Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.040 Spokane Geologically Hazardous Areas

Section 17E.040.010 Title and Purpose

1. This chapter shall be known and may be cited as the "Spokane Geologically Hazardous Areas Code."
    
2. This chapter is based on and implements the City of Spokane comprehensive plan and shoreline master program, as amended from time to time. The purpose of this chapter is to protect the public health, safety and welfare, by regulating development and other activities in geologically hazardous areas, and not to create or otherwise establish or designate any particular person, or class, or group of persons who will or should be especially protected or assisted by the terms or provisions of this chapter. The provisions of this chapter shall be liberally construed to carry out effectively its purpose and if any provisions of this chapter conflict with other regulations, ordinances or other authorities, that which is most restrictive shall apply.
    
3. Geologically hazardous areas pose a threat to the health and safety of citizens when incompatible commercial, residential or industrial development is sited in areas of significant geological hazard. Development should be discouraged in geologically hazardous areas unless it can be demonstrated that said hazard areas can be developed consistent with public health or safety. Geologically hazardous areas should be used as open space, recreational, rangeland, forest, wildlife habitat and other appropriate uses unless adverse effects caused by development can be mitigated through innovative land use management techniques as established in the unified development code. The intent of these regulations is to avoid, or in appropriate circumstances, to minimize, rectify, reduce or compensate for impacts arising from land development and other activities in geologically hazardous areas. In addition, the intent of these regulations is to recognize that property rights and public services are an essential component of our legal and economic environment. Where such rights and public services are seriously compromised by the regulations contained in this chapter, impacts may be permitted provided there is appropriate mitigation.
    
4. It is expressly the purpose of this chapter to protect the health, safety and welfare of the general public including public and private property, and the functions and values of ecological systems.
    
5. Geotechnical reports, mitigation plans and decisions to alter geologically hazardous areas shall rely on the best available science (BAS) to protect the functions and values and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat. Best available science is that scientific information applicable to geologically hazardous areas prepared by local, state or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through WAC 365-195-925.

Date Passed: Monday, December 3, 2007

Effective Date: Sunday, January 6, 2008

ORD C34149 Section 8