Draft Municipal Codes

 

Amendments to Airway Heights Municipal Code 17.38 Essential Public Facilities

 

Chapter 17.38 ESSENTIAL PUBLIC FACILITIES (EPFs)

Sections:
17.38.010    Essential public facilities procedures.
17.38.020    Essential public facilities of regional/statewide significance.
17.38.030    Essential public facilities of local significance.

17.38.010    Essential public facilities procedures.

A.  General. All essential public facilities (EPFs) shall be subject to the requirements of this section.

B.  Determination of Scope. The City is signatory to an interlocal agreement relating to the siting of EPFs of statewide and regional significance in accordance with RCW 36.70A.200.

1.   Application for EPF siting shall initially be made through the Spokane County department of planning and building (or similar applicable department if modified) in accordance with the adopted procedures of Spokane County.

2.   The board of county commissioners will make a determination of whether an EPF has regional/statewide significance or is of local significance.

C.  All EPFs located within the City shall be subject to the conditional use permit approval process and shall require a conditional use permit, subject to any limitations on that process pursuant to applicable law regarding siting of EPFs of regional/statewide significance.

D.  The City of Airway Heights shall require EPFs approved through the regional/statewide siting process in AHMC 17.38.020 to meet all applicable AHMC requirements except those expressly obviated as a result of that regional/statewide siting process. The City shall consider all information submitted as part of the regional/statewide siting process.

E.   EPFs of regional/statewide significance shall be further subject to the siting process and requirements of AHMC 17.38.020. EPFs of local significance shall be further subject to the siting process and requirements of AHMC 17.38.030.

17.38.020 Essential public facilities of regional/statewide significance.

A.  EPFs having statewide significance are major facilities that provide a needed public service affecting, or potentially affecting, residents and/or property located in two or more Washington State counties and may be included on the Washington State Office of Financial Management list of EPFs. These facilities include, but are not limited to, regional transportation facilities, such as commercial and military airports; freeways, highways, and beltways; state correctional facilities; secure community transitional facilities; state social services; state parks; and state higher educational facilities.

B.  EPFs having regional/countywide significance are local or interlocal facilities providing a needed public service affecting, or potentially affecting, residents and/or property located in two or more Spokane County jurisdictions. They include, but are not limited to, general aviation airports; county correctional facilities; regional transportation system; public transit maintenance and operational facilities; regional solid waste disposal/recycling/composting/handling facilities; community colleges; regional wastewater treatment facilities; arenas, stadiums, and other entertainment facilities; and regional social and health services such as in-patient hospitals, mental health facilities, and substance abuse treatment centers.

Statewide/regional EPFs shall be sited through the applicable regional/statewide siting process, including applicable procedures established pursuant to any interlocal agreement between the City and Spokane County.

C.  Following ranking of sites by the board of county commissioners, the applicant shall work directly with the City to meet the regulatory requirements for the construction and operation of the facility under the plans and regulations that were in effect at the time of initial application under the regional siting process.

17.38.030    Essential public facilities of local significance.

A.  EPFs having local significance are facilities providing a needed public service affecting, or potentially affecting, only residents and/or property within the jurisdiction in which they are located.

B.  All EPFs having local significance may only be permitted in the C-1, C-2, I-1, I-2, P, R, and OS zones and shall not be permitted in the R-1, R-2, R-3, or RM zones.

 

The City of Airway Heights Planning Commission will conduct a public hearing for  the Essential Public Facilities amendment AHMC 17.38 on Monday, March 10, 2021, at 6:00 p.m., and take public testimony on the plan. Due to Covid-19, participation will be available by Zoom web conference and telephone starting at 6:00 p.m.  Please use the following link/ phone number to access the meeting: https://us02web.zoom.us/j/85452172063 or call 253-215-8782 and use Meeting ID 854 5217 2063.

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Amendments to Airway Heights Municipal Code AHMC 17.06.030 Permitted Uses in the R-1 zone, AHMC 17.04 M Definitions, and AHMC 17.07.030 Permitted Uses in the RM zone to allow manufactured homes in zones that allow single family residences.

The City of Airway Heights (AWH) is responsible for adopting development standards to ensure that manufactured housing is not regulated differently than site-built housing consistent with RCW 35.21.684, 35.63.160, 35A.21.312, and 36.01.225.  This proposal is to amend AHMC 17.06.030 Permitted Uses in the R-1 zone to include manufactured homes, amend the definition of Manufactured and Mobile homes within AHMC 17.04 to be consistent with definitions provided within RCW 59.20.030, and amend AHMC 17.07.030 Permitted Uses in the RM zone to be consistent with the requirements of RCW 35.63.160 and 35.21.684.

17.06.030 Permitted uses.

The land uses permitted in the R-1 zone are listed in the zoning matrix and generally described as follows:

A. Single-family, unattached dwellings, including manufactured modular/prefabricated homes (no more than 10 years old) constructed to meet all the requirements of the most recently enacted state and federal regulations regarding construction and maintenance of the manufactured modular/prefabricated homes. The manufactured modular/prefabricated homes shall meet City of Airway Heights building code standards, and:

1.  Must be a new manufactured home; Be constructed in two halves comprised of at least two fully enclosed sections each of not less than 12 feet wide by 36 feet long, designed to be transported on a one-time basis and placed on a permanent footing and foundation;

2. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; The siding composition and appearance shall be similar to the conventional single-family stick-built residential structure;

3. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; Be placed on and firmly attached to a permanent foundation;

4. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences; Have permanent, legal stairs affixed to all exits;

5. The manufactured home 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 concrete product which can be either load bearing or decorative; Have a size, construction, siting and other features which are harmonious with surrounding residential properties and which shall preserve the general character and integrity of the neighborhood;

6. The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; Shall meet currently adopted International Building, Fire, and Mechanical Codes, Uniform Plumbing Code, and Washington State Energy Code.

7. The home is thermally equivalent to the state energy code; and

8. The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

B. Clustered single-family housing with an approved PUD overlay as provided in Chapter 17.17 AHMC.

C. Accessory Uses.

1. Private garage and carports;

2. Accessory sheds;

3. Outdoor patios;

4. Outdoor fireplaces;

5. Swimming pools;

6. Hot tubs.

D. Secondary Uses.

1. Home profession as defined in Chapter 17.04 AHMC where public hearing review is not required.

2. Noncommercial gardening and fruit raising.

3. Family day care home when licensed by the Department of Social and Health Services of the state of Washington under the administrative policy of Chapter 388-155 WAC:

a. Such homes shall comply with all building, fire safety, health codes and business licensing requirements and will require inspection by the City Building Official;

b. Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district, except if the structure is a legal nonconforming structure;

c. No structural or decorative alteration that will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences will be permitted. (Ord. C-675 § 67, 2008)

17.04.130 M definitions.

“Manufactured (mobile) home” means either a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater. a factory-built structure, transportable in one or more sections as a complete living area, which contains a permanent frame or chassis. The unit may or may not be installed on a permanent foundation. This definition does not include “modular (prefabricated) homes.”

“Manufactured (mobile) home park” means a tract of land five acres or more in size, legally divided into rental spaces in accordance with this chapter, under common ownership or management for the purpose of locating two or more manufactured (mobile) homes.

“Mixed-use development” means the development of a tract of land, building(s), or structure(s) with residential and commercial uses in a compact urban form. Mixed-use areas are designed to be pedestrian friendly and are intended to reduce dependency on the automobile and create a sense of place. Mixed-use developments are also referred to as mixed-use in-fill developments, mixed-use centers, mixed-use urban villages, mixed-use neighborhood centers, and mixed-use community centers.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act.

“Mobile support tower” shall mean a tower used as a cellular communication facility designed to be portable or mobile in nature and design; a cellular communications facility not intended for long-term or permanent placement.

“Modular/prefabricated home” means a modular or prefabricated home constructed after June 15, 1976, in accordance with state and federal Department of Housing and Urban Development (HUD) requirements, which:

1. Is comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long, designed to be moved on a one-time basis and placed on a permanent footing and foundation;

2. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built currently adopted International Residential Code single-family residences, and is installed on a permanent concrete, cinder block and mortar, stucco-coated, pressure-treated wood, or other approved foundation material, or as approved by the City Building Official;

3. The roof shape and composition shall be similar to the conventional single-family stick-built residential structure and have at least a 3:12 pitch with overhang;

4. Shall meet currently adopted International Building, Fire, and Mechanical Codes, Uniform Plumbing Code and Washington State Energy Code;

5. This definition does not include “manufactured (mobile) homes.”

“Monument sign” means a freestanding permanent sign which is of solid construction affixed in or upon the ground, usually of masonry, concrete, or wood and located in a maintained landscaped area. Sign area shall include only that portion containing letters, graphics, or other copy which advertises a business, product, service, or location.

“Multiple business sites” means any parcel, lot, or site which contains three or more businesses owned and/or operated by separate entities. (Ord. C-921 § 2, 2019; Ord. C-675 § 46, 2008)

 17.07.030 Permitted uses.

The land uses permitted in the RM zone are listed in the zoning matrix and generally described as follows:

A. Single-family manufactured (mobile) home parks which meet the specific standards outlined in Chapter 17.27 AHMC;

B. Single-family manufactured (mobile) housing on individual lots, which meet the following standards:

1. Must be a new manufactured home; All manufactured homes shall not be more than 10 years old as determined by the manufacturer date placed in any zone in the City, including mobile home parks;

2. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; All manufactured homes shall be doublewide in size (each half a minimum of 12 feet wide) and have a minimum floor area of 800 square feet when erected;

3. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; All manufactured homes shall be placed on continuous footings below frost depth as specified by the Building Inspector and shall be blocked per manufacturer’s specifications. The foundation system shall be pit set;

4. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences; All manufactured homes shall be skirted with material that will resemble a typical residential foundation. The required crawl space shall be vented per manufacturer’s specifications. Siding must appear nonmetallic and look like a stick-built home;

5. The manufactured home 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 concrete product which can be either load bearing or decorative;

6. The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

7. The home is thermally equivalent to the state energy code; and

8. The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

C. Accessory uses as allowed in the R-1 zone; however, no accessory structure shall contain more square footage than the primary dwelling unit;

D. Secondary uses as allowed in the R-1 zone;

E. Single-family, unattached dwellings. (Ord. C-675 § 83, 2008)

The City of Airway Heights Planning Commission will conduct a public hearing for the Manufactured Homes amendment  on Monday, March 10, 2021, at 6:00 p.m., and take public testimony on the plan. Due to Covid-19, participation will be available by Zoom web conference and telephone starting at 6:00 p.m.  Please use the following link/ phone number to access the meeting: https://us02web.zoom.us/j/85452172063 or call 253-215-8782 and use Meeting ID 854 5217 2063.

 

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17.15 Airport Overlay Zone

The GMA requires cities with airports within or adjacent to their boundaries to adopt zoning that discourages the siting of incompatible uses adjacent to general aviation airports under RCW 36.70A.510 and RCW 36.70.547. The City of Airway Heights is adjacent to the Spokane International Airport (SIA).  The City adopted the first zoning regulation for SIA protection and compatibility in 2008. The AOZ was adopted as an overlay zone that contained additional standards for development related to building height, range of uses based on intensity and limitations on development in areas defined at the end of the runway identified as Accident Potential Zone A and B (depicted on map with this report).  The City having adopted the AOZ is in compliance with GMA for airport compatibility.

In 2016, in joint effort Spokane County, the City of Spokane with SIA developed an Airport Overlay Zone with different standards for accident potential zone and an airport noise zone.  The Airport Compatibility Zone (ACZ) system was created to reflect 5 types of safety and compatibility zones radiating from the existing two airfields and a proposed third airfield.  The only ACZ to intersect with the City of Airway Heights is ACZ 5, based on the proposed third runway.  The Airport Noise Zone (ANZ) also was developed to reflect a 1,000 foot buffer from the 65 LdN sound border to the runways.  This effort did not involve the City of Airway Heights and was not adopted.

 As the City completes the requisite periodic update including the comprehensive plan adoption, zoning map update and review of the development codes, a review of the current AOZ has been completed.  Staff is recommending adopting standards similar to Spokane County and the City of Spokane for airport capability. Click here for a draft of the Airport Overlay Zone: 17.15 Airport Overlay Zone and map: Airport Overlay Zone Map

The City of Airway Heights Planning Commission will conduct a public hearing for the Airport Overlay amendment  on Monday, March 10, 2021, at 6:00 p.m., and take public testimony on the plan. Due to Covid-19, participation will be available by Zoom web conference and telephone starting at 6:00 p.m.  Please use the following link/ phone number to access the meeting: https://us02web.zoom.us/j/85452172063 or call 253-215-8782 and use Meeting ID 854 5217 2063.

 

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Adult Family Homes and amendments to 17.04 Definitions; 17.05 Zone Classifications, Map and Matrix; 17.06 Single-Family Residential Zone (R-1); and 17.09 Multiple-Family Residential Zone (R-3). 

 The Revised Code of Washington (RCW) 36.70A.410 states,

“Treatment of residential structures occupied by persons with handicaps. No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).”

 The purpose of Adult Family Homes according to RCW 70.128.007 is to,  

“(1) Encourage the establishment and maintenance of adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations who need personal and special care;

(2) Establish standards for regulating adult family homes that adequately protect residents;

(3) Encourage consumers, families, providers, and the public to become active in assuring their full participation in development of adult family homes that provide high quality and cost-effective care;

(4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that promotes the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice; and

(5) Accord each resident the right to participate in the development of the care plan and in other major decisions involving the resident and their care.”

The Revised Code of Washington (RCW) 70.128.140 states, “An adult family home must be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes are a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.”  To review the draft click here: Adult Family Homes

The City of Airway Heights Planning Commission will conduct a public hearing for Adult Family Homes to residential zones on Monday, March 10, 2021, at 6:00 p.m., and take public testimony on the plan. Due to Covid-19, participation will be available by Zoom web conference and telephone starting at 6:00 p.m.  Please use the following link/ phone number to access the meeting: https://us02web.zoom.us/j/85452172063 or call 253-215-8782 and use Meeting ID 854 5217 2063.