
The purpose of this Section is to assure the proper function of streets, arterials and the roadway
network. The City of Spokane Valley Arterial Street Plan adopted in the Comprehensive Plan
provides for future expansion of the street network. The intent of this Section is to maintain the
function and safety of the street infrastructure as additional traffic is generated from new
development supported in the Land Use Element of the Comprehensive Plan. This Chapter further
intends to: (1) improve roadway safety; (2) provide for roadway expansion; (3) establish new
roadways; and (4) clarify the authority of the City Engineer in regards to the future location and
width of roadways and right of ways.
22.130.020 Application of Requirements
All new development approvals and permits, including but not limited to, zone reclassifications,
divisions-of-land, conditional uses, variances, administrative permits, site development plans and
permits for new structures or site improvements shall comply with this Section. Any change to a
building, or any change in use of a building or site to such an extent that a permit or certificate of
occupancy is necessary, shall comply with the provisions contained herein. No permit or certificate
of occupancy shall be issued until plans demonstrating compliance with this Section have been
submitted and approved. Site improvements determined to be minor in character and not in
conflict with the purpose of this Section may be deemed exempt by the City Engineer.
22.130.030 Required Improvements and Dedication
Prior to the issuance of any approvals or permits subject to the provisions of this Section, the City
Engineer shall determine the extent and type of roadway improvements required to be constructed
as part of the development proposal. The City Engineer shall utilize the following in determining
the scope of the improvements: the Comprehensive Plan, the Arterial Street Map, the street
CJ construction standards, and the functional, safety, efficiency and coordinated future expansion
needs of the roadway system to serve the traveling public and emergency vehicles. The City
Engineer shall determine the extent of additional right-of-way needed to support these
improvements and the process of dedicating the required land area. The City Engineer shall also
determine if the development proposal can participate in any City Capital Improvement Project as
included on the adopted Six Year Street Improvement Plan. In these cases, the development
proposal will be conditioned to provide a'proportionate contribution to the anticipated project.
22.130.040 Standards for road and sewer construction
1. Pursuant to RCW 35A.11.020 and 35A.12.140 the city adopts by reference the Spokane
County Standards for Road and Sewer Construction. 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 refer to the City Manager or designee. The City
Clerk shall maintain a copy on file.
22.130.050 Regional Pavement Cut Policy.
The Regional Pavement Cut Policy, as it may be amended from time to time, is hereby adopted by
reference and is included as Appendix 22-A. In addition:
A Right-of-Way permit is required of any person or company cutting pavement within
existing City rights-of-way or on City owned infrastructure.
2. Permit fees are established in the Spokane Valley Master Fee Schedule.
3. A pavement cut moratorium is in effect for three years from the date of pavement or
reconstruction of pavement for all arterials, collectors and local access streets.
4. For pavement cuts occurring in roadways constructed or reconstructed beyond the
moratorium period, the requirements are summarized on the following table:
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Table 22.130-1
Arterial Streets:
Years 4-5
Years 6-12
> 12 years
Pra'Itcipal
Full Policy
Full Policy
Modified Policy
Mhor
Full Policy
Modified Policy
Trench Only
Neighborhood Collector
Full Policy
Modified Policy
Trench Only
Local Access
IndustriaXommercial
Modified Policy
Modified Policy
Trench Only
Residential
Modified policy
Modified Policy
Trench Only
Full Policy: Repave full lane width
Modified Policy: Patch to not less than middle of lane
Trench Polcy: No longitudinal joints in wheel path
5. Pavement cuts on roadways ten years old or less will have a warranty period of five
years.
6. Construction and traffic control plans for arterial work and roadways with posted speed
limits of more than 30 M.P.H. shall be submitted as part of the permit application.
22.130.060 Right of way Use
Right-of-way permit and use requirements are set forth in SVMC 9.15.
22.130.070 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MUTCD), as it may be amended from
time to time, is hereby adopted by reference.
22.130.080 Modification of Standards.
The responsibility and authority for developing recommendations for modifying and monitoring the
effectiveness of the standards for road and sewer construction of the City of Spokane Valley may
be delegated to city council committee according to council rules. The council committee shall work
with the city manager, designated staff and others to provide for road and sewer development that
promotes the orderly development of the City and serves the best interest of the residents. The
council shall periodically review the standards for road and sewer construction and modify and
amend the same from time to time, as necessary.
22.130.090 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the
provisions of this article shall rest with the permit applicant and their agents. This article 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.
22.140 Street Vacations.
22.140.010 Purpose.
This chapter establishes the procedures, notice requirements and fees for the vacation of public
streets and alleys within the city in conformance with the authority granted to the city by RCW
35.79 and RCW 35A.47.020.
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1 22.140.020 Initiation of Vacation.
" The owners of an interest in any real property abutting any public street or alley who may desire to
vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the
City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with
the City Clerk.
1. Petition for Vacation. The petition shall be in a form prescribed by the Community
Development Director (hereinafter referred to as the "Director") or his or her designee
and shall be signed by the owners of more than two-thirds of the property abutting the
portion of the street or alley sought to be vacated.
2. Petition fees. Every petition for the vacation of any public street, alley or any part thereof,
shall be accompanied by a fee in an amount established by.resolution of the city to defray
the administrative costs incurred in processing the petition and publishing, posting and
mailing notices. The set amount shall be stated in the City of Spokane Valley Master Fee
Schedule. Once paid, the fees shall not be refunded.
3. Submittal Requirements for Petitions.
Every petition shall be accompanied by the following:
a. A Spokane County Assessor's Map showing with a solid red line the portion of the
street or alley sought to be vacated;
b. A vicinity map showing the general area of the proposed vacation;
c. A copy of the record of survey, if available, for the subject street and alley
proposed for vacation and abutting properties and streets and alleys within 100
J feet on all sides of the proposed vacation;
d. Written evidence of any and all utility easements, other allowances or
reservations, whether public or private, pertaining to the street or alley proposed
for vacation; and
e. A written narrative describing the reasons for the proposed street vacation, the
physical limits of the proposed street vacation and the public benefit of the
proposed street vacation.
4. Setting of Hewing.. Upon receipt of the petition, the fee and all required documents, the
City Clerk shall forward the petition and required documents to the Director, who shall
determine whether the petition has been signed by the owners of more than two-thirds of
the property abutting the part of the street or alley to be vacated. If the petition has been
signed by the requisite percentage of such owners, the Director shall bring the petition
before the City Council within 30 days of receipt of the petition, and the City Council shall
by resolution fix the time when the petition will be heard by the City Council, or a
committee of the City Council, which time shall not be more than 60 days nor less than
20 days after the adoption of the resolution. Where the City Council initiates the vacation
by resolution, that resolution shall fix the time when the proposed vacation will be heard
by the City Council or a committee of the City Council.
5. Staff Report. The Director, in conjunction with the Public Works Department shall
prepare a report concerning the proposed vacation. The Public Works Department shall
evaluate the advisability of the proposed vacation based on the existing and future
1 transportation system needs and requirements. The report shall address the criteria to
be considered by the City Council in determining whether to vacate the street or alley,
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and such other information as deemed appropriate by the Director including but not
limited to drainage requirements, street closure requirements such as the removal and
replacement of concrete, asphalt, and placement of barriers limiting vehicle movements.
In preparing the report, the Director shall solicit comments from the Police Department,
the Fire Department and may solicit comments from other governmental agencies and
utility companies having jurisdiction or utilities within the boundaries of the City. The
report shall be submitted to the Planning Commission and to the petitioner and his or her
representative, not less than seven (7) calendar days before the hearing.
6. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the
petition or proposal for vacation, the City Clerk, or the Director; acting under direction and
supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and
purpose of the hearing by:
a. Posting of a written notice in three (3) conspicuous places in the City;
b. Publishing written notice once in the City's official newspaper;
c. Posting a minimum twenty-four (24) inch by thirty-six (36) inch notice sign in a
conspicuous place at each end of the street or alley sought to be vacated
describing the proposed vacation and the date, time and location of the public
hearing; and
d. Mailing written notice to all petitioners at the addresses on the petition and all
owners of property abutting the street or alley proposed to be vacated, as shown
on the records of the Spokane County Assessor, not to exceed ninety (90)
calendar days from the date of the public hearing. The Director shall send the
same written notice to the representative of the petitioners at the address on the
petition.
7. Protest. If fifty (50) percent or more of the abutting property owners file written objections
to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the
city shall be prohibited from proceeding with the vacation.
22.140.030 Planning Commission Review and Recommendation.
1. The hearing on the petition or proposal shall be held before the Planning Commission
upon the day fixed by resolution or at the time to which a hearing may be adjourned. In
its consideration of the proposed vacation of the street or alley, the Planning Commission
shall render a recommendation based on the following criteria:
a. Whether a change of use or vacation of the street or alley will better serve the
public;
b. Whether the street or alley is no longer required for public use or public access;
c. Whether the substitution of a new and different public way would be more useful to
the public;
d. Whether conditions may so change in the future as to provide a greater use or
need than presently exists; and
e. Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the street or alley or other governmental
agencies or members of the general public.
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f 2. Following the hearing, the Director shall forward the Planning Commission's
recommendation and the hearing minutes to the City Council at a regularly scheduled
meeting. If a hearing is held before the Planning Commission, it shall not be necessary
to hold a hearing before the City Council, provided that the City Council may at its
discretion determine to hold a separate hearing on the proposal.
22.130.040 City Council Decision.
1. Following the hearing and receipt of the Planning Commission's recommendation the City
Council shall determine whether to vacate the street or alley. The determination shall
consider, but not be limited to, the findings of the Planning Commission.
2. If the City Council determines to grant the vacation, the action shall be made by
ordinance with such conditions or limitations as the City Council deems necessary and
proper to preserve any desired public use or benefit. The ordinance shall contain a
provision retaining or requiring conveyance of easements for construction, repair and
maintenance of existing and future utilities and services.
3. Pursuant to RCW 35.79.040, the City Council in approving a street vacation request shall
specify that the vacated portion of the street or alley shall belong to the abutting property
owners, one-half to each, unless factual circumstances otherwise dictate a different
division and distribution of the street or alley to be vacated.
4. The City Council reserves the right to require compensation as a condition of approval of
ordinance action, provided that such compensation shall comply with the requirements of
RCW 35.79.030, and further, that any required compensation shall be paid to the City
prior to the City's participation in required title transfer actions. Any transfer of title
pursuant to this section shall be by quit claim deed.
22.130.050 Vacation of Waterfront Streets.
1. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of
water unless:
a. The vacation is-sought to enable the City to acquire the property for beach or
water access purposes, or launching sites, park, public view, recreation,
educational purposes, or other public uses;
b. The City Council, by resolution, declares that the street or alley is not presently
being used as a street or alley and that the street or alley is not suitable for any of
the following purposes: beach or water access, launching sites, park, public view,
recreation, or education; or
c. The vacation is sought to enable the City to implement a plan, adopted by
resolution or ordinance, that provides comparable or improved public access to the
same shoreline area to which the street or alley sought to be vacated abuts, had
the properties included in the plan not been vacated.
2. Before adopting an ordinance vacating a street or alley under subsection (1)(b) of this
section, the City Council shall:
a. Cause an inventory to be compiled of all rights-of-way within the city that abut the
same body of water that is abutted by the street or alley sought to be vacated;
b. Cause a study to be conducted to determine if the street or alley to be vacated is
unsuitable for use by the city for any of the following purposes: launching sites,
beach or water access, park, public view recreation, or education;
l;
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c. Hold a public hearing on the proposed vacation in the manner required by RCW
35.79 and this chapter; and
d. Include in its written decision a finding that the street or alley sought to be vacated
is not suitable for any other purposes listed under subsection (2)(b) of this section,
and that the vacation is in the public's interest.
3. Notice of the public hearing on the proposed vacation shall be provided in accordance with
SVMC 22.140.020 subsection 6, provided, that the City shall also post notice of the public
hearing conspicuously on the street or alley sought to be vacated, which notice shall
indicate that the area is a public access, that the street or alley is proposed to be vacated,
and that anyone objecting to the proposed vacation should attend the public hearing or
send a letter to the Director indicating the objection.
22.140.060 Application of Zoning District Designation.
The zoning district designation of the properties adjoining each side of the street or alley to be
vacated shall be automatically extended to the center of such vacation, and all area included in the
vacation shall then and henceforth be subject to all regulations of the extended districts. The
adopting ordinance, shall specify this zoning district extension inclusive of the applicable zoning
district designations.
22.140.070 Recording of ordinance.
A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the
City Clerk in the office of the Spokane County Auditor.
22.140.080 Compliance to City Council Conditions.
All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the
city, %
22.140.090 Record of Survey Required.
Following the City Council's passage of the ordinance approving the proposal to vacate the street
or alley, a record of survey prepared by a registered surveyor in the State of Washington and
including an exact metes and bounds legal description and specifying, if applicable, any and all
easements for construction, repair and maintenance of existing and future utilities and services,
shall be submitted by the proponent to the Director. Said record of survey shall contain the
professional stamp and signature of the registered surveyor, and the proponent indicating
acceptance of the vacated.
22.140.100 Monumentation.
The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of-
way with each street or right-of-way in accordance with the standards established by this Chapter.
22.140.110 Costs of Title Transfer to be borne by Proponent.
All direct and indirect costs of title transfer of the vacated street or alley from public to private
ownership including but not limited to title company charges, copying fees, and recording fees are
to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect
costs for the transfer of title.
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22.150. Stormwater Management Regulations
22.150.010 Finding and Purpose.
The increased flow of surface water from the use and development of real property within the City
must be managed to protect persons, property, and the environment. Stormwater facilities are a
common feature of urban development which must be constructed and maintained when property
is developed or redeveloped within a geographic area. The City shall implement policies and
procedures to:
1. Minimize the degradation of water quality in surface and groundwater;
2. Reduce the impact from increased surface water flow, erosion and sedimentation
caused by the development of property;
3. Promote site planning and land development practices that are consistent with the
topographical and hydrological conditions; and
4. Maintain and protect public and private property that is used* and dedicated for
stormwater management_
22.150.020. Definitions.
The following definitions shall apply throughout this chapter:
Best management practices (BMP): Currently available, feasible and generally accepted
techniques or practices that mitigate the adverse impact from the uncontrolled
stormwater on the environment, surrounding properties and infrastructure.
City Property: Real property owned by the City which may include easements,
dedications and rights-of-way.
City Standards: The "Spokane County Guidelines for Stormwwater Management' and
other standards developed or recognized by the Director that relate to best management
practices, threshold - requirements for a site drainage plan, exemptions, permitting
processes forms and such other matters for the administration of stormwater control.
Director: The City Director of Public Works as authorized by the City Manager.
Erosion: The disturbance of land or transportation of soil or other native materials by
running water, wind, ice or other geological agents:
Pollution Generating Impervious Surface (PGIS): Surfaces that are subject to vehicular
use, industrial activities, or storage of erodible or leachable materials that receive direct
rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated with an inert,
non-leachable material. Roofs that are subject to venting of commercial or industrial
pollutants are also considered PGIS. A surface, whether paved or not, shall be
considered PGIS if it is regularly used by motor vehicles. The following are considered
regularly-used surfaces: roads, graveled and/or paved road shoulders, bike lanes within
the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular
storage yards, and airportrunways.
Site Drainage Plan: A plan prepared by a professional engineer licensed in the State of
Washington that identifies the stormwater control area, stormwater facilities and other
measures reasonably required by the Director. The plan shall contain analysis and
recommendations based upon the "City Standards".
Standard Soils: Soils comprised of the Natural Resources Conservation District groups:
Garrison, Springdale, Bonner, and Hagen.
Stormwater: That portion of precipitation or snow melt that has not naturally percolated
into the ground or otherwise evaporated, but is contained, transported or flowing above
ground through streets, swales, channels, pipes, artificial or natural surfaces.
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Stormwater Facility: The drainage system including, but not limited to, drywell, channel,
inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility designed to
contain and control stormwater.
Swale: A constructed depression for the treatment and disposal of stormwater runoff. The
swale shall be designed by an engineer licensed in the state of Washington.
Threshold Requirements: The level of development, volume, or peak flow of stormwater
that must be controlled.
Performance Surety: A financial guarantee that infrastructure required for a project will be
constructed and certified according to the accepted plans and specifications and all
applicable standards.
Warranty Surety: A financial guarantee against defects in the construction of all required
infrastructure for a project.
22.150.030. Regulated Activities.
No person on any public or private real property located within the City, shall engage in the
following regulated activities without first obtaining stormwater control approval from the City. The
regulated activities for development are:
1. Grading of land in excess of 500 cubic yards so as to require environmental review
pursuant to the State Environmental Policy Act;
2. Construction of, or addition to, a building (except a single-family or duplex
residence) or placement of impervious surfaces that exceed 5,000 square feet;
and
3. The subdivision, short subdivision and binding site plan process as defined in
RCW 58.17 and SVNIC Title 20.
22.140.40 Authority to develop and administer standards.
The Director shall develop and administer City Standards that relate to best management practices
and the threshold requirements for the development of stormwater control facilities. The Director is
further authorized to develop policies that relate to the submission and modification of stormwater,
erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be
designed to control and contain stormwater, reduce soil erosion and sedimentation through the use
of temporary and permanent practices and facilities. The requirements shall be designed to permit
flexibility in the choice of stormwater erosion and sediment control methods that meet the specific
circumstances of each site and intended use.
22.150.050. Review Process
Following submittal of a request to engage in a regulated activity, the Director shall review the
proposed regulated activity including any plans or other submitted material, The Director shall
determine whether the regulated activity is exempt from review based upon the threshold
requirements, or alternatively, whether the regulated activity complies with the standards,
specifications and requirements contained in the City standards. The Director may require the
submission of additional material and/or analysis to allow the proponent to demonstrate
compliance with City Standards.
22.140.060. Conditions of Approval.
The Director is authorized to impose development requirements or conditions of approval for the
regulated activities. The stormwater requirements or conditions may be placed on the subdivision,
binding site plan, issued permit, or a recorded maintenance covenant and agreement may be
placed upon a parcel or lot where drainage facilities will be developed.
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Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan,
engineering reports or other relevant data that promotes stormwater control, protection of adjacent
properties, utilities or other stormwater facilities, slope stabilization and the environment.
The recorded covenant and agreement shall be in substantially the following form.
1. " Buyer is purchasing from Seller Lot Block in the final plat of
recorded in the records of the Spokane County Auditor on the _ day of 200
at volume of Plats, Page situated in the City of Spokane
Valley, Spokane County, Washington.
2. In accordance with the final plat and the Conditions of Approval thereof, the above
described lot contains an easement for a drainage swale into which stormwater flows from
paved surfaces within the plat and from roadway and sidewalks adjacent to the plat.
3. The drainage swale has been constructed, sodded with: grass, and connected to a
sprinkler irrigation system. ;
4. The Parties desire to provide for the perpetual maintenance, repair and replacement of the
drainage swale and its irrigation system.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein and the recitals stated above, the Parties agree as follows:
1. Buyer agrees to maintain the drainage stvale on the lot described above by mooring,
fertilizing and watering the grass in the swale to keep the grass healthy and the Swale well-
kept in appearance.
2. Buyer understands that the drainage swale is irrigated by a sprinkler system which is
connected to the house constructed on the Lot described above, and that Buyer will be
providing and paying for water to irrigate the drainage swale. In addition Buyer agrees to
keep the drainage swale irrigation system in good repair and functional for its intended
L i purpose.
3. Buyer agrees to remove litter and debris from the drainage swale and further agrees not to
alter the shape or grade of the drainage swale nor place any object, structure, or vehicle
within the drainage swale.
4. The City of Spokane Valley will clean and repair any drywells, inlets, and pipes that receive
runoff from public right of way and conform to City access standards.
5. Buyer understands and agrees that if the drainage swale is not kept and maintained as
provided herein, the City of Spokane Valley may undertake said maintenance and repair
and charge Buyer for its labor and maintenance.
6. The Agreement shall run with the land in perpetuity unless revoked by the City of Spokane
Valley. "
The City may also enter into a development agreement with the person having ownership or
control of the real property that is subject to this Ordinance. Such development agreement shall be
entered into pursuant to RCW 36.7013.170, et. sec.
22.150.070 Design Elements.
Drainage facilities within single-family or two-family residential subdivisions shall be designed as
follows:
1. Continuous swales running the length of the street located between the curb and sidewalk.
These swales shall be within City right-of-way or within a border easement granted to the
City, or;
_ 2. Consolidated ponds or swales that are located on a separate tract or lot owned by a
homeowners association or dedicated to the City. Consolidated ponds or swales are
acceptable on private commercial developments.
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22.150.080. Design Method.
Drainage ponds and swales located in Garrison or other standard soils shall use the equation
below to determine the size of the facility:
V = 1133 A, where
V = Volume of swale (cubic feet)
A = Pollution generation impervious surface (acres)
All swale designs within the City shall specify the use of an engineered treatment soil. This soil
shall be placed at a minimum thickness of six inches between the native soil and the sod layer.
Engineers designing drainage facilities located in non-standard soils must submit a design
deviation in accordance with SVMC 22.140.090 and receive approval from the Director prior to
utilizing the above method in their design. Geotechnical justification will be required.
22.150.090. Deviations and Appeals
1. Authority. The Director may grant a deviation from the requirements of this
Ordinance or City Standards. In granting any deviation, the Director may prescribe
conditions that are deemed necessary or desirable for the public interest.
2. Deviation Criteria. No deviation shall be granted unless the applicant
demonstrates, to the satisfaction of the Director, the following:
a. Deviations are based upon sound engineering principles, best management
practices and are not inconsistent with the public interest in stormwater control and
environmental protection;.and
b. The granting of the deviation will not be unduly detrimental or injurious to other
properties in the vicinity and downstream.
c. The proposed deviation does not conflict with or modify a condition of approval.
d. Deviations meet requirements for safety, function, appearance, and
maintainability.
3. Prior approval: Any deviation shall be approved prior to acceptance of residential
and commercial construction plans and issuance of any building, approach, or site
work permits.
4. Right of appeal: All actions of the Director in the administration and enforcement of
this chapter shall be final and conclusive, unless within 15 days from notice of the
Director's action, the applicant or an aggrieved party files a notice of appeal with
the Hearing Examiner.
22.150.100. Stormwater Facility Construction and Certification.
All stormwater facilities shall be completed and certified by the proponent's engineer prior
to any final plat, short plat, binding site plan, or the issuance of a permanent Certificate of
Occupancy or final inspection for any associated building. At the discretion of the Director,
a test of the facility may be performed to demonstrate adequate performance. The test
shall be performed in the presence of Public Works personnel.
Acceptance of performance sureties in lieu of completed improvements shall be permitted only
when completion of improvements prior to final land action or permanent Certificate of Occupancy
is impractical (i.e., due to construction season delays or other factors beyond the proponent's
control).
In the event that a performance surety is accepted by the Director, the proponent will complete the
following measures prior to the release of the surety:
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1. All aspects of the drainage facility, including landscaping, irrigation, and establishment of
specified vegetation, shall be completed in accordance with the accepted plans on file with
the City. The proponents engineer shall certify the improvements and request an oversight
inspection from Public Works personnel.
2. An exception may be granted for single-family or two-family residential subdivisions where
the completion of the swales is not practical until such time as the dwellings are
constructed. The proponent shall rough grade the swales to the required volume and
install all drywells, inlets, curb drops and other structures in accordance with the accepted
plans on file with the City. Erosion control measures shall be implemented to protect the
installed drainage structures and to prevent erosion and/or failure of the swale side slopes.
The completion of the landscaping, irrigation, and establishment of specified vegetation
shall be required prior to issuance of the permanent Certificate of Occupancy or final
inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all
public improvements to guarantee against defects in construction. The warranty surety will be for
a period of two (2) years from the date the facility is accepted by the City.
22.150.110. Inspection.
The Director is authorized to field inspect, as appropriate, street, building site, and drainage
construction to verify conformance with City standards and the conditions of approval.
22.150.120. Property Owner Responsibilities.
1. The property owner shall comply with provisions of this section and City standards. The
property owner shall be responsible for repair, restoration, and perpetual maintenance of
the stormwater facility installed on private property and any portion of the swale situated in
a public right-of-way adjacent to their respective properties. For purposes of this chapter,
"repair and restoration" shall mean conforming the stormwater facility to the plans on file
with the City. This responsibility to repair, restore and maintain shall be imposed without
regard to any fault or wrongful intention on the part of the property owner. "Maintenance"
means preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans. "Maintenance" also includes mowing,
irrigating, and replacing when necessary, the lawn turf within the swales. The property
owners within single-family and two-family residential subdivisions are not responsible for
maintenance of structures such as drywells, inlets, and pipes that receive runoff from public
right of way and conform to City access standards. The City of Spokane Valley will maintain
these structures upon acceptance of the public infrastructure.
2. The property owner is responsible for keeping open the drainage and stormwater
easements on their property. If a drainage or stormwater easement is unlawfully
encroached upon or the function of a designated drainage or stormwater easement is
reduced, the property owner is responsible for removing the encroachment or detriment.
3. The property owner is responsible for keeping open maintenance access easements
serving drainage facilities and drainage easements.
4. The Property owner shall not place or permit, and shall immediately remove, vehicles,
equipment, objects, refuse, garbage or litter from the Stormwater Facility.
22.150.130. Public Drainage Facilities.
It shall be unlavAul for any person to throw, drain, pour or otherwise discharge unauthorized waters
or other liquids onto City property, rights-of-way, or border easements, without written permission
of the Director. For purposes of this chapter, unauthorized waters include, but are not limited.to:
1. Groundwater from springs or other natural or artificial sources, foundation drains,
sump pumps, and other means of discharging groundwater to the surface;
2. Surface water containing sediment;
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3. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
4. Water discharged from the cleaning of containers or equipment used in laying,
cutting, or processing concrete and mortar and the water used in such processes;
5. Water discharged from the cleaning of equipment or containers holding paint
solvents or similar contaminants; and
6. Other water posing a safety hazard in the travel way or that could reduce the
effectiveness of stormwater control and treatment facilities.
22.140.140. Failure to Comply - Nuisance.
The following is declared to be unlawful and a public nuisance:
1. The placement, construction, or installation of any structure within, or the connection to, a
public Stormwater Facility without written permission of the Director; or
2. The discharge of stormwater to a public Stormwater Facility without permission of the
Director; or
3. The failure to construct or maintain the Stormwater Facility as required in the permit or site
drainage plan; or
4. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage,
or litter within the stormwater facility.
22.140.150. Enforcement.
Enforcement of this chapter shall be pursuant to SVMC 17.80.
i
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Any Questions?
Public Hearing Draft Title 24 Building Codes
Title 24
Building Codes
24.10 Authority
24.10.010
The City of Spokane Valley (hereafter referred to as the "City") adopts the State Building Code
pursuant to RCW 19.27.031, and additional codes enumerated herein as allowed pursuant to RCW
19.27.040.
24.20 Purpose
24.30 Appeals
The appeal of any decision, order or determination of the building Official shall be made in
conformance with SVMC 17.50.
24.40 Codes Adopted
24.20.010
These regulations have been established in compliance with: the State Building Code Act to
promote the health, safety and welfare of the occupants or usei s'of buildings and structures and the
general public as enumerated in RCW 19.27.020.
24.40.010 General
1. These regulations apply to any structure, equipment,, or activity regulated by the herein
adopted codes. All referenced codes aye available for viewing at the City Permit Center.
2. All codes adopted under the former Title 10 (Ordinance 04-010) shall be in effect and
acceptable,for,,application- tot projects submitted for review and approval prior to July 1,
2007. Nothing in, this section would prevent 'submission of projects for review and approval
under the current codes adopted pursuant to Title 24. After July 1, 2007 projects submitted
for review and approval must conform to.the requirements of this title.
24.40.020 Specific \
The following codes, all. as amended, added to, or excluded in this chapter, together with all
amendments and additions. provided in\this title, are adopted and shall be applicable within the City:
1. Chapter 51-11 WAC Washington State Energy Code
2. Chapter 51-13 WAG'- Washington State Ventilation and indoor air quality
3. Chapter 51-19 WAC Washington State Historic Building Code
4. Chapter 51-50 WAC - State Building Code Adoption and Amendment of the 2006 edition of
the International Building Code; including Appendix chapters F, G, I, and J
5. Chapter 51-51 WAC - State Building Code Adoption and Amendment of the 2006 edition of
the International Residential Code; including Appendix chapters H and J
6. Chapter 51-52 WAC - State Building Code Adoption and Amendment of the 2006 edition of
the International Mechanical Code and of the 2006 edition of the International Fuel Gas
Code
7. Chapter 51-54 WAC - State Building Code Adoption and Amendment of the 2006 edition of
the International Fire Code
Page i of 16
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8. Chapter 51-56 WAC - State Building Code Adoption and Amendment of the 2006 edition of
the Uniform Plumbing Code
9. Chapter 51-57 WAC - State Building Code Adoption and Amendment of Appendix A, B and
Appendix I of the 2005 edition of the Uniform Plumbing Cade
10. The 2006 International Plumbing Code as presently constituted or as may be subsequently
amended; provided, that in the event of conflicts with the State Plumbing Code adoption of
the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and
a determination issued by the Building Official or their designee
11. 2006 edition of the International Existing Building Code
12. 2006 edition of the International Property Maintenance Code, except Sections 106, 111,
302.3-.4, 302.8, 303, 304.2, 304.8, 304.13-.18, 305.3, 305.6, 307, 308.2-.5, 404.1, 507, and
606 are not adopted.
24.40.030 Local Amendments to the Adopted Codes ,
20061ntematfonal Buildinq Code
a. Amend section 105 Permits as follows:
i. Alter the square feet in section 105.2 Work exempt from permit. Building: 1.
to read as follows: One-story" detached accessory structures used as tool and
storage sheds, playhouses and siinilar.use. s provided the floor area does not
exceed 200 square feet (11.15 m2)
ii. Delete text of section 105.5 Expiration in its entirety and replace with the
following: 105.5 Expiration of permits; All permits shall expire by limitation
and be declared void if:
1. Work is not started whin 180 days of obtaining a permit or,
2. Work is abandoned for 180 days or more after beginning work or;
3. Two years from the date of permit issuance.
105.5.1 Completion of work. If a permit expires subject to this
section, and the work authorized under the expired permit is not
complete, a new permit may be obtained for '/2 the permit fee. The
permit fee shall be based on the value of the remainder of the work not
completed under the original permit or the actual cost to the jurisdiction
to complete the permit process, whichever is greater.
105.5.2 Compliance actions. If a permit issued to resolve a code
violation `expires subject to this section, the property owner may be
subject to the immediate imposition of remedies authorized by the
Spokane Valley Uniform Development Code.
iii. Add subsection 105.8 Permit ownership to read as follows:
The ownership of a permit issued pursuant to this title inures to the property
owner. The permit applicant if not the property owner shall be held to be an
agent of, and acting on behalf of, the property owner.
b. Amend section 108 Fees as follows:
i. Delete the text of section 108.4 Work commencing before permit issuance
in its entirety and replace with the following:
Any person who commences any work on a building structure, electrical,
gas, mechanical or plumbing system before obtaining necessary permits
shall be subject to an investigation fee in accordance with the schedule
established by the governing authority or such work.
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The investigation fee shall be equal and additional to the permit fee that
would have been required had a permit been issued and is owed whether
or not a permit is subsequently issued. Payment of the investigation fee
does not vest illegal work or establish any right to a permit.
ii. Delete the text of section 108.6 Refunds in its entirety and replace with the
following:
The Building Official may authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid
or collected.
2. Up to 80% of the permit fee paid when no work has been done
under a permit issued in accordance with this chapter.
3. Up to 80% of the plan review fee paid when an application for a
permit for which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The Building Official shall not authorize refunding of i3ny fee paid except on
written request filed by the"original permittee not later than 180 days after
the date of fee payment,
2. 2006 International Residential Code
a. Amend section R105 Permits as follows:
i. Delete text of section ,105.5 Expiration in its entirety and replace with the
following:
R105.5 Expiration of permits. All permits shall expire by limitation and be
declared void if
.1' Work is not started within 180 days of obtaining a permit or;
2. Work is abandoned for 180 days or more after beginning work or;
3. Two years from the date of permit issuance.
R105.5.1 Completion of work. If a permit expires subject to this
section, and the work authorized under the expired permit is not
complete, a new permit may be obtained for '/2 the permit fee. The
permit fee shall be based on the value of the remainder of the work not
completed under the original permit or the actual cost to the jurisdiction
to complete the permit process, whichever is greater.
:R105.5.2 Compliance actions. If a permit issued to resolve a code
violation expires subject to this section, the property owner may be
. subject to the immediate imposition of remedies authorized by the
Spokane Valley Uniform Development Code.
ii. Add subsection R105.8 Permit ownership to read as follows:
The ownership of a permit issued pursuant to this tittle inures to the property
owner. The permit applicant if not the property owner shall be held to be an
agent of, and acting on behalf of, the property owner.
b. Amend section R108 Fees as follows:
L Delete the text in section R108.4 Work commencing before permit issuance in
its entirety and replace with the following:
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Any person who commences any work on a building structure, electrical, gas,
mechanical or plumbing system before obtaining necessary permits shall be
subject to an investigation fee in accordance with the schedule established by
the governing authority for such work.
The investigation fee shall be equal and additional to the permit fee that would
have been required had a permit been issued and is owed whether or not a
permit is subsequently issued. Payment of the investigation fee does not vest
illegal work or establish any right to a permit.
ii. Delete the text in section R108.6 Refunds in its entirety and replace with the
following:
The Building Official may authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or
collected.
2. Up to 80% of the permit fee paid when no work has been done under a
permit issued in accordance with this chapter.
3. Up to 80% of the plan review fee paid when an application for a permit for
which a plan review fee. has been paid is withdrawn or canceled before any
plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on
written request filed by the original permittee not later than 180 days after
the date of fee payment.
c. Replace Table R301.2(1) CLIMACTIC AND GEOGRAPHIC DESIGN CRITERIA with the
following:
Ground Snow
Wind
S
d
Seismic
D
i
SUBJECT TO DAMAGE FROM
/
Winter
D
i
Ice Barrier
U
d
Flood
Air
Mean
Load'
pee
(Gust)
es
gn
Category
'
Weathering
Frost line
Termites
Decay
es
gn
Tempa
n
edayment
Required
Hazards
Freezing
Index
Annual
Tempt
depth
85
'
Slight to
None
°
2006
39 tbslft
mph
C
Severe
24
Moderate
to
10
F
Yes
1992
1232
47.27
slight
FIRM
" Minimum roof snow load: 30 Ibs1ftd. Add a subsection to section R310 Emergency escape and rescue openings as
< follov
R310.6 Replacement of emergency escape and rescue openings except for
replacement of glazing only in such windows shall be of the size required by this
section.
e. Amend section R324 Flood-resistant construction as follows:
i. Modify R324.1 General to add municipal code reference and read as follows:
All development in whole or in part within a designated floodplain shall comply
with SVMC 21.30 and be designed and constructed in accordance with the
provisions contained in this section.
Add a sentence to sub-section R324.1.3 - Establishing the design flood
elevation such that the section reads as follows:
The design flood elevation is equal to base flood elevation plus one foot. The
design flood elevation shall be used to define areas prone to flooding, and shall
describe, at a minimum, the base flood elevation at the depth of peak elevation
of flooding (including wave height) which has a 1 percent (100-year flood) or
greater chance of being equaled or exceeded in any given year.
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iii. Delete item 1. in sub-section R324.2.1 Elevation requirements and replace
with a new Item 1. to read as follows:
1. Buildings and structures shall have the lowest floors elevated to or above
base flood elevation plus one foot.
iv. Delete item 3. in sub-section R324.2.1 Elevation requirements and replace
with a new Item 3. to read as follows:
3. Basement floors that are below grade on all sides shall be elevated to or
above base flood elevation plus one foot.
v. Add a second paragraph to R324.3.6 Construction documents to read as
follows:
The documents shall include a verification of foundation elevation prior to
footing inspection approval and ' a verification of lowest floor elevation to be
base flood elevation plus one foot prior to framing inspection approval.
3. 2006 International Mechanical Code and 2005-International rues uas c;oae
a. Amend section 106.5 Fees as follows:
i. Delete the text of 106.5.1 Work commencing before permit issuance in its
V V N
entirety and replace with the following:
Any person who commences"any work on a-building structure, electrical, gas,
mechanical or plumblh4' system before'obtaiiiing necessary permits shall be
subject.to an investigation fed in accor=dance with the schedule established by
the governing authority for tucliwork.
' The investigation fee shall be equal and additional to the permit fee that would
have been required had a permit been issued and is owed whether or not a
permit is subsequently issued; Payment of the investigation fee does not vest
illegal wofk or establish any right to a permit.
ii. In section 106.5.2 Fee Schedule insert the following the language where
/indicated:
Spokane Valley Master Fee Schedule
iii. Delete 'the, text of 106.5.3 Fee Refunds in its entirety and replace with the
following: j
The Building Official may authorize the refunding of fees as follows:
1:-' The full amount of any fee paid hereunder that was erroneously paid or
collected.
2. Up to 80% of the permit fee paid when no work has been done under a
permit issued in accordance with this chapter.
3. Up to 80% of the plan review fee paid when an application for a permit for
which a plan review fee has been paid is withdrawn or canceled before any
plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on
written request filed by the original permittee not later than 180 days after the
date of fee payment:
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b. Amend Appendix C to add an exception after the last paragraph in C105.1 Hydrant
spacing as follows:
Exception: The fire chief is authorized to reduce the number of required hydrants
by up to 50% when the building is equipped with an approved, automatic fire
sprinkler system and the fire chief has approved the location of those required fire
hydrants."
c. Amend Appendix D Section D101.1 to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this
appendix and all other applicable requirements of the International Fire Code
including the provisions of Section 503 Fire Apparatus Access Roads.
4. 2006 Unifom Plumbing Code
a. Amend section 103.4.5 Fee Refunds as follows:
L Delete the text of section 104.5.1 in its entirety and replace with the following:
The Building Official may authorize the refunding of the full amount of any
fee paid hereunder that,vdas erroneously paid or collected.
ii. Delete the text of section 104.5.2 in its entirety and replace with the
following:
The Building Official, may authorize the refunding of up to 80% of the permit
fee paid when no work has been done under a permit issued in accordance
with this chapter. N
iii. Delete the text of section 104.5.3 in its entirety and replace with the
following:
The Building Official may.'authorize, the'refunding of up to 80% of the plan
review fee paid when an; application for a permit for which a plan review fee
has been paid, is withdrawn. or canceled before any plan reviewing is done.
i
The Building Official shall not authorize refunding of any fee paid except on
written request filed_ by `the original permittee not later than 180 days after
the date of fee payment:
5. 2006 Intemational Plumbing Code
a. Amend section 106.5 Fees as follows:
i. Delete the text of 106.5.1 Work commencing before permit issuance in its
entirety and replace with the following:
Any person who commences any work on a building structure, electrical, gas,
mechanical or plumbing system before obtaining necessary permits shall be
subject to an investigation fee in accordance with the schedule established by
the governing authority for such work.
The investigation fee shall be equal and additional to the permit fee that would
have been required had a permit been issued and is owed whether or not a
permit is subsequently issued. Payment of the investigation fee does not vest
illegal work or establish any right to a permit.
ii. In section 106.5.2 Fee Schedule insert the following the language where
indicated:
Spokane Valley Master Fee Schedule
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iii. Delete the text of 106.5.3 Fee Refunds in its entirety and replace with the
following:
The Building Official may authorize the refunding of fees as follows:
The full amount of any fee paid hereunder that was erroneously paid or
collected.
2. Up to 80% of the permit fee paid when no work has been done under a
permit issued in accordance with this chapter.
3. Up to 80% of the plan review fee paid when an application for a permit for
which a plan review fee has been paid is wtiidrawn or canceled before
any plan reviewing is done.
is
The Building Official shall not authorize refunding of any fee paid except on
written request filed by the original permittee not later than 180 days after the
date of fee payment.
r l
6. 20061nternational Existing Building Code-Reserved
7. 2006 International Property Maintenance Code
a. Amend section 202 General Definitions by adding the following definitions:
L Drug properties and structures. Any, `building, structure and/or associated
property, identified, by the Chief of Police, wherein or upon which the
manufacture, distribution, production or storage of illegal drugs or the
precursors to create illegal drugs: has taken place in a manner which could
endanger: the public.
ii. Blighted property. A property; dwelling, building, or structure which constitutes
.blight on the surrounding neighborhood. °Blight on the surrounding
ne'ighborhood"- is.~any property, dwelling, building, or structure that meets any
'two '.of the following factors:
1 A dwelling, building, or stnicture exists on the property that has not been
lawfully occupied fora period of one year or more;
2. The property, dwelling, building, or structure constitutes a threat to the
public health, safety, or welfare as determined by the executive authority
of the City or designee;
3. The property, dwelling, building, or structure is or has been associated
with illegal drug activity during the previous twelve months.
b~A end sectio,n'202 General Definitions by deleting'the following definitions:
i. Garbage
ii. Housekeeping unit
iii. Inoperable Motor Vehicle
c. Amend section 108 Unsafe structures and equipment as follows:
Add a new sub-section 108.6 Drug properties and structures. to read as
follows:
Drug properties and/or structures are declared to be unsafe properties or
structures and are a classification of property subject to the special procedures
set forth in section 108.6. The Building Official is authorized to abate such
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unsafe buildings, structures, and/or associated properties in accordance with
the procedures set forth in this code and Washington statute, RCW 64.44.010,
with the following additional actions:
1. Due to public safety hazard in drug production facilities, all public and
private utilities shall be disconnected.
2. Building(s) and structures shall be inspected to determine compliance
with all City ordinances and codes.
3. Building(s) and any entry gates to the property shall be secured against
entry in the manner set forth in this code;
4. Reconnection of utilities or occupancy of, the building(s), structures or
property shall not be allowed until all violatioris have been addressed, all
dangerous conditions abated and a notice of release for re-occupancy
has been received from the health department.and sheriffs office.
5. If dangerous conditions cannot be abated, occupancy shall be prohibited
and the structure and/or property may be subject to condemnation
pursuant to RCW 35.80A.010, Condemnation of blighted property.
ii. Add a new sub-section 108.7 Blighted properties. to read as follows:
In, conformance with RCW 35.80A.010, the City may acquire by condemnation,
in accordance with the notice `requirements and other procedures for
condemnation provided in Title 8 RCW, any property, dwelling, building, or
structure which constitutes a blight on the surrounding neighborhood.
Prior to such condemnation, the City Council shall adopt a resolution declaring
that the acquisition of the real property described therein is necessary to
eliminate neighborhood blight. Condemnation of property, dwellings, buildings,
and structures for the purposes described in this chapter is declared to be for a
public use.
d. Replace the code reference, lntemational Plumbing Code, in section 505.1 General
with the following:
the State adoption of the Uniform Plumbing Code.
e. Delete the text of section 602.2 Residential occupancies and replace with the
following:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms.
Cooking appliances shall not be used to provide space heating to meet the
requirements of this section.
f. Delete the text of section 602.3 Heat supply and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more
dwelling units or sleeping units on terms, either expressed or implied, to supply
heat to occupants thereof shall provide heat to maintain a temperature of 68° F (20°
C) in all habitable rooms, bathrooms, and toilet rooms.
g. Replace paragraph one of section 602.4 Occupiable work spaces with the
following:
Indoor occupiable work spaces shall be supplied with heat to maintain a
temperature of 65° F (18° C) during the period the spaces are occupied.
f. Replace the code reference, 1CC Electrical Code, in section 604.2 Service with the
following: the State adoption of the NEC.
` i
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24.50 Excavation, Fill and Gradin
24.50.010 Purpose
This chapter safeguards the public health, safety and welfare by regulating grading and excavation,
including fills and embankments, on public and private property located within the City and
establishes procedures for the issuance of permits; approval of plans and inspection of grading
construction.
24.50.020 Permit Required
Except as specified in SVMC 24.50.030, all excavation, fill, grading and leveling of land requires a
Spokane Valley Grading Permit. All grading within the City shall comply with the Washington State
Environmental Policy Act. ;
24.50.030 Exempted Work
A Grading Permit shall not be required for the following:
1. Grading in an isolated, self-contained area if there is no danger to private or public
property, provided however, that any grading in any critical area, floodplain or floodway
shall not be exempt from a Grading Permit.
2. Work located within a dedicated public right-of-way.
3. Landscape ponds or water features that do not exceed 500 sq feet water surface area or
three feet in depth and are fully lined with an approved synthetic pond liner.
4. Excavation below finished grade for basements and footings of a building, retaining wall or
other structure less than four feet in depth. or authorized by a valid' building permit. This
shall not exempt any fill made with the materlal from\such excavation or exempt any
j excavation having` an unsupported height ,greater than 5 feet (1524 mm) after the
completion of such structure.
5. Cemetery graves.
6. Refuse disposallsites controlled by other'regulations.
7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment
staging, not including roads, facilitating the'excavation. This also includes excavation work
done to facilitate the Septic Tank Elimination Program.
8. Mining, quarrying;.excavat ng, processing or stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law, provided such operations do not affect the
lateral support or increase the stresses in or pressure upon any adjacent or contiguous
property.
9. Exploratory excavations under the direction of a professional engineer or professional
geologists.
10. An excavation that
a. is less than two (2) feet in depth or;
b.does not create a cut slope greater than five (5) feet in height and steeper than one
(1) unit vertical and one and one half (1 units horizontal (66.7% slope).
11. A fill less than one (1) foot in depth and placed on natural terrain with a slope flatter than 1
unit vertical in 5 units horizontal (20% slope).
12. Fill less than 3 feet in depth that
a, is not intended to support structures;
b. Does not exceed 50 cubic yards on any one lot; or
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c. Does not obstruct a drainage course.
This exemption includes landscape berms if no slope is created greater than 1 unit
vertical in 1 '/s units horizontal (66.7% slope); is not more than five feet (5') in
height; creates no danger to private or public property, and is otherwise permitted.
Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction, the state of Washington or the United States
of America.
24.50.040 Testing
The standards listed below are, for the purpose of this Code, recognized standards:
1. ASTM D 1557, Test Method for Laboratory Compaction. Characteristics of Soil Using
Modified Effort
2. ASTM D 1556, Test Method for Density and Unit ,Weight of Soil. In Place by the Sand-Cone
Method
3. ASTM D 2167, Method for Density and Unit Weight of Soil In Place by the Rubber Balloon
Method %
4. ASTM D 2937, Test Method for Density of Soil In Place, by the Drive-Cylinder Method
5. ASTM D 2922, Test Methods for Density of Soil and Soil-Aggregate In Place by Nuclear
Methods (Shallow Depth)
6. ASTM D 3017, Test Method ,for- Water Content of Soil and Rock in Place by Nuclear
Methods (Shallow Depth)
7. ASTM D 698, Moisture-density Relations of'Soils and Soil Aggregate Mixtures.
8. ASTM D 2488, Practice for Description; and Identification of Soils (Visual-Manual
Procedure).
9. ASTM D 2487; Test Method for Classification of Soils for Engineering Purposes (Unified
Soil Classification System)
24.50.050 Hazards z.
1. . Whenever any existing excavation, embankment or fill on public or private property has
become a hazard to persons or property, or adversely affects the safety, use or stability of
a public way or drainage. channel, the owner, owner's agent or other person in control of
the property, shall repair or eliminate the excavation or embankment, within the period of
time specified on the'written notice.
2. Unless exempt, any excavation, grading or fill
considered hazardous and a public nuisance,
penalties as found in SVMC 17.60.
2450.060 Permit Requirements
1. Grading Permit Requirements:
performed without a permit, shall be
subject to all enforcement actions and
a. A separate permit shall be obtained for each site, and may cover both excavations
and fills.
b. Grading commenced without first obtaining a grading permit from the City, unless
pursuant to SVMC 24.50.030 is subject to all penalties described in SVMC 17.60,.
including the assessment of an investigative fee for the portion of the work
accomplished without a permit pursuant to International Building Code section
108.4 Work commencing before permit issuance based on the value of the work
accomplished illegally. The fee is payable prior to the acceptance of a grading
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permit application. Payment of the investigative fee does not vest the illegal work
with any legitimacy, nor does it establish any right to any permit for continued
development of the project. Excavation or fill work that remains illegal for 90 days
after service of a stop work order shall be deemed hazardous.
c. The provisions of Section 106.1.1 Information on Construction Documents apply to
application for a Grading Permit Applicant shall note the estimated quantities of
materials involved on the Spokane Valley Grading Permit Application.
d. Grading involving less than 500 cubic yards shall be designated "regular grading"
unless the permittee elects "engineered grading,' or the submitted plans are
prepared by a Washington-licensed design professional, or the Building Official
determines that special conditions or unusual hazards exist, in which case grading
shall conform to the requirements for engineered grading
2. Engineered Grading
Grading, fill or excavation in excess of 500 cubic yards or located in critical areas or
floodplains, require construction plan,/specifications prepared by a professional engineer
licensed to practice in the state of Washington, and shall be designated as "engineered
grading."
a. Application for a grading permit shall be made on a form prepared by the City and
accompanied by two sets of plans and specifications, and supporting data.
b. Supporting data includes but is not limited to soils engineering report and/or an
engineering geology report, prepared, signed and sealed by Washington-licensed
professionals. That individual shall be considered the registered design
professional in responsible charge`
c. Plans shall be drawn to scale sufficient to illustrate the nature and extent of the
proposed work, signed and sealed by the design professional and shall include the
following: /
i. Vicinity map of the proposed site.
ii. Property limits and accurate contours of existing ground and details of
terrain and area drainage. '
iii. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
iv. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with, or as
a part of, the proposed work, together with a map showing the drainage
area and the estimated runoff of the area served by any drains.
v. Designated 100-year floodplains-
A Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans or
specifications. When approved by the Building Official, specific
recommendations contained in the soils engineering reports and the
engineering geology reports, which are applicable to grading, may be
included by reference.
vii. Location of any buildings or structures on the property where the work is
proposed and the location of any buildings or structures on land of
adjacent owners that are within 15 feet of the property or that may be
affected by the proposed grading operations.
viii. A SEPA checklist shall be submitted, along with all other plans to
complete an application.
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ix. The dates of the soils engineering and engineering geology reports
together with the names, addresses and phone number of the firms or
individuals who prepared the reports and their professional stamp and/or
seal.
3. Residential subdivision grading plans shall also include the following:
Grading associated with residential subdivision development shall be engineered grading.
Plans for residential subdivision grading shall contain the following details in addition to the
general information required under SVMC 24.50.060(2)
a. Details of subdivision construction to mitigate the effects of storm water and irrigation
run off for all lots and areas of the subdivision. Specific site construction
requirements to mitigate collection of water in crawlspaces and basements shall be
provided.
b. Final location of all grading construction spoils.. If spoils are placed on building lots,
the surface overburden, Le, topsoil and any underlying soils not conforming to the
project requirements of the lots shall be removed prior to the placement of any
other fill. If lots are comprised of fill materials more than two feet in depth, the
compacted fill materials below two feet in depth from finished. grade shall have a
minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if
the foundation is placed on fill materials, a 'foundation analysis and design,
prepared by a licensed Washington engineer shall be required to be submitted
with any subsequent Spokane Valley Building Permit Application.
c. Maximum and minimum elevations for all basement and crawl space floors.
Maximum and minimum elevations for the.top of foundation walls. Maximum
elevation for lot/ property boundary lines to provide positive drainage from building
sites.
d. Requirements for swales or drainage devices to manage storm water and landscape
irrigation runoff.
4. All ponds, Viater features and man-made lakes greater than 500 sq. ft. in surface area shall
be engineered grading. Plans and specifications for ponds, water features and man-made
lakes greater than 500 sq. ft. in surface area shall contain the following details in addition to
the information required under SVMC 24.50.060(1&2):
a. Plot plan showing the location of all proposed pond construction relative to any lot
line, utility easement, septic system or replacement area for septic systems.
b. Details of pond construction including section views, soil materials, lining material,
special inspection/observation program and spoils disposal. Provide proposed final
water surface elevation.
c. Details of any water retention device or dam along with provisions for overflow.
d.Written approval of a water source required to maintain the pond demonstrated by
water rights, well permit or other documentation provided by state of Washington
Department of Ecology (DOE). Indicate classification and status with respect to
DOE dam safety regulations (Chapter 173-175) if exempt; justification of exempt
status is required.
e. Proof of notification of the proposed construction submitted to the U.S, Army Corp of
Engineers.
f. If fish-are proposed to be stocked in the pond, proof of Washington Fish and Game
approval is required.
6. Private Driveways in excess of 150 feet in length measured from the intersection of the
public way to the building the driveway serves shall be considered engineered grading '
regardless of the amount of excavation or fill required for construction. Specifications for J
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these private driveways shall contain the following details in addition to the information
i required under SVMC 24.50.060(1&2):
a.Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6
inches.
b.Surface. The surface of a private driveway shall be designed and maintained to
support a 75,000 pound fire truck. The road shall be surfaced so as to provide all-
weather driving capabilities.
c. Turn radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used
if a design is submitted that will allow a 75,000 pound fire truck to drive over the
curb or road shoulder.
d.Turnaround. For private driveways over 150 feet in length, a 120 foot hammerhead,
60 foot "Y" or a 96 foot diameter cul-de-sac is required.
e.Grade. Private driveways equal to or exceeding,a' 1b% slope are required to have
those areas of the driveway that equal or exceed a 10% slope paved with a hard,
non slip, water repellant surface, such as asphalt or Portland'cement concrete.
7. The soils engineering report shall include data regarding the nature, distribution and
strength of existing soils. Conclusions and recommendations for grading procedures and
design criteria for corrective measures; including buttress fills, when necessary, and an
opinion on adequacy for the intended use of sites to.be developed by the proposed grading
as affected by soils engineering factors, including the. stability of slopes shall be included.
8. The engineering geology report shall include an adequate description of the geology of the
site, conclusions and recommendation's regarding the effect of geologic conditions on the
proposed development, and opinion on the adequacy for the intended use of sites to be
developed by the proposed grading, as affected by geologic factors.
9. Regular Grading Requirements.`' Each' application'. for a grading permit shall be
accompanied by a plan insufficient clarity to indicate the nature and extent of the work. The
plans shall give the location: of the work` the name of the owner and the name of the person
who prepared the plan. The plan shall include the following information:
ta. General vicinity of the proposed site `
b, Limiting dimensions and depth of cut and/or fill, Total volume of cut or fill,
,-'c. Location. of 'any buildings or structures where work is to be performed and the
location of.any'buildings or structures within 15 feet of the proposed grading.
24.50 070 Excavation and Fill`` "
1. All`excavation or fill, within Pipeline Hazard areas identified in SVMC19.130.040 shall meet
the standards and notification requirements of that section.
2. Unless otherwise recommended in the approved soils engineering or engineering geology
report, the slope of cut surfaces shall be no steeper than is safe for the intended use and
shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes
steeper than 50% shall require an Engineered Grading Permit.
3. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units
horizontal (50% slope). The ground surface shall be prepared to receive fill by removing
vegetation, non-complying fill, topsoil and other unsuitable materials and scarifying to
provide a bond with the new fill. Where slopes are steeper than 1 unit vertical in 5 units
horizontal (20% slope) and the height is greater than 5 feet, an Engineered Grading shall
be required.
4. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted
by the building official, no rock or similar irreducible material with a maximum dimension
greater than 12 inches shall be buried or placed in fill.
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5. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on
the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10
feet or more below grade, measured vertically. Rocks shall be placed so as to assure
filling of all voids with well-graded soil.
6. All fills shall be compacted to a minimum of 90 percent of maximum density.
24.50.080 Setbacks
1. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the
vertical height of cut with a minimum of 2 feet.
2. The toe of fill slope shall be made not nearer to the site boundary line than one half the
height of the slope with a minimum of 2 feet with no required set back from the boundary
greater than 20 feet. Where a fill slope is to be located near the site boundary and the
adjacent off-site property is developed, special precautions shall be incorporated in the
work as the building official deems necessary to protect the adjoining property from
damage as a result of such grading. These precautions include but are not limited to:
a.Additional setbacks.
b. Provision for retaining or slough walls.
c. Mechanical or chemical treatment of the fill slope surface to minimize erosion.
d. Provisions for the control of surface waters.
e. Consultation with a professional engineer.
3. The building official may approve. alternate setbacks. The building official may require an
investigation and recommendation by a`qualified professional engineer or professional
geologist to demonstrate that the intent of this section has been satisfied.
.l
24.50.090. . Drainage and Terracing
1. Unless otherwise indicated on the approved soils engineering report, drainage facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1
unit vertical in 3 units horizontal (36.3% slope).
2. Terraces at least 8 feet in width shall be established at not more than 30-foot vertical
interval's on all cut or fill slopes to control surface drainage and debris. Where only one
terrace is required, it shall be at mid-height. Cut or fill slopes greater than 60 feet in height
shall be designed by a professional engineer and shall be considered Engineered Grading.
3. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be
paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved
equal paving. They shall have a minimum depth at the deepest point of 1 foot and a
minimum paved width of 5 feet.
A single run.of swale or ditch shall not collect runoff from a tributary area exceeding 13,500
square feet (projected) without discharging into a down drain.
4. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
5. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary
drainage area above slopes toward the cut and has a drainage path greater than 40 feet
measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches of
reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum
depth of 12 inches and a minimum paved width of 30 inches measured horizontally across
the drain. The slope of drain shall be approved by the building official.
6. All drainage facilities shall be designed to carry 100 year event waters to the nearest
practicable drainage way or other discharge point approved by the building official. Erosion
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of ground in the area of discharge shall be controlled by installation of down drains or other
devices.
7. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of
collection so as to not create a hazard. Lots shall be graded so as to drain surface water
away from foundation walls. The grade away from foundation walls shall fall a minimum of
6 inches within the first 10 feet.
8. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches of fall
within 10 feet, drains or swales shall be provided to ensure drainage away from the
structure.
24.50.100 Erosion Control
1. The faces of cut and fill slopes shall be prepared and maintained to control erosion. The
protection for the slopes shall be installed as soon as, practicable and prior to calling for
final approval. An Erosion Control Plan shall be submitted for approval in conjunction with
2. Where necessary, check dams, cribbing, riprap or other devices or methods shall be
employed to control erosion and provide safety%
3. Seeding and planting of erosion control vegetation may be delayed 'until the next planting
season, provided that a bond or surety is"' executed,-in favor of the. City to assure
performance.
4. The City may require professional inspection and. testing by a soil engineer. When the
building official has cause to believe that geologic "factors may be involved, the grading will
be required to conform to Engineered Grading requirements.
24.50.110 Fees ` -
1. Fees, including Plan Review shall be assessed in accordance with the Spokane Valley
L f Master Fee Schedule"
2. When a plan or other data is required to be submitted, a plan review fee shall be paid at the
time of submitting plans and specifications for review.
3. For exca anon and fill on the same site, the fee will be based on the volume of excavation
or fill, whichever is greater.
4. Sepafate.permits and fees shall apply, to retaining walls or major drainage structures as
otherwise required. There shall be no separate charge for standard terrace drains and
similar facilities.
24.50.120 Inspections and Final Report
1. Professional observation and testing to determine conformance with project plans and
specifications of grading operations shall be provided by professional engineer and/or the
professional geologist retained to provide such services. That individual shall be the
registered design professional in responsible charge.
2. The professional geologist shall provide professional observation and testing to determine
conformance with project plans and specifications within such engineer's area of technical
specialty, which shall include professional observation and testing of the bedrock
excavation to determine if conditions encountered are in conformance with the approved
report. Revised recommendations relating to conditions differing from the approved
engineering geology report shall be submitted to the soils engineer.
3. The professional engineer shall provide professional observation and testing to determine
conformance with project plans and specifications within such engineer's area of
competence, which shall include observation and review during preparation of the natural
ground, site grading, placement of fill, testing for compaction as well as establishment of
line, grade and surface drainage of the development area. If actual work will differ from the
approved plans and reports and revised, plans are required during the course of the work,
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they shall be prepared under the direct supervision of the professional engineer and
submitted to the building department for review and approval prior to any revised work
commencing.
4. The permittee shall be responsible for work to be performed in accordance with the
approved plans and specifications and in conformance with the provision of this article, and
the permittee shall engage consultants, if required, to provide professional inspections on a
timely basis. The Permittee shall act as a coordinator between the consultants, the
contractor and the building department.
5. Revised plans, if any, shall be submitted for approval prior to any changes.
6. The Building Official or their designee shall inspect the project and/or the inspection
documents at the various states of work requiring approval.to determine that the project is
within the requirements of this article.
7. Permittee shall request a final inspection upon completion of the project, following
installation of all approved drainage facilities and erosion-control measures.
8. If, in the course of fulfilling their respective duties under this article, the design professional
in responsible charge finds that the work.J not in conformance with this article or the
approved grading plans, the discrepancies shall be reported immediately in writing to the
permittee and to the Building Official.
9. If the registered design professional in responsible charge is changed during the execution
of the Spokane Valley grading permit, the work. shall be stopped until the replacement has
been named and been approved by the Buildirig.Ofifcial. Further, that replacement shall
agree in writing to accept their responsibility within,the area of technical competence. It
shall be the duty of the permittee to notify the Building Official in writing of such change
prior to the recommencement of such grading.
10. Upon completion of the rough grading work and at the final completion of the work, the
design professional in responsible charge for engineered grading or when professional
observation aril testing to determine conformance with project plans and specifications is
performed for regular grading, as applicable, shall submit record plans and final report.
Those plans and reports shall indicate:
a. All grading work was done in conformance with the approved plans,
b. All discrepancies encountered with the approved plans and resolutions of those
discrepancies.
c. All plans and reports shall bear the stamp or seal of the licensed professional
preparing the report.
11. The Permittee shall notify the Building Official when the grading operations read for final
inspection. Final approval shall not be given until all the work, including installation of all
drainage facilities and their protective devices, and all erosion-control measures have been
completed in accordance with the final approved grading plan, and the required final
reports have been submitted to the City.
24.50.130 Enforcement
Work done in violation of any of the provisions of this chapter is declared to be a public nuisance
and subject to enforcement pursuant to SVMC 17.60.
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APPENDIX A
i DEFINITIONS
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 judgment of the person administering the Code.
2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary.
3. The present tense includes the future, and the future the present.
4. The singular number includes the plural and the plural the singular.
5. Use of male designations shall also include female.
Definitions
AASHTO: American Association of State Highway and Transportation Officials.
Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure
on that property, without any intention of transferring rights to the property or structure to another owner,
tenant, or lessee, or of resuming the owner's use of the property. "Abandoned' shall include but not be
limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
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.
ADA: Americans with Disabilities Act.
Adequate Public Facilities: Facilities which have the capacity to serve development without decreasing
levels of service below locally established minima.
Administrative Exception: A minor deviation from standards specified in this Code.
Adult Entertainment:
• Adult arcade device: sometimes also known as "panoram," "preview," "picture arcade,"
• Adult arcade: or "peep show," Any device which, for payment of a fee, membership fee, or
other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital
display of specified sexual activity, or live adult entertainment in a booth setting. All such
devices are denominated under this chapter by the term "adult arcade device." The term "adult
arcade device" as used in this chapter does not include other games which employ pictures,
views, or video displays, or gambling devices which do not exhibit or display adult
entertainment.
• Adult arcade establishment: A commercial premises to which a member of'the public is
invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or
display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or
live adult entertainment in a booth setting to a member of the public on a regular basis or as a
substantial part of the premises activity.
• Adult arcade station or "booth: An enclosure where a patron, member, or customer would
ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment
performance, exhibition, or dance in a booth. Adult arcade station or booth refers to the area in
which an adult arcade device is located and from which the graphic picture, view, film,
videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed.
These terms do not mean such an enclosure that is a private office used by an owner,
manager, or person employed on the premises for attending the tasks of his or her
employment, if the enclosure is not held out to any member of the public for use, for hire, or for
a fee for the purpose of viewing the entertainment provided by the arcade device or live adult
entertainment, and not open to any person other than employees.
• Adult entertainment establishment: collectively refers to adult arcade establishments and live
adult entertainment establishments, as defined herein.
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• Adult Retail Use Establishment: A retail use establishment which, for money or any other
form of consideration, devotes a significant or substantial portion of stock in trade, to the sale,
exchange, rental, loan, trade, transfer, or viewing of adult oriented merchandise. i
• Adult Oriented Merchandise: Any goods, products, commodities, or other ware, including but
not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards,
periodicals or non-clothing novelties which depict, describe or simulate specified anatomical
area or specified sexual activities.
• Applicant: An individual or entity seeking an adult entertainment establishment license.
• Applicant control person: All partners, corporate officers and directors and other individuals in
the applicant's business organization who hold a significant interest in the adult entertainment
business, based on responsibility for management of the adult entertainment establishment.
• Employee: Any person, including a manager, entertainer or an independent contractor, who
works in or at or renders services directly related to the operation of an adult entertainment
establishment.
• Entertainer: Any person who provides live adult entertainment within an adult entertainment
establishment as defined in this section, whether or not a fee is charged or accepted for
entertainment.
• Licensing administrator: The director of the Community Development Department of City of
Spokane Valley and his/her designee and is the person designated to administer this Code.
• Liquor: All beverages defined in RCW Section 66.04.200.
• Live adult entertainment:
1. An exhibition, performance or dance conducted in a commercial premise for a member
of the public where the exhibition, performance, or dance involves a person who is
nude or seminude. Adult entertainment shall include, but is not limited to performances
commonly known as "strip tease";
2. An exhibition, performance or dance conducted in a commercial premises where the
exhibition, performance or dance is distinguished or characterized by a predominant
emphasis on the depiction, description, simulation or relation to the following "specified
sexual activities":
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or
bestiality,
c. Fondling or other erotic touching of human genitals,-pubic region, buttocks, or
female breasts; or
3. An exhibition, performance or dance that is intended to sexually stimulate a member of
the public. This includes, but is not limited to, such an exhibition, performance, or
dance performed for, arranged with, or engaged in with fewer than all members of the
public on the premises at that time, whether conducted or viewed in an arcade booth or
otherwise, with separate consideration paid, either directly or indirectly, for the
performance, exhibition or dance and that is commonly referred to as table dancing,
couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
• Live adult entertainment establishment: A commercial premises to which a member of the
public is invited or admitted and where an entertainer provides live adult entertainment, in a
setting which does not include arcade booths or devices, to a member of the public on a regular
basis or as a substantial part of the premises activity.
• Manager: Any person who manages, directs, administers or is in charge of the affairs or
conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult
entertainment establishment.
• Member of the public: A customer, patron, club member, or person, other than an employee,
who is invited or admitted to an adult entertainment establishment.
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• Nude or seminude: A state of complete or partial undress in such costume, attire or clothing
so as to expose any portion of the female breast below the top of the areola or any portion of
the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
• The words "open to the public room so that the area inside is fully and completely visible
to the manager": There may be no door, curtain, partition, or other device extending from the
top of the door frame of an arcade booth or station, with the exception of a door which is
completely transparent and constructed of safety glass as specified in the International Building
Code, so that the activity and occupant inside the enclosure are fully and completely visible by
direct line of sight to the manager located at the manager's station which shall be located at the
main entrance way to the public room.
• Operator: Any person operating, conducting or maintaining an adult entertainment
establishment.
• Person: Any individual, partnership, corporation, trust, incorporated or unincorporated
association, marital community, joint venture, governmental entity, or other entity or group of
persons however organized.
• Premises: means the land, structures, places, the equipment and appurtenances connected or
used in any business, and any personal property or fixtures used in connection with any adult
entertainment establishment.
• Sexual conduct: acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight; or
2. A penetration of the vagina or anus, however slight, by an object; or
3. A contact between persons involving the sex organs of one person and the mouth or
anus of another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of
oneself or of one person by another.
• Specified sexual activitieso refers to the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;
or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breasts.
Transfer of ownership or control: of an adult entertainment establishment means any of the
following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether
by sale, exchange, or similar means;
3. The establishment of a trust, gift, or other similar legal device that transfers the
ownership or control of the business; or
4. Transfer by bequest or other operation of law upon the death of the person possessing
the ownership or control.
Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed
directly or indirectly by man or livestock, or raising of livestock.
Agricultural Processing: The series of operations taken to change agricultural products into food and
consumer products. Uses include creameries.
1 Airport: An area of land or water that is used or intended to be used for the landing and takeoff of
aircraft, and includes its buildings and facilities, if any.
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Airport Hazard: Any structure or object of natural growth located in the vicinity of the airport which
obstructs the airspace required for the flight of aircraft or airport operations. \
Airport Obstruction: Any structure or object of natural growth or use of land which would exceed the
federal obstruction standards established in 14 CFR sections 77.21, 77.23, 77.25 and 77.28, or which
obstructs the airspace required for flight of aircraft in landing or take-off, or is otherwise hazardous to
airport operations.
Airport Land Use Compatibility Zone: Aircraft accident zones established by WSDOT, Division of
Aviation and adopted by ordinance wherein certain land uses are restricted in order to protect the airport
from encroachment from incompatible land uses,
Alley: 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.
Amendment: A change in the wording, context, or substance of this Code, or a change in the zone
boundaries.
Ambulance Service: A facility used for the housing and dispatch of emergency medical personnel and
paramedics using ground transportation.
Animal CliniclVeterinary: A facility dedicated to the care of animals, which may include grooming
services and short term boarding.
Animal, Large: Domesticated animals, including, but not limited to, horses, donkeys, burros, llamas,
bovines, goats, sheep, 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, and alpaca, 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: Domesticated 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 , emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, I 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 Processing: Includes stockyards, meat packing and the rendering of meat by-products, including
the manufacture of tallow, gelatin and glue.
Animal Raising or Keeping: The keeping of large and small domesticated animals other than
household pets.
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.
Antique Store: An establishment offering for sale glass, china, objects d'art, furniture or similar
furnishings and decorations which have value and significance as a result of age and design,
Appliance Manufacture: The manufacture, assembly and storage of household appliances for regional
distribution.
Appliance SaleslService: The sale, servicing and repair of home appliances, including radios,
televisions, washers, refrigerators and ranges.
Aquifer: That array of geologic formations supplying potable water to Spokane Valley and the Spokane
metropolitan area.
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h Aquifer Sensitive Area (ASA): The area from which water runoff directly recharges the Aquifer, including
f the surface over the Aquifer itself, and the hillside areas immediately adjacent to the aquifer. The ASA
includes the Critical Aquifer Recharge Area (CARA).
Art Gallery/Studio: Includes the work areas of graphic artist, painters, sculptors, weavers, quilters and
other artists with display and sales areas.
Arterial/Road Map: The official maps adopted as part of the Comprehensive Plan.
As-graded: the extent of surface conditions on completion of grading.
Asphalt Plant/Manufacturing: The manufacture of carbon-based paving and saturated materials
compounds.
Assembly, Light: The assemblage of metals and/or materials into products, including electronic
assembly.
Assembly, Heavy: The assemblage of materials and/or metals for commercial and industrial uses.
Assisted Living Facility: A facility that provides routine protective oversight or assistance for
independent living to mentally and physically limited persons in a residential setting. Services include, but
are not limited to transportation, food service, pharmacy and limited nursing services. An Assisted Living
Center may be included as a part of a nursing home or convalescent center complex.
Attached: Structurally dependent sharing a common wall for not less than fifty percent of the length of
the principal structure(s). A breezeway is not a common wall.
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.
Auction Yard, Livestock: Facilities designed for the sale of livestock at auction, including bams, holding
pens, and loading facilities.
Automobile Assembly Plant: A manufacturing facility for new cars and trucks.
Automobile Impound Yard: A secure area used for the temporary impoundment of motor vehicles by
law enforcement.
AutomobilefTaxi Rental: Facilities, including parking, for vehicles available for rent or lease. Facilities
for fueling, servicing and minor repair may be accessory uses.
Automobile/Truck Sales and Service: An area located on private property used for the display and sale
of more than two (2) new or used passenger automobiles or light trucks, including sports utility vehicles,
or any truck with a gross vehicle weight (GVVV) of less than one ton, including service.
Automobile/Truck/RV/Motorcycle Painting, Repair, Body and Fender Works: A facility providing for
the minor repair and painting of a wide variety of motor vehicles, not including engine overhaul.
Available Public Facilities: 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.
Awning: A roof-like cover that projects from the wall of a building for the purpose of identity,. decoration or
shielding a doorway or window from the elements.
Bakery Products Manufacturing: A facility preparing baked goods for regional distribution with
accessory retail sales.
Bakery, Retail: A retail business offering baked goods, including pies, doughnuts, cakes and breads for
sale to the public.
Bankfull depth: the average vertical distance between the channel bed and the estimated water surface
elevation required to completely fill the channel to a point above which water would enter the floodplain or
intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average
depth of all channels along the cross-section. (See board manual section 2.)
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Bankfull width:
1. For streams - the measurement of the lateral extent of the water surface elevation
perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull
width is the sum of the individual channel widths along the cross-section (see board manual
section 2)
2. For lakes, ponds, and impoundments - line of mean high water
3. For tidal water - line of mean high tide.
4. For periodically inundated areas of associated wetlands - line of periodic inundation, which will
be found by examining the edge of inundation to ascertain 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 abutting upland.
Basal area: the area in square feet of the cross section of a tree bole measured at 4 112 feet above the
ground.
Banks, Saving & Loan and Other Financial Institutions: Offices and service facilities for banks,
savings & loans, credit unions or other financial institutions, including drive-through windows.
Barber/Beauty Shop: A facility offering including haircuts, manicures and similar personal services.
Battery RebuildinglManufacture: A facility that specializes in retail, wholesale, OEM/Manufacturing,
custom battery rebuilding, and battery assembly for consumer and industrial use.
Basement: The portion of a building at least four feet (4'-0") below grade for more than 50% of the
perimeter but not more than eight feet (8'-0") below grade at any point of the structure.
Bed and Breakfast: A single-family dwelling which provides accommodations for one or more paying
guests on a reservation basis.
Bedrock: in-place solid rock.
Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and registered with
the Washington State Department of Agriculture per RCW Chapter 15.60 or as hereafter 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-five (25) or fewer
beehives are kept on a lot.
Bench: as referred to in grading, a relatively level step excavated into earth material on which fill is to be
placed.
Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or
artificial.
Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons
or person may ride.
Bicycle Path: A bikeway physically separated from motorized vehicular traffic by an open space or
barrier and either within the highway right of way or within an independent right of way.
Bicycle Route: A segment of a system of bikeways designated with appropriate directional and
informational markers with or without specific bicycle route number.
Bicycle Sales and Service: A retail establishment offering for sale to the public non-motorized vehicles,
including bicycles, skate-boards, roller blades, unicycles or similar equipment, and providing repairs.
Bikeway: Any road, path, or way, which in some manner is specifically designated and which may legally
be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles
or are to be shared with other transportation modes.
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Binding Site Plan: A division of land approved administratively by the Department of Community
Development, which legally obligates a person making a proposal to conditions, standards or
requirements specified by this Code.
Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks,
parks, or green strips, rural land, drainage channels, or a combination thereof. .
Boat Building: The construction, refurbishing and repair of recreational boats.
Book/Stationary Store: A retail establishment offering books, magazines, greeting cards, and similar
items to the public.
Border Easement: A dedicated easement on private property adjacent to public street right(s)-of-way
established for the purposes of utility, drainage facilities, pedestrian access or other public purpose.
Borrow: as referred to in grading, earth material acquired from either an on- or off-site location for use in
grading on a site.
Bottling Plant: A plant which provides for the packaging and distribution of liquid products, including the
mixing of liquid components.
Boundary Line Adjustment: A land use action adjusting lot lines.
Boundary Line Elimination: A land use action aggregating two or more lots or parcels of land.
Bowling Alley: Indoor entertainment, including. rental and sale of bowling equipment, as well as
restaurant services.
Brewery, Micro: An establishment brewing specialized beers for localized distribution, as well as local
restaurant services.
Brewery, Winery or Distillery: A facility engaged in the production of beer, wine or spirits for regional
distribution, including fermentation, distillation and bottling.
Broom Manufacturing: The manufacture of brooms, brushes
and mops. - - -
Building Height: The vertical distance from the average + i
i an
finished grade to the average height of the highest roof surface.
Building Official: the officer or designated authority charged i
with the administration and enforcement of the SVMC building codes, or a duly authorized representative. Existing
- - - - Grade
Building Setback Line: A line established as the minimum 5'
distance a structure may be located from any property line or F ~ , ~ M1ntcd mFnr
border easement. See Reader Board. ue Lowe t
Elevation
Building Supply Store: An establishment engaged in the
wholesale andlor retail sale of building materials, including landscape materials, roofing, lumber, siding,
fencing, plumbing supplies and fixtures, lighting, floor coverings, tools and hardware.
Building Supply & Home Improvement: An establishment selling hardware, lumber, sheetrock,
plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appliances at retail
and wholesale.
Bulkheads: Retaining wall structures erected to stabilize land at the water's edge and prevent erosion.
Revetments means the same as bulkheads.
Butcher Shop/Meat Market: The specialty retail of meat and fish products, not otherwise classified as a
grocery store.
Camping Units: A structure, shelter or vehicle designed and intended for temporary occupancy by
persons engaged in camping or use of a camping unit for recreation. Camping units include but are not
limited to recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees,
" yurts and other similar shelters.
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Candy and Confectionery: The preparation and specialty retail sale of candy and confectionery, not
otherwise classified as a grocery store.
Carnival or Circus: Temporary entertainment facilities providing rides, exhibits, games, musical
productions, food and drink, and items for sale as part of a private commercial venture.
Carpenter Shop: An establishment producing finished wooden products from raw materials.
Carpet and Rug Cleaning Plants: A plant engaged in the cleaning and repair of carpets and textiles
utilizing solvents and volatile organic compounds. Does not include cleaning services provided on client
premises.
Carpet Cleaning Services: An establishment providing cleaning services on the premises of customers,
including restoration of flood and fire damage.
Car Wash: Facilities for the washing of passenger cars and light trucks, as either a principal use or
accessory to fueling stations, convenience stores or similar permitted uses.
Car Wash, Automated: A car wash using robotic tracks or systems to wash the exterior of passenger cars
and light trucks.
Casino: A gaming establishment licensed pursuant to RCW 9.46, including restaurant services.
Catalogue & Mail-Order Houses: Merchandise warehouse and distribution center, including showroom.
Category: A land use classification established pursuant to the Spokane Valley
Catering Services: Food preparation intended for delivery to location(s) different from that where the
preparation takes place.
Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or
animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in
conjunction with and within the boundary of such cemetery.
Ceramics Shop: A retail store which provides the supplies and equipment for molding, firing, glazing and
enameling ceramic goods.
Chemical Manufacture - Establishments primarily engaged in manufacturing chemicals using basic
processes, such as thermal cracking and distillation. Chemicals manufactured in this industry group are
usually separate chemical elements or separate chemically-defined compounds, not including aluminum
oxide manufacturing, primary metal manufacturing, ceramics, and beverage distilleries which are defined
separately.
Certificate of Occupancy: An official certificate issued by the City through the Chief Building Official that
indicates conformance with building requirements and zoning regulations and authorizes legal use of the
premises for which it is issued.
Certificate of Title: A letter, report, opinion, statement, policy, or certificate prepared and executed by a
title describing all encumbrances of record which affect the property, together with all recorded deeds,
including any part of the property included in the plat.
Church, Temple, Mosque, Synagogue, House of Worship: An establishment, the principal purpose 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 on site living quarters for members
of religious orders and caretakers.
City: The City of Spokane Valley, Washington.
City Council: The governing body of the City.
Clinic: A building or portion of a building containing offices for providing medical, dental, or psychiatric
services for out-patients only.
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- Clothes, Retail Sales: A retail store offering clothing, footwear and accessories for sale to the general
public.
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: Residential lots or building sites which reduce minimum yard'requirements within a
tract but provide compensating open space.
Code: Spokane Valley Uniform Development Code.
Cold Storage/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.
College or University: A public or private institution offering instruction in liberal arts, or a professional,
vocational, or technical field beyond the 12th grade.
Co-location: Locating wireless communication equipment from more than one provider on one structure
on one site.
Commercial Zones: Those zones permitting commercial uses including the Business Zones, office
zones, corridor mixed use, mixed use center, and City Center.
Commission: The Spokane Valley Planning Commission.
Communication Service/Sales: Establishments providing for the sale and service of communications
equipment, including but not limited to telephones, satellite dishes, radio equipment.
Communication Equipment Manufacture: The manufacture, assembly and storage of communications
equipment.
Community Facilities: The facilities of local government and other public agencies necessary for the
administration and delivery of public services, including but not limited to police stations, fire stations,
government offices, court rooms, water/wastewater storage and treatment facilities, electric and other
utility distribution/collection lines, and transit stations.
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.
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 Transit Center: A bus transfer area or facility providing passenger access to routes and
adjacent activities.
Compaction: the densification of a fill by mechanical means.
Composting Storage/Processing, Commercial: A facility storing or composting organic material for
commercial purposes.
Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pursuant to
Chapter 36.70 RCW.
Computer Manufacture and Assembly: See Electrical!electronic/Computer component/system
manufacturing and assembly
Computer Services: Facilities used for the design and testing of computer systems and component
parts, including software design and computer support services.
Concurrence: 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.
Conditional Use: A use authorized subject to conditions and performance standards established by the
Hearing Examiner.
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Contractor's Yard: An area and/or building used to store, maintain and repair 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.
Convalescent Home/Nursing Home: A residential facility licensed by the State or County to provide
long-term special care and 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, nursing, feeding, recreation, boarding and other personal services.
Convenience Store: A retail store of less than 10,000 square feet in size engaged in the sale of personal
or household merchandise, packaged foods and beverages, which may include fueling stations.
Cosmetic Manufacture/Distribution: The manufacture, storage and distribution of cosmetics, perfumes,
and toiletries.
Critical Areas: Defined within WAC 365-195-410 to include Wetlands, areas of critical recharging effect
on aquifers used for potable water, fish and wildlife habitat conservation areas, flood plains and
geologically hazardous areas. - refer to Title 21 of the Uniform Development Code for more detailed
information.
Critical Material: A substance present in sufficient quantity that its accidental or intentional release would
result in the impairment of one or more beneficial uses of soil, air and ground and surface water.
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.
Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner
court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a
street, alley, yard or other permanent space.
Coverage: The area of a lot or tract covered by the roof or first floor of a building expressed as a
percentage of lot area. Roof eaves extending three (3) feet or less from the walls of a building are
excluded from coverage computations.
Day(s): A calendar day, unless otherwise specified, computed by excluding the first day and including the
last day pursuant to RCW 1.12.040. When an act to be done requires a City business day, and the last
day by which the act may be done is not a City business day, then the last day to act is the following
business day.
Day-Care, Adult: A licensed or accredited facility that provides counseling, recreation, food, or any or all
of these services to elderly or handicapped persons for a period of less than twenty-four hours a day.
Day Care, Child: A licensed or accredited facility which regularly provides care for a group of children for
periods of less than twenty-four hours and includes pre-kindergarten, nursery schools, Montessori
schools, mothers day out and after school programs.
Deciduous: For purposes of this Code, deciduous shall include the following vegetative species.
Ailanthus, Ash (Mountain), Birch (White), Catalpa, Elm (American), Locust (Black and Honey), Maple
(Silver, Sugar, and Sycamore), Oak (Pin), Sweet Gum (Liquid Amber), Thundercloud Plum, Wing Nut.
Density, Gross: The total number of residential dwelling units per gross acre.
Density, Net: The number of dwelling units per acre of land, including parcels for common open space
and associated recreational facilities within the area, storm water drainage facilities and tax exempt open
spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities,
dedicated public lands, and any other nonresidential use..
Department, Community Development: The City of Spokane Valley Department of Community
Development.
Department, Public Works: The City of Spokane Valley Public Works Department.
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r. Department/Variety store: A store offering a variety of goods to the public at retail, including but not
limited to, clothing, housewares, linens, small appliances; sporting goods, and footwear.
Detention and Post-detention Facilities: See Essential Public Facilities.
Drug Store: A pharmacy authorized to dispense prescription drugs prescribed by licensed medical
professionals.
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.
Director of Community Development: The individual or designee, appointed by the City Manager
responsible for the interpretation and enforcement of all or part of the provisions of this Code.
Dormitory: See Dwelling - Congregate
Double Plumbing Drylide 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.
Dredging - the removal of sediment, earth, or gravel from the bottom of a body of water, either for the
deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood
control.
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).
Dry Cleaners: A retail business providing dry cleaning and laundry services to the public.
Dry Cleaning, Laundry, Linen Supply Plant- Commercial: An industrial facility providing laundry, dry
cleaning, linen supply, uniforms on a regional basis.
L
Dry Kiln: An industrial process for curing timber.
Dry line Sewer: A sewer line, constructed at the time of property development, which is not put into
service until the public sewer system is extended to the development. The installation of dry line 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.
Dwelling: A building or portion thereof designed exclusively for residential purposes.
Dwelling, Accessory Apartment: A freestanding detached structure or an attached part of a structure
that is subordinate and incidental to the main or primary dwelling unit located on the same property,
providing complete, independent living facilities exclusively for a single housekeeping unit, including
permanent provisions for living, sleeping, cooking, and sanitation.
Dwelling, Caretaker'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 of the property owner.
Dwelling, Congregate: A residential facility under joint occupancy and single management arranged or
used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses,
dormitories, fraternities and sororities, convents and monasteries, convalescent care facilities.
Dwelling, Duplex: An attached building designed exclusively for occupancy by two (2) families, with
separate entrances and individual facilities for cooking, sleeping, and sanitation, but sharing a common or
party wall.
Dwelling, Multi-Family: A building designed for occupancy by three (3) or more families, with separate
entrances and individual facilities for cooking, sleeping, and sanitation.
Dwelling, single-family: A building, manufactured or modular home or portion thereof, designed
exclusively for single-family residential purposes, with a separate entrance and facilities for cooking,
sleeping, and sanitation.
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Dwelling, Townhouse: A single-family dwelling unit constructed in groups of three or more attached
units in which each unit extends from foundation to roof, open on at least two sides.
Dwelling Unit: One (1) or more rooms, designed, occupied or intended for occupancy as separate living
quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one
family maintaining a household.
Earth Material: any rock, natural soil or fill or any combination thereof.
Ecological functions or shoreline functions - the work performed or role played by the physical,
chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial
environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c).
Ecological function, no net loss of - the aggregate impact of an improvement, disturbance or
encroachment of a shoreline which does not result in an overall loss of ecological function. Any shoreline
degradation is concurrently offset by an enhancement of ecological function on the same site or on
property within 1000' of the site which equals or exceeds the scope and ecological value (or function) of
the degraded resource.
Ecologist, qualified - a person who has obtained an undergraduate and graduate degree in one of the
environmental sciences such as but not limited to biology, zoology, botany, wildlife management or bio-
engineering from an accredited college or university and has a minimum of two years of field experience
evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian
vegetation species.
Electrical/Electronic/Computer Component/System Manufacturing and Assembly: The
manufacture, assembly of light fixtures, computers or computer components, including but not limited to
relays, chips, routers, semi-conductors and optical processing equipment.
Engineering geology: The application of geologic knowledge and principles in the investigation and
evaluation of naturally occurring rock and soil for use in the design of civil works.
Entertain ment/Recreation, Commercial (Indoor): A facility offering indoor entertainment such as a
bowling alley, video arcade, dance hall, skating rink or billiard parlor. Also includes indoor archery, pistol
or gun range.
Entertainment/Recreation, Commercial (outdoor): A facility offering outdoor entertainment or games of
skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf
course.
Equipment Rental Shop: A business establishment offering equipment for rental.
Equipment Sales, Repair & Maintenance: A business establishment offering equipment for sale,
including repair and maintenance.
Erosion: The wearing away of the ground surface due to movement of wind, water or ice.
Espresso/Latte Stand: A drive-through stand offering coffee, tea and other beverages for sale to the
public.
Essential Public Facility: Facilities which are typically difficult to site, such as airports, state education
facilities, state or regional transportation facilities, state and local correctional facilities, solid waste
handling, in-patient facilities including substance abuse, mental health, group homes and secure
community transition facilities.
o Detention and Post-detention Facilities: Congregate residential facilities for the housing,
training and supervision of individuals under judicial detention, including but not limited to
prisons, jails, probation centers, juvenile detention homes, halfway houses and related post-
incarceration facilities.
e Hospital, Psychiatric and/or Substance Abuse: A licensed facility providing in-patient
residential rehabilitation and supervision and out-patient care for individuals suffering from
substance abuse, psychological or emotional disease or defect.
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% • Secure Community Transition Facility (SCTF): A licensed secure and supervised residential
facility for convicted sex offenders.
Excavation: The mechanical removal of earth material.
Exercise Facility/Gym/Athletic Club: A facility providing physical fitness equipment and facilities,
including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as
counseling in exercise and nutrition.
Explosive Manufacturing: The manufacture and storage of substances causing a sudden release of
pressure, gas and heat when subjected to sudden shock, pressure or high temperature, including but not
limited to dynamite, gun powder, plastic explosive, detonators, or fireworks.
Explosive Storage: Storage of explosive materials including but not limited to dynamite, gun powder,
plastic explosive, detonators, or fireworks.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
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 together as a single housekeeping unit.
Family Home, Adult: A licensed residential home in which a person or persons provide personal care,
special care, room, and board to two, but not more than six adults who are not related by blood or
marriage to the person or persons providing the services.
Family Home, Child: A licensed child care facility providing regular care for not more than twelve (12)
children in the family living quarters.
Farm Machinery Sales and Repair: A specialized retail facility catering exclusively to the sale and repair
of farm machinery including tractors, farm implements, combines, loaders, applicators, and their
accessories.
Feed Lot: A confined area or structure used for feeding, breeding or holding livestock for eventual sale or
slaughter, including barns, pens or other structures.
FeedlCereallFlour 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 of enclosing space, marking boundaries, serving as an obstruction or barrier or separating
parcels of land.
Fertilizer Manufacture: The manufacture and storage of organic and chemical fertilizer, including
manure and sludge processing.
Fill: A deposit if earth material placed by artificial means.
Film/Camera Sales and Service: The retail sale of photographic equipment and supplies, and the repair
of cameras, lenses, tripods, optical and related photographic accessories.
Film Developing: The commercial processing of photographic film, including x-rays.
Fire Lane: An access designed to accommodate emergency access to a parcel of land or its
improvements.
Fish Hatchery: Aquaculture production of fish.
Flood Insurance-Rate Map or FIRM. The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.
Flood Insurance Study (FIS).
The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface elevation of the base flood.
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Flood Plain, One Hundred (100)-Year: 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.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
Florist Shop: A retail sales of floral arrangements and accessories.
Food Product Manufacturing/Storage: The commercial production or preservation of food products
from agricultural products, and or the packaging, re-packaging or other preparation of food for wholesale
distribution, including but not limited to starch manufacture, sugar refining, pickling, tobacco and
vegetable oil manufacture. See also, Meat/Fish canning, cutting, curing smoking.
Food Vendor, Mobile: An itinerant vendor of beverages, processed foodstuff and produce.
Forest Land: Defined in WAC 365-190-030(6), as now or hereafter amended.
Fraternity: A men's organization formed chiefly for social purposes which may function as a place for
living and eating, especially for college students. See Dwelling, Congregate.
Freight Forwarding: Land and facilities providing for the transport, storage and shipment of goods.
Frontage. The full length of a plot of land or a building measured alongside the road on to which the plot
or building fronts. In the case of contiguous buildings individual frontages are usually measured to the
middle of any party wall.
Fueling Station: An established engaged in the retail sale of gasoline and automotive fuels and
lubricants.
Funeral Home: A facility licensed by the state engaged in preparing human remains for burial or
cremation. Services may include but are not limited to embalming, transport, memorial services, and the
sale of caskets.
Furniture Manufacture: The manufacture of furniture and cabinetry for regional distribution.
Furniture Sales/Repalr: retail sales of household furniture and repairs not including re-upholstery.
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.
Garment Manufacture: The manufacture of apparel, including leather goods, for wholesale distribution.
Gift Shop: Retail sales of miscellaneous gift items, including floral arrangements, stationary, statuary,
ornaments and decorations.
Golf Course: Outdoor course of nine or more holes, including driving range, cart rentals, pro-shop and
restaurant services.
Grain Elevator: A facility for the storage of grain. See also Feed/cereal/flour mill.
Grade: The vertical location of the ground surface
1. Existing grade is the grade prior to grading
2. Finish grade is the final grade of the site that conforms to the approved plan
3. Rough grade is the sate at which the grade approximately conforms to the approved plan
4. 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) feat of a lot line, elevation at
the lot line adjacent to the center of the wall shall be considered the finished'ground level.
Grading: any excavating or filling or combination thereof.
Group Living Living facilities for groups of unrelated individuals that include at least one person residing
on the site who is responsible for supervising, managing, monitoring and/or providing care, training or
treatment of residents. Larger group living facilities may also be characterized by shared facilities for
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1 eating, hygiene and/or recreation. Examples include nursing/convalescent homes, residential care homes
or centers; single-room occupancy (SROs) facilities; sororities/fraternities and convents/monasteries.
Tenancy is typically 30 days or more. Excludes detention and post-detention facilities. See Dwelling,
Congregate.
Greenhouse/Nursery, Commercial: An establishment where flowers, shrubbery, vegetables, trees and
other horticultural and floricultural products are grown both in the open and in an enclosed building for
sale on a retail or wholesale basis.
Grocery Store: A retail establishment offering a wide variety of comestibles, beverages and household
supplies for sale.
Halfway House: See Essential Public Facilities, Detention and Post-Detention Facilities.
Hardware Store: An establishment engaged in the retail sale and or rental of hardware and small tools.
Hazardous Waste: All dangerous and extremely hazardous waste, including substances composed of
both radioactive and hazardous components as defined in Section 70.105.010 (15) RCW
Hazardous Waste Storage: The holding of hazardous waste for a temporary period, as regulated by
Chapter 173-303 WAC.
Hazardous Waste Treatment: The physical, chemical or biological processing of hazardous waste for
the purpose of rendering these wastes non-dangerous or less dangerous, safer for transport, amenable
for energy or material resource recovery, amenable for storage, or reduced in volume.
Hearing Examiner: The individual, designated by the City Council to conduct public hearings and render
decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in
this Code.
Helicopter: A rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.
Heliport: A landing facility for rotary wing aircraft subject to regularly scheduled use and may include
J fueling or servicing facilities for such craft.
Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of
or fueling and not for regularly scheduled stops.
High Occupancy Vehicle (HOV): A motorized vehicle carrying two (2) or more passengers.
Hobby Shop: A retail establishment offering games, crafts and craft supplies, art supplies to the public.
Home Occupation: An occupation, profession or craft, excluding an adult retail use establishment, adult
bookstore or adult entertainment establishment and incidental to the residential use. Auto repair; welding
or metal plating shops; large appliance/electronics or equipment repair or service, truck hauling and/or
tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables,
wholesale or retail sales and restaurants/drinking establishments are not home occupations.
Horse 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.
Hospital: An institution licensed by the state offering in- and out-patient medical services but not
including facilities treating exclusively psychiatric, substance or alcohol abuse.
Hospital, Specialty: A facility providing specialized in- and/or out-patient medical care, including
hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiatric,
substance or alcohol abuse.
Hospital, Psychiatric and/or Substance Abuse: See Essential Public Facility.
Hotel/Motel: A building in which there are six (6) or more guest rooms where lodging with or without
J meals is provided for compensation, and where no provision is made for cooking in any individual room or
suite.
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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.
Ice Plant: A facility manufacturing and distributing ice.
Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under controlled,
nuisance-free conditions, and at a relatively high temperature, for the purpose of reducing the
combustible components to a non-putrescible residue capable of ready disposal.
Industrial Zoning Districts: Those zones permitting various industrial and manufacturing uses. See
Zoning Districts.
Inherently Dangerous Mammal: Inherently dangerous mammal means any live member of the canidae,
felidae, or ursidae families, including hybrids thereof, which, due to their nature, may be considered
dangerous to humans, and which include:
1. 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 (Felis 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
2. is a "rear fangedo 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 tupus;
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.
Ink Manufacture: A facility manufacturing printing ink, and inking supplies.
Jewelry, Clock, Musical Instrument, Assembly, Sales/Service: Retail sale, assembly, service and
repair or clocks, musical instruments and jewelry.
Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter,
where six or more dogs or six or more cats, or any combination thereof, over six (6) months of age are
housed, groomed, bred, boarded, trained or sold commercially or as pets.
Key: A designated compacted fill placed in a trench excavated in earth material beneath the toe of a
proposed fill slope.
Laboratories (BIO Safety Level 2, OSHA Standards): A facility in which work is done with the broad
spectrum of indigenous moderate-risk agents present in the community and associated with human
disease of varying severity.
Laboratories (BIO Safety Level 3, OSHA Standards): A facility in which work is done with indigenous or
exotic agents where the potential for infection by aerosols is real and the disease may have serious or
lethal consequences.
Laboratories, Scientific (BIO Safety Level 4, OSHA Standards): A facility in which work is done with
dangerous and exotic agents which pose a high individual risk of life-threatening disease.
Landfill: A licensed facility for the sanitary disposal of solid waste.
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Landscape Materials Sales Lot: The retail sale of organic and inorganic materials, including but not
limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river
rock and landscape boulders primarily used for landscaping and site preparation purposes. The
exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or
nursery-wholesale shall not be considered landscape materials.
Library: An establishment for the sole purpose of loaning and circulating books or providing a reading
room and reference service to the public whether conducted by a public or private agency or whether the
service is with or without direct cost to the user.
Liquor Store: The retail sale of off-premises distilled spirits, beer and wine.
Livestock: Animals, including but not limited to, horses, cattle, llamas, sheep, goats, swine, reindeer,
donkeys and mules.
Loading Zone: An off-street space or designated area or loading dock located on the same lot or site as
the buildings or use served, which provides for the temporary parking of a commercial vehicle while
loading or unloading merchandise, materials, or passengers.
Locksmith: the sale and repair of locks and other security devices.
Lot: an undivided tract or parcel of land having frontage on a public street and designated as a distinct
tract.
• Lot' Aggregation: The consolidation of one or more lots into a single parcel through the
elimination of lot lines.
• Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front,
side, and rear lot lines of a building lot.
• Lot, Corner: A building lot situated at the intersection of two public streets.
• Lot Coverage: The percentage of the total area of a lot occupied by the base (first story or
floor) of buildings located on the lot.
• Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a
building lot measured at the respective mid-points of the front lot line and rear lot line within the
lot boundary.
• Lot, Flag: A lot of irregular shape with reduced frontage on a public or private street with
dimensions which are otherwise adequate at the building line.
• Lot, Reverse Flag: A lot of irregular shape with reduced access to a rear alley, amenity or
natural feature.
• Lot, Interior: A lot within a subdivision that is not located at the intersection of any adjacent
public or private street.
• Lot Line: A boundary of a building lot.
• Lot Line, Front: The boundary of a building lot that is the line of an existing or dedicated street.
Upon corner lots either street line may be selected as the front lot line providing a front and rear
yard are provided adjacent and opposite, respectively, to the front lot line.
• Lot Line, Side: A boundary of a lot which is not a front lot line or a rear lot line.
• Lot Line, Rear: A boundary of a lot which is most distant from and is, or is most nearly, parallel
to the front lot line.
J • 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.
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• Lot, Radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running
roughly perpendicular to the street right-of-way.
• Lot Segregation: The re-establishment of lot lines within parcels aggregated for tax purposes.
• Lot Width: The width of a lot at the front building line. Measurements on irregularly-shaped lots
to be taken in a straight line from a point where the front building line crosses the side property
lines
Lumber Mill, Sawmill, Shingle Mill, Plywood Mill: The manufacture of wood products, including
cutting, planning, preservation and veneering, match manufacture and millwork.
MUTCD. The U.S. Department of Transportation Manual on Uniform Traffic Control Devices.
Machine Shop: See Metal Fabrication
Machine/Machinery Manufacturing: The manufacture of machines and machinery.
Manufactured Home Fabrication: The construction and assembly of manufactured housing units.
Manufactured Mobile Home: A pre-assembled dwelling unit certified by the Washington State
Department of Labor and Industries.
Manufactured Home Community: A subdivision designed exclusively for manufactured housing.
Manufactured (Mobile) Home Park: A site having as its principal use the rental of space for occupancy
by two (2) or more manufactured (mobile) homes, and the accessory buildings, structures, and uses
customarily incidental to such homes.
Manufactured Home Sales: A sales lots for manufactured housing units with display models.
Manufacturing, Non-Metallic Metal Products: The manufacture of clay, earthenware, brick, vitreous,
cement and concrete manufacture, including readi-mix, concrete block, lime, gypsum, stone and stone-
product.
Manufacturing, Petroleum & Coal Products: The manufacture of asphalt paving, roofing and coating
and petroleum refining.
Market, Outdoor: A temporary or seasonal location where produce and agricultural products, including
but not limited to pumpkins, Christmas trees and firewood, as well as crafts and other items are offered
for sale to the public.
Massage Therapy: An establishment providing the therapeutic massage services of a licensed massage
therapist.
MeatlFish Cutting, Canning, Curing and Smoking: Includes the processing and packaging of meat
and fish for wholesale distribution. Does not include animal slaughter.
Meat Packing: Includes the slaughter of live animals and the inspection and processing of animal
carcasses.
Medical and Laboratory Instrument/Apparatus Manufacture: The manufacture of medical and dental
equipment, supplies, and instruments.
Medical/Dental Office:_A facility housing less than three medical or dental professionals or
paraprofessionals.
Medical/Dental Clinic: A facility where three or more medical or dental professionals or
paraprofessionals, including physicians, dentists, endodontists, physical therapists, dental hygienists,
physician assistants, or osteopaths, provide outpatient services on a regular basis.
Medical, Dental and Hospital Equipment Supplies and Sales: The sale of medical/dental equipment
and supplies, including but not limited to uniforms, prosthetics, pharmacy, optics, and corrective _
appliances.
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r Metal Fabrication: The fabrication of metal products including chain and cable manufacture, sheet metal
fabrication, machining, welding and punching.
Metal Plating: The electroplating, galvanizing and dip plating of various kinds of metal.
Metal Processes, Hot: metal processes including blast furnace, coke oven, die casting, drop hammer or
forge, metal reduction, reclamation, and refining.
Mining: Mineral extraction, not including oil and gas.
Mineral Product Manufacturing, Non-Metallic: The manufacture of brick, cement, gypsum, lime,
plaster of Paris, tile, stoneware, earthenware and terra cotta manufacturing
Mineral Resource Lands: Defined in WAC 365-190-030(14) as now or hereafter amended.
Mobile Food Vendors: Itinerant vendors of prepared foods and beverages.
Model Home: The temporary use of one or more single family residential units for the marketing and
promotion of residential subdivisions.
Motor Vehicle Parts, Sales & Service: The retail sales of motor vehicle parts and service, including the
installation of tires and batteries, including repair of passenger cars and light trucks.
Museum: A premises housing the display of antiquities or artifacts of historical or artistic significance.
Music Store: The retail sale of recorded music, musical instruments, sheet music and similar items.
Multiple Building Complex: A group of structures, or a single structure, with dividing walls and separate
entrances for each business, housing retail businesses, offices, commercial ventures or independent or
separate parts of a business which share the same lot, access and/or parking facilities.
NAICS: North American Industry Classification System
i Neighborhood: A geographic area or sub-area bounded by distinct physical boundaries, such major or
minor arterials, geologic formations, broad open spaces and similar features, centered around common
interests or facilities.
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.
Nursing Home: See Convalescent home.
Occupancy: The type of construction required based on the use of the structure as established by
adopted building codes.
Office: A business office maintained as a principal use, including but not limited to, insurance, sales,
legal or other professional office but does not include medical or dental clinics. See also Medical/dental
Clinic.
Off-road recreational vehicle use: the operation of any gas-powered motorized vehicle, including but
not limited to motorcycles and/or all-terrain vehicles, on private property for recreational purposes. This
definition is not intended to include vehicles which were designed/constructed for yard or garden work in
residential areas.
Off-Street Parking: the amount of vehicular parking to be provided on private property for a specified
use.
Office Supply and Computer Sales: The retail sale of office supplies and office equipment, including
computers, copiers and communication equipment.
Open Space: An area accessible to and permanently reserved for the common use and enjoyment of the
occupants of residential use's for landscaping, leisure and recreational
purposes. Open Space does not include area devoted to parking, accessory uses, landscaping required
pursuant to this code, drainage easements, border easements or building separation required under
1i adopted building codes.
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Opponent of Record: A person who has provided verbal or written testimony in opposition to a
proposal/project before or during the public testimony portion of a hearing, or filled out and submitted a
Party of Record Notice indicating opposition prior to the close of the public hearing.
Orchard, Tree Farming, Commercial: A planting of trees producing fruit and/or nuts and the cultivation
of trees for the purpose of sale.
Ordinary High-Water Mark: A mark that 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 abutting upland. In any area where
the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be
the line of mean high water.
Organic Material: Material derived from living things.
Owners: Any person, partnership, corporation, association, unincorporated organization, trust or any
other legal commercial entity having sufficient proprietary interest to seek development of land.
Overlay Zone: A zoning designation that supplements the provisions of the underlying zone within a
specified geographic area.
Paper Product Manufacturing: The manufacture of paper products.
Paper/Pulp Mills: Manufacturing plants producing paper and paper pulp from timber.
Park-and-Ride Facility: A parking area or structure used for the specific purpose of storing motor
vehicles in order that the occupants can transfer to a higher occupancy vehicle (HOV) (e.g,, buses, vans,
carpool autos) to complete a trip.
Park, Public: A site designated or developed for recreational use by the public. 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 designed to serve.
Parking Facility: A parking area, building, or structure used for the specific purpose of parking or storage
of motor vehicles.
Parking Facility, Controlled Access: a parking garage or surface lot controlling patron access using
attendants or ticket dispensers.
Party of Record: A person who has provided verbal or written testimony in or regarding a public hearing
on a land use action.
Paved Surface: A paved surface shall consist of asphalt or Portland cement concrete laid to City
specifications.
Pawn Shop: An establishment where money is loaned on the security of personal property pledged in
the keeping of the owner or proprietor. Also includes the retail sales of used items.
Permitted Use: An allowable activity or use within a zoning district.
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.
Person or Party Having Standing: Any party of record.
Personal Services: Services including but are not limited to barber shopslbeauty salons, nail salons,
tanning salons, specialty boutiques, day spas and similar services.
Pet Shop: The retail sale of household pets and pet supplies and equipment.
Petroleum and Coal Products Manufacture: The manufacture of petroleum and coal products including
lubricating oil, oil compounding.
Photographic Studio: A retail establishment that provides portrait and other photographic services.
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f Pipeline - gravity or pressurized pipelines for the long-distance transmission of water, petroleum
products, natural gas, and other commodities such as ores in the form of slurries.
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.
Planning Agency: The Spokane Valley Community Development Department, together with its Planning
Commission.
Planning Commission: See "Commission."
Plastic Molding (thermoplastic): A process of converting pelletized plastic into molds using heat,
without the use of solvents or volatile organic compounds (VOC). Thermoplastic resins can be melted,
formed and resolidified. Thermoplastic processes include injection molding, blow molding, injection blow
molding, rotational molding, roto molding, and extrusion molding. Does not include solvent molding.
Plastic Molding (Thermoset): an injection molding process which uses heat, industrial processes and
solvents to create plastic forms which cannot be re-formed. Thermoset processes include bag molding,
cold molding, jet molding, pulp molding, transfer molding and compression molding.
Plastic Solvent molding: Also known as Dip molding, forms thermoplastic articles by dipping a male
mold and drawing off the solvent to leave a plastic film adhering to the mold.
Plastic and Rubber Product Manufacture: A chemical manufacturing process utilizing resin and
synthetic compounds for plastics and rubber.
Post Office, Postal Center: A facility owned or operated under contract with the U.S. Postal Service for
the delivery of mail and packages.
Precision Instrument Runway: An existing or planned runway with instrument approach utilizing an
instrument Landing System (ILS), or Precision Approach Radar (PAR) as prescribed by the Federal
Aviation Administration.
( - __\1
Principal Use: The predominant use to which the lot or property is or may be devoted and to which all
other uses are accessory.
Principal Structure: The principal building or other structure on a lot or building site designed or used to
accommodate the primary use to which the premises are devoted. Where a permitted use involves more
than one building or structure designed or used for the primary purpose, each permitted building or other
structure on a lot or building sign as defined by this Code shall be construed as comprising a principal
structure.
Print Shop: A retail print services, including blueprinting, photostat, copier and other business support
services.
Printing, Reprographics and Bookbinding: Commercial printing including engraving, manifold form
printing and book binding.
Professional engineer: An engineer licensed in Washington under RCW 18.43 who is qualified by
examination and/or experience to practice in the fields of civil, geotechnical and/or soils engineering.
Professional geologist: A geologist experienced and knowledgeable in engineering geology and
licensed by the state of Washington to practice.
Professional inspection: The observation and testing to determine conformance with project plans and
specifications required by the Uniform Development Code preformed by a professional engineer and/or
professional geologist. Such inspection includes that performed by persons supervised by such
engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.
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,
l~ 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.
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Proper Functioning Condition : A methodology for assessing the physical functioning of riparian and
wetland areas, which describes both the assessment process and a defined on-the-ground condition of a
riparian or wetland area.
Repeater Facility: A facility for the non-commercial reception and retransmission of radio signals.
Prohibited Use: A use not specifically enumerated as a permitted use, accessory use, with or without
standards and conditions, a conditional use, a temporary use, or a nonconforming use.
Public Utility: A regulated public or private enterprise with an exclusive franchise for providing a public
service paid for directly by the recipient of that service.
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 , 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 (55,000) volts or fifty-five (55] KV), gas, cable television, water and sewer, and all other
facilities, equipment, and structures, including substations, switching stations, and reservoirs.
Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motorized
vehicles, including but not limited to automobiles, go-carts, all-terrain vehicles, mopeds, scooters,
snowmobiles, motorcycles, remote controlled cars and airplanes. See also Entertainment, Outdoor.
Racetrack: A state-licensed facility permitting competitive racing of vehicles, horses and dogs.
Radio/TV Broadcasting Studio: Facilities serving the broadcast media.
Railroad Yard, Repair Shop and Roundhouse: Facilities serving railroad operations.
Record: The official file, exhibits, maps and slides including the tape recorded proceedings or
transcription thereof.
Recreational Vehicle (RV): A vehicular type designed as temporary living quarters for recreational,
camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck
campers, camping trailers and self-propelled motor homes.
Recreational Vehicle Park/Campground: 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 recreational or service facilities for the use of the residents of the park.
Recreational Vehicle Sales and Service: An area for the display, sales and service of recreational
vehicles.
Restaurant: An establishment serving food to the general public in specific, designated dining areas.
Restaurant, Drive-In: an establishment designed and constructed to serve food for consumption on the
premises in an automobile or for carry-out for off premises consumption and which establishment may or
may not have on-premises dining room or counter.
Restaurant, Drive-Through: An establishment serving food to the general public with designated dining
areas and allowing carry-out window(s) serving a single lane of automobiles for the purpose of serving
food to go where food consumption is not allowed in automobiles on the premises.
Retail Sales: An establishment engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of such goods.
Retaining Wall: Any wall not an integral part of a building, used to resist the lateral displacement of earth
material.
Riding Stable: A commercial enterprise renting horses and providing instruction.
Right-of-Way: The land area provided by dedication for public use for streets, utilities, walks, and other
uses, also providing access to adjoining properties.
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Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicular travel
including shoulders, auxiliary lanes, curbs, sidewalks, etc.
Rolling Mill: Primary metal manufacturing including the rolling and drawing of purchased steel and steel
shape manufacture,
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.
Runway: Any existing or planned paved surface or turf-covered area of an airport which is specifically
designed and used, or planned to be used, for the landing and/or taking off of aircraft.
Schools: Public and private institutions of learning offering instruction from kindergarten to grade 12
required by the Education Code of the State of Washington.
Schools, Professional, Vocational and Trade Schools: Post-secondary professional and training
education.
Secondhand Store/Consignment Sales: The sale and resale of used merchandise including thrift
shops, and consignment shops.
Secure Residential Treatment Facility: See Essential Public Facilities.
Senior/Elderly Housing: A housing development designed and restricted for individuals and couples
over the age of fifty-five years.
SEPA: The Washington State Environmental Policy Act of 1971 and administrative codes developed
pursuant thereto or any amendments thereto.
Shoreline environment: the classification of shorelines based on the existing use pattern, the biological
and physical character of the shoreline, consistent with WAC 173-26-211(4) and (5).
Shorelines of Statewide Significance: a natural river or segment thereof east of the crest of the
Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per
second or more.(RCW 98.58.030(2)(e)) The Spokane River is a Shoreline of Statewide-Significance,
Shoreline of the State: means all of the water areas of the state, including reservoirs, and their
associated shorelands, together with the lands underlying them; except (i) shorelines of statewide
significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is
twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii)
shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. (RCW
98.58.030(2)(c)). Shorelines of Statewide Significance are Shorelines of the State.
Shorelands or shoreland areas means those lands extending landward for two hundred feet in all
directions as measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river
deltas associated with the streams, lakes. (RCW 98.58.030(2)(f))
Shoreline Protection - Means structural and nonstructural methods to control flooding or address
erosion impacts to property and dwellings or other structures caused by natural processes, such as
current, flood, wind, or wave action.
Shoreline Restoration - the revegetation of a shoreline site cleared of vegetation and not covered by
structures or occupied by other improvements following completion of a project.
Shoreline substantial development: any development of which the total cost or fair market value
exceeds the dollar amount set forth in RCW 90.58 and WAC 173-26 for any improvement of property in
the shoreline of the state
Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is
intended to aid in promoting the sale of products, goods, services, events or to identify a building using
graphics, letters, figures, symbols, trademarks or written copies. Sign types include:
i • Sign: Any board, poster, placard, banner, flag, pennant, streamer, or similar structure,
electronic or otherwise which is constructed, placed, attached, painted or fastened in any
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manner for the purpose of attracting attention of the public to any place, person, entity, or
business.
i
• Sign Area - the gross surface area of the sign,
• Sign or Structure, Abandoned: a sign or structure that advertises a product or service no
longer available or a business no longer in operation; a sign which is illegible, , in disrepair, or a
safety hazard as a result of lack of maintenance; or a nonconforming sign that has lost its
nonconforming rights.
• Banner: A temporary sign of lightweight material mounted to a pole or building.
• Sign, Billboard: A structure for the purpose of leasing advertising space to promote an
interest other than that of an individual, business, product or service available on the premises
on which the structure is located.
• Sign, Copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any
combination thereof, designed to communicate information of any kind, or to advertise,
announce or identify a person, entity, business, business product, or to advertise the sale,
rental or lease of premises.
• Sign, Copy Area: The area of the sign containing any copy, symbol, sign, logo or graphic.
m Sign, Decorative Emblem (or standard): A one or two sided sign with or without copy that is
securely attached by grommets to the top and bottom of a mounting bracket attached to a
permanently installed lighting fixture
• Sign, Directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation
within a complex or project.
• Sign, Electronic: A sign that can be changed by electrical, electronic or computerized
process; inclusive of video boards.
• Sign, Flashing: 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 oscillating pattern.
• Sign, Freestanding: A permanent sign not attached to or forming part of a building.
• Sign, Freeway: A permanent free-standing on-premises sign or billboard located on a parcel
adjacent and contiguous to Interstate Highway 90.
• Sign, Inflatable: Any temporary hollow item or character expanded or enlarged by the use of
air or gas.
• Sign, Menu Board: An on-site display of menu items at a restaurant; not meant to be viewed
from the street.
• Sign, Monument: A sign and supporting structure constructed as a solid structure or one that
gives the appearance of a continuous, non-hollow, unbroken mass.
• Sign, Multi-Business Complex: A sign with a primary facility name and a list of the individual
stores or businesses mounted on one structural element. Such a sign type includes signage
describing a mall arrangement, a strip-center development, an industrial park complex, or a
multi-business structure or complex of buildings with a unifying name and a listing of
businesses contained within the grouping.
• Mural: A work of art applied directly to an exterior surface where forms and/or figures are the
dominant elements and not containing any copy.
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• Name Plate: A sign showing only the name and address of the owner or occupant of the
premises.
• Sign, Non-Conforming: Any sign which was lawfully erected and maintained on private
property which now, as a result of code amendments, does not conform to all applicable
regulations and restrictions of this code.
• Sign, Notice: A sign intended to safeguard the premises (e.g. "No Parking°, "No Trespassing
"Watch Dog on Duty°); or which identifies emergency telephone number, hours, and security
information.
• Sign, Official: A sign erected by a governmental agency within its territorial jurisdiction for the
purpose of carrying out an official duty or responsibility and including, but not limited to, traffic
signs and signals, zoning signs, and street signs. Special lighting or banners celebrating
seasonal or civic events sponsored andlor endorsed by the City Council may be Official signs.
• Sign, Off-Premise: a sign which advertises or directs attention to a business, person,
organization, activity, event, place, service, or product not principally located or primarily
manufactured or sold on the premises on which the sign is located.
• Sign, On-Premise: A sign which advertises or directs attention to a business, person,
organization, activity, event, place, service, or product which is manufactured and/or available
on the premises where the sign is located.
• Sign, Permanent: Signs permanently affixed to a pole, monument, or building. including
decorative emblems (or standards) affixed by rope, cords, wires, or mechanical devices.
• Sign, Pole: A permanent free-standing sign supported wholly by a pole or poles permanently
affixed to the ground and not attached to a building or structure.
• Sign, Portable: A sign not permanently attached or affixed to the ground or other permanent
structure, or a sign designed to be transported or moved from place to place, including, but not
limited to signs designed to be transported by means of wheels, reader boards, and A frame
signs.
• Reader Board: A sign face consisting of tracks to hold readily changeable letters allowing
frequent changes of copy.
• Sign, Roof: A sign supported by and erected on or above a roof that does not meet the
requirements of a wall sign.
• Sign, Support Structure(s): Posts or columns and the anchors and bolts that structurally
support the sign attached to it.
• Sign, Temporary: Banners, pennants, flags, streamers, searchlights, inflatables, special event
signage or temporary on premises commercial signs posted in conjunction with the alteration,
construction, sale or lease of real property.
• Sign, Three-Sided: A sign with three faces.
• Sign, Two-Sided: A sign with two faces.
• Wall Area: The two dimensional representation of a building elevation, including windows and
doors, excluding eaves.
• Sign, Wall (attached): A permanent sign attached or erected parallel to and extending not
` more than fifteen (15) inches 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
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said wall or fagade. Signs incorporated into mansard roofs, marquees or canopies are wall
signs.
Sign Manufacturing/Repair: The manufacture of commercial signs and sign support structures.
Sign Painting Shop: The painting, etching or printing of sign copy.
Site: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where
grading is performed or permitted.
Site Development Plan: A plan drawn to scale for one (1) or more lots, parcels or tracts on which is
shown the existing and proposed conditions of the lot, tract or parcel.
Slope: An inclined ground surface the inclination of which is a ratio of vertical distance to horizontal
distance, expressed as a percentage.
Soap and Cleaning Compound Manufacturing: The manufacture of soaps, detergents and cleaning
chemicals and solvents.
Soil: A natural aggregate of mineral grains that can be separated by such gentle mechanical means as
agitation in water.
Solid Waste: All putrescible and non-putrescible solid and semisolid material, including, but not limited to,
garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and
construction wastes.
Solid Waste Recycling/Transfer Site: A site storing solid waste or recyclable materials, prior to
transport to a central disposal or collection location.
Specialized Training/Learning Schools/Studios: Gymnastics, martial arts and dance studios and
similar activities providing instruction to persons of all ages.
Spoils: Any materials removed from an excavation. Spoils are not precluded from reuse in fills.
Stealth: Any Wireless Communications Antenna Array or Wireless Communication Support Tower which
is designed to blend into the surrounding environment. Examples of stealth may include architecturally
screened roof-mounted antennas, building-mounted antennas painted to match the existing structure,
antennas integrated into architectural elements, and wireless communication support towers designed to
look like trees, clock towers, bell steeples, light poles or flag poles.
Storage, General Indoor: The storage of equipment, merchandise and supplies within an enclosed
structure.
Storage, General Outdoor: The storage of any equipment, machinery, commodities, raw, semi-finished
materials, and building materials, not accessory to a residential use, which is visible from any point on the
building lot line when viewed from ground level to six feet above ground level.
Storage, Self-Service Facility: A facility including buildings andlor structures' containing spaces of
varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess
property and outdoor storage of vehicles and boats.
Stormwater Drainage Facility: Constructed and natural features which function together as a system to
collect, convey, channel, hold, inhibit, retain, detain, infiltrate evaporate, divert, treat or filter stormwater.
Stormwater facilities include but are not limited to, pipes, ditches, culverts, street gutters, detention ponds,
retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oillwater
separators and swales.
Story: That 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,
Street, Arterial Principal: Principal arterials serve the major centers of activity in urbanized areas and
include the highest traffic volume corridors, serve the longest trips and carry a high proportion of the total
urban travel, even though they constitute a relatively small percentage of the total roadway network.
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\ Street, Arterial, Minor: The minor arterial street system interconnects with and augments the principal
1 arterial system. It accommodates trips of moderate length at a lower level of travel mobility than principal
arterials. This system places more emphasis on land access than the principal arterial system. Such a
facility may cant' local bus routes and provide intra-community continuity, but ideally does not penetrate
identifiable
Street, Collector: The collector provides both land access and traffic circulation within residential
neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities
from the collector system may penetrate residential neighborhoods, distributing trips from arterials
through the area to their ultimate destinations. Conversely, the collector system also collects traffic from
local streets in residential neighborhoods and channels it into the arterial system.
Street, Flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line.
Street, Local Access: A street providing access to abutting property.
Structure: Any construction, including a building or any portion thereof, erected for the purposes of
support, shelter or enclosure of persons, animals or property of any kind, including swimming pools,
decks in excess of thirty (30) inches in height, and roof overhangs exceeding three (3) feet. A fence of six
feet (6'-0") or less in height is not a structure for purposes of this chapter, nor masonry, brick, concrete, or
cinder block wall of less than twenty-four inches in height.
Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites,
and including both short subdivisions and long subdivisions.
Tailor: A personal service providing alterations and fittings for apparel.
Tank Storage (LPG): The storage of liquefied petroleum gas or its component gases.
Tank Storage, Critical Materials: The storage of critical materials, including but not limited gasoline,
kerosene, diesel, lubricating oils, and solvents.
~i Tanning and Curing of Hides: The preparation of animal hides and skins for the manufacture of leather
products.
Tavern: A retail establishment serving alcoholic beverages with incidental food service.
Taxidermy: The operation of preserving, stuffing and mounting the skins of dead birds and animals for
exhibition.
Theater: A structure or area designed for the presentation of live performances, including dramatic works
and concerts, or motion pictures.
Telecommunications: The transmission, between or among points specified by the user, of audio and/or
visual information and data of the user's choosing, without change in the form or content of the
information as sent and received.
• Alternative Mounting Structure: A water tower, man made tree, clock tower, church steeple,
bell tower, utility pole, light standard, free standing sign, flagpole, or similar structure, designed
to support and camouflage or conceal the presence of telecommunications antennas.
• Antenna: A structure or device used to collect or radiate radio, television, or-microwave
electromagnetic waves, including directional antennas, such as panels, wireless cable and
satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth
stations or noncommercial antennae installations for home use of radio or television.
• Array: An arrangement of antennas and their supporting structure.
• Collocation: A single telecommunications tower and/or site used by more than one
telecommunications service provider.
• Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific
directional pattern.
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• EIA-222: Electronics Industries Association Standard 222, "Structural Standards for Steel
Antenna Towers and Antennas Support Structures."
• Electric Transmission: A self-supporting structure in excess of 50 feet in height designed to
support high voltage electric lines. This does not include local utility or distribution poles (with or
without transformers) designed to provide electric service to individual customers.
• Guyed: Any telecommunications tower supported in whole or in part by cables anchored to the
ground.
• Height: The distance measured from grade to the highest point of any and all components of
the structure, including antennas, hazard lighting, and other appurtenances, if any.
• Monopole: A self-supporting telecommunications tower, which consists of a single vertical
pole, fixed into the ground and/or attached to a foundation.
• Panel: An antenna which receives and/or transmits signals in a directional pattern.
• Self-Supporting Lattice: A telecommunications tower that consists of an open network of
metal braces, usually triangular or square in cross-section.
• Service: The offering of telecommunications for a fee directly to the public, or to such classes
of users as to be effectively available directly to the public, regardless of the facilities used.
• Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view.
• Telecommunications Antenna An antenna used to provide a telecommunications service.
This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35
feet in height in residential districts and 50 feet in height in non-residential districts, and whip
antennas less than 4 inches (10 cm) in diameter and less than 10 feet in height.
• Tower: A self-supporting or guyed structure more than twenty feet in height, built primarily to
support one or more telecommunications antennas.
• Whip: An omni -directional dipole antenna of cylindrical shape which is no more than 6 inches in
diameter.
Temporary Use: A use permitted for a specified period of time.
Textile Manufacture: The manufacture of textiles, carpet, canvas and cordage, including knitting.
Tire Recap and Retread Manufacture: The process of refurbishing and retreading used vehicle tires.
Title Notice: A document recorded with the County Auditor for the purpose of disclosure of important
information, special conditions, restrictions, andlor circumstances that affect the property to a purchaser,
lender and others.
Tower, Ham Operator: A structure less than seventy-five (75) feet in height above grade used for two-
way (2) communication for hobby or emergency service purposes by private individuals.
Tower, Wind Turbine Support: A structure not enclosed with exterior walls used for the production of
energy such as a wind turbine tower. (Public utility towers used for the distribution or transmission of
electricity and Wireless Communication Support Towers are not included in this definition.
Transit Center: A facility serving transit patrons which may serve as a transfer point between different
transportation modes and routes, and providing parking.
Transitional Housing: Congregate living facilities for temporarily displaced individuals and families with
an on-site resident manager, including but not limited to homeless and protective shelters. Detention and
Post-detention Facilities, Hospital, Psychiatric and/or Substance Abuse and Secure Community
Transition Facilities are not transitional housing.
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Transmission lines , electric- overhead wires and their supporting structures for the long-distance
transmission of electric energy at or above 60,000 volts.
Truck Sales, Rental, Repair and Maintenance: Land and facilities offering the sale service and
maintenance of motor vehicles and cargo trailers with a manufacturers gross vehicle weight in excess of
one-ton.
Truck Stop: A facility providing parking, fueling, and restaurant services for large trucks, and may
include truck washing facilities, sleeping accommodations and showers for drivers.
Upholstery Shop: A retail service for the upholstery and re-upholstery of furniture.
Variance: The means by which an adjustment may be made in the application of the specific regulations
of this Code to a particular piece of property, which property, because of special circumstances applicable
to it, is 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 a 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
medical services, clipping, bathing, boarding and similar services, are rendered to dogs, cats and other
small animals and domestic pets.
Veterinary Hospital or Clinic, Large Animal: An establishment providing veterinary medical services
and similar services to livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and
may include outdoor pens.
WRIA: Water Resources Inventory Area.
Water-dependent; a use or activity dependent on a waterfront location, including but not limited to
bridges, marinas, dams for domestic/industrial water supply, flood control, and/or hydroelectric
production; water diversion structures and facilities for water supply, irrigation and/or fisheries
enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities
and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream
bank stabilization structures and practices.
Water-related: a use or activity not intrinsically dependent on a waterfront location such as facilities that
provide water sports equipment and services, restaurants providing water views, recreation vehicle parks,
public parks.
Water related industry - Water-related industries are those requiring water transportation or those which
seek the advantage of water transportation as an alternative to other modes, and those which use or
recycle large quantities of water.
Warehouse: A building in which more than fifty percent of the ground floor area is utilized for the storage
of products, which is not the office or showroom area of the building.
Wetland - an area or areas that are inundated or saturated by surface or ground water at a frequency
and duration supporting hydrophytic vegetation, including but not limited to swamps, marshes, bogs, and
similar areas, and wetlands created for purposes of mitigation. Wetlands do not include artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or wetlands created after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway.
Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume
commodities for fabrication, resale or internal commercial or industrial consumption.
' Wood Product Manufacturing - manufacture wood products, such as lumber, plywood, veneers, wood
containers, wood flooring, wood trusses, manufactured homes (i.e., mobile home), and prefabricated
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wood buildings. The production processes include sawing, planing, shaping, laminating, and assembling
of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or
shaped by lathes or other shaping tools.
Welding: The process of uniting metal parts through heat and/or pressure.
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 to inoperable vehicles, tires, machines or
remnants thereof, and/or metals, paper, rags, tires and bottles.
Xeriscaping: A planting practice that relies on minimal or no irrigation, eliminating heavily watered
landscaping in favor of those that combine low water requirements with plants adapted to the region.
Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward.
• Front Yard: An area extending across the full width of a lot and lying in between the lot front
line and building setback line. The front yard is generally recognized by location of the main
entrance to the building andlor orientation to the primary street. "
• 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 line or
between the lot rear line and the required rear yard depth in each classification when no
building or structure exists or is proposed.
• Side Yard - That area of a lot, unoccupied, which is neither a front yard, a rear yard nor a
flanking street yard.
• 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.
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.
Zero lot line development - A Single Family Residence or grouping of Single Family Residences where
each residence is set to the interior side property line, rather than center of a lot, with a minimum side
yard maintained between each adjacent residence.
Zone, Zoning District: A use classifications established for the purpose of promoting orderly and efficient
development of land compatible with surrounding areas implementing the Comprehensive Plan.
Zoning District, Light Industrial: A zoning district permitting manufacturing and other industrial uses,
including the fabrication, transformation, or assembly of products that do not involve the generation of
objectionable noise, odor, vibration, and dust or hazard.
Zoning District, Heavy Industrial: A zoning district permitting manufacturing and other industrial uses,
including mechanical or chemical transformation of materials or substances into new products, including
the assembling of component parts, the manufacturing of products, and the blending of materials such as
lubricating oils, plastics and resins.
Zoning District, Residential: Zoning districts established for residential purposes.
Zoological Park: Any facility other than a pet shop, circus, or kennel displaying, exhibiting or keeping
(one or more) species of animals.
i
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