Spokane Municipal Code

Title 17D City-wide Standards

Chapter 17D.010 Concurrency Certification

Section 17D.010.030 Certificate of Capacity

1. Issuance.

A certificate of capacity shall be issued 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. 1. A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project described in the application and development permit.

1. 2. A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land.

2. Life Span of Certificate.

A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, so shall the certificate of capacity.

3. Unused Capacity.

Any capacity that is not used because the developer decides not to develop or the accompanying development permits expires shall be returned to the pool of available capacity.

4. 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. 1. any addition to a residence or accessory structure with no change in use or increase in the number of dwelling units;

1. 2. interior renovations with no change in use or increase in number of dwelling units;

1. 3. interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;

1. 4. replacement structure with no change in use or increase in number of dwelling units;

1. 5. temporary construction trailers;

1. 6. driveway, resurfacing or parking lot paving;

1. 7. re-roofing of structures;

1. 8. demolitions.

5. Exempt Permits.

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

1. 1. Boundary line adjustment;

1. 2. Final plats;

1. 3. Temporary use permit;

1. 4. Variance;

1. 5. Waiver;

1. 6. Shoreline substantial development permit/variance.

6. 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.

7. 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.

8. 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.

10. Accessory Dwelling Units.

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

11. 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, July 23, 2012

Effective Date: Thursday, August 30, 2012

ORD C34887 Section 5