Chapter 17.29


17.29.010    Purpose.

17.29.020    Authority.

17.29.030    Location.

17.29.040    Licensing.

17.29.050    Relationship to regional siting process.

17.29.060    Conditional use permit required.

17.29.070    Conformance with state law.

17.29.010 Purpose.

The purpose of this chapter is to provide a mechanism for the review, evaluation and permitting of secure community transition facilities in a manner consistent with the provisions of state law and in the best interests of the residents of Airway Heights and the immediately surrounding areas. (Ord. C-675 § 344, 2008)

17.29.020 Authority.

This chapter is adopted under the authority of the City of Airway Heights’ application of police power and as outlined in the City of Airway Heights Comprehensive Plan. By regulating the location of secure community transition facilities and by requiring certain operational and/or design-related mitigation measures as part of permit approval, the City of Airway Heights is acting well within its obligations to protect the public interest and to ensure orderly development of land within the City limits. (Ord. C-675 § 345, 2008)

17.29.030 Location.

No secure community transition facility shall be located immediately across the street from, immediately across a parking lot from, immediately adjacent to or within line of sight of the following pre-existing uses, as measured from the nearest property line of the secure community transition facility to the nearest property line of the pre-existing use (for Airway Heights, “line of sight” means that it is possible to reasonably visually distinguish and recognize individuals. In most circumstances, a visually unobstructed distance of 600 feet constitutes line of sight.):

A. Public library;

B. Public playground, sports field, recreational center, community center, park, publicly dedicated trail;

C. Public or private school and its grounds, preschool to twelfth grade;

D. School bus stop;

E. Licensed child day care center;

F. Places of worship, such as churches, mosques, temples and synagogues;

G. Another secure community transition facility;

H. Establishments serving or selling alcohol;

I. Any other risk potential activity or facility identified in siting criteria by the Department of Social and Health Services, with respect to siting a secure community transition facility. (Ord. C-675 § 346, 2008)

17.29.040 Licensing.

The secure community transition facility shall meet all applicable state, federal and local licensing requirements for a facility authorized by state, federal or local authorities to confine and treat sex offenders through a rehabilitation treatment program for those conditionally released from total confinement under a court-ordered civil commitment. (Ord. C-675 § 347, 2008)

17.29.050 Relationship to regional siting process.

Before applying for a conditional use permit, the applicant for a secure community transition facility shall have complied with all applicable requirements for the siting of an essential public facility in accordance with state, regional and local laws and policies, including the Spokane County Regional Siting Process for Essential Public Facilities. (Ord. C-675 § 348, 2008)

17.29.060 Conditional use permit required.

Secure community transition facilities shall obtain a conditional use permit approval prior to applying for building or occupancy permits. The conditional use permit shall be subject to the material and procedural requirements contained in AHMC 17.03.100 and the essential public facilities element of the Airway Heights Comprehensive Plan. Conditional use permits for secure community transition facilities may include operational or design-related conditions to address concerns related to ensuring adequate sex offender treatment, continued community safety and public education and outreach. (Ord. C-675 § 349, 2008)

17.29.070 Conformance with state law.

The applicant for a secure community transition facility shall demonstrate that the proposed use has met all the standards required by state law for public safety, staffing security and training and that those standards shall be maintained for the duration of the operation of the secure community transition facility. (Ord. C-675 § 350, 2008)