Chapter 19.40
ALTERNATIVE RESIDENTIAL DEVELOPMENT OPTIONS

Sections:

19.40.010    Purpose.

19.40.020    Relationship to other SVMC provisions.

19.40.030    Development standards – Accessory dwelling units.

19.40.040    Development standards – Industrial accessory dwelling units.

19.40.050    Development standards – Cottage development.

19.40.060    Development standards – Duplexes.

19.40.070    Development standards – Manufactured homes on individual lots.

19.40.080    Development standards – Manufactured home parks.

19.40.090    Reserved.

19.40.100    Development standards – Townhouses.

19.40.110    Community buildings.

19.40.120    Homeowners’ or property owner association required.

19.40.010 Purpose.

The purpose of Chapter 19.40 SVMC is to provide alternative residential development options to traditional single-family dwellings and multifamily dwellings. These standards provide opportunities changing composition of households and the need for smaller, more diverse, and often, more affordable housing choices. Providing for a variety of housing types also encourages innovation and diversity in housing design and site development, while ensuring compatibility with surrounding single-family residential and nonresidential development. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.020 Relationship to other SVMC provisions.

A. SVMC Title 19, Zoning Regulations. The standards of Chapter 19.40 SVMC modify and supplement the standards in other provisions of SVMC Title 19. In the event of a conflict between the standards in Chapter 19.40 SVMC and other requirements of SVMC Title 19, the provisions of Chapter 19.40 SVMC shall govern.

B. Chapter 17.80 SVMC, Permit Processing Procedures. Alternative residential development is allowed in the zoning districts shown in the permitted use matrix in SVMC 19.60.050. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.030 Development standards – Accessory dwelling units.

A. Site.

1. An ADU may be developed in conjunction with either an existing or new primary dwelling unit;

2. One ADU, attached or detached, is allowed per lot; and

3. One off-street parking space for the ADU is required in addition to the off-street parking required for the primary dwelling unit.

B. Building.

1. The ADU shall be designed to meet the appearance of a single-family residence and shall be the same or visually match the primary dwelling unit in the type, size, and placement of the following:

a. Exterior finish materials;

b. Roof pitch;

c. Trim; and

d. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical);

2. The entrance to an attached ADU 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 of the street. Only one entrance may be located on the facade of the primary dwelling unit in order to maintain the appearance of a single-family residence;

3. The ADU shall not exceed 50 percent of the habitable square footage of the primary dwelling unit, nor be less than 300 square feet;

4. The footprint of the ADU shall not exceed 10 percent of the lot area or 1,000 square feet, whichever is greater; and

5. The ADU unit shall not have more than two bedrooms.

C. Additional Development Standards for ADUs.

1. ADUs shall be located behind the front building setback line and placed on a permanent foundation;

2. ADUs shall preserve all side yard and rear yard setbacks for a dwelling unit pursuant to Table 19.70-1;

3. ADUs shall not be allowed on lots containing a duplex, multifamily dwelling, or accessory apartment contained within the principal structure; and

4. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks.

D. Other.

1. The owner, as established by the titleholder, shall occupy either the primary dwelling unit or the ADU as their permanent residence for six months or more of the calendar year and at no time receive rent for the owner-occupied unit. The application for the ADU shall include a letter from the owner affirming that one legal titleholder lives in either unit, meeting the requirement of owner occupancy.

2. Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in the SVMC.

3. Home businesses are prohibited in the ADU.

4. Approval of an ADU may be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in the SVMC.

5. The owner may cancel an ADU’s registration by filing a letter with Spokane County auditor. The ADU may also be cancelled as a result of an enforcement action.

6. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.040 Development standards – Industrial accessory dwelling units.

A. Site.

1. An industrial ADU may be developed in conjunction with either an existing or new building;

2. The maximum number of allowed industrial ADUs is 10 per site; and

3. One off-street parking for each ADU is required in addition to the off-street parking required for the primary use.

B. Building.

1. The ADU, excluding any garage area, is prohibited on the first floor of the building; and

2. The ADU unit shall not have more than two bedrooms.

C. Permit Type. Industrial accessory dwelling units shall require approval of a conditional use permit pursuant to Chapter 19.150 SVMC. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.050 Development standards – Cottage development.

A. Site.

1. The design of a cottage development shall take into account the relationship of the site to the surrounding areas. The perimeter of the site shall be designed to minimize adverse impact of the cottage development on adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development characteristics on the cottage development;

2. The maximum density shall be two times the maximum number of dwelling units allowed in the underlying zone;

3. Where feasible, each cottage that abuts a common open space shall have a primary entry and/or covered porch oriented to the common open space;

4. Buildings shall meet the following minimum setback standards:

a. Twenty-foot front yard setback;

b. Ten-foot rear yard setback; and

c. Five-foot side yard setback;

5. Common open space is required and shall meet the following criteria:

a. Four hundred square feet of common open space per cottage;

b. Setbacks and private open space shall not be counted towards the common open space;

c. One common open space shall be located centrally to the project with pathways connecting the common open space to the cottages and any shared garage building and community building;

d. Cottages shall surround the common open space on a minimum of two sides of the open space; and

e. Community buildings may be counted toward the common open space requirement;

6. One and one-half off-street parking spaces for each cottage is required.

B. Building.

1. Cottages shall not exceed 900 square feet, excluding any loft or partial second story and porches. A cottage may include an attached garage, not to exceed an additional 300 square feet.

2. The building height for a cottage shall not exceed 25 feet.

3. The building height for any attached garage or shared garage building shall not exceed 20 feet.

4. Buildings shall be varied in height, size, proportionality, orientation, rooflines, doors, windows, and building materials.

5. Porches shall be required.

C. Other.

1. Accessory dwelling units are prohibited.

2. All other SVMC provisions that are applicable to a single-family dwelling unit shall be met.

D. Permit Type. Cottage development shall require approval of a conditional use permit pursuant to Chapter 19.150 SVMC.

E. SVMC Title 20, Subdivision Regulations. The design requirements of SVMC 20.20.090 are waived. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.060 Development standards – Duplexes.

Duplex development in the R-3 zone shall have a minimum lot size of 14,500 square feet. Duplex development in nonresidential zones shall meet the requirements set forth in SVMC 19.70.050(G). (Ord. 20-009 § 6 (Att. B), 2020; Ord. 16-018 § 6 (Att. B), 2016).

19.40.070 Development standards – Manufactured homes on individual lots.

A. Pursuant to the requirements of RCW 35.21.684, the City does not discriminate against consumers’ choices in the placement or use of a home that is not equally applicable to all homes. SVMC 19.40.070 applies only to manufactured housing units placed on individual lots.

B. Homes built to 42 U.S.C. 70 Sections 5401 through 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:

1. 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;

2. Comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 3:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located;

3. Be thermally equivalent to the State Energy Code; and

4. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.

C. SVMC 19.40.070 does not override any legally recorded covenants or deed restrictions of record.

D. An existing single-wide manufactured home may be replaced with a new single-wide manufactured home when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of market value, or removal of existing habitable manufactured home.

E. Manufactured homes with dimensional features that match or closely match the predominant manufactured home type within a manufactured home subdivision may be placed in the manufactured home subdivision without regard to the age of the manufactured home. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.080 Development standards – Manufactured home parks.

A. Manufactured home parks shall require approval of a binding site plan and site plan review pursuant to SVMC Title 20, Subdivision Regulations, and Chapter 19.130 SVMC, Site Plan Review.

B. Manufactured home park density shall be consistent with the zoning classification they are located in not to exceed 12 units per acre. A minimum of five manufactured home spaces shall be required per park.

C. Manufactured home parks shall provide at least 10 percent of the gross area of the park for common open space for the use of its residents.

D. Each manufactured home space shall have direct frontage on a public or private street.

E. The minimum setbacks shall be pursuant to Table 19.40-1.

Table 19.40-1 – Manufactured Home Park Minimum Setbacks (in Feet)1

 

Minimum setback from the property lines of individual in park spaces

Minimum setback from the boundary of the manufactured home park

 

Front Yard

Side Yard

Rear Yard

Side Yard

Rear Yard

Right-of-Way

Manufactured homes

5

5

5

10

10

20

Patio covers, decks, landings, awnings

5

5

5

5

5

20

Carports

5

5

5

5

5

20

1Greater setback shall control.

(Ord. 16-018 § 6 (Att. B), 2016).

19.40.090 Reserved.

(Ord. 16-018 § 6 (Att. B), 2016).

19.40.100 Development standards – Townhouses.

A. In zero lot line developments approved as part of a planned residential development, zero setbacks along one side are allowed, provided a two-foot maintenance easement is recorded as part of the subdivision plan.

B. Townhouses located on individual lots shall meet minimum rear, front, and side yard requirements (where applicable), minimum area requirements, maximum lot coverage, and building height requirements shown in Table 19.70-1. Townhouses are subject to the following requirements:

1. No more than six dwelling units shall be attached in one continuous row or group;

2. Townhouse unit shall not be constructed above another townhouse unit;

3. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet;

4. Townhouses included in a condominium development may limit the lot to the building footprint; provided, that the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.110 Community buildings.

Community buildings are encouraged in cottage developments. Community buildings shall meet the following criteria:

A. Community buildings shall be clearly incidental in use and shall not exceed 1,000 square feet.

B. Community buildings shall be no more than 20 feet in height.

C. Community buildings shall be commonly owned and maintained by the property owners. (Ord. 16-018 § 6 (Att. B), 2016).

19.40.120 Homeowners’ or property owner association required.

In a cottage development or manufactured home park, a property owners’ or homeowners’ association shall be established for the purpose of ownership, maintenance, and management of open spaces, common areas, and buildings, and private streets as required by the provisions of the SVMC. (Ord. 16-018 § 6 (Att. B), 2016).