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Ordinance 06-012 Amending Use Matrix and Off-Road Vehicle Use CITY OF SPO.K4iYE VA1aI,EY 5I'OKAi\°)1 COUNTY, WASFIII'GTON ORDINAL\°C)? NO. 06-012 Ai\' ORDINANCE OF THE CITY OF SPOKAi\=E VALLEY, Sl`'UKANF COUNTY, WASHINGTON, AN[ENDING THE ZONING CODE it)JGULATIONS TO DEP+Ii\'E "OFF-ROA_D VF>`IICI.~F USE," A.ND A?\'IENDING 1'liE 175Ir" MATRIX TO PR.I:CLUDE SUCTI USF IN RFSIDENTiAi.. 70\TES; PI20V1D1NG FOIL SEVE1tA]3CL1'I'Y AND EFFECTIVE DATE. ~VH~RFAS, the City has the duty and authority to maintain and protect the health; safety and welfare of its citi-rcn-hand WWFRf~AS, certain uses on private property in residential areas are detrimental to the public interest and interfere with the use and enjoyment of public and private property in the community; and WHEREAS; the City is able to prohibit certain uses of property in an effort to improve the quality of life within the City through regulations limiting dte uses to which private property may be used; and ~Vl-iER~,AS; the operation of gas-powered recreatignal vehicles is detrirnentztl to the public health, safety and welfare in residential zones, interfering with the quiet enjoyment of homes, patios and yards of adjacent uses by creating dust. repetitive noise and odors. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to amend SVIViC 10.30.060 to provide a definition for "off=road vehicle. use," and to list which zones in the City in which offi road vehicle use will be prohibited. Section 2. Amendment. Spokane Valley Municipal Code section 10.30.060, which codifies the City's Interim Toning Code, is amended as follows: 1. AddinE definition for "Off-road vehicle use" to 1.4.300.1.1.10. The followinj definition is added to the Interim Spokane Valle}r %oning Code: "Off=road vehicle use" is the operation of any gas-po+vorcd mgtorired vehicle by which persons maybe transported, including but not limited to motorcycles and/or all-ten-ain vehicles, on private property fqr rccrrational purposes. This definition is not intended t:o include vehicles which were designed constructed for yard or garden work in residential areas." 2. Adding "Off-road vehicle use" to Interim Zoning Code 14.605.020, residential use matrix. UR-1 UR-3.5 UR-7* UR-7 UR-l2 UR-22 Off-road vehicle use N N N N N \r Section 3. Application to New. Expanded and 1J~isting Uses. These provisions will prohibit new or expanded off-road vehicle use on the effective date of this ordinance. Nohvithst~lnding the provisions of 14.508 to the contrary, any existing off road vehicle use shall be abated no later than sip months following the effective date of this ordinance. Ordinance O6-012 Ot]=Rnud Vehielc Usc Page 1 of 2 Section 4. Remainder of SVMC 10.30.060 Unchanged. The remaining provisions of SVMC 10.30.060 arc unchanged by this amendment. Section 5. Severability. if any section, sentence, clause or phrase ofthis Ordinance shquld 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 ofthis Ordinance. Section b. Fffective Date. This Ordinance shall be in full farce and effect five (S) days aver publication ofthis Ordinance or a summary thereof occurs in the official newspaper of the City as provided by la~v. PASSED by the City Council this 9th day of May, 2006. -C~o,~ Mayor; Diana 1~'ilhite AT L~T• /j r i , - ~ Clerk, Christine 13ainbrid~;e Approved as Lo Form: ~ - r Of~ficc of t City Atto y Hate of Publication: / cj' D~ Effective Date: Urdinane~e 06-012 Off-It~ud Vehicle Use Rage 2 of?