Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.360 Special Use Temporary Permit

Section 17C.360.010 Purpose

Recognizing that in extraordinary cases the immediate cessation of an illegal use upon discovery may work hardship on innocent third parties, such as tenants, this section is intended to formalize a procedure for delaying enforcement of this chapter.

1. When notified that a use of land or a building does not conform to the requirements of this code, the owner must immediately:

1. 1. cease the use; or

1. 2. apply to the planning and economic development services director for a temporary permit in the manner provided in SMC 17C.360.010(F);

1. 3. if he wishes to continue or re-establish the use, the owner must also in a timely manner make application for such approvals as are necessary to render the use valid.

2. The planning and economic development services director, if satisfied that continuation of the illegal use for a limited time will:

1. 1. avoid unnecessary hardship; and

1. 2. not limit or impair the lawful uses of surrounding properties;

1. 3. may issue a temporary permit, for a period not to exceed the time required for diligent application for the required approval, authorizing the illegal use to continue until the required approval is either granted or denied.

3. The planning and economic development services director may attach conditions to the temporary permit in order to safeguard the public health and safety and neighborhood quality. The conditions may include, for example:

1. 1. installation of screening and buffering or the use of other techniques to mitigate adverse impacts such as noise, glare, traffic, or dust;

1. 2. limitations on days or hours of operation based on impacts on surrounding properties;

1. 3. if a condition is breached, the director immediately revokes the temporary permit.

4. When an application is granted, the director gives written notice of the approval and any conditions to the applicant and to the record owners and taxpayers of all parcels within four hundred feet of the site.

5. An application for a temporary permit admits that the use is illegal. When the application is denied, or when a temporary permit expires or is revoked for breach of a condition, the owner must immediately cease the illegal use. Beginning the day after the application is denied or the permit expires or is revoked, the owner becomes liable for a class 2 civil infraction for each day the illegal use continues.

6. Application for Temporary Permit.

A person may apply for a temporary permit. The application consists of:

1. 1. an application for "a temporary permit" that demonstrates that temporary continuation of the illegal use:

1. 1. 1. will avoid unnecessary hardship to innocent third parties;

1. 1. 2. is necessary to allow the applicant a reasonable amount of time to rectify the illegality by relocating the use, modifying the use, building, or land to bring it into compliance, or making application for a conditional use permit, zone change, or other approval;

1. 1. 3. will not involve the erection of a substantial structure or change to an existing structure, or a permanent commitment of the land to the use;

1. 1. 4. will not limit, impair or preclude the lawful use of surrounding property.

1. 2. the application fee prescribed in SMC 8.02.066(K);

1. 3. an application for a notification district map and the fee for preparation of the map;

1. 4. covenant, by acknowledged agreement, to:

1. 1. 1. promptly begin and diligently pursue whatever course of action is selected to cure the illegality, whether relocation, modification, application for approval, or otherwise; and

1. 1. 2. discontinue the use upon denial, revocation, or expiration of the temporary permit, unless the use is at that time lawful.

1. 5. an environmental checklist, if required under chapter 17E.050 SMC.

Date Passed: Monday, April 25, 2011

Effective Date: Friday, June 3, 2011

ORD C34717 Section 30