Chapter 19.20
ESTABLISHMENT OF ZONING DISTRICTS
Sections:
19.20.010 Zoning districts.
19.20.020 Zoning district map.
19.20.030 Zoning district boundary considerations.
19.20.040 Newly annexed territory.
19.20.050 New and unlisted uses.
19.20.060 Nonconforming uses and structures.
19.20.010 Zoning districts.
The City has established the following zoning districts:
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R-1 |
Single-Family Residential Estate District |
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R-2 |
Single-Family Residential Suburban District |
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R-3 |
Single-Family Residential District |
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R-4 |
Single-Family Residential Urban District |
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MF-1 |
Multifamily Medium Density Residential District |
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MF-2 |
Multifamily High Density Residential District |
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MUC |
Mixed Use Center District |
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CMU |
Corridor Mixed Use District |
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CC |
City Center District |
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GO |
Garden Office District |
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O |
Office District |
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NC |
Neighborhood Commercial District |
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C |
Community Commercial District |
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RC |
Regional Commercial District |
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I-1 |
Light Industrial District |
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I-2 |
Heavy Industrial District |
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P/OS |
Parks/Open Space |
(Ord. 09-017 § 1, 2009; Ord. 07-015 § 4, 2007).
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. (Ord. 07-015 § 4, 2007).
19.20.030 Zoning district boundary considerations.
In determining the boundaries of any zoning district the following rules shall apply:
A. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines;
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C. Whenever any street, alley or other public way is vacated by official action of the 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 vacation shall then and henceforth be subject to all regulations of the extended districts;
D. 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;
E. Boundaries indicated as approximately following City limits shall be construed as following City limits;
F. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines;
G. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline;
H. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; and
I. 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. (Ord. 07-015 § 4, 2007).
19.20.040 Newly annexed territory.
Upon annexation of property, in the absence of a pre-established zoning designation therefor, the 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 12 months unless otherwise provided by ordinance. The process for establishing an interim zoning district shall meet the requirements of RCW 36.70.795. 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 17.80.140. (Ord. 07-015 § 4, 2007).
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:
A. 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;
B. 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;
C. 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 determine the zoning district or districts where such use should be permitted. Proposed changes in the schedule of permitted uses for any new or unlisted uses shall be transmitted to the council following notice and hearing;
D. The council shall, by ordinance, approve, modify, or deny the recommendation of the commission. (Ord. 07-015 § 4, 2007).
19.20.060 Nonconforming uses and structures.
A. Applicability. Legal nonconforming uses and structures include:
1. Any use, which does not conform with the present regulations of the zoning district in which it is located shall be deemed a nonconforming use if it was in existence and in continuous and lawful operation prior to the adoption of these regulations;
2. Any permanent structure in existence and lawfully constructed at the time of any amendment to this code, which by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use;
3. Any permanent structure lawfully used or constructed that was in existence at the time of annexation into the City and which has since been in regular and continuous use;
4. The provisions of this chapter do not apply to structures or uses deemed nonconforming only pursuant to the Shoreline Management Act (Chapter 90.58 RCW) and the Spokane Valley Shoreline Master Program (Chapter 21.50 SVMC).
B. Continuing Lawful Use of Property.
1. The lawful use of land at the time of passage of this code, or any amendments hereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months. The right to continue the nonconforming use shall inure to all successive interests in the property. It is specifically provided, however, that any nonconforming use discontinued as a result of foreclosure or judicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24 months. Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance.
2. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use.
3. A nonconforming use which has not been abandoned or discontinued may be replaced with the following:
a. A conforming use;
b. Another nonconforming use; provided, that the new use is not less conforming than the prior use. This determination will be made by the director based on the NAICS codes;
c. The proposed use places no greater demand on transportation and other public facilities than the original use; or
d. The proposed use does not adversely affect or interfere with the use of neighboring property.
4. A nonconforming use may be expanded only within the boundaries of the original lot or tract and any adjacent lot or tract that was under the same ownership as the lot or tract at the time the use on the original lot or tract became nonconforming if:
a. The expanded use does not degrade the transportation level of service greater than the original use; and
b. The expanded use does not adversely affect or interfere with the use of neighboring property; and
c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously with the transfer of ownership of the lot or tract on which the nonconforming use is located as part of a single transaction; and
d. The expansion does not create additional development opportunities on adjacent tracts that would not otherwise exist.
5. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width shall be deemed in conformance with this code, as long as the use of the lot is allowed in the respective district.
6. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to current standards shall not be considered as nonconforming.
7. Any nonconforming use damaged by fire, flood, neglect or act of nature may be replaced if:
a. Restoration of the use is initiated within 12 months; and
b. The damage represents less than 80 percent of market value.
8. Any nonconforming use changed to a conforming use shall not be permitted to convert to a nonconforming use.
C. Nonconforming Structures. Expansion of a nonconforming structure is allowed in accordance with the following:
1. The expansion or alteration does not change the occupancy classification under adopted building codes;
2. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage;
3. The number of dwelling units in a nonconforming residential structure does not increase so as to exceed the number of dwelling units permitted within current regulations;
4. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions; and
5. Any nonconforming structure damaged by fire, flood, neglect or act of God may be replaced if:
a. Restoration of the structure is initiated within 12 months; and
b. The damage represents less than 80 percent of market value of the structure.
D. 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 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 180 days of the effective date of these regulations. (Ord. 07-015 § 4, 2007).