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Ordinance 14-010 Setbacks CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 14-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE TABLE 19.60- 1-AND SECTION 19.70.010(B) RELATING TO REAR AND SIDE YARD SETBACKS ADJACENT TO RESIDENTIAL ZONING DISTRICTS AND USES, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code(SVMC)Title 19,pursuant to Ordinance 07-015; and WHEREAS,on October 28,2007, SVMC Title 19 became effective;and WHEREAS,such regulations are authorized by RCW 36.70A; and WHEREAS, on May 2nd and 9th, 2014, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on May 5, 2014, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS,on May 8,2014,the Planning Commission held a study session;and WHEREAS, on May 22, 2014, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations and provided a recommendation; and WHEREAS, on June 12, 2014, the Planning Commission approved the findings and recommendations; and WHEREAS,on July 15,2014, City Council reviewed the proposed amendment; and WHEREAS, on August 26, 2014, City Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan;and WHEREAS, SVMC Table 19.60-1 and SVMC 19.70.010(B), as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC Table 19.60-1 and Section 19.70.010(B)to reduce the rear and side yard setbacks in the light and heavy industrial zones for sites located adjacent to residential zones and uses. Ordinance 14-010 Page 1 of 5 Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County-Wide Planning Policies,set forth below. 1. Land Use Policy-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. 2. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. 3. Economic Policy EDP-7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. 4. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. C. Conclusions 1. The proposed amendment bears a substantial relation to public health, safety, welfare,and protection of the environment. 2. The proposed city initiated code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). 3. The Growth Management Act stipulates that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Ordinance 14-010 Page 2 of 5 Section 3. Amendment. Spokane Valley Municipal Code Table 19.60-1 is hereby amended as follows: Table 19.60-1—Commercial Development Standards Office Commercial Mixed Use Industrial GO 0 NC** C RC CC* CMU* MUC* I-1 1-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent 20 20 20 20 20 20 20 20 20 20 to a Residential Use Minimum Side and Rear Yard Adjacent 20 20 20 20 20 20 20 20 20 35 to a Residential Zone Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65 * Except as otherwise required ** Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 Section 4. Amendment. Spokane Valley Municipal Code Section 19.70.010(B) is hereby amended as follows: 19.70.010 I-1,Light Industrial district. A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light Industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B)shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner,health certificate and permit. 3. The following structures may be erected above the height limits of this code,provided: (a)the structure is accessory to or part of a building which is a permitted use in the zone; (b)the structure complies with the height limits in the Airport Overlay zone; and(c)no residential use of the structure shall occur above the height limits prescribed in the zone: Ordinance 14-010 Page 3 of 5 a. Penthouses or roof structures for the housing of elevators,stairways,tanks,ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls,skylights, flagpoles,chimneys, church steeples, belfries,wireless masts,and similar structures. c. Structures such as silos,feed mills, batch plants,and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 4. All parking,maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology,will not adversely affect air quality,water quality or the integrity of the parking area. 5.. The following features attached to structures are allowed as exceptions to the setback standards: a. Minor Projections Allowed. Minor features of a structure,such as eaves, chimneys,fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure,uncovered stairways, wheelchair ramps and uncovered decks or balconies,may extend into a required structure setback up to 20 percent of the depth of the setback. However,they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection(B)(5)(a)of this section,the following features are allowed to project farther into the required structure setback: i. Canopies, marquees,awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street,vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. 6. Community facilities and public utility distribution facility(ies),except power poles and underground transformers,shall comply with the following conditions: a. The requirements for landscaping, signage, lighting and other requirements shall apply. b. Type I landscape screening is required along property line(s)adjacent to a residential use or zone. 7. Public utility transmission facility shall comply with the following conditions: Ordinance 14-010 Page 4 of 5 a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance,and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 8. The following shall apply to all secondhand stores and consignment sales: a. The subject parcel must have frontage on an arterial; and b. Minimum building size of 15,000 gross square feet(gsf); and c. Limited to a single tenant. 9. A home occupation may be established in a residence that has been legally permitted, excluding caretaker dwellings. 10.. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period.The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. Section 5. Other sections unchanged. All other provisions of Chapters 19.60 and 19.70 SVMC not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 9th day of September,2014. May Arrea ':rafos ATTES /nf, ,,./,.,1 A City Clerk, Christine Bainbridge Approved as to orm: 4.4.1e4 Officehe City rney Date of Publication: /- 22 4/v Effective Date: G3 :;"/ (),W Ordinance 14-010 Page 5 of 5