Chapter 19.65
SUPPLEMENTAL USE REGULATIONS
Sections:
19.65.020 Agriculture and animal.
19.65.030 Communication facilities.
19.65.040 Eating and drinking establishment.
19.65.120 Public/quasi-public.
19.65.140 Retail sales and service.
19.65.170 Warehouse, wholesale, and freight movement.
19.65.010 Purpose.
The supplemental use regulations address standards for certain uses which require additional controls in order to protect public health, safety, and welfare. The regulations in Chapter 19.65 SVMC supplement the building and site development standards found in Chapter 19.70 SVMC, Density and Dimensions. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.020 Agriculture and animal.
A. Animal Raising and/or Keeping. Where permitted, the keeping of poultry and livestock, excluding swine and chickens, is subject to the following conditions:
1. Minimum Lot Requirements.
a. In residential zones, the lot shall equal or exceed one gross acre in area, except as set forth in SVMC 19.65.020(A)(7) and (9).
b. In mixed-use zones with legally established residential uses, the lot shall equal or exceed one gross acre in area.
2. The keeping of swine is prohibited.
3. Any permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, or enclosure, or any manure pile, shall not be located within 75 feet from any dwelling.
4. Permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, or enclosure, or any manure pile, shall not be located within the front yard setback or be closer than 10 feet from any side property line.
5. The keeping of animals and livestock is limited as follows:
a. Not more than three horses, mules, donkeys, bovines, llamas, or alpacas shall be permitted per gross acre; or
b. Not more than six sheep or goats shall be permitted per gross acre; or
c. Any equivalent combination of SVMC 19.65.020(A)(5)(a) or (b).
6. Small Animals/Fowl. A maximum of one small animal or fowl (excluding chickens), including duck, turkey, goose, or similar domesticated fowl, or rabbit, mink, chinchilla, or similar animal, may be raised or kept per 3,000 square feet of gross lot area. In addition, a pen, shed, coop, hutch, or similar containment structure shall be constructed prior to the acquisition of any small animal/fowl and shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines.
7. In residential areas, the keeping of chickens is subject to the following conditions:
a. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot area, with a maximum of 25 birds allowed;
b. The keeping of roosters is prohibited;
c. Pens, coops, hutches, or similar containment structures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines;
d. Pens, coops, hutches, or similar containment structures shall be kept a minimum of 25 feet from dwellings on neighboring properties; and
e. All chickens shall be contained within the subject property.
8. Stables, paddocks, yards, runways, pens, coops, hutches, enclosures, structures, pastures, and grazing areas shall be kept in a clean and sanitary condition.
9. In residential areas, hobby beekeeping is subject to the following conditions:
a. The number of beehives shall be limited to one beehive per 4,356 gross square feet of lot area;
b. Beehives shall be set back a minimum of five feet from a side or rear property line and 20 feet from the front property line;
c. A flyaway barrier shall be provided that is at least six feet high and consists of a solid wall, solid fencing material, dense vegetation, or combination thereof, that is parallel to the side or rear property line(s) and extends beyond the beehive(s) in each direction that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the beehives;
d. Beekeepers shall maintain an adequate supply of water for bees located close to the hives; and
e. The beekeeper shall be certified by the Washington State Beekeeper’s Association.
B. Animal Shelter. In the CMU zone, animal shelters shall comply with the following conditions:
1. Not have outside runs;
2. Provide human supervision in any outdoor areas;
3. Be located along an arterial; and
4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040.
C. Community Garden. Produce may be sold pursuant to RCW 36.71.090 as adopted or amended.
D. Kennels, Doggie Day Care Facilities, and Kennels Associated with Veterinarian Clinics. Where permitted in commercial and mixed-use zones, these uses shall comply with the following conditions:
1. Not have outside runs or areas;
2. Provide adequate soundproofing for structures housing animals pursuant to Chapter 173-60 WAC;
3. Provide one parking space for every 10 animal confinement areas; and
4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.030 Communication facilities.
A. Small Cell Deployment. Small cell deployments shall comply with the provisions of Chapter 22.121 SVMC, Small Cell Deployment.
B. Telecommunication Wireless Antenna Array. Telecommunication wireless antenna arrays shall comply with the provisions of Chapter 22.120 SVMC, Wireless Communication Facilities.
C. Telecommunication Wireless Support Tower. Telecommunication wireless support towers shall comply with the provisions of Chapter 22.120 SVMC, Wireless Communication Facilities.
D. Telecommunication wireless support towers located in a residential or multifamily zoning district require a conditional use permit pursuant to Chapter 19.150 SVMC.
E. Tower, Ham Operator.
1. A building permit for the private tower is required;
2. The applicant shall submit a site plan showing the height and location of the private tower;
3. The applicant shall furnish a copy of the tower manufacturer’s construction and erection specifications;
4. The private tower shall be erected in accordance with the manufacturer’s specifications;
5. The applicant shall demonstrate the impact area (that area in all directions equal to the tower’s height above grade) is completely on his/her property. Up to one-half of the tower’s impact area in distance may be administratively approved if located on adjacent property pursuant to the administrative exception process contained in Chapter 19.140 SVMC or if the applicant has secured the appropriate easements for all property within the tower’s impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County auditor with a statement that only the City may remove the recordation;
6. A residence shall be on the same site as the private tower, except for a private repeater facility or remote base operations; and
7. The height limitation of the zone shall not be exceeded without approval of a variance or administrative exception as either may respectively pertain.
F. Tower (does not include wireless communications support tower); provided:
1. A conditional use permit pursuant to Chapter 19.150 SVMC is approved;
2. The tower base shall be enclosed by a fence not less than six feet in height with a locking gate;
3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet above the ground;
4. The tower collapse or blade impact area shall lie completely within the applicant’s property or within an adjacent property for which the applicant has secured and recorded an easement(s) for all property in the tower’s impact area; and
5. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the FCC, FAA and any required avigation easements can be satisfied. (Ord. 18-007 § 6 (Exh. A), 2018; Ord. 16-018 § 6 (Att. B), 2016).
19.65.035 Community services.
A. Emergency Shelter. Where permitted, emergency shelters shall comply with the provisions in Chapter 19.45 SVMC, Community Services.
B. Emergency Housing. Where permitted, emergency housing shall comply with the provisions in Chapter 19.45 SVMC, Community Services.
C. Transitional Housing. Where permitted, transitional housing shall comply with the provisions in Chapter 19.45 SVMC, Community Services.
D. Permanent Supportive Housing. Where permitted, permanent supportive housing shall comply with the provisions in Chapter 19.45 SVMC, Community Services.
E. Transitional Parking Programs. Where permitted, transitional parking programs shall comply with the provisions in Chapter 19.45 SVMC, Community Services. (Ord. 22-011 § 6 (Att. D), 2022).
19.65.040 Eating and drinking establishment.
A. Espresso Establishment. In the P/OS zone, espresso establishments shall be permitted as an accessory use.
B. Mobile Food Vendors.
1. Mobile food vendors shall obtain permission of the property owner to operate on the premises;
2. Mobile food vendors shall obtain the appropriate health certificates and permits; and
3. Mobile food vendors shall operate on designated paved areas and not interfere with parking or internal circulation. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.050 Entertainment.
A. Adult Entertainment and Retail. Adult entertainment and retail uses shall comply with the provisions of Chapter 19.80 SVMC, Adult Uses.
B. Exercise Facility. Exercise rooms and facilities not open to the public and accessory to uses permitted outright are allowed in the MFR, MU, CMU, NC, RC, IMU, and I zones. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.060 Industrial, heavy.
A. Hazardous Waste Treatment and Storage. Hazardous waste treatment and storage shall comply with the provisions of SVMC 21.40.060 through 21.40.063.
B. Mining. Existing mining operations may continue to operate and expand within the boundaries of an approved mining operation that, as of the date of SVMC 19.65.060(B), was in continuous and lawful operation, or which had received a Washington State Department of Natural Resources County or Municipality Approval for Surface Mining Form. New mining operations are prohibited. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.070 Industrial, light.
A. Recycling Facility.
1. In the CMU and RC zones, all recyclable materials and equipment shall be contained indoors;
2. All activities shall meet the noise requirements of SVMC 7.05.040(L);
3. In the CMU and RC zones, dangerous or hazardous materials as defined in Appendix A shall not be recycled or processed on site;
4. In the CMU and RC zones, screening in SVMC 22.70.070(E) shall be required when adjacent to an existing residential use or residential zoning district; and
5. In the CMU and RC zones, the site shall have frontage on an existing arterial or state highway and access will be limited to such frontage. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.080 Lodging.
A. Recreation Vehicle Park/Campground.
1. The maximum net units per acre shall be 15;
2. Recreational vehicle stalls shall average 1,500 square feet;
3. Accessory uses including management headquarters, recreational facilities, restrooms, dumping stations, showers, laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as accessory uses;
4. A minimum of 15 percent of the gross site shall be set aside and developed as common use areas for open or enclosed recreational facilities. Recreational vehicle stalls, private streets, storage, utility sites, and off-street parking areas shall not be counted as meeting this requirement; and
5. The recreational vehicle park shall meet all Spokane Regional Health District and City regulations regarding sewage and water.
B. Hotel/Motel in Industrial Zone. A hotel/motel use is allowed in the “I” zoning district on sites with frontage on a principal arterial. If the proposed hotel/motel use has a building footprint greater than 25,000 square feet, a conditional use permit pursuant to Chapter 19.150 SVMC is required. (Ord. 18-012 § 4, 2018; Ord. 16-018 § 6 (Att. B), 2016).
19.65.090 Marijuana uses.
All marijuana uses shall comply with the provisions of Chapter 19.85 SVMC, Marijuana Uses. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.100 Medical.
A. Medical/Dental Clinic.
1. Primary access shall be from an arterial in the MFR zone; and
2. Floor area shall not exceed 20 percent of the lot square footage in the MFR zone. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.110 Office.
A. Animal Clinic/Veterinary.
1. Animal clinics and veterinary clinics shall serve only small animals in the NC zone.
2. No burning of refuse or dead animals is allowed.
3. The applicant shall demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040.
4. All run areas shall be enclosed and supervised. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.120 Public/quasi-public.
A. Public Utility Local Distribution Facility.
1. 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; and
2. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, screening, or design, as determined by the city manager or designee.
B. Public Utility Transmission Facility.
1. 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;
2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground;
3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, screening, or design, as determined by the city manager or designee; and
4. The height of any structure above ground shall not exceed 125 feet.
C. Tower, Wind Turbine Support.
1. Requires the approval of a conditional use permit pursuant to Chapter 19.150 SVMC;
2. The tower base shall be enclosed by a fence that is at least six feet in height and has a locking gate;
3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet above the ground;
4. The tower collapse or blade impact area shall lie completely within the applicant’s property or within an adjacent property for which the applicant has secured and recorded an easement(s) for all property in the tower’s impact area; and
5. Before issuance of a conditional use permit, the applicant shall demonstrate compliance with all the applicable requirements of the FCC, FAA, and any required avigation easements can be satisfied. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
19.65.130 Residential.
A. Accessory Structures.
1. The combined building footprint of all accessory permanent structures in residential zoning districts shall be:
a. Up to 1,000 square feet for parcels up to 10,000 square feet in size; or
b. Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size.
2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district.
B. Dwelling, Accessory Units. Accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
C. Dwelling, Caretaker’s Residence. A caretaker’s residence is limited to custodial, maintenance, management, or security of a commercial property and is only allowed accessory to another permitted use on site.
D. Dwelling, Cottages. Cottages shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
H. Manufactured Homes on Individual Lots. Manufactured homes on individual lots shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
I. Manufactured Home Park. Manufactured home parks shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
J. Recreational Vehicles.
1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone, except as permitted pursuant to Chapter 19.40 SVMC;
2. A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and
3. 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. (Ord. 21-010 § 4, 2021; Ord. 16-018 § 6 (Att. B), 2016).
19.65.140 Retail sales and service.
A. Appliance Sales/Service. Retail appliance sales may be accessory in the I zone, only if manufactured and/or assembled on premises.
B. Bakery, Retail. Retail bakeries in the I zone are limited in floor area to 10 percent of the gross leasable floor area (GLFA) of the building, not to exceed 1,000 square feet.
C. Building Supply and Home Improvement Store. Floor area limited to 50,000 square feet or less in the NC zone.
D. Department/Variety Store. Department/variety stores are limited in floor area to 50,000 square feet or less in the NC zone.
E. Equipment Rental Shop. In the P/OS zone, equipment rental shops shall be permitted as an accessory use.
F. Food Sales, Specialty/Butcher Shop/Meat Market/Specialty Foods. Specialty/butcher shop/meat market/specialty foods stores shall be limited to no more than 25,000 square feet of net retail space in the NC zone.
G. Gift Shop. Gift shops in the P/OS zone may be permitted as an accessory use only.
H. Grocery Store. Grocery stores shall be limited to no more than 25,000 square feet of net retail space in the NC zone.
I. Hardware Store. Floor area limited to 50,000 square feet or less in the NC zone.
J. Market, Outdoor. Outdoor markets shall be the only outright permitted retail sales and service use in the P/OS zone.
K. Secondhand Store/Consignment Sales. Secondhand store/consignment sales shall have frontage on an arterial with a minimum floor area of 15,000 square feet. Such uses shall be limited to a single tenant. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.150 Transportation.
Battery Charging Station. Battery charging stations are allowed only as accessory to a permitted use in the R-1, R-2, R-3, R-4 and P/OS zones. (Ord. 21-010 § 4, 2021; Ord. 16-018 § 6 (Att. B), 2016).
19.65.160 Vehicle services.
A. Car Wash. Car washes are limited to a single bay in the NC zone.
B. Fueling Station. Fueling stations are only permitted as an accessory use in the NC zone. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.170 Warehouse, wholesale, and freight movement.
A. Storage, General Indoor.
1. General indoor storage is only permitted as an accessory use in the NC zone.
2. In the NC zone, all storage shall be within an enclosed building, except that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way.
B. Storage, General Outdoor.
1. Outdoor storage areas shall be paved.
2. In the RC zone, outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.070(C)(1); except that no screening is required for the following:
a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way.
b. Vehicles, machinery, and other similar items normally displayed for sale, lease, or rent may be displayed if these items are in working condition and not placed within border easements or public right-of-way.
3. In the MU and CMU zones, outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.070(C)(1); except that no screening is required for the following:
Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way.
C. Tank Storage, Critical Material above Ground. Tank storage shall comply with the provisions of SVMC 21.40.060 through 21.40.063.
D. Tank Storage, Critical Material below Ground. Tank storage shall comply with the provisions of SVMC 21.40.060 through 21.40.063.
E. Tank Storage, LPG above Ground. Tank storage shall comply with the provisions of SVMC 21.40.060 through 21.40.063. (Ord. 16-018 § 6 (Att. B), 2016).
19.65.180 Uncategorized uses.
A. Home Businesses. The following supplemental regulations apply to all home businesses.
1. Applicability. Any person, group, or entity conducting a “for profit” enterprise from a location whose primary use is a residence shall obtain a home business permit. A home business may only be established in a residence that has been legally permitted. Businesses may be exempt from the home business permit fee, as established by the master fee schedule, if all of the following criteria are met:
a. There are no proposed exterior alterations to the residence or any accessory structure(s) which change the residential character of the property;
b. Goods and commodities associated with the business are not delivered to the premises;
c. There are no business customers visiting the premises;
d. There are no signs or window displays on the property related to the business; and
e. Any employee(s) engaged in the business shall live in the residence.
2. Home businesses are permitted as accessory uses, except as indicated by SVMC 19.65.180 (A)(3), incidental to the property’s primary use as a residence, subject to the following requirements:
a. Business owner shall be primary resident;
b. Property shall retain a residential appearance and character;
c. All storage shall be enclosed within the residence or accessory structure;
d. There shall be a limit of two employees not residing on the premises engaged in the home business;
e. One unlighted sign placed flush against the exterior wall of the primary structure not exceeding four square feet in area is permitted;
f. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s);
g. The hours of operation are limited to 7:00 a.m. to 10:00 p.m.;
h. The home business use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, telephone, or television reception, nor generate measurable levels at the property line of noise, dust, smoke, odor, or glare. The business activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted;
i. Loading docks and mechanical loading devices are not permitted;
j. Traffic or parking of vehicles shall not be generated in greater volumes than normally expected in a residential neighborhood. Parking shall be accommodated within the required off-street parking on private property; and
k. Uses which are detrimental to the existing residential appearance and character are not allowed as home businesses.
3. Specific uses which are not permitted as home businesses include, but are not limited to, the following:
a. Adult retail use establishment;
b. Adult bookstore or adult entertainment establishment;
c. Auto repair;
d. Auto body repair;
e. Cabinet making;
f. Kennel or stables;
g. Large appliance/electronics or equipment repair or service;
h. Manufacturing and/or related storage;
i. Restaurants/drinking establishments;
j. Small engine repair;
k. Truck hauling and/or tow storage yard;
l. Vehicle sales;
m. Welding or metal plating shops; and
n. Wholesale or retail sales.
B. In-Ground Swimming Pool. The vertical wall of all in-ground swimming pools shall be located behind the front yard setback and at least five feet from all other property lines. All pools shall be secured in accordance with the requirements of SVMC Title 24. Temporary fencing is required during excavation. (Ord. 16-018 § 6 (Att. B), 2016).