Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.182 Fairchild Overlay Zones

Section 17C.182.220 Compatible Uses and Densities – MIA 3/4

1. This section classifies land uses and activities into use categories on the basis of common characteristics that are potentially compatible or incompatible with Fairchild AFB missions. Uses that put people in harm’s way, increase the risk or severity of an aircraft accident, endanger public infrastructure, or reduce the long-term functionality and economic viability of the region’s civil and military aviation facilities are considered incompatible.

2. Uses Not Listed.

Examples of uses that are included in the use category are provided. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “wholesale liquidation” but that sells mostly to consumers would be considered a retail sales use rather than a wholesale sales use. As such it would be in the high intensity uses category rather than the low intensity uses category. This is because the actual activity on the site matches the description of the retail sales and service category. A use may not be listed but may have the same incompatible characteristics as a listed use. The planning services director may determine that a proposed use has similar incompatible characteristics as other uses that are permitted or not permitted and therefore should also be permitted or not permitted.

3. This section also specifies uses and densities allowed in military influence area 3/4. If these requirements conflict with the requirements applicable to the clear and accident potential zones specified in SMC 17C.182.400 the more restrictive requirements apply. The use and activity categories and associated density maximums and limitations are as follows:

1. 1. Residential Uses.

1. 1. 1. The residential use category includes a variety housing types and densities consistent with the underlying residential zoning. Examples of residential uses include single-family residences, duplexes, manufactured homes, condominiums, apartments, group homes and motels, hotels, boarding houses where occupancy is arranged for longer than thirty days.

1. 1. 2. Urban residential uses are permitted in the MIA 3/4 where the underlying zone is residential. Residential uses are not permitted where the underlying zone is industrial, commercial or other non-residential zone. Urban residential densities shall not exceed the density allowed by the underlying zone adopted prior to adoption of this chapter. Urban residential zones adopted prior to the adoption of this regulation shall not be geographically expanded. New residential zones are prohibited. Residential densities allowed by residential zones adopted prior to the adoption of this chapter shall not be increased.

1. 1. 3. Undeveloped parcels of record legally created prior to this regulation may be developed with a single-family home provided the underlying zone allows the use and density. All allowed residences shall comply with all requirements of this chapter to include the sound reduction requirements in SMC 17C.182.300.

1. 1. 4. Zoning changes and planned unit developments that allow for further urban residential densification or new or expanded residential zones within MIA 3/4 are not permitted.

1. 2. High Intensity Non-Residential Uses.

1. 1. 1. High intensity uses have the potential to concentrate a large number of people in a small area and are deemed incompatible with Fairchild AFB. These uses are deemed incompatible because of their potential to put a large number of people in harm’s way. Examples of high intensity uses include religious institutions, theaters, auditoriums, arenas, concert halls, amphitheaters, meeting halls, gymnasiums, skating rinks, bowling alleys, arcades, community centers, universities and colleges, museums, public libraries, funeral homes, arenas, outdoor amphitheaters, outdoor spectator sports, racetracks and speedways, amusement parks, water feature parks and facilities, campgrounds, fairgrounds, circuses, carnivals, eating and drinking establishments, farmers markets, retail sales and services, shopping centers, hotels, motels, auction events, offices, businesses with a large number of employees, bus and rail passenger terminals and mass shelters. Hotels and motels in which occupancy is arranged for over thirty days are deemed residential uses.

1. 1. 2. Non-aviation related museums, libraries, race tracks, hotels, motels, resorts, group camps, non-aviation related colleges and universities, participant sports and recreation, amusement parks, recreational vehicle parks, entertainment uses, cultural facilities, public assembly facilities (concert halls, theaters, stadiums, amphitheaters, arenas, community centers, churches and similar facilities) are not permitted.

1. 1. 3. All other high intensity uses are allowed when permitted by the underlying zoning at a net density not exceeding one hundred eighty persons per individual acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.

1. 3. Low Intensity Non-Residential Uses.

1. 1. 1. Low intensity non-residential uses do not concentrate people or hazardous materials into small areas, are not sensitive to loud noise and do not directly or indirectly inhibit aviation operations. Examples of low intensity uses include agricultural uses (that do not attract wildlife hazardous to aviation operations), kennels, animal clinics, sales of motorcycles, automobiles, trucks, marine craft, manufactured homes and recreation vehicles, commercial parking, quick vehicle service, maintenance and repair shops, towing services, taxicab terminals, wholesale sales, ministorage, warehouses, non-labor intensive manufacturing, printing and publishing, cemeteries, trails, rail lines, roads, underground utilities.

1. 1. 2. Low intensity non-residential uses which do not allow a net density to exceed one hundred eighty persons per net acre are deemed to be compatible with Fairchild AFB and are permitted in MIA 3/4 where the underlying use allows the use.

1. 4. Vulnerable Occupant Uses.

1. 1. 1. Vulnerable occupant uses are uses in which a majority of occupants are children, elderly or disabled or other people who have reduced mobility or are unable to timely respond to emergencies or avoid harm’s way. Examples of vulnerable occupant uses include daycare centers, family daycares, schools (grades K-12), hospitals, adult care and other health care facilities where anesthesia is used or patients remain overnight, correctional facilities, retirement homes, nursing homes, convalescent facilities and assisted living care residences.

1. 1. 2. Uses with vulnerable occupants are allowed outside the Ldn seventy-five contour when permitted in the underlying zone at a net density not exceeding one hundred eighty persons per individual acre calculated by dividing the building code occupancy of all structures on the site, provided that retirement homes, nursing homes, convalescent facilities, assisted living residences, community treatment facilities, child day care and preschools, hospitals and schools (grades K-12) are not permitted in MIA 3/4.

1. 5. Critical Community Infrastructure.

1. 1. 1. Critical community infrastructure includes facilities whereby damage or destruction of which would cause significant adverse effects to public health and welfare within or beyond the immediate vicinity or the facility. Examples of critical community infrastructure include police stations, fire stations, emergency communication facilities, power plants and waste water treatment facilities.

1. 1. 2. Critical community infrastructure is permitted in MIA 3/4 provided that the use is consistent with the underlying zone.

1. 6. Hazardous Uses.

1. 1. 1. Hazardous uses are uses that release discharge into the air such as smoke, steam or particulates that impair aircraft pilot visibility, uses that have above ground hazardous materials storage or uses that require the storage of large quantities of hazardous (flammable, explosive, corrosive or toxic) materials that have the potential to exacerbate an aircraft accident, uses that attract wildlife hazardous to military aircraft or uses that otherwise could create a hazard for aviation operations. Examples of hazardous uses include above ground chemical or fuel storage exceeding household quantities, heliports or helipads, mining and any uses that have open water associated with the use. Pooling of water resulting from compliance with SMC 17C.182.500 (Bird-Aircraft Strike Hazard Requirement) of this chapter is not deemed a hazardous use.

1. 1. 2. Hazardous uses may be allowed as a conditional use permit if the hearing examiner, after consulting with Fairchild AFB, finds that the proposed use will not create a hazard for military aircraft operations and the underlying zone allows the use. Except that heliports or helipads are not permitted. The hearing examiner may apply such reasonable conditions to the conditional use to assure that the hazardous use is compatible with Fairchild AFB. Examples of conditions are specified in SMC 17C.182.230.

1. 7. Accessory Uses.

Uses which are identified as a prohibited use as a stand-alone use by the underlying zone are not allowed as an accessory use to a permitted use. For example, where a daycare use is prohibited, it is not allowed as an accessory use to a permitted use such as an office.

1. 8. Non-residential Density.

For the purpose of this subsection the calculated density shall be no greater than one hundred eighty persons per individual acre after subtracting public rights-of-way. However, in consultation with Fairchild AFB officials, alternatives to this calculation may be allowed by the planning services director if it is deemed to be compatible to the mission of Fairchild AFB. For the purpose of this section, the terminology “consultation” shall mean written notification by the director to Fairchild AFB officials of a project proponent’s proposed alternative calculations and consideration by the director of any written comments received from Fairchild AFB officials within fifteen days of the officials’ receipt of notice of a proposed alternative. If the planning director receives no comment from Fairchild Air Force Base within the applicable comment period the department of building and planning shall presume that the calculated density shall be no greater than one hundred eighty persons per individual acre after subtracting the area of the public rights-of-way.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1