City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

Home
Title 17D
Chapter 17D.010
Section 17D.010.030
 

Title 17D City-wide Standards

Chapter 17D.010 Concurrency Certification

Section 17D.010.030 Reservation of Capacity
  1. Reservation.

Capacity shall be reserved for a specific development at the same time the development permit is issued and upon payment of any fee and/or performance of any condition required by a service provider.

  1. Capacity shall be reserved only for the specific land uses, densities, intensities and development project described in the application and development permit.
  1. Capacity reserved for a specific development is not transferable to other land, but may be transferred to new owners of the original land.
  1. Expiration.

Capacity reserved for a specific development shall expire if the accompanying development permit expires or is revoked. If the development permit is granted an extension, the accompanying capacity shall continue to be reserved for the life of the permit.

  1. Unused Capacity.

Any capacity that is not used because the accompanying development permit expires shall be returned to the pool of available capacity.

  1. No Impact.

Development permits for development which creates no additional impacts on any concurrency facility are exempt from the requirements of this chapter. Such development includes, but is not limited to:

  1. any addition to a residence or accessory structure with no change in use or increase in the number of dwelling units;
  1. interior renovations with no change in use or increase in number of dwelling units;
  1. interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
  1. replacement structure with no change in use or increase in number of dwelling units;
  1. temporary construction trailers;
  1. driveway, resurfacing or parking lot paving;
  1. re-roofing of structures;
  1. demolitions.
  1. Exempt Permits.

The following development permits are exempt from the requirements of this chapter:

  1. Boundary line adjustment;
  1. Final plats;
  1. Temporary use permit;
  1. Variance;
  1. Waiver;
  1. Shoreline substantial development permit/variance.
  1. Application Filed Before Effective Date of Certificate of Capacity Ordinance.

Complete development permit applications that have been submitted before the effective date of the Certificate of Capacity ordinance (March 30, 2005) are exempt from the requirements of this chapter.

  1. Pre-existing Use Rights.

Development permits that were issued before March 30, 2005 shall be considered to have capacity as long as the accompanying development permit is valid. If the accompanying development permit does not expire, capacity shall be considered to exist for three years after March 30, 2005.

  1. Single-family Homes and Duplexes.

Building permits for a single-family home and/or a duplex are exempt from the requirements of this chapter.

  1. Interior Renovations.

Interior renovations that only add one additional dwelling unit are exempt from the requirements of this chapter.

  1. Accessory Dwelling Units.

All accessory dwelling units, as defined in chapter 17C.300 SMC are exempt from the requirements of this chapter.

  1. Accounting for Capacity.

The capacity for development permits exempted under subsections (C), (D), (E), (F) and (G) of this section shall be taken into account.

Date Passed: Monday, April 29, 2024

Effective Date: Wednesday, June 12, 2024

ORD C36514 Section 11