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HomeMy WebLinkAboutR-2001-155 Congdon Orchards, Inc. Development AgreementRESOLUTION NO. R-2001-155 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Development Agreement with Congdon Orchards, Inc. WHEREAS, on May 15, 2001, the City Council authorized execution of a Memorandum of Understanding with Congdon Orchards, Inc. ("Congdon") in connection with the Congdon Annexation; and WHEREAS, the Memorandum of Understanding included a future conceptual development plan dated April 9, 2001, for the 900 -acre Congdon property, and WHEREAS, the Congdon development will result m substantial economic enhancements and benefits for both the City of Yakima and Congdon, and WHEREAS, the Memorandum of Understanding contemplated the execution of a Development Agreement, as authorized pursuant to RCW 36.70B.170-.210; and WHEREAS, the attached Development Agreement would, in part, provide planning principles, development standards, and procedures to help guide the orderly development of the Congdon property; and WHEREAS, the Development Agreement contemplates certain infrastructure improvements such as roads and wastewater facilities, and WHEREAS, federal, state, and local governmental budget limitations present continuing challenges to municipalities seeking available funding for necessary infrastructure improvements, and WHEREAS, with respect to the improvements contemplated by the Development Agreement, City management will promptly, diligently, and in good faith use their best efforts to pursue available funding sources, and WHEREAS, in accordance with RCW 36.70B.200, the City Council of the City of Yakima held a Public Hearing on the attached Development Agreement on November 20, 2001; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima to enter into the attached Development Agreement with Congdon Orchards, Inc., now, therefore, (1k)res/CongdonDevelopment Agreement 11-20-01.rp BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Development Agreement with Congdon Orchards, Inc. ADOPTED BY THE CITY COUNCIL this 20th day of November, 2001. ry Place, Mayor ATTEST: A e sQe City Clerk (lk)res/CongdonDevelopment Agreement 11-20-01.rp DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF YAKIMA, WASHINGTON, AND CONGDON ORCHARDS, INC., RELATING TO THE DEVELOPMENT COMMONLY KNOWN AS THE "CONGDON PROPERTY" THIS DEVELOPMENT AGREEMENT ("Development Agreement" or "Agreement") is entered into this ` day of November, 2001, by and between the CITY OF YAKIMA (the "City") and CONGDON ORCHARDS, INC. ("Congdon"), a Delaware corporation, pursuant to RCW 36.70B.170-.210 (the "Development Agreement statute"). The City and Congdon are referred to herein individually as "Party" and collectively as the "Parties." RECITALS A. To strengthen the public planning process and to reduce the economic costs of development, the legislature of the state of Washington enacted RCW 36.70B.170-.210, which authorizes the City to enter into an Agreement regarding the development of real property located within the City's jurisdiction with any person having an ownership interest or control of such real property. B. Congdon is the owner of certain real property consisting of approximately 900 acres located within the City, which property is more fully described in the legal description attached as Exhibit A and incorporated herein by reference (the "Congdon Property"). C. Congdon desires and intends to develop the Congdon Property. The City acknowledges that development of the Congdon Property is consistent with the best interests of the City. This Agreement establishes planning principles, development standards and procedures to minimize uncertainty in planning and to guide the orderly development of the Congdon Property consistent with the City's Comprehensive Plan (the "Comprehensive Plan"); to mitigate probable, significant, adverse environmental impacts; to ensure installation of necessary on-site and off-site infrastructure and improvements; to provide for the preservation of open space; to provide proportionate funding for traffic improvements and other public improvements; to provide for services appropriate to the development of the Congdon Property; and to otherwise achieve the goals and purposes for which the Development Agreement statute was enacted. DEVELOPMENT AGREEMENT - 1 D. The Parties enter into this Agreement to provide certainty for planning and development of the Congdon Property, to provide certainty with respect to environmental and fiscal conditions imposed on the development of the Congdon Property, and to provide the Comprehensive Plan designation, zoning designation and development standards for the development of the Congdon Property so that Congdon can justify a major financial investment in the Congdon Property and the surrounding area. Congdon believes that it could not undertake development of the Congdon Property without the assurances provided through this Agreement. E. It is understood by the Parties that Congdon is a private development and that Congdon shall have full power over and exclusive control of the Congdon Property subject only to the limitations and obligations of Congdon under the City's Comprehensive Plan, the Applicable Law (as defined below), and this Agreement. The Parties further understand that neither this Agreement nor Congdon's development of the Congdon Property shall be construed as creating any form of agency relationship, joint venture or partnership between Congdon and the City. F. In exchange for the benefits to the City, together with the other public benefits that will result from the development of the Congdon Property, Congdon will receive by this Agreement assurance that it is obtaining vested rights and may proceed with the development of the Congdon Property in accordance with the Applicable Law and, therefore, Congdon desires to enter into this Agreement. By developing the Congdon Property in accordance with this Agreement, the Parties intend to comply with GMA, the City's Comprehensive Plan, and all other growth management ordinances, resolutions, rules, regulations, policies, standards, and directives of the City. G. This Development Agreement is based on agreements and understandings between the Parties as reflected in the Memorandum of Understanding ("MOU") attached hereto as Exhibit B, which was adopted by the City by Resolution R-2001-74 on May 15, 2001. H. Each Party acknowledges that it is entering into this Agreement voluntarily. NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which consideration is hereby acknowledged, the Parties agree as follows: DEVELOPMENT AGREEMENT - 2 AGREEMENT I. STANDARDS, LAW AND PROCEDURES GOVERNING CONGDON. A. Vested Rights. Congdon's rights shall vest as of the Effective Date of this Agreement. Congdon shall have the vested right ("Vested Rights") to develop the Congdon Property pursuant to the Applicable Law as set forth in § IB; provided, however, that the City shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety; provided, further, that applications for Future Actions (§ IV below) will be subject to the Washington State Environmental Policy Act, RCW Chapter 43.21C ("SEPA"); and, provided, further, that Congdon's Vested Rights under this Agreement may be modified by the City or mitigation may be required under the following circumstances: (1) When the City reasonably believes in good faith that City approval of a Future Action for the Congdon Property would result in a decision by a state or federal administrative agency, or a court of competent jurisdiction, that the City's eligibility for funding, grants, program eligibility or other resources sought by the City would be impaired; or (2) When the City reasonably believes in good faith that City approval of a Future Action for the Congdon Property under the terms of this Agreement would result in a decision by a state or federal administrative agency, or a court of competent jurisdiction, that the City or any Future Action unlawfully failed to comply with the substantive or procedural requirements imposed by federal or state laws, regulations, initiatives, or referenda. (3) The City's modification actions under the exceptions listed in subsections 1 and 2 above shall be limited to the minimum that the City reasonably believes necessary to avoid the consequences described in the exceptions. The City shall advise Congdon when it believes any such circumstances arise and consult with Congdon regarding the proposed modifications. Congdon shall have the right, in its sole discretion and expense, to contest any claim or allegation or appeal any administrative decision or judicial determination that would authorize or require the City to modify Congdon's Vested Rights; or Congdon may, to the extent permitted by law, agree to indemnify, defend, and hold the City harmless from the financial and legal consequences (including attorneys fees and expenses) of, relating to, or incurred in connection with any final and binding decision of an administrative agency or court of competent DEVELOPMENT AGREEMENT - 3 jurisdiction in lieu of the City modifying Congdon's Vested Rights in response to any such final and binding decision. (4) Notwithstanding the foregoing provisions, Congdon shall have no vested rights as to application fees, permit fees, development fees, or any other fees relating to Future Actions. B. Applicable Law. The rules, regulations, official policies, standards and specifications applicable to development of the Congdon Property (the "Applicable Law") shall include those provisions of Chapters 36.70A (Growth Management) and 58.17 RCW (Plats, Subdivisions, and Dedications) and Titles 12, 14 and 15 of the Yakima Municipal Code, attached hereto as Exhibits C, D, and E, respectively, and incorporated herein, the Yakima Urban Area Comprehensive Plan, all uncodified city ordinances and resolutions, as well as all other federal, state, and city rules, regulations, official policies, standards and specifications in force and effect on the Effective Date. Except as otherwise specifically provided herein, all references in this Agreement to federal, state and city laws, rules, regulations, official policies, standards and specifications shall be governed by and construed as Applicable Law in accordance with this section to which Congdon is vested pursuant to § IA above. C. Airport Safety Overlay. The airport safety overlay ("ASO") development regulation was adopted by the City of Yakima on February 6, 2001, and is codified in Yakima Municipal Code, Chapter 15.30. Congdon acknowledges the interests of the Yakima Air Terminal ("YAT") regarding the prevention of airspace obstructions. To the extent that the ASO is not consistent with, or fails to implement, the land uses contemplated in the future land use map, or to the extent that the ASO creates additional burdens on development permit processing at the land use compatibility level (as opposed to the site planning and design and construction levels), the City, through City Management, will work in good faith and in cooperation with Yakima County (joint owner of the airport with the City) and the YAT Board to initiate and support formal legislative amendments to the ASO so that it is not inconsistent with the uses permitted in the Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the Yakima Zoning ordinances. D. Term. The term of this Development Agreement shall be for a period of 40 years from the date it is adopted by the City resolution pursuant to RCW 36.70B.200 (the "Effective Date"). E. Effect. This Development Agreement and the development standards provided herein shall govern the Parties and their successors and DEVELOPMENT AGREEMENT - 4 assigns during the term of this Agreement and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the Effective Date. A permit or approval issued by the City after the execution of this Development Agreement must be consistent with this Agreement. II. CONSISTENCY WITH APPLICABLE LAW AND DEVELOPMENT AGREEMENT. Development of the Congdon Property shall comply with (a) the Applicable Law and (b) the terms and conditions of this Agreement. III. PHASING. The development of the Congdon Property and all associated infrastructure, including roads and bridges, and capital facilities, utilities and services, will be approved and constructed and/or bonded in phases consistent with the terms of this Agreement. Development may be reviewed, approved, and permitted individually through the site plan approval process provided by law. The future land uses for the Congdon property were adopted by the City on February 6, 2001. The Future Land Uses Map adopted by the City on said date, and the relevant zoning districts for the Congdon property, shall be modified as set forth in Exhibit F, Figure 7 and Figure 8. The City, through City Management, agrees to initiate, propose and support amendments, modifications and/or changes to the Future Land Use designations, and the underlying zoning districts, as proposed by Congdon in said Exhibit F. Said amendments, modifications or changes will be commenced through rezone and/or amendment or modification to the Urban Area Comprehensive Plan and City zoning ordinances. City Management agrees to take all steps necessary to promptly, diligently and in good faith pursue these referenced amendments, modifications and/or changes. IV. FUTURE ACTIONS. A. Subsequent to the Effective Date, Congdon will apply for other land use actions, approvals, Agreements, permits or entitlements necessary, desirable, or relating to the development of the Congdon Property (herein referred to as "Future Actions"). Such applications for Future Actions shall be vested pursuant to § I as set forth in this Agreement. Future Actions shall also include, without limitation, the following: building permits; certificates of occupancy; lot line or boundary adjustment; subdivisions (including preliminary and final plat approval); resubdivisions; amendments to, or repeal of, this Agreement; certifications of concurrency; rezones; use permits; variances; administrative adjustments; SEPA determinations; and shoreline permits pursuant to the Shoreline Management Act, Chapter 90.58 RCW. DEVELOPMENT AGREEMENT - 5 B. Pursuant to § IA above, the Parties acknowledge that Future Actions will be subject to SEPA. The Parties agree to seek to utilize the MDNS process to satisfy SEPA requirements. The Parties shall act in good faith and use their best efforts to negotiate acceptable terms of an MDNS pursuant to RCW Chapter 43.21C, acknowledging that traffic mitigation, airspace obstructions and hazards will likely require more extensive review. V. NO CONFLICTING ENACTMENTS. Except as otherwise specifically set forth in this Agreement, and subject to the provisos of § IA above, the City, including but not limited to the exercise by the City Council of the City's police power, shall not apply to Congdon any ordinance, resolution, rule, regulation, standard, directive, condition or other measure ("City Law") that is in conflict with the Applicable Law (including this Agreement) or that reduces the rights provided by this Agreement unless agreed to in writing by Congdon. Without limiting the generality of the foregoing, any City Law shall be deemed in conflict with Applicable Law, including this Agreement, if it would accomplish any of the following results, either through any Future Actions or through the imposition of any condition of approval, by specific reference to the Congdon Property, or as part of a general enactment that applies to or affects the Congdon Property: A. Otherwise limit or reduce the density permissible for the Congdon Property or any part thereof; B. Otherwise change any land use designation or permitted or conditionally permitted use of the Congdon Property; C. Limit or control the location of buildings, structures, grading, or other improvements of the Congdon Property in a manner that is inconsistent with or more restrictive than the limitations in the Applicable Law; D. Require the issuance of additional permits or approvals by the City other than those required by the Applicable Law; E. Limit the processing of applications for, or the obtaining of, Future approvals for the Congdon Property. VI. NO RESTRICTIONS OR LIMITATIONS ON THE RATE OR TIMING OF DEVELOPMENT. The City shall have no authority to restrict or limit the rate and/or timing of development for Congdon. VII. TIMING OF CONSTRUCTION AND COMPLETION. There is no requirement that Congdon initiate or complete development of the Congdon Property within any particular period of time, and the City shall not impose such DEVELOPMENT AGREEMENT - 6 a requirement on any Future Action. Subject to the foregoing, the Parties agree that Congdon shall be able to develop the Congdon Property in accordance with Congdon's own time schedule in light of market conditions, and that Congdon shall determine the order in which phases of the Congdon Property shall be developed. VIII. INFRASTRUCTURE. A. Roads. Congdon shall dedicate reasonable and necessary rights-of- way to the City for improvements along Washington from 48th Avenue to 64th Avenue and Nob Hill Blvd. from 50th Avenue to approximately 72nd Avenue in consideration of funded commitments obtained by the City for improvements to these streets. Said improvements shall include upgrading to appropriate urban arterial standards, which may include but are not limited to gutters, lighting, sidewalks and intersection improvements. Said improvements shall also specifically include upgrading Nob Hill Blvd. to five lanes (two east- and west- bound, with center turning lane) between 48th Avenue and 72nd Avenue. Congdon's financial participation to these improvements shall be limited to the dedication of necessary rights-of-way along Nob Hill Blvd. and Washington Avenue to accommodate these improvements. Arterial improvements (e.g., street widening, curbs, gutters, sidewalks, lighting) to 64th Avenue between Washington Avenue and Midvale/Arlington Avenues are anticipated but will be deferred as to such time as the City determines in good faith pursuant to reasonable engineering judgment that appropriate demand exists and funding is available. In any event, Congdon shall have no obligation to incur any expense or financially participate in improvements to 64th Avenue, except that Congdon will participate in the funding of such improvements by contributing, at its cost, reasonable and necessary right-of-way for public improvements (e.g., street, utilities, wastewater) to 64th Avenue. The Parties will cooperate to preserve to Congdon a continuing right to cross Nob Hill Blvd. and 64th Avenue for agricultural purposes in accordance with Congdon's customary operation of its adjacent orchards, subject to laws regulating the usage of public roads and rights-of-way. The City will promptly, diligently and in good faith use their best efforts to pursue all available funding sources for the improvements described above in this Subsection A, and will propose that such improvements be added as high priority items to the City Council's adopted six-year TIP; provided, however, it is the goal and objective of the City to endeavor to complete the improvements described herein within four years from the date hereof. DEVELOPMENT AGREEMENT - 7 B. Wastewater. An 8 -inch sewer extension line shall be constructed by the City, at its cost, north along 64th Ave. from the City's West Valley Interceptor to the area just south of Wide Hollow Creek to provide service to the Congdon property in the vicinity of Wide Hollow Creek. In addition, the City shall construct, at its cost, an 8 -inch sewer extension line west along Nob Hill Blvd. from 54th Avenue, to approximately 62nd Avenue. In addition, the City shall construct, at its cost, a sewer trunk line (minimum 27 inches) across Congdon's property, as depicted and disclosed in Exhibit F, Figure 9, or at such other location as may be approved by the City and Congdon. Congdon shall participate by the dedication of a non-exclusive easement for reasonable and necessary right-of-way for this sewer trunk line.' This easement will further accommodate other underground utilities, such as gas, electrical, fiber optics, and water. The trunk line and sewer extension lines described herein shall be constructed as public works projects of the City. City Management will diligently and in good faith pursue all available funding sources for these wastewater improvements. These wastewater improvements will become high priority items in the City's Wastewater Facilities CIP. The City's goal and objective shall be to endeavor to complete the 8 -inch sewer extension lines described herein not later than three years from the date hereof, and the trunk line improvement not later than five years from the date hereof. Congdon and the City will diligently and in good faith negotiate wastewater trunkage, collection and connection fees (and other related fees) such that these fees are calculated on a basis that takes into account the desirable planning goal of preservation of open space. In any event, City Management agrees to study and consider amendments to the Yakima Municipal Code to provide that trunkage, collection and other connection fees shall not exceed an 'In the event that a wastewater trunk line and/or subsidiary collector lines are constructed across the central portion of Congdon's Property by or at Congdon's expense, the City shall participate in oversizing costs and shall waive connection charges (including the Base Trunks/Interceptors Charge, and/or the Base Collection Pipes Charge, excluding treatment charges) related to such improvements constructed by Congdon for the Congdon property served by such sewer improvements constructed by or at Congdon's expense. It is the intent of this provision that the accommodations and provisions as provided for in the Apple Tree -City of Yakima agreements ("Sewer Construction and Bond Purchase Agreement" dated November 11, 2000) shall provide a precedent and model for similar accommodations and agreements granted to Congdon herein. Specifically, and not in limitation thereof, the provisions of paragraph 4.4 of the Sewer Construction and Bond Purchase Agreement are incorporated herein to provide specific precedence and guidance in addressing and resolving similar matters and issues between the City and Congdon. DEVELOPMENT AGREEMENT - 8 amount based on a formula in excess of two times the square footage of the footprint of any subject building; provided, the Parties recognize that such amendments may result in higher rates being distributed across other identified customer classes. City Management will also study and consider amendments to the Yakima Municipal Code to permanently exempt undeveloped natural and/or non-sewered areas from inclusion within the fee formulas. IX. SUBDIVISION APPLICATIONS. Application to subdivide the Congdon Property shall be submitted consistent with this Agreement and the requirements of the Applicable Law. Plat applications may be submitted and processed concurrently with review of a site development plan. Plat applications may be submitted for all or a portion of the proposed Congdon Property. X. PROCESSING OF FUTURE ACTIONS. Upon submission by Congdon of all appropriate applications and processing fees for any Future Action necessary for the Congdon Property, the City shall promptly and diligently commence and complete all steps necessary to act on the application for Future Actions, including, without limitation, the notice and holding of all required public hearings, and decision-making regarding applications for Future Actions as set forth below. A. The City's obligations under this section are conditioned on Congdon's timely submittal to the City of all documents, applications, plans, and other information necessary for the City to meet such obligations. It is the express intent of Congdon and the City to cooperate and work diligently and in good faith to obtain permits necessary for any and all Future Actions. B. The City may deny an application for a Future Action only if (1) such application does not comply with Applicable Law, or (2) pursuant to § IA above, or (3) the City is unable to make all findings related to the Future Action required by state or federal law. The City may approve an application for such a Future Action subject to any conditions necessary to bring the Future Action into compliance with Applicable Law or pursuant to § IA above, so long as such conditions comply with terms set forth elsewhere in this Agreement. If the City denies any application for a Future Action, the City must specify in making such denial the modifications required to obtain approval of the application. Any such specific modifications must be consistent with Applicable Law and § IA above, and the City shall approve the application if subsequently resubmitted for the City's review if it complies with the specified modifications. XI. OTHER GOVERNMENTAL PERMITS. Congdon shall apply for such other permits and approvals as may be required by other governmental or quasi -governmental agencies in connection with development of, or the provision DEVELOPMENT AGREEMENT - 9 of services to, the Congdon Property. The City shall cooperate with Congdon in its efforts to obtain such permits and approvals. XII. ASSIGNMENT; NOTICES. A. Assignment of Interests. Congdon shall have the right to assign or transfer all or any portion of its interests, rights, obligations or responsibilities under this Agreement to third parties acquiring an interest in the Congdon Property, or any portion thereof'; provided, however, that the rights contained in the indemnification provisions of § IA(3) above shall not be assigned without the consent of the City, unless an assignee has a net worth of at least $5 Million as determined in accordance with Generally Accepted Accounting Principles, said $5 -Million amount to be adjusted for future inflation from the date of this Agreement (using the Consumer Price Index for All Urban Consumers (CPI -U), U.S. City Average, 1982-84 = 100 Reference Base Period). B. Notices. Any notice or communication required by this Agreement between the City and Congdon must be in writing, and may be given either personally or by express delivery service return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United State mail. If personally delivered or if delivery is made by express delivery service, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Any Party may at any given time, by giving ten (10) days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to the City, to: Yakima City Council City Hall 129 North Second Street Yakima, WA 98901 575-6050 DEVELOPMENT AGREEMENT - 10 with copies to: Mr. Raymond L. Paolella City Attorney City of Yakima Legal Department 200 South Third Street Yakima, WA 98901-2830 If to Condgon, to: CONGDON ORCHARDS, INC. Gene R. (Dick) Woodin, President P.O. Box 2725 Yakima, WA 98907 with copies to: Halverson & Applegate, P.S. Attn. Mr. Terry Schmalz P.O. Box 22730 Yakima, WA 98907-2715 XIII. MISCELLANEOUS. A. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, in the preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Nothing contained herein shall impair Congdon's right to farm the Congdon Property during the Term of this Development Agreement as recognized in paragraph 4(d) of the MOU attached hereto as Exhibit B. B. Severability. If any term or provision in this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void, or unenforceable, Congdon may, in Congdon's sole discretion, terminate this Agreement by providing written notice of termination to the City. C. Other Necessary Acts. Each Party shall execute and deliver to the other all other further instructions and documents that are reasonably necessary to carry out and implement any Future Actions, and that are necessary to DEVELOPMENT AGREEMENT - 11 provide to the other Party the full and complete enjoyment of its rights and privileges under this Agreement. D. Remedies. In addition to the remedies set forth herein, either Party may, in addition to any other legal rights or remedies, institute an equitable action to cure, correct, or remedy any default, enforce any covenant or Agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of the Parties hereto; or obtain any remedies consistent with the foregoing and the purpose of this Agreement. E. Washington Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Washington. F. Covenant of Good Faith and Fair Dealing. Each Party shall use its best efforts and take and employ all necessary actions to insure that the rights secured by the other Party through this Agreement can be enjoyed and neither Party shall take any action that will deprive the other Party of the enjoyment of the rights secured by this Agreement. G. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties hereto and their successors only and is not intended to benefit any other person or entity, and no person or entity not a Party to this Agreement shall have any third party beneficiary or other rights whatsoever hereunder. H. Recording of Development Agreement. An executed copy of this Development Agreement shall be recorded with the Yakima County Auditor pursuant to RCW 36.70B.190. IN WITNESS WHEREOF, this Agreement has been entered into by and between Congdon and the City as of the date and year first above written. ATTEST:�,aa . 11 f 7iyi,, p1H 4 J C f alA 1 .t r Byr, �m�;<4.- r City Clerk'' ,,1{ City Contract No.: 2001-125 Resolution No.: R-2001-155 C:\Karen's Files\AGREEMENTS\Paolella\Congdon Development Agreement.doc DEVELOPMENT AGREEMENT — 12 CITY OF YAK A, WASHINGTON #By Ric and A. Zais, Jr., Ci�iiager CONGDON ORCHARDS, INC. By Its Last printed 11/28/01 11:12 AM LEGAL DESCRIPTION FOR THE CONGDON ANNEXATION All that part of the South three quarters of Section 28, the North half of Section 33, the Northeast quarter of the Northeast quarter of Section 32, the East half of the Southeast quarter and the South half of the Northeast quarter of Section 29 all in Township 13 North, Range 18 East, W.M. described as follows: Beginning at a point along the corporate limits of the City of Yakima said point being the point of intersection of the South right-of-way line of West Washington Avenue and the West right-of- way line of South 48th Avenue; thence Northerly along said West line to the South line of Lot 25, Yakima Valley Orchard Tracts, according to the Plat thereof recorded in Volume "A" of Plats, Page 76, records of Yakima County, Washington; thence Northwesterly along the South line of said Lot 25 to the Northwest corner of said Lot 25; thence Easterly along the North line of said Lot 25 to a point that is 163.19 feet Easterly of the Southwest corner of Lot 23 of said Yakima Valley Orchard Tracts; thence North 72° 49' 35" West to a point on the South right-of-way line of the Yakima Valley Transportation Company Railway; thence Southwesterly along said South right-of-way line to a point on the West line of said Lot 23; thence Northerly along the West line of said Lot 23 to the Southerly right-of-way line of West Nob Hill Blvd.; thence Westerly along the South right-of-way line of West Nob Hill Blvd. to the West line of the Northeast quarter of the Southeast quarter of Section 28; thence Northerly along the West line of the Southeast quarter of the Northeast quarter of said Section 28 to the Northwest corner of said subdivision; thence Westerly to the Southeast corner of the North half of the Northwest quarter of said Section 28; thence Westerly along the South line of said North half 660.00 feet; thence Westerly along said South line to the Southeast corner of the Northeast quarter of the Northeast quarter of Section 29, Township 13 North, Range 18 East, W.M.; thence Westerly along the South line of said subdivision to its intersection with the West line extended of Block 1 of the Plat of Westwood West recorded in Volume "U" of Plats, Page 18, Records of Yakima County, Washington; thence Northerly along said West line and West line extended to its point of intersection with the North right-of-way line of Midvale Road; thence Westerly following along the North right-of-way line of Midvale Road to the point of intersection with the East right-of-way line of South 72" Avenue; thence Southerly along the East right-of-way line of South 72' Avenue to a point 698.00 feet Northerly of the Southwest corner of the Northeast quarter of Section 29; thence South 88° 45' East to a point that is 700.85 feet East of the West line of the Northeast quarter of Section 29; thence South 0° 01' 57" to the point of intersection with the South right-of-way line of Nob Hill Blvd.; thence Easterly following along the South right-of-way line of Nob Hill Blvd. to the West line of the East half of the Southeast quarter of Section 29, Township 13 North, Range 18 East W.M.; thence Southerly along the aforesaid line to the West line of the East half of Section 32, Township 13 North, Range 18 East W.M.; thence continuing Southerly along the aforesaid line to the Northwest corner of Lot 1, Block 7, Washington Park, as recorded in Volume DD of Plats, Page12, records of Yakima County, Washington; thence Easterly following along the North line of the Plat of Washington Park to the West right-of-way line of South 64`h Avenue; thence Southerly along the aforesaid right-of-way line to its point of intersection with the South right-of-way line of West Washington Avenue; thence Easterly along the South right-of-way line of West Washington Avenue to the point of beginning. EXHIBIT MEMORANDUM OF UNDERSTANDING 1. Parties City of Yakima 129 North Second Street Yakima, WA 98901 Congdon Orchards, Inc. P.O. Box 2725 Yakima, WA 98907 2. General Understandings This memorandum of understanding is intended to document various areas of negotiation, understandings and agreements by and between the City of Yakima (the "City") and Congdon Orchards, Inc., ("Congdon") regarding the matters set forth herein related to the future development of the Congdon properties ("Congdon property") and the surrounding areas, upon annexation of the Congdon property to the City. The future conceptual Development Plan dated April 9, 2001("Plan") for the Congdon property is attached hereto as Exhibit A and is incorporated herein by this reference. The parties recognize that over time this Plan may be modified to adapt to changing conditions and circumstances; substantial changes are not anticipated. Both parties recognize that a primary goal of these negotiations is to strengthen the planning process and to anticipate planning and land use issues, and to reduce and minimize the economic costs of future development of the Congdon property and its surrounding areas. Congdon and the City desire that this memorandum describe and implement planning principles, development standards, and procedures to eliminate uncertainty in planning. Congdon and the City also believe that this memorandum should: guide the orderly development of the Congdon property consistent with the Yakima Urban Area Comprehensive Plan ("Comprehensive Plan") and Exhibit A; describe the SEPA process for mitigating probable significant adverse environmental impacts, if any; describe installation of certain on-site and off- site infrastructure and improvements; and describe objectives and goals for funding of public improvements. Furthermore, both parties recognize that development of the Congdon property pursuant to this memorandum would be in the best interests of both Memorandum of Understanding - 1 EXHIBIT e` parties, the Yakima community as a whole, and Yakima county in general. Lastly, in order to fulfill the goals, objectives and agreements contained herein, the City shall diligently and in good faith use its best efforts to satisfy applicable public funding requirements, obtain relevant governmental authorizations, comply with applicable environmental and land use laws, and initiate, propose and support any appropriate amendments to the City of Yakima Municipal Code. Certain specific points of understanding between Congdon and the City, as set forth below, are contemplated to become the basis of a GMA development agreement pursuant to RCW 36.70B.170-.210. The parties agree that they shall use their best efforts to diligently and in good faith promptly negotiate such a development agreement ("Development Agreement") on terms consistent with the points contained herein, not later than 120 days from the date hereof. In the event that the parties cannot reach agreement on a development agreement, this memorandum of understanding shall represent the goals, objectives and agreements of the parties withrespect to the matters contained herein. 3. Terms of cooperation between City of Yakima, Yakima Air Terminal, and Congdon (a) Congdon "airport parcels" Congdon owns property south of Washington Ave. and near the existing Yakima Air Terminal (the "Airport Parcels"). Congdon is exploring negotiations with the Yakima Air Terminal ("YAT") by which YAT would acquire some or all of the Airport Parcels as part of the airport approach and transitional zone. Funding of this acquisition is a joint effort of YAT and the Federal Aviation Administration. The City, as a joint owner of YAT, shall cooperate with Congdon and YAT for the purpose of facilitating acquisition of the Airport Parcels by YAT on terms mutually agreeable to the parties and YAT. In the event that this property is not acquired by YAT, the City shall diligently and in good faith use its best efforts to pursue funding sources to provide urban -level infrastructure (i.e., roads, fiber optics and utilities) to these sites, including the use of eligible matching funds, low interest loans, or grants. (b) Airport safety overlay zoning district The airport safety overlay ("ASO") development regulation was adopted by the City of Yakima on February 6, 2001, and is codified in Yakima Municipal Code, Chapter 15.30. The ASO may be inconsistent with the land use designations contained in the Comprehensive Plan and imposes additional layers of "compatibility Memorandum of Understanding - 2 review" which discourages otherwise acceptable uses (such as schools, places of public assembly, and multi -family residential uses) . This additional burden of review may subject otherwise permitted land uses to challenges unrelated to airspace protection concerns. Congdon acknowledges the interests of YAT regarding the prevention of airspace obstructions. To the extent that the ASO is not consistent with, or fails to implement, the land uses contemplated in the future land use map, or to the extent that the ASO creates additional burdens on development permit processing at the land use compatibility level (as opposed to the site planning and design and construction levels), the City, through City Management, will work in good faith and in cooperation with the YAT Board and Yakima County (joint owners to the airport with the City) to initiate and support formal legislative amendments to the ASO so that it is not inconsistent with the uses permitted in the Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the Yakima Zoning ordinances. 4. Standards, laws, and procedures governing Congdon development (a) Pet rrtitted uses; applicable law Congdon seeks to secure vested rights to develop pursuant to the applicable development standards as of the date hereof, or as of the date of any Development Agreement executed pursuant to this MOU. In this context, the phrase "development standards" is intended to mean rules, regulations, official policies, and other standards and specifications including all applicable provisions of Chapters 36.70A (Growth Management) and 58.17 (Plats, Subdivisions, and Dedications), the Yakima Municipal Code, the Yakima Urban Area Comprehensive Plan, all uncodified City ordinances and resolutions, as well as all other federal, state, and City rules, regulations, official policies, standards and specifications now in force and effect. (b) Adoption of future land uses and zoning districts The future land uses for the Congdon property were adopted by the City on February 6, 2001. Congdon proposes that the Future Land Uses Map adopted by the City on said date, and the relevant zoning districts for the Congdon property be modified as set forth in Exhibit A, Figure 7 and Figure 8. The City, through City management, agrees to initiate, propose and support amendments, modifications and/or changes to the Future Land Use designations, and the underlying zoning districts, as proposed by Congdon in said Exhibit A. Said amendments, modifications or changes will be commenced Memorandum of Understanding - 3 through rezone and/or amendment or modification to the Urban Area Comprehensive Plan and city zoning ordinances. City Management agrees to take all steps necessary to promptly, diligently and in good faith pursue these referenced amendments, modifications and/or changes. (c) Environmental review In the development of the Congdon property, and to the fullest extent permitted by law, the City and Congdon agree to seek to utilize the MDNS process to satisfy SEPA requirements. In particular, the parties shall act in good faith and use their best efforts to negotiate acceptable terms of an MDNS pursuant to RCW Chapter 43.21C, with the acknowledgement that traffic mitigation and airspace obstructions and hazards will likely require particular future study. (d) Right to farm Right to farm legislation supports the concept that farm operations are appropriate land uses in certain zoning districts. This is true even though they may be associated with ". . . noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides, and associated drift of such materials. . . . " Yakima County Code § 6.22.010. The City recognizes that the Yakima Urban Area Comprehensive Plan, and any development regulation thereunder, acknowledges the existence of right to farm policies of the Congdon property. If necessary to preserve Congdon's right to farm on its property, the City will initiate, propose and support the adoption of right to farm legislation or otherwise take measures to assure Congdon that ongoing intensive agricultural use of the Congdon property (pursuant to best management practices) shall be supported by the City in the event of conflict due to continuing urban growth. 5. Infrastructure (a) Roads Congdon and the City recognize that Washington Ave. and W. Nob Hill Blvd. are anticipated to undergo substantial improvements in the near future. Congdon is willing to dedicate necessary rights of way to the City for improvements along Washington from 48th Avenue to 64th Avenue and Nob Hill Blvd. from 50th Avenue to approximately 72nd Avenue in consideration of funded commitments obtained by the City for improvements to these streets. Improvements include upgrading to appropriate urban arterial standards, which may include but are not limited to gutters, lighting, sidewalks and Memorandum of Understanding - 4 intersection improvements. Congdon's financial participation to these improvements shall be limited to the dedication of necessary rights of way along Nob Hill Blvd. and Washington Avenue to accommodate these improvements. City Management will promptly, diligently and in good faith use their best efforts to pursue all available funding sources for the improvements above described, and will propose that such improvements be added as high priority items to the City Council's adopted six-year TIP; provided, however, it is the goal and objective of the City to endeavor to complete the improvements described herein within four years from the date hereof. Arterial improvements (e.g., street widening, curbs, gutters, sidewalks, lighting) to 64th Avenue between Washington Avenue and Midvale/Arlington avenues are anticipated but will be deferred as to such time as the City determines that appropriate demand exists and funding is available. In any event, Congdon shall have no obligation to incur any expense or financially participate in improvements to 64th Avenue, except that Congdon will participate in the funding of such improvements by contributing, at its cost, sufficient right-of-way for public improvements (e.g., street, utilities, wastewater) to 64th Avenue. The parties will cooperate to preserve to Congdon a continuing right to cross Nob Hill Blvd. and 64th Avenue for agricultural purposes in accordance with Congdon's customary operation of its adjacent orchards, subject to laws regulating the usage of public roads and right-of-ways. (b) Wastewater It is a basic assumption of this memorandum of understanding that the City's West Valley Interceptor Sewer oversizing and other necessary trunkage improvements in the affected area are guided by the language and intent found in the latest Wastewater Facilities Plan. Reasonable estimates of service population and land use have been used to provide proper and efficient layout of trunkage and interceptor placement. While it is assumed that the West Valley Interceptor north of Washington Avenue has sufficient capacity to accommodate the proposed development of the Congdon property depicted in Exhibit A, it is, also, reasonable to presume that adjustments to these layouts and associated cost projections may occur as the service area develops and/or as Congdon property development plans become more detailed. An 8 inch sewer extension line will be constructed by the City, at its cost, north along 64th Ave. from the City's West Valley Interceptor to the area just south of Wide Hollow Creek to provide service to the Congdon property in the vicinity of Wide Hollow Creek. In addition, the City shall construct, at its cost, Memorandum of Understanding - 5 an 8 -inch sewer extension line west along Nob Hill Blvd. from 54th Avenue. to approximately 62nd Avenue. In addition, the City will construct, at its cost, a sewer trunk line (minimum 27 inches) across Congdon's property, as depicted and disclosed in Exhibit A, Figure 9, or at such other location as may be approved by the City and Congdon. Congdon shall participate by the dedication of a non-exclusive easement for sufficient right-of-way for this sewer trunk line. 1 This easement will further accommodate other underground utilities, such as gas, electrical, fiber optics, and water. The trunk line and sewer extension lines described herein will be constructed as public works projects of the City. City Management will diligently and in good faith pursue all available funding sources for these wastewater improvements. These wastewater improvements will become high priority items in the City's Wastewater Facilities CIP; provided, however, it is the goal and objective of the City to endeavor to complete the 8 -inch sewer extension lines described herein not later than three years from the date hereof, and the trunk line improvement not later than five years from the date hereof. Congdon and the City will diligently and in good faith negotiate wastewater trunkage, collection and connection fees (and other related fees) such that these fees are calculated on a basis that takes into account the desirable planning goal of preservation of open space. In any event, City Management agrees to study and consider amendments to the Yakima Municipal Code to provide that trunkage, collection and other connection fees shall not exceed an amount based on a formula in excess of two times the square footage of the footprint of any subject building; provided, the parties recognize that such amendments may result in higher rates being distributed across other identified customer classes. City Management will also study and consider amendments to the Yakima Municipal Code to permanently exempt undeveloped natural and/or non-sewered areas from inclusion within the fee formulas. 'In the event that a wastewater trunk line and/or subsidiary collector lines are constructed across the central portion of Congdon's property by or at Congdon's expense, the City shall participate in oversizing costs and shall waive connection charges (including the Base Trunks/Interceptors Charge, and/or the Base Collection Pipes Charge, excluding treatment charges) related to such improvements constructed by Congdon for the Congdon property served by such sewer improvements constructed by or at Congdon's expense. It is the intent of this provision that the accommodations and provisions as provided for in the Apple Tree- City of Yakima agreements ("Sewer Construction and Bond Purchase Agreement" dated November 11, 2000) shall provide a precedent and model for similar accommodations and agreements granted to Congdon herein. Specifically, and not in limitation thereof, the provisions of paragraph 4.4 of the Sewer Construction and Bond Purchase Agreement are incorporated herein to provide specific precedence and guidance in addressing and resolving similar matters and issues between the City and Congdon. Memorandum of Understanding - 6 This agreement shall terminate in the event the parties do not commence to substantially perform the essential terms and conditions contained herein within 50 years from the date hereof. DATED this Z' day of May, 2001 Contract No. 2001-49 CITY OF YAKIMA, WASHINGTON Resolution No. R-2001-74 Richard A. Zais, Jr., Ci Manager CONG ON ORCHARDS,�INC. By , , 'te , ? MF gh1 Its //�.6r-C f: \ clients \ tcs \ congdon \ annex \ memo understanding final.doc 4/25/2001 3:00 pmbw Memorandum of Understanding - 7 Title 12 DEVELOPMENT STANDARDS Chapters: 12.01 Construction of Public Works Improvements 12.02 Public Utility Easements 12.03 Sewer 12.04 Domestic and Nonpotable Irrigation Water 12.05 Sidewalks 12.06 Streets 12.07 Traffic Studies 12.08 Transportation Capacity Management 531 (Yakima 10-01) Chapter 12.01 CONSTRUCTION OF PUBLIC WORKS IMPROVEMENTS Sections: 12.01.010 12.01.020 12.01.030 12.01.040 12.01.050 12.01.060 12.01.070 Purpose. Applicability—Compliance. Design documents. Review process. Procedure manual for construction of public improvements. Phased improvements. Severability. 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision, development, or redevelopment of real property, and to establish fees for the city engineer's review of design documents for and inspection of public works improvements. (Ord. 2001-13 § 1, 2001: Ord. 95-6 § 2, 1995). 12.01.020 Applicability—Compliance. (1) Any person or entity which undertakes to con- struct any public works improvement in the city of Yakima. including, without limitation, applicants who are granted a permit or approval that is conditioned on or otherwise requires construction of public works improve- ments in the city of Yakima, shall comply with the provi- sions of this chapter. (2) Repairs and/or minor alterations to existing curbs or gutters, sidewalks, street pavement, driveway ap- proaches, and alleys are regulated by Title 8 of this code and are excepted from the requirements of this chapter (Ord. 95-6 § 3, 1995). 12.01.030 Design documents. (1) Design documents for design and construction of public works improvements shall, without limitation, include plan drawings and profile drawings, engineering calculations, and specifications. Design documents shall be submitted by the applicant to the city engineer before any construction is started. The city engineer may require the applicant to submit multiple sets of design documents. All drawings shall be of sufficient clarity and detail to indicate the' location, nature, and extent of the public works improvements. Design documents shall show in detail that construction work and public works 12 01 010 improvements shall conform to applicable laws and regulations including this title. Plans shall be drawn on substantial velum or mylar capable of reproduction on standard engineering reproduction equipment and shall conform to engineering standards satisfactory to the city engineer. Applicants may request to submit design documents on computer media compatible with the city engineer's data processing system. (2) Design documents shall be prepared by a civil engineer licensed by the state of Washington. The city engineer may waive preparation by a licensed civil engineer if the nature of the work contemplated is such that preparation by a licensed civil engineer is not necessary to obtain compliance with applicable laws and regulations including this title. Submittal of appropriate design documents shall not be waived. (Ord. 2001-13 § 2, 2001: Ord. 95-6 § 4, 1995). 12.01.040 Review process. (1) The city engineer shall review design documents for public works improvements. No public works improvements may be constructed before appropriate fees are paid and the city engineer has provided written approval of the pertinent design documents. If the city engineer determines that proposed public works improvements and the related design documents conform to applicable requirements including this chapter, then the city engineer shall mark the original design documents "Approved" and affix his/her signature thereto, and these actions shall constitute written approval. (2) Proposals will ordinarily be reviewed and inspected in the order they are submitted to the city engineer. An. applicant may request expedited review or inspection: however. an applicant shall have no right to such expedited review or inspection. The city engineer may determine the terms and conditions of such expedited review or inspection, including, without limitation, compensation for city employee overtime work. (3) Public works improvements describeu by approved design documents must be constructed in conformity with the approved design documents and may not be changed, modified or altered without written approval of the city engineer. (4) The applicant shall, during construction, maintain a neatly marked, full-sized set of record drawings showing the layout and final location of all public works improvements involved in new construction. Prior to final acceptance by the city of Yakima of public works improvements, reproducible record drawings prepared by the civil engineer of record and clearly identified as record 532-1 (Yakima 10-01) 12.01 040 drawings shall be delivered to the city engineer for acceptance (5) The applicant shall submit for written approval by the city engineer a detailed summary of the construction cost of approved public works improvements, which may include the contractor's bid. the engineer's estimate. or other items which may assist the city engineer to determine the cost of construction. (6) The applicant shall. upon the city engineer's written approval of completed public works improvements, transfer ownership of such public works improvements to the city of Yakima. (7) Final acceptance by the city of Yakima of the actual public works improvements shall not occur before the applicant has satisfied all applicable requirements, including, without limitation, those of this chapter. (Ord 2001-13 § 3, 2001: Ord. 95-6 § 5, 1995). 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review, permitting and inspection of public improvements constructed by private parties. This manual shall include a schedule of fees for such review, permitting and inspection approved by the city council. (2) All public improvements financed by ownerideveloper private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. (Ord. 2001-13 § 4, 2001) 12.01.060 Phased improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately useful and may be deferred until a period of time has passed, a development milestone has been reached, or some other event makes actual construction of such specified improvement useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer, actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be useful immediately must be constructed as part of the initial phase of a project or development and may not be included in the written agreement allowing specified (Yakima 10-01) improvements to be constructed at some later time. and shall be constructed prior to final approval of the initial phase of the proposed development. (Ord. 2001-13 § 6, 2001). 12.01.070 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this title is declared invalid or unconstitutional for any reason. such decision shall not affect the validity of the remaining portions of this title. (Ord. 2001-13 § 7, 2001- Ord 95-6 § 7, 1995). 532-2 Chapter 12.02 PUBLIC UTILITY EASEMENTS Sections: 12.02.010 12.02.020 12.02.030 12.02.040 12.02.050 12.02.060 Establishment of easements. Easement location and width. Easement pattern. Drainage easements. Other facilities. Excavation—Compaction. 12.02.010 Establishment of easements. Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new lots and redeveloped lots to provide future utility access as determined necessary by the city engineer. Public utility easements shall be dedicated (granted) at the time that subdivision andior land use approval is granted. (Ord. 2001-13 § 8, 2001. Ord. 98-64 § 1 (part), 1998). 12.02.020 Easement location and width. Eight -foot -wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width. or twice the buried depth of the utility, whichever is greater. (Ord. 2001-13 § 9, 2001 Ord. 98-64 § 1 (part), 1998). 12.02.030 Easement pattern. Utility easements shall be continuous and aligned from bloc{: to block within a subdivision and with easements in adjoining subdivisions to facilitate the extension of public utilities (Ord. 98-64 § 1 (part), 1998). 12.02.040 Drainage easements. Drainage easements shall be provided to protect natural water courses. drainage ways, and stream channels and to accommodate drainage facilities. Alignment and width of drainage easements shall be determined by the city engineer. (Ord. 98-64 § 1 (part), 1998). 12.02.050 Other facilities. Easements for unusual facilities such as high-voltage electrical transmission lines, higher -capacity natural gas transmission lines, and other private facilities may be provided at the direction of the city engineer. (Ord. 2001- 13 § 10, 2001: Ord. 98-64 § 1 (part), 1998). 12.02.010 12.02.060 Design approval and adjustment. The engineering design of easements is subject to approval by the cit\ engineer The city engineer ma\. in his/her discretion. adjust these standards as necessar} to facilitate establishment of easements. (Ord. 2001-13 § 12. 2001). 532-3 (Yakima 10-01) 12.03.010 Sections: 12.03.010 12.03.020 12.03.030 12.03.040 12.03.050 12.03.060 12.03.070 12.03.080 12.03.090 12.03.100 Chapter 12.03 SEWER Sewer service required. Sewer line extensions. Sewer line location. Minimum line size. Line termination. Manholes required. Side sewer service. Side sewer maximum length. Gravity flow required. Design approval and adjustment. 12.03.010 Sewer service required. All new lots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. (Ord. 98-64 § 1 (part), 1998). 12.03.020 Sewer line extensions. Sewer lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the city's adopted sewer comprehensive plan. (Ord. 98-64 § 1 (part), 1998) 12.03.030 Sewer line location. Sewer lines shall be located in streets to serve abutting properties. When necessary. sewer lines may be located within public easements. Sewer mains located in streets will be offset from the street centerline by six feet and manholes shall not be located within a vehicle tire path. Sewer lines located in easements shall generally be located in the center of the easement, but may, with the approval of the city engineer, be offset to accommodate the installation of other utilities or to satisfy special circumstances. (Ord. 2001-13 § 13, 2001. Ord. 98-64 § 1 (part). 1998). 12.03.040 Minimum line size. The minimum size for public sewer lines is eight inches in diameter. (Ord. 98-64 § 1 (part), 1998). (Yakima 10-01) 12.03.050 Line termination. Sewer lines shall be terminated with a flush -end (clean- out) or a manhole as directed by the city engineer. Man- holes will generally be used when extension of the sewer line is anticipated and manhole spacing will be appropriate for the future. (Ord. 98-64 § 1 (part), 1998) 12.03.060 Manholes required. Manholes shall be installed at intervals of no greater than three hundred fifty feet and at all vertical and horizontal angle points (Ord. 2001-13 § 14, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.070 Side sewer service. Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi -unit buildings are permitted. (Ord. 2001-13 § 15, 2001: Ord. 98-64 § I (part), 1998). 12.03.080 Side sewer maximum length. The maximum side sewer length within public right-of- way shall be one hundred feet unless otherwise approved by the city engineer. (Ord. 2001-13 § 16, 2001: Ord. 98- 64 § 1 (part), 1998). 12.03.090 Gravity flow required. Sewer lines shall be designed for gravity flow opera- tion. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity (Ord. 2001-I3 § 17, 2001: Ord 98-64 § 1 (part), 1998). 12.03.100 Design approval and adjustment. The engineering design of sewer facilities is subject to approval by the city engineer The city engineer may, in his discretion, adjust these standards as necessary to facilitate installation of sewer facilities, in cooperation with the wastewater division manager. (Ord. 2001-13 § 18, 2001. Ord. 98-64 § 1 (part), 1998). 532-4 Chapter 12.04 DOMESTIC AND NONPOTABLE IRRIGATION WATER Sections: 12.04.010 12.04.020 12.04.030 12.04.040 standards. 12.04.050 12.04.060 Service required. Water line extension required. Looping required. Minimum size and material Design approval and adjustment. Replacement of wooden mains. 12.04.010 Service required. All new Lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city, engineer in cooperation with the code administration manager and water irrigation division manager. (Ord. 2001-13 § 20, 2001- Ord. 98-64 § 1 (part), 1998). 12.04.020 Water line extension required. Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property Extensions will be consistent with and implement the city's adopted water comprehensive plan. (Ord. 98-64 § 1 (part), 1998). 12.04.030 Looping required. All water lines shall be looped. Temporary dead-end water lines may be permitted based upon an agreement between the developer and the city with provisions for timely completion of looping. (Ord. 98-64 § 1 (part). 1998). 12.04.040 Minimum size and material standards. New water lines in the city of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company system shall 12.04.010 conform to the requirements of Nob Hill Water Company (Ord. 98-64 § 1 (part), 1998). 12.04.050 Design approval and adjustment. The desigri of water lines and appurtenances is subject to approval by the city engineer. The city engineer may, in cooperation with the wateriirrigation division manager in his/her discretion. adjust these standards as necessary to facilitate installation of water lines and appurtenances. (Ord. 2001-13 § 21, 2001: Ord. 98-64 § 1 (part), 1998). 12.04.060 Replacement of wooden mains. (1) When development or construction activities cause an existing wooden water main to be covered by impervious surfacing, or to be exposed for other construction activities, the wooden main shall be replaced. (2) When replacement of existing wooden water mains is required, the replacement material shall be PVC pipe, class 200, or cement lined ductile iron pipe, class 50. (3) The replacement pipe shall be the same diameter as the existing pipe. (4) The City shall supply the pipe and fittings. The developer shall excavate and install the replacement pipe. The city shall supply the labor to connect the replacement pipe to the existing system. (5) The replacement main may be relocated in compliance with the water/irrigation division standards and requirements as approved by the city engineer. (6) When existing irrigation water mains are available to a site development or redevelopment, the irrigation mains should be extended to serve the development. (Ord. 2001-13 § 22, 2001). 532-5 (Yakima 10-01) 12.05.010 Sections: 12.05.010 12.05.020 Chapter 12.05 SIDEWALKS Sidewalk installation required. Sidewalk location, thickness and width. 12.05.010 Sidewalk installation required. Sidewalks shall be installed along both sides of all new, improved. and reconstructed streets Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. (Ord. 2001-13 § 23, 2001: Ord. 98-64 § 1 (part), 1998). 12.05.020 Sidewalk location, thickness and width. Sidewalks shall be located in the street right-of-way or, when necessary, in a public easement. They shall be constructed of cement concrete and be a minimum of four inches thick. Sidewalks at driveway approaches shall be a minimum of six inches thick. Sidewalks which are in need of repair or replacement may be reconstructed at their existing width. Otherwise, minimum sidewalk width for all new development shall be: A. Residential streets 5 feet B Arterial and collector streets 7 feet C Central business district streets 12 feet On arterial and collector streets five feet of sidewalk may be allowed with two feet of buffer such as planter strip (Ord. 2001-13 § 24, 2001. Ord. 98-64 § 1 (pan), 1998) 12.05.030 Obstructions. The full width of sidewalks shall be maintained free of any obstructions such as utility poles. meters. or manholes where feasible. (Ord. 2001-13 § 25, 2001) 12.05.040 Design approval and adjustment. The design of sidewalks and appurtenances is subject to approval of the city engineer. The city engineer may, in cooperation with the streets manager, adjust these standards as necessary to facilitate installation of sidewalks and appurtenances. (Ord. 2001-13 § 26. 2001). (Yakima 10-01) 532-6 Sections: 12.06.010 12.06.020 12.06.030 12.06.040 12.06.050 12.06.060 12.06.070 12.06.080 12.06.090 Chapter 12.06 STREETS Street types, functional classification. Right-of-way and pavement width standards. Design standards, adjustment of standards. Bicycle and pedestrian facilities. Cul-de-sac streets. Pattern. Provision of street curbing. Street lighting. Private access streets. 12.06.010 Street types, functional classification. Map V-1, functional classification of the Yakima urban area comprehensive plan, designates principal arterial, minor arterial and collector streets and establishes their functional classification. All other streets are classified as local residential access.. (Ord. 2001-13 § 27, 2001. Ord. 98-64 § I (part), 1998). 12.06.020 Right-of-way and pavement width standards. Right-of-way shall be dedicated and street surfacing provided in accordance with the following: Principal arterial Minor arterial Collector arterial Neighborhood collector Residential access Alley ways Right -of -Way (feet) 100 80 80 60 50 Pavement Width (feet) 70 65 54 40 32 20 20 (Ord. 2001-13 § 28, 2001: Ord. 98-64 § 1 (part), 1998). 12.06.030 Design standards, adjustment of stan- dards. The preferred construction design standards for each class of street are depicted in Figure 1. Final design of street improvements is subject to approval by the city engineer. The city engineer, at his discretion, is authonzed to adjust these standards as necessary to facilitate the construction of new streets and improvement of existing 12.06 010 streets Projects which repair small portions of or maintain existing streets shall not be considered "improvements- for the purposes of this section (Ord. 2001-13 § 30. 2001 Ord. 98-64 § 1 (part), 1998). 532-7 (Yakima 10-01) 10' 1- i Q g U m 12' r 12' 100' t2' 12' 12' Principal Arterials 80' to m V2' 12' 12' v ip lin } Minor Arterials so' NOTE. NEIGHBORHOOD c LE.0 R CONS)STS OF 2 DRIVING LANES 4+lini PARKING ON BOTH SIDES AF ER Ems, 2690 54' 12' 12' ' 12' 12 t- I Collector Arterials _. I 40' v i� in Neighborhood Collector 50' 32' a v ih t t l000l ResEdentiol Access NOTE ARTERIAL STREET DEfAENIS OMS ARE MEASURED TO FACE OF CURB, 2Q. Allay Section Residential Streets Construction Design Standards Fgure 532-8 12.06.040 Bicycle and pedestrian facilities. Bicycle lanes and pedestrian sidewalks shall be provid- ed along alt new or reconstructed arterial and collector arterial streets. where feasible. (Ord. 2001-13 § 31, 2001: Ord. 98-64 § t (part), 1998 ) 12.06.050 Cul-de-sac streets. Cul-de-sacs shall be constructed within a street nght-of- wav eighty feet in diameter and have an improved diame- ter of sixty-five feet. The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest street intersection to the center of the cul-de-sac (Ord. 98-64 § I (part), 1998). 12.06.060 Pattern. A. Street pattern shall provide for the continuation or appropriate projection of existing and new streets. B Residential streets shall be planned to discourage their use by nonlocal traffic. C Right-of-way boundaries at intersections of access streets shall be rounded with a minimum radius by the city engineer to be necessary. When determined necessary by the city engineer, the boundary line intersection shall be truncated with a chord having a nominal deflecting angle of forty-five degrees. D Streets shall be designed to intersect as nearly as possible at right angles and in no case shall streets inter- sect at an angle of less than eighty degrees. E Local access streets with centerlines offset less than one hundred eighty feet shall not be allowed. F Temporary dead-end streets shall be provided with a temporary cul-de-sac at the closed end and the design shall provide for continuation of the full right-of- way width to the property boundary. G Alleys, if used, shall be centered on the rear lot lines and shall serve only as secondary access to lots. Dead end alleys are not permitted. H The hearing examiner and city council may, upon recommendation from the city engineer, require such other design standards as deemed appropriate to ensure a safe and efficient street system. (Ord. 2001-13 § 32, 2001; Ord. 98-64 § 1 (part), 1998) 12.06.070 Provision of street curbing. Barrier curbs shall be installed along all public access streets. Rolled mountable curbs may be permitted along residential access streets. Curb design shall be consistent with the standards of the city engineer. (Ord. 2001-13 § 33, 2001. Ord. 98-64 § 1 (part), 1998). 12 06 040 12.06.080 Street lighting. A street light shall be installed at each street intersec- tion and at mid block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the cit' engineer. Lighting im- provements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city (Ord. 98-64 § 1 (part), 1998). 12.06.090 Private access streets. Private streets may be used as sole access to new lots and development and for internal circulation within man- ufactured home parks and residential planned develop- ments. Private streets shall be constructed in conformance with following standards: Potential Easement Engineered Surface Surface Density Width Street Width Type Plans 3 30 No 20 Paved 8 40 No 24 Paved 16 50 Yes 30 Paved Private streets shall be constructed with curbs, side- walks, and street lighting and shall otherwise conform to the standards for public streets. Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles (Ord. 2001-13 § 34, 2001 Ord. 98-64 § I (part), 1998). 532-9 (Yakima 10-01) 12 07.010 Sections: 12.07.010 12.07.020 12.07.030 Chapter 12.07 TRAFFIC STUDIES When required. Professional qualifications. Scope of study. 12.07.010 When required. In order to provide sufficient information to assess a development impact on the transportation system and level of traffic service. the city engineer may require a traffic study to be completed at the developer's expense. This decision will be based upon the size of the development proposal, existing roadway condition, traffic volumes, accident history, expressed community concern, and other factors relating to transportation. (Ord. 98-64 § 1 (part), 1998) 12.07.020 Professional qualifications. Traffic studies shall be conducted under the direction of a civil engineer or civil engineering firm licensed m the State of Washington and possessing special training and experience in traffic engineering and, preferably, with membership in the Institute of Transportation Engineers (ITE) (Ord. 98-64 § 1 (part), 1998) 12.07.030 Scope of study. The level of detail and scope of the traffic study may vary with the size, complexity and location of the pro- posed development. A traffic study shall be a thorough review of the immediate and long-range effects of the proposed development on the transportation system. Guidelines for traffic studies shall be published and available from the city engineer (Ord. 98-64 § 1 (part), 1998). (Yakima 10-01) 532-10 Chapter 12.08 TRANSPORTATION CAPACITY MANAGEMENT Sections: 12.08.010 12.08.020 12.08.030 12.08.040 12.08.050 12.08.060 Intent. Definitions. Transportation capacity test. Exemptions. Administrative reconsideration. Appeal to the city council. 12.08.010 Intent. The city of Yakima is required by the State Growth Management Act, Chapter 36.70A RCW, to ensure that proposed development not be approved unless transporta- tion improvements or strategies to accommodate the impacts of such development are established concurrently with any proposed development that would otherwise reduce the level of service of a transportation facility below the standards adopted in the transportation element of the city's comprehensive plan. The intent of this chap- ter is to establish a transportation capacity management system to ensure that transportation facilities and services needed to maintain adopted minimum comprehensive plan level of service standards are available concurrently with, or within a reasonable time after, new development, occupancy, or use. This chapter implements the goals, policies and implementation strategies of the capital facilities plan element of the Yakima urban area com- prehensive plan. (Ord. 2000-5 § 1 (part), 2000: Ord. 98- 68 § 1 (part), 1998). 12.08.020 Definitions. A. "Applicant" means a person or entity that has submitted a complete application for a development or building permit. B. "Available transportation capacity" means cur- rently unused transportation capacity within a transporta- tion facility. C. "Concurrency" means that adequate transportation facilities are available when the impacts of development occur or a financing plan is adopted which will fund required improvements within six years. D. "Development permit" means any land use or development approval which may be granted by the city of Yakima. E. Level of Service Standards. The "level of service standards" used in transportation capacity tests are those standards specified in the current adopted or transporta- tion element of the capital facilities program. 12.08.010 F. "Planned capacity" means transportation capacity for a transportation facility that is not yet available, but for which the necessary facility construction, expansion or modification project is included in the current adopted capital facilities plan and scheduled to be completed within six years. G. "Transportation capacity" means the volume of transportation activity (motor vehicles/lane/unit time) that can be reasonably and safely accommodated by a trans- portation facility, as stated in the transportation plan, final report, dated February 1998 (or as revised, supplemented, or replaced), which is appended to the capital facilities element of the comprehensive plan. For the purposes of this chapter, transportation capacity shall be measured as eight hundred vehicles per lane during peak hour, pursu- ant to city council Ordinance 2000-4. H. "Transportation capacity test" means the compari- son of the transportation capacity required by proposed development and the available capacity, including planned capacity. I. "Transportation facility" means the classified streets identified in the capital facilities element of the comprehensive plan. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.030 Transportation capacity test. A. Application. The city' s review of all applications for development permits and for building permits for projects not exempted by Section 12.08.040 shall include a transportation capacity test conducted by the city traffic engineer. B. Procedures. The transportation capacity test will be performed by the city traffic engineer in conjunction with review of proposed development projects and build- ing permit applications. The department of community and economic development shall notify the applicant of the test results. 1. If the unused capacity of transportation facilities affected by a project is equal to or greater than the capac- ity required by the project, the transportation capacity test is passed. 2. If the unused capacity of transportation facilities affected by a project is less than the capacity required by the project, the transportation capacity test is not passed. The project may not be approved unless transportation improvements or strategies to provide capacity required by the project are established concurrently with the pro- ject. 3. In the event a proposed project does not pass the transportation capacity test, the applicant may: a. Modify the application to reduce the transporta- tion capacity required by the project; 532-11 (Yakima 11-00) 12.08.030 b. Demonstrate to the city's satisfaction that the project will require less transportation capacity than would normally be required by similar projects and that, therefore, unused transportation capacity is adequate; c. Propose transportation improvements or strategies to provide the capacity required by the project develop- ment. C. Test. Proposed developments that would reduce the level of service below the minimum level of service standard cannot be approved. For transportation facilities, available and planned transportation capacity will be used in conducting the transportation capacity test. The city will maintain administrative policies which describe the methodology for calculating the capacity analysis. Such policies shall be available for public information at the time of application. D. Fees. A fee of two hundred fifty dollars shall be paid for each transportation capacity test, except that this fee shall be waived for one subsequent test within six months of a test for which the fee was paid. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.040 Exemptions. A. No Significant Impact. Development permits for projects which, as determined by the city traffic engineer, create less than ten p.m. peak hour trips, as estimated using the Institute of Transportation Engineers Trip Gen- eration Manual, 6th Edition (or more recent) on any transportation facility are exempt from the requirements of this chapter. A list of exemption threshold will be maintained as part of the administrative policies. B. The director of community and economic de- velopment, with the recommendation of the city traffic engineer, shall be responsible for determining other types of development to be included under this exemption. C. Building Permit Applications Filed Before Effec- tive Date of the Ordinance Codified in this Chapter. Complete building permit applications submitted before the effective date of said ordinance are exempt from the requirements of this chapter. D. Single -Family Homes. Single-family homes on lots platted before the effective date of said ordinance are exempt from the requirements of this chapter. E. Accessory Dwelling Units. All accessory dwell- ing units, as defined in this code, are exempt from the re- quirements of this chapter. F. Accounting for Capacity. The transportation capacity for development permits exempted under subsec- tions C and D of this section shall be taken into account. Traffic counts shall be maintained and regularly updated by the city of Yakima and used for monitoring purposes. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). (Yakima 11-00) 12.08.050 Administrative reconsideration. The applicant may request administrative reconsidera- tion of the results of the transportation capacity test within fifteen days of the notification of the test results by filing with the department of community and econom- ic development a formal request for reconsideration specifying the grounds thereof, using forms authorized by the department of community and economic development. Each such request for administrative reconsideration shall be accompanied by a fee of one hundred dollars. Upon filing of such request, the director of community and economic development shall notify the city traffic engi- neer of such request. The city traffic engineer shall recon- sider the test results and issue a determination either upholding the original determination or amending it. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.060 Appeal to the city council. The applicant may appeal the results of the transporta- tion ransportstion capacity test within fifteen days after the city traffic engineer issues notice of decision on a request for admin- istrative reconsideration by filing with the department of community and economic development a formal appeal of the transportation capacity test specifying the grounds thereof, using forms authorized by the department of community and economic development. Each such appeal to the city council shall be accompanied by a fee of one hundred fifty dollars. Upon filing of such appeal, the department of community and economic development shall notify the city clerk of such appeal. The city council shall review the test results and issue a determination either upholding the original determination or amending it. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 532-12 Title 14 SUBDIVISIONS Chapters: 14.05 General Provisions 14.10 Definitions 14.15 Short Subdivision --Procedure 14.20 Subdivision—Procedure 14.25 Subdivision—Design Requirements 14.30 Subdivision—Improvement Requirements 1435 Binding Site Plans 14.40 Subdivision and Short Subdivision Enforcement Provisions Chapter 14.05 GENERAL PROVISIONS Sections: 14.05.010 Short title. 14.05.020 Purpose and interpretation. 14.05.030 Approval required. 14.05.040 Administration. 14.05.050 Authority. 14.05.060 Scope. 14.05.070 Amendments. 14.05.080 Effect of partial invalidity. 14.05.090 Effect on existing rights. 14.05.100 Savings. 14.05.110 Effect of heading and references. 14.05.120 Existing permits to remain in force. 14.05.130 False representation prohibited. 14.05.140 Uniformity of application. 14.05.150 Preliminary plats—Offers and agreements to sell lots. 14.05.160 Exemptions. 14.05.170 Qualified exemptions. 14.05.180 Effect of filing completed application. 14.05.190 Time periods—Computation. 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat. 14.05.010 Short title. This Title 14, "Subdivisions," of the city of Yakima Municipal Code shall constitute the "subdivision code" of the city of Yakima and may be cited as such. (Ord. 98-65 § 2 (part), 1998). 14.05.020 Purpose and interpretation. This subdivision code is enacted pursuant to the laws of the state of Washington, particularly Chapter 58.17 RCW, and also in exercise of the police powers of the city of Yakima. The purposes of this subdivision code include protection and preservation of the public health, safety and general welfare in accordance with standards established by Chapter 58.17 RCW; to prevent overcrowding land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and other public 14.05.010 requirements; and to provide for proper ingress and egress. This subdivision code is also intended to provide for expeditious review and approval of proposed subdivisions which conform to city zoning standards, plans, development standards, and policies; to adequately provide for the housing and commercial needs of the citizens of the city; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. All provi- sions of this subdivision code shall be liberally construed for the accomplishment of that purpose. (Ord. 98-65 § 2 (part), 1998). 14.05.030 Approval required. It is unlawful for any person to divide land so as to constitute a subdivision or short subdivision, or to enter into any contract for the sale or lease of any lot in a prelimi- nary subdivision within the city of Yaldma, except as provided by Chapter 58.17 RCW, and without first comply- ing with the applicable provisions of this title. (Ord. 98-65 § 2 (part), 1998). 14.05.040 Administration. A. The director of community and economic devel- opment of the city of Yakima, referred to in this title as the administrator, shall be responsible for administering and interpreting the provisions of this title. B. The administrator may prepare and require the use of such forms as are deemed necessary to administer this title. (Ord. 98-65 § 2 (part), 1998). 14.05.050 Authority. Pursuant to Chapter 58.17 RCW, primary authority for subdivision and short subdivision of land in the city of Yakima is vested in the city council as the legislative body. Pursuant to RCW 58.17.060, the Yaldma city council delegates responsibility for final determination of proposed short plats and boundary line adjustments to the planning administrator, or his or her designee. Pursuant to Chapter 58.17 RCW and Section 1.43.080 YMC, the hearing exam- iner is authorized to make a recommendation to the city council on preliminary plats and modifications to prelimi- nary plats, and to make final decisions on requests for preliminary plat extension under Section 58.17.140 RCW, plat amendment and plat vacation. The city council shall make final decisions on all on preliminary plats, modifi- cations to approved preliminary plats and final plats. (Ord. 98-65 § 2 (part), 1998). 543 14.05.060 Scope. Any division, redivision, platting or subdivision of land into lots, tracts, parcels, sites or divisions for the purpose (Yakima 5-00) 14.05.060 of sale, lease, or transfer of ownership shall comply with the provisions of this title. (Ord. 98-65 § 2 (part), 1998). 14.05.070 Amendments. A. The regional planning commission shall consider in public hearing any proposed amendments to, or the repeal of, this title and submit a recommendation thereon to the Yakima city council. Public notice of the hearing before the regional planning commission shall be provided in the following manner. 1. By publication of at least one notice not less than ten calendar days prior to the public hearing in the official city newspaper. 2. Additional notice shall be given to individuals and organizations which have submitted written requests for notice by mailing of a notice not less than ten calendar days prior to the public hearing. B. The Yakima city council shall consider in public hearing any proposed amendments to, or repeal of, this title along with the recommendation of the regional planning commission thereon. Public notice of the hearing before the city council shall be given in the same manner as for the regional planning commission hearing. (Ord. 98-65 § 2 (part), 1998). 14.05.080 Effect of partial invalidity. If any provision of this title or its application to any person or circumstance is for any reason held to be invalid, the remainder of this title, or the application of the provi- sions to other persons or circumstances, is not affected. (Ord. 98-65 § 2 (part), 1998). 14.05.090 Effect on existing rights. The repeal by the ordinance enacting this title of any existing ordinance shall neither revive any former ordinances heretofore repealed, nor affect any right existing or accrued, nor any action or proceeding already taken, except as in this title provided. (Ord. 98-65 § 2 (part), 1998). 14.05.100 Savings. The enactment of this title shall not terminate, or in any way modify, any liability, civil or criminal, which exists at the date this title becomes effective. (Ord. 98-65 § 2 (part), 1998). 14.05.110 Effect of heading and references. Chapter headings, tables of contents, and section titles used in this title do not constitute any part of the law. (Ord. 98-65 § 2 (part), 1998). 14.05.120 Existing permits to remain in force. Except as otherwise provided herein, all permits lawfully (Yakima 5-00) issued under the provisions of any ordinance repealed by the ordinance codified in this title shall remain in force and effect until the expiration thereof unless sooner surren- dered or revoked, subject, however, to all other provisions of this title. (Ord. 98-65 § 2 (part), 1998). 14.05.130 False representation prohibited. No person shall make a false statement or representation in any application, statement or report required by this title to be made. (Ord. 98-65 § 2 (part), 1998). 14.05.140 Uniformity of application. The provisions of this title shall be applicable and uniform with regard to all divisions, subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature for the purpose of sale or lease in the present or future within the corporate limits of the city of Yakima. (Ord. 98-65 § 2 (part), 1998). 14.05.150 Preliminary plats—Offers and agreements to sell lots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval which is not expressly conditioned on the recording of plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 98-65 § 2 (part), 1998). 14.05.160 Exemptions. The provisions of this title shall not apply to divisions and activities described in RCW 58.17.040; provided that, in order to determine whether a proposed boundary line adjustment meets the requirements for an exempt action, approval must be received from the administrator: A. Cemeteries and other burial plots while used for that purpose. B. Division of land into parcels in which the smallest parcel created by the division is forty acres in area or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline. C. Division made by testamentary provisions, or the laws of descent. D. A division for the purpose of lease when no residen- tial structure other than mobile homes or travel trailers are permitted to be placed upon the property in accordance 544 with the provisions of Title 15 of the Yakima Municipal Code and a binding site plan for the use of the prop' has been filed for record with the Yakima County ditor. E. A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose: 1. Administrative segregations in the Yakima County assessor's office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes. 2. Annexations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing them. 3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area, by public s or bodies sc utility ways. purpose of future use as public highways Pd ways. 4. The sale or lease of a condominium unit subject to the provisions of Washington State Horizontal Property Regimes Act (Chapter 64.32 RCW). F. Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted tothe office of environmental planning on forms provided by the admin- istrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. Application. An 1. Requirements for a Complete App applicant for a boundary line adjustment shall submit the following, which shall be necessary for continued pro- cessing: a. A scale drawing which depicts the existing property configuration, including all lot line dimensions. b. A scale drawing which depicts the proposed property configuration, including all lot line dimensions. fi c. A legal description of the existing property config- uration uration and proposed property configuration, prepared on by g- a licensed professional engineer or professional land survey- or. 2. Criteria for Approval. The administrator shall approve an application for a boundary line adjustment if: a. No additional lot, tract, parcel, site or division will be created by the proposed adjustment; b. No lot is created or modified which contains insuffi- cient area or dimensions to meet the minimum requirements of the zone in which the affected lots are situated; c. No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, 14.05.160 and no existing easement in favor of the public is rendered impractical to serve its purpose; and d. The boundary line adjustment is consistent with the applicable provisions of Title 15. G. Division of land into lots or tracts classified for industrial or commercial use pursuant to Chapter 14.35 YMC when the city has approved a binding site plan. When the binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the Yakima County auditor' s office. (Ord. 98-65 § 2 (part), 1998). 14.05.170 Qualified exemptions. A. The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease: 1. A division provided by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following: a. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are executed and maintained in all respects in compliance with the governing laws. b. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures gov- erning them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separa- tion or dissolution proceedings. 2. The sale or transfer of a "parcel" as defined by Section 14.10.160(B) of this title. B. Applications for qualified exemptions shall be submitted to the office of environmental planning on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether any specific action may be exempt. C. Exemption may be allowed by the administrator for only those actions which do not contravene the spirit and intent of this title and applicable state statutes. (Ord. 98-65 § 2 (part), 1998). 14.05.180 Effect of filing completed application. A. A proposed division or subdivision of land shall be considered under the subdivision code and zoning or other land use control ordinances in effect at ta the timemeal fully completed application for preliminary p approval 545 (Yakima 5-00) 14.05.180 or short plat approval of the subdivision has been submitted to the administrator. B. Limitations, requirements, or other conditions of approval imposed under this title shall not preclude impo- sition of other conditions under the State Environmental Policy Act ("SEPA"), Chapter 43.21C RCW, and the city's SEPA regulations, Chapter 6.88. (Ord. 98-65 § 2 (part), 1998). 14.05.190 Time periods --Computation. Any period of time prescribed or allowed by this title shall not include the day of the act, event, or default that begins the period. The last day of the period shall be included, but if the last day is a Saturday, Sunday or legal holiday, the period shall run through the close a Sunday, on the next day which is neither a Saturday, y, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, the computation shall not include Saturday, Sunday, or legal holidays. (Ord. 98-65 § 2 (part), 1998). 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat. A. The subdivision or short subdivision applicant may, as an alternative to actual construction of any required improvements, provide a surety bond or other secure method providing for and securing to the city the actual construction of required improvements within a specified period of time and expressed in a bond or other appropriate instrument establishing such security. Any bond or other method of securing actual construction of required improvements shall specify the improvements covered and the schedule for completion. B. In cases of subdivision, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney after approval of the preliminary plat by the city council. In cases of short subdivisions, the bond or other method of securing actual construction of required im- provements shall be subject to approval by the city engineer and city attorney prior to approval of the short plat by the administrator. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improve- ments. (Ord. 98-65 § 2 (part), 1998). (Yakima 5-00) 546 Sections: 14.10.010 14.10.020 14.10.030 14.10.040 14.10.050 14.10.060 14.10.070 14.10.080 14.10.090 14.10.100 14.10.110 14.10.120 14.10.130 14.10.140 14.10.150 14.10.160 14.10.170 14.10.180 14.10.190 14.10.200 14.10.210 14.10.220 14.10.230 14.10.240 Chapter 14.10 DEFINITIONS Scope and construction of terms. Administrator. Alley. Binding site plan. Block. City. Comprehensive plan. Dedication. Development agreement. Divide. Double frontage lot. Easement. Final plat. Land. Lot. Parcel. Person. Preliminary plat. Right-of-way. Short plat. Short subdivision Subdivision applicant. Subdivision Survey monument. 14.10.010 economic development or his/her designee. (Ord. 98-65 § 2 (part), 1998). 14.10.010 Scope and construction of terms. A. Words, phrases and terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless a different meaning clearly appears from the context.council, commission, B. Reference in this title to any office, officialcommittee, body, group, agency, department, or municipal employee shall mean such entity of the city of Yakima except where otherwise stated or required by context. C. When consistent with the context, words and phrases used herein shall include the past, present and future tenses; the masculine, feminine and neuter genders; and the singular and plural. D. The word "may" as used herein is permissive and authorizes use of discretion in making a decision; the word "shall" as used herein is mandatory, allowing no discretion, and requires the specified action or result. (Ord. 98-65 § 2 (part), 1998). 14.10.020 Administrator. "Administrator" means the director of community and 14.10.030 Alley. "Alley" means a public right-of-way used primarily as a secondary means of access to residences and business establishments. (Ord. 98-65 § 2 (part), 1998). " 14.10.040 Binding site plan. "Binding site plan" means a drawing at a scale of one inch equals one hundred feet which: A. Identifies and shows the areas and locations of all streets, utilities, open spaces, and improvements required by law or as conditions of approval. B. Contains or refers to a development agreement setting forth the limitations and conditions for the use of the land as established by the city of Yakima. C. Contains provisions acceptable to the city of Yakima that will ensure that development and land use of the site will conform to the approved site plan. D. The administrator has certified conforms to an approved planned development in accordance with the provisions of Title 15, Yakima Municipal Code ("Yakima Urban Area Zoning Ordinance"). E. Meets the requirements of Chapter 14.35 of this title. (Ord. 98-65 § 2 (part), 1998). 14.10.050 Block. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. (Ord. 98-65 § 2 (part), 1998). 14.10.060 City. Yakima County, "City" means the city of Yakima, Washington. (Ord. 98-65 § 2 (part), 1998). 14.10.070 Comprehensive plan. "Comprehensive plan" means the general plan of the city of Yakima codified at Section 1.42.070 Yaldma Munici- pal Code, together with amendments and supplements thereto which have been or may hereafter bebop 9 by the Yakima city council. (Ord. 98-65 § 2 (part), 547 14.10.080 Dedication. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short platblic shall ing the dedication thereon, and the acceptance by the p (Yakima 5-00) 14.10.080 by the approval of a short plat by the administrator or by approval of a final plat by the Yakima city council. (Ord. 98-65 § 2 (part), 1998). 14.10.090 Development agreement. "Development agreement." means oaagr agreement bet een the owner(s) of property and the city Yakima pursuant to RCW 36.70B.170 to 210, or as such statutes may 8 ssupplemented or amended. (Ord. 98-65 § 2 (part), 14.10.100 Divide. "Divide" means any action or transaction, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size, or legal description of any part of an owner's "land" as defined by this title. Sale of a condominium unit and rental or lease of a build- ing, facility or structure that does not alter or affect the legal description of an owner' s "land" shall not constitute a division. (Ord. 98-65 § 2 (part), 1998). 14.10.110 Double frontage lot. "Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets other than alleys. (Ord. 98-65 § 2 (part), 1998). 14.10.120 Easement. "Easement" is a grant by a property owner to specific persons or to the public to enter onto, cross, (rd. 98 otherwisee to use land for a specific purpose or purposes. § 2 (part), 1998). 14.10.130 Final plat. "Final plat" means the final drawing of the subdivision and any associated dedication prepared for filing for record with the Yakima County auditor which conforms to the 8) requirements of this title. (Ord. 98-65 § 2 (part), 14.10.140 Land. "Land" means a lot or parcel of real property. (Ord. 98-65 § 2 (part), 1998). 14.10.150 Lot. "Lot' means a unit of land having defined boundaries and shown on a final plat office. officially 98-65 § in the Yakima County auditor's (part), 1998). 14.10.160 Parcel. "Parcel" means a unit of land having defined boundariesor and not shown on an officially recorded final plat plat and is limited to the following: (Yakima 5-00) A. A division of land defined in a legally executed deed prior to December 9, 1978. B. A division of land created by sale, lease, or option contract legally executed prior to December 9, 1978, which presently remains a binding and enforceable commitment between the parties thereto, their successors and assigns. C. The remaining division of land created as a iesult of actions defined by subsections A and B of this section. D. A taxation parcel, also known as a "tax parcel," which was created prior to December 9, 1978, for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were created administratively by the Yakima County assessor' s office solely for tax purposes, but which otherwise are not parcels created by legal subdivision. Examples of taxation parcels created solely for tax purposes include senior citizen segregations, special district segregations, deed of trust or mortgage segregations, and segregations for tax exemp- tion purposes. (Ord. 98-65 § 2 (part), 1998). 14.10.170 Person. "Person" means an individual, firm, partnership, corpora- tion, orporation, company, association, syndicate or any other legal entity, including a trustee, receiver, assignee, or representa- tive thereof. (Ord. 98-65 § 2 (part), 1998). 14.10.180 Preliminary plat. "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. See Chapter 14.20 for additional requirements of preliminary plats. (Ord. 98-65 § 2 (part), 1998). 14.10.190 Right-of-way. "Right-of-way" means land dedicated to public use and maintained for existing or future public access. (Ord. 98-65 § 2 (part), 1998). 14.10.200 Short plat. "Short plat" means the map or representation of a short subdivision that conforms to the requirements of this title. (Ord. 98-65 § 2 (part), 1998). 14.10.210 Short subdivision. "Short subdivision" means the division or re -division of land into nine or fewer lots for the purpose of sale, lease, or transfer or ownership in the present or future except as provided in Section 14.05.120 of this title. (Ord. 98-65 § 2 (part), 1998). 548 14.10.220 Subdivision applicant. "Subdivision applicant" means any person, as defined by Section 14.10.170 of this title, who undertakes to create a subdivision or short subdivision pursuant to the require- ments of this title. (Ord. 98-65 § 2 (part), 1998). 14.10.230 Subdivision. "Subdivision" means the division or re -division of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the present or future except as expressly exempted by this title. (Ord. 98-65 § 2 (part), 1998). 14.10.240 Survey monumentobject marking "Survey monument" means a physical a survey corner which is constructed and installed by a registered land surveyor of the state of Washington as a result of a land survey and in accordance with the standards established by RCW 58.17.240. (Ord. 98-65 § 2 (part), 1998). 549 14.10.220 (Yaldma 5-00) 14.15.010 Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Sections: 14.15.010 Preliminary application for short subdivision—Requirements. 14.15.020 Criteria for approval. 14.15.030 Findings and conclusions. 14.15.040 Preliminary application— Administrator's approval/ disapproval—Time limitation. 14.15.050 Public notice of short plat application. 14.15.060 Final short plat—Time limitation. 14.15.070 Land survey requirements. 14.15.080 Final short plat contents. 14.15.100 Approval of short subdivision— Notice to parties of record. 14.15.110 Short plat decision—Appeals. 14.15.120 Appeal of administrative official's decision. 14.15.130 Appeal of hearing examiner's decision. 14.15.140 City council action on appeal of hearing examiner's decision. 14.15.150 Appeal of city council's decision. 14.15.160 Effect of appeals. 14.15.170 Actions not appealable. 14.15.180 Approval of short subdivision— Filing. 14.15.190 Resubdivision restricted. 14.15.200 Short plat amendment. 14.15.010 Preliminary application for short subdivision—Requirements. A. An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representa- tive of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the city office of environmental planning. B. Each application for a short subdivision shall include the following, which shall be necessary for continued processing: 1. A written application on a form provided by the office of environmental planning and signed by the land- owner or his/her authorized agent. (Yakima 5-00) 2. A legible and reproducible drawing at a scale of one inch equals one hundred feet or larger of the entire contiguous tract owned by the applicant, which shall show: a. Name and address of owner(s) whose properties are shown on the map. b. North arrow. c. Date of preparation. d. The name, location and width of all streets and alleys abutting the property. e. Tract and lot identification, lot lines, and dimensions of each lot. f. Approximate location of existing improvements, buildings and permanent structures. g. Size and location of water, sewer, and utility ease- ments proposed to serve the lots to be created and their point of connection with existing services. h. If requested by the administrator, contour lines at two foot elevation intervals for slopes less than ten percent and five foot intervals for slopes more than ten percent. Elevations shall be based on city of Yakima datum if available. 3. A nonrefundable application fee according to the current fee schedule as adopted by city council. (Ord. 98-65 § 2 (part), 1998). 14.15.020 Criteria for approval. The administrator shall approve the short subdivision and short plat if, and only after, he/she makes written findings and conclusions that: A. The application complies with the general require- ments for short subdivision approval as specified by this chapter. B. The proposed short subdivision appropriately pro- vides for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The administrator may determine that other considerations are appropriate to evaluate as criteria for approval. C. The short subdivision and any associated dedication will serve the public interest. (Ord. 98-65 § 2 (part), 1998). 550 14.15.030 Findings and conclusions. The administrator shall not approve a short plat and short subdivision unless he/she makes written findings that: A. The application complies with ail applicable laws and regulations. B Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking condi- tions for students who walk to and from school, and such other considerations the administrator determines are appro- priate. C. The short subdivision and any associated dedication will serve the public interest. (Ord. 98-65 § 2 (part), 14.15.040 Preliminary application -- Administrator's approval/ disapproval_ Time limitation. Upon receiving a short subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. Within twenty-eight days of the preliminary application the administrator will deter- mine if a complete application has been submitted. Only those preliminary applications deemed complete will be processed further. Incomplete preliminary applications will be returned to the applicant together with a notice oof deficiencies. Following the determination that the app n is complete, the administrator shall approve, disapprove, or return for modification all preliminary short subdivision applications within thirty days from the date of determi- nation that a complete application has been received, unless the applicant consents to an extension of such time period. In reaching his/her conclusion to approve or die whetherp prove short subdivisions, the administrator shall determin the requirements of this tibeentle shorto a formal written finding of fact aso whether the subdivision is consistent with the standards of the city of Yakima zoning ordinance and comprehensive plan. (Ord. 98-65 § 2 (part), 1998). 14.15.050 Public notice of short plat application. Within ten calendar days after the short plat application is determined to be complete, notice of the short plat application shall be sent by first-class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet ofeither(1) the land proposed to be subdivided or (2) any adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. (Ord. 98-65 § 2 (part), 1998). 14.15.060 Final short plat—Time limitation. Following preliminary short plat approval the applicant 14.15.030 will have eighteen months in which to comply with the conditions of approval and submit the final short plat. This approval may be extended up to one additional year by action of the administrator. Requests for extension must be in writing to the planning department and must be received prior to the expiration date of initial approval. (Ord. 98-65 § 2 (part), 1998). 14.15.070 Land survey requirements. A. A final short plat of land shall be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey. B. All proposed short plats shall be referenced either from/to two monumented section or quarter section corners, or from/to two other suitable permanent control monuments. C. Each lot corner established by a land survey shall be marked by a permanent survey monument. (Ord. 98-65 § 2 (part), 1998). 14.15.080 Final short plat contents. A final short plat shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on mylar or equivalent and shall be eighteen inches by twenty-four inches in size. It shall show: A. All lots or parcels, which include land, proposed to be divided. B. The taxation parcel number or numbers assigned by the Yakima County assessor to land proposed to be divided. C. The house address for each lot shown upon the short plat. D. The names or recording numbers of any contiguous subdivisions or short subdivisions. E. Lot corners and lines marking the division of the land into nine or fewer lots. F. Location, size, purpose and nature of existing roads, streets, utilities, rights-of-way, and easements adjacent to, or across, the land proposed to be divided. G. Location of any roads, rights-of-way, or easements proposed to serve the lots within the proposed short plat with a clear designation of their size, purpose and nature. H. North arrow and scale. I. The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided as enumerated in subsections (IX1)(b) and (2)(b) of this section, as well as the acknowledged signatures of all owners of property over which access or utility ease- ments pass unless such easements are previously or simulta- neously recorded by separate instrument in the county auditor' s office, certifying the following: 1. In the case of a short subdivision not containing a dedication: 551 (Yakima 5-00) 14.15.080 a. A full and correct legal description of the land proposed to be divided as it appears on the short plat. b. A statement of free consent in substantially the following form, the reference to easements to be omitted where not applicable: Know all persons by these presents that are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do hereby grant and reserve the easements as shown hereon for the uses indicated hereon. (Name) (Name) 2. In the case of a short subdivision containing a dedication: a. A full and correct legal description of the land to be divided as it appears on the short plat; b. A statement of free consent and waiver of claims for damages in substantially the following form: DEDICATION AND WAIVER OF CLAIMS Know all persons by these presents that are the owners and all other parties having any interest in the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Yakima and any other governmental authority which may be occa- sioned to the adjacent land by the established construc- tion, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby grant and reserve the easements as shown hereon for the uses indicated. (Name) (Name) 3. If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite said waiver, (Yakima 5-00) J. A certificate by a registered land surveyor certifying to the accuracy of the survey and short plat in substantially the following form: I, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Re- cording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon. (Surveyor's signature, seal and number) K. County treasurer's office certificate in substantially the following form: I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid. Dated this day of , 20 Yakima County Treasurer's Office. By: L. If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form: The property described hereon is wholly or in part within the boundaries of the Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights- of-way and easements as may be imposed by said district in accordance with the law. 552 M. Administrator's signature block. (Ord. 98-65 § 2 (part), 1998). 14.15.100 Approval of short subdivision— Notice to parties of record. The administrator shall, after determining that the requirements of this title have been met and that all the proper individuals have signed the short plat, notify all parties of record that the short plat is ready to be approved. An approved short plat shall not be filed within fourteen calendar days after the date of mailing of said notice. Any appeals of the administrator's decision to approve must be filed within this fourteen day period. (Ord. 98-65 § 2 (part), 1998). 14.15.110 Short plat decision --Appeals. All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the office of environmental planning. The planning administrator shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 98-65 § 2 (part), 1998). 14.15.120 Appeal of administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the planning administrator may appeal that decision to the hearing examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the planning administrator. Appeals shall be filed with the office of environmental planning. shall be C. Appeals Shall Be in Writing. All appeals in writing on forms provided by the office of environmental planning and shall be accompanied by the required fees. All appeals shall specifically cite the action being appeal the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban area zoning ordinance, this title, or other provisions of law. D. Notice. The office of environmental planning shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing. administrator shall E. Transfer of Record. The planning transmit to the hearing examiner true copies of all records pertaining to the proposed short subdivision decision being appealed, together with any additional written report as he/she may determine is pertinent. F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivi- sion applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The depart- ment shall send copies of the hearing examiner's decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 98-65 § 2 (part), 1998). 14.15.110 14.15.130 Appeal of hearing examiner's decision. A. Appeals. The hearing examiner's decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner; 1. The appealing party must file a compldte written notice of appeal with the office of environmental planning upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision. 2. The notice of appeal shall specify the claimed er- ror(s) and issue(s) which the city council is asked to consid- er on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the city council. B. Appeal Procedures. 1. The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen -day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner. 553 (Yakima 5-00) 14.15.130 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the office of environmental planning shall within five days deliver to the city council a copy of the examiner' s decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner and any written argument or memorandum of authority which have been received. (Ord. 98-65 § 2 (part), 1998). 14.15.140 City council action on appeal of hearing examiner's decision. A. General. When the record and the hearing examiner's decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner's decision was based and the written and oral arguments of the appel- lant and other parties of record regarding whether the hearing examiner's decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental plan- ning. B. Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all parties of record of the date of the closed record public hearing on the appeal. C. Site Views. The city council may view the site. D. Scope of Review. city council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to any new material provided. E. Action on Appeal. At the closed record public hear- ing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner's findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findings and conclusions accordingly. (Ord. 98-65 § 2 (part), 1998). 14.15.150 Appeal of city council's decision. The action of the city council on an appeal of the decision of the hearing examiner shall be final and conclu- sive unless within twenty-one days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant (Yakima 5-00) shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceed- ings for purposes of review by the superior court. (Ord. 98-65 § 2 (part), 1998). 14.15.160 Effect of appeals. No short subdivision may be recorded while an appeal to superior court is pending. (Ord. 98-65 § 2 (part), 1998). 14.15.170 Actions not appealable. A. Generally. Only final actions or decisions of a re- viewing or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision-making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 14.40 of this title. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 98-65 § 2 (part), 1998). 14.15.180 Approval of short subdivision— Filing. Each short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor and shall not be deemed approved until so filed. The owner(s) of the land proposed to be subdivided shall be responsible for payment of all filing fees. (Ord. 98-65 § 2 (part), 1998). 14.15.190 Resubdivision restricted. Pursuant to the provisions of RCW 58.17.060, land in an approved short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat under the provisions of Chapter 14.20 YMC, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 98-65 § 2 (part), 1998). 554 14.15.200 Short plat amendment. An approved and recorded short plat may be amended or vacated in whole or in part in a manner not involving subdivision by recording an amended short plat in accor- dance with the following provisions: A. The amended short plai must comply with procedures and requirements of this chapter for original short plat approval. B. The title of the amended short plat shall be: Short Plat No. Amending Short Plat No. C. The amended short plat shall show all of the land shown on the original short plat; shall show all deleted original lot lines as dashed lines; and shall bear the ac- knowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown shall current certificate. D. The amended short p of lots included in the original short plat unless the original short plat created fewer than the maximum allowable number of lots. Where fewer than four lots were created an amended short plat may increase the number of lots up to a final total of four. lines in lot E. Minor errors not involving any change may be corrected by the surveyor upon approval f the administrator by recording an affidavit with the Yakima County auditor which specifically references the affected short plat by number and sets forth the correction. (Ord. 98-65 § 2 (part), 1998). 555 14.15.200 (Yakima 5.00) 14.20.010 Chapter 14.20 SUBDIVISION PROCEDURE Sections: 14.20.010 Simultaneous review. 14.20.020 Preapplication procedure. 14.20.030 Subdivision application— Requirements. 14.20.040 Preliminary plat preparation. 14.20.050 Preliminary plat contents. 14.20.060 Determination of complete application. 14.20.070 Open record public hearing date established. 14.20.070 Notice of open record public hearing. 14.20.090 Notice to affected agencies and departments. 14.20.100 Review by hearing examiner— Recommendation required. 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. 14.20.120 Preliminary plat—Factors to be considered by city council— Findings—Conditions of approval. 14.20.121 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. 14.20.140 Maintenance bond. 14.20.150 Preliminary plat—Expiration of approval—Extension— Conditions. 14.20.155 Preliminary plats—Offers and agreement to sell lots. 14.20.160 Final plat—Submission for approval required— Copies—Fees. 14.20.170 Final plat—Preparation 14.20.180 Final plat—Conformance with preliminary plat approval. 14.20.130 (Yakima 5-00) 14.20.190 14.20.200 14.20.210 14.20.220 14.20.230 14.20.240 14.20.250 14.20.260 14.20.270 Final plat—Requirements. Final plat approval. Final plat—Recording. Final plat—Alterations, vacations. Final plat—Street vacations. Plat vacation—Requirements for complete application. Plat vacation—Criteria for approval. Plat alteration—Requirements for complete application. Plat alteration—Criteria for approval. 14.20.010 Simultaneous review. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 98-65 § 2 (part), 1998). 14.20.020 Preapplication procedure. A subdivision applicant shall first prepare and submit a preapplication drawing of the proposed subdivision showing the proposed layout of the lots, streets, and utilities. The administrator shall then schedule an informal meeting with the subdivision applicant and the design services team (DST) to review the proposal. Based upon information acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 98-65 § 2 (part), 1998). 556 14.20.030 Subdivision application— Requirements. A. A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning. B. Each subdivision application shall include the following, which shall be necessary for continued process- ing: 1. A written application on a form provided by the office of environmental planning and signed by the land owner, owners, or authorized agent. 2. A current preliminary land title commitment. 3. Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of this title. 4. A nonrefundable application fee according to the current fee schedule adopted by city council. 5. A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and Chapter 6.88 YMC together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 98-65 § 2 (part), 1998). 14.20.040 Preliminary plat preparation. The proposed preliminary plat must be prepared by a land surveyor registered in the state of Washington. (Ord. 98-65 § 2 (part), 1998). 14.20.050 Preliminary plat contents. The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred feet orl arger inches and shall be at least eighteen inches by twenty-four or in size. It shall show: A. All existing lots or parcels included in the proposed subdivision. B. The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat subdivision in Yakima County, including the municipalities of Yakima County. of the C. An accurate and complete legal description proposed subdivision. D. Scale, north arrow, and date. E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets. F. Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the lots within the proposed subdivision and their point(s) of connection with existing services. G. Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land. H. Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature. I. Parcels of land intended or required to be dedicated for streets or other public purposes. J. Contour lines at two foot elevation intervals for slopes less than ten percent and five foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Yakima datum if available. (Ord. 98-65 § 2 (part), 1998). 14.20.030 14.20.060 Determination of complete application. Upon receiving a subdivision application, the admin- istrator shall have twenty-eight days to determine if the application is complete. If the application is not complete, the administrator will notify the applicant of such determina- tion and what is necessary to make the application -complete. Within fourteen days after an applicant has submitted additional necessary information, the administrator shall determine whether or not the application is complete and notify the applicant accordingly. (Ord. 98-65 § 2 (part), 1998). 14.20.070 Open record public hearing date established. When the administrator determines that a complete subdivision application has been submitted, the administrator shall set a date for an open record public hearing on the application before the hearing examiner. The administrator may establish deadlines for submittal of applications prior to regular monthly hearing examiner hearing dates; however, the hearing date shall not be set more than sixty days from the date that an application is determined to be complete. (Ord. 98-65 § 2 (part), 1998). 14.20.070 Notice of open record public hearing. A. The city shall give notice of the open record public hearing before the hearing examiner as follows: 1. By publication of notice at least once not less than ten calendar days prior to the hearing in a newspaper of general circulation within Yakima County and a newspaper of general circulation in the area where the real property to be subdivided is located. 2. At least ten calendar days before the date of the open record public hearing, notice of the hearing shall be sent by first-class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet of either. (1) the land proposed to be subdivided or (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. 3. Additional notice of such hearing shall be given to the board of Yakima County commissioners and the Yakima County planning department upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city of Yakima. 4. Additional notice of such hearing shall be given to the Washington State Department of Highways upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway. 557 (Yaldma 5-00) 14.20.070 B. Each notice required by this section shall in- clude the date, hour, and location of the open record public hearing; a legal description of the proposed subdivision; a map or sketch of the vicinity including the proposed subdivision; a description of the location in non -legal language; and a statement that any decisions on the subdivi- sion application will be based on the record established by the open record public hearing, which shall include written materials timely submitted and oral statements made at the hearing, and that after the record is closed by the hearing examiner, no additional evidence will be considered. (Ord. 98-65 § 2 (part), 1998). 14.20.090 Notice to affected agencies and departments. Upon determining that a subdivision application is complete, the administrator shall, when he or she determines it appropriate to do so, notify the following agencies and departments of the date, hour, and location of the public hearing, together with a copy of the preliminary plat: A. City director of public works; B. City office of code enforcement; C. City office of engineering; D. Yakima County clean air authority; E. Appropriate irrigation district or company; F. Private water company; G. City fire department; H. City police department; I. Yakima Health District; J. Yakima County department of public works; K. Affected school district; L. Local office of the Washington State Department of Ecology; M. Local office of the United States Soil Conservation Service; N. The office of any electrical distribution company servicing the area; O. The office of any telephone company servicing the area; P. The office of any natural gas company servicing the area; Q. Any other affected utility company or special district (Ord_ 98-65 § 2 (part), 1998). 14.20.100 Review by hearing examiner— Recommendation required. A. The hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; (Yakima 5-00) 2. The proposed subdivision must be consistent with the city of Yakima' s comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; 4. As required by Chapter 58.17 RCW, the proposed subdivision must make appropriate provisions for: Public health, safety, and general welfare, Open spaces, Drainage ways, Streets or roads, alleys, and other public ways, a. b. c. e. Transit stops, f. Potable water supplies, irrigation and other water suppliers, g. Sanitary waste disposal, h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; 5. Based upon standards 1 through 4 of this section, a finding that the public use and interest will be served by the approval of this subdivision. B. The bearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten days following the open record public hearing. (Ord. 98-65 § 2 (part), 1998). 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. A. Upon receipt of the recommendation of the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and the hearing examiner' s recommendation. B. The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral com- ments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing conducted by the hearing examiner, the hearing examiner's recommendation, and at the examiner's hearing. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the hearing examiner. Only for good cause shown, as deter - 558 mined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the hearing examiner, (2) remand the matter back to the hearing examiner with appropriate directions, or (3) reverse or modify the hearing examiner's recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the hearing examiner's recommendation to approve or disap- prove the preliminary plat, it may adopt the hearing examiner' s findings, conclusions, and recommendation. If the city council rejects the hearing examiner's recommen- dation, it shall adopt appropriate findings and conclusions. C. A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection. D. Each preliminary plat of a proposed subdivision and any associated dedication shall be appmoroved, disap- proved,por returned to the applicant for r correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in Section 43.21C.030 of the Revised Code of Washington, the ninety -day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 98-65 § 2 (part), 1998). 14.20.120 Preliminary plat—Factors to be considered by city council— Findings--Conditions of approval. A. The city council shall review the proposed subdivi- sion and the recommendations and findings of the hearing examiner. If the council determines that standards of Section 14.20.120 of this title are satisfied, then it shall approve the preliminary plat. If the council determines that the standards of Section 14.20.120 of this title have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat. B. The council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inunda- tion, or swamp conditions. The council may, as the alterna- tive to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary platof a proposed subdivision. No preliminary plat shall be approved by the council covering any land situated in a flood control 14.20.110 zone as provided in Chapter 86.16 of the Revised Code of Washington without the prior written approval of the Washington State Department of Ecology. C. The council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, the council may require a waiver of the right of direct access to any street from any property. D. The council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 98-65 § 2 (part), 1998). 14.20.121 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. A. As an alternative to construction of required im- provements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements. B. The value of the bond or security shall be one hundred ten percent of the estimated cost of the improve- ments. The estimated cost shall be based upon the approved civil engineering design of the required improvements. C. An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city engineer and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing. D. After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivision applicant shall submit the bond or other method of security to the city engineer for final review and approval. (Ord. 98-65 § 2 (part), 1998). 14.20.130 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefore made by the owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, 559 (Yakima 5-00) 14.20.130 shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 98-65 § 2 (part), 1998). 14.20.140 Maintenance bond. A. The subdivision applicant shall file with the city engineer a maintenance bond or propose some other method of security providing for and securing to the city of Yakima the successful operation of required improvements for one year, and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period. B. The amount and conditions of the maintenance bonda or other method of security shall be subject to app by the city engineer and city attorney. (Ord. 98-65 § 2 (part), 1998). 14.20.150 Preliminary plat—Expiration of approval—Extension--Conditions. A. Approval of preliminary plats of proposed subdivi- sions shall expire three years from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. B. The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the hearing examiner' s original recommendation.to this C. Any extension of time granted pursuant section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 98-65 § 2 (part), 1998). 14.20.155 Preliminary plats—Offers and agreement to sell lots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval which is not expressly conditioned on the recording of the final plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permit- ted until the final plat is recorded. (Ord. 98-65 § 2 (part), 1998). 14.20.160 Final plat—Submission for approval required Copies --Fees. A. A final plat of a proposed subdivision may be (Yakima 5-00) submitted for approval by the city council by filing the proposed final plat in the office of environmental planning within three years from the date of approval of the prelimi- nary plat or within the time provided as an extension granted by the city council. B. Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 98-65 § 2 (part), 1998). 14.20.170 Final plat—Preparation. A. Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him. B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW 58.09) as it now exists or is hereafter amended. C. The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision. D. Permanent survey monuments shall be placed at all lot corners and street intersections. (Ord. 98-65 § 2 (part), 1998). 14.20.180 Final plat—Conformance with preliminary plat approval. A proposed final plat must conform to the conditions of preliminary plat approval. The city council may approve a proposed final plat which, because of unforeseen technical or engineering problems, involves minor deevi tions from the preliminary plat. (Ord. 98-65 § 2 (part), 14.20.190 Final plat—Requirements. Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator. A. Date, north arrow and scale. B. Name of the subdivision. C. Accurate and complete legal description of the subdivision on the face of the final plat. D. A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, 560 bearing or deflection angles, and radii, arcs, and central angles of all curves. F. Notation and description of any protective im- provements or dedications required by the city council or otherwise provided. G. Reference to any recorded subdivision or short subdivision adjoining the subdivision. H. Name and right-of-way width of each street or other right-of-way. I. Location, dimensions, and purpose of any ease- ments. 1. Number to identify K. Addresses for each L. Purpose for which lots, are dedicated or resery M. Certificate by the accuracy of the survey and lowing form: I, , a Professional Land Surveyor, do hereby certify that the plat of is based upon an actual survey and subdivision of Section _, Township _, Range , that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat. each lot and block. lot within the plat. sites, other than residential ed. surveyor certifying to the plat in substantially the fol - (Surveyor's signature and seal) N. Acknowledged certificate of free consent execut- ed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantial- ly the same as specified by Section 14.15.080 (1) of this title. O. A statement evidencing irrigation water rights-of- way if the subdivision lies wholly or in part in an irriga- tion district. P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi -private, or public use. Q. The signature of the city engineer or other li- censed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivision appli- cant has either: 1. Completed all improvements in accordance with these regulations and with the action of the city council, or 14.20.190 2. Submitted a bond or other method of security in accordance with the provisions of Section 14.20.150 of this title sufficient to assure completion of all required improvements. R. The signature of the administrator which shall certify that the final plat conforms to the conditions of approval for the preliminary plat of the subdivision. S. A space for the signature of the mayor, whose signature shall evidence the approval of the final plat by the Yakima city council. (Ord. 98-65 § 2 (part), 1998). 14.20.200 Final plat approval. A. Upon receipt of a proposed final plat, the city council shall at its next public meeting set a date for con- sideration of the final plat. Notice of the date, time, and location of the public meeting shall be given to the subdi- vision applicant, surveyor, city engineer, office of envi- ronmental planning, and the Yakima County health offi- cer at least four days prior to the date of the public meet- ing. B. The city council shall review the final plat during the public meeting and shall approve the final plat if the council determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of this title as they existed when the preliminary plat was approved. C. Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evi- dence of city council approval. (Ord. 98-65 § 2 (part), 1998). 14.20.210 Final plat—Recording. All final plats approved by the city council shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. (Ord. 98-65 § 2 (part), 1998). 14.20.220 Final plat—Alterations, vacations. A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of Chapter 58.12 Revised Code of Washington. B. All petitions for plat alterations or vacations shall be submitted on forms provided by the office of environ- mental planning and shall be reviewed by the hearing examiner at an open record public hearing. Yakima Mu- nicipal Code Section 1.43.080(D), delegates to the hear- ing examiner final authority on plat alterations. The final amended plat will be prepared in accordance with the 561 (Yakima 1i-00) 14.20.220 hearing examiner' s decision and submitted to the hearing examiner or his/her designee (director of community and economic development) for signature. (Ord. 98-65 § 2 (part), 1998). 14.20.230 Final plat—Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of Chapter 35.79 Re- vised Code of Washington. B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made there- on to the city council prior to council action. CC. The abutting property owners of anytreet, alley, or other public way proposed to be vacated shall com- pensate the city of Yakima for vacated public right-of- way in accordance with the current city council poli. y* on said compensation. (Ord. 98-65 § 2 (part), *Adopted by Resolution No. D-5630. 14.20.240 Plat vacation—Requirements for complete application. An applicant for a plat vacation shall submitthe fol- lowing items and information: vacation; A. The reasons for the proposed B. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated; covenants C. If the subdivision is subject to any which were filed when the subdivision was approved, and whether the proposed vacation would result in the viola- tion or failure of any such covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate ofr alter the relevant covenants to accomplish the purpose the proposed vacation of the subdivision or portion there- of. D. A copy of the approved plat proposed to be va- cated, together with all plat amendments recorded since the date of the original approval. (Ord. 98-65 § 2 (part), 1998). 14.20.250 Plat vacation --Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat vacations. The hearing examiner's decision may be appealed to the city council. B. Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any por- tion of the land contained in the subdivision was dedicat- ed to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner finds that the public use would not be served by retaining the public interest in such land. (Yuma 11-00) C. Vacation of Streets or Other Public Rights -of - Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street orr other public right-of-way may be vacated contrary to provisions of Chapter 35.70 RCW or the city's street vacation ordinance. D. Easements established by a dedication are proper- ty rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methodsto extin- guish or alter the easement. (Ord. 98-65 § 2 (part), 1998). 14.20.260 Plat alteration—Requirements for complete application. An applicant for a plat alteration shall submit the following: A. Signatures of the majority of those persons hav- ing an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; B. If the subdivision is subject to restrictive cove- nants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall con- tain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate alter the relevant covenants to accomplish the purpose of the alteration of the subdivision oraportion thereof; beC. A copy of the approved p sought vacat- ed, together with all plat amendments recorded. (Ord. 98- 65 § 2 (part), 1998). 14.20.270 Plat alteration—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat alterations. The hearing examiner's decision may be appealed to the city council. B. Criteria for Approval. The plat alteration may be approved or denied after a written determination is made 562 whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remain- ing lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. C. Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or his/her designee (director of commu- nity and economic development) for signature, after which, it shall 562-1 14.20.270 (Yakima 11-00) be filed with the county auditor to become the lawful plat of the property. (Ord. 98-65 § 2 (part), 1998). 563 14.20 070 (Yakima 10-01) 14.25.010 Chapter 14.25 SUBDIVISION—DESIGN REQUIREMENTS Sections: 14.25.010 14.25.020 14.25.030 14.25.040 14.25.050 Conformity to provisions required. Comprehensive plan compliance required. Zoning ordinance compliance re- quired. Lot design. Block design. 14.25.010 Conformity to provisions required. Every subdivision preliminary plat shall conform to the provisions of this chapter and shall thereafter adhere to the requirements of this chapter in the actual physical development of the subdivision. (Ord. 98-65 § 2 (part), 1998). 14.25.020 Comprehensive plan compliance re- quired. e- quired. Every subdivision shall comply with the goals, policies, and standards of the city of Yakima comprehensive plan as it now exists or is hereafter amended. (Ord. 98-65 § 2 (part), 1998). 14.25.030 Zoning ordinance compliance re- quired. Every lot within a subdivision shall comply with the lot size and width requirements of the city of Yakima zoning. ordinance (Ord. 98-65 § 2 (part). 1998). 14.25.040 Lot design. Each lot within a subdivision shall comply with the following design standards and requirements. A. Double frontage lots are permitted only where determined by the council, or the administrator in the case of short subdivisions. to be essential to provide separation of residential lots from major and secondary arterial streets or high-intensity land uses or to overcome specific disadvantages of topography or parcel configuration. When double frontage lots are used, access shall be limited to only one of the fronting streets. B. One lot may front on a private street or be allowed to access a public street by an easement. Otherwise. every lot shall have direct access to and frontage upon a dedicated public street except lots in approved planned developments pursuant to Chapter 14.35 Yakima Municipal Code. Minimum street frontage shall be twenty (Yakima 10-01) feet. Lots intended for residential use should not front upon a major or secondary arterial C. All lots not located in a planned development subdivision shall have a minimum lot width at the building setback line of fife feet. (Ord. 2001-04 § 8. 2001. Ord 98-65 § 2 (part), 1998). 14.25.050 Block design. Blocks shall not be less than two hundred fifty feet nor more than one thousand feet in length as measured along their greatest dimension. Any block over six hundred sixty feet in length may be required to provide for a pedestrian way connecting opposite sides of the block. The pedestrian way shall be dedicated to public use and shall be located as near as possible to the center of the block. (Ord. 98-65 § 2 (part), 1998). 564 Chapter 14.30 SUBDIVISION—IMPROVEMENT REQUIREMENTS Sections: 14.30.010 14.30.020 14.30.060 Conformity to provisions required. Design and engineering plans re- quired. Improvements for unstable soil conditions. 14.30.010 Conformity to provisions required. Every subdivision shall conform to the subdivision improvement requirements of this chapter. (Ord. 98-65 § 2 (part). 1998) 14.30.020 Design and engineering plans re- quired. The subdivision applicant shall submit design and engineering plans to the city engineer for all improvements required pursuant to the provisions of this title. No construction of improvements shall begin before the city engineer has approved the plans according to the provisions of Title 12 YMC. (Ord. 2001-13 § 44, 2001: Ord. 98-65 § 2 (part), 1998). 14.30.060 Improvements for unstable soil conditions. Land which has a slope or slopes of more than twenty percent or has unstable soil conditions shall not be subdi- vided unless the subdivision applicant first furnishes soils data to the city engineer and designs and installs corrective measures to control slides, erosion, drainage, or other similar problems as required and approved by the city engineer (Ord. 98-65 § 2 (part), 1998). 565 14.30.010 (Yakima 10-01) 14.35.010 Sections: 14.35.010 14.35.020 14.35.030 14.35.040 14.35.050 14.35.060 14.35.070 14.35.080 14.35.090 14.35.100 14.35.110 14.35.120 14.35.130 Chapter 14.35 BINDING SITE PLANS Purpose. Authority. Applicability. Application. Determination of complete application. Public notice of binding site plan application. Design services team meeting. Administrative decision. Preliminary approval— Limitations. Final plan approval and recording. Administrative approval of individual lots. Vacation or alteration of a recorded binding site plan. Appeals. 14.35.010 Purpose. The purpose of this chapter is to provide a process for the division of land for the purpose of sale, lease, or transfer of commercial or industrial lots as an alternative to the subdivision process. (Ord. 98-65 § 2 (part). 1998) 14.35.020 Authority. RCVS' 58 17.035 and 50.17 040(4)provide fora binding site plan process as an alternate method of dividing land for commercial or industrial land. (Ord. 98-65 § 2 (part), 1998). 14.35.030 Applicability. This chapter shall apply solely for the sale, lease, or transfer of lots zoned SCC, small convenience center; LCC, large convenience center: CBD, central business district: CBDS, central busuiess district support; M-1, light industrial; and M-2, heavy industrial under the Yakima urban area zoning ordinance, Title 15, YMC. Land use development within binding site plans is governed by YMC 15 04 (Ord. 98-65 § 2 (part), 1998). 14.35.040 Application. - Twenty copies of a preliminary binding site plan shall be submitted to the office of environmental planning together with the application fee set forth by the current fee schedule All site plans must include the following in order to be considered a complete application: (Yakima 10-011 566 A. The proposed site plan, prepared by a licensed architect, engineer, or registered land surveyor, that is of a scale of at least one inch equals one hundred feet. B. All existing and proposed easements and public and/or private roads; all existing structures: elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent; approximate location of all natural features. C. The location, description, and proposed phasing of all facilities proposed to serve the development: 1. Interior and exterior roadway network, 2. Water and sewerage facilities; 3. Stormwater drainage facilities; 4. Sidewalks and streetlights; 5. Fire protection devices with sufficient water storage and flows; 6. Facilities to address compatibility with adjacent dissimilar land uses; 7. Any lot(s) to be created as a part of the original binding site plan. D A current title report covering the entire property included in the site plan. E. Provisions for long-term maintenance with ade- quate financing for areas and facilities under common ownership. (Ord. 98-65 § 2 (part), 1998). 14.35.050 Determination of complete application. Upon receiving an application for a binding site plan, the administrator shall have twenty-eight days to deter- mine if the application is complete Incomplete applica- tions will be returned so that deficiencies may be correct- ed. All re -submissions will be evaluated to determine if a complete application has or has not been re -submitted. (Ord. 98-65 § 2 (part), 1998) 14.35.060 Public notice of binding site plan application. The administrator shall direct that public notice of the proposed binding site plan application be given within ten calendar days of a complete application. This notice shall consist of mailing a notice of application to the owners of all properties within three hundred feet of the exterior boundaries of the proposed binding site plan as such owners are shown on the records of the Yakima County assessor. If the owner of the real property subject to the binding site plan owns another parcel or parcels of real property which lie adjacent to the subject property, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real proper- ty owned by the owner of the real property proposed to be subdivided. (Ord. 98-65 § 2 (part), 1998). 14.35.070 Design services team meeting. To insure that all development requirements are properly addressed, upon receipt of a fully completed binding site plan application, the office of environmental planning shall schedule a design services team meeting and circulate a copy of the plan to all affected agencies together with the time and date of the meeting. This meeting will be sched- uled within twenty days of receipt of a complete application. (Ord. 98-65 § 2 (part), 1998). 1435.080 Administrative decision. The administrator shall review the binding site plan for compliance with the provisions of this chapter and all other land use regulations in effect at the time of submission of a fully completed binding site plan application. If all requirements for approval are met, the administrator shall provide written findings of facts supporting the approval of the preliminary binding site plan and set forth all condi- tions for final binding site plan approval. (Ord. 98-65 § 2 (part), 1998). 14.35.090 Preliminary approval—Limitations. The approval of a preliminary binding site plan by the administrator authorizes the applicant to prepare the final site plan and develop the required improvements and facilities in accordance with the conditions of approval. No sale, lease, or transfer of any lot proposed by the site plan shall occur until a final binding site plan is approved and recorded with the Yakima County auditor. The final site plan shall be submitted within four years of the date of preliminary approval. Final plan approval and recording. (Ord. 98-65 § 2 (part), 1998). 1435.100 Final plan approval and recording. When all conditions of preliminary binding site plan approval are met, the developer shall submit the final bind- ing site plan together with the fee set forth in the adopted fee schedule to the planning department for processing and recording. The final binding site plan must include the following: A. A complete survey of the entire property and the initial lots to be created if any, including the legal descrip- tion, north arrow, scale, surveyor's certificate, etc. B. The acknowledged signatures of all parties having an ownership interest in the property. C. The signature of the city engineer, the administrator, and the county treasurer. D. Auditor's certificate. 14.35.060 E. Written documentation that all requirements for preliminary binding site plan approval are met including the completion of all required infrastructure improvements. Once all the above requirements are met, the planning department shall file the final binding site plan with the county auditor. (Ord. 98-65 § 2 (part), 1998). 1435.110 Administrative approval of individual Lots. Once the final binding site plan is recorded, the creation of individual lot(s) other than lots established by the record- ed binding site plan may be administratively approved through the qualified exemption process set forth in YMC 14.05.150. Once a completed binding site plan exemption application is submitted together with the fee set forth in the adopted fee schedule, it will be reviewed by the planning department and city engineer, and any other agency with jurisdiction for compliance with this chapter. The application must include the following: A. The proposed lot(s) created must be surveyed by a registered land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the property shall sign the exemption application and the survey. B. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan. C. The lot(s) meet the minimum lot size in the zoning district. When the exemption application is approved, the survey containing the above information must be recorded with the county auditor's office prior to the sale, lease, or transfer of any lot. (Ord. 98-65 § 2 (part), 1998). 1435.120 Vacation or alteration of a recorded binding site plan. Whenever any person is interested in the vacation or alteration of a recorded binding site plan, the procedures set forth in Sections 14.35.040 through 14.35.090 contained herein shall be followed, except that this section does not apply to the creation of lots under Section 14.35.100 above, and except that modifications to binding site plans that are determined by the director of community and economic development to be minor, may be reviewed and approved administratively. (Ord. 98-65 § 2 (part), 1998). 567 1435.130 Appeals. Any decision of the administrator may be appealed following the procedures set forth in Sections 14.15.130 through 14.15.190 of this title. (Ord. 98-65 § 2 (part), 1998). (Yakima 5-00) 14.40.010 Chapter 14.40 SUBDIVISION AND SHORT SUBDIVISION ENFORCEMENT PROVISIONS Sections: 14.40.010 14.40.020 14.40.030 14.40.040 14.40.050 14.40.060 14.40.070 Administrative officer. Variances. Building permits restricted. Penalty for violation. Each transfer a separate offense. Violation as nuisance. Remedies preserved. 14.40.010 Administrative officer. The city's director of community and economic develop- ment shall be vested with the administrative duty of inter- preting, coordinating responsibilities, and enforcing the provisions of this title. (Ord. 98-65 § 2 (part), 1998). 14.40.020 Variances. A. Applications for variances from the literal enforce- ment of the terms of this title shall be made in writing and filed by the landowner with the city department of commu- nity and economic development, which application shall specifically state the relief sought and the reasons therefore. The application for variance shall demonstrate all of the following: 1. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area. 2. That literal interpretation of the provisions of this title would deprive the land owner of rights commonly enjoyed by other properties in the same area under the terms of this title. 3. That the special conditions and circumstances do not result from the actions of the applicant. 4. That the special hardship is not self-inflicted. 5. That granting the variance requested will not confer on the applicant any special privilege that is denied by provisions of this title to other lands in the same area. 6. That financial gain is not the ground or grounds for the variance. 7. That the variance will not nullify the intent and purpose of the general plan nor the provisions of this title. B. Such an application shall be considered by the hearing examiner at a public meeting, and the hearing examiner shall make its recommendation to the city council regarding such application. C. On receipt by the city council of the hearing examiner's recommendation, the city council shall consider the application at a public meeting. The city council may (Yakima 5-00) grant such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would work a unique hardship on the applicant. In granting such variance, the city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements concerning which a variance is granted. (Ord. 98-65 § 2 (part), 1998). 14.40.030 Building permits restricted. A. No building permit, utility permit or other develop- ment permit shall be issued for any lot, tract, or parcel of land divided in violation of this title. B. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice of the act or acts constituting the violation. (Ord. 98-65 § 2 (part), 1998). 14.40.040 Penalty for violation. Any person, as defined in Section 14.10.200 of this title, who violates any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not more than two hundred fifty dollars, or by imprisonment in the city jail facility for not more than ninety days, for each such violation. (Ord. 98-65 § 2 (part), 1998). 14.40.050 Each transfer a separate offense. Each sale or lease, offer for sale or lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense. (Ord. 98-65 § 2 (part), 1998). 568 14.40.060 Violation as nuisance. Any development or use of property or any act relating to a sale or lease, offer for sale or lease, or transfer of any lot, tract or parcel of land contrary to the provisions of this title is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the superior court of the state of Washington in and for Yakima County. (Ord. 98-65 § 2 (part), 1998). 14.40.070 Remedies preserved. Nothing in this chapter shall be construed to supersede, impair or otherwise affect any private or public rights and remedies authorized by Chapter 58.17 of the Revised Code of Washington as they now exist or are hereafter amended. (Ord. 98-65 § 2 (part), 1998). Title 15 YAKIMA URBAN AREA ZONING ORDINANCE Chapters: 15.01 Title, Purpose and Jurisdiction 15.02 Definitions 15.03 Zoning Districts 15.04 Permitted Land Uses 15.05 Site Design and Improvement Standards 15.06 Off -Street Parking and Loading 15.07 Sitescreening 15.08 Signs 15.09 Special Development Standards 15.10 Conditions of Approval/Administrative Adjustment of Standards 15.11 General Application Requirements 15.12 Permits 15.13 Class (1) Review 15.14 Class (2) Review 15.15 Class (3) Review 15.16 Appeals 15.17 Modifications to Existing or Approved Uses or Development 15.18 Existing Uses and Development 15.19 Nonconforming Uses and Structures 15.20 Administration 15.21 Variances 15.22 Interpretations 15.23 Amendments and Rezones 15.24 Revocation of Permits or Approvals 15.25 Violations and Enforcement and Administration 15.26 Land Development Fees 15.27 Critical Areas 15.28 Planned Development 15.30 Airport Safety Overlay (ASO) Appendix A 569 (Yakima 10-01) Chapter 15.01 TITLE, PURPOSE AND JURISDICTION Sections: 15.01.010 15.01.020 15.01.030 15.01.040 15.01.050 15.01.060 15.01.070 15.01.080 Title and authority. Jurisdiction. Purpose and intent. Application. Compliance. Conflict of provisions. Severability. Number and gender. 15.01.010 Title and authority. The title codified in Chapters 15.01 to 15.25 of this code, shall be known as the Yakima urban area zoning ordinance. The Yakima urban zoning ordinance is enacted under authority granted to Yakima County and the city of Yakima by Article XI, Section 11, of the Washington State Constitu- tion and Chapter 36.70 of the Revised Code of Washington. (Ord. 2947 § 1 (part), 1986). 15.01.020 Jurisdiction. A. Generally. This title is enacted and administered separately by the city of Yakima and Yakima County for lands and uses within the Yakima urban area. The ordinance adopted and enacted by the city of Yakima applies to all land and uses located within the city limits of the city of Yakima. The ordinance adopted and enacted by the county of Yakima applies to the unincorporated portions of the Yakima urban area. B. Yakima Urban Area Boundary: Official Boundary and Description. For purposes of this title, the Yakima urban area is hereby officially declared to be that area bounded and described: (a) on the official zoning maps adopted in accordance with Section 15.03.040 of this title and (b) in the "Yakima Urban Area Legal Description" codified at the end of this title as Appendix A and hereby adopted by reference and declared to be a part of this title. In cases of conflict between the official zoning maps and the official legal description, the official legal description shall control. C. Existing Ordinance Superceded. The provisions of this title shall be and are hereby declared to supercede and replace all existing and future provisions of Yakima County Code Title 15 within the unincorporated areas of Yakima County located within the Yakima urban area as officially described and adopted in Section 15.01.020(B). The provi- sions of Yakima County Code Title 15 shall, however, continue and remain in full force and effect in the unincor- porated areas of Yakima County located outside the official- ly adopted Yakima urban area. The provisions of this title 15.01.010 shall be and are hereby declared to supersede and replace the existing provisions of Yakima City Code Title 12. D. Terminology. Unless the context clearly implies some other meaning, references to "county/city," "county (city)" or similar terms in this title refer either to the city of Yakima or Yakima County, whichever entity has jurisdic- tion over the particular land use proposal or other item involved or affected. In no event shall such references be construed to require, directly or indirectly, action by both entities or their respective officials or agencies. References to "legislative body," "administrative official," "planning department," "hearing examiner" or other official or agency under this title means those officials or agencies of the city of Yakima or of Yakima County, whichever entity has jurisdiction. (Ord. 2947 § 1 (part), 1986). 15.01.030 Purpose and intent. The purpose of this title is to implement the Yakima urban area comprehensive plan and promote the general health, safety and welfare of present and future inhabitants of the Yakima urban area. These goals are accomplished in many ways including: 1. Achieving public and private land use decisions consistent with the policies and objectives of the Yakima urban area comprehensive plan; 2. Dividing the Yakima urban area into districts according to the use of land and structures and the intensity of such use; 3. Encouraging the location and use of structures and land for commerce, industry and residences in districts where they are compatible with neighboring land uses; 4. Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools can be provided; and limiting development in areas where these facilities are not provided; 5. Securing economy in local governmental expendi- tures; 6. Encouraging innovative site design; 7. Providing for adequate privacy, light, air and view; 8. Promoting development within the Yakima urban area that is cost-effective to build and maintain; 9. Reducing the time required for public review of proposed projects; 10. Protecting existing land uses and property values from adverse impacts of adjoining developments; 11. Reducing traffic danger and congestion on roads and highways; 12. Minimizing public and private losses due to flooding. This title is designed to be flexible and intentionally increases the potential uses or choices available to individual property owners. This flexibility is balanced by procedures and standards based on the Yakima urban area comprehen- 571 15.01.030 sive plan designed to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community's general welfare. Both concepts are essential to this title and declared necessary for the promo- tion of the general health, safety and welfare. Further, this title divides all the land within the unin- corporated portion of the Yakima urban area and the city of Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district's purpose, identifies the general character of the area within the district, and establishes objectives to be achieved by development in the district. Distinctions between each district are signifi- cant and based on the Yakima urban area comprehensive plan. The intent statements serve as a guide to the adminis- tration and interpretation of this title and are declared to be an official statement of legislative finding and purpose. (Ord. 2947 § 1 (part), 1986). 15.01.040 Application. A. Purpose. The purpose of this section is to generally state and summarize the uses and activities concerning land which are regulated by this title and to generally state and outline the manner of their regulation. This section is not intended to control over the more detailed provisions of this title. B. Generally. Uses of lands are regulated by this title. "Uses" includes, by definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any com- bination thereof. (See Section 15.02.020 defining "use," "accessory use," "structure" and "site improvement"). Use also means "development." (See Section 15.02.020). This title regulates such uses in two ways: (1) By specific development standards which must be met (see Chapters 15.05, 15.06, 15.07, 15.08 and 15.09), and (2) by prior review of more significant uses to allow general policies and standards to be applied, to assure compliance with the purpose and intent of this title, and to allow more flexibility of development and use (see Section 15.01.030). Different levels of review (class (1), (2) or (3) review) are established for different categories of uses. The level of review is generally determined by the classification of the principal use involved under the use chart contained in Table 4-1 (see Chapter 15.04). Certain accessory uses are subject to detailed regulations, including home occupations, off- street parking, signs, sitescreening, temporary use permits, swimming pools, communication towers, caretaker residenc- es and yard sales (see Chapters 1.5.04, 15.06, 15.07 and 15.08). Some of the specific development standards are designed to be administratively adjusted upwards or downwards to accommodate the purpose and intent of the zoning district involved and flexibility of development. (See Section 15.10.020). C. New and Existing Uses Regulated. Both uses estab- lished before and after the adoption of this title are regulat- ed, but are treated differently depending on their status under this title. Totally new and different uses and develop- ment are reviewed under class (1), (2) or (3) review and if approved are called "approved uses." Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing uses." Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see Chapter 15.18). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called "nonconforming uses." Such uses are allowed to continue, but are subject to more restrictions (see Chapter 15.19). D. Changes and Alterations to Uses and Development. Changes and alterations to approved, existing, or noncon- forming uses or development are also regulated by this title and are called "modifications." (See Section 15.02.020(117)). Certain nominal modifications to "ap- proved" or "existing" uses are exempt. Other modifications to "approved" or "existing" uses which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in Chapter 15.17. More significant changes to "approved" or "existing" uses and development which do not meet the exemptions or administrative approval criteria of Chapter 15.17 must be reviewed using the normal class (1), (2) or (3) review procedures of this title. Changes and alterations to nonconforming uses are regulated by Chapter 15.19. E. Permits. Except as exempted, no use or development, or modification of use or development, as those terms are defined, may be established, placed, performed, constructed or implemented, in whole or in part, without a permit. The permit required by this title is called a "development permit." Chapters 15.11 and 15.12 contain provisions governing such permits and applications for permits. The following uses and modifications are exempt from prior review and permit requirements; provided, that they do not involve a required site improvement contained in a previously approved final site plan or permit (some exempt uses must still comply with the standards of this title): 1. Normal structural repair and maintenance; 572 2. Changes to conforming structures which do not involve structural alteration as that term is defined by this title; 3. Rehabilitation of dwelling units, when such reha- bilitation does not expand the number of units nor physi- cally expand the structure; 4. Accessory structures otherwise meeting the ots f spe- cific development standards and other req this title and which do not require a building permit under the provisions of the Uniform Building Code as adopted by the city/county; five feet 5. Communication towers lessa- Section in height and which meet the requirements 15.04.130; 6. Exempt signs; 7. Yard sales meeting the requirements of Section 15.04.060; actin leveling, Alterations to land including grading, paving and excavation, the fair market value of which does not exceed five hundred dollars; 9. Sitescreening and landscaping; 10. All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision regulat- ing st- ing such improvements. (Ord. 2947 § 1 (part), 15.01.050 Compliance. No structure, land, or use shall hereafter be construct- ed, erected, maintained, enlarged, altered, repaired, moved, improved, removed, converted, or demolished except as authorized by the terms of this title. (Ord. 2947 § 1 (part), 1986). 15.01.060 Conflict of provisions. In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the county/city, the most restrictive shall govern. In the case of conflicts between the text, maps and tables of the title, the text shall govern unless otherwise stated. (Ord. 2947 § 1 (part), 1986). 15.01.070 Severability. This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title. If any division, chapter, section, paragraph, clause or any portion is ad- judged invalid for any reason as applied to a particular property, use or structure, the application of such portion 15.01.040 of the zoning ordinance to other property, use, r struc- tures shall not be affected. (Ord. 2947 § 1 (part), 1986). 15.01.080 Number and gender. also be Words importing the singular number may applied to the plural of persons and things; words import- ing the plural may also be applied to the singular; words importing the masculine gender may be extended to female; and words importing the feminine gender may be extended to males. (Ord. 2947 § 1 (part), 1986). 573 (Yakima 5-00) 15.02.010 Chapter 15.02 DEFINITIONS Sections: 15.02.010 Purpose. 15.02.020 Definitions. 15.02.010 Purpose. This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict with definitions used in other titles of the coun- ty/city code, the definitions in this chapter shall prevail for the purpose of this title. (Ord. 2947 § 1 (part), 1986). 15.02.020 Definitions. For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be con- strued as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the con- text with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. Webster's Ninth New Collegiate Dictionary, 1983, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specif- ic examples are included as illustrations, but are not intended to restrict a more general definition. A "Access driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Accessory building, structure or use" means a build- ing, structure or use which is ancillary to the operation or enjoyment of a lawful use, and appropriate and subor- dinate to a such lawful use, except, uses otherwise regu- lated or prohibited. "Administrative official" means the duly appointed Yakima County planning director or the director of the city of Yakima department of community and economic development, whichever is appropriate. "Adult day care center" see "day care facility." "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1). "Agricultural building" means a structure designed and constructed to store farm implements or hay, grain, poul- try, livestock, fruit and other agricultural products. Con- (Yaldcna 5-00) trolled atmosphere and cold storage warehouses are not agricultural buildings. An agricultural building shall not be used for human habitation; processing, treating or packaging agricultural products, nor shall it be a place used by the public. "Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and some limited nonfood items. This definition does not include the sale of live- stock. "Agricultural related industry" means specifically: 1. Packaging plants may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essential- ly unaltered. Does not include processing activities, or slaughterhouses, animal reduction yards, and tallow works. 2. Processing plants may include, but are not limit- ed to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants. 3. Storage facilities may include controlled atmo- sphere and cold storage warehouses and warehouses for the storage of processed and/or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural products, excluding livestock, grown on the premises. "Airport operations" means activities, uses, structures and facilities that are located on and necessary to the operation of the Yakima Municipal Airport. These activi- ties and facilities include runways, taxiways, parking ramps and aprons, navigation and radar/radio communica- tion facilities and equipment, safety and emergency facili- ties, and storage and maintenance facilities. Airport operations in the light industrial district (M-1) and central business district support (CBDS) are exempt from the Class (2) review requirement of Section 15.09.020(C) YMC. "Airport industrial" means research, design, fabrication and assembly of aircraft, aircraft parts, and aviation - related products located on the Yakima Municipal Air- port. This use also includes storage and wholesale trade of aviation -related products and air cargo operations and associated storage and processing. Airport industrial uses in the light industrial district (M-1) and central business 574 district support (CBDS) are exempt from the Class (2) review requirement of Section 15.09.020(C) YMC. "Airport commercial" means the retail sale of aviation - related products and services including aircraft service and rental, air passenger services, and air terminal activi- ties including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels and gift shops. Airport commercial uses in the central business district support district (CBDS) are exempt from the Class (2) review requirement of Section 15.09.020(C) YMC. "Alley" means a public thoroughfare or way twenty feet or less in width, which has been dedicated to the city of Yakima or Yakima County for public use. Alleys pro- vide only a secondary means of access to abutting proper- ty. "Amendment" means a change in the wording, con- tent, or substance of this title, or change in the district boundaries on the official zoning map. "Amusement park" means a permanent outdoor Where cili- ty, which may include structures and building there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items, and buildings for shows and entertainment. "Animal clinic/hospital" means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include ken- nels. "Animal husbandry" means the raising of domesticated farm animals when, in the case of Wry cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept. 574-1 15.02.020 (Yakima 5-00) "Appeal" means a request for review of a reviewing official's decision, determination, order or interpretation of any provision of this title. "Applicant" means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. "Application for development" means the application form and all accompanying documents and exhibits required by this title or the responsible official. "Arterial" means a principal or minor arterial as shown in the optimal arterial street plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or rooftine, or in the case of multistory buildings by a common i•., n,.,..(s) %einug/uvvi �a/. "Auction house" means a structure or enclosure where goods and/or livestock is sold by auction. "Automobile service station" see "service station." "Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. B "Bed and breakfast" means a residential structure provid- ing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. "Bingo parlor" see "game room." "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semipermanent basis. Brokerage Offices, Transportation. "Transportation bro- kerage offices" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. "Building" see "structure." "Building area" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. 15.02.020 "Building code" means the Uniform Building Code and related codes as amended and adopted by Yakima Coun- ty/city of Yakima. `Building and enforcement official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. For purposes of this title, "building official" means building and enforcement official. "Building height" is the vertical distance above arefer- ence datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of build- ing: 1. The elevation of the highest adjoining sidewalk or 4;^".--1 pound JW within a five -fool veiwt horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Item 1 above is more than ten feet above lowest finished grade. See Figure 2-1 on the following page. The height of a stepped or terraced building is the maximum height of any segment of the building. 575 (Yakima 1-94) 15.02.020 "Business school" means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting opera- tion. This defmition does not include slaughtering, but does include other accessory uses such as frozen food lockers. C "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facili- ties, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. "Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks. Includes self-service car washes, automated car washes, manned car washes and auto detailing. "Card room" see "game room." "Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner/caretaker. "Center line of right-of-way" means mid -point between the future alignment of the opposite edges of right-of-way. "Certificate of zoning review" means that certificate issued by the planning department stating that the proposed use of the structure or land conforms to the provisions of this title. (Yakima t-94) 576 "Change of use" means a change from one use listed in Table 4-1, Table of Permitted Land Uses, to another use listed in that table. "Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. "City" means the city of Yakima. "Class (1) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are permitted on any site in the district provided district stan- dards are met. The building official shall review Class (1) uses for compliance with the provisions and standards of the district. In some cases Class (1) uses may require review by the administrative official. "Class (2) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. "Class (3) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally incompatible with their neighbors because of their size, emissions, traffic generation or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the hearings examiner when he determines, after holding a public hearing, that difficulties related to compatibility, the provisions of public services, and the Yakima urban area comprehensive plan objectives have been adequately resolved. roved Class Class (1), (2) or (3) Use, Approved. "App (1), (2) or (3) use" means any use or development ap- proved upon completion of Class (1), (2) or (3) review. Class (1), (2) or (3) Use, or Development, Existing. "Existing Class (1), (2) or (3) use or development" means a use or development legally existing or legally estab- lished prior to the effective date of this title, has been or would be classified under Chapter 15.04 of this title as a Class (1), (2) or (3) use in a particular district even though the use has not been through Class (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2) or (3) use with an approved modification under Chap- ter 15.17. "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Commercial services" means technical services and specialized care services such as tattooing, massage parlors, lawn and garden care, delivery services, except as otherwise regulated. tower, pole, mast, "Communication tower"c �b� tango thereof used for whip, or antenna, or any radio or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio service. "Communication tower height" vertical distance abovethe ground the highest point of the communication tower. owned and "Community center" means a facility operated by a public agency or nonprofit corporation; provided, that the principal use of the facility is for public assistance, community improvement, or public assembly. "Community water system" see "water system." "Compatibility" means the characteristics of different uses or development that permit them to be located near each other in harmony. "Comprehensive plan" means the Yakima of area comprehensive plan and anyssupplemental urban adopted under RCW Chapter 36.70, for the Yakima urban area or any portion thereof. "Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, hors- es, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry. 15.02.020 "Condition(s) of approval" means restrictions or re- quirements, imposed by a reviewing official pursuant to authority granted by this title. "Consulting services" see "professional business." "Convalescent or nursing home" means an establish- ment providing nursing, dietary and other personal servic- es to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. "Converted dwelling" means a structure which, due to alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multi -family structures constructed under the provi- sions of this title. "County" means Yakima County. D "Dangerous waste" means those solid wastes designat- ed in Washington Administrative Code, hereafter, "WAC," 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste. "Day" means calendar day. (See Section 15.20.120 for computation of time.) "Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty-four hours a day. This includes family day care homes and day care cen- ters. "Day care center" means a day care facility serving thirteen or more individuals. care home" Day Care Home, Family. "Family day means an in-home day care facility serving one to twelve individuals. "Delicatessen and other specialty food stores" means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five persons. "Desk top publishing" means activity related to the use of computers in order to produce documents for personal use or for other uses. this tide. "Development" means "use" as defined by "Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building/construction permit shall serve as other development permit. If no building/construction 577 (Yakima 5-00) 15.02.020 permit is required, the certificate of zoning review shall serve as the development permit. Development, Planned Residential. "Planned residential development" means, in the residential districts, the coordinated development of a single lot with a number of residential structures and/or dwelling types which are designed to: 1. Maintain the character of the residential neigh- borhood; 2. Provide compatibility between various types of dwelling units, off-street parking and other uses within the site; 3. Share such site amenities as off-street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot. In the commercial districts, "planned residential development" means a mixed use development combining multifamily residential and commercial use(s) into a single coordinated project. "Divide" means any transaction or action, not other- wise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal de- scription of any part of an owner's `land" as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a division of land. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition in- cludes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Driveway," means the private traveled path to a property or through a parking lot for three or more vehi- cles. business "Drugstore" means a store where the primary is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. "Dwelling" means a structure or portion thereof de- signed exclusively for residential purposes. Dwelling, Multiple -Family. "Multiple -family dwelling" means a structure or structures or portion thereof, de- signed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. Dwelling, Single -Family. "Single-family dwelling" means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows: (Yakima 5-00) 1. Site built: Constructed primarily at the occupancy site and permanently affixed to the ground by a founda- tion. 2. Modular home: See "mobile home." 3. Manufactured home: See "manufactured home" and "mobile home." Dwelling, Single -Family Attached. "Single-family at- tached dwelling" means two single-family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two at- tached single-family dwellings. Dwelling, Single -Family Detached. "Detached single-family dwelling" means one dwelling unit located on one lot and not attached to any other dwelling unit. Dwelling, Two -Family. "Two-family dwelling" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This defini- tion includes the term "duplex." "Dwelling unit" means one or more rooms in a dwell- ing for the occupancy of one family and providing com- plete and independent living facilities, including perma- nent provisions of living, sleeping, cooking, eating and sanitation. E "Earthen material" means sand, gravel, rock, aggregate and/or soil. "Environmental review" means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.21C as it now exists or is hereafter amended. F "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeep- ing unit in a dwelling unit. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. "Finding" is a conclusion of fact reached by the re- viewing official in a review process and based on the evidence available therein. "Floodplain (one -hundred -year)" means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. 578 "Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one -foot rise in the water surface elevation of a one -hundred -year flood. "Food preparation" means a business, service or facili- ty dealing with the preparation of foot items for off-site consumption. Includes: confectioneries, catering services, preparation of food items for wholesale. 578-1 15.02.020 (Yakima 5-00) G "Game room" means a commercial facility, or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played. Also, see "meeting hall." Garage, Private. "Private garage" means a building or portion of a building designed to store motor vehicles that are used by the occupants of the site's primary use. Garage, Public. "Public garage" means a building or portion of a building used for equipping, repairing, servic- ing, hiring, selling or storing motor driven vehicles; but excluding private garages. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchan- dise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See Section 15.06.040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition does not include homes of this nature for six or fewer persons, excluding houseparents. H "Halfway house" means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reorient- ed, but who do not need institutional care. "Hazardous materials" means any item listed as hazard- ous by a federal agency or State Department of Ecology or the Yakima County clean air authority. See Section 15.13.020(3). "Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the Dangerous Waste Regulations, WAC Chapter 173-303. 15.02.020 Hazardous Waste, Onsite. "Onsite hazardous waste" means hal=lydous waste treatment and storage facilities which treat and store wastes generated on the same lot. Hazardous Waste, Offsite. "Offsite hazardous waste" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the offsite facilities are located. "Hazardous waste, storage" means the holding of danger- ous waste for a temporary period. Accumulation of danger- ous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Hazardous waste treatment" means the physical, chemi- cal, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recov- ery, amenable for storage, or reduced in value. "Hearing examiner" means that person appointed by the Yakima city council and board of county commissioners. "Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation, except when otherwise prohibited. See Chapter 15.04, Table 4-2. "Home occupation" means the accessory use of a dwell- ing unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home. Home Occupation, Business Administration. "Business administration home occupation" means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services. "Homeowners' association" means a community associa- tion, other than a condominium association, in which individual owners share ownership or maintenance responsi- bilities for open space or facilities. "Hospital" means an institution providing clinical, tempo- rary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. 579 I "ICBO construction table" means that table representing average cost for most buildings produced from the building valuation data published in the Building Standards Magazine by the International Conference of Building Officials. "Impervious surface" means any material which reduces or prevents absorption of stormwater into previously unde- veloped land. (Yakima 1-94) 15.02.020 "Intensity" is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with aparticular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses. "Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. K "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. L "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Land" means a lot or parcel. "Land use" means the manner in which land and struc- tures are used. "Legislative body" means the board of Yakima County commissioners or the Yakima city council, whichever is appropriate. "Loading space" means an off-street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materi- als, and which abuts a street, alley or other appropriate means of access and egress. "Lot" means a division of land (a) having defined bound- aries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office or (b) which is a legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance (Title 14) or the city of Yakima's subdivision ordinance (Title 14). "Lot area" means the total horizontal area within the boundary lines of a lot. (Yakima 1-94) "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. See Figure 2-2. "Lot coverage" means that portion of the lot that is covered by structures, and other impervious surfaces. "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. See Figure 2-3. "Lot, inside or interior" means a lot other than a corner lot. See Figure 2-2. "Lot, flag" means a lot only a narrow portion of which fronts on a public/private road and where access to the public/private road is across that narrow portion. See Figure 2-2. "Lot line, front" means, in the case of an interior lot, the property line separating the lot or parcel from the road or street, other than an alley. "Lot line, interior" means in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line or (b) adjoining common open space. See Figure 2-4. "Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot, the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, and rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. See Figure 2-2. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. See Figure 2-3. 580 M "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development defmition of a manufactured home. Manufactured homes are further classified as follows: 1. Multi -wide: Have a minimum width of not less than seventeen feet as measured at all points perpendicular to the length of the manufactured home; 2. Single -wide: Have a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. "Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the Uniform Building Codes as adopted by the city/county. "Meeting hall" means a private or quasi -private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club type card rooms, Grange Halls, etc. "Mining" means all, or any part of, the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production. "Mixed use development" means use of the land or structure for two or more different uses. "Mobile home" means a dwelling on one or more chassis for towing to the point of use which does not meet applica- ble HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufac- tured homes, commercial coach, recreational vehicles or motor home. "Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (see Section 15.04.110) on the same parcel with another home. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Modification (of use, or development)" means any change or alteration in the occupancy, arrangement, place- ment or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. 15.02.020 "Modular home" means a residential structure which meets the requirements of the Uniform Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site -built home. "Multiple building complex" means a group of structures housing separate businesses which share the same lot, access and/or parking facilities. "Multiple occupancy building" means a single structure housing more than one retail business, office, or commercial venture. N "Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in private and public streets, rights-of-way, and access easements. (See Section 15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.) "Noise" means an intense sound associated with a use and which is a nuisance. "Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present require- ments of the zoning district in which it is located. "Nonconforming structure" means a structure which was lawful prior to the adoption or amendment of this title, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located. "Nonconforming use" means a use of land or structures which was lawfully established and maintained at the effective date of this title, but does not conform to this title for the district in which it is located. "Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related prod- ucts. Nurseries are further classified as follows: 1. Retail nursery: A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. Wholesale nursery: A nursery which raises nursery stock for sale to a retail nursery or other business. 3. Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation 581 (Yakima 1-94) 15.02.020 of plants. This definition does not include private greenhous- es with no commercial sales. 0 "Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. "Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right-of-way of a highway, street or alley. "Open space" means an area of land or water that is substantially free of structures, impervious surfaces and other land -altering activities. "Open space, common" means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. P "Park" means a public or privately owned area with facilities for active or passive recreation by the public. "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. "Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. "Parking lot" means a facility designed to serve parking for five or more motor vehicles. "Parking space" means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked, a parking space. "Party of record" means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal services" means business providing specialized services such as: interior home or business design, shopping services, except as otherwise regulated. (Yakima 1-94) 582 "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility. "Planned development" means any rezone to planned development within the Yakima urban area approved by the board of county commissioners under the provisions of Chapter 15.56 of Yakima County Code and any rezone to planned development approved by the Yakima city council under the provisions of Chapter 12.50 of the Yakima Municipal Code, as they existed on or before the effective date of this title. "Planned residential development" see "development, planned residential." "Planning commission" means the duly constituted regional planning commission for the Yakima urban area. "Planning department" means the Yakima County planning department or the department of community and economic development of the city of Yakima, whichever is appropriate. "Preliminary approval" means the contingent approval by the administrative official in Class (2) review prior to final approval. "Preschool" see "day care center." "Private water system" see "water system, individual." , "Product assemblage" means a business or service involved in assembling products for off-site sales. "Professional business" means a business primiarly engaged in administrative or service related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or providing administrative governmental services. "Property owner(s)" means the legal owner or owners of the property. "Public hearing" means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate. "Public water system" see "water system, public." R "Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to, boats, travel trailers, snowmobiles, gocarts, motorcycles and dunebuggies. "Recycling center" means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. "Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit density. "Restaurant" means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. "Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services. "Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumberyards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though aportion of their business may be to contrac- tors or other business establishments. "Retirement home" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convales- cent or rest homes, hospitals or sanitariums. "Reviewing official" means the building and enforcement official, administrative official, healing examiner, or legisla- tive body, when engaged in any review or approval proce- dure under the provisions of this title. Reviewing official also includes the planning department when engaged in accepting applications or reviewing administrative modifica- tions odifications under Chapter 15.17 of this title. "Rezone" means to change the zoning district classifica- tion of particular lot(s) or parcel(s) of land. "Right-of-way public" means land deeded or dedicated to, or purchased by the city of -Yakima or Yakima County for existing or future public pedestrian or vehicular access. "Road, arterial" means a public road designated as a major/principal arterial, secondary/minor arterial, or collector arterial by the transportation element of the Yakima urban area comprehensive plan. "Road, local access" means a public road not designed as a principal arterial, minor arterial, or collector by Yakima County or the city of Yakima. The primary purpose of - a local access road is to connect property along the local access road with the arterial street system. "Road, minor local access" means a local access road maintained by the city or county that serves eight or fewer lots (including interior and exterior lots) and is not, or is not capable of becoming, a through street. "Road, private" means a road not designed, built, or maintained by Yakima County, the city of Yakima, the Washington State Department of Transportation or any other political subdivision of the state. This definition does not include driveways. Also see the defmition of access easement. 15.02.020 "Road, public" means the physical improvement of the public right-of-way, including, but not limited to, surfacing, curbs, gutters and drainage facilities which is maintained and kept open by the city of Yakima or Yakima County for public vehicular and pedestrian use. S "School" means a structure and accessory facilities in which prescribed courses are taught This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. School, Vocational. "Vocational school" means the commercial use of a structure or land for teaching arts, • crafts, or trades. "Screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields and playgrounds. "Secondhand store" means aretail business selling usesd goods. "Service station" means aretail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. Setback, Front. "Front setback" is the minimum horizon- tal distance measured perpendicularly from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured perpendicularly from the design center- line. When there is no right-of-way, the front setback shall be twenty feet from the front property line. Setback, Side and Rear. "Site and rear setback" is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure. Except that a side setback on a comer lot, along the adjacent right-of-way shall be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the setback shall be measured perpen- dicularly from the design centerline. Sewer System, Regional. "Regional sewer system" means sewer service provided by a municipality or special purpose district. Sewer System, Community. "Community sewer system" means small, self-contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas. 583 (Yakima 1-94) 15.02.020 Sewer System, Individual. "Individual sewer system" means a system designed and constructed on-site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. "Sign" see Chapter 15.08 for a complete listing of sign definitions. "Site improvement" means any structure or other addition to land. Site Improvement, Required. "Required site improve- ment" means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. Site Plan, Detailed. "Detailed site plan" means a general site plan incorporating such additional factors as landscap- ing, drainage, and others as may be specified. Site Plan, General. "General site plan" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s). "Specialty food store/food store, specialty" see "delicates- sen." Standard, Administrative Adjustment Of. "Administrative adjustment of standards" means a change, either an increase or decrease, in one or more of the development standards in Chapters 15.05 through 15.08 of this title in accordance with the provisions of Chapter 15.10. Standard, General. "General standard" means any stan- dard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by a reviewing official during Class (2) or (3) review. Standard, Specific. "Specific standard" means those numerical standards established in Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. "State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105. Storage Facilities, Bulk. "Bulk storage facilities" means either enclosed (see warehouses) or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling yards or vehicle sales lots. Storage Facilities, Commercial. "Commercial storage facilities" means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. (Yakima 1-94) Storage Facilities, Residential Mini -Storage. "Residential mini -storage facilities" means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. Storage, Vehicle. "Vehicle storage" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. Does not include automotive wrecking/dismantling yards or vehicle sales lots. "Street" means public or private road. "Structural alteration" means: (1) Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters; or (2) any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. Structure, Temporary. "Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. "Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty-eight square feet. 584 T "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility except for wrecking yards, storing a vehicle for five or more days shall be considered a "vehicle storage facility." "Travel agency" see "professinal business." U "Urban area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima urban area boundary established in the Yakima urban area planning agreement and adopted in the Yakima urban area comprehensive plan as amended. The boundary and legal description of the Yakima urban area is set forth in Section 15.01.020 of this title. The Yakima urban area is that area where growth is expected to occur to the year 2000 and is the area in which urban level public services can be most economi- cally provided. "Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights, police and fire protection. "Use" means the activity or purpose for which land or structures or combination of land and structures are de- signed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demo- lition of any structure or site improvement and any phys- ical alteration to land itself including any grading, level- ing, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. (2),(3) use. "Use, Class (1), (2), (3)" see Class (1), "Use district" means a portion of the Yakima urban area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space are re- quired and specific lot areas are established, all as set forth and specified in this title. This definition also in- cludes the terms "zone" and "zoning district." "Use, modification of' see "modification of use or development." predominant use "Use, principal" means the primary or p to which a structure, part of a structure, or lot is or may be devoted. "Use, temporary" means a use established under Sec- tion 15.04.100, for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. "Utilities" are those businesses, institutions, or organi- zations which use pipes or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. V "Variance" means a modification of the specific regu- lations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. 15.02.020 "Veterinary clinic" see "animal clinic/hospital. " "Vision triangle" means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motor- ists entering or leaving the intersection. (See Section 15.05.040.) W "Warehouse" means a structure used for the storage of goods and materials. Also see "agricultural building." "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, ex- changed, stored or baled, and places or yards for the storage of salvaged materials and equipment from build- ing demolition and salvaged structural steel materials and equipment, but excluding establishments for the process- ing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and ma- chinery. This definition does not include the processing, storage or disposal of hazardous materials. "Waste water spray field" means an agricultural or otherwise vegetated field which is irrigated with wastewater or treated sewage. May include storage la- goons utilized solely for storing wastewater before spray- ing, but not other wastewater treatment facilities. Ex- cludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter 70.105. Water System, Public. "Public water system" means any system, excluding a system serving only one single- family residence, providing piped water for human con- sumption, as defined and/or regulated under WAC 248- 54. "Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers; to industrial, com- mercial, institutional or professional business users; or to other wholesalers. "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehi- cle wrecker subject to state regulation (RCW Chapter 46.80). 585 Y "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and mea- sured from the property line to the structure. (Yuma 5-00) 15.02.020 "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and mea- sured from the structure to the rear property line. "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. Z "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. "Zoo" means a permanent site or facility having a collection of living animals for public display. (Ord. 98- 60 § 1, 1998; Ord. 98-59 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 93-81 §§ 1-14, 1993; Ord. 3106 §§ 1 — 5, 1988; Ord. 3019 §§ 1 —10, 1987; Ord. 2947 § 1 (part), 1986). (Yakima 5-00) 586 586-1 (Yakima 1-94) FIGURE 2-4 ;NM 40T tiMt 587 15 03.010 Sections: 15.03.010 15.03.020 15.03.030 15.03.040 Chapter 15.03 ZONING DISTRICTS Purpose. Establishment of zoning districts. District intent statements. Map of zoning districts. 15.03.010 Purpose. The following zoning districts are established to protect the public health, safety and general welfare by implementing the goals and policies adopted in the Yakima urban area comprehensive plan. (Ord. 2947 § i (part), 1986) 15.03.020 Establishment of zoning districts. The following zoning districts are hereby established: Residential Districts Suburban Residential District (SR) Single -Family Residential District (R-1) - Two -Family Residential District (R-2) - Multi -Family Residential District (R-3) Commercial Districts - Professional Business District (B-1) - Local Business District (B-2) - Historical Business District (HB) - Small Convenience Center District (SCC) - Large Convenience Center District (LCC) - Central Business District (CBD) - CBD Support (CBDS) Industrial Districts — Light Industrial District (M-1) — Heavy Industrial District (M-2) Overlay Districts - Airport Safety Overlay (ASO) - Floodplain Overlay District (FP) Greenway Overlay District (GD) (Ord. 2001-04 § I , 2001: Ord. 2947 § 1 (part), 1986) (Yakima 10-01) 15.03.030 District intent statements. The district intent statements define the specific purpose of each district. The. shall serve as a guide for determining the appropriate location of uses; help deter- mine appropriate conditions for development: and help the reviewing official interpret the standards and provisions of this title. 1 Suburban Residential District (SR) The intent of the suburban residential district is to provide a variety of residential lifestyles with densities generally ranging. from two units per net residential acre to seven units per net residential acre. The higher densities are permitted when a public water system and the regional sewer system are used, or if these utilities are not available, when commu- nity water and sewer systems are provided. This district is further mtended to a. Limit residential density to one unit or less per net residential acre in areas where flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities, and b Maintain surface and groundwater quality and avoid potential health hazards by limiting residential density to two units or less per net residential acre, in areas where public services will not be provided. and the dwelling units have individual wells and septic tanks; and c Provide the opportunity for suburban residential development. up to three dwelling units per net residential acre. in areas with either public/community water service or a community sewer system; and d. Allow residential development to seven dwelling units per net residential acre in areas with both pub- liccommunity water service and an approved community sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low-density residential development and clusters of higher -density residential development. The minimum lot size in the district varies according to the suitability of the land for development and the provision of urban level services 2 Single -Family Residential District (R -I) The single-family residential district is intended to. a. Establish and preserve residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and b. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer Detached single-family dwellings are the primary use in this district. The district is characterized by forty-five 588 percent lot coverage; access to individual lots by local access streets. Targe front. rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. However, development exceeding seven dwelling units per net residential acre, may be allowed in accordance with Table 4-1 in Chapter 15.04. This higher density development shall be allowed only on those Limited occasions when the reviewing official finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. Public water, sewer and other urban services are generally available throughout the district. 3 Two -Family Residential District (R-2). The purpose of the two-family residential district is to: a. Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district; and b Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. The district is characterized by up to fifty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and large front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net resi- dential acre may be allowed in accordance with Table 4-1 in Chapter 15 04 This higher density development shall be allowed only on those limited occasions when, after Class 3 review. the reviewing official finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. 4 Multi -Family Residential District (R-3). The multi -family residential district is intended to: a. Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; and b. Locate high-density residential development, more than twelve dwelling units per net residential acre, in areas receiving the full range of urban services; and c. Locate high-density residential development near neighborhood shopping facilities; and 15 03.030 d. Locate high-density residential development so that traffic generated by the development does not pass through lower -density residential areas. The district contains a variety of attached or clustered multifamily dwellings. 5 Professional Business District (B-1). The profes- sional business district is intended to. a. Establish and preserve areas for professional offices; and, b Provide a buffer between commercial clusters and residential neighborhoods, and, c. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas. a mix of profes- sional offices and multifamily dwellings are the primary uses in the district. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site since sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and minimize potential nuisances from light, noise and glare Development standards are intended to accommodate a mixture of high-density residential development and office uses. 6 Local Business District (B-2). The purpose of the local business district is to: a. Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b Accommodate small scale commercial uses requiring high visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. 7 Historical Business District (HB). The purpose of the historical business district is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by tradi- tional neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to allow structural expansion, or expansion of the use onto adjoining lots. It is further intended that this district is not to serve as a small convenience center (SCC). Examples of HB uses are: taverns, small grocery stores, laundromats, and other businesses which serve the immediate residential neighborhood. 8 Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to - a. Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and 589 (Yakima 10-01) 15.03.030 b Accommodate small commercial centers, general- ly three to ten acres in size, where most of the commercial uses have located in a coordinated manner around a com- mon parking lot. Small convenience centers serve the day-to-day conve- nience shopping and service needs of the surrounding neighborhood and should be designed to minimize the undesirable impacts of the center on the neighborhood it serves Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being a supermarket and drug store 9. Large Convenience Center District (LCC). The purpose and intent of the large convenience center district is to: a. Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b Accommodate existing clusters ofretail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. New large convenience centers will generally be greater than ten acres in size, and may be permitted when they demonstrate that they will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. 10. Central Business District (CBD). The purpose of the central business district is to preserve the central busi- ness district of the city of Yakima as the region's center of commerce, industry, recreation and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establish- ments, high-density residential development, financial institutions, professional buildings and government offices. 11. CBD Support District (CBDS). The purpose of the CBD support district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near the central business district and along the major arterials leading to the central business district. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. 12. Light Industrial District (M-1). The intent of the light industrial district is to: a. Establish and preserve areas near designated truck routes, freeways and the railroad for light industrial uses; and (Yakima 10-011 b. Direct truck traffic onto designated truck routes and off residential streets. and c. Mmimtze conflicts between uses in the light industrial district and surrounding land uses. The light industrial district provides areas for light manufacturing, processing, research and wholesale trade, storage and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor or fumes that would constitute a nuisance or hazard. 13. Heavy Industrial District (M-2). The intent of the heavy industrial district is to: a. Establish and preserve areas near designated truck routes, freeways and the railroad for heavy industrial uses; and b Direct heavy truck traffic onto designated truck routes and off residential streets; and c Minimize conflicts between heavy industrial uses and surrounding land uses. The heavy industrial district provides areas for manu- facturing, assembling, fabrication, processing, and distri- bution and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor, fumes or smoke that require their protection from en- croachment by incompatible land uses. 14. Airport Safety Overlay (ASO). The airport safety overlay is intended to protect the airspace around state and federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field. In addition to the regulations of the principal use district, the airport safety overlay includes provisions for: a. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future commercial and industrial development; and b Assuring that land uses locating near the airport are compatible with noise and other impacts from the airport operation: 15 Floodplain Overlay District (FP). In addition to the regulations of the principal use district, the floodplain overlay district includes provisions for a. Restricting or prohibiting uses which may cause dangerous increases in erosion, flood heights or flood velocities, b Requiring that uses vulnerable to floods, and facilities which serve such uses, be protected from flood damage at the time of initial construction; c. Controlling the alteration of natural floodplams, stream channels, and natural protective barriers, which help to accommodate or channel floodwaters; d. Controlling filling, grading, dredging, and other development which may increase flood damage; 590 e. Preventing or regulating the construction of flood barriers which will divert floodwaters or which may increase flood hazards in other areas. f Implementing the Yakima County/City shoreline master program. The purpose of the floodplain overlay district is to minimize public and private losses due to flooding. The specific provisions of this district are intended to: a. Protect human life and health, and. b Minimize the expenditure of public money for flood -control projects: and, c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with public money; and, d. Minimize damage to public facilities and utilities such as water lines, sewer lines. and streets. and, e Protect river, creek and stream channels from encroachment so that flood heights and flood damage will not be appreciably increased. and, f Ensure that potential buyers are notified that property is in an area of special flood hazards: and, g. Ensure that those who occupy flood hazard areas assume responsibility for their actions; and, h Implement the National Flood Insurance Program. 16. Greenway Overlay District (GD) The Yakima River greenway plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. In addition to the provisions of the principal use district. the greenway overlay district includes provisions for: a. Making the greenway more attractive and acces- sible to the public, b Assuring development conserves shoreline vege- tation and controls erosion, c Implementing the Yakima County/City shoreline master program and the Yakima River regional greenway plan; d. Limiting development to those activities which are particularly dependent on a location in the greenway; e. Preserving and protecting the fragile natural resources and culturally significant features along the greenway; f. Increasing public access to publicly -owned areas of the greenway where increased use is desirable; g. Protecting public and private properties from the adverse effects of improper development in hazardous shoreline areas, h. Giving preference to uses creating long-term over short-term benefits. (Ord. 2001-04 § 2, 2001; Ord. 95-13 §§ 1, 2, 1995; Ord. 3019 § 11, 1987; Ord. 2947 § 1 (part), 1986) 15 03 030 15.03.040 Map of zoning districts. A. Adoption. Changes, Filing. Replacement. The zoning districts established by this title are defined as shown on the official zoning map for the Yakima urban area. The official zoning map. together with all the ex- planatory material thereon. is adopted by reference and declared to be a part of this title. The official zoning map for the unincorporated portion of the Yakima urban area shall be maintained in the Yakima County planning department. The city of Yakima office of community and economic development shall maintain the official zoning map for that portion of the Yakima urban area within the Yakima city limits. Each official zoning map shall be identified by the signatures of the legislative body having jurisdiction and the date of adoption. The official zoning map maintained by the county/city shall be the final authority as to the current zoning status of land. Any changes in the district boundaries established by this title shall be made in accordance with the provisions of this title. The official zoning map shall be promptly changed after the amendment has been approved by the legislative body with jurisdiction. No changes of any kind shall be made on the official zoning map except in conformance with the procedures of this title Any unauthorized change by any person(s) shall be considered a violation of this title and punishable as provided under Chapter 15.25. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the legislative body may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. B. Basis for Mapping the Floodplain District, Warn- ing and Disclaimer of Liability The floodplain overlay district shall be that area within the one -hundred -year floodplain shown in zones A—A30 of the federal flood insurance rate maps for the city and county. Consult the flood insurance rate maps for the location of the overlay district. This title does not imply that land outside the floodplain district (areas of special flood hazards) or uses permitted within the district will be free from flooding or flood damages Larger floods can and will occur on rare occa- sions. Flood heights may be increased by man-made or natural causes. This title shall not create liability on the part of county/city or any officer or employee thereof, or 591 (Yakima 10.01) 15.03.040 the Federal Insurance Administration, for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder. (Ord. 2947 § 1 (part). 1986) (Yakima 10-01) 592 Chapter 15.04 PERMITTED LAND USES Sections: 15.04.010 Purpose. 15.04.020 Land use classification system. 15.04.030 Table of permitted land uses. 15.04.040 Unclassified uses. 15.04.050 Accessory uses. 15.04.055 Drive-thru facilities. 15.04.060 Yard sales. 15.04.070 Caretaker dwellings. 15.04.080 Swimming pools. 15.04.090 Home occupations. 15.04.100 Temporary use permits. 15.04.110 Temporary hardship unit permits. 15.04.115 Standards for mobile/ manufactured home parks. 15.04.120 Placement of mobile/ manufactured homes in residential districts. 15.04.125 Placement of manufactured modular nonresidential structures. 15.04.130 Placement of communication towers. 15.04.010 Purpose. For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site, and other land uses that, regardless of site design. are not consistent with the intent or character of the district. The purpose of this chapter is to establish the degree to wh' ch each land use is permitted in each district and establish the appropriate level of review for each land use in terms of the specific standards and requirements of each district. (Ord. 2947 § 1 (part), 1986) 15.04.020 Land use classification system. Land uses within each zoning district shall be classi- fied into four principal categoriesues not follows. 1. Class (1). Class (1) requiring Class (2) review are permitted; provided. that district standards are met. The building official shall use the procedures in Chapter 15.13 to review Class (1) uses and associated site improvements for compliance with the provisions and 15 04 010 standards of the zoning district in which they are located Class (1) uses require Class (2) review when. a. A11 or part of the development, except for agri- cultural buildings and single-family dwellings, and du- plexes is in the floodplain or greenway overlay dismcts. or b All or part of a planned residential development, mobile home park or multifamily dwelling is in the airport overlay district; or c The proposed use includes hazardous materials. or d. The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15 10.020. 2 Class (2). Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be deter- mined in advance and occasionally a Class (2) use may be incompatible at a particular location. Therefore. Class (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima urban area comprehensive plan. The adminis- trative official may approve, deny, or impose conditions on the proposed use and site improvements. The procedures in Chapter 15.14 shall be used to review and evaluate Class (2) uses. 3. Class (3). Class (3) uses are generally not permit- ted in a particular district, but may be allowed by the hearing examiner after Class (3) review and public hear- ing. The hearing examiner may approve, deny, or impose conditions on, the proposed use and site improvements to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima urban area comprehensive plan. The procedures in Chapter 15 15 shall be used to review and evaluate Class (3) uses. 4 Uses Not Permitted. Uses listed in Table 4-1 and not classified subsections 1, 2 or 3 of this section in a particular district. are not permitted in that district. When two or more uses are proposed in the same project, the entire project shall be subject to the level of review required by the highest classified use, Class (3) uses being higher than Class (2), and Class (2) uses being higher than Class (1). (Ord. 3019 § 12, 1975; Ord. 2947 § 1 (part), 1986). 15.04.030 Table of permitted land uses. Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land 3 e e listed use fdrin Table 4-1 is designated a Class (1), (2) ( ) particular zoning district. In addition, some Class (1) uses may require Class (2) review in accordance with Section 593 (Yakima 10-01) 15.04 030 15.04.020(A). All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title (Yakima 10-01) 594 Table 4-1, Permitted Land Uses AGRICULTURAL iCOMMERC1ALl Sot n Residential 81 It2 R3 T4 iI 81 e2 H9 0 i5 a n m J Historic Business SR R1 R2 -7.13-1—T-11 B2 H1i SCC LOC CBD CBDS MI M2 e v tu C G. 14. m 0 0 U U SCC LCD AGRICULTURAL (COMMERCIAL) tO D Light Industrial 1esvy Industrial! CBD Agriculture, Horticulture, General Farming (not leedluts and StockyerdsL Agricultural Sullding 1') Agricultural Chemical Salsa/Aroma Agricultural Markel I') Agricultural Stand I')1 2 Agricultural iterated Ilndu:trees rj _ r 3 A Animal Husband iSao Section 15,09.09111 Concentrated Feeding 4(reration ('1 3 1 CBDS Mi M2 1 3 Florio) Lure. Aquaculture fruit Bin Safes ! Storage AMUSEMENT AND FIECFIEATION Aprusement Park iPermanent)-I9 -_ Bowling Altars _ Campground (•i AMUSEMENT AND RECREATION t �.. i Drive in Theatres Falrgtoundi Game Rooms, CerdRoams, Electronic Gama Rooms 3 3 3 Golf Cowen. Clubhouses. golf drivitr9 ranges 3 I 3 2 • _� Gymneaiume, Exercise Facilities 1 _---� 2 2 2 Horse Reaing Tracks, $PeedvvayS _ T Miniature Goll Cduraea 2 2 1 1 3 2 Movie Theatres, Auditoriums Exhibition Vella Parks {•] Roller Skating Rink COMMUNITY SERVICES Cemetery Churches. synagonuea, temples (•I 2 2 2' COMMUNITY SERVICES �2 1/40 rn 1) (Yakima 10-01) . SS Rt R2 113 - I B 1 B2 HB SCC LCC COO CMDS MI .- M2 ` COMMUNITY SERVICES Ionntinumdl COMMUNITY SERVICES {con inued} 1 Community Center 141 meeting halla, fraternal 3 2 2 2 2 2 2 2 1 1 1 1 organizations 2 — } — 1 3 3_ 3 2 2 2 r^ Cartvalescent, nursing home and grouetomas('i t Day Cara Facilities (not home occupsilon]: Family In- ' 1 2 1 1 2 2 2 x 1 1 Home (91 w ._ 1 1 13 1 Care Center ('1 3 3 3 2 2 1 2 1 DtrY 2 2 1 1 _- Funeral Hones2 3 1 1 t 1 3 3 3 3 2 2 1 1 Pollee, Fire Stations, ambulance sorvice 3 3 3 3 3 3 , lfynicall4)3 3 3 Facilities 3 3 2 Correction --- Community Collage 3 3 3 3 3 ? .2 ? 1 1 Junior w 3 3 3 2 1 2 1 1 1 t Libraries 3 3 2 1 2 1 1 1 1 1 h.Uumcvms, art, isharlLI - 3 1 3 3 •Schootl, Elementary & Middle g'I 3 3 3 3 3 3 3 3 Senior III ' 3 3 3 _ 3 3 2 2 1 1 3 Business school 1'1 32 3 3 3 2 2 - " 1 1 3 Vocational Schools Storage of gravel end equlpment for street 2 2 2 1 1 1 1 1 1 1 1 1 I constuvion 3 3 3 Wastewater S.ro WWI 3 3 g 3' y 3 3 3 Zoo' 3 3 3 3 - MANUFACTURING - i MANUFACTURING - _ �—_ Aircraft parts _ 1 1 " " --_ _ 1 ;Aircraft Indosttinl 19 ��___f--.- - -.• •y- -�-- —�� 3 1 Apparel and pctessorlea 3 3 2 Y 1 1 Bakes .redacts lwholeaalei 2 2 1 1 Industry - • - Beverage — Canning, Prgserving And. packaging fruits --- 1 1 vegetables and other foods 3 1 Concrete - • - - 1 Convent and planta 3 -1 a tI ustdal, agriculturol wood, arca ___ 1 _Chert Donotate, gypavro and piaster producca 1 1 1 Confocti000ry and related prodtrcts_IW_hotesete] hardware � I I 1 Cutle . hand fuels and p_eneral 1 1 Product assembly "—} 1 1 _ 1 i Druce11111 Electrical transmission end dtstdbutlon equipment --- -- 1 1 Electronic components and accesserfoa - "' 2 1 1 ^ - "� - Product entomb - 1/40 rn 1) (Yakima 10-01) INN shops Street metal and , Stone prodncis 4Includes finishing of monuments (or retail salol Transportation equipment, including yellers and ca pre SR MANUFACTURING (continutd) Engineering, medical, optical, dental and scientific insrrumaq� Product assembly t~abrieeted structural mCtal produces -Food,protessing. Furniture and custom cabinet shops product assembly _ Glaris potter and roiated .roductS Product assembly Grain mill gaoducts Lt -loafing apparatus Wood staves Leather oducls- Loather tannin ji and tinishing Machirtor and lui.ment R1 R2 R9 B1 $2 HEI SCC LCC MANUFACTURING (continuadt Ct3D CBDS M2 MI - Most, 'uitr and dais educts Me al cans Paints, varnishes, lacquers, enamels and allied roducis Paperboard containers and boxes Planned Development, Industrial -1'1 Plastic products Product asramt3ly Prefabricated structural wood ,roducta and conwirters Pintin. .ubtisbinbIndln Printfn ! trade taetvics industriosl RenderinIaale,MAUhies houses Rubber roducis Sawmills and teal r milts weldin Woodwoeking: Cabinets. Sfiotves, etc, MINING 1 REFINING ! OFFSITE HAZARDOUS WASTE TREA?MENT Asphalt avis_.1 rocflrpg materiels. rock crushing Mining inch iding send and gravvi Pita { •1 Stockpiling of darihen materials 3 3 1 2 7 2 2 1 3 1 2 1 3 1 t 1 1 3 3 11 •it 3 2 1 1 3 1 1 3 3 2 1 MINING 1 REFINING / OFFS1TE HAZARDOUS WASTE TREATMENT 3 2 2 3 3 3 (Yakima 10-01) N rn 1 (Yakima 10-01) SR 111 R2 R3— 81 82 lig SCC ICC CBD I CMS MI -1+ M2 MINING / REFINING / OFFS1TE HAZARDOUS WASTE 'TREATMENT {continued) OFFS1TE HAZARDOUS ''VINNING / REFINING WASTE 1 TREATMENT 1contintledl� Ofisito Iiaia-dovs WOWTreatment and Storage i 3 3 3 F}cilltIaa j , RESIDENTIAL RESIDENTIAL (Accessary uses, sae 15.040.0501 Detached single Welly dwatllne 1'I 1- 1 1 t 1 1 2 2 2 1 1� 2 2 2 1 1 2 •2 2 1 1 Detached sinp1a family dwelling )aero lot line) I'1 2 1 I Attached single family dwolnnpt9, common wenchr_. 2 a 1 1 1 1 2 2 2 Two family dwetiing iduplex) ('} 2 2 ^1 1 1 1 2 2 2 1 11 1 ConVCrtdd OweII ng {�} 2 2 2 2 2 2 2 2 2 3 2 1 1 1 1 2 1 2 1 1 Multi -family dwelling 4'1: 0,7 DU/NRA 2 11 8-12 DU/NRA 3 2 1 1 1 2 2 la -a OUttdRA 3 1 1 1 2 2 2 1 1 flavalopntant, Residential 3 3 3 3 3 3 Planned home t' 3 3 2 2 2— Moble parks manufactured homes l') see section 15.04.120 Mobile home {'} or 3 3 2 1 1 2 2 1 2 Boarding )louse t'1 - 2--_ 3 3 2 2 ousl•1 Retirement hm 2 2 2 2 Temporary; hardship urtlt.s )Bee 15.04.1 101 2 2 2 2 2 2 2 _. RETAIL TRADE, AND SERVICE RETAIL TRADE,, AND SERVICE Mailing, and Steno phic Services 1 1 2 1 1 Addressing, Agencies 1 1 2 1 1 1 18. Advertising l'1. t 2 irp. t Commarctal Animal Clinicf Hospital I"1 3 2 2 2 1 1 1 2 Slores -- -— 2 2 1 2 1 1 1 13 1 1 1 1 12 cAntlgv9 Supplies 1 Artist's 3 I 3 3 3 2 2 Auction NOV3el'I Automobile. Truck, Monufactatred Henna Sates J •2 '-" —"— 1 1 1 Si Trottel Troller yink nd Automoha and Rereational Vel.„.. 1 t 1 1 1 2 Car 2 utomotive: wash Late & Garages 2 1. 1 1 1 1 1 regIclog Maintanence & Ra. ,it Sho 1 s . —.. - - 2 1 .. ,1 1 1 2 2 Paint & Body Fepair Shops -- _ 2-- 3 1 1 1 1!' 2 Parte & Accessories {Tisa, Batteries, ete,I 2 2 1 1 1 2 Spaclatite4 Repair Shope (Radiator, etc.) 2 2 1 1 I 1 2 Towlna Services 2 3 1 1 1 2 i 2 1 (Yakima 10-01) SR 111 RETAIL TRADE, AND SERVICE {continued) Automotive;wreckinyard{') Bakery Bsaut • Barber Shops Red a Breakfast Inn Boats ZA Marine Accessories pooke, Stationery_, Office Suppfivs Building and Trade fem. Plumbing, Heating, Electrical, PaiirtIng. etc.}„ Butcher Shoff — ii en Ciera Store Candy Store _ Clothing & AcOosaorles Cain & Stamp Shoji Ccmmcrt*al Services Communication Towers['} uter & Electronic Stores Cann Dapcateasonl'l Department, Oiscoint, Varity,Storas _ Drug 6lore11'1 {Optical goods, Orthopedic $upplieal Employment agencies {private) Fabric Store Ferro 6r Implements, Tools 6, Heavy Construction Equlpmant Farm Supplies Financial Institutions Florist R2 113 ©l 1;2 HB SCC LCC RETAIL TRADE, AND SERVICE (continued} CBD CADS MI M2 "--1 i 1.1.11111.11111.1 x 1 1121PI 1 1 1 2 NM t �� ���._3 Eal ���$4e Section 15,04.130 3 t 2 JJ! WE z 1 1 1 2 Food store. spovialt Fuel oil and coat dlsiributora Furniture. home furnlshln s s• •stances General hardware. gander{ Gilt Shopt'l GrooerY /Convenience stare vlO 10:00 WTI. to 6:00a_m. _ open 10:OOp.m. to 0:00 0,m. Heeling endpi_umbing equipment scares Heavy equipment storage, rri rttenenco sold repair Inaurencfl agents. broke'E< and service stands$ equipment and suonks r � 1 MIME 3 7 1 3 Z � � 2 • (Yakima 10-01) 0 cr. SR RETAIL TRADE ANO SERVICE (continued) silverware sales an R1 d re•a!r == Laundries, laundromati and dry cleanln. •lents JowafrV, watches, Li uor Stores Lumber aids Medical and denial laborato , offices and clinic Motels and Hotels Motorcycles tribal repair (including maintenance) Music stores Outdoor advertisln, tbIilboard51 Paint, .lass and wall a•er stores Pet stores, pat supplies. and dor rroom' Plinth% hotocoiwsorVico Professional oflice buildings for architects, attorneys, ovemment etc. Radio t T -V. Studio Planned Daveto ant, Ccmmetclai ("1 Real estate. offices Rag lin i cantor 1'1 Rental:Auto. truck, trailer. fleet leaafn services Heav 9 uspment roue •t°'ativMachlnos Repair's: Small Appliances, TV's, yrs Watches, etc Locksmiths and Gunsmith Re -u• elate and Furniture Small En • Ino and Garden E ul • ment Restaurant. Cafe and Drive -In Eatln.' Facilities(*) Second Hand Store( •1 Service Station I'1 closed between 10:00 p.m. and 6:00 a.m. {'] o • on between 10:00 • ,m. and 8:00 am, 1'1 Shoo Re air and Shoe Shine Str4•s Shoots , Ran ea pndaoti Small Tools, Eowntt3arden Equipment, etc. S • ,rtin i Goods, Bic le She Tevarnsl'I,Bars, Dance Establishments Technical E • uI • ant Sales To and hob • Store 113"' 61 gla RETAIL TRADE. AND SERVICE {continued} 1 ' ONA*171 -�- -- .rte � *As t 1 1 1 r See Section 15.48.130 1 _� mEno--"mmignm mm liman2 �� 1 1 2MEMWRIMEWNIT Mr�� 1 r M 2 rrrrrrrr Z - n 3 2 ��__ r_rrrOM, 0 1 sui 3rdiOria*ni1 pr 1 ; ®Mair 32001 r E tRIMOgntldial _ 3 SCC CODS MI M2 INN 1111111111i - 3 3 1_ Sae 'action 15.04.026.14$ d) sloe()C[es■ [1} uses may enquire Claire f 2 review under oahaln cprdilfuns. 2, A 1a[gher feere oI review will be !required II the use or development la In an artillery dietrlct, see o'cllan 16.09 02G. 3, ['looters to' definition in stledon 14.62• 'Wristlet o1 drooling unlit per net residential etre eatet,llehed In Table 6-2. 4, Melilla how pocks end not aiceed the wardroom 6. Otf'Ita hazardous wester treatment and storage facilleus shell be eubJect to the cJtate Biting crllatlII adopted in Chapter 74.105 RCW. 1. Clint 111Permitted 2 . (Voss 421 Revlow and Approval by Administrative officio' 3 . Cfossl$1 tiequIres Public )searing and Approve) by Examiner .Not permitted (Yakima 10-01) C> kr) SR 11t R2 f13 81 82 Iib SCC LCC CBOT [CBDS 1 MI NL2 f. RETAIL TRADE. A4ID SERVICE [continued) _ RETA1t- TRADE, AND SERVICE (continued) 9 1 1 Stallone Shipsips j 1 3 Truck SOtvAG° and ps 2 1 2 1 1 Video Sales/ Rental _ T-- 3 3 1 Material Prbcassinr and Junk-andtinr I') Waste TRANSPORTATIONTRANSPORTATION _ 1 sus fat min al s, storage end mainterieoCB facllitios Tfansportation brdkr,rage 1') offices; without truck 1 1 1 1 1 t 1 i parking 2 With truck petklnq 1 _ 2 6au11nt1, rental of trucks with drivers ..� Contrast truck Alr, reit, truck terminale {tor short term storage, of fico, 2 1 1 etc. Railroad Switch yards, mainteDemee PO repair 1 1 1acililie% etc. .-.— 1 3 Taxicab terminals, maintenance and dlapatch4ig 3 1 1 centers. etc. - 1 1 Apart lending field — ' 1 Airport Oporatlonaf•I _ _ UTILITIES UTILITIES 3 1 _ Power eneratln fecillllea 3gill 3 3 3 3 a 1 1 t Utility air rvtcvs iaubstations. etc,) TRADE -STORAGE 3 3 WHOLESALE TRADE -STORAGE 1 WHOLESALE 3 1 2 1 1 Wushouse9 1'1 2 1 13 l 1 Whoiosate trade _. - — — 1 Storage facilities. bulk 1"1 3 2 2 1 1 �1 commerclel1'1 3 �3 3 a 2 1 I .Lrwntlat mini-storBOO ._ a 3 3 I 1_ Sae 'action 15.04.026.14$ d) sloe()C[es■ [1} uses may enquire Claire f 2 review under oahaln cprdilfuns. 2, A 1a[gher feere oI review will be !required II the use or development la In an artillery dietrlct, see o'cllan 16.09 02G. 3, ['looters to' definition in stledon 14.62• 'Wristlet o1 drooling unlit per net residential etre eatet,llehed In Table 6-2. 4, Melilla how pocks end not aiceed the wardroom 6. Otf'Ita hazardous wester treatment and storage facilleus shell be eubJect to the cJtate Biting crllatlII adopted in Chapter 74.105 RCW. 1. Clint 111Permitted 2 . (Voss 421 Revlow and Approval by Administrative officio' 3 . Cfossl$1 tiequIres Public )searing and Approve) by Examiner .Not permitted (Yakima 10-01) C> kr) 15.04.040 Unclassified uses. Any use not listed in Table 4-1 is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use. The hearing examiner shall follow the provisions of Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. (Ord. 2947 § 1 (part), 1986). 15.04.050 Accessory uses. A. Generally. An accessory use is a use customarily incidental and subordinate to upon compliance with use of a structure or site. Accessory uses are permittedpo the terms and provisions of this title. They must be clearly secondary to, supportive of, and must be compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified. B. On -Site Hazardous Waste Treatment and Storage. Outside hazardous waste treatment and storage is permitted as an accessory use in the SR, B-1, B-2, SCC, LCC, CBD, CBDS, M-1 and M-2 districts, subject to the state siting criteria in the Washington Administrative Code adopted pursuant to the requirements of RCW Chapter 70.105. C. Garages. Private garages are permitted as an accesso- ry use; provided, that in residential districts they are primari- ly used to store motor vehicles that are used by the occu- pants of the primary site use. D. Pets. Pets are permitted as an accessory use provided that in residential districts they are subject to the following restrictions (see definition of "kennel"): 1. They are a domesticated animal kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats except such as to constitute a kennel; 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner. (Ord. 93-81 § 17, 1993: Ord. 3106 § 7, 1988: Ord. 2947 § 1 (part), 1986). 15.04.055 Drive-thru facilities. A. Review Required. Any commercial use having a drive-thru service window or booth shall require one higher level of review than shown in Table 4-1, except: 1. Those noted as Class (3) review which will remain Class (3) review; and 2. Financial institutions or properties that do not abut residential zones. Such drive-thru facilities mean a window 15.04.040 or station for providing service to customers who remain in their vehicle to conduct a business transaction, excluding gas stations and car washes. B. Purpose. Such review is required in recognition of the potential impacts of drive-thru uses on adjoining residential uses and arterial systems. C. Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential uses and arterial systems. It shall include consideration of impacts of noise and fumes to residential uses; of impacts to traffic flow and carrying capacity to arterial system. (Ord. 93-81 § 18, 1993). 15.04.060 Yard sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met: 1. Only two yard sales per dwelling unit per year shall be allowed; and 2. Each yard sale shall not exceed three days in dura- tion. (Ord. 2947 § 1 (part), 1986). 15.04.070 Caretaker dwellings. Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory uses in the CBDS, M-1 and M-2 districts. Caretaker dwell- ings or shelters are also permitted in the B2, SCC, LCC and CBD districts when the dwelling is located within the structure used for the principal use. (Ord. 3019 § 14, 1987: Ord. 2947 § 1 (part), 1986). 15.04.080 Swimming pools. Swimming pools are permitted as an accessory use to: dwellings, hotel/motels, boardinghouses, retirement homes, and other residential uses; schools, and recreational facilities when all of the following provisions are met: 1. Setbacks. a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard setback in Table 5-1. b. Side and rear yard: The swimming pool and pumphouse are set back at least three feet from the property line. The swimming pool apron may extend up to the property line. c. From an easement: The swimming pool, apron, and pumphouse may extend up to, but shall not encroach upon, an easement. 2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height. (Ord. 2947 § 1 (part), 1986). 601 (Yakima 1-94) 15.04.090 15.04.090 Home occupations. A. Purpose. The conduct of business within a property may be permitted in the residential districts under the provisions of this section. It is the intent of this section to: 1. Insure the compatibility of home occupations with other uses permitted in the residential districts; and, 2. Maintain and preserve the character of residential neighborhoods; and, 3. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses. B. Table of Permitted Home Occupations. Table 4-2 titled "Permitted Home Occupations" is incorporated as a part of this section. Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of Section 15.04.090(C) and the applicable review procedures of Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in Section 15.04.090(G). 602 (Yakima 1-94) TABLE 42 TABLE OF PERMITTED HOME OCCUPATIONS NOTES: 1. (') Refers to definition n Chapter 15.02. 603 15.04.090 (Yakima 1-94) Class (1) Permitted Home Occupations Class (2) Requires Review and Approval by the Administrative official Cl Hearing 3 ReWres is Hearing and Approval by thedxamNot Permitted SUBURBAN RESIDFNTIAL N + + N N + N N + + + + SINGLE -FAMILY a RESIDENTIAL TWO-FAMILY a N + + N N + + N + + + + RESIDENTIAL N MULTIFAMILY w RESIDENTIAL .1 + N N PROFESSIONAL 1 2 3 Accountant ArcMect Artist, author, arts and crafts Anomey Barbershop, beauty parlor Bed and breakfast' Business Admtnstration Cabinet, mill work, carpentry wont Catering Service Ceramics and sculpting Composer Daycare, Family Home' Dentist Dog Grooming z 3 u ' o Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Food Preparation, 1 2 1 1 1 Home inswcIon' 1 -5 Students 1 1 1 1 1 6- 8 Students 2— 2 2 2 2 Insurance Agent 1 1 1 1 Locksmth 1 2 2 1 1 Photographer (not including productions studio) 1 2 2 2 Physician 1 2 2 2 Product Assemblage' 1 2 2 2 1 Music Teacher 1 1 1 1 Production of small mules by hand without the use of automated or production fine equipment 1 2 2 2 Rada, Television and Small Appliance Repair 2 2 2 2 Real Estate Agent 1 1 1 1 Seaetarial, Phone Answering, Desk Top Pubfslang Service • 1 1 1 1 Small Engine Repair 2 Wedding Service 2 2 2 2 2 Unclassified Home Occt>patens: See Section 15.04.090.6 NOTES: 1. (') Refers to definition n Chapter 15.02. 603 15.04.090 (Yakima 1-94) 15.04.090 C. Necessary Conditions. Home occupations are permit- ted as an accessory use to the residential use of a property only when all the following conditions are met: 1. The home occupation is conducted inside a structure within property on which is established the primary resi- dence of the practitioner(s); 2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3. There are no external alterations to the building which changes its character from a dwelling; a. The portion of the structure, or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 4. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors; 5. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; 6. There is no outside storage or display of any kind related to the home occupation; 7. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 8. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residen- tial use; 9. The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood. 10. A business license is purchased where required; 11. The home occupation is conducted only by immedi- ate family members residing in the dwelling. 12. All stock in trade kept for sale on the premises is produced on-site by hand without the use of automated or production line equipment. In granting approval for a home occupation, the reviewing official may attach additional conditions to insure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title. D. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g. John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated. E. Application, Fee, and Review Period. Application for a home occupation shall be made in accordance with the provisions of Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. 1. The administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations. F. Unclassified Home Occupation — Review by the Hearing Examiner. Home occupations not listed in Table 4-2 and subsection (g) of this section shall be reviewed by the hearing examiner in accordance with the provisions of Chapter 15.22. Provided, any unclassified home occupa- tion permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use. G. Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations: 1. Auto repair, 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary clinic or hospital; 5. Painting of vehicles, trailers or boats; 6. I urge appliance repair including stoves, refrigerators, washers and dryers; 7. Upholstering; 8. Machine and sheet metal shops; 9. Martial arts school; 10. Taxidermist; 11. Two-way radio and mobile telephone system sales and service; 12. Vehicle sign painting (except for the application of decals). H. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the reviewing official finds that either the application or record fail to establish compliance with the provisions of this chapter. When any application is denied, the reviewing officer shall state the specific reasons, and shall cite the specific provisions and sections of this title on which the denial is based. I. Parking. The administrative official shall determine parking requirements for home occupations, as provided by Section 15.06.040(b). This determination may be guided by, but not restricted by, the standards of Chapter 15.06. (Yakima 1-94) 604 93: d. 3245 § 6, (Ord593-81 § 19, 1987;9Ord�947 § 1 (part)92980 �.d. 3019 15.04.100 Temporary use permits. Temporary use permits may be issued by the building official for temporary structures and associated site im- provements used for the storage of equipment, or supervi- sory offices in connection with majorsconstrtures uction d associ- ated ro- ijects.Provided, that such temporary maintained for more site improvements may may extend this than one year. The buildinofficialo(Ord. 2947 § 1 (part), period for one additional year. 1986). 15.04.110 Temporary hardship unit permits. In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be subject to Class (2) review and shall only be issued when all of the following conditions are met: 1. The applicant provides a physician's statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision; 2. The temporary hardship unit meets the minimum setback and height standards for principal uses in the applicable district; 3. The temporary hardship units and principal dwelling together do not exceed the lot coverage stan- dards for the applicable district; 4. The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy; 5. The approval of the unit will not materially harm the public interest, the intent of the district, or the charac- ter of the neighborhood; 6. No rent, fee, payment or charge in lieu thereof may be made between the recipient hardship ro iders n of special care for use r the temporary hipuniiit shall be permitted Only one temporary P on a parcel. Temporary hardship unit permits shall be subject to annual renewal, at which time the building offi- cial/planning department shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within ninety days from termination of the use or revoca- tion of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be solely that of the permit holder. (Ord. 3019 § 18, 1987: Ord. 2947 § 1 (part), 1986). 15.04.090 15.04.115 Standards for mobile/manufactured home parks. A. Purpose. The purpose of this section is to estab- lish standards and criteria for development and expansion of mobile/manufactured home parks within the urban area. These standards are provided to ensure uniform, coordinated development of mobile/manufactuied home parks and to ensure the general health, welfare and safety of the occupants of mobile/manufactured homes that may be located within a park developed under these standards. These standards shall be applied in a manner that stresses minimizing costs. Alternatives that reduce costs and meet the intent of these standards will be encouraged. B. Site Plan Requirements. All proposals for mo- bile/manufactured home parks shall include a site plan based upon a land survey drawn by a licensed architect, engineer or surveyor and shall include the following information in addition to the standard information re- quired for site plans: 1. All spaces shall be clearly delineated on the site plan and include dimensions and square footage for each space; 2. A building envelope shall be shown within each space; 3. Unit setbacks shall be shown for each space; 4. The location of required parking for each unit shall be shown on the site plan; 5. Streets shall be shown on the site plan; 6. Signage for the park and directional signage shall be shown on the site plan; 7. The location of all solid waste containers and screening of containers shall be shown on the site plan; 8. All facilities, utilities, improvements and ameni- ties shall be shown on the site plan, including pathways, sidewalks, and recreational facilities. C. Development Standards. All mobile/manufactured home parks shall be developed in compliance with the underlying zoning district and shall be in compliance with this section. The density of a park or park expansion shall not exceed the density of the underlying zoning of dis- trict. All required site improvements shall be installed prior to placement of units in the park. Additional site improvements may be required by the reviewing official. 1. Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home park exclusive of streets shall meet the lot size, lot width and all other standards for detached single-family dwell- ings, as shown on Table 5-2 of this title. Space size may be reduced with the provision of improvements in accor- dance with the following: a. Provision of Recreational Areas. Space size requirements of the underlying district may be reduced 605 (Yakima 5.00) 15.04.115 by a maximum of ten percent with the provision of a developed recreational area for use by the residents. The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park area. b. Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least one side of each street and all recreational areas. c. Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may be re- duced by a maximum of ten percent with the provision of curbs, gutters and sidewalks on both sides of the street. d. Cumulative Space Size Reduction. Space size may be reduced up to twenty percent with the provision of any combination of items in subsections (C)(1)(a) through (c) of this section. 2. Internal Street Paving. A minimum of twenty- four feet of paved internal street shall be required for access to each unit, paved in accordance with Section 15.06.110 of this title. 3. Off -Street Parking. Two paved off-street parking spaces shall be provided for each unit in accordance with this title, Chapter 15.06. 4. Street Lighting. A street light shall be provided at each street intersection within the park. 5. Right -of -Way Dedication and Frontage Improve- ments. Appropriate provisions for right-of-way dedication and right-of-way improvements adjacent to the park shall be made, including street paving, sidewalks, curb, gutter, and street lighting. Improvements shall be installed prior to placement of units in the park, unless an appropriate bond or instrument acceptable to the city or county is provided to guarantee installation of improvements. 6. Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing blue street signs consistent with city of Yakima public street signs. Internal directional signs indicating unit/space numbers shall be placed at all street intersections within the park. 7. Utilities. All utilities, including irrigation and domestic water and sewer, shall be installed prior to placement of units in the park. All utilities, including electrical distribution, telephone, and cable TV, shall be installed underground. The internal water system shall include fire hydrants located at the direction of the city of Yakima fire department or appropriate county depart- ment. 8. Minimum Unit Separation. Units shall be separat- ed by a minimum of ten feet, measured from the furthest extremity of each unit, including stairways. 9. Perimeter Sitescreening and Landscaping. The perimeter of a park shall be sitescreened with a six -foot - (Yakima 5-00) high, view -obscuring fence and shall include at a mini- mum a ten -foot -wide landscape strip adjacent to the fence and within the park consisting of a combination of shrubs, trees and groundcover. 10. Stormwater Drainage. All stormwater drainage shall be retained on site, and a drainage plan shall be approved by the city/county. 11. Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use and shall be screened with a six -foot -high, view - obscuring fence or wall and access gate. 12. Play Area Requirement. Each unit shall provide a play area for children contained within the unit's space, consisting of a minimum size of six hundred square feet and a minimum width of fifteen feet. D. Expansion of Existing Mobile/Manufactured Home Parks. All standards of this section shall apply to expansion of existing mobile home parks. The standards shall not apply to existing areas of a park not being expanded. The examiner may, at his or her discretion, reduce one or more standards of this section for newly expanded areas of a park if expansion plans also include improvements to the existing park area. E. Maintenance of Common Areas, Landscaping and Open Space/Recreational Areas. All common areas and facilities, including streets, walkways, utilities, landscap- ing, storage areas, open space and recreational areas, shall be continuously maintained in good condition by the park owner or designated homeowner' s association. An irriga- tion system shall be installed for maintenance of land- scaping and recreational/open space areas that would normally require irrigation. F. Development Under Planned Development Provi- sions of This Title. Development of a mobile/ manufactured home park may be accomplished under the planned development provisions of this title. (Ord. 98-62 § 1, 1998). 606 15.04.120 Placement of mobile/manufactured homes in residential districts. A. Purpose. The provisions established herein are intended to assure that the siting of mobile/manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood. B. Table of Review Requirements for Mo- bile/Manufactured Homes. Table 4-3 titled "Review Re- quirements for Mobile/Manufactured Homes" is incorpo- rated as a part of this section. The table indicates in which residential districts mobile/manufactured homes may be permitted as a Class (1), (2) or (3) use. All mo- bile/manufactured homes on individual lots are subject to the specific conditions of subsection C of this 153on5 andd the applicable review procedures of Chapters and 15.15. C. Siting Standards. All mobile/manufactured homes shall be installed in compliance with applicable city and county codes. In addition, mobile/manufactured homes installed in the residential districts, not in mobile home parks, may be required to meet the following siting stan- dards: 1. Roof Slope. Roof slope shall be not less than a two -foot rise for each twelve feet of horizontal run. 2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site -built homes. 3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site -built homes. 4. Pit Set. Mobile/manufactured homes shall be "pit set" with first floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to accommodate eighteen inches clearance below the frame of the unit with crawl space access located near utility connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code. - Skirting or side walls shall be installed around the perimeter and the tongue and axle shall be removed. D. Replacement of a nonconforming mobile home on an individual lot with another mobile home or manu- factured home: Class (1) review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size or larger. Class (1) re- view shall also be used to replace a nonconforming mobile home with a manufactured home. The modifica- tion provisions of Section 15.17.050 of this title shall be used to replace a nonconforming mobile home with another mobile home that is older or smaller. (Yakima 5-00) 606-1 15.04.120 1 0 4' N TABLE 4-3 REVIEW REQUIREMENTS FOR MOBILEIMANUFACTURED HOMES Permitted Use (Class (1) Review) Requires Review by Zoning Administrator (Class (2) Review) Requires Review by the H.E. (Class (3) Review) Not Permitted MOBILE HOMES SINGLE -WIDE MANUFACTURED HOMES [not meeting the siting criteria in 15.04.120(C)] SINGLE -WIDE MANUFACTURED HOMES [meeting the siting criteria In 15.04.120(C)] DOUBLE -WIDE MANUFACTURED HOMES [not meeting the siting criteria in 15.04.120(C)] DOUBLE -WIDE MANUFACTURED HOMES [meeting the siting criteria in 15.04.120(C)] In appvd. or existing mobile home parks 1 1 1 1 1 In appvd. or existing ' manufac- tured home subdivisions 2 1 1 1 SR 2 1 2 1 On Individual Lots in the R-1 3 2 R-2 3 2 3 2 R-3 3 2 3 2 B-1 3 1 E. Replacement of an existing or approved manufac- tured home on an individual lot with another manufac- tured home: Class (1) review shall be used to replace an existing or approved manufactured home with another manufactured home that is newer and the same size or larger. The modification provisions of Section 15.17.050 of this title shall be used to replace a manufactured home with another manufactured home that is older or smaller. (Ord. 95-13 § 5, 1995; Ord. 93-81 §§ 20, 21, 1993: Ord. 3106 §§ 8 —10, 1988; Ord. 3019 §§ 19, 20, 1987; Ord. 2947 § 1 (part), 1986). 15.04.125 Placement of manufactured modular nonresidential structures. A. Purpose. To assure public safety and compatibili- ty with the general character and integrity of the district. B. Standards. Modular, nonresidential structures are permitted in all districts, subject to compliance with other standards of the district. C. Definition. A modular nonresidential structure manufactured with the intent of being transported to a fixed site and built in accordance with the Uniform Building Codes as adopted by the city/county. (Ord. 93- 81 § 22, 1993). 15.04.130 Placement of communication towers. A. Location. The following provisions shall govern the placement of communication towers within the urban area: 1. Less than thirty-five feet in height: Exempt from the review and permit procedures of this title, but must meet the minimum setbacks established in subsection (B)(1) of this section; 2. Thirty-five to fifty-five feet in height and meeting the setback provisions of subsection B)(2) of this section are also exempt from the review and permit procedures of the ordinance codified in this title; 3. Thirty to fifty-five feet in height and not meeting the setback provisions of subsection (B)(2) of this sec- tion: Class (2) use in all districts; 4. More than fifty-five feet in height Class (3) use in the R-1, R-2, R-3, B-1 and SCC districts and a Class (2) use in the remaining districts. B. Setbacks. The following setback standards shall apply to communication towers: 1. Minimum Setbacks. All communication towers shall meet the minimum front yard setback standards established in Table 5-1 for the district in which they are located and shall be set back at least ten feet from the side and rear property lines. 15.04,120 2. Optional Setback. Communication towers thirty-five to fifty-five feet in height shall be a Class (1) use in all districts when an additional twelve inches from the required front, side and rear yards is provided for each eighteen additional inches of tower height above thirty-five feet. (Ord. 2947 § 1 (part), 1986). 607 (Yakima 8-96) 15.05.010 Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Sections: 15.05.010 15.05.020 15.05.030 15.05.040 15.05.050 15.05.060 Purpose. Site design requirements and standards. Creation of new lots—Subdivision requirements. Vision clearance. Street right-of-way dedication. Administrative adjustment of certain basic development standards allowed. 15.05.010 Purpose. The purpose of this section is to establish certain basic development requirements. These are the minimum crite- ria which must be met to assure land use compatibility and promote the public health, safety and welfare. Ex- cept, some of these requirements are flexible and may be adjusted by the administrative official or hearing examin- er under the provisions of Chapter 15.10. (Ord. 2947 § 1 (part), 1986). 15.05.020 Site design requirements and standards. A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and the requirements in Table 5-1, "Site Design Requirements and Standards" and Table 5-2 "Subdivision Require- ments" are established for all development in the zoning districts indicated. (See tables at the end of this chapter.) B. Development on Nonconforming Lots. Develop- ment on nonconforming lots is governed by this section and Section 15.19.040. Except as limited by this title, any permitted use may be erected on any lot legally created prior to the adoption of this title. Such development and structures are subject to the following additional provi- sions: 1. Detached single-family dwellings erected on nonconforming lots must meet the following criteria: a. The setback dimensions of the structure conform to the regulations of this title; b. The lot has at least twenty feet of frontage on, or a minimum twenty -foot wide access easement to, a public or private road; c. All other site design and development criteria other than the lot size requirements of Table 5-2 are met. (Yakima 8-96) 2. Zero lot line, common wall, or duplex develop- ment may be permitted on such lots in the R-2, R-3 and (B)(1) districts only if the conditions of subsection (B)(1) of this section are met. 3. Multi -family development may be permitted in the R-2, R-3, B-1, CBD and CBDS districts only if the criteria of subsection (B)(1) of this section are met. 4. Zero lot line, common wall, duplex or multifami- ly development are not allowed on such lots in the SR and R-1 zones unless such development is the replace- ment or reconstruction of a destroyed or damaged exist- ing use. 5. Any permitted use or structure may be placed on a lot that is nonconforming as to width and/or lot area in the industrial and commercial districts, but only if the criteria of subsection (B)(1) of this section are met. C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The maximum lot coverage in each district is shown in Table 5-1. In the SR and R-1 districts, this standard is intended to protect the open character of each district, and insure that land is available to accommodate septic tanks and drainfields. The intent in the R-2 and R-3 districts is to provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off-street parking. D. Structure setbacks are the minimum structure set- backs permitted in a particular zoning district with Class (1) review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoin- ing property owners. In the commercial districts, building setbacks provide visual clearance along streets and areas for site screening and landscaping. Structure setbacks are required in the industrial districts to provide fire protec- tion, emergency access, and to reduce impacts on adja- cent districts of lower intensity. No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee. The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the Yakima county/city subdivision ordinance. The standard structure setback in each district is shown in Table 5-1. 608 E. Setbacks for Residential Accessory' Structures. The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side property line. five feet from the rear property line. and up to. but not within. the required front yard. Provided. that the accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed. in the residential districts an accessory structure not requiring a building permit may be placed up to the side or rear property line if the structure will not encroach on a public easement and applicable street setbacks are observed. F Maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5-1 G Fences and Walls—Standard Height. The following provisions shall govern the location and height of fences and walls. 1 In the front yard- fences and walls may be placed on or behind the property line. However. no fence. or wall shall exceed four feet in height within the required front yard setback area except must conform to clear view triangle standards where applicable. In residential districts, six feet shall be the maximum height in the front yard behind the required setback. In commercial and industrial districts eight feet shall be the maximum height in the front yard behind the required setback. 2 In the side yard fences and walls may be placed on or behind the property line. However. no fence or wall shall exceed four feet in height within the required side yard setback area from a street. In residential districts, six feet shall be the maximum height behind the required street setback and in side yards not bordering a street. In the commercial and industrial districts. eight feet shall be the maximum height behind the required street setback and in the side yards not bordering a street. 3 In the rear yard. fences and walls may be placed on or behind the property line. In the residential districts six feet is the maximum fence or wall height in the rear yard. Provided. that when 'he rear yard abuts a designated arterial. the maximum height shall he eight feet. Eight feet is the maximum rear yard fence height in the commercial and industrial districts. 4 Within the clearview triangle. no fence, hedge or wall shall be placed in the clearview triangles established in Section 15 05 040 of this title. 5 Fences over six feet in height: All fences over six feet in height shall meet the provisions of the Uniform Building Code. 6. Fence height in combination with a retaining wall. No combination ofa fence and retaining wall shall exceed a height of ten feet. measured from the lower elevation. except, existing retaining walls at the time of the passage of this title will be allowed a three and one -half -foot fence above the retaining wall. 15 05.02_0 H. Access Required. All new development shall have a minimum of twenty feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development. Provided. the construction of single-family and two-family dwellings on existing legally established lots are exempt from the requirements of this section. 1. Standard screen height: is the maximum permitted height ofa screen. A screen is a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks. golf courses. swimming pools, ballfields and playgrounds. ] Sidewalk Requirement. Sidewalks on one side of the street are required with new construction, (except single-family structures). A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Replacement of existing sidewalk is required only if existing sidewalk presents a safety hazard. except that for applications under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. (Ord. 2001-13 § 48.2001; Ord. 95-36 § 3, 1995; Ord. 93-81 §§ 23-25, 1993- Ord. 3106 §§ 11, 12, 1988: Ord. 3019 §§ 21-23. 1987. Ord. 2947 § 1 (part). 1986). 15.05.030 Creation of new lots—Subdivision requirements. A. Table of Subdivision Requirements. The provisions of this section and the requirements set forth in Table 5-2, "Subdivi- sion Requirements,' are hereby established for all subdivision in the zoning districts indicated. In the case of conflict between the text and tables, the text shall govern. Additional subdivision requirements are established in Yakima County Code Chapters 14.28 and 14.32 and Chapters 14.30 and 14.35 of this code. B Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of dwelling units permitted per net reFidential acre is used to determine the maximum number of dwelling units permitted within a single subdivision. short subdivision, mobile home park. 609 (Yakima 10-01) 15.05 030 multi -family development, or planned residential development. This standard is intended to: i Assure that residential densities in new subdivisions. multifamily developments. or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning district: and. Permit the clustering of dwelling units (when clustenng occurs. open space shall be provided in accordance with Section 15 09.030). and. 3 Permit a variety of residential dwelling types within a development. The following formula shall be used to determine the maximum number of dwelling units permitted for any particular subdivision. short subdivision, mobile home park. multi -family development or planned residential development: THE MAXIMUM NUMBER OF UNITS PER- MITTED ON A SITE = (the total site area in acres) — (the area of streets, right-of-ways. and access easements, in acres) X (the maximum number of dwelling units permitted per net residential acre). Any fraction of dwelling units shall be rounded up to the next highest whole number Once approved under the provisions of this title. no subdivision. resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5-2. Provided. that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R-1 and R-2 districts as a Class (3) use in accordance with Table 4-1. This higher -density development shall be allowed only on those limited occasions when. after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services. and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when. 1. The lots created meet the lot size and lot width requirements established in Table 5-2. and. 2. The existing structures meet the building area and setback requirements in Table 5-1, and. 3 No new dwelling units are built. C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when land is subdivided, short platted, resubdivided. or when lot lines are adjusted. No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5-2. In (Yakima 10-01) residential distncts. this standard is intended to maintain the residential character of the area and will vary by dwelling type. the suitability of the land for development. and the type of water and sewer system. The following are the minimum lot size requirements in the residential districts, except when the Yakima health district determines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems: Situation In the floodplain. airport and greenway overlay districts: Individual water system and individual sewer system. Public or community water system and an individual sewer system. Individual water system and the regional or an ap-proved community sewer system. 610 Public or community water system and the regional or an approved community sewer system. Required Minimum Lot Size One acre (provided the minimum lot size of the underlying zoning district shall apply. when, in the opinion of the reviewing official. the lot has a buildable area outside the overlay district and a plat restriction prohibits development on that portion of the lot within the overlay district). One-half acre. 14.500 square feet. 9.600 square feet. See Table 5-2 The smaller lot size for zero lot line. attached and multi- family dwellings does not permit an increase in the maximum number of dwelling units per net residential acre established in subsection (B) of this section. Any lots created for zero lot line, attached and multifamily dwellings shall be so designated on the face of the plat or short plat. In the local business district. the minimum lot size is intended to maintain the character of the district and provide adequate space for off-street parking and landscaping. The minimum lot size in the small and large convenience center districts and industrial districts are intended to accommodate the large uses permitted in these districts and maintain vacant land in relatively large parcels that can be easily assembled when development is proposed. D Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to. rights-of-way. E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision which proposes a use or configuration of land or improvements which would require Class (2) or (3) review under this title shall, at or prior to the filing of such application. also file an application for such review under this title. Such application shall be heard by the hearing examiner concurrently with the subdivision application using the procedures for Class (3) review. (Ord. 2001-04 § 5 (Att. A), 2001, Ord. 3106 § 13, 1988. Ord. 3019 §§ 24. 25. 1987; Ord. 2947 § 1 (part). 1986). 15.05.040 Vision clearance. A. Intersections. All corner lots at unsignalized street intersections or railroads shall maintain. for safety vision purposes, a vision clearance triangle. The vision clearance triangle shall consist of the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines eighty feet from the point of intersection. and a straight line connecting said latter points. Provided that, when either of the intersecting streets has or will have eighty feet of right -of -wad the vision clearance triangle shall be the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines one hundred feet from the point of intersection. and a straight line connecting said latter points. Nothing within the vision clearance triangle shall be erected, placed. planted or allowed to grow in such a manner as to materially impede vision between the heights of two and one-half and ten feet above the centerline of grades of intersecting streets (and/or railroads) or the future intersections centerline where improvements are programmed with the six-year road improvement program. on file in the city engineering division. (See figures at the end of this chapter ) B Driveway curbcuts: applies only to uses established under the terms of this title. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes. One angle shall be formed by lines a and b which are adjacent to the street and driveway. The line adjacent to the street 15 05 030 shall follow the curbline or improved travel w a) The sides of the triangle (a and b) forming the corner angle shall he fifteen tee! in length. The third side of the triangle shall be a straight line con- necting points c and d. No sign or associated landscaping shall he placed within this triangle so as to materially impede vision between the heights of two and one-half and ten feet above the centerline grade of the streets. (Ord. 93-81 § 26. 1993. Ord. 3106 14, 1988- Ord. 2947 § 1 (part). 1986) 15.05.050 Street right-of-way dedication. All new development shall dedicate. where necessary . street right-of-way in conformance with the standards in the county/city subdivision ordinance and the arterial street plan adopted in the Yakima urban area comprehensive plan. except for application under the jurisdiction of the city of Yakima. the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of am conflict between such provisions. (Ord. 2001-13 § 49. 2001 Ord. 2947 § 1 (part). 1986). 15.05.060 Administrative adjustment of certain basic development standards allowed. Administrative adjustment of some of the basic development standards in this chapter are authorized under the zero lot line provisions of Chapter 15.09 and the provisions of Chapter 15 10 Except as allowed by those provisions. no reduction of these standards is permitted except pursuant to Chapter 15.21. Variances. (Ord. 2947 § 1 (part). 1986) 611 (Yakima 10-01) (10-01 e '! A) (Amended by Ord. 95-13 § 6, 1995) TABLE EA DESMN REWIRE -MEM AND STANDARDS trre tok514 PEc1Reuplas moo STANDARDS MIIOrNOP70M SIMM SLO LS Oft ►maws COPm+vux efmovs m -c.!th =UK Kit snj-111 ..iraac..v ,ROMP i! z DAMS INSTISCTi h aY M u see Le 1 SIC St ("Mkt &1t* 111k145 itch S I ISS �qqY Carob, Muth LONA) laoN.• ve, r.nood'- 1' i itt w—. last loam e• Pcvi+Mad' Wor Lost &MN fl -4 ca... 1r.rw+'o R.tarrN wax" poM.,dil4artal GP1&t 1W NI Hat a S. su Ntals h total ow. n.aca r mow,' :TMID.M piratic PD24IT 1,1 61M 154 L0, ,SR 1+4. Gl Mi1.R 11.3,..4 I San I 211, I xR 1 soh 1 IS I SIS U LTV/ I1(.411 fat ..o, OM}, Pap 1b±iNt Id otstT yj"NW.Ni Imma V1,1,1 IP Noll 1.'..I . VI _I _uc L ccc 1 cw 1 cP.A. 1 Pi 1 Il k Soot Ppm wanly b1n .dbn..werlartysalNIA.Ird opo.r'Ihri.vo.. ,.m.1,b,Nr.dldtdlkSYtlbr7>A.,Nara,In,P•G•'trh/dt��YY'v'iA7v1.<e.enR 1.51-1.4 w.r sril'�'r�4v''b`''� Vas ir�r.' M+}•o.d.4]Nah+t', vb.N<.w rf s/d.aa,NNf'.= lrr.:fr1 Vat/ .rwrvw+u.+ri.glob'.i''w-aP'h�n.+�rh/,.n.,rua.uah..�:anrc�r 1 1y�oo Y■mrd.•d��"bdaE•0r7N•"�frnwcorrwe irfk N�Yr+1e11 Pyr+Md•h,i.Oo.AKnb+beMNe,uI.+M hF/'N, Coro m cho.n.naldthasnr„ h z,INrsIsom.aNPow ha•6•nal,•rr>dNroa c...V.re••e.*. ri.r.rra,hotsOW .41.,IM,Nas. •'r•MW'•e1^•w-'+� c w+wwlai. 14 qtr. It 1.'d1.....54041,..a61440.4P '' `M 1' ~14,11P•r S. Wtrail bra&erg NEv11101rth nv:SbUrfi 1517. 1 yaew1.md. s, fb.,MYlab aortas �Ma0s.aM�i>� ti,•Mali+zIJi13laW'lravorwa+••►i•� 9°'r►O111'Y .d.ari,MlMf•ou■.n..iSw t•naWi,We,s4i*at rdLnkwIvo tarszktland. MKII, �«yw. A 11...14 K., 1 r7vhd+:b5.0.4e•?�M+I t hillMCeaf•"4�w'4Ms..N+'l Error! No text of specified style in document. TABLE 5-2 SUBDIVIB►..... REQUIREIVIENTS SUt3D1vISION REQUIREMENTS SR 1 R2 MAXIMUM NUMBER OF DWELLING UNITS PERMITTED PER NET RESIDENTIAL ACRE Detached S.F. Dwellings {per Unit[ Lti RESIDENTIAL. rn USES (By Dwelling o Typel See 2 Detirilt[nns in 2 Section 1502 Detached S.F. -Dwellings 5,000 Zero Lot Line per Unit1[S) Detached S.F. Owelings sq ft. Common Wall I er Unit) Two Family -Dwellings (Duplexi 113 7,000 8,000 sq ft. sq ft. Multi Family Dwellings and 8,000 sq ft,[11 Planned Residential Davcla+merit PERMITTED NON-RESIDENTIAL USES ALL-lExcept Attached SF Dwellin! s) Attached SF Dwellings _ Common Wall STANDARD LOT WIDTH 121 75 (t. [31 J z 0 u N 111 LL 0 CA fjC ZONING DISTRICTS HS 132 SCC (.CC CBD CBDS M1 SEE MC CH. '15.04, TABLE 4-1 5,000 sq ft. 4,000 sq. ft. 7.000 tstl t. _ Density may not exceed maximum number of dwelling units .ermittad i er net residential acre acre 0,000 s.. It. 5000 sq. ft. :I non 50 (t. 100 ft. NA a N 2 M2 J d a 0 - NA NA 50 11. 35 ft. SR 111 Notes: 11] In the Residential Districts these minimums apply when the Tots gra served by a pubtio or community water system and either the regional or approved Community aswar system. at the ed bent less than The lot 50 feet. (Note:reline this provision doesrnot apply yard not t ba R2 SO ft. NIA 70 ft. 80 lee► • R3 B1 14B R2 SCO LCD ' CBD i G13US Frit -1T-17-12. (3) Lot width shall be at least 80 feet in the SR District when the lots are served by a public or community water system and either the regional or approved community sewer system. (41 One Acre shall be the minimum lot sire In Residential DIstricts within the Floodplains-AlreerEF and Greenway Overlay Districts. [51 Sae Special Development Standards for Zero Lor lino Development, Section 15.09.04. (Yakima 10.01) (10-01 ewu(eA) FIG. 5.1 C.L. 1s' Oft p140141, fli h Ai Ai 4S 4 FIG. 5-2 a Chapter 15.06 OFF-STREET PARKING AND LOADING Sections: 15.06.010 15.06.020 15.06.030 15.06.040 15.06.050 15.06.060 15.06.070 15.06.080 15.06.090 15.06.100 15.06.110 15.06.120 15.06.130 15.06.140 15.06.150 Purpose. Off-street parking and loading spaces required. General provisions. Off-street parking standards. Computation of required spaces. Location of required spaces. Schedule of minimum parking dimensions. Site plan required. Required landscaping of parking areas. Lighting. Construction and maintenance. Time of completion. Off-street loading space required. Nonconforming parking. Handicapped parking. 15.06.010 Purpose. The following parking standards are intended to assure adequate off-street parking. reduce on -street parking. increase traffic safety. maintain smooth traffic flow, and reduce the visual impact of parking Tots. (Ord. 2947 § I (part), 1986). 15.06.020 Off-street parking and loading spaces required. No off-street parking or loading spaces shall be placed. constructed. located. relocated or modified after adoption of this title without first receiving a development permit from the building official. All vehicle storage. off-street parking and loading spaces which are not themselves a principal use are accessor. uses and shall be subject to the same procedures and review requirements as the principal use. All off-street parking and vehicle storage shall be provided in conformance with the provisions of this chapter. (Ord. 93-81 § 27. 1993 Ord. 2947 § 1 (part). 1986). 15.06.030 General provisions. A. The off-street parking and loading facilities required by this section shall be established prior to any change in the use of land or structures and/or prior to the occupancy of any new or enlarged structure. B Required off-street parking spaces shall provide vehicle parking only for residents. customers, patrons. and employees 15 06 010 and shall not be used for the storage of vehicles or materials, the parking of vehicles used in conducting the business. or for the sale, repair or servicing of an) vehicle. C. An) area once designated for required off-street parking shall not be used for an other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change. or the primar. use of the property is changed to a use requiring less off-street parking. D. The required front yard in the R-3 district shall not be used for off-street parking for five or more cars unless the three-foot strip nearest the front property line is landscaped and a two foot high concrete, masonry. or decorative block wall. or wood fence, or a solid landscaping screen is provided. (For corner lots see Section 15.05 040. Vision clearance at intersections.) (Ord. 2947 § 1 (part). 1986). 15.06.040 Off-street parking standards. A. Table of Required Off -Street Parking. The parking standards in Table 6-1. Table of Off -Street Parking Standards are established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls. lobbies. enclosed porches and fully enclosed recreation areas and balconies. but excluding stairways, elevator shafts. attic space, mechanical rooms. restrooms, uncovered steps and fire escapes, private garages. carports and off-street parking and loading spaces. Storage areas are included in gross floor area. However. the required off-street parking for storage areas shall be calculated at the rate of one space per five hundred square feet rather than the specific parking standard established in Table 6-1 Except. when the parking standard for the principal use would require fewer parking spaces (i.e., one space per six hundred square feet.) All required off-street parking shall be subject to the procedures of this title and the standards of this section. 615 (Yakima 10-01) t10-0l eumA1 TABLE 6-1 TABLE OF OFF-S'IREI F PARKING S t ANUAtcu_ LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) AGRICULTURE (COMMERCIAL). Agriculturally related industries I space for each employee based on the maximum working at any given shill, or I space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces lbr the first 1,000 sq. 0. of gross floor arca, plus I space lir each additional 5,00( sq 0. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official. AND RECREATION AMUSEMENT AND RECREATION AMUSEMENT Game rooms, card rooms, electronic game rooms 1 space for each playing table, or each 3 seats or each 3 machines, whichever is greater I lorse tracks, speedways, grandstands I space for each 3 fixed scats or 54" of bench seating 5 spaces for each lane racing Bowling alleys Gymnasiums, facilities 1 space for each 100 sq. ft of gross floor area exercise Roller I space for each 250 sq. 0. of skating surface area skating rink 1 space Lir each 150 sq. fl. of water surface area Swimming pools Movie theatres I space for each 4 seats I space for each 100 sq. 0. of gross floor area halls Auditoriums, exhibition SERVICES COMMUNITY SERVICES COMMUNITY Churches, synagogues, temples, and funeral homes I space fir each 3 fixed seals (or 54" of bench type seating) 1 space for each 40 sq. R. of general reception/gathering area Convalescent, and homes 1 space lbr each 2 beds nursing group 1 space for each 200 sq. 0. of gross floor area Fire and police stations house center) , I space for each 2 beds Halfway (detention 1.5 spaces for each bed Hospital Schools: Primary, Elementary Junior, Senior 3 spaces for each classroom, or I space for each 3 scats (54" bench type seating) in the assembly area, whichever is greater Same as Primary/Elementary and 1 space for each 4 students over 16 yrs. old colleges 1 space for each 400 sq. 0. of gross floor area Junior or community detention centers 1 5 spaces for each bed Juvenile 1 space for each 100 sq. 0. of gross floor area Libraries _ I space for each 100 sq. 0. of gross floor area Museums, art galleries TABLE 6-1 TABLE OF OFF-STREET PARKING STANDARDS LAND USE Preschools, day care centers Vocational schools PARKING STANDARDS 1 space for each employee + 1 space for each 6 children MANUFACTURING (MASS PRODUCTION) 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing in Table 4-1 RESIDENTIAL I1 space for each employee per maximum shift RESIDENTIAL Single-family dwelling Two-family dwellings 2 spaces 4 spaces Multi -family dwellings (10 units or less) 2 spaces per dwelling Retirement homes (more than 10 units) 1.5 spaces per dwelling 1 space for each dwelling unit RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services Advertising agencies Automobile and truck, manufactured homed, travel trailer sales RETAIL TRADE AND SERVICES 1 space for each 300 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area Automotive: Automobile maintenance and service shops Car wash Car wash, self service Paint and body repair Specialized repair shops (battery, radiator, etc,) Wrecking and dismantling yards Beauty and barber shops Bed & Breakfast Inn 2 spaces per service area including work bays 6 spaces per wash bay 1 space for each 1,000 sq. ft. of gross floor area 2 spaces per service area including work bays 2 spaces per service area including work bays 1 space for each 500 sq. ft. of gross floor area 1 space for each 75 sq. ft. of gross floor area 1.1 spaces for each guest room Building and contractors Drug stores 1 space for each 800 sq. ft. of gross floor area I space for each 200 sq. ft. of gross floor area Employment agencies (private) Farm supplies 1 space for each 200 sq. ft. of gross floor area 1 space for each 800 sq. ft. of gross floor area -STREET PARKING STANDARDS PARKING STANDARDS LAND USE 1 space for each 200 sq. ft. of gross floor area Financial institutions Fumiture, home fumishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas station 1 space for each 300 sq. ft. of gross floor area Hardware store 1 space for each 300 sq. ft. of G.F.A. of structure and permanent outside display sales area Heating and equipment stores 1 space for each 400 sq. ft. of gross floor area plumbing Heavy equipment, tractor, and fare equipment repair 1 space for each 300 sq. ft. of gross floor area Home occupations — See Section 15.04.090(E)(1) Household appliance, small engine, TV and fumiture repair 1 space for each 300 sq. ft. of gross floor area Insurance agents, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area Liquor stores I space for each 300 sq. ft. of gross floor area Lumber 1 space for each 400 sq. ft. of gross floor area of stmcture and covered storage area yards Nursery 1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside display and sales area Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and hotels 1.2 spaces for each guest room Multiple use centers (3 or more uses with shared parking) — having less than 25,000 sq. ft. of gross floor area — having 25,001 — 400,000 sq. ft. of gross floor area — having 400,001 — 600,000 sq. ft. of gross floor area — having 600,001 + sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Paint, glass, and wallpaper stores I space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area Real estate offices 1 space for each 200 sq. ft. of gross floor area Residential mini -storage 1 space for each 300 sq. ft. of gross floor area of office space rn (10-0( EWES A) ABU:, 0-1 1 Ali LI-, UP tit I• -) 1 KI:r:1 rl11C1111NL1 0I ni' _'., LAND USE PARKING STANDARDS Retail service establishments in fable 4 I but not listed in this table I space fix each 300 sq. It of gross floor area I space for each 300 sq. It of gross floor arca 4 spaces for each 1,500 sq. 0. of gross floor area 5 spaces for each 2,250 sq. (l. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area 2 spaces for working/service area, including bays Retail trade establishments in fable 4 1 but nut listed in this table —having Tess than 25,000 sq It of gross floor area --having 25,001-- 400,000 sq. 0. of gross floor area. --having 400,001 •-- 600,000 sq. 0. of gross floor area —having 600,001 1- sq. 0. of gross floor area Service stations Shoe repair and shoe shops 1 space for each 300 sq. ft. of gross floor area Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. 11 of gross floor area Waste material processing and junk handling 1 space for each 500 sq. fl. of gross floor area TRANSPORTATION TRANSPORTATION rBus terminals, storage and maintenance facilities , I space for each 500 sq. ft. of gross floor area Air, rail and truck terminal 1 space for each 300 sq. ft. of gross floor area Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES UTILITIES Utility services 1 space for each 800 sq. ft. of gross floor area WIIOLESALE TRADE WHOLESALE TRADE Wholesale (rade warehouses 1 space for each employee based on the maximum working at any given shill, or 1 space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor arca, plus I space for each additional 5,000 sq. fl. for CA storage, warehouse, and refrigeration areas: whichever is deemed more appropriate by the reviewing official See residential mini -storage under retail and service category Residential mini -storage 1 low to Ilse Table 6-1. 1 Calculate the gross floor area for the structure. (See Section 15 06.040 to determine gross floor area). 2. Determine the amount of gross floor area used for storage rooms. 3 Required off-street parking for storage is one space per 500 square feet. 4 Find the proposed use in Tale 6-1 Example: — The gross floor area of the structure is 3,000 sq. ft. — 1,000 sq. R. of the structure is used for storage. The parking standard for storage rooms is one space per 500 sq. ft. (Section 15 06. 040). 1,000 + 500= 2 off-street parking spaces for the storage area. — The proposed use is a shoe shop. According to Table 6-1, shoe shops require one off-street parking space for each 300 sq. ft of gross floor area. 2,000 + 300= 6 6 or seven spaces since fractions of parking spaces are rounded up (Section 15 06 (150(2)). — The total required off-street parking of this use is. 2 spaces (for storage area) + 7 spaces (for the rest of the gross area) 9 spaces 15.06.040 B Uses Not Specified. Off-street parking requirements for uses not specifically listed in Table 6-1 shall be determined by the reviewing official based upon the requirement for similar uses. C. Downtown Business District Exempt. The Downtown Business District of Yakima. as shown in Figure 6-1 and hereby adopted as a part of this chapter. shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required, except that this exemption shall not apply to property that is zoned for residential use. and further provided that all the other requirements of this chapter shall apply to any parking provided by the applicant. City of Yakima Parking Exempt CLXULEgraNIK sa soa•tiw, rta:!esti.) R-{ SG + } Reiiiknidt R•3 TfraramityRaidatia R4 mhlti yResiimri+i as eownio.►n4tt.am MI s -e r.x,tausia in MS }UsEricai B .= vas scc s>+taaar t.a- >zgeeomesitmeCtrda w CM) Coal ausioa CADS =Surest • : • u -i Lienu9ssnlui * IsMz H:ry r ^.1 rs:i,ia, eo�rerr'etCs0 1%16 Eter.pcMc• 620 (Yakima 10-01) . ' . '! ir *nog Creurd: Ann2S, 240I 15.06.050 Computation of required spaces. The following rules shall apply in the determination of the number of required off-street parking spaces: 1. Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such number shall be changed to the next higher whole number. 2. Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses. 3. Shared Uses. Owners of two or more uses, structures, or parcels of land within three hundred feet of each other may share the same parking or loading area when the hours of operation do not overlap. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also share facilities concurrently, however, the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocat- ed or reserved between uses. (Also see Section 15.06.060.) A parking easement approved by the administrative official shall be filed with the county auditor whenever two or more uses propose to share off-street parking facili- ties. 4. Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that, each tandem space for single-family and two-family (duplex) dwellings shall be counted as a required parking space. (Ord. 93-81 § 29, 1993; Ord. 3019 § 28, 1987; Ord. 2947 § 1 (part), 1986). 15.06.060 Location of required spaces. Off-street parking facilities shall be located according to the following: 1. For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. 2. For hospitals, convalescent, nursing or rest homes, parking facilities shall be located not more than one hundred fifty feet from the buildings they are required to serve. 3. For uses other than those specified above, parking facilities shall not be located over three hundred feet from the buildings they are required to serve. 4. Groups of five or more parking spaces shall be served by a driveway so that no vehicular backing or maneuvering movement will occur within a public right-of-way other than an alley. 15.06.050 5. No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located in a residential zoning district. (Ord. 2947 § 1 (part), 1986). 15.06.070 Schedule of minimum parking dimensions. Driveways and parking stalls shall conform to Table 6-2, which is hereby adopted as the schedule of minimum parking dimensions. 620-1 (Yakima 1-94) 15.06.070 TABLE 6-2 STANDARD PARKING LOT DIMENSIONS (REFER TO DIAGRAM BELOW / ALL DIMENSIONS ARE BASED ON A BASIC 9' x 19' STALL) LOT LOT LOT LOT WIDTH p WS 3 ROWS WIDTH WIDTH WS I ROW +2 +2 MINIMUM + 1 + 1 ANGLELURE DRIVEWAY SQ DRIVEWAYS SQ DRIVEWAYS SQ OF STALL LENGTH DEPTH WIDTW DRIVEWAY RR SAYFr FT PER CAR FT PARKING WIDTH PER CAR DEP'I'Ii WIDTH' PER CAR � � CAR 368 56' 322 ALONG 8' 23' 8' 12' 20' 460 28' 315 C�'� 411 66'2' 397 83'6" 376 �' 18' 173' 11' 28'4" 510 45'6" 30° 336 79'0" 376 98'10" 121' 197 13' 32'10" 420 55" 45° 9'2' 39'0" 407 60' 313 95'0" 330 116'0' 305 600 9' 10'4" 21'0" 18' 315 124' 279 90° 9' 9' 19' 24' 43' 387 62' 279 105' 1. Ninety degree parking Permits two-way driveway travel If the angle is less than ninety degrees driveway travel shall be one-way. (Ord. 3019 § 29, 1987; Ord. 2947 § 1 (part), 1986). (Yakima 1-94) o0• M 1TA35UtD STILL RI',E & Of.PIM 1110M Cit>b LCEE?11 ft= C.U1 LIES Ft: CM/ If AO Iffi113 ARIA PCI CL0 I F or.T COLO N LOT 180111. 101 1. 1 OM MAT LOT W OT11. ) : 1 T O3aTCUAT2 LOT In ON a Orr 1 2 ow:vgas 620-2 HELL 0f FLla136 15.06.080 Site plan required. A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the reviewing official prior to construction. The site plan shall comply with the provisions for general or detailed site plans in Chapter 15.11 and shall also show the proposed develop- ment, locations, size, shape and design of the parking spaces, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed under the provisions of Section 15.11.030. (Ord. 2947 § 1 (part), 1986). 15.06.090 Required landscaping of parking areas. A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be five percent of the total parking area. This may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5-1. B. The planting area standard shall be twenty-four square feet in area with the exception of raised planter boxes around buildings. C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. D. Landscaping shall consist of combinations of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. E. Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view -obscuring fence, or compact evergreen hedge at least six feet in height. The screening shall be provided and maintained along the property line of such lot except in the required front yard. (Ord. 93-81 § 30, 1993; Ord. 2947 § 1 (part), 1986). 15.06.100 Lighting. Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties. (Ord. 2947 § 1 (part), 1986). 15.06.110 Construction and maintenance. All off-street parking and vehicle storage and vehicle sales lots having a capacity of three or more vehicles, shall be constructed in the following manner: 1. Surfacing: paved with two-inch thick asphaltic surfacing on an aggregate base, or an equivalent surfacing 15.06.080 acceptable to the reviewing official, so as to eliminate dust or mud. 2. Grading and drainage: graded and drained so all surface water is disposed of on-site. Grading and drainage facilities shall be designed according to accepted engineering standards. 3. Border barricades: any parking, vehicle storage or motor vehicle sales area abutting the street property line shall provide a concrete curb or timber barrier at least six inches in height and located at least two feet from the street property line. The curb or barrier shall be securely anchored. No curb or barrier shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. 4. Markings: all parking spaces (except motor vehicle sales areas) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the reviewing official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping and irrigation facilities in conformance with the standards of this chapter and the approved site plan. (Ord. 93-81 § 31, 1993: Ord. 2947 § 1 (part), 1986). 15.06.120 Time of completion. All parking required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible, the reviewing official may grant an appropriate delay under the provisions of Section 15.12.070(D). (Ord. 2947 § 1 (part), 1986). 15.06.130 Off-street loading space required. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. (1) Loading Space Size. The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of twelve feet in width and twenty-five feet in length. On-site maneuvering space of not less than fifty-two feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off-street parking. (2) Loading Space Location. Required off-street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle 620-3 (Yakima 1.94) 15.06.130 using the loading space shall project into the right-of-way of any public or private road. (Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 620-4 15.06.140 Nonconforming parking. Any use which, on the effective date of this section or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming. However, the number of existing off-street parking spaces shall not be reduced. When an existing structure with nonconforming parking is expanded, or a nonconforming use is changed to another nonconforming use and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this chapter. However, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this chapter. When the use of an existing lot or structure with noncon- forming parking is changed to another use listed in Table 4-1 the nonconformity shall cease and the new use shall provide all the required off-street parking in accordance with the provisions of this chapter. (Ord. 2947 § 1 (part), 1986). 15.06.150 ' Handicapped parking. Handicapped parking shall be provided in accordance with RCW 19.27.030.5. (Ord. 2947 § 1 (part), 1986). 621 15.06.140 15.07.010 Sections: 15.07.010 15.07.020 15.07.030 15.07.040 15.07.050 15.07.060 15.07.070 15.07.080 15.07.090 15.07.100 15.07.110 Chapter 15.07 SITESCREENING Purpose. Sitescreening required. Determination of sitescreening requirements. Sitescreening standards. Table of required sitescreening standards. Sitescreening along streets. Location. Existing plant material. Preparation of a sitescreening plan. Time of completion. Retention and maintenance. 15.07.010 Purpose. The purpose of this section is to establish sitescreening standards to provide a visual buffer between uses of differ- ent intensity, streets and structures, reduce erosion and stormwater runoff, protect property values, and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parking areas. (Ord. 2947 § 1 (part), 1986). 15.07.020 Sitescreening required. Sitescreening shall be required along the property lines in accordance with the provisions of this chapter whenever any use, development, or modification to use or develop- ment is being reviewed under this title. Provided, the construction of single-family residences or duplexes not part of a larger development are exempt from this chapter and no sitescreening is required along a property line shared with a vacant parcel. The provisions of this chapter also apply to the approval of any residential subdivisions and planned residential development. (Ord. 2947 § 1 (part), 1986). 15.07.030 Determination of sitescreening requirements. The reviewing official may adjust the sitescreening standards in this chapter by approving other sitescreening plans pursuant to the provisions of Section 15.10.020 and Section 15.10.030. (Ord. 2947 § 1 (part), 1986). 15.07.040 Sitescreening standards. Sitescreening requirements vary depending on the intensity of both the proposed use and its neighbors. Three different standards, A, B and C, are hereby established to accommodate the range of sitescreening needs. STANDARD A — A ten -foot wide landscaped planting strip with trees at twenty -feet to thirty -feet centers, shrubs, and groundcover. STANDARD B — A three -foot -wide planting strip that will create a living evergreen screen at least six feet in height within three years. STANDARD C — A six -foot -high, view -obscuring fence, made of wood, masonry block or slatted chain link. A three -foot -wide planting strip landscaped with a combina- tion of trees, shrubs and groundcover along the outside of the fence is also required when the fence is adjacent to streets, alleys and pedestrian ways. Provisions A, B and C are standards for the size of sitescreening area and the density and type of landscap- ing/planting. The developer may substitute a higher sitescreening standard, standard C being higher than B, and B being higher than A. Other sitescreening plans that improve the site design and achieve the purpose of this section may also be approved by the reviewing official in accordance with Chapter 15.10. All sitescreening shall also conform to the provisions of section 15.05.040 vision clearance at intersections. (Ord. 2947 § 1 (part), 1986). 15.07.050 Table of required sitescreening standards. Table 7-1 titled "Required Sitescreening Between Uses and Development" is hereby adopted as part of this chapter. The letter designation in this table refers to the sitescreening standards in Section 15.07.040. 622 TABLE 7-1 REQUIRED SITESCREENING BETWEEN USES AND DEVELOPMENT DISTRICT INTENSITY 15.07.050 COLUMN. 1 "Lowest Intensity District' in which each ADJACENT LAND USE is a Class (I) Use "Lowest Intensity ZoningHItsHr District' in which the LOWER ZONING -10 R DISTRICT INTENSITY 4 PROPOSED LAND USE or development is a Class (1) Use SR RI R2 R3 BI B2 SCC LCC CBD CBDS MI M2 SR A A ACC C CC CC Rl ABCC CCCCC R2 A BCC CCCCC R3 A A ABC CCCCC Bl A BB A B B - B2 CCCB B B - scc CCCC B B LCC CC CC A B C - C C C A B CBD CBDS CCCC A B Ml, CC CCBBB A A A A M2 CCCCBBB BBB A Sitescreening generally not required Letters refer to the sitescreening standards in 15.07.040. NOTES: a) Sitescreening Gha11 not be required for the construction of Single -Family dwellings and duplexes not part of a larger development (15.07.020). b) M-2 is the highest intensity zoning district and the remaining zoning districts decrease -in intensity in the following sequence: M-1, CBDS, CBD, LCC, SCC, B-2, B-1, R-3, R-2, 41 and SR HOW TO USE TABLE 7-1 EXAMPLE: Proposed use: Residential Mini -Storage 1. Refer to Table 4-1 to find the lowest intensity zoning district in which the proposed use is permitted a Class (1) use. If the proposed use is not a Class (1) use in any zoning district, then the level of sitescreening required, if any, shall be determined by the reviewing official. For residential mini -storage this is M-1. Find this zoning district in Column 1 above. 2. Refer to Table 4-1 to find the lowest intensity zoning district in which each adjoining use is permitted as a Class (1) use. If adjoining use is not a Class (1) use in any district or is an unclassified use, then the level of sitescreening shall be determined by the reviewing official. 623 (Yakima 11-00) 15.07.050 Adjoining Uses: North — Single-family dwellings Lowest Intensity District Class (1) Use — SR South — Tavem Lowest Intensity District Class (1) Use — LCC East — Employment Agency Lowest Intensity District Class (1) Use — B-2 West — Vacant 3. Use Table 7-1 to find the recommended sitescreening to be provided by proposed use. The recommended level of sitescreening is the letter in the intersection of the district found in Step 1 with each district noted in Step 2. In this example the recommended levels of sitescreening are: North — SR — C South — LCC — A East — B-2 — B West (vacant) — None 4. Refer to specific sitescreening standards in Section 15.07.040. 5. Prepare sitescreening plan, see Section 15.07.090. (Ord. 3019 § 30, 1987; Ord. 2947 § 1 (part), 1986). (Yakima 11-00) 624 15.07.060 15.07.060 Sitescreening along streets. provided by law for the foreclosure of mortgages. (Ord. Sitescreening standard A shall apply wherever 3019 § 32, 1987: Ord. 2947 § 1 (part), 1986). sitescreening is required under Table 7-1 and the adjoin- ing land use is separated from the proposed use or devel- opment by a collector or local access street. The review- ing official may also require sitescreening standard A along an arterial when such action is consistent with the purpose of this chapter. (Ord. 2947 § 1 (part), 1986). 15.07.070 Location. Generally all required sitescreening shall: 1. Be located on the perimeter of a lot or parcel upon which the development occurs; 2. Extend from lot line to lot line; 3. Not be located on any portion of a public or private street, dedicated right-of-way or vision clearance triangle. (Ord. 2947 § 1 (part), 1986). 15.07.080 Existing plant material. Existing trees and other vegetation may be used for sitescreening if they are healthy and will satisfy the purpose of this section. (Ord. 2947 § 1 (part), 1986). 15.07.090 Preparation of a sitescreening plan. The reviewing official may require a sitescreening plan showing the approximate location, height, size and type of all plantings and fences whenever sitescreening is required. (Ord. 3019 § 31, 1987; Ord. 2947 § 1 (part), 1986). 15.07.100 Time of completion. All sitescreening required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible because of seasonal planting limitations, the reviewing official shall grant an appropriate delay. However, no permanent certificate of occupancy shall be issued until all required sitescreening is completed. (Ord. 2947 § 1 (part), 1986). 15.07.110 Retention and maintenance. All sitescreening shall be maintained in accordance with the purpose and intent of this chapter. In the event the sitescreening deteriorates or is not maintained in a condition consistent with plan approval, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the property owner. These costs shall constitute a lien on the property, from the date of filing a notice of lien in the office of the county auditor. The lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by the county/city in the manner 624-1 (Yakima 11-00) Chapter 15.08 SIGNS Sections: 15.08.010 Purpose. 15.08.020 Definitions. 15.08.030 Development permit required. 15.08.040 Exempt signs. 15.08.050 Prohibited signs. 15.08.055 Sign maintenance. 15.08.060 Sign standards. 15.08.070 General provisions. 15.08.080 Projection over right-of-way. 15.08.090 Roof signs. 15.08.100 Wall signs. 15.08.110 Temporary signs. 15.08.120 Directional signs. 15.08.130 Off -premises signs and billboards. 15.08.140 Multiple -building complexes and multiple -tenant buildings. 15.08.150 Freeway signs. 15.08.160 Legal nonconforming signs. 15.08.170 Administrative adjustment of sign standards allowed. 15.08.180 Variances. 15.08.190 Violations. 15.08.010 Purpose. The purpose of this section is to accommodate and promote: sign placement consistent with the character and intent of the zoning district; proper sign maintenance; elimination of visual clutter; and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use and maintenance of signs within the urban area, shall occur in accordance with this chapter. (Ord. 2947 § 1 (part), 1986). 15.08.020 Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein. 1. "Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. 2. "Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state, local flags or any official flag at an institution or business will not be consid- ered banners. 15.08.010 3. "Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. 4. "Changing message center sign" means an electroni- cally controlled sign where different automatic changing messages are shown on the lampbank. This definition includes time and temperature displays. 5. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended. 6. "Directional sign" see Section 15.08.020(13), off -premises directional sign, and Section 15.08.020(15), on -premises directional sign. 7. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. 8. "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time. 9. "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground. 10. "Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. 11. "Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a com- pletely new enterprise or the opening of an enterprise under new management. 12. "Multiple -building complex" is a group of structures housing two or more retail, offices, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use. 13. "Multiple -tenant building" is a single structure housing two or more retail, offices or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use. See Section 15.08.140. 14. "Off -premises sign" means a sign which advertises or promotes merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which said sign is located. 625 (Yakima 1-94) 15.08.020 15. "Off -premises directional sign" means an off -premises sign with directions to a particular business. 16. "On -premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, name of the person, firm or corporation occupying the premises. 17. "On -premises directional sign" means a sign direct- ing irecting pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations. 18. "Political sign" means. a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot. 19. "Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material, which is not attached to the ground or a structure. This definition includes sidewalk, sandwich boards and portable readerboards (also see Section 15.08.020(26), temporary sign). 20. "Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face. 21. "Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings. 22. "Roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. See Section 15.08.090. 23. "Sign" means any medium, including its structural component parts which is used or intended to attract atten- tion to the subject matter that identifies, advertises and/or promotes an activity, product, service, place, business or any other thing. 24. "Sign area" means that area contained within a single continuous perimeter which encloses the entire sign cabinet, but excluding any support or framing structure that does not convey a message. (Yakima 1-94) 25. "Sign cabinet" means the module or background containing the advertising message but excluding sign supports, architectural framing, or other decorative features which contain no written or advertising copy. 26. "Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. 27. "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet. 28. "Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For comer lots each streetside property line shall be a separate street frontage. The frontage for a single use or development on two or more Tots shall be the sum of the individual lot frontages. 626 FIGURE 84 29. "Temporary sign" means any sign, banner, pen- nant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable maten- als and portable signs as defined in Section 15 08.020(17). Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. 30 "Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church. residential development or a legal business other than a home occupation in a residential district. 31 "Wall sign" means any on -premises sign attached to or painted directly on. or erected against and parallel to the wall of a building. See Section 15.08.100. 32. "Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate informa- tion about an activity, business. commodity. event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window (Ord. 93-81 § 32. 1993 Ord. 3106 § 16. 1988- Ord. 2947 § 1 (part), 1986). 15.08.030 Development permit required. No sign governed by the provisions of this title shall be erected. structurally altered or relocated after the adoption of this title without first receiving a development permit from the building official. 1. For New Uses. All on -premises signs are accesso- ry uses and shall be subject to the same procedural and review requirements as the principal use. Off -premises signs and billboards are permitted as shown in Section 15.08.130. 15.08.020 2. For Changes or Replacement of an Existing Sign Structural changes to. or replacement of. an existing sign requires Class (1) review and approval by the building official. (Ord 3019 § 33, 1987: Ord. 2947 § 1 (part). 1986). 15.08.040 Exempt signs. Except when otherwise prohibited. the following signs are exempt from the application, permit and fee require- ments of this title when the standards of this chapter are met: I 2. Window signs; Point of purchase displays, such as product dis- pensers; 3. Gravestones; 4. Barber poles; 5. Historical site plaques; 6. Structures intended for a separate use such as phone booths, Goodwill containers, etc.; 7. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; 8. Directional. warning or information signs or struc- tures required or authorized by law, or by federal, state, county or city authority; 9. Official flags of the United States of America, states of the United States, counties, municipalities, offi- cial flags of foreign nations, and flags of internationally and nationally recognized organizations; 10. Political signs which dunng a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided (i) all political signs shall be removed within fifteen days following the election, except that in cases where a general election follows a primary election, those signs for candidates whose names will appear on the ballot in the general election may be displayed during the interim period and up to fifteer days after the general election, and (ii) no political sign shall be erected upon any private property without the permission of the resident or owner thereof, and in cases where there is no occupied structure on the property, no political signs shall be placed thereon without the written consent of the owner of the property; 11. Construction and real estate signs not exceeding thirty-two square feet in sign area; 12. All temporary signs (See Section 15.08.110) except portable signs; 13. Church, school and community center name and/or readerboards not exceeding thirty-two square feet in sign area; 14. Canopies and awning signs; 627 (Yakima 10-01) 15 08.040 15. On -premises signs not readable from the public right-of-way, i.e., menu boards, etc.. 16. On -premises directional signs, 17. Official public or court notices issued by a gov- ernment agency or body or required or provided for under adopted statute (Ord. 93-81 § 33. 1993. Ord. 3019 § 34, 1987: Ord. 2947 § 1 (part), 1986). 15.08.050 Prohibited signs. The following signs are prohibited: I. Signs on any vehicle or trailer that is parked on public or private property and visible from a public right-of-way for the purpose of circumventing the provi- sions of this chapter This provision shall not prohibit signs which are painted on or magnetically attached to any vehicle operating in the normal course of business; 2. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal, 3. Signs attached to utility, streetlight and traffic -control standard poles; 4. Swinging projecting signs, 5. Signs in a dilapidated (having peeling paint, major cracks or holes. and/or loose or dangling materials) or hazardous condition, 6 Abandoned signs, 7. Signs on doors, windows or fire escapes that restrict free ingress or egress, 8. Any other sign not meeting the provisions of this chapter. (Ord. 93-81 § 34, 1993. Ord. 2947 § 1 (part), 1986) 15.08.055 Sign maintenance. A. General Requirements. Signs shall be maintained in good order and repair at all times so that they do not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks and loose and dangling materials. Signs that are not maintained in this manner shall be considered prohibited signs. B. Nonconforming Sign Maintenance and Repair. Nothing in this title shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the nonconforming sign is located from the provi- sions of this section regarding safety, maintenance, repair and/or removal of signs. (See Section 15.08.160) (Ord. 93- 81 § 35, 1993). 15.08.060 Sign standards. The provisions of this chapter and the requirements in Table 8-1, "Type and Number of Signs Permitted," Table (Yakima 10-01) 8-2 "Maximum Sign Area," and Table 8-3, "Sign Height and Setbacks," are established for all signs in the zoning districts indicated. All permitted slgns are subject to the review procedures off this title and the standards of this section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the principal use. 628 (76-1 guiriluA) TABLE 8-1 TYPE AND NUMBER OF SIGNS PERMITTED ZONING DISTRICTS SIGN TYPE SR 181 R2R3 Bi 118 82 SCC L.CC CBD CBDS MI M2 PERMITfED SIGNS Nameplate Permitted as an accessory use to an approved or existing use On Subdivision Identification/ Project Identification' Roof/Portable Signs Not Permitted Class (1) Use Premise Signs Freestanding' Subdivision/Proj. I.D. Only Are Subject to the Same Reviews and Procedural Requirements as the Principal use Projecting Nos Permitted Sec Swarm 15.08.150 Freeway Not Permitted Class (2) use Na Pamitted Class (2) WC Class (I) Use Off Premise Signs Directional Advertising Billboards NUMBER OF SIGNS PERMITTED On Premise Sips Nameplate 1 pa dwelling Subdivision Identification/ Use Identification' Freestanding' I pa street frontage 1 per street frailest Projecting Na Wall: Sec 15.08.100 / Roo(: See 15.08.090 / Temporary: Sea 15.08.110 Wall/Roof/Portable Sips Permitted' Freeway: Sec Sake 15.08.150 Freeway Directional: See Section 15.08.120(b) Off Premise Signs Directional 1 Sign Per Parcel (Also See 15.08.130) Advertising Not Billboards Permitted NOTES: 8. Swam 15.08.140 has freestanding sip provisions for multipole building complexes and mukiple tenant buildings. 2. Nameplates and subdivision identification signs peanined in the Residential Districts may be piked on • wall — See Table 8-2. TABLE 8-2MAXIMUM SIGN AREA MAXIMUM AREA PER SIGN FACE Freestanding and Projecting Signs WALL SIGNS FREEWAY SIGNS ZONING DISTRICTq Sign is setback 15' or less from required right-of-way Sign is setback 15' or more from required right-of-way SR 2 ft. RI Nameplates up to sq. Subdivision/Project Identification NOT PERMITTED R2 upto32sq. ft. R3 B1 24 sq. ft 40sq. ft. HB B2 40 sq. ft. 60 sq. ft. Frontage is less than 400 Ft. long 1 sq. ft. of sign arca per lineal ft. of frontage up to 100 sq ft. HS sq. ft. of sign arca per lineal ft. of frontage up to 150 sq. ft. SCC Frontage is more than 400 Ft. long I sq. ft. of sign arca per lineal ft. of frontage up to 150 sq. ft 11/4 sq. ft. of sign arca per lineal ft. of frontage up to 200 sq. ft. Frontage is less than 400 Ft. long 1 sq. ft. of sign arca per lineal ft. of frontage up to 150 sq. ft 11/4 sq. ft of sign arca per lineal ft. of frontage up to 200 sq. ft SIZE OF WALL TO WHICH WHERE PERMITTED: UP TO 300 LCC Frontage is more than 400 Ft. long 1 sq. ft of sign arca per lineal ft. of frontage up to 200 sq. ft 11/4 sq. ft of sign arca per lineal ft. of frontage up to 250 sq. ft ATTACHED SQUARE FOOT CBD 1h sq ft. of sign arca per lineal ft. of frontage up to 150 sq. ft. Frontage is less than 400 Ft. long 1 sq. ft. of sign arca per lineal ft. of frontage up to 150 sq. ft 11/4 sq. ft. of sign arca per lineal ft. of frontage up to 200 sq. ft CBDS Frontage is more than 400 Ft. long 1 sq. ft. of sign arca per lineal ft. of frottage up to 200 sq. ft. 11 sq ft. of sign area per lineal ft. of frontage up to 250 sq. ft. MI 1 sq. ft. of sign arca per lineal ft. of homage up no 11/4 sq ft. of sign arca per lineal ft. of frontage up to M2 100 sq. It 150 sq. ft MAXIMUM AREA PER SIGN .2 TIMES THE MAXIMUM AREA PER SIGN FACE 0 0\ cOe 0 1 Q. 3 cOo 00 •00 CAW W t!1 00 ea+ 00 TABLE B-3 SIGN HEIGHT AND SETBACKS SIGN STANDARDS CUP, API. Vau awn' -a.. SR !RZ I R3 B HB SCC LCC D CBDS MI M2 MAXIMUM SIGN HEIGHT 5 Ft. 10 Ft 15 FL 30 FL 30 Ft. 30 Ft. 30 Ft Sign is setback 15 feet or kss from requited right-of-way FmestaMingl Sign is setback more than IS feet from required right-of-way 10 Ft. 15 Ft. 20 Ft. 35 Ft. 40 Ft. 30 Fi. 40 F� Sze Section 15.06.080 alecting Not Permitted' lop of Wall to Which Attached Wall Where Permitted: 70' Freeway SETBACKS Minimum front yard sclbacks Edge of rigbt-of-way Minimum side yard setbacks Required setback standards for eacb zoning district (Table 5-1) Section 15.08.140 has special freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2 Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall - See Table 8-2. 15.08.070 15.08.070 General provisions. All signs shall comply with the following provisions: A. Construction shall satisfy the requirements of the Uniform Building Code; B. Except for exempt signs, all signs shall be perma- nently attached to a building or the ground; C. Signs attached to a building shall not exceed the height of the building, except under the provisions of Section 15.08.080(1) and Section 15.08.090; D. All signs shall comply with the setback requirements in Table 8-3; except, when the side or rear yard is a street frontage, then the front setback shall apply; E. Lighting directed on or internal to any sign shall be shaded, screened or directed so that the light's intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner, G. The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1; H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes. ee Section 15.05.040); I. No freestanding signs shall be placed in the clearview triangle established in 15.05.040. J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. (Ord. 93-81 § 37, 1993: Ord. 3106 § 18, 1988: Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 15.08.080 Projection over right-of-way. Projecting and freestanding signs shall comply with the following provisions: 1. No more than one-third of the height of any project- ing rojecting sign shall exceed the height of the building to which it is attached. 2. All signs projecting over the public right-of-way shall conform to the following standards: Clearance Above Grade 632 Less than 8 feet 8 feet to 9 feet 9 feet to 10 feet Over 10 feet Maximum Projection Not permitted 1 foot 2 feet 2/3 the distance from building to curbline or a maximum of 10 feet No sign shall project within two feet of the curb line. (Ord. 3019 § 36, 1987: Ord. 2947 § 1 (part), 1986). 15.08.090 Roof signs. All roof signs shall comply with the following provi- sions. 1 Roof signs shall be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building itself. 2. Roof signs must not exceed the maximum allow- able height of the building within the district in which it is located,V 3. All roof signs shall be installed or erected in such a manner that there is no visual support structure. (Ord. 2947 § l (part), 1986) 15.08.100 Wall signs. All wall signs shall conform to the following provi- sions: 1. Wall signs may be painted upon. attached flat to, or pinned away from the wall, but shall not project more than twelve inches from the wall. 2. The number of wall signs is not regulated, provid- ed the total area of the wall sign(s) may not exceed the area of the wall to which attached. 3 Wall signs shall not extend above the height of the wall to which attached. (Ord. 93-81 § 38, 1993. Ord. 2947 § 1 (part), 1986). 15.08.110 Temporary signs. All temporary signs shall conform to the following: 1. No temporary sign shall be displayed for more than thirty days at any one time nor more than ninety days during a calendar year 2. Only one temporary sign on each street frontage per parcel or lot is permitted. 3 No temporary sign shall be placed in a required parking space, driveway or clearview triangle. 4 No temporary sign may be placed in the public right-of-way or an easement unless specifically permitted by the city/county. 5 Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. 6. No temporary sign shall be displayed more than fifteen days after the event for which it is intended. (Ord. 2201-25 § 2, 2001: Ord. 93-81 § 39, 1993: Ord. 2947 § I (part), 1986). 15.08.120 Directional signs. A. On -premises Directional Signs. Off -premises direction signs readable from the public right-of-way may be permitted in accordance with Table 8-1. On -premises directional signs may contain both directions and the 15 08 090 business name or logo provided the business name or logo shall not exceed fifty percent of the sign area. All on -premises directional signs shall meet the general provi- sions of this section. and shall not exceed ten square feet per sign face. B Off -premises Directional Signs Off -premises directional signs are permitted where indicated in Section 15.08.130(B), provided, that: 1 Each use located m a district where off -premises directional signs are allowed is permitted one off -premises directional sign: 2. The off -premises sign contains only directional information and does not exceed thirty-two square feet in area nor twenty-five feet in height: 3 The off -premises signs are permanently installed on private property; 4. Only one off -premises sign is permitted on a parcel. (Ord. 2947 § 1 (part), 1986). 15.08.130 Off -premises signs and billboards. A. Billboards are: Class (1) uses in the M-1 and M-2 districts; Class (2) uses in the CBD and CBDS districts, Billboards may be permitted in these districts after the required level of review. Provided, they meet the provi- sions of this chapter and all of the following criteria: 1. The maximum sign area does not exceed three hundred square feet per sign face; 2 There is not more than one product display per sign face: 3. There are no side by side panels, 4 Required front yard setbacks are met; 5 Billboards between a one -hundred -fifty and three - hundred feet radius of a residential district shall be re- stricted to one hundred sixty square feet per sign face and may not be lighted; 6. No billboard shall be located within one -hundred fifty feet of a residential district; 7 The billboard is not within five hundred lineal feet of another billboard having the same street frontage, 8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8-3 of this chapter; 9. The total number of combined freestanding signs, off -premise signs and billboards does not exceed the number of freestanding signs allowed for the property. C. Off-premise(s) signs are: Class (1) uses in the M-1 and M-2 districts, Class (2) uses in the B-2, CBD and CBDS districts. Off -premises signs may be permitted in these districts after the required level of review, provided they meet the 633 (Yakima 10-01) 15.08 130 provisions of this chapter and the specific standards for the district in which they are located. (Ord. 93-81 § 40, 1993: Ord. 2947 § 1 (part), 1986). 15.08.140 Multiple -building complexes and multiple -tenant buildings. A Purpose The following provisions shall apply to multiple -building complexes and multiple -tenant buildings in the SCC, LCC and CBDS districts. B Number of Freestanding Signs. Each multiple - building complex shall be allowed one freestanding sign oneach streetfroin ntage ance with le 8-2 Wred feet: When the street t frontage is longerthan four hundred � .. 1 One additional freestanding sign shall be permit- ted for each additional four hundred feet of street frontage or part thereof; or 2. A single larger freestanding sign can be erected in accordance with Table 8-2. If option 1, as set forth in subsection B1 of this section, is selected. no freestanding sign shall be placed closer than two hundred feet to any other freestanding sign or exceed the standards in Table 8-2. These provisions shall also apply to each multiple tenant building, unless it is a part of a multiple building complex. a be used to The allowable freestanding sign(s) may advertise one or more of the uses in the multiple -building complex or multiple tenant building. (Ord. 2947 § 1 (part), 1986). 15.08.150 Freeway signs. A. Purpose The purpose of this section is to permit hotels/motels, restaurants, service stations and fruit stands near the freeway, a larger on -premises sign to inform freeway travelers of their service. B Location. A use with more than one street front- age may substitute a freeway sign for one of its allowable freestanding signs. When the use. (a) has frontage on Nob Hill Blvd., Yakima Avenue/Terrace Heights Drive, North 1st Street, North 16th Avenue or North 40th Avenue and all or a portion of the lot is within one thousand feet of a freeway interchange, or (b) is within two hundred fifty feet of the freeway right-of-way. C Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple building complex or for each development, whichever is more restrictive D Uses with Only One Frontage Uses within the area described in Section 15.08.150(2) with only one street frontage may install a freeway sign in addition to the permitted freestanding sign. (Yakima 10-01) E. Sign Height. The maximum height for freeway signs is shown in Table 8-3. (Ord. 93-81 § 41, 1993 Ord. 2947 § I (part), 1986). 15.08.160 Legal nonconforming signs. Any sign lawfully existing under all codes and ordi- nances in effect at the time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful, provided, that: 1 No sign shall be changed in any manner that increases its noncompliance with the provisions of this title. and 2. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal structural repair and maintenance; and, 3 The sign is not a hazardous or abandoned sign. (Ord. 2947 § 1 (part). 1986). 15.08.170 Administrative adjustment of sign standards allowed. A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this chapter is pro- posed or when required as part of a detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following: 1 The physical components of the sign including sign size, height, shape, color, location and associated landscaping. and 2 A description of how the sign relates to the imme- diate surroundings, including existing and proposed struc- tures. other signs, neighboring land uses and the character of the zoning district; and 3 For multiple tenant buildings and multiple build- ing complexes ? description of how the available sign area will be allocated between tenants or leasable spaces. B Review Procedures. The reviewing official shall review the comprehensive design plan in accordance with the provisions of Chapter 15.10 and may either approve or disapprove the plan. The reviewing official shall approve the comprehensive design plan and/or adjustments in the standards of this chapter when he finds that such approval would be consistent with the character of the zoning district, compatible with neighboring land uses, and create visual harmony between the sign, structure, and the site where it is located. The reviewing official may also attach conditions to this approval in order to accomplish the objectives of this section and Section 15.10.030. (Ord. 93- 634 81 § 42. 1993, Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986). 15.08.180 Variances. Except as allowed by section 15.08.170 no reduction of the standards in this chapter is allowed except pursuant to Chapter 15.21 Variances. (Ord. 2947 § 1 (part), 1986). 15.08.190 Violations. Failure to comply with the provisions of this chapter is a violation of this title and punishable under the provisions of Chapter 15.25 (Ord. 2947 § 1 (part), 1986). 635 15.08 170 (Yakima 10-01) 15.09.010 Chapter 15.09 SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 15.09.020 15.09.030 15.09.040 15.09.050 15.09.070 15.09.090 15.09.100 Purpose. Special development standards for the overlay districts. Common open space requirements. Zero lot line development. Performance standards—Emissions. Special development standards for service stations and other retail uses selling motor fuel. Special requirements for animal husbandry. Special requirements for bed and breakfast inns. 15.09.010 Purpose. The purpose of this chapter is to specify certain stan- dards which. under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development. (Ord. 2947 § 1 (part), 1986) 15.09.020 Special development standards for the overlay districts. A. Purpose The overlay zoning districts are estab- lished to coordinate the provisions established in the zoning ordinance with more detailed policies and stan- dards adopted in other plans and ordinances for the Yakima River greenway, shorelines. and flood hazard areas. The airport safety overlay is established separately pursuant to Chapter 15.30 of this title, and is expressly excepted from the provisions for overlay districts established in other chapter of this title B. Application The provisions of this chapter shall apply when all or a portion of a development, or modifica- tion thereto, is proposed within the boundaries of an over- lay district. C Project Review in Overlay Districts. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay district unless otherwise specified shall be subject to Class (2) review (Chapter 15.14). All Class (2) uses shall be subject to Class (2) review and Class (3) uses in an overlay district shall be subject to Class (3) review A reviewing official may condition or deny approval of any use, development, or modification thereto, in an overlay district based on the provisions set forth and adopted by this section. (Yakima 10-01) D Special Development Standards in the Greenway Overlay District. All development to the greenway overlay district shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River regional greenway plan E. Special Development Standards in the Floodplain Overlay Districts. All development in the floodplain overlay district shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the county/city. Development within shorelines jurisdiction or the flood- plain shall also be consistent with the county or city shorelines master program and/or the flood damage pre- vention ordinance. F Coordination With the Shorelines Master Pro- gram. If a proposed Class (2) or (3) use, nonconforming use expansion, or other modification is proposed on property within the jurisdictional boundaries of the Yakima County shoreline master program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements of this title, but shall be subject to all applicable standards of this title. If a conflict exists between the standards of the shoreline master program and this title, and the more restrictive provisions shall apply (Ord. 2001-04 § 3, 2001: Ord. 98- 59 § 3, 1998, Ord. 3106 § 19, 1988. Ord. 2947 § 1 (part), 1986). 15.09.030 Common open space requirements. The following provisions shall apply whenever com- mon open space is proposed by the developer, or when required by a reviewing official under Class (2) or (3) review as a condition of approval. 1 Use. The common open space may be used for recreation, shoreline access: landscaping; visual, noise or land use buffer: drainage control, or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropnate with the use, size and density of the proposed development and the natural features of the site Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space Common open space may be used only for those uses specified in the approved final site plan. 2. Location. The location, shape, size and character of the open space shall be suitable for the type of project. Generally, common open space shall be located: 636 a. Next to other open space areas; b. So that it buffers the proposed development from neighboring developments; c. To provide access to recreation facilities or link recreational facilities with sidewalks or paths. 636a 15.09.030 (Yakima 5-00) 3. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the reviewing official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space, and providing that, in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. (Ord. 2947 § 1 (part), 1986). 15.09.040 Zero lot line development. A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by class (2) review. Zero lot line development may also be approved on lots created before the effective date of this title by class (3) review. A site plan � the ou1m ents of Section 15.11.040 or, as applicable,n5.11050 shall be prepared for all zero lot line development. C. Development Standards. All zero lot line devel- opments shall comply with the standards of Table 5-1, and 5-2, the provisions of this title and the following require- ments; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: 1. Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. 15.09.030 c. Front and Streetside Setback Standards. Front and streetside setback standards shall be those shown on Table 5-1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated ll intol each deed transferring title on the property. be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". Water runoff from the dwelling placed on the lot is limited to the easement area. 7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with the provisions of Section 15.09.030. (Ord. 2947 § 1 (part), 1986). 15.09.050 Performance standards —Emissions. A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in class (1) review or administrative modifi- cation review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. 636-1 (Yakima 1-94) 15.09.050 B. Gases, Fumes and Vapors. The emission of any gases, fumes or vapors dangerous to human health, animal life, vegetation or property, are prohibited. C. Heat No use shall produce heat significantly percep- tible beyond its lot lines. D. Glare. No use shall produce a strong dazzling light, or a reflection of a strong dazzling light, beyond its lot lines. E. Vibrations. No use shall cause vibrations or concus- sions detectible beyond its lot lines without the aid of instruments, with the exception of vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire hazard, produce offensive odors, or which may be edible or other- wise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 2947 § 1 (part), 1986). 15.09.070 Special development standards for service stations and other retail uses selling motor fuel. A. Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. B. Fifty -foot Setback from Residential Districts Re- quired. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5-1. C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, sale or leasing of any new or used vehicle. (Ord. 2947 § 1 (part), 1986). 15.09.090 Special requirements for animal husbandry. A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district in which they are located. B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one-half acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling. (Yakima 1-94) C. Project Review. Animal husbandry operations which would create noise and odors, attract insects or rodents or be otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and Section 15.09.050. D. Minimum Setback. No portion of any structure used to house a domesticated farm animal shall be within one hundred feet of any residence other than the dwelling on the same lot. E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant. F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. (Ord. 93-81 § 43, 1993; Ord. 3106 § 21, 1988). 15.09.100 Special requirements for bed and breakfast inns. Bed and breakfast inns shall meet all applicable health, fire, safety and building codes. Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts in which motels and hotels are Class 1, 2 or 3 uses: A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a busi- ness and the inn shall no infringe upon the rights of neigh- boring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood. B. Meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations, except as otherwise permitted in this title. C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast. D. The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official. E. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the zoning district in which located, and bearing only the name of the inn and/or operator shall be permitted. 636-2 F. The reviewing official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health consider- ations and compatibility with the surrounding neighborhood. G. The number of lodging or guest rooms in home occupations shall be no more than five. (Ord. 93-81 § 44, 1993). 636-3 15.09.100 (Yakima 1-94) Chapter 15.10 CONDITIONS OF APPROVAL ADMINISTRATIVE ADJUSTMENT OF STANDARDS Sections: 15.10.010 15.10.020 15.10.030 15.10.040 Purpose. Administrative adjustment of some development standards authorized. Special conditions of approval authorized. Authority to impose special conditions limited in Class (1) review and administrative modification review. 15.10.010 Purpose. The purpose of this chapter is to specify and outline the authority of reviewing officials to impose special conditions of approval on any permit or approval issued under the provisions of this title and to establish the authority of certain reviewing officials to administratively adjust some of the development standards set forth in Section 15 04 115 and Chapters 15.05 through 15.08 of this title. (Ord. 2001-04 § 7, 2001 Ord. 2947 § 1 (part), 1986) 15.10.020 Administrative adjustment of some development standards authorized. The purpose of this section is to provide flexibility by allowing certain development standards in Chapters 15 05 through 15 08 to be administratively adjusted. A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title, the intent and purposes of the standard, and will accomplish one or more of the following objectives• 1. Allow buildings to be sited in the manner which maximizes solar access; 2. Allow zero lot line or common wall construction in conformance with the provisions of this title, 3. Coordinate development with adjacent land uses and the physical features of this title; 4 Permit flexibility in the design and placement of structures and other site improvements; 5. Allow development consistent with a specific subarea plan adopted by either the city or county Administrative adjustments of development standards shall be processed under the provisions for modifications 15 10 010 as contained in Section 15.17.050 of this title for Class (11 and Class (2) uses, except for development within or adjacent to residential zoning districts; and under Class (3) review for Class (3) uses. Class (3) review is required to balance this flexibility and general welfare of individual neighborhoods and the community The reviewing official shall not have the authority to reduce the site design requirements for minimum lot size, building height nor the subdivision requirements set forth in Section 15.05.030 and Table 5-2. (Ord. 95-13 § 7. 1995; Ord. 3106 § 22. 1988 Ord. 3019 § 39, 1987. Ord. 2947 § 1 (part), 1986). 15.10.030 Special conditions of approval authorized. A. The development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to. 1. Accomplish the objective and intent of any devel- opment standard or criteria for approval set forth in this title; 2. Mitigate any identified specific or general negative impacts of the development, whether environ- mental or otherwise, 3 Insure compatibility of the development with existing neighboring land uses; 4 Assure consistency with the intent and character of the zoning district involved. 5 Achieve and further the expressed intent, goals, objectives, and policies of the Yakima urban area compre- hensive plan and this title B. It is the intent of this title to grant broad authority to impose special conditions to achieve and further the objectives listed above. Such authority shall extend, but not be limited, to the following: 1. Increasing the minimum development standards of this title, 2 Limiting and controlling the dimensions, number, shape, and location of structures, including fences, signs, and buildings, 3. Regulating the number and location of vehicular access points: 4. Requiring the dedication of additional rights-of-way for public streets, 5. Requiring the dedication of public use easements and the recording of the same; 637 (Yakima 10-01) 15 10.030 6. Regulating the design, manner and timing of con- struction of any site improvements: 7. Regulating the hours of operation of any com- mercial or industrial use: 8. Providing_ for the maintenance or retention of any regulated site improvement: 9. Requiring and designating the location and size of open space; 10. Reclamation of any site after discontinuance of use or expiration or revocation of a permit. (Ord. 2947 § 1 (part), 1986) 15.10.040 Authority to pose special conditions limited in Class (1) review and administrative modification review. Unless specifically granted in some other provision of this title, the authority of the reviewing official to impose special conditions of approval during a Class (1) review or an administrative modification (Chapter 15.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the reviewing official from denying or conditioning approval of any permit under this title based on the application °� traffic enthe tate standards Environmen- tal Policy Act (SEPA): or, (2) 5meenn and policies established by Yakima County and the city of tl of Yakima to protect the function and satisfactory service of arterial and collector streets. (Ord. 3019 § 40, 1987. Ord. 2947 § I (part), 1986). 638 (Yakima 10-01) Chapter 15.11 GENERAL APPLICATION REQUIREMENTS Sections: 15.11.010 15.11.020 15.11.030 15.11.040 15.11.050 15.11.060 15.11.070 15.11.080 15.11.090 15.11.100 15.11.110 Purpose. Application requirements. Table of application requirements. General site plan form and contents. Detailed site plan form and contents. Preapplication conference. Filing an application. Processing applications. Notice requirements. Fee schedule and administration. Master applications. 15.11.010 Purpose. The purpose of this chapter is to specify the general procedures to be followed when processing applications. Additional procedures for particular types of development review are contained in specific sections of this title. (Ord. 2947 § 1 (part), 1986). 15.11.020 Application requirements. All applications shall comply with the following require- ments: 1. Applications shall be in writing on forms provided by the planning department, or for Class (1) uses, by the building official; 2. Applications shall include the information required by Table 11-1, "Application Requirements." For Class (1) review, except home occupations, and for Class (2) or (3) review for developed sites for which there is limited pro- posed change, the application shall include a general site plan in conformance with Section 15.11.040; provided, the reviewing official at his discretion may require addition- al information to clarify the application or determine compli- ance with the provisions of this title. For Class (3) review the application shall include a detailed site plan in confor- mance with Section 15.11.050; 3. All applications, except for Class (1) review, shall be signed by the property owner or his agent authorized in writing to do so; 4. Applications shall be accompanied by the appro- priate fee established in this title; 5. An application is not complete unless it includes all required information, attachments and fees. No applica- tion shall be considered officially filed until accepted as complete by the planning department; and, 6. Applications for Class (2) and (3) review shall include an eleven inch by seventeen inch or smaller repro - 15.11.010 ducible copy of the site plan. If the original site plan is larger than eleven inches by seventeen inches, a minimum of ten additional copies and an eleven inch by seventeen inch (or smaller) copy of the site plan shall be required. In the event of expanded review, additional copies may be required at the applicant's expense. Site plans shall be developed in accordance with Sections 15.11.040 or 15.11.050, as applicable. (Ord. 93-81 § 45, 1993: Ord. 3245 § 2, 1990: Ord. 2947 § 1 (part), 1986). 15.11.030 Table of application requirements. Table 11-1 "Application Requirements" lists the general information required for each type of application and is included as a part of this section. Individual chapters of this title may contain additional information required for a particular type of application. 639 (Yakima 1-94) 15.11.030 ON REQUIREMENTS 1 The application must include the items shown. Individual chapters of this ordinance may contain additional inforamtion required for a particular type of application. (Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 640 PERMIT APPLICATIONS FOR R REQUIRED WITH APPLICATION M MAY BE REQUIRED WITH APPLICATION 3 u a fClass (2) Review 3 u CE Development Modification u la4 > Nonconfonming Use Expansion Rezone Name, address, phone number R R R R R R R R Signature of property owners) R R R R R R R Signature of applicant R Yakima County Taxation Parcel Number & Legal Description R R R R R R R R Description of proposed action R R R R R R R R Size of subject property R R R SEPA Checklist (when required) M M M M M R Application fee R R R R R R R R General Site Plan (see 15.11.040) R R R R Detailed Site Plan (see 15.11.050) R R Explanation of any adjustment sought from the standards of this ordinance M M M R R Draft of any proposed covenants, restrictions and easements M R Citation of the action being appealed (See 15.16.030.3) R 1 The application must include the items shown. Individual chapters of this ordinance may contain additional inforamtion required for a particular type of application. (Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 640 15.11.040 General site plan form and contents. A. General Site Plan Form. All general site p be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or authorized by teh e reviewing official or planning department, the paper for class (1) review shall be eight and one-half inches by eleven inches and, for class (2) review, eleven inches by seventeen inches. The scale of the drawing shall be a standard engineering or architectural scale and shall reason- ably utilize the paper size. B. General Site Plan Contents. The general site plan shall include the legal description of the land; north arrow and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon; the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed structures and uses; the size and location of utilities, parking areas, proposed landscaping and sitescreening; and, the location of ingress and egress. The site plan shall also include any other information required by the planning department or reviewing official to clarify the proposal, assess its impacts, or determine compliance with this title. (Ord. 2947 § 1 (part), 1986). 15.11.050 Detailed site plan form and contents. A. Detailed Site Plan Form. All detailed site or printed shall be drawn to scale and be legibly drawn, prepared, on paper. Unless otherwise requested or authorized by the planning department, the paper size shall be eleven inches by seventeen inches or larger. The scale of the drawing shall be a standard engineering or architectural scale and shall reasonably utilize the paper size. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site. B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable: 1. The boundaries of the site; 2. Names and dimensions of all existing streets bound- ing or touching the site; 3. The location, shape, size, height and types of all existing and proposed structures and the boundary lines of all proposed and existing lots, tracts, and easements; 4. Proposed location and dimension of "common open space"; 5. Existing and proposed utilities, streets, access easements, and dedication of property; 6. Location, dimension, and design of off-street parking facilities, showing points of ingress to and egress from the site; 7. All major physiographic features, such as railroads, drainage canals and shorelines, on or abutting the site; 15.11.040 8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage plans; 9. Proposed land uses and densities; 10. Pedestrian and vehicular circulation pattern; 11. Existing and proposed landscaping and sitescreening; 12. Existing sewer lines, water mains, and other under- ground facilities within and adjacent to the development; 13. Proposed sewer or other waste disposal facilities, water mains and other underground utilities; 14. The location of structures on the adjoining lots; 15. A comprehensive sign plan meeting the requirements of Section 15.08.170(1); 16. Analysis of soil and geological conditions; and, 17. Any other information specified by the reviewing official, such as: a. Proposed ownership pattern, b. Operation and maintenance proposals (i.e. homeowner's association, condominium, co-op or other), c. Solid waste disposal facilities, d. Lighting, e. Water supply, f. Public transportation, g. Community facilities, h. General timetable of development, i. Floodproofing or other measures to protect against flooding, or, j. Information on design methods to conserve energy. A detailed site plan for development in the floodplain overlay district shall also include the following information: a. Elevation in relation to the one -hundred -year flood level of the lowest floor (including basement) of all struc- tures, b. Elevation in relation to mean sea level to which any structure has been floodproofed, c. Certification by a registered professional engineer or architect that established floodproofing standards have been met; and, d. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. (Ord. 2947 § 1 (part), 1986). 15.11.060 Preapplication conference. Prior to submitting an application, the applicant may arrange a conference with the planning department to review the proposed action, to become familiar with the policies, plans and development requirements of the Yakima urban area and to coordinate all necessary permits and procedures. Any information or opinions expressed by the planning staff shall not be binding on the reviewing official or constitute approval of the project. (Ord. 2947 § 1 (part), 1986). 641 15.11.070 15.11.070 Filing an application. All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this title shall be filed with the planning department except that applications for Class (1) uses, or modifications to approved Class (1) uses, shall be made directly to the building official. Any required site plans shall accompany the application. (Ord. 2947 § 1 (part), 1986). 15.11.080 Processing applications. Upon receipt of an application or upon referral of an application by the building official, the planning department shall proceed as follows: 1. The application shall be reviewed for completeness. If additional information is required, the application shall be referred back to the applicant. If accepted as complete, the department shall begin processing the application in accordance with this chapter. 2. If more than one permit, approval, or action under this title is required, the department shall refer the applica- tion back to the applicant for consideration of a master application under Section 15.11.110, withdrawal of the application, or a determination by the applicant of which permit shall be processed first. If no response is received within seven days, the department shall determine the order of processing and forward the application to the appropriate reviewing official. 3. A complete application shall be reviewed by the department and if SEPA review is required, referred to the designated SEPA responsible official for SEPA review under the provisions of WAC 197-11. No approval or permit shall be issued on the proposal until SEPA review is complete. 4. Upon completion of SEPA review, the department shall forward the application, related SEPA documents, if any, and a written report on the proposal, if any, to the appropriate reviewing official. 5. The department shall have a maximum of seven days to review the completed application and refer it to the appropriate reviewing official, excluding any time spent in SEPA review. 6. The department shall be responsible for assigning a date and assuring due notice of public hearing for each application requiring review by the hearing examiner. The date and notice shall conform with the statute or ordinance governing the application. 7. Upon final action and decision, the reviewing official or legislative body shall transmit its findings and decision to the department. 8. If the decision of the reviewing official or legislative body is for approval, and if all other permits, approvals, or actions required under this title have been secured, the planning department shall issue a certificate of zoning review. The certificate of zoning review shall be sent to the building official as authority for issuance of an actual development permit. The certificate of zoning review is official indication of compliance with this title only and shall not relieve any person from requirements of other laws or ordinances nor shall it authorize the building official to issue a development permit without compliance with other duties or review required by him by law. (Ord. 3019 § 41, 1987: Ord. 2947 § 1 (part), 1986). 15.11.090 Notice requirements. A. Table 11-2 — Notice Requirements. Applications for permits, approvals, or action listed in Table 11-2, "Notice Requirements," shall be decided after compliance with the notice requirements set forth therein. Table 11-2 may require more than one type of notice for some applica- tions. Other notice requirements are contained in the provi- sions of this title dealing with particular types of permits, approvals, or other actions and shall also be followed. In case of conflict between other provisions in this title and Table 11-2 the most lengthy and greater notice requirement shall apply. If no notice is required in either Table 11-2 or the written provisions of this title, none shall be provided. B. Responsibility for Notice. The planning department shall provide all notice requiring first-class mailing or legal publication. When required the applicant shall post the property in accordance with section 15.11.090(C). C. Posting Notice. When required, the applicant shall post the subject property with signs provided by the plan- ning department. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property. The time of posting shall comply with the provisions of Table 11-2. D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons shown as the owner on the official records of the Yakima County assessor's office shall be considered the property owners. 642 15.11.090 TABLE 11-2 NOTICE REQUIREMENTS Includes: Class (1) uses; development permits; temporary use permits; some home occupations. 2 Includes: Some Class (1) uses; Class (2) uses; Permits for temporary hardship units; some home occupations; some modifications to Class (1) and (2) uses. Includes: Some Class (2) uses; Class (3) uses; change from one nonconforming use to another; some modifications to Class (2) and Class (3) development, including administrative adjustment of development standards for class (3) uses. (Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986). 643 (Yakima t-94) NOTICE REQUIREMENTS APPLICATIONS FOR ... 1 ... v a z' e+^j .. u 3 Pf v r. u _ ,� u . < a 2 r v u a 0 > a u ` O a3 C E us o u T. ' a 0 ... `o. w Q 6 o 0 ix .o Mailed after Preliminary Decision for Approval by the Reviewing Official G W X CD CI cc a 3 Days Mailing/Publication/ Posting at Least Twelve Prior To Public Hearing X X X X N e� e .5 U •A To Parties of Record X X X CZ C X o: x To property Owners Within 300 Feet Z Z X X Z Z X Z Z X X Z X , o 4 One Legal Notice in Official Newspaper O Z X Z X X e a In Compliance With Ch. 15,11,090.3 and this Table Includes: Class (1) uses; development permits; temporary use permits; some home occupations. 2 Includes: Some Class (1) uses; Class (2) uses; Permits for temporary hardship units; some home occupations; some modifications to Class (1) and (2) uses. Includes: Some Class (2) uses; Class (3) uses; change from one nonconforming use to another; some modifications to Class (2) and Class (3) development, including administrative adjustment of development standards for class (3) uses. (Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986). 643 (Yakima t-94) 15.11.100 15.11.100 Fee schedule and administration. The legislative bodies shall adopt and maintain a current schedule of fees and charges for actions pertaining to this title. No application, permit or appeal shall be accepted, pro- cessed, approved or issued unless and until the applicable fees and charges have been paid in full. (Ord. 93-81 § 46, 1993: Ord. 3245 § 1, 1990: Ord. 3106 § 23, 1988: Ord. 3019 § 42, 1987: Ord. 2947 § l(part), 1986). 15.11.110 Master applications. A. Process. Any person proposing a land use project which would require more than one of the permits or approvals listed in Table 11-1 may submit a master applica- tion to the planning department on form(s) provided by the department. The master application shall be processed subject to the highest level of review applicable to any of the required permits or approvals. Class (3) review being higher than Class (2), and Class (2) review being higher than Class (1). For purposes of this section, the reviewing official's decisions shall have the following effect. If any of the required approvals constitute a recommendation to the legislative body, the decision of the reviewing official as to all such permits or approvals shall constitute a recom- mendation to the legislative body, otherwise the decision of the reviewing official shall be final subject to appeal pursuant to Chapter 15.16. B. Fees. When two or more zoning applications for the same project are processed as a master application, only the highest fee, among the applications submitted, shall be charged. (Ord. 3019 § 43, 1987: Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 644 Sections: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060 15.12.070 15.12.080 Chapter 15.12 PERMITS Purpose. Required permits. Compliance with development permit and certificate of zoning review required. Official index of approvals to be maintained as public record. Final site plans. Expiration and cancellation of development permits and certificates of zoning review. Certificates of occupancy required at discretion of reviewing official. Performance assurance. 15.12.010 Purpose. The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 2947 § 1 (part), 1986). 15.12.020 Required permits. A. Development Permit. Except as provided in subsec- tion (C) of this section, no use, development, or modifica- tion to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part without the issuance of a development permit by the building official. When a building permit is required, the building permit shall serve as the development permit. B. Certificate of Zoning Review. No development permit may be issued without the prior issuance by the planning department of a certificate of zoning review for the proposed development or modification to development indicating that the proposal has been through the review procedures of this ordinance and conforms to its require- ments. Provided, that proposals for new Class (1) uses and modifications to approved Class (1) uses which are review- able under Class (1) review only (Chapter 15.13) do not require a separate certificate of zoning review and may be approved directly by the building official. The certificate of zoning review issued by the planning department shall include by reference, or otherwise, any terms and conditions of approval for the project together with any approved fmal site plan. C. Exemptions. The following development and modifi- cations to development are exempt from the review and 15.12.010 permit provisions of this title. Provided, they do not involve a required site improvement: 1. Normal structural repair and maintenance; 2. Changes to conforming structures which do not involve structural alterations as that term is defined by this title; 3. Rehabilitation of dwelling units when such rehabilita- tion ehabilitation does not expand the number of dwelling units nor physically expand the structure; 4. Accessory structures otherwise meeting the specific development standards and requirements of this title and which do not require a building permit under the provisions of the Uniform Building Code as adopted by the city/county; 5. Communication towers less than thirty-five feet in height and which meet the standards of Section 15.04.130; 6. Exempt signs; 7. Yard sales meeting the requirements in Section 15.04.060A; 8. Alteration to land, including grading and leveling, paving stockpiling, and excavation, the fair market value of which does not exceed five hundred dollars; 9. All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improve- ments. D. Development Permit Issuance in Conjunction with Another Permit. If the building official is designated and/or authorized to review and issue a permit under the provisions of any other county/city code or ordinance applicable to the development, he may require issuance of the develop- ment permit under this tide to be issued only in conjunction with said other permit. (Ord. 3106 § 24, 1988; Ord. 3019 § 44, 1987; Ord. 2947 § 1 (part), 1986). 15.12.030 Compliance with development permit and certificate of zoning review required. A. Development Permit Compliance Required. Develop- ment permits issued on the basis of plans and applications and conditions of approval imposed by the building official and/or on the basis of a certificate of zoning review autho- rize only the use, arrangement, and construction set forth in the approved plans, application, and certificate of zoning review together with any associated conditions of approval and the final site plan. Any use, arrangement, or construc- tion at variance with that authorized is a violation of this title and is punishable as provided in Chapter 15.25. B. Site Plan Compliance Required. Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or 645 (Yakima 1-94) 15.12.030 modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and/or occupier of any property, development, or structure which is the subject of a final detailed or general site plan shall be required to maintain the property and development in full compliance with the terms and conditions of the approved final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as provided in Chapter 15.25. C. Site Inspection by the Building Official Authorized. The building official is authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and/or constructed in conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the county/city. (Ord. 2947 § 1 (part), 1986). 15.12.040 Official index for approvals to be maintained as public record. A. For Class (2) and (3) Approvals. The planning department shall maintain an official index of all approved and currently applicable certificates of zoning review and development permits requiring review and approval by the administrative official and/or hearing examiner. The official index shall include the application, a copy of the certificate of zoning review, and development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and shall be open for public inspection and copying in accordance with the other provisions of law. Such index shall be kept by parcel number so the current applicable provisions of any specific approval issued under this ordinance for such property are available for public inspection and review. Such index may consist of original or certified duplicates of original documents. The planning department and building official shall immediately upon issuance of a certificate of zoning review and development permit place the original or certified duplicate in the official index noting the date and time of filing of the document in the index. The official index required by this section shall constitute authority as to the current applicable limita- tions and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. The planning department, through its department head, shall be the official custodian of said index and is authorized (Yakima 1-94) to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section shall constitute a violation of this ordinance and be punishable as provided under Chapter 15.25. B. For Class (1) Approvals. The building official shall maintain an official public record of development permits issued under class (1) review in the same manner and with the same effects as set out in section 15.12.040(A). (Ord. 2947 § 1 (part), 1986). 646 15.12.050 Final site plans. A. Final Site Plan Required. Prior to issuance of a certificate of zoning review, the applicant shall provide to the planning department a final site plan. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the review- ing official. B. Final Site Plans — Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, tracing cloth or equivalent material as required by the planning department. Unless the planning department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of Sections 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. (Ord. 93-81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986). 15.12.060 Expiration and cancellation of development permits and certificates of zoning review. A. Certificate of Zoning Review — Expiration. A certificate of zoning review shall automatically expire and terminate when: 1. A new or modified certificate of zoning review has been issued for the same parcel or parcels; or 2. A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate or a time period of not less than one year specified by the reviewing official. 3. The development permit issued on said certificate expires, terminates or is cancelled under the provisions of this title. The planning department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The planning department shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County assessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate. B. Development Permit and Building Permit Expiration. A development permit shall automatically expire and be terminated when: 1. A new or modified development permit is issued for the parcel or parcels affected; or, 2. The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof, unless a longer time is specified in the approval itself; or, 3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself. Provided, that prior to termination and expiration of a development permit under subdivisions 2 and 3 of this subsection, the building official shall give written notice to the applicant at his last known address and to the owner of record as shown on the Yakima County assessor's parcel index file that the development permit is about to expire. Such notice shall be made by mail at least forty-five days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiration. Should the development permit expire, the building official shall take administrative action to reflect cancellation of the permit in the official records of the building official and the planning department and shall send written notice by mail of the fact of expiration to the permit applicant and the owner of record as shown in the Yakima County assessor' s parcel index together with a notice that further work or action shall not proceed. C. Extension of any Approved Development Permit and/or Certificate of Zoning Review. A valid certificate of zoning review and/or a valid development permit may be extended one time only for up to one additional year by action of the administrative official. Requests for exten- sions shall be in writing to the planning department and shall be accompanied by the previously approved fmal general or detailed site plan showing the location and size of any development or work already completed on the project. The administrative official shall review the application without public notice or hearing and issue his decision within ten days from the receipt of the completed applica- tion. The administrative official may (a) approve the extension, (b) approve the extension with conditions to assure the work will be timely completed, or (c) disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The administrative official shall mail his decision to the applicant and shall specify his decision as fmal unless 15.12.060 appealed under the provisions of Chapter 15.16. (Ord. 93-81 § 48, 1993; Ord. 3019 §§ 46, 47, 1987; Ord. 2947 § 1 (part), 1986). 15.12.070 Certificates of occupancy required at discretion of reviewing official. A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Yakima urban area comprehensive plan, and the public welfare and interest. B. Certificate of Occupancy May be Required. As a condition of approval for the issuance of any development permit or certificate of zoning review or any other permit or approval under this title, the reviewing official, including the building official and planning department when engaged in administrative modification review under Chapter 15.17, may require or specify that the approved use or occupancy of the structure or land may not occur without the issuance of a certificate of occupancy issued by the building official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the reviewing official any use or occupancy of the property or structures, in whole or in part, without the issuance of a certificate of occupancy is a violation of this ordinance and is punishable under the provisions of Chapter 15.25. C. Procedures. The building official may perform interim and final inspection of the development at his own initiative, but shall do so within five days of any request made by the permit holder. The building official is autho- rized to conduct interim and final inspections of the devel- opment and may coordinate such inspections with the inspections required by other applicable codes and regula- tions. D. Occupancy Prior to Completion. The building offi- cial may authorize occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he finds that all the following conditions are met: 1. The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder; 2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time; 3. Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, 647 (Yakima 1-94) 15.12.070 safety, and welfare of the general public, or the goals and policies of this ordinance and the Yakima Urban Area Comprehensive Plan; 4. Security for the completion of required improvements and terms and conditions of approval has been made in accordance with Section 15.12.080 for any public improve- ments associated with the development 5. The development complies with minimum life and safety codes and the building official has declared the development safe for use. (Ord. 2947 § 1 (part), 1986). 15.12.080 Performance assurance. A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improve- ments imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion. B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of any development permit or certificate of zoning review, or any other permit or approval issued under this title, the reviewing official may require security for the performance and completion of any proposed or required public improve- ment or any other term or condition of approval pertaining to a public improvement. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the develop- ment permit. C. Forms and Security. The applicant may provide security in the form of one or more of the following: 1. A cash security deposit with the county/city; or 2. A bond; or 3. A deed of trust mortgage on the subject or other property. Provided, however, that the quality, sufficiency, amount, and exact form of the security are subject to the approval and satisfaction of the administrative official. Whenever any security is provided by an applicant it shall state directly or by reference all the following provisions: 1. The improvements or performance secured; 2. A date or dates of required compliance; 3. The amount of the security; 4. That the security is in favor of the Yakima Coun- ty/City of Yakima; 5. That the applicant shall maintain the security in force until completion of the public improvement or condi- tion for which security was provided. D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section a written agreement shall be made and signed by the (Yakima 1-94) administrative official on behalf of the city/county. Security deposits shall be made directly to the administrative official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and type of account and any interest earned thereon shall accrue and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit. If the improvements or performances secured by the deposit are not timely completed, the administrative official shall notify the applicant in writing stating: (1) the nature of the noncompliance and the action necessary to correct the same; and (2) the amount of time in which the applicant has to take corrective action; and (3) that if corrective action is not completed within the time specified that the city/county will apply the funds in the security deposit in order to effect compliance. If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official the city/county shall through its representatives take whatever action that the city/county deems necessary and/or convenient to perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant. E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official. F. Deeds of Trust. Security provided in the forms of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or perfor- mance secured by the deed of trust are not completed, the administrative official shall notify the applicant in writing stating: (1) the nature of the noncompliance and the action necessary to correct the same; and (2) the amount of time 648 in which the applicant has to take corrective action; and (3) that if corrective action is not completed within the time specified that the city/county will take corrective action itself and/or foreclose the deed of trust. On failure of the applicant or permit holder to complete corrective action within the time specified the city/county may, at its option, through its designated representatives either: (1) Take action necessary or convenient to perform or complete the events secured by deed of trust and thereaf- ter institute foreclosure of the deed of trust in any manner allowed by law; or (2) Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law. G. Partial Releases. An applicant may request a partial release of any security provided under this section based on partial completion or compliance with the events secured. If the administrative official determines that partial release is warranted he may cause a partial release of security in an amount deemed by him to be appropriate. H. Applicant and Permit Holder Responsible for Defi- ciencies. The applicant and/or permit holder is responsible for all costs incurred by the county/city in causing com- pletion of the events secured by any security provided for under this section. If after fully applying the security a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney's fees necessary to collect the same. I. Administration. The administrative official is autho- rized to sign documents and otherwise administer securities under the provision of this section. (Ord. 3019 § 48, 1987; Ord. 2947 § 1 (part), 1986). 649 15.12.080 15.13.010 Sections: 15.13.010 15.13.020 15.13.030 15.13.040 15.13.050 15.13.060 15.13.070 Chapter 15.13 CLASS (1) REVIEW Purpose. When required. Development permit application —Class (1) review. Review procedures. Approval. Denial. Appeals. 15.13.010 Purpose. This chapter establishes procedures for issuance of a development permit for uses requiring Class (1) review. (Ord. 2947 § 1 (part), 1986). 15.13.020 When required. Class (1) uses not requiring Class (2) review are permit- ted; provided, that district standards are met. The building official shall use the procedures in Chapter 15.13 to review Class (1) uses and associated site improvements for compli- ance with the provisions and standards of the zoning district in which they are located. Class (1) uses require Class (2) review when: 1. All or part of the development, except for agricultur- al buildings and single-family dwellings, and duplexes is in the floodplain or greenway overlay districts; or 2. All or part of the planned residential development, mobile home park or multifamily dwelling is in the airport overlay district; or 3. The proposed use includes hazardous material; or 4. The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15.10.020. (Ord. 3019 § 49, 1987; Ord. 2947 § 1 (part), 1986). 15.13.030 Development permit application— Class (1) review. Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to the building official on forms supplied by him. A general site plan conforming to the provisions of Section 15.11.040 shall accompany the application. The building official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of this title. (Ord. 2947 § 1 (part), 1986). 15.13.040 Review procedures. The building official shall review all Class (1) uses for compliance with this title. The building official shall forward all Class (1) uses requiring Class (2) review under Section 15.13.020 to the planning department for processing under Chapter 15.14. The building official shall notify the appli- cant of the approval or denial of the application, request additional information, or forward the application to the planning department for review. (Ord. 2947 § 1 (part), 1986). 15.13.050 Approval. The building official shall issue a development permit when he determines that: (a) the proposed use is a Class (1) permitted use under Chapter 15.04; (b) that the proposed development complies with the standards and provisions of this title; (c) that the proposed development complies with other uniform codes in effect and administered by the building official; (d) that proposed development com- plies with traffic engineering standards and policies estab- lished by Yakima County and the city of Yakima to protect the function and satisfactory level of service of arterial and collector street; and (e) that any new improvements, or expansion of a structure comply with the standards of this title. (Ord. 3019 § 50, 1987; Ord. 2947 § 1 (part), 1986). 650 15.13.060 Denial. When an application is denied, the building official shall state the specific reasons and shall cite the specific chapters, and sections of this title upon which denial is based. The building official may also refer the applicant to the planning department to determine if relief from such denial is available through other application. (Ord. 2947 § 1 (part), 1986). 15.13.070 Appeals. Any decision by the building official to deny issuance of a building permit for a Class (1) use may be appealed to the hearing examiner under the provisions of Chapter 15.16. (Ord. 2947 § 1 (part), 1986). Sections: 15.14.010 15.14.020 15.14.030 15.14.040 15.14.050 15.14.060 15.14.070 Chapter 15.14 CLASS (2) REVIEW Purpose. When required. Application for Class (2) review. Review procedures. Notification of final decision. Issuance of a certificate of zoning review. Appeals. 15.14.010 Purpose. This section establishes procedures for issuance of a certificate of zoning review for uses requiring Class (2) review. (Ord. 2947 § 1 (part), 1986). 15.14.020 When required. Class (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Class (2) review in Section 15.13.020; and for other specific reviews established by this title. (Ord. 2947 § 1 (part), 1986). 15.14.030 Application for Class (2) review. Applications for certificates of zoning review for Class (2) uses shall be made in writing to the planning department on forms supplied by the department. A general site plan conforming to the provisions of Section 15.11.040 shall accompany the application for Class (2) review. The planning department shall forward the application and site plan to the administrative official for review. The adminis- trative official may request any additional information under the provision of Section 15.11.020(2). (Ord. 2947 § 1 (part), 1986). 15.14.040 Review procedures. Upon receipt of a completed application for a Class (2) use, the administrative official shall proceed as follows: 1. Preliminary Decision. Within seven days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development should be approved, approved with conditions or denied. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title. If additional information is required by the administrative official, the preliminary decision on the application shall 15.14.010 be made within seven days of receipt of the additional infor- mation. 2. Notification of Adjacent Property Owners. When the administrative official's preliminary decision is to approve the application, or approve with conditions, he shall, within five days forward a notice of the proposal together with his preliminary decision and a copy of the preliminary site plan to all landowners within three hundred feet of the exterior boundaries of the development site. Such notice shall: a. Indicate that the attached site plan is preliminary and subject to change by the administrator as a condition of approval; and b. Solicit written comment on the proposal and specify a time period not less than twelve days from the date of mailing, during which written comment may be received and considered by him; and c. Indicate any standard proposed to be adjusted in accordance with Chapter 15.10; and d. State that copies of the administrative official's final decision shall be mailed by the administrative official; and e. The final decision of the administrative official is appealable to the hearing examiner for public hearing and review and such appeal shall be filed within fourteen days from the date of the administrative official's final decision. The administrative official may also, but is not required to, solicit comments from any other person or public agency he feels may be affected by the proposal. 3. Administrator's Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions: a. Approve the site plan and issue a certificate of zoning review; b. Establish conditions for approval, or require other changes in the proposed site plan; c. Authorize adjustment in the basic design standards in accordance with the provisions of Chapter 15.10; d. Request additional or more detailed information including but not limited to a written program for develop- ment; e. Refer the site plan to the hearing examiner for review, public hearing and decision; or f. Disapprove the site plan. A request by the reviewing official for additional or more detailed information shall be made within seven days from the end of the comment period. 4. Conditional Approval. The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title. 651 15.14.040 5. Findings and Conclusions. The administrative official shall prepare written fmdings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title upon which his decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the administrative official's decision complies with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 3019 § 51, 1987: Ord. 2947 § 1 (part), 1986). 15.14.050 Notification of final decision. The administrative official's final decision shall be issued within seven days from the end of the comment period, or, if additional information was requested, within seven days from the date the information was received by the reviewing official. The administrative official shall mail his other findings and decision to the applicant and to other parties receiving initial notice not later than three working days following the issuance of the final decision. The administrative official shall also specify that his decision is final unless appealed to the hearing examiner. (Ord. 3019 § 52, 1987; Ord. 2947 § 1 (part), 1986). 15.14.060 Issuance of a certificate of zoning review. No use requiring Class (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or devel- opment permit and does not by itself authorize the construc- tion or occupancy of any use or structure. 15.14.070 Appeals. Decisions by the administrative official under Class (2) review may be appealed to the hearing examiner in accor- dance with Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 652 Sections: 15.15.010 15.15.020 15.15.030 15.15.040 15.15.050 15.15.060 15.15.070 Chapter 15.15 CLASS (3) REVIEW Purpose. When required. Application for class (3) review. Review procedures. Notice of examiner's decision. Issuance of a certificate of zoning review. Appeals. 15.15.010 Purpose. This chapter establishes procedures for issuance of a certificate of zoning review for uses requiring class (3) review. (Ord. 2947 § 1 (part), 1986). 15.15.020 When required. Class (3) review is required for any proposed use shown on Table 4-1 as a class (3) use; for class (2) uses referred by the administrative official for class (3) review; and for other specific reviews established by this title. (Ord. 2947 § 1 (part), 1986). 15.15.030 Application for class (3) review. Applications for certificates of zoning review for class (3) uses shall be made in writing to the planning department on forms supplied by the department. A detailed site plan conforming to the provisions of Section 15.11.050 shall accompany the application for class (3) review. The plan- ning department shall forward the application and site plan to the bearing examiner for review. The planning department or hearing examiner may request any additional information necessary to clarify the application, or determine compliance with this title. (Ord. 2947 § 1 (part), 1986). 15.15.040 Review procedures. The following procedures will be followed for the review of class (3) uses: 1. Report of Planning Department. The planning department shall distribute copies of the site plan to other affected departments, agencies, and jurisdictions for review and comment and shall coordinate and assemble the com- ments received. These comments shall be included in a report prepared by the department summarizing the proposal and stating the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing copies of the planning department's report shall be filed with the examiner, mailed to the applicant, and made available for public inspection. 15.15.010 2. Public Hearing. The planning department shall be responsible for assigning a date for, and assuring due notice of, a public hearing for each application. Notice of the time and place of the public hearing shall be given as provided for in Table 11-2. The hearing examiner shall hold at least one public hearing prior to rendering any decision. The applicant shall appear in person or by agent or attorney. Failure to do so may constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person or by agent or attorney, or may submit written documents. 3. Examiner's Decision. Within ten days of the conclu- sion of a hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The hearing examiner may approve, deny, or conditionally approve the proposal. 4. Conditional Approval. The hearing examiner may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title. 5. Findings and Conclusions. The hearing examiner shall prepare written fmdings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title upon which his decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the hearing examiner' s decision complies with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 93-81 § 49, 1993; Ord. 2947 § 1 (part), 1986). 15.15.050 Notice of examiner's decision. Copies of the examiner's decision shall be sent by certified mail to the applicant and copies of a summary of decision by regular mail to other parties of record in the case not later than three working days following the rendering of a written decision by the examiner. Copies of the complete decision or summary decision will be made available upon request. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. (Ord. 93-81 § 50, 1993: Ord. 2947 § 1 (part), 1986). 15.15.060 Issuance of a certificate of zoning review. No use requiring review by the hearing examiner shall be entitled to a development permit until and unless the hearing examiner approves a fmal site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit 653 (Yakima 1-94) 15.15.060 and does not by itself authorize the construction or occupan- cy of any use or structure. (Ord. 2947 § 1 (part), 1986). 15.15.070 Appeals. Decisions by the hearing examiner under class (3) review may be appealed to the legislative body in accordance with Chapter 15.16. (Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 654 Sections: 15.16.010 15.16.020 15.16.030 15.16.040 15.16.050 15.16.060 15.16.070 15.16.080 Chapter 15.16 APPEALS Purpose. Appeals—Where filed. Appeal of decisions by the building official and administrative official. Appeal of decisions by the hearing examiner. Legislative body action on appeals. Appeal of decisions by the legislative body. Effect of appeals. Actions not appealable. 15.16.010 Purpose. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this title. (Ord. 2947 § 1 (part), 1986). 15.16.020 Appeals—Where filed. All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the planning department. The department shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 2947 § 1 (part), 1986). 15.16.030 Appeal of decisions by the building official and administrative official. A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person or agency directly affected by any decision of the building official or administrative official may appeal that decision to the hearing examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the building official or administrative official. Appeals shall be filed with the planning department. If a final decision does not require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision. C. Appeals Shall Be In Writing. All appeals shall be in writing on forms provided by the planning department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a department of the city or county. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban 15.16.010 area comprehensive plan, this title, or other provisions of law. D. Notice. The planning department shall set a reason- able time and place for hearing of the appeal and shall notify the adverse parties of record and the official whose decision is being appealed at least ten days prior to the hearing. Provided, that for the review of a decision of the administrative official made under Class (2) review, the notice prescribed for Class (2) review under this title shall be given. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. F. Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those points cited in the appeal application except for appeals of decisions of the administrative official made under Class (2) review in which case the appeal shall be de novo. The hewing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless a longer period is mutually agreed to by the applicant and the examiner. The hearing examiner may affirm, reverse, wholly or in part, or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed not later than three working days following the issuance of the final decision. G. Decisions by the Hearing Examiner Shall be Final Unless Appealed. Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclu- sive on all parties unless appealed to the legislative body under Section 15.16.040. (Ord. 3019 §§ 53, 54, 1987; Ord. 2947 § 1 (part), 1986). 655 15.16.040 Appeal of decisions by the hearing examiner. A. Appeals. The final decision of the hearing examiner on those applications listed in Section 15.20.050 C(1-) and on appeals made under Section 15.16.030 shall be final and conclusive unless it is appealed to the legislative body by a person aggrieved, or by any agency of the city/county, affected by the decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision. 15.16.040 2. The notice of appeal shall specify the claimed error(s) and issue(s) which the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the legislative body. B. Appeal Procedures. 1. The planning department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memoran- dum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the planning department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen -day extension of time within which written argument or memoranda must be submitted; provid- ed, that the request for extension is made no later than the last date the memoranda would otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memo- randa, written argument or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner. 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been jived. (Ord. 3019 § 55, 1987; Ord. 2947 § 1 (part), 15.16.050 Legislative body action on appeals. A. General. When the record and the examiner's decision has been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a public meeting by the legislative body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later than twenty days follow- ing the date the legislative body receives the information from the planning department. B. Public Notice Meeting on Appeals. The clerk of the legislative body shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the legislative body. C. Site Views. The legislative body may view the site. D. Scope of Review. Legislative body review of the facts shall be limited to evidence presented to the examiner. The legislative body may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided. E. Action on Appeal. At the public meeting the legisla- tive body may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner or remand the matter for further consider- ation or for purpose of taking and considering new factual evidence by the examiner. If the legislative body renders a decision different from the decision of the examiner, the legislative body shall adopt amended findings and conclu- sions accordingly. (Ord. 2947 § 1 (part), 1986). .15.16.060 Appeal of decisions made by the legislative body. The action of the legislative body on an appeal of the decision of the examiner shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the Superior court. (Ord. 2947 § 1 (part), 1986). 15.16.070 Effect of appeals. Filing of an appeal stays all actions of the building official on pending applications for development permits associated with the action or decision being appealed. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits or approvals. (Ord. 3019 § 56, 1987: Ord. 2947 § 1 (part), 1986). 656 15.16.080 Actions not appealable. A. Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 15.25 of this title. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 2947 § 1 (part), 1986). 657 15.16.080 (Yakima 8-96) 15.17.010 Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT Sections: 15.17.010 Purpose. 15.17.020 Modification to permitted development and uses regulated. 15.17.030 Exemptions. 15.17.040 Modification of approved and existing Class (1) uses development and approved and existing manufactured/mobile homes. 15.17.050 Modification of approved and existing Class (2) and (3) uses and development. 15.17.060 Appeals. 15.17.070 Fee credits for denied modifications. 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2) or (3) uses, and certain other modifications that may be administratively approved under the provisions of this chapter. (Ord. 3019 § 57, 1987: Ord. 2947 § 1 (part), 1986). 15.17.020 Modification to permitted develop- ment and uses regulated. All modifications to existing or approved Class (1), (2) or (3) uses or development are subject to and shall be reviewed under the provisions of this chapter, provided, that an applicant may apply directly for Class (2) or (3) review. Any required time extensions for completion of required improvements or conditions shall be made and considered in accordance with the procedures established in Section 15.12.060(C) for extending development per- mits. Changes in nonconforming uses and expansions of nonconforming structures are subject to the provisions of Chapter 15.19, except that a structure that is nonconform- ing only by reason of excess building height or substan- dard setbacks may be altered or expanded under the modification provisions of Section 15.17.050 when: The alteration or expansion: (1) does not increase the degree of nonconformity; and (2) complies with development standards of the district in which it is located; and, (3) the nonconforming structure is occupied by a Class (1) or Class (2) use or a single-family dwelling or duplex; and, (4) in the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion (Yakima 8-96) is fifty percent or less of the existing building area. Uses or development not legally established prior to or under this title may not be changed or modified under this chapter. (Ord. 3019 § 58, 1987: Ord. 2947 § 1 (part), 1986). 15.17.030 Exemptions. The following modifications are exempt from the review provisions of this chapter and title; provided, that they do not involve a required site improvement 1. Normal structural repair and maintenance; 2. Changes to conforming structures which do not involve any structural alteration as defined by this title including the rehabilitation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; 3. Alteration to land, including grading, leveling, paving, or excavation, the fair market value of which is less than five hundred dollars; 4. The placement of a sign in conformance with the sign standards in Chapter 15.08; 5. Other items exempt under Section 15.12.020(C). (Ord. 3019 § 57, 1987: Ord. 2947 § 1 (part), 1986). 15.17.040 Modification of approved and existing Class (1) uses development and approved and existing manufactured/ mobile homes. A. Review of proposed modifications to approved Class (1) uses and to existing Class (1) uses and which do not require Class (2) or (3) review shall be conducted by the building official under the provisions of Chapter 15.13. The provisions of Chapter 15.13 shall also be used to review the replacement of: 1. A nonconforming mobile home on an individual lot with another mobile home that is newer and the same size or larger; 2. A nonconforming mobile home on an individual lot with a manufactured home; 3. A manufactured home with another manufactured home that is newer and the same size or larger. B. The modification provisions of Section 15.17.050 shall be used to review the replacement of: 1. A nonconforming mobile home on an individual lot with another mobile home that is older or smaller; 2. A manufactured home with another manufactured home that is older or smaller. (Ord. 3106 § 25, 1988: Ord. 3019 § 60, 1987: Ord. 2947 § 1 (part), 1986). 658 15.17.050 Modification of approved and existing Class (2) and (3) uses and development. A. Application. Requests for modification to existing uses or development requiring Class (2) r r (3) review, and uses and developments approved after (3) review or administrative adjustments to Class (1) or (2) uses, shall be made in writing to the planning depart- ment on forms supplied by the department and in accor- dance with the general procedures of Chapter 15.11. A site plan conforming to the provisions of Section 15.11.040 shall accompany the application. In the case of an approved Class (2) or (3) use ordsevelop meed, the site he the plan shall be the site plan previously app reviewing official. The site plan shall also show the location, size, and type of modification proposed by the applicant. B. Determination. Modifications to existing uses or development requiring Class (2) or (3) review or uses and developments approved after Class (2) and (3)ed by the eview, may be administratively and summarily app planning department if the department determines: 1. Any proposed change in the site design or ar- rangement a. Will not increase residential density; and b. Will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmo- sphere and cold storage warehouses may be increased by up to twenty spaces; and special condition c. Will not change or modify any previously imposed under Class (1), (2) or (3) review; and d. Will not increase the height of any structure; and e. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and f. Will not expand an existing nonconforming use, except as provided for in Section 15.17.020, or render a conforming structure nonconforming; and department g. In the determination of the planning de p will not create or materially increase any adverse impacts or undesirable effects of the project. 2. Any new use or change in use proposed: a. Is a Class (1) or (2) use in that particular district; and b. Is similar in character and hours to the operation and the use originally approved or existing; and c. The off-street parking and sitescreening require- ments for the new use are equal to or less than the exist- ing use; 15.17.050 3. All proposed new structures, site improvements, or structural alterations to existing structures or site im- provements comply with the development standards of Chapters 15.05 through 15.08. Any proposed modification that does not meet all the requirements of this subsection shall be denied and be subject to the review procedures of Chapter 15.14 for modifications of Class (1) and (2) uses and Chapter 15.15 for modifications of Class (3) uses. C. Decision and Notification of Decision. The plan- ning department shall make and issue a written decision with simple findings and reasons for such decision within ten days following the receipt of the completed applica- tion for modification of development. The department shall mail its decision to the applicant. Denials shall be final unless the applicant, within fourteen (14) days of the mailing of the decision: (1) files a proper application for Class (2) or (3) review as appro- priate, or (2) appeals the decision. Decisions to administratively approve modifications shall constitute a certificate of zoning review and shall be forwarded immediately to the building official for the issuance of a development permit. In the issuance of a decision to administratively approve a modification, the planning department has the authority to impose condi- tions necessary to assure compliance with the develop- ment and design standards of Chapters 15.05 through 15.08 as would be allowed to the building official. How- ever, the planning department has no authority to impose special conditions of approval or to adjust site design or development standards. (Ord. 95-13 § 8, 1995; Ord. 93- 81 § 51, 1993: Ord. 3019 §§ 61, 62, 1987; Ord. 2947 § 1 (part), 1986). 15.17.060 Appeals. Decisions by the planning department regarding approval or denial of administrative modifications may be appealed to the hearing examiner under the provisions of Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 15.17.070 Fee credits for denied modifications. In the event of denial of an application for adminis- trative modification and if application for Class (2) or (3) review is made by the applicant within fourteen days of said denial, he shall receive a credit towards the required fee for such review in the amount of the fee submitted with the application for administrative modification. This provision shall not apply in the event that any appeal of the denial is taken under Section 15.17.060. (Ord. 2947 § 1 (part), 1986). 659 (Yakima 8-96) 15.18.010 Chapter 15.18 EXISTING USES AND DEVELOPMENT Sections: 15.18.010 15.18.020 15.18.030 15.18.040 15.18.050 Purpose and intent. Continuation of existing Class (1), (2) and (3) uses. Continuation of planned developments—Limitations. Continuation of construction started. Modifications to an existing Class (1), (2) or (3) use. 15.18.010 Purpose and intent. Within the zoning districts established by this title, or zoning district amendments that may later be adopted, there may exist uses that were legally established prior to the effective date of this title that are classified oe uunder Chapter 15.04 of this title as a Class (1), use in a particular zoning district. This chapter provides for the continuation of these existing uses even though they have not been through Class (1), (2) or (3) review may not conform to the development standards of this title. (Ord. 2947 § 1 (part), 1986). 15.18.020 Continuation of existing Class (1), (2) and (3) uses. A. Generally. Existing uses shall be permitted to continue provided they remain otherwise lawful. B. Continuation When an Existing Class (1), (2) or (3) Use is Damaged. Any existing use, including an existing Class (2) or (3) use, that is damaged or destroyed may be replaced as it was immediately prior to the dam- age after review by the building official. Provided, that if the existing use is in a nonconforming structure, recon- struction of the structure shall occur in accordance with the provisions of Section 15.19.060(C) and (D). (Ord. 2947 § 1 (part), 1986). 15.18.030 Continuation of planned developments—Limitations. At the time of the effective date of this title there will exist certain uses which have previously been approved and/or constructed in whole or in part as planned ve l- opments under the provisions of preexisting ordinances. This section shall cover the continuation and future use, occupancy, maintenance, modification, and regulation of these special developments and supercedes the terms and provisions of any previous ordinance authorizing or approving said developments. 1. General Policy and Intent. Previously processed and approved planned developments shall be allowed to (Yakima 8-96) continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and planned development program. Any modifications or changes to such planned development shall, however, render the entire development subject to the provisions of this title. 2. Designation of Planned Developments for the Purpose of Future Modifications. For purposes of future modifications, previously approved planned developments which would constitute and can be classified as a Class (1), (2) or (3) use under the provisions of this title shall, in conjunction with the terms and conditions of their ap- proval, be considered and are hereby declared to be ap- proved Class (1), (2) and (3) uses. Previously approved planned developments which by use would not be classi- fied as a Class (1), (2) or (3) use shall be considered and are hereby declared to be nonconforming uses. 3. Compliance with Terms and Conditions of Ap- proval Required. The terms, conditions, and provisions of the site plan, planned development program, and enacting ordinance of any previously approved planned development are declared to be and shall remain in full force and effect as the binding site plan and conditions of approval for said development. Noncompliance there- with is a violation of the provisions of this title and subject to the penalties and enforcement provisions here- in. 4. Completion of Planned Developments Required Within Two Years. All previously approved planned developments which have not been fully constructed and completed in accordance with the terms and conditions of approval under the provisions of its enacting ordi- nance, site plan, and program, shall be fully completed and constructed in accordance with those terms, condi- tions, and provisions within two years of the effective date of this title. Failure to so complete any previously approved plan development shall constitute a forfeiture of all rights, privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one year by the administrative official for good cause not within the control of the applicant, devel- oper, or owner of said planned development. Upon any forfeiture under the provisions of this subsection, all further development, including the use, or occupancy of any land or structure, or the completion of any structure, is subject to full compliance with the terms and provi- sions of this title. 5. Voluntary Dissolution of Planned Development. By mutual agreement of the administrative official and property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a previ- ously approved planned development. Such requests for forfei- 660 ture shall be submitted in writing to the administrative official. Upon written approval by the administrative official said planned development shall beiss 1986). 15.18.040 declared null and void. (Ord. 2947 § 1 (part), e 15.18.040 Continuation of construction started. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construc- tion was lawfully begun prior to the effective date of this title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure for which there exists on the effec- tive date of this title a valid and legally issued pe Provided, that actual construction commeenar ces during the effective effective period of such permit orunderceed this Section date of this title. Authority to pdone lawfully and is conditioned on all work being car- ried on diligently until completion and failure to do so shall constitute a forfeiture of such rights. (Ord. 2947 § 1 (part), 1986). 15.18.050 Modifications to an existing Class (1) (2) or (3) use. Modifications to an existing Class (1), (2) or (3) use shall be made in accordance with Chapter 15.17. (Ord. 2947 § 1 (part), 1986). 661 15.18.030 (Yakima 5 -OO) 15.19.010 Chapter 15.19 NONCONFORMING USES AND STRUCTURES Sections: 15.19.010 Purpose and intent. 15.19.020 Illegal uses, structures and lots not permitted. 15.19.030 Establishment. lots of 15.19.040 Development on existing record. 15.19.050 Continuation of nonconforming uses. 15.19.060 Nonconforming structures. 15.19.070 Change from a nonconforming use to a Class (1), (2) () 15.19.080 Change from a nonconforming use to another nonconforming use -- Expansion of a nonconforming use or structure. 15.19.090 Modifications of an approved site plan for a nonconforming use or structure. 15.19.100 Discontinuance of a nonconforming use or structure. 15.19.110 Sale of a nonconforming use or structure. 15.19.010 Purpose and intent. Within the districts established by this title, or amend- ments that may later be adopted, there may exist lots, structures, and uses which were lawful before this title was adopted or amended, but because of the application of this title, no longer conform to the provisions and standards of the district in which they are located. This chapter provides for the regulation of these legal noncon- forming lots, structures, and uses, and specifies those circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and expand. Except as otherwise provided, it is the intent of this title to permit legal nonconforming uses or structures to continue to exist without specific limitations as to time. Modifications or changes to or involving such nonconformities are subject to the provision and 2947 §es of this title. (Ord. 3019 § 63 (part), (part), 1986). 15.19.020 Illegal uses, structures and lots not permitted. Structures, lots, required site improvements, uses and/or developments which were not legally established or existing as of the effective date of this title retain their Ori 5-00) illegal static and must be abated or fully conform and comply with the procedural and substantive provisions of this title. (Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.030 Establishment. The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the county/city. Upon request, the administrative official shall assist the property owner in locating public records which pertain to the legal status of the nonconformity. (Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.040 Development on existing lots of re- cord. In any district, any permitted use or structure may be erected on any existing lot or parcel. Provided that no zero lot line, common wall, duplex or multifamily devel- opment shall be allowed on existing lots of record in the SR and R-1 zones unless the lot conforms to the mini- mum lot size requirements in Table 5-2 or the develop- ment involves the replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multifamily development. This section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district. Provided, that the setback dimensions of the structure shall conform to the regulations of the zoning district in which the lot is situated. Section 15.05.020 B contains additional provisions for develop- ment on nonconforming lots. (Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.050 Continuation of nonconforming uses. A. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of Sections 15.19.070 or 15.19.080. B. Continuation When a Nonconforming Use is Dam- aged or Destroyed. When a nonconforming use and associated structure are damaged, the nonconforming use may be replaced as it was prior to the damage. If the structure was also nonconforming, the structure may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming in accordance with Section 15.19.060 C. (Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 662 15.19.060 Nonconforming structures. A. Generally. Any legal nonconforming structure may continue non- continue so long as it remains otherwise el lfe.Ano conforming structure other than eq of any improve- ment may be included in and/or changed as part development, or modification to developmenes t, provisions t to review and approval under the pro of this title. B. Maintenance of a Nonconforming Structure. Noth- ing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing. Provided, that the value of work and materials in any twelve-month period does not exceed twenty-five snt of e percent of the value of thnstructure sh work. This chapter nt ICBO construction tables p is not intended to apply to the rehabilitation of dwelling unit(s) when such rehabilitation does ry expandxanhe number of dwelling units nor physically structure. C. Reconstruction of a Nonconforming . SStructure. When a nonconforming structure is damagedor de- stroyed, the building official shall issue a development permit allowing the structure to be rebuilt as it twis im- mediately prior to the damage or in a manner nonconforming. Provided, no reconstruction of a noncon- forming structure shall be performed without the issuance of a development permit by the building official. Appli- cations and permits for such reconstruction shall be made in accordance with Chapters 15.11 and 15.12 ot title except that no certificate of zoninreviewthe siirequir d. The property owner shall provideofficial thaat ion necessary to reasonably assure the building es with tht the reconstruction being authorized comp section. The information provided shall include, but not be limited to: (1) a general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being dam- aged; and, (2) where a nonconforming use is involved, a written narrative describing the use or uses that existed immediately prior to damage; and, (3) an affidavit or certificate that the narrative and site plan accurately represent the nonconforming struck and/or use as they were immediately prior to damage. The building official may approve reconstruction in conformance with the site plan or in a manner that is more conforming with district in which provisions and standards of official determines the it is located. If the building sthatof the requested reconstruction amounts to an expansionlioftthe nonconforming structure he shall forward the application to the hearing examiner for review under the1998:provisions (Ord. of Section 15.19.080. (Ord. 98-57 § 1 (pa1986). 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 15.19.070 15.19.060 Change from a nonconforming use to a Class (1), (2) or (3) use. The following procedures shall be followed for chang- ing a nonconforming use to a Class (1), (2) or (3) use: 1. Change to a Class (1) Use. Application for chang- ing a nonconforming use to a Class (1) use shall be made under the provisions of Chapter 15.13 Class (1) review. 2. Change to a Class (2) Use. Application for chang- ing a nonconforming use to a Class (2) use shall be made and reviewed under the provisions of Chapterass se (2) Review. The administrative official may approve proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district and the provisions and standards established herein. 3. Change to a Class (3) PP Use. Application for chang- ing use shall abe e mad ing a nonconforming use to a Class (3) and reviewed under the provisions of Chapter be15 Class made (3) Review. The hearing examiner shall hold at least one public hearing on the proposed change prior to rendering a decision. The hearing examiner may approVe the pro- posed Class (3) use when he determines it is compatible with the objectives of the Yakima urban area comprehen- sive plan and the purpose and intent of this title.>Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 98 15.19.080 Change from a nonconforming use to another nonconforming use— Expansion of a nonconforming use or structure. The following procedures shall be followed to changee a nonconforming use to a different nonconforming expand a nonconforming use throughout a structure, expand a nonconforming structure or use throughout• a lot or onto an adjoining lot. These procedures shall be used to expand a nonconforming structure throughout a lot. Provided, a structure that is nonconforming only by reason of excessive building height or substandard set- backs or is a nonconforming single-family dwelling, may be altered or expanded under the modification provisions of Section 15.17.050 when: the alteration or exp of the (1) does not increase the degree of nonconformity structure; and, (2) complies with development standards of the district in which it is located; and, (3) the noncon- forming structure is occupied by a Class (1) or Class (2) use or is a single-family dwelling or duplex; and, (4) in the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty per- cent or less of the existing building area. The provisions of Section 15.17.050 shall also beed forr the reconstruction of a nonconforming g dwelling. 663 (Yakima 5-00) 15.19.080 1. Application. The application procedures shall be the same as those established in Section 15.15.030 for Class (3) uses. A detailed site plan conforming to the provisions of Section 15.11.050 shall accompany any applications required by this section. 2. Public Hearing and Review. The planning depart- ment shall review and process the application under the provisions of Section 15.15.040. The hearing examiner shall hold at least one public hearing. Within ten days after the public hearing, unless a longer period is agreed to on the record or in writing by the applicant, the hear- ing examiner shall render a written decision. 3. Conditions for Approval. The hearing examiner may grant the relief requested if he finds all of the fol- lowing: ruction or st a. That the expansion, change, recons replacement requested would not be contrary the public health, safety or welfare; and b. That the proposed expansion, change, reconstruc- tion or replacement is compatible with the character of the neighborhood; and, in the case of an exxpanssiion or change, does not significantly jeopardizene develop- ment nop- ment of the area in compliance with the provisions and the intent of the zoning district; and c. That the significance of the applicant's hardshipoverbalances, is more compelling than, and reasonably the public interest resulting from denial of the relief requested; and d. That the use or structure was lawful at the time of its inception; and e. That the value of nearby properties will not be pe significantly depressed by approving requested expan- sion, be sion, change, reconstruction or replacement. The expansion, change, reconstruction or replacement requested shall be denied if the hearing examiner finds that one or more of the provisions in subsection 3 a through e of this section are not met. examiner 4. Findings and Conclusions. The hearing shall prepare written findings and conclusions stating the specific reasons for his decision to approve, approve with conditions, or deny the application. The findings shall include the hearing examiner's determination regarding compliance of the proposed expansion, change, recon- struction or replacement with the criteria established in subsection 3 above. The hearing examiner shall issue a certificate of zoning review in accordance with Section 15.15.060 upon approval of an application and accompa- nying site plan. a change 5. Conditional Approval. When approving in, or the expansion, reconstruction, or replacement ofea nonconforming use or structure, the hearing r may attach conditions to the proposed change, expansion, replacement or reconstruction or any other part of the development in order to assure that the development is improved, arranged and screened to be compatible with the objectives of the Yakima urbareaeac(Ord. comprehensive plan, this title, and neighboring land . he -7 § 1 (part), 1998: Ord. 3019 § 63 (part), 19Ord. 2947 § 1 (part), 1986). 15.19.090 Modifications of an approved site plan for a nonconforming use or structure. Site plans approved for the change, expansion, recon- struction or replacement of a nonconforming use or stricture may be modified under the provisions of Ord.h7 ap- terr 15.17. (Ord. 3019 § 63 (part), 19 (part), 1986). pry 5-00) 15.19.100 Discontinuance of a nonconforming use or structure. A nonconforming use or structure shall become dis- continued when it is: 1. Succeeded by a Class (1), (2) or (3) use; or 2. Succeeded by another use or structure that is less nonconforming; or 3. Discontinued and not reestablished within eighteen months, unless an extension is granted by the administra- tive official upon proper application. Denials of such requested extensions may be appealed in the same man- ner as Class 2 decisions under Chapter 15.14 YMC; or 4. Damaged and application for rebuilding or re- placement is not made within eighteen months of such damage or resolution of court litigation or insurance settlement. When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus loses its status as a legal nonconforming subsequent use shall conform to the provisions of the use district in which it is located. 187 Ord 2947 98-57 §§ 1 (part), 1998: Ord. 3019 § 63 (part), 1986). 15.19.110 Sale of a nonconforming use or structure. Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or use of a nonconforming structure. (Ord. 2947 § 1 (part), 1986). 664 Chapter 15.20 ADMINISTRATION Section: 15.20.010 Purpose. 15.20.020 Building and enforcement official—Duties and powers. 15.20.030 Planning department—Duties and powers. 15.20.040 Administrative official—Duties and powers. 15.20.050 Hearing examiner—Duties and powers. ion. 15.20.060 Regional planning commis 15.20.070 Legislative body. 15.20.080 No personal liability for acts or omissions. 15.20.090 Coordination with county/city. 15.20.100 Entrance onto private property. 15.20.110 Statement of zoning district by city or county officials/reliance limited. 15.20.120 Computation of time. 15.20.010 5. Stop, by written order, work being done contrary to the development permit or to this title. Such written order, posted on the premise involved, shall not be re- moved except by order of the building official. Removal without such order shall constitute a violation of this title; 6. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or occupancy of a structure or land, and/or restrain, correct, or abate such violation; 7. Perform any other act or duty authorized or as- signed to him under provisions of this title; All decisions of the building and enforcement official shall be final unless appealed to the hearing examiner under Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 15.20.010 PurpOSe. The purpose of this chapter is to define the respon- sibilities, and requirements of thifor thes (Ord. 2947 § en- forcement, and interpretation 1 (part), 1986). 15.20.020 Building and enforcement official— Duties and powers. A. Office Established. The building and enforcement official (building official) shall be that person designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title, or his designee. B. Authority and Duties. The building ande official shall have the following powers respon- sibilities: applications for 1. Receive, examine, and process pP class (1) uses; uses in 2. Issue development permits for class (1) compliance with the provisions of this title. Development permits for uses requiring review and approval by the ad- ministrative official or hearing examiner shall be issued only after receipt of a certificate of zoning review from the reviewing official; 3. Conduct inspections to determine compliance or noncompliance with the terms of this title; 4. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application; 15.20.030 Planning department—Duties and powers. A. The planning department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; applications for per- mits, Receive, record and file all app pe - mits, approvals or other action, including class (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved class (2) and (3) uses and existing class (1), (2) and (3) uses under the provisions of Chapter 15.17; 4. Provide staff support to the regional planning commission on all long range planning matters and pro- posed ordinance amendments; 5. Immediately change the official zoning (ficial to accurately reflect any amendments made by action of the legislative body; 6. Provide staff support to the hearing examiner, and legislative body; 7. Perform any other act or duty authorized or as- signed to it under the provisions of this title; 8. Maintain the official index of all permits 8 and approvals under this title. (Ord. 2947 § 1 (part), 6). 15.20.040 Administrative official Duties and powers. A. Office Established. The administrative official shall be the director of the planning department or his designated representative. B. Authority and Duties. The administrative official shall have the following powers and responsibilities: 1. Receive, review and adjudicate all site plans requiring class (2) review; 665 (Yakima 5-00) 2. Receive, review and decide applications for tempo- rary hardship unit permits, basic design standard adjustments and any other application for permit or approval assigned to him under provisions of this title; 3. Perform any other function or duty authorized or assigned to him under the provisions of this title; Decisions of the administrative official may be appealed to the hearing examiner under Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 15.20.050 Hearing examiner—Duties and powers. A. Office. The office of hearing examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term hearing examiner as used herein shall include deputy examiners and examiners pro tem. The hearing examiner shall be jointly hired and appointed by the city of Yakima and Yakima County. B. Authority and Duties. The examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions. (1) The decision of the hearing examiner on the follow- ing matters shall be final unless such decision is appealed to the legislative body pursuant to section 15.16.040: a. Class (3) review decisions; b. Variance requests; c. Home occupations; d. Revocation proceedings under Chapter 15.24 of this title; e. Nonconforming uses; f. Appeals of decisions by the building official or administrative official; and, g. Any other authorized decision not expressly listed in subsection C2 of this section. (2) The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body. Provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan or which are of broad general applicability shall be heard by the regional planning com- mission. (Ord. 2947 § 1 (part), 1986). 15.20.060 Regional planning commission. A. Establishment and Jurisdiction. The regional planning commission was established by the Yakima urban area regional planning agreement in 1977. The commission is organized under RCW Chapter 36.70 and serves as a citizen advisory group to the legislative bodies on long range planning matters. 15.20.040 B. Authority and Duties. 1. As the long-range planning body for the Yakima urban area, the regional planning commission shall monitor the growth and development of the Yakima urban area and continually reevaluate and recommend revisions to the Yakima urban area comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the joint board at least once every five years commencing on the date of enactment of this title. This five year report shall: a. Analyze the extent to which development has actually occurred in the Yakima urban area and evaluate this title in terms of its ability to guide growth in confor- mance with the Yakima urban area comprehensive plan, b. Recommend any changes in the zoning map which may be required in order to accommodate expected residen- tial, commercial and industrial development in the Yakima urban area over the next 20 years, c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review, 5. Advise the legislative body on land use matters, 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner, 7. Perform any other function authorized by law. (Ord. 2947 § 1 (part), 1986). 15.20.070 Legislative body. A. Authority and Duties. The legislative body shall have the following authority and duties: 1. Decide appeals from the hearing examiner as speci- fied in Chapter 15.16; 2. Amend this title through the procedures outlined in Chapter 15.23 of this title; 3. Amend the Yakima urban area comprehensive plan; 4. Perform any other act or duty authorized by law. (Ord. 2947 § 1 (part), 1986). 667 15.20.080 No personal Liability for acts or omissions. Farb person responsible for the enforcement or adminis- tration of this title and each official responsible for making any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsi- 15.20.080 bilities. If the person or member is sued for acts or omis- sions occurring in good faith discharge of his or her respon- sibilities, the county/city shall defend and provide legal representation of the person or member until final disposi- tion of the proceedings. The county/city shall reimburse the person or official for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his or her duties. (Ord. 2947 § 1 (part), 1986). 15.20.090 Coordination with county/city. A. Purpose. While this title is enacted and administered separately by the city of Yakima/county of Yakima, it constitutes a significant joint planning effort and the further- ance of jointly developed and adopted land use policies and ordinances within the Yakima urban area. The purpose of this section is to encourage and to authorize officials performing duties and responsibilities under this title to solicit and consider comments from the other entity and to authorize the recognition of the joint nature of this ordinance as a factor in decision making. B. Coordinated Administration. Any official performing duties or responsibilities under the provisions of this title may solicit, receive, and consider comments by the coun- ty/city, in any interpretive, administrative, enforcement, permit or approval, or other decision under the terms of this title. Uniform and coordinated administration, enforce- ment, and decision making under the terms of this title between the city of Yakima and county of Yakima is declared to be a significant policy/goal of this title and may be considered as a factor in any interpretive, adminis- trative, enforcement, quasi-judicial, or legislative decision under the provisions of this title. (Ord. 2947 § 1 (part), 1986). 15.20.100 Entrance onto private property. The planning department and any reviewing official, or their authorized representatives, shall have the right of entry onto any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or required under the provisions of this title for the purpose of inspecting and reviewing the premises in question. This right of entry extends to any employee, officer, or other person in the company of such authorized persons. (Ord. 2947 § 1 (part), 1986). 15.20.110 Statement of zoning district by city or county officials/reliance limited. Any person wishing to know and inquire of the coun- ty/city as to the official zoning district classification allowed by this title for a specific parcel of property may submit a written request for such information to the appropriate planning department on fortis prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel involved. The planning depart- ment shall respond to such requests and designate, if possible, the official zoning classification of such property. No person contemplating the sale or purchase of any property, nor any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written representation of zoning district classification by any county/city employee or official except when an official statement of zoning classification is issued in writing under the provisions of this section. (Ord. 2947 § 1 (part), 1986). 15.20.120 Computation of time. In computing any period of time prescribed or allowed by this title the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holi- day, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (Ord. 2947 § 1 (part), 1986). 668 Sections: 15.21.010 15.21.020 15.21.030 15.21.040 15.21.050 15.21.060 15.21.070 15.21.080 Chapter 15.21 VARIANCES Purpose. Application. Criteria for variance approval. Additional criteria for variance approval in the floodplain and airport overlay districts. Public hearing by the hearing examiner. Action by the hearing examiner. Notice of examiner's decision. Appeals. 15.21.010 Purpose. The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title. Provided, such variance would not be contrary to the public interest and the strict applica- tion of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the proper- ty. It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the property. (Ord. 2947 § 1 (part), 1986). 15.21.020 Application. A written application requesting a variance shall be submitted to the planning department under the applicable provisions of Chapter 15.11. (Ord. 2947 § 1 (part), 1986). 15.21.030 Criteria for variance approval. A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public interest, is not self-created, and that practical diffi- culty and unnecessary hardship will result if it is not granted. The applicant must clearly establish and substantiate that the request for variance conforms to all the require- ments and standards listed below: 1. That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhod or otherwise detrimental to the public welfare; 2. That granting the variance will not permit the establishment of any use not permitted in a particular zoning district; 3. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the 15.21.010 findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure; 4. That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be estab- lished on this basis by one who purchases without knowl- edge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property in question and evidence of variance granted under similar circumstance shall not be considered. Neither nonconforming uses or neighboring lands or struc- tures, nor buildings in other zoning districts, shall be con- sidered as controlling factors for the issuance of a variance; 5. That granting of the variance is necessary for the reasonable use of the land or structure and that the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose. (Ord. 3019 § 64, 1987: Ord. 2947 § 1 (part), 1986). 15.21.040 Additional criteria for variance .approval in the floodplain and airport overlay districts. When considering a variance in the floodplain and airport overlay districts, the hearing examiner shall consider, in addition to the conditions in Section 15.21.030, all technical evaluations, standards applying to the overlay district, and: (1) the danger to life and property due to flooding or airport conflicts; (2) the importance of the services provided by the proposed use to the community; (3) the necessity to the facility of a waterfront or airport location; (4) the availability of alternative locations for the proposed use which are not subject to flooding or airport hazards; (5) the compatibility of the proposed use with existing and anticipated development; and (6) the relationship of the proposed use to the airport master plan and floodplain management program. (Ord. 2947 § 1 (part), 1986). 15.21.050 Public hearing by the hearing examiner. A public hearing shall be held and notice provided under the provisions of Chapter 15.11. The applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in 669 15.21.050 person or by agent or attorney, or may submit any written comments. (Ord. 2947 § 1 (part), 1986). 15.21.060 Action by the hearing examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to the record or in writing by the applicant, the hearing examiner shall file a written on decision that shall include the following considerations: 1. The testimony at the public hearing; 2. The extent to which the proposed variance is in compliance with the requirements of Section 15.21.030 and Section 15.21.040, if applicable; 3. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, or structure; and 4. The consistency of the variance with the general purpose and intent of this title. The hearing examiner may attach conditions to the approval of a variance to minimize the impacts of such approval on the neighborhood. The application for a vari- ance shall be denied if the hearing examiner finds that one or more of the provisions of Section 15.21.030 are not met. (Ord. 2947 § 1 (part), 1986). 15.21.070 Notice of examiner's decision. Copies of the examiner's decision shall be mailed to the applicant and to other parties of record not later than three days following the filing of the decision. "Parties of record" shall include the applicant and all other persons who specifically request notice of the decision by signing a register provided for such purpose at the public hearing. (Ord. 2947 § 1 (part), 1986). 15.21.080 Appeals. Decisions by the hearing examiner may be appealed to the legislative body in accordance with Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 670 Chapter 15.22 INTERPRETATIONS Sections: 15.22.010 Purpose. 15.22.020 Written request for interpretation. 15.22.030 Review by the hearing examiner. 15.22.040 Notice of examiner's decision. 15.22.050 Use interpretations. district 15.22.060 Interpretations of zoning boundaries. 15.22.070 Appeals. 15.22.010 days from the date of his receipt of an application for interpretation or such longer period of time as may be agreed to by the applicant. The hearing examiner shall clearlystateis the ea analysis ed and and reasons upon which any interpretation if the interpretation is a use interpretation, how the inter- pretation is consistent with the specific conditions estab- lished in Section 15.22.050. each The planning department shall keep a copy of for interpretation on file and shall make a copy available public inspection during regular business hours. (Ord. 2947 § 1 (part), 1986). 15.22.010 PurpoSe. The purpose of this chapter is to define the responsibili- ties, rules and procedures for clarifying the text of this title, the zoning map which it incorporates, and the rules and regulations adopted pursuant to it. (Ord. 2947 § 1 (part), 1986). 15.22.020 Written request for interpretation. A written request for interpretation of any provision of this title, use or nonuse, the zoning map, or any rule or regulation adopted pursuant to this title shall be submitted to the planning department. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. (Ord. 93-81 § 52, 1993: Ord. 2947 § 1 (part), 1986). 15.22.030 Review by the hearing examiner. The planning department shall within five days of the receipt of any request for interpretation forward all applica- tions for interpretation to the hearing examiner for decision. The hearing examiner may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment In addition, the hearing examiner may, at his sole discretion, schedule and hold a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpreta- tion nterpretstion shall be mailed to the person requesting the interpre- tation and published once at least ten days prior to the hearing. (Ord. 3019 § 65, 1987: Ord. 2947 § 1 (part), 1986). 15.22.040 Notice of examiner's decision. The hearing examiner shall mail a written copy of his interpretation to the applicant, the Yakima County planning department, the city of Yakima department of community and economic development, and their respective administra- tive dministrative officials. Such notice shall be provided within thirty 15.22.050 Use interpretations. The following conditions shall govern the hearing examiner in issuing use interpretations (also see Section 15.04.040, Unclassified uses): the location or 1. No use interpretation shall vary review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2. use in any 2. No use interpretation shall permit any zoning district unless evidence is presented which demon- strates that it will comply with the intent and development standards established for the particular district. s trict. (Ord. 3019 § 66, 1987: Ord. 294'7 § 1 (part), ). Interpretations of zoning district boundaries. The hearing examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The hearing examiner shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map: 1. Boundaries shown as following or approximately following the city limits, platted lot lines, or section lines, half -section lines, or quarter section lines shall be construed as following such lines. approximately 2. Boundaries shown as following or app Y following streets shall be construed to follow the centerlines of such streets. approximately 3. Boundaries shown as following or app Y following railroad lines shall be construed to lie midway between the main tracks of such railroad lines. 4. Boundaries shown as following or approximately following shorelines of lakes, rivers and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline. approximately 5. Boundaries shown as following or app Y following the centerline of streams, rivers, lakes or canals shall be construed as following such centerlines. In the event of a natural change in the location of such streams, 15.22.060 671 (Yakima 1-94) 15.22.060 rivers, or other water courses, the zoning boundary shall be construed as moving with the channel centerline. 6. Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. (Ord. 2947 § 1 (part), 1986). 15.22.070 Appeals. The hearing examiner's decision on an interpretation may be appealed under the provisions of Chapter 15.16. (Ord. 2947 § 1 (part), 1986). (Yakima 1-94) 672 Chapter 15.23 AMENDMENTS AND REZONES Sections: 15.23.010 15.23.020 15.23.030 15.23.040 15.23.050 Purpose. Text amendments. Rezones—.Zoning map amendments. Appeals. Classification of annexed lands. 15.23.010 Purpose. From time to time a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals and policies of the Yakima urban area comprehensive plan and the intent of this title. (Ord. 2947 § 1 (part), 1986). 15.23.020 Text amendments. A. Initiation. An amendment to the text, standards, procedures or other provisions of this title may be initiated by action of the legislative body with jurisdiction or the regional planning commission. B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with jurisdiction after a recommendation thereon from the regional planning commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 36.70 as it now exists oris hereafter amended. (Ord. 2947 § 1 (part), 1986). 15.23.030 Rezones—Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the regional planning commission; or 2. A rezone application filed by the property owner(s). B. Application. All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of Section 15.11.080. The application shall include the information required in Section 15.11.030 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner for public hearing and review. Provided, that rezone applications initiated by the city or county to imple- ment a newly adopted or amended comprehensive plan, or which are of broad general applicability shall be heard 15.23.010 by the regional planning commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Recommendation by the Regional Planning Commis- sion. The regional planning commission, may if requested by the hearing examiner, submit a recommendation on the proposed rezone to the hearing examiner prior to the issuance of his decision. The recommendation of the regional planning commission shall in no way be binding on the hearing examiner. E. Decision by the Hearing Examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommen- dation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and, 7. The public need for the proposed change. Notice of the hearing examiner's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body. F. Action by the Legislative Body. Upon receipt of the hearing examiner's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 15.11.090. In either case, the findings of the legislative body shall include the considerations established in subsec- tion (E) of this section. 673 15.23.030 G. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practica- ble and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 3019 § 67, 1987: Ord. 2947 § 1 (part), 1986). 15.23.040 Appeals. The decision of the legislative body shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 2947 § 1 (part), 1986). 15.23.050 Classification of annexed lands. The zoning of land hereafter annexed to the City of Yakima shall not change upon annexation. Provided the city council may initiate and consider a rezone of the property proposed for annexation under the provisions of Chapter 15.23 and may adopt the zone change upon annex- ation. (Ord. 2947 § 1 (part), 1986). 674 Chapter 15.24 REVOCATION OF PERMITS OR APPROVALS Sections: 15.24.010 15.24.020 15.24.030 15.24.040 15.24.050 15.24.060 15.24.070 15.24.080 Authority. Grounds for permit revocation. Public hearing by the hearing examiner. Decision by the hearing examiner. Notice of examiner's decision. Permit revocation not an exclusive action. Appeals. Violation. 15.24.010 Authority. The hearing examiner may, under the provisions of this chapter and upon petition by the building official, adminis- trative official or the legislative body, revoke or modify any permit, certificate of zoning review, variance, home occupation permit, temporary hardship permit or other permit or approval previously made or granted under the provisions of this title. (Ord. 2947 § 1 (part), 1986). 15.24.020 Grounds for permit revocation. Such revocation or modification shall be made only on one or more of the following grounds: 1. That the approval was obtained by fraud or material misrepresentation; 2. That the permit or approval is being, or has been recently, exercised or used contrary to the terms or condi- tions of such permit or approval or in violation of any other statute, ordinance, or law, and administrative efforts by the planning department and/or building official have been ineffective. (Ord. 2947 § 1 (part), 1986). 15.24.030 Public hearing by the hearing examiner. The hearing examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice of such hearing and its purpose shall be given to the holder of the permit and the legal title holder of the property at least ten (10) days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the property in a conspicuous place and mailed to the last known address of the permit's applicant. (Ord. 2947 § 1 (part), 1986). 15.24.010 15.24.040 Decision by the hearing examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His written decision shall include the following considerations: 1. The testimony at the public hearing; 2. The recommendation from interested agencies and departments; and, 3. The grounds for permit revocation established in Section 15.24.020. The hearing examiner may, on his own motion or upon request of the permit holder, defer the effective date of any revocation and grant the permit holder an opportunity to affirmatively demonstrate to the examiner compliance with this title or correction of any violation. The examiner may grant or impose interim terms and conditions of the continued use, construction, alteration, or occupancy of the premises covered by the permit or approval. Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation not later than three days following the filing of the decision. (Ord. 2947 § 1 (part), 1986). 15.24.050 Notice of examiner's decision. Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation not later than three days following the filing of the decision. (Ord. 2947 § 1 (part), 1986). 675 15.24.060 Permit revocation not an exclusive action. The provisions of this chapter are completely supplemen- tal to other provisions of this title. Provisions herein are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized under this title. (Ord. 2947 § 1 (part), 1986). 15.24.070 Appeals. Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with Chapter 15.16. (Ord. 2947 § 1 (part), 1986). 15.24.080 Violation. Continued use or occupancy of land or structures after the effective date of any revocation and with knowledge that a permit or approval has been revoked under this chapter constitutes a special violation of this title and is punishable under section 15.25.020(B). (Ord. 2947 § 1 (part), 1986). 15.25.010 Chapter 15.25 VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION Sections: 15.25.010 15.25.020 15.25.030 15.25.040 15.25.050 15.25.060 15.25.070 15.25.080 Violations unlawful. Criminal penalties. Civil penalty. Continued violations --Remedies and penalties. Persons liable. Enforcement and administration. Collection of civil penalties. Disposition of civil penalties collected. 15.25.010 Violations unlawful. Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful. (Ord. 2947 § 1 (part), 1986). 15.25.020 Criminal penalties. A. General Penalties. Any person, firm or corporation violating any of the provisions of this title, or violating or failing to comply therewith, or violating or failing to comply with any order made or issued pursuant thereto (unless otherwise stated) shall for each and every violation and noncompliance respectively, be guilty of a misdemean- or. Any person so convicted shall be punished for each offense by a fine or not more than five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Provided, that except for the violations specified in Section 15.25.020(B) and Section 15.25.060(D) a person not previously convicted of any violation of this title and who is not convicted of more than one violation shall be punished by a fine only, not to exceed five hundred dollars. B. Special Penalty. Any person who continues to use or occupy land or structures with knowledge that a permit or approval has been revoked under Chapter 15.24 of this title shall, upon conviction thereof, be punished for each offense by a fine of not less than two hundred fifty dollars nor more than five hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. The minimum fine imposed by this section shall not be suspended or deferred. C. Abatement. Persons convicted for violations of this title may be ordered by the court to abate any use or structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner provided by law. (Ord. 2947 § 1 (part), 1986). 15.25.030 Civil penalty. In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per day is hereby imposed upon any person, firm, or corporation which violates the provisions of this title. Such civil penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to Section 15.25.060(C) and shall continue until the viola- tion is corrected. The civil penalty constitutes a personal obligation of the person or persons to whom the notice of noncompliance set forth in section 15.25.060(C) is in effect. The prosecuting attorney/city attorney, on behalf of the county/city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay not terminate the accrual of additional civil penalties so long as the violation continues. If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the building official shall cause a notice of lien to be filed in the Yakima County auditor's office. Said notice of lien shall contain the legal description of the property and a copy of the notice of violation, together with proof of service of the notice of noncompliance as set forth in Section 15.25.060(C). As of the date of filing of such notice of lien, a lien shall exist in favor of the city or county (whichever takes the action) to secure the payment of the civil penalty imposed by this title. Any person who takes or acquires any interest in said property subsequent to filing of said notice of lien shall take subject to said lien. The lien may be foreclosed by the county/city in the manner provided by law for the foreclosure of mortgages. (Ord. 2947 § 1 (part), 1986). 15.25.040 Continued violations—Remedies and penalties. An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects. 1. Each seven-day period that any violation continues after the effective date for correction as set forth in the notice of noncompliance provided in Section 15.25.060 shall constitute a separate criminal offense unless time for correction is otherwise expressly extended in writing by the building and enforcement official or unless otherwise stayed as authorized under this title. Provided, that where the building and enforcement official has ordered any work or occupancies or where any certificate or permit of approv- al has been revoked or suspended, each and every day that such work or occupancy continues or is permitted to continue shall constitute a separate criminal offense. 676 2. Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty as set forth in Section 15.25.030 in the amount of fifty dollars per day from the date set for correction pursuant to said provisions until the violation is corrected. 3. In addition to any criminal or civil proceedings • authorized under this chapter to enforce this title and in addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be en- joined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of such actions, violations of this title are declared to be public nuisances. 4. The prosecuting attorney/city attorney on behalf of the county/city and the public may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided herein or as other- wise provided by law to enforce compliance with or recover damages for its violation. Provided, that a private person may not pursue to enforce the civil penalty as set forth in subdivision 2 of this section and in Section 15.25.030. 5. Any person, firm, or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney' s fees. The remedies provided for in this chapter are accumulative and in addition to any other remedy available at law or equity. (Ord. 2947 § 1 (part), 1986). 15.25.050 Persons liable. The owners, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contrac- tor, employee, agent, or other person who commits, autho- rizes, participates in, assists in, or who maintains after notice, a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in Section 15.25.020 and may be held jointly and severally liable in civil action brought to enforce the provisions of this title. (Ord. 2947 § 1 (part), 1986). 15.25.060 Enforcement and administration. A. General. The building and enforcement official is hereby authorized and directed to enforce the provisions of this title. The building and enforcement official may employ, appoint and designate such employees, representa- tives or officers to act on his behalf in the enforcement of this title under such control and supervision as the building and enforcement official may specify. Any refer- ence herein to the building and enforcement official shall also refer to his duly authorized representatives. The 15.25.040 building and enforcement official, or his authorized rep- resentatives shall either upon complaint, or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city/county officers to assist the building and enforcement official or his authorized representatives in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions. B. Entrance on to Private Property. When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the building and enforcement official may enter onto property to inspect the same or to perform any duty imposed or authorized by this title. Provided, that if such building or premises be occupied and not a public place he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his autho- rized representative shall have recourse to every remedy provided by law to secure entry. The right of entry autho- rized for this section extends to any employee, officer, or person that accompanies the building and enforcement official or his authorized representatives. All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the building and enforcement official to the property, premises and/or structures involved during any period of construction, improvement, or change, for inspections to assure compli- ance with this title and any conditions of approval for such permit or approval. The building and enforcement official may enter onto private property, premises and/or structures during any such period of construction, improvement, or change being done pursuant to a permit or approval for such purposes. Provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior to entry. C. Notice of Noncompliance. If the building and enforcement official determines that any activity, condition, structure, or use exists that does not conform to the provi- sions of this title he may issue a notice of noncompliance directed to the record owner of the property and/or to such other persons as are causing or contributing to such noncom- pliance. A notice of noncompliance shall contain: 1. The name and address of the record owner or other person to whom the notice of noncompliance is directed; 677 15.25.060 2. The street address when available or a legal descrip- tion sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring; 3. A statement of the action required to be taken as determined by the building and enforcement official and a date for correction which shall be not less than three weeks from the date of service of the notice of noncompli- ance unless the building official has determined the noncom- pliance to be immediately hazardous; 4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against the person or persons to whom the notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues; and, 5. A statement that the building official's determination of noncompliance may be appealed to the hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with Chapter 15.16, that such appeal shall be filed with the department issuing the notice within fifteen days of service of the notice of noncompli- ance, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and, 6. A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty. The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of noncompliance by certified mail, postage prepaid, retum receipt requested, to such person at his last known address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made. A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of Chapter 15.16 of this title. The cumulative civil penalty provided for in Sections 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. For good cause shown, the building and enforcement official may extend the date set for correction of the notice of noncompliance; provided that such an extension shall not affect or extend the time in which an administrative appeal must be commenced nor shall such extension be for a period of time in excess of one hundred eighty days. D. Stop Orders. If the building and enforcement official determines that any activity is being established or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The building and enforcement official shall promi- nently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered. When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the building and enforcement official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of section 15.24.020. E. Citations. Whenever the building and enforcement official determines that administrative effort to correct violations of this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceed- ings for such violation or violations. In addition to any other means authorized by law for initiation of criminal complaints, the building and enforcement official has the authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washing- ton. The building and enforcement official is hereby granted the authority to and shall directly file such citations with the Yakima County district court which filing shall consti- tute a lawful complaint for initiating criminal charge for violation of the ordinance codified in this title. The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the county/city to prosecute such cases in the name of the county/city. (Ord. 3019 § 68, 1987; Ord. 2947 § 1 (part), 1986). 678 15.25.070 Collection of civil penalties. The building and enforcement official and the prosecuting authority of the county/city are hereby authorized to take action to collect and/or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil penalty would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle -or compromise any civil penalty in an amount deemed appropriate by such authority. (Ord. 2947 § 1 (part), 1986). 15.25.080 Disposition of civil penalties collected. Any civil penalties assessed herein and collected shall be paid into the general fund of the county/city. (Ord. 2947 § (part), 1986). 679 15.25.080 (Yakima 5-00) 15.26.010 Chapter 15.26 LAND DEVELOPMENT FEES Sections: 15.26.010 Interest—Land development fees. 15.26.010 Interest—Land development fees. A. Intent. It is the purpose of this chapter to consoli- date land development fees formerly charged under envi- ronmental checklists and statements, as well as fees for street and alley vacations, shoreline permits, and pedestri- an skybridges into one chapter. Consolidation will pro- vide easy access to related charges and create a simplified means for future fee adjustments. B. Land Development Fee and Schedule. (1) Urban Area Zoning Ordinance YMC Title 15. (a) Class 1 Review Fee (i) Development permit for Class 1 use (Table 4-1) No charge Temporary uses (Section 15.04.100) Class 1 home occupations (Table 4-2) 2 Review Development permits for Class 2 uses, except those below Single or double wide manufactured homes requiring Class 2 review (Table 4-3) Temporary hardship units Class 2 home occupations (Table 4-2) Changes to Class 1 or 2 developments requiring Class 2 review 3 Review* Development permits for uses requiring Class 3 review, except as listed below Single or double wide manufactured homes requiring Class 3 review (Table 4-3) Class 3 home occupations (Table 4-2) (ii) () (b) Class (1) (ii) (iii) (iv) (v) (c) Class (i) (ii) () (rte 5-00) No charge $33 $281 $281 $124 $281 $281 $514 $448 $448 680 (iv) Changes to existing or approved Class 3 developments or adjustments of development standards to existing Class 3 use $448 (v) A change from one noncon- forming use to another; or expansion of a non- conforming use $448 (vi) Planned development $514 (d) Administrative Adjustments of Development Standards of Class 1 and Class 2 Uses (Section 15.10.020) in: (i) Commercial or industrial zones (not adjoining residential zones) $66 (ii) Administrative adjustments for all other Class (1) and (2) uses $138 (iii) Administrative adjustments of Class 3 uses* $448 (e) Modifications to Existing Development Under Sections 15.17.040 and 15.17.050 $66 (f) Variances. $159 (g) Rezone Fees: Requested Zone To industrial zone 1998 fee 1999* proposed fee To commercial zone 1998 fee 1999* proposed fee To residential zone 1998 fee 1999* proposed fee 15.26.010 Less Than 2.9 Acres 3.0-9.9 Acres 10.0-19.9 Acres 20.0-50 Acres _ 50 or more Acres $490 $674 $777 $879 - $903 $533 $722 $828 $933 $957 $490 $674 $777 $879 $903 $533 $722 $828 $933 $957 $374 $490 $541 $579 $674 $414 $533 $586 $625 $722 (h) Interpretations by the Hearing Examiner. (i) No hearing (ii) With hearing* (i) Appeals. (i) To the hearing examiner (ii) To the legislative body (j) Master Applications. See Section YMC 15.11.110(B) (2) YMC 14 (Subdivision Ordinance). (a) Subdivisions. (i) Preliminary plat — $10 per lot plus* (ii) Final plat — Recording fee plus (iii) Plat alteration variation (b) Short Plats. (i) Preliminary application — (ii) Final plat Exemptions a. Lot line adjustments, financial segregations b. All others Appeals Variance Fee $72 $168 (c) Binding Site Plans (Commercial and Industrial Zones) Preliminary Application Final Binding Site Plan Minor Alteration of $127 Final Binding Site $127 Plan (iv) Major Alteration of Final Binding Site Plan (v) Appeal of Binding Site Plan $300 Recording Fee (3) Street or Alley Right -of - $303 Way Vacations (RCW 35.79)* (+50% appraised $66 $138 $5 per lot plus $177 Recording fee $31 No charge $127 $127 680-1 $150 $300 $127 $303 value) (4) Utility Easement Releases. $151 (5) State Environmental Policy Act (SEPA) (a) Environmental checklist as required by Chapter 6.88 YMC $138 (b) SEPA appeal $156 (c) Environmental impact statements (6) Shoreline Permits. (7) Comprehensive plan map amendments. $169 $500 (Yakima 5-00) 15.26.010 (8) Transportation concurrency analysis (adopted by city Ord. 98-68) (Fee not proposed to change) $250 (Ord. 99-13 § 1, 1999; Ord. 98-9 § 1, 1998; 97-09 § 1, 1997: Ord. 96-19 § 1, 1996; Ord. 95-5 § 1, 1995; Ord. 94-7 § 1, 1994: Ord. 93-10 § 1, 1993). (Yakima 5-00) 680-2 Chapter 15.27 CRITICAL AREAS Sections: Part One. Authorization and Purpose 15.27.100 Statutory authorization. 15.27.110 Statement of purpose. Part Two. Definitions Definitions. Act. Adjacent. Administrative authority. Alteration. Appeal. Applicant. Aquifer. Aquifer susceptibility. Buffer. City. Clearing. Conservation easement. Critical aquifer recharge area. Critical areas. Critical area maps. Critical facilities. Department. Development. Development application. Director. Disturbance of vegetation. Enhancement. Erosion hazard areas. Fish and wildlife habitat conservation. Fish and wildlife habitat conservation areas. Geologically hazardous areas. Geologist. Geotechnical engineer. Grading. Groundwater. Infiltration. Hazardous substances. Hearing examiner. High intensity land use. Lot of record. Low intensity land use. Lowest floor. Habitable floor. Mitigation. Monitoring. Native vegetation. 15.27.200 15.27.201 15.27.202 15.27.203 15.27.204 15.27.205 15.27.206 15.27.207 15.27.208 15.27.209 15.27.210 15.27.211 15.27.212 15.27.213 15.27.214 15.27.215 15.27.216 15.27.217 15.27.218 15.27.219 15.27.220 15.27.221 15.27.222 15.27.223 15.27.224 15.27.225 15.27.226 15.27.227 15.27.228 15.27.229 15.27.230 15.27.231 15.27.232 15.27.233 15.27.234 15.27.235 15.27.236 15.27.237 15.27.238 15.27.239 15.27.240 15.27.241 15.27.242 Natural disasters. 15.27.243 Natural hazard areas. 15.27.244 New construction. 15.27.245Noxious weeds. high water mark. 15.27.2466 15.27.247 Permeability. 15.27.248 Plant associations of infrequent occurrence. 15.27.249 Public agency. 15.27.250 Qualified professional. 15.27.251 Reasonable use. 15.27.252 Regional retention/detention facility. 15.27.253 Regulated activities. 15.27.254 Restoration. 15.27.255 Retention/detention facility. 15.27.256 Salmonid. 15.27.257 Species of Local importance. 15.27.258 Stream. improvement 15.27.259 Substantial imp 15.27.260 Unavoidable and necessary impacts. 15.27.261 Urban growth. owth, characterized by. 15.27.262 Urban gr 15.27.263 Vulnerability. 15.27.264 Water table. 15.27.265 Wetland edge. 15.27.266 Wetlands, regulated. Part Three. Lands to Which this Chapter Applies 15.27.300 Lands to which this chapter applies. 15.27.310 Critical areas. 15.27.320 Critical area maps. Part Four. Special Studies and Development Standards. Wetlands. 680-3 15.27.410 15.27.411 Wetlands rating system. 15.27.412 Development wetlands. standards --Regulated 15.27.420 Streams, stream classification and impact report. 15.27.421 Stream buffers. 15.27.430 Critical aquifer recharge areas. 15.27.440 Geologically hazardous/steep slope hazard areas. 15.27.450 Fish and wildlife habitat conservation areas. (Yakima 5-00) 15.27.100 Part Five. 15.27.500 15.27.510 15.27.520 15.27.530 15.27.540 15.27.550 15.27.560 Procedures, Enforcement and Administration Development permit required. Special studies. Relation to other city project permit approval processes. General exemptions. Public agency and utility exception. Reasonable use exception. Designation of the director community and economic development. Part Six. Variance Procedure 15.27.600 Appeal. 15.27.610 Conditions for variances. Part Seven. Miscellaneous 15.27.700 Nonconforming developments. 15.27.710 Compliance. of Part One. Authorization and Purpose 15.27.100 Statutory authorization. The Legislature of the state of Washington has, in RCW 36.70A.060, mandated local governments who plan under RCW 36.70A.040 to adopt development regulations precluding land uses or development that are incompati- ble ble with critical areas. Critical areas to be regulated designated under RCW 36.70A.170. (Ord. 98-67 § 1 (part), 1998). 15.27.110 Statement of purpose. It is the purpose of this chapter to p minimum standards to promote the public health, safety and general welfare in specific areas by provisions designed to: A. Implement the Yakima urban area comprehensive plan, natural environment element and associated policies; B. Further the public's interest in the conservation and wise use of our lands; C. Preclude land uses and developments that are incompatible with critical areas; a D. Protect unique, fragile and valuable elements of the environment including wildlife and its habitat; E. Mitigate unavoidable impacts to environmentally critical areas by regulating alterations in and adjacent to critical areas; F. Prevent cumulative adverse environmental and im- pacts to water availability, water quality, streams; (rte 5-00) G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in hazard areas; H. Help maintain a stable tax base by providing for the sound use and development of areas of special hazard so as to minimize future blight areas; and I. Ensure that those who occupy the areas of special hazard assume responsibilities for their actions. The city's enactment or enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public. In the event of a conflict between the intent of this sub- section and any other provision of this chapter, this sub- section shall govern insofar as applicable. (Ord. 98-67 § 1 (part), 1998). Part Two. Definitions 15.27.200 Definitions. Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, phrases and terms as used in this chapter shall have the following meaning ascribed to them, unless a different meaning clearly appears from the context. (Ord. 98-67 § 1 (part), 1998). 15.27.201 Act. "Act" means the Growth Management Act. (Ord. 98- 67 § 1 (part), 1998). 15.27.202 Adjacent. "Adjacent" means for the purposes of critical areas, within three hundred feet of a critical area. (Ord. 98-67 § 1 (part), 1998). 15.27.203 Administrative authority. "Administrative authority" means those public officials authorized by this chapter to administer the provisions and employ the procedures set forth in this chapter. (Ord. 98-67 § 1 (part), 1998). 15.27.204 Alteration. "Alteration" means any human -induced action which adversely impacts the existing condition of a critical area. Alterations include, but are not limited to, grading; fill- ing; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any haz- ardous or toxic substance; discharging pollutants except- ing stormwater; grazing domestic animals; paving, con- struction, application of gravel; modifying for surface water management purposes; or any other human activity 680-4 that adversely impacts the existing vegetation, hydrology, wildlife or wildlife habitafishingn does not other similar walling, passive recreation,g activities. (Ord. 98-67 § 1 (part), 1998). 15.27.205 Appeal. "Appeal" means a request for a review of the interpre- tation nter ree- tation by the director of any provision of this ch ger r a request for a variance. (Ord. 98-67 § 1 (part), 98). 15.27.206 Applicant. which "Applicant" means any person or business entity w applies for a development proposal, permit or approvalch subject to review under the sensitive areas code. (Ord.98-67§1(P ) , 1998). 15.27.204 15.27.213 Critical aquifer recharge area. "Critical aquifer recharge area" means areas that are determined to have a critical recharging effect on aquifers used as a source for potable water and that are vulnerable to contamination from recharge. (Ord. 98-67 § 1 (part), 1998). 15.27.214 Critical areas. "Critical areas" means: A. Wetlands; effect on aquifers B. Areas with a critical recharging used for potable water; C. Frequently flooded areas; D. Geologically hazardous areas; and E. Fish and wildlife habitat conservation areas, as designated under RCW 36.70A.170. (Ord. 98-67 § 1 (part), 1998). 15.27.207 Aquifer. of "Aquifer" means a geological formation, group formations or part amountfhwater on tosa well ore of spring.yield- ing a significant 1998). (Ord. 98-67 § 1 (part)? 15.27.208 Aquifer susceptibility. "Aquifer susceptibility" mean the ease with which contaminants can move from the land surface to the aquifer based solely on -the types of surface and subsur- face materials in the area. (Ord. 98-67 § 1 (part), 1998). 15.27.209 Buffer. "Buffer" means a designated area adjacent to a stream or wetland that mitigates the adverse impacts to and protects the integrity, functions and values of a wetland and/or habitat, a designated area adjacent to a steep slope or landslide hazard area which protects slope stability. (Ord. 98-67 § 1 (part), 1998). 15.27.210 City. Whiton, a "City" means the city of Yakima, 1ngg98). municipal corporation. (Ord. 98-67 § 1 (part), 15.27.211 Clearing. "Clearing" means the cutting or removal of vegetation or other organic plant material by physical, mechanical, chemical, or any other means. (Ord. 98-67 § 1 (part), 1998). 15.27.212 Conservation easement. "Conservation easement" means a reservation or en- cumbrance on a particular piece of real property that precludes building improvement(s) intended for human habitation or other structures that frustrate the primary Purpose of the easement as buffer. (Ord. 98-67 § 1 (part), 1998). 15.27.215 Critical area maps. "Critical area maps" means maps contained within the Yakima urban area comprehensive plan, natural envi- ronment element, including wetlands, aquifer character- istics, floodplain, wildlife, and geologic hazards. These maps are adopted by reference and are intended to regu- late development proposed within critical areas. (Ord. 98- 67 § 1 (part), 1998). 15.27.216 Critical facilities. "Critical facilities" means those facilities necessary to protect the public health, safety and welfare which are defined under the occupancy categories of essential facili- ties, hazardous facilities and special occupancy structures in the Uniform Building Code, Table No. 23-K (1988). These facilities include, but are notted to, schools, other hospitals, police stations, fire departmentsand other emergency response facilities, and nursing hom es.Criti- cal facilities also include sites of hazardous materials a) als storage or production. (Ord. 98-67 § 1 (part), 15.27.217 Department:. "Department" means the department of communityd. 67 § and development, city of Yakima. (part), 1998). 15.27.218 Development. to im- proved means any manmade change proved or unimproved real estate, including but notelimit- ed to buildings or other structures, mining, ging, filling, grading, paving, disturbance of vegetation, excava- tion or drilling operations located within the c § 1 (P�)� and the subdivision of property. 1998). 680-5 (Yakima 5-00) 15.27.219 15.27.219 Development application. "Development application" means an application tendered under the provision of city zoning ordinance or an application submitted pursuant to the Yakima subdivi- sion ordinance. (Ord. 98-67 § 1 (part), 1998). 15.27.220 Director. "Director" means the director of the department of community and economic development. (Ord. 98-67 § 1 (part), 1998). 15.27.221 Disturbance of vegetation. "Disturbance of vegetation" means any action taken by any person within or adjacent to a wetland which alters the nature and character of the vegetation. (Ord. 98- 67 § 1 (part), 1998). 15.27.222 Enhancement. "Enhancement" means an action which increases the functions and values of a wetland or other critical area. (Ord. 98-67 § 1 (part), 1998). 15.27.2/3 Erosion hazard areas. "Erosion hazard areas" means those areas content the United States ofng solsAgriculture which, ttur SoilCnervation Service SoilClassifica- tionof Agri System, may experience severe to very severe ero- sion. (Ord. 98-67 § 1 (part), 1998). 15.27.224 Fish and wildlife habitat conservation. "Fish and wildlife habitat conservation" means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolat- ed subpopulations are not created. (Ord. 98-67 § 1 (part), 1998). 15.27.225 Fish and wildlife habitat conservation areas. • "Fish and wildlife habitat conservation� nmd�an: A. Areas with which endangered, d sensitive species have a primary association. B. Habitats and species of local importance which include a seasonal range or habitat element with which a given species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration such as cliffs, talus and wetlands. Species of local importance are those species that are of local concern due to their (Yakima 5-00) population status or their sensitivity to habitat manipula- tion or that are game species. C. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds inten- tionally created from dry areas in order to mitigate con- version of ponds, if permitted by a regulatory authority. D. Lakes, ponds, streams and rivers planted with game fish, including fish planted under the auspices of federal, state, local or tribal program or which supports priority fish species as identified by the Department of Wildlife. E. State natural area preserves and natural resource conservation areas. F. Waters of the state as established in WAC 222- 16-030. (Ord. 98-67 § 1 (part), 1998). 15.27.226 Geologically hazardous areas. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earth- quake, or other geological events, are not suited to siting commercial, residential, or industrial development consis- tent with public health or safety concerns. All lands within the city will be classified as either (1) high risk or (2) intermediate risk as shown on Map IX -5, Yakima urban area comprehensive plan. Geological hazards include: Erosion Hazard Areas: Identified as having high or very high water erosion hazard by the U.S. Department of Agriculture Soil Conservation Service as supplied by the SCS area office. that rises at Steep Slope Hazard Areas: Any ground an inclination of forty percent or more within a vertical elevation change of at least ten feet (a vertical rise of ten feet or more for every twenty-five feet of horizontal distance). A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief. break in slope Toe of a slope is a distinct topographicr which separates slopes inclined at less than forty rty ent.Wcent from slopes equal to or in excess of forty pe here no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of twenty-five feet. Top of a slope is a distinct, topographic break in slope which separates slopes inclined at less than forty percent from slopes equal to or in excess of forty percent. Where no distinct break in slope exists, the top of slope shall be 680-6 the uppermost limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of twenty-five feet. (Ord. 98-67 § 1 (per), 1998). 15.27.227 Geologist. "Geologist" means a person who has earned a degree in geology from an accredited college or university a person who has equivalent educational trainingand has experience as a practicing geologist. § 1 (part), 1998). 15.27.228 Geotechnical engineer. practicing engineer" means a p g geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington who has at least four years of professional employment as a geotechnical engineer with experience in landslide evaluation. (Ord. 98-67 § 1 (part), 1998). 15.27.229 Grading. "Grading" means any excavation, filling, removing of earth on any piece of property within the city. (Ord. 98- 67 § 1 (part), 1998). 15.27.230 Groundwater. "Groundwater" means water in a saturated zone or stratum beneath the surface of land or water. (Ord. 98-67 § 1 (part), 1998). 15.27.231 Infiltration. "Infiltration" means the downward entry of water into the immediate surface of the soil. (Ord. 98-67 § 1 (part), 1998). 15.27.232 Hazardous substances. "Hazardous substances" means any liquid, solid, gas or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in chapter 173-303-090 or 173-303-100 WAC. (Ord. 98-67 § 1 (part), 1998). 15.27.233 Hearing examiner. For the purpose of this section, the "hearing examiner" shall have the same meaning as in Title 15 YMC. (Ord. 98-67 § 1 (part), 1998). 15.27.234 High intensity land use. "High intensity land use" means and includes land uses which are associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, medium and high density residential (more than seven dwelling units per 15.27.226 acre), active recreation, and commercial and industrial land uses. (Ord. 98-67 § 1 (part), 1998). 15.27.235 Lot of record. "Lot of record" means a lot as designated on a plat which has been approved and filed for record with the auditor of Yakima County, Washington. Also, -any parcel having a metes and bounds description lying outside of any plan as the same existed pursuant to the records of the Yakima County assessor's office as of the effective date of the ordinance codified in this chapter. (Ord. 98-67 § 1 (part), 1998). 15.27.236 Low intensity land use. "Lot intensity land use" means and includes land uses which are associated with low levels of human distur- bance or low wetland habitat impacts, including, but not limited to, low density residential uses (less than seven dwelling units per acre), passive recreation including trails, open space, or agricultural land uses. (Ord. 98-67 § 1 (part), 1998). 15.27.237 Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at Part Four. (Ord. 98-67 § 1 (part), 1998). 15.27.238 Habitable floor. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cook- ing or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." (Ord. 98-67 § 1 (part), 1998). 15.27.239 Mitigation. "Mitigation" means the use of any or all of the follow- ing actions that are listed in descending order of prefer- ence: A. Avoiding the impact altogether by not taking a certain action or parts of an action; B. Minimizing impacts by limiting the degree of magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area; 680-7 (Yakima 5.00) 15.27.239 D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal; E Compensating the impact by replacing, en- hancing or providing substitute sensitive areas and envi- ronments; impact and taking appropriate F. Monitoring the 1998). corrective measures. (Ord. 98-67 § 1 (part), 15.27.240 Monitoring. "Monitoring" means evaluating the impacts of devel- opment proposals on the biological, hydrologic and geo- logic elements of such systems and assessing the perfor- mance of required mitigation measures through the col- lection and analysis of data by various methods for the purposes of understanding and documenting changes in natural ecosystems and features, including gathering baseline data. (Ord. 98-67 § 1 (part), 1998). 15.27.241 Native vegetation. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Yakima area and which reasonably could have been expected to natu- rally occur on the site.Native 98-67 § 1 (part), 1998)• on does in- clude noxious weeds. Ord streams and lakes which is found by examining the bed and banks and determining where the presence and action of waters are so common and usual, and so long contin- ued in ordinary years, as to mark upon the soil a charac- ter distinct from that of the abutting upland. (Ord. 98-67 § 1 (part), 1998). 15.27.242 Natural disasters. "Natural disasters" means events caused by natural processes resulting in the loss of life and or property, including flooding, landslides, erosion, volcanic eruptions, or seismic events. (Ord. 98-67 § 1 (part), 1998). 15.27.243 Natural hazard areas. "Natural hazard areas" means areas potentially subject to natural disasters. (Ord. 98-67 § 1 (part), 1998). 15.27.244 New construction. "New construction" means structures for which the "start of construction" commenced on or after the effec- tive fid: tive date of the ordinance codified in this chapter. 98-67 § 1 (part), 1998). 15.27.245 Noxious weeds. "Noxious weeds" means any plant which when estab- lished is highly destructive, competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10 RCW). The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of noxious weeds by the state noxious weed control board. (Ord. 98- 67 § 1 (part), 1998). 15.27.246 Ordinary high water mark. "Ordinary high water mark" means that mark on (Yakima 5-00) 15.27.247 Permeability. "Permeability" means the capacity of an aquifer theor confining bed to transmit water. It is a property aquifer and is independentofthe ,orce causing move- ment. (Ord. 98-67 § 1 (part), 1 15.27.248 Plant associations of infrequent occurrence. "Plant associations of infrequent occurrence" means one or more plant species on a land form type which because of the rarity of the habitat or the species involved or both, or for other botanical or environmental reasons, do not often occur in the city. (Ord. 98-67 § 1 (part), 1998). 15.27.249 Public agency. "Public agency" means any agency, political subdivi- sion, or unit of local government of this state including but not limited to municipal corporations, special purpose districts, and local service districts; any agency of the state of Washington, the United States or any state there- of; or any Indian tribe recognized as such by the federal government. (Ord. 98-67 § 1 (part), 1998). 15.27.250 Qualified professional. "Qualified professional" an accredited or licensed professional with a combination of education and experi- ence in the discipline appropriate for the subject matter that is being commented on; someone who would qualify as an expert in their field. (Ord. 98-67 § 1 (part), 1998). 15.27.251 Reasonable use. "Reasonable use" means a legal concept that has e articulated by federal and state courts in regulatory tak- ings cases. (Ord. 98-67 § 1 (part), 1998). 15.27.252 Regional retention/detention facility. "Regional retention/detention facility" means a surface water control structure proposed by the city or a project proponent to be installed in or adjacent to a stream or wetland of a basin or sub -basin. (Ord. 98-67 § 1 (part), 1998). 15.27.253 Regulated activities. "Regulated activities" means any of the following activities which are undertaken or originate in a wetland or its buffer: 680-8 A. Removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; with any B. Dumping, discharging, or filling materi- al; C. Draining, flooding or disturbing of the water level or water table; D. Driving of pilings; E. Construction, reconstruction, demolition or ex- pansion of any structure; F. Destruction or alteration of wetlands vegetation through clearing, burning or planting of vegetation that would alter the character of a wetland; G. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, in- cluding quantity, or the introduction of pollutants. (Ord. 98-67 § 1 (part), 1998). 15.27.254 Restoration. "Restoration" means the actions to return a wetland or other critical area to a state in which its stability, func- tions and values approach its unaltered state as closely as possible. (Ord. 98-67 § 1 (part), 1998). 15.27.255 Retention/detention facility. "Retention/detention facility" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, or to hold transpiration and/or infiltration into the ground runoff for a short period of time and then release it to the surface and stormwater management system. (Ord. 98-67 § 1 (part), 1998). 15.27.256 Salmonid. "Salmonid" means a member of the fish family Salmonidae. In the city these include chinook, coho, chum, sockeye and pink salmon; rainbow, steelhead and cutthroat salmon; brown trout; brook and Dolly Varden char, kokenee, and whitefish. (Ord. 98-67 § 1 (part), 1998). 15.27.257 Species of Local importance. "Species of local importance" means those status ies r theirthat are of local concern due to their pop sensitivity to habitat manipulation n)or that are game spe- cies. (Ord. 98-67 § 1 (part), 15.27.258 Stream. "Stream" means water contained within a channel, either perennial or intermittent, in which fish trem mays n or reside or through which they may pass. lso include natural watercourses modified by man. Streams do not include irrigation ditches, wasteways, drains, 15.27.253 outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses. (Ord. 98-67 § 1 (part), 1998). 15.27.259 Substantial improvement. "Substantial improvement" means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: Before the improvement or repair is started; or If the structure has been damaged and is being re- stored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimen- sions of the structure. The term does not, however, include either: Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. (Ord. 98-67 § 1 (part), 1998). 15.27.260 Unavoidable and necessary impacts. "Unavoidable and necessary impacts" for a use that, if not allowed, would deny all reasonable economic use of the land; such unavoidable impacts shall be mitigated. (Ord. 98-67 § 1 (part), 1998). 15.27.261 Urban growth. "Urban growth" means activities that make intensive use of land for the location of building, structures, and impermeable surfaces to such a degree as to be incompat- ible with the primary use of such land for the production of food, other agricultural products, or fiber or the extrac- tion of mineral resources. (Ord. 98-67 § 1 (part), 1998). 15.27.262 Urban growth, characterized by. "Characterized by urban growth" means lands having urban growth on it, or lands located in relationship to an area with urban growth on it as to be appropriate for urban growth; or any and all incorporated areas. (Ord. 98- 67 § 1 (part), 1998). 15.27.263 Vulnerability. "Vulnerability" means the combined effect of suscepti- bility to contamination and the presence of potential contaminants. (Ord. 98-67 § 1 (part), 1998). 680-9 (Yaldma 5-00) 15.27.264 15.27.264 Water table. "Water table" means that surface in an unconfined aquifer at which the pressure is atmospheric. It is de- fined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water. (Ord. 98-67 § 1 (part), 1998). 15.27.265 Wetland edge. "Wetland edge" means the line delineating the outer edge of a wetland established by using the "Washington State Wetlands Identification and Delineation Manual," March 17, 1997, Ecology Publication No. 96-94, 6 � , as updated or modified. (Ord. 98-67 § 1 (part ), 15.27.266 Wetlands, regulated. "Regulated wetlands" means areas greater than one acre in size, not isolated from other wetlands and valu- able for wildlife habitat, inundated or saturated by surface water or groundwater at a frequencyyaed duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally do not include artificial wetlands intentionally created from non -wetlands, including, but not limited to, irrigation and drainage ditches, grass -line swales, canals, detention facilities, wastewater treatment facilities, farm, ponds and landscape amenities. However, wetlands may include those artificial wetlands intentional- ly created from non -wetland area to mitigate conve1998)rsion of existing wetlands. (Ord. 98-67 § 1 (part), Part Three. Lands to Which this Chapter Applies 15.27.300 Lands to which this chapter applies. This chapter shall apply to all lots or parcels on which critical areas are located within the city. The approxi- mate location and extent of critical areas are indicated on a series of maps contained within the Yakima u ban area comprehensive plan. (Ord. 98-67 § 1 (part), 98). 15.27.310 Critical areas. A. The following critical areas as depicted on the adopted maps for each critical area shall be regulated in accordance with this chapter. The regulations applicable to critical areas impose requirements that supplement those in the underlying zoning districts and do not super- sede the provisions of these districts except insofar as the critical areas designations may impose more restrictive requirements. 1. Wetlands and streams. 2. Critical aquifer recharge areas. 3. Fish and wildlife conservation areas. 4. Geologically hazardous areas. (Yakima 5-00) B. Frequently flooded areas as defined within RCW 36.70A.170 are regulated by Chapter 6.88 YMC. (Ord. 98-67 § 1 (part), 1998). 15.27320 Critical area maps. Critical areas are displayed on a series of maps con- tained within the Yakima urban area comprehensive -plan, Chapter IX. These maps are intended to regulate pro- posed development located within critical areas. Critical areas may also exist in areas not indicated on the critical area maps. The critical areas maps are also intended to alert the development community, appraisers, and current or pro- spective property owners of a potential encounter with a critical area. The presence of a critical area on the maps or as determined by the director within or near the prop- erty proposed for development may be sufficient founda- tion for the director to require preparation of a special study prior to acceptance of a development application as being complete and ready for processing under the city zoning ordinance or the city subdivision ordinance. The director is declared the administrator of this chap- ter for the purpose of administering the critical area maps. An affected property owner or other party with standing has a right to appeal the administrative determi- nation to the city hearing examiner using the same proce- dure for zoning appeals found in the city zoning ordi- nance, Chapter 15.16 YMC. Critical areas indicated on the critical area maps are presumed to exist in the locations shown and are protect- ed under all the provisions of this chapter. All develop- ment applications for land use approvals within or adja- cent to critical areas are required to show the boundary(s) of all critical areas on a scaled drawing prior to the development application being considered "complete" for continued processing. Upon review of the critical area maps, the determina- tion by the administrative authority that a parcel of land or a part of a parcel of land that is the subject of a pro- posed development application is within the boundary(s) of one or more critical areas may serve as cause for the director to require the applicant to conduct a site-specific analysis and prepare a special study for each critical area potentially located within the property subject to develop- ment in order to determine the effect, if any, that the development would have upon the critical area(s). In the event of multiple designations, each type of critical area shall be addressed both independently and collectively for the purpose of determining development limitations and appropriate mitigating measures. (Ord. 98-67 § 1 (part), 1998). 680-10 Part Four. Special Studies and Development Standards 15.27.410 Wetlands. Special study may be required for the purpose of establishing an exact wetland boundary. The criteria for establishing a wetland boundary can be found in "Wash- ington State Wetlands Identification and of Ecology, Manual"(Washington State Dep is March 1997). Field delineation ofthe odary is re- quiredel- and a scaled map shall be produceda all devel- opment proposed and determined to be within nd or its buffer. The Department of Ecology's oa hmoWashington � be Wetland Rating System, Eastern applied to the wetlands area to establish the category(s) of wetlands in evidence. The field investigation may include habitat value, hydrology, erosion and deposition, and/or water quality studies. Results of the field investi- gation shall include specific recommendations for mitigat- ing measures which should be required as a condition of any approval for such developments. The recommenda- tions may include, but are not limited to, construction techniques, or design, drainage, or density specifications, along with measures to avoid loss of wetlands anndd methal- - ods to restore, replace or enhance by thisdestroysection shall tered wetlands. The analysis required be performed by qualified professionals who can demon- strate through a combination of formal training and field experience the ability to conduct the analysis. (Ord. 98-67 § 1 (part), 1998). 15.27.411 Wetlands rating system. The Washington State Wetlands Rating System for Eastern Washington (Washington State Department of Ecology Publication 91-58) shall be used as the rating system for wetlands within the city. mmoThis d economis ic is available at the department of co a8) development. (Ord. 98-67 § 1 (part), 15.27.412 Development standards—Rebated wetlands. A. A buffer zone shall be required adjacent to, and outside of, all regulated wetlands, including any wetland restored, relocated, replaced or enhanced because of wetlands alterations, according to the following schedule: Category I Wetlands 200 feet High intensity land use 100 feet Low intensity land use Category II Wetlands 00 feet High intensity land use 1 10 feet Low intensity land use Category III Wetlands feet High intensity land use 502 5 feet Low intensity land use 15.27.410 Category IV Wetlands 5 feet High intensity land use 25 Low intensity land use 10 All buffers shall be measured from the wetland edge as delineated in the field. The above buffer s may be reduced up to no more than fifty percent if the special study demonstrates to the satisfaction of the director, or if the director otherwise determines that the adjacent land is, and will remain, extensively vegetated, is topographi- cally remote from the wetland and that no direct or indi- rect adverse impacts on the regulated wetlands is reason- ably likely as a result of the buffer reduction. B. Building Setback Lines. Unless otherwise speci- fied, a minimum building setback line of twenty feet shall be required from the edge of a wetland buffer. The use of ha,rdous or toxic substances and pesticides or certain fertilizers in this setback area may be prohibited in this setback area. C. Wetlands and wetland buffer zones shall be retained in their natural condition. Where buffer distur- bance is unavoidable during adjacent construction, re - vegetation will be required, with native plant materials preferred. D. The following activities are allowed to occur on wetlands and wetland buffer zones: 1. Outdoor recreational activities (provided no structures are developed for recreational purposes); 2. Existing and ongoing agricultural activities, provided: a. No additional area is added beyond demonstrable historic levels, b. Any introduction of livestock shall avoid damage to category I and 11 wetlands by implementation of a conservation plan to protect and enhance the water quali- ty of the wetland or fencing located not closer than the buffer edge, with access to the wetland allowed only for watering or stream crossing purposes; and 3. Maintenance of existing facilities, structures, ditches, roads and utility systems. E. The following alterations are allowed within wetlands and wetland buffers: trails 1. Trails. Construction of public and private may be allowed in wetland buffers subject to the follow- ing criteria: impervious materials, a. Trail surface shall not be of impery except that impervious public multi-purpose us trails may be allowed if they meet all other requirements including water quality; and b. Where trails are provided, buffers shall be ex- panded, where possible, equal to the width of the trail corridor including disturbed areas. 680-11 (Yakima 5-00) 15.27.412 2. Docks. Construction of a dock, pier, moorage, float or launch facility may be permitted subject to the following criteria: a. Existing and zoned density around the wetland is three or more dwelling units per acre; b. At least seventy-five percent of the lots around the wetland have been built upon, and no significant buffer or wetland vegetation remains in these areas; c. No significant buffer or wetland vegetation exists on the lot; and d. Open water is a significant component of wetland subcategories. F. Nothing in this section or chapter abrogates, compromises or otherwise subordinates ha the fullce, effect and applicability of the Washington Management Act and the Yakima shoreline master pro- gram. ro- gran. G. A use or structure established prior to the effec- tive date of the ordinance codified in this chapter which does not conform to standards set forth herein is wed to continue and be reasonably maintained p that such activity or structure may not be expanded or en- larged in any manner that increases the extent of its nonconformity. (Ord. 98-67 § 1 (part), 1998). 1. Changes to the flooding characteristics of the stream including the watercourse, the extent of the flood- plain and the loss of flood storage potential; 2. Impacts to fisheries habitat including any de- crease in species diversity, riparian vegetation, habitat complexity, and migratory access; and 3. Changes in water quality and water quantity. D. The report shall include an analysis of recom- mended measures to avoid significant adverse impacts to streams and their associated buffers and an identification of impacts that cannot be avoided or reduced. Such mea- sures to avoid or reduce impacts may include, but are not necessarily limited to: of the 1. Limiting the degree and/or magnitude proposed activity; 2. Limiting the implementation of the proposed activity; 3. Using appropriate and best available science and technology; impacts; 4. Affirmative steps to avoid or minimize P and 5. Design, siting or construction of proposed activi- ties to avoid potential impacts to streams and their associ- ated buffers. (Ord. 98-67 § 1 (part), 15.27.420 Streams, stream classification and impact report. A. A stream classification and impact report shall be submitted with an application for a critical areas development permit for any development which affeofcts a regulated stream or its buffers. The purpose report is to determine the stream classification consistent with the definitions of WAC 222-16-030, the potential impacts to the stream as a result of the development, ande measures which can be taken to avoid impacts histothe stream and its buffer. The report subsec- tion shall be prepared by qualifiedprofessionals who can demonstrate through a combination of formal training and field experience the ability to prepare such a report. B. The stream report shall describe the following: 1. Location information including legal description and address of subject property; 2. Classification methodology; 3. General site conditions, including topography, acreage, and surface area of the stream; 4. Specific descriptions of plant communities, soils, and hydrology• the significant im- pactsThe report shall summarize g pacts to the stream and stream buffer which are likely to occur if the underlying application is approved. Potential impacts addressed shall include, without limitation, the following: (Yakima 5-00) 15.27.421 Stream buffers. A. Stream buffer zones shall be required for all development proposals and activities adjacent to streams to protect the integrity, function and value of the stream. The width of the buffer shall be measured from the stream' s ordinary high-water mark and shall consist of an undisturbed area of native vegetation. B. All development adjacent to a stream shall pro- vide hal pro- vide a buffer area sufficient to protect stream water quality, wildlife and habitat. C. Buffers shall be measured from the ordinary high-water mark of the stream or, if not discernible in the field, the top of bank. Buffers shall have a width as provided below: Stream Class Class I Class II Class in Class IV Class V Buffer 200 feet 100 feet 50 feet 50 feet 25 feet but may be reduced by the director based on recommen- dations of the stream classification and impact report as follows. 680-12 D. The above buffer zone depths may be reduced by a maximum of fifty percent if the special study demon- strates or if the director otherwise determines that 1. The land adjacent to the stream is and will re- main extensively vegetated; 2. The land adjacent to the stream is topographically remote from the stream; and ant on the 3. No direct or indirect adverse imp regu- lated stream is a reasonable probability as a result of the buffer reduction. E. Setbacks from Buffers. In addition to property line setbacks, the minimum setback for structures lb ff all zoning districts as measured from the edge r shall be twenty feet. g. This section is not intended to regulate or within pre- clude recreational uses by the general public streams and waterways, such as access, fishing, rafting, and swimming. (Ord. 98-67 § 1 (part), 1998). 15.27.430 Critical aquifer recharge areas. A. Special study may be required for the purpose of delineating the recharge areas on a scaled development site plan and providing detailed information on the fol- lowing items: 1. Hydro -geological susceptibility to contamination and contamination loading potential; 2. Depth to groundwater; 3. Hydraulic conductivity and gradient; 4. Soil permeability and contamination attenuation; 5. A vadose zone analysis including permeability and attenuation properties; 6. An analysis of the recharge area's tolerance for recharge and impervious surfaces in terms of both aquifer the effect on water quality degradation; 7. A summary of the proposed development's effect on the recharge area concentrating on subsections (A)(4) and (6) of this section; and analysis. 8. Existing aquifer water quality Y Map IX -2, Aquifer Characteristics, contained within the Yakima urban area comprehensive plan, indicates areas of high vulnerability and high susceptibility for potential contaminant loading, based upon the existence of a shal- low aquifer. The requirements of this section apply to those areas on Map IX -2 indicated as areas of high vul- nerability — high susceptibility. Development proposed to be located within these areas may be subject to special study if the proposed develop- ment would have significant potential to introduce haz- ardous substances into groundwater, as determined by the director. B. Development Standards. water quality 1. The special study will identify a q tY baseline, which shall serve as a minimum water quality 15.27.421 standard that must be maintained or exceeded by pro- posed development. 2. The creation of additional impervious surfaces shall be limited to that amount described in the special study that will ensure adequate aquifer recharge and water quality protection. 3. Development approvals shall ensure that all best management practices are employed to avoid introducing pollutants into the aquifer. This includes the complete collection and disposal of stormwater outside of the aquifer recharge area for all development with impervious surfaces. (Ord. 98-67 § 1 (part), 1998). 15.27.440 Geologically hazardous/steep slope hazard areas. A. Special study may be required for the purpose of determining the extent and degree of steep slopes within and adjacent to the parcel proposed for development and the type(s) of vegetation existing on the steepslope areas. The study shall also indicate the topography lands adjacent to the steep slope area. If alterations to the steep slope area are proposed, the type and effectiveness of mitigating measures shall be identified. B. Development Standards. 1. Buffers. a. A minimum buffer shall be established at a horizontal distance of fifty feet from the top, toe, and along all sides of slopes shown to be high-risk or inter- mediate -risk slopes. Existing native vegetation within the buffer area shall be maintained and the buffer shall be extended beyond these limits as required to mitigate landslide and erosion hazards, or as otherwise necessary to protect public health, safety and welfare. b. The buffer may be reduced to a minimum of ten feet when an applicant demonstrates, pursuant to a special study, that the reduction will adequately protect the pro- posed development and the critical areas. 2. Building Setback Lines. A building setback line will be established at a distance of fifteen feet or as required from property line from the edge of the buffer. 3. Alterations. Alterations to steep slopes shall be allowed only as follows: a. Surface Water Management. Steep slopes may be used for approved surface water conveyance as ap- proved by the city engineer. Installation techniques shall minimize disturbance to the slope and vegetation. b. Trails. Construction of public and private trails may be allowed on steep slopes provided they receive site-specific approval by the city, but in no case shall trails be constructed of concrete, asphalt or other impervi- ous surface which could contribute to surface water runoff unless such construction is necessary to stabilize soil or to prevent soil erosion. 680-13 (Yakima 5-00) 15.27.440 c. Utilities. Construction of public and private utility corridors may be allowed on steep slopes provided that the special critical areas study indicates that such alter- ation will not subject the area to the risk of landslide or erosion. allow bypermis- sion View corridors. The city may pe sion of the director limited trimming and lambing of vegetation on steep slopes for the creation and mainte- nance of views, provided that the soils are not disturbed and the activity is subject to review by the director. e. Mining activities. The city may allow by per- mission of the director alteration of steep slope d areas in conjunction with approved mining and quarrying activities. 4. The city may grant exemptions from the steep slope requirements of this chapter as follows: witha vertical a. Slopes forty percent and steeper elevation change of up to twenty feet may be exempted from the provisions of this section based on the director's determination, based upon review of a soils report pre- pared by a geologist or geotechnical engineer, that no adverse consequences will result from the exemption. b. Any slope which has been created through previ- ous legal grading activities may be regraded as part of an approved development proposal. Any slope which re- mains equal to or in excess of forty percent following site development shall be subject to the protection mecha- nisms for steep slopes. 5. Removal or introduction of vegetation on land- slide or steep slopes. Unless otherwise specified, the following restrictions apply to vegetation removal or introduction in steep slope hazard areas and their buffers. a. There shall be no removal of any vegetation from any steep slope hazard area or buffer except for the limited plant removal necessary for surveying purposes and for the removal of hazardous trees. human b. On slopes which have been disturbed by activity or infested by noxious weeds, replacement with native species or other appropriate vegetationmay be e - allowed subject to approval by the city an enhance- ment plan. (Ord. 98-67 § 1 (part), 1998). 15.27.450 Fish and wildlife habitat conservation areas. A. Special study may be required to identify endan- gered, threatened, sensitive species, species and habitats of local importance, and the nature and extent of their primary association with the habitat conservation area. The investigation shall include relative densityandcies richness, breeding, habitat, seasonal rangedynamics and movement corridors. The analysis shall address the species' tolerance of human activities. The development proposal shall be evaluated in terms of its influence on the above wildlife factors and recommend mitigating (Yaidma 5-00) measures for any project with significant potential to reduce baseline populations and reproduction rates over the long term. B. Development Standards. 1. No development approval shall be granted unless mitigation of adverse effects can be provided that will ensure continuation of baseline populations for all endan- gered, threatened and sensitive species and species of local importance. 2. Development may be allowed when species and habitats of only local importance will not suffer popula- tion declines, or interruption of migration routes, provided that adequate regional populations are maintained. 3. Development review shall include regional spe- cies occurrence and movements and will avoid creating isolated sub -populations. (Ord. 98-67 § 1 (part), 1998). Part Five. Procedures, Enforcement and Administration 15.27.500 Development permit required. A critical area development permit shall be obtained before construction or development begins within any critical areas established in Part Three of this chapter. The permit shall be for all structures as set forth in the "definitions" section of this chapter, and for all other development including fill and other activities, also as set forth in the "definitions." Application for a development permit shall be made on forms furnished by the eda�tor and may include, but not be limited to, plans o scale showing the nature, location, dimensions, and eleva- tions of the area in question, existing or proposed struc- tures, fill, storage of materials, proposed utilities, access, and drainage facilities. (Ord. 98-67 § 1 (part), 1998). 15.27.510 Special studies. A. Prior to accepting a development permit applica- tion, the critical areas maps shall be consulted for the purposes of determining whether or not the property subject to the application may be within or adjacent to critical areas or could have probable adverse impacts on critical areas. If it is determined by the director that the development parcel may impact or be within or adjacent to a critical area, the applicant will immediately be noti- fied and the type(s) of critical areas disclosed. Instruc- tions shall be provided to the applicant on the type of evaluation and critical area special study that will be required as a supplement to the application materials for the application to be characterized as "complete" and eligible for processing. requirement for a B. The director may waive the req special study if there is substantial showing that: 1. There will be no alteration of the critical areas or required buffer; and 680-14 2. The development proposal will not impat the e critical areas in a manner contrary to the purposes d requirements of this chapter, and this chapter 3. The minimum standards required by aP are satisfied. C. No special study is required for the following development proposal: 1. A residential building permit for a lot which was subject to a previous critical areas study (provided that the previous study adequately identified the impacts associated with the current development proposal); and 2. The city shall make such field investigations as are necessary to determine if the criteria for an exception are satisfied. D. Critical area special studies shall identify and characterize any critical area as a part of the larger devel- opment proposal site, assess any hazards to the proposed development, assess impacts of the development proposal on any critical area on or adjacent to the development proposal site, and assess the impacts of any alteration proposed for a critical area. Studies shall propose ade- quate mitigation, maintenance and monitoring plans and bonding measures. Critical areas special studies shall include a legible scaled site plan of the proposed develop- ment and a written report. Specific requirements for preparation of special studies are provided in Part Four. E. No special study required by Part Four of this chapter will be considered complete without a document which discloses the technical training and experience of the author of the special study, which demonstrates his/her professional qualifications. (Ord. 98-67 § 1 (part), 1998). 15.27.520 Relation to other city project permit approval processes. A. The city shall not grant any approval or permis- sion to alter the condition of any land, water or vegeta- tion, or to construct or alter any structure or improvement without satisfying the requirements of this chapter, in- cluding but not limited to the following: Building permit, commercial or residential; binding site plan; conditional use permit; right-of-way construc- tion permit; grading and clearing permit; planned devel- opment; right-of-way use permit; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; subdivision; utility and other use permit; rezone; or any subsequently adopt- ed permit or required approval not expressly exempted by this chapter. B. The city may approve, approve with conditions, or deny any development proposal in order to satisfy the requirements of and carry out the purposes and require- ments of this chapter. (Ord. 98-67 § 1 (part), 1998). 15.27.510 15.27.530 General exemptions. The provisions of this chapter do not apply to the following: A. Emergencies that threaten the public health, safety and welfare. B. Structures in existence on the date the ordinance codified in his chapter becomes effective and that do not meet the setback or buffer requirements of this chapter may be remodeled, reconstructed or replaced provided that the new construction or related activity does not further intrude into a critical area or buffer and is subject to the restrictions of the flood hs7ard areas for recon- struction. Provided further, however, that new construc- tion or related activity connected with an existing single- family residence shall not be considered further intruding into an associated buffer so long as the footprint of the structure lying within the critical areas is not increased by more than fifty percent and no portion of the structure is located closer to the critical area or buffer than the existing structure. C. The construction or placement of a single-family residential structure within a residential subdivision plat- ted and recorded prior to the effective date of this chap- ter. D. For the following agricultural activities in exis- tence on the date this chapter becomes effective: 1. Grazing of livestock; 2. Mowing of hay, grass or grain crops; 3. Tilling, disking, planting, seeding, harvesting and related activities for pasture, food crops, grass seed or sod, provided that such activities shall not involve the conversion of any Category I or 11 wetland or buffer not currently under agricultural use and shall not take place on steep slopes; 4. Normal and routine maintenance of existing irrigation and drainage ditches (provided, however, that this exception shall not apply to any ditches used by salmonids); and 5. Normal and routine maintenance of farm ponds, fish ponds, manure lagoons, and livestock watering ponds (provided that such activities shall not involve conversion of any wetland not currently being used for such activity). E. For the following electric, natural gas, cable communications, and telephone utility -related activities when undertaken in accordance with approved city codes, ordinances, and/or policies: 1. Normal and routine maintenance or repair of existing utility structures or right-of-way; 2. Relocation of electric facilities, lines, equipment or appurtenances, not including substations, when the city approves the new location of the facilities; 3. Relocation of natural gas, cable communications, gas and telephone facilities, lines, pipes, mains, equip - 680 -15 (Yakima 5-00) 15.27.530 ment or appurtenances when the city approves the new location of the facilities; and roved public 4. Installation or construction in imp road right-of-way and replacement, operation, repair or alteration of all natural gas, cable communications and telephone facilities, lines, pipes, mains, equipment or appurtenances. onlyto the F. Public agency development proposals extent of any construction contract awarded before the effective date of the ordinance, provided that any regula- tion in effect at the time of sucaward 9 hall apply to such proposal. (Ord. 98-67 § 1 (part), 8). 15.27.540 Public agency and utility exception. A. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. The public agency or utility shall apply to the director and shall be head byth the examiner for any development proposalsot qualifying under Part Four of this chapter. The public agency or utility shall prepare a report to the examiner and shall incorporate other required documents such as permit applications, special studies and SEPA documents. B. The examiner shall review the applications pursu- ant to the provisions of current ordinances, regulations and procedures and make a recommendation to the coun- cil based on the following criteria: 1. There is no other practical alternative etotic the proposed development with less impact al areas; andact on critical 2. The proposal minimizes the imp areas. required from the C. A mitigation plan may sal will minimize the utility indicating how the proposal impact on critical areas. D. This exemption shall not allow the use of those category I and 11 wetlands or their buffers providing plant associations of infrequent occurrence or habitat for feder- al or state endangered or threatened species or species needing special protection or for utilities including re- gional retention/detention facilities except where there is a clear showing the facility will protect public health and safety or repair damaged critical areas. Wetlands shall not be used for retention/detention facilities other1hethan for regional facilities. (Ord. 98-67 § 1 (part), ). 15.27.550 Reasonable use exception. A. If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest. B. An application for a critical area reasonable use exception shall be filed with the director and shall be (Yakima 5-00) heard by the examiner, who shall issue a final decision pursuant to the provisions of current chapters, regulations and procedures. C. The examiner, in recommending approval of the reasonable use exception, must determine that: 1. Application of this chapter would deny all rea- sonable use of the property; 2. There is no other reasonable use with less impact on the critical area; 3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and 4. Any alterations permitted within a critical area or buffer shall be the minimum necessary to allow for reasonable use of the property. D. Any authorized construction within a critical area or buffer under this section shall be subject to conditions established by the city and shall require mitigation under an approved mitigation plan. E. Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a variance as provided in Part Six. (Ord. 98-67 § 1 (part), 1998). 15.27.560 Designation of the director of community and economic development. The director of community and economic develop- ment, or his/her designee, shall administer and implement this chapter by granting or denying development permit applications in accordance with the provisions of this chapter. (Ord. 98-67 § 1 (part), 1998). Part Six. Variance Procedure 15.27.600 Appeal. A. The hearing examiner shall hear and decide appeals and requests for a variance from the requirements of this chapter. B. The hearing examiner shall hear and decide appeals when it is alleged there is an error in any require- ment, decision, or determination made by the director in the enforcement or administration of this chapter. C. In deciding such applications, the hearing exam- iner shall consider all technical evaluations, special stud- ies, all relevant factors, standards specified in other sec- tions of this chapter, and: 1. The impact on critical areas and their associated buffer areas; 2. The importance to the community of the services provided by the proposed facility; 3. The necessity of the proposed location to the facility, where applicable; 680-16 4. The availability of alternative locations for the proposed use outside of designated critical areas; 5. The compatibility of the proposed use with exist- ing and anticipated development; 6. The relationship of the proposed use to the city's adopted comprehensive plan and shoreline management plan; due to natural 7. The danger to life and property hazards; 8. The susceptibility of the proposed facility and its contents to natural hazards and the effect of such damage on the individual owner; during9. The safety of access to the property natu- ral hazards for ordinary and emergency eservices 10. The costs of providing gVe during and after natural disasters, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. D. Generally, variances may be used for new con- struction and substantial improvements. E. The hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The director shall maintain the records of all variance applications appeal actions. F. Parties aggrieved by the decision of the hearing examiner may appeal such decision to the city council. G. Parties aggrieved by the decision of the city council on an appeal from the hearing examiner's deci- sion may appeal such decision to the superior court of the state of Washington. (Ord. 98-67 § 1 (part), 98). 15.27.610 Conditions for variances. ' it shall be A. Before any variance may be gr shown that: 1. Because of special circumstances applicable to subject property, including size, shape, topography, loca- tion or surroundings, the strict application of this chapter is found to deprive subject property of rights and privi- leges enjoyed by other properties in the vicinity and under similar zone classification. Provided, however, the fact that surrounding properties have been developed under regulations in force prior to the adoption of the ordinance codified in this chapter shall not be the sole basis for the granting of a variance. 2. The granting of the variance will not be material- ly detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is situated or contrary to the purposes of this chapter as set out in Part One. 3. In the case of critical areas as defined in this chapter, any variance granted shall be the minimum necessary to accommodate the proposed uses. 15.27.600 4. Failure to grant the variance would result in exceptional hardship to the applicant. 5. The granting of a variance will not result in additional threats to public safety, extraordinary public expense, or conflict with existing local laws or ordinanc- es. B. Projects to reconstruct, rehabilitate, or restore structures listed on the National Register of Historic Places or the State Inventory of Historic Places are eligi- ble for variances without regard to the procedures set forth in the remainder of this section. (Ord. 98-67 § 1 (part), 1998). Part Seven. Miscellaneous 15.27.700 Nonconforming developments. Within the critical areas established by this chapter, there may exist developments and lots of record which were lawfully established or approved but which would be prohibited, regulated or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue and to allow previously approved developments to reach the development conclu- sion anticipated in their approved applications. The lots of record within major subdivisions that have received preliminary plat approval and short plats filed for record at the Yakima County auditor's office will be considered building lots in all respect and exempt from the provi- sions of this chapter. Other land use applications ap- proved prior to the effective date of this chapter are also exempt from this chapter. (Ord. 98-67 § 1 (part), 1998). 15.27.710 Compliance. No structure may be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable laws, rules and regulations. (Ord. 98-67 § 1 (part), 1998). 680-17 (Yaldma 5-00) 1528.010 Chapter 15.28 PLANNED DEVELOPMENT Sections: 15.28.010 15.28.020 15.28.030 15.28.040 15.28.050 15.28.060 15.28.070 Purpose. Permitted uses and minimum project size. Application and hearing process. Modification of underlying zon- ing requirements. Modification of an approved PD. Density bonus criteria. Common open space. 15.28.010 Purpose. A. The purpose of the planned development (PD) regulation is to provide a degree of flexibility in design and density in planned developments, provided overall development standards and quality of life consideration are maximized. The PD regulation is intended to create regulatory incentives to encourage construction of afford- able housing and a mix of housing types, encourage small-scale mixed-use retail/residential/professional de- velopment within neighborhoods, and encourage compati- ble infill development. Those incentives may include density bonuses and use of innovative standards for projects which help meet affordable housing goals or include features that enhance quality of life (e.g., sensi- tive treatment of environmental features: parks, open space, interconnected pathways, features that promote security and safety for both the neighborhood and the community). B. An application for a planned development must support the purpose of this regulation as stated above. In addition, it must be consistent with the adopted Yakima urban area comprehensive plan's "action plan" goals, objectives and policies; the future land use map; and the intent statement and densities for the designated land use, as shown on the future land use map. The planned devel- opment regulation is not intended to reduce minimum development standards, such as setbacks and lot coverage, beyond that of the current administrative adjustment provisions of Chapter 15.10 of this title. (Ord. 98-63 § 1 (part), 1998). 15.28.020 Permitted uses and minimum project size. A. A planned development may be approved and located within any zoning district and shall be consistent with the comprehensive plan. In a PD, uses are permitted in accordance with those uses and densities permitted in the underlying zone, as well as allowing for a mix of (Yakima 5-00) uses. Additional uses may be permitted, as outlined within this chapter. B. The following uses are permitted in a Residential PD: 1. One -family, two-family, and multifamily resi- dences; 2. Accessory incidental retail may be specifically and selectively authorized in a residential PD. Permitted accessory uses, however, shall be scaled to meet only the needs of the inhabitants of the project; 3. Recreational facilities which are intended to serve the PD including, but not limited to, tennis courts, swim- ming pools and playgrounds; 4. School, library; 5. Manufactured home park and subdivision, provid- ed that the provisions of Section 15.04.120 shall be met as a condition of approval of the preliminary PD plan. C.The following uses are permitted in a commercial or industrial PD: 1. Uses are permitted in accordance with those uses allowed within the underlying zoning district. 2. Uses shall meet all zoning standards in accor- dance with the underlying zoning district. 3. Uses shall be consistent with the Yakima urban area comprehensive plan and future land use map. A planned development incorporating commercial or industrial facilities must provide a buffer area along the boundary of the planned development, which shall visu- ally screen the planned development from any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation is to be provided within one hundred feet of a PD bound- ary, a fence or structure six feet high shall be provided. Evergreen plantings may be used to fulfill the screening requirements. Evergreens shall be planted and designed to present a natural appearance to adjacent properties. D. In residential, nonresidential and mixed land use PDs, various land uses may be permitted, subject to conditions, if such uses are deemed by the hearing ex- aminer to be appropriate, in compliance with the compre- hensive plan, and not detrimental to surrounding land uses. No retail or commercial uses shall be allowed within the suburban residential (SR) or single-family residential (R-1) districts. Within the two-family (R-2) and multifamily (R-3) residential districts, nonresidential uses may be permitted by the hearing examiner, provided the following conditions are complied with: 1. Any nonresidential uses proposed in a PD shall be limited to those designed and intended for the use of the residents within the proposed development and planned as an integral part of that PD. Evidence shall be provided to show the intended use by the residents and the integral design; 680-18 2. If the nonresidential use is a commercial ore applicant shall establish specific community needthe facilities; 3. Where the underlying zone is R-3, nonresidential uses are limited to those allowed under the B-1 zone as a Class (1) or Class (2) use as listed in Table 4-1 (Chap- ter 15.04) of the Urban Area Zoning Ordinance (UAZO, Title 15) in compliance with B-1 provisions, unless spe- cifically provided otherwise in these PD provisions; 4. As a general guide, where the underlying zone is R-3, commercial uses will be limited to no more than five percent of the land contained in the PD, except as provided for in Section 15.28.060. The commercial uses in a PD overlaying an R-3 zone may not be occupied until two-thirds of the proposed residential units are completed and occupied; 5. No commercial or other intensive non- f�dt ef ttthl use may be permitted within one hundred fifty boundary of any adjacent residential district. The hearing examiner may require buffers, landscaping and other requirements to minimize undesirable impacts. All exist- ing significant trees and landscaping within required buffer areas shall be retained whenever feasible. le. The examiner may require evidence that adequate trol measures are provided to protect the general public inter- est, health, safety, comfort and welfare from any suspect- ed nuisances, hazards, or offensive conditions. E. Minimum Project Size. The minimum project size for a PD proposal is one-half acre. (Ord. 98-63 § 1 (part), 1998). 15.28.020 C. Preapplication. A sketch plan may first be sub- mitted to the city or county planning department/division (planning) which shall include the tentative material outlined for a preliminary application in subsection D of this section. Planning will provide recommendations to the applicant regarding the compliance of the PD with these provisions. applicant shall D. Preliminary PD Application. The app file with planning twenty copies of the preliminary PD application. Subdivision of property, if included as part of the application, shall comply with the applicable city/county subdivision regulations. Planning prescribes the application form for a PD and the type of information to be provided by the applicant. The application shall include a site plan as required by this title. The PD application may include two or more phases of development, provided than 1. A comprehensive site plan for the entire PD site is provided; 2. Timing for each phase is indicated; 3. Each phase will be subject to current develop- ment standards; 4. Each phase of a proposed PD must contain ade- quate infrastructure, landscaping and all other conditions of the PD to stand alone if no other subsequent phases are developed. E. Department Comment. Planning transmits copies of the PD plan to city/county departments and other governmental agencies with jurisdiction for their advice and report. F. SEPA Environmental Checklist. A SEPA envi- ronmental checklist may be required depending on the size and scope of the project and if the project triggers locally adopted SEPA thresholds. shall G. Public Notice. Public notice of the hearing be provided pursuant to Section 15.11.090. H. Public Hearing and Recommendation. After public hearing thereon, the hearing examiner's decision will be final unless appealed, or unless the examiner's action is a recommendation to a legislative body. The approval/recommendation is provided in writing and is based on written findings of fact to record the reasons for for approval or denial. The approval of the hearing is binding as to the general intent and apportionment of land for building and other uses, circulation, and condi- tions of approval. The hearing examiner may recommend the requirement of a bond or surety to guarantee compli- ance with a condition(s) if deemed necessary. 1. Preliminary/Final PD Application Combined. An applicant may combine a preliminary/final PD applica- tion, provided all requirements of a final PD submittal are met at the time of application. 15.28.030 Application and hearing process. A. Public Hearing. PD projects complying with this chapter shall be submitted to the hearing examiner for a public hearing. PD projects which include elements nor- mally subject to legislative review, such as rezones and long subdivisions, shall be subject to approval by the appropriate legislative body and shall be processed under the requirements of Chapter 15.15 of this title. The legis- lative body shall proceed in accordance with Section 15.23.030(F). Application. When an applicant B. Consolidated APP be considered applies for a PD, the application may for one simultaneously (consolidated) with an application or more of the following: a preliminary plat, rezone, or any other hearing examiner action ruled to be suitable. The application for a consolidated PD hearing hall contain all of the information required as if each applica- tion were being considered separately. Notice of the con- solidated public hearing shall state clearly and separately each action to be considered. This notice shall satisfy the er ion. A comprehensive omp requirements veor each action plan modificationdapplicationr shall be GOmpI submitted, if required. 680-19 (Yakima 5-00) 15.28.030 J. Final PD Submittal. The applicant shall, within five years of the date of preliminary approval of a PD, submit to planning a final PD plan, in total or by phases, of the proposed development, which shall contain evi- dence of compliance with all the conditions o f the PD approval. The final PD shall be prepared by lice or. Thed architect or registered civil engineer or survey development plan shall be to scale and contain sufficient information to establish the identity of propos uses, grades, and approximate dimensions and locations walkways, of proposed structures, streets, parking areas, easements and property lines. Planning evaluates the final PD plan to assure compliance with all conditions of the examiner's preliminary approval, and forwards the final PD plan to the legislative body for approval by ordinance. Planning also submits to the city clerk/appropriate county department the list of persons to be notified of the adop- tion public meeting. If the final PD plan is not received within five years, approval of the PD expires. Required improvements not constructed prior to final PD submittal may be guaranteed by a surety bond or other financial obligation acceptable to the city/county. Building permits may be issued after final PD plans are approved by the legislative body. went. The final PD may be K. Development Agree ovided for in subject to a development agreement as pr this chapter. approved by L. Recordation. The final PD plan as pP the legislative body shall be recorded with the Yakima county auditor's office, in accordance with the auditor's recording procedures. M. Appeal. hearing examiner and legislative deci- sions are subject to appeal pursuant to this chapter. N. Zoning Ordinance Map. The PD is identified on the zoning map when the final PD is effective by the symbol "PD" and with appropriate reference to the PD number. oval may be 0. Revocation of Approval. A PD appy revoked by decision of the appropriate legislative body upon the finding that the development of the subject property has not been consistent with the PD permit. (Ord. 98-63 § 1 (part), 1998). 15.28.040 Modification of underlying zoning requirements. The hearing examiner may modify the requirements and standards of the zone or zones in which the project is located in accordance with Chapter 15.10, Adjustments, subject to the following: Qe setback, parking and other The maximum lot coverage, requirements of the underlying zone may be modified in the PD by the hearing examiner, provided consideration is given to the following principles: A. Privacy. Each development shall provide reason- able visual and acoustical privacy for dwelling units and spaces for private use. Mitigating measures may include fences, insulation, walks, barriers and landscaping. B. Light and Air. Building spacing, coverage and hheight shall be designed to provide adequateprovisions for natural light and air. spacing, Code Compliance. In no case may s p g, setbacks, or heights of buildings violate fire, safety, or other building code requirements. D. Compatibility. The PD shall be integrated with surrounding land uses and minimize any negative impact thereto. E. Quality of Life. The modifications would not result in a significantly reduced quality of life for resi- dents or the larger neighborhood. The examiner may also reduce lot size requirements of an underlying district bmemaaximo t um ofis t e are enty per- cent, provided all other real met or adjustments are granted by the examiner. (Ord. 98-63 § 1 (part), 1998). (Yakima 5-00) 15.28.050 Modification of an approved PD. A. Except for changes determined to be minor changes as provided by this section, changesap- proved PD or to any conditions imposed on a PD approv- al shall be reviewed and approved, approved with condi- tions, or denied by the examiner and appropriate legisla- tive body pursuant to the procedures provided by this chapter for an original request for PD approval. B. Minor Changes. Minor changes to a PD may be approved by the planning manager (manager) for the city, or the director of planning for the county (director). An cchanges which would adjust the minimum requirements for lot coverage, setbacks, parking and other requirements of the underlying zone, or that would alter an adjustment granted by the examiner, are not considered minor in nature. For purposes of the section, "minor changes" means changes which meet the following qualifications: 1. For residential buildings, an increase of not more than five percent in the size of structures, provided that there is no increase in the overall density of the project. 2. For nonresidential biding ,ireducoss tion or in- creaseia of no more than five pe 3. A revision in internal floor plans, if consistent with the character of the use. 4. The alteration of vertical elevations by no more than five percent. byno more 5. The relocation of building footprints than five feet, unless a specific setback or separation distance was imposed as a condition of PD approval. Building locations must meet setback requirements unless an adjustment has been granted by the examiner. 680-20 6. The substitution of plant materials included, provided they are substituted by similar types of land- scaping.7. A reduction in the size of signs or an increase in sign setbacks. in 8. The internal rearrangement of parking spaces a parking area, if the total number of parkingspaces pro- vided is not reduced and circulation hazards or congestion are not created by the redesign. 9. A change in the name of the PD or in the names of streets within the PD. 10. Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topog- raphy of the PD which are deemed not to be material or significant in relation to the entire PD and are determined not to have any significant adverse effect on adjacent nearby lands or the public health, safety or welfare. C. Any proposed change to an approved PD may be referred to the examiner and appropriate legislative body for review, regardless of whether the change may qualify as a minor change as noted above. (Ord. 98-63 § 1 (part), 1998). 15.28.050 1. Affordability of Housing. Items for consideration here would include the provision of a mix of housing types, utilization of townhouses, condominiums and apartments directed toward providing a reasonable variety of housing types, especially including low- and moderate - income dwelling units, and provisions of housing for senior citizens (age fifty-five and over) and special needs populations. Up to five percent additional density bonus may be allowed for this category. 2. Facilitation of Small Lot Sizes and Clustering. Small lot sizes, clustering and other options which in- crease the supply of affordable housing and home owner- ship options will be considered under this category. Up to five percent additional density bonus may be allowed for this category. 3. Infill Development. Development which utilizes without overburdening existing infrastructure may be considered eligible for density bonuses. Up to five per- cent additional density bonus may be allowed for this category. 4. Quality of Life. Use density bonuses to reward projects which: a. Treat environmental features sensitively; b. Include parks, other public or private open space, and interconnected pathways; and safety c. Are designed to promote security within a neighborhood and community context; and d. Utilize other design features to enhance the quality of life for residents and the larger neighborhood. 5. Other items. Other suitable items believed by the hearing examiner to be related to the purpose section of this chapter and worthy of consideration may also be included as density bonus criteria. Up to two percent additional density bonus may be allowed for this catego- ry. (Ord. 98-63 § 1 (part), 1998). 15.28.060 Density bonus criteria. A. The purpose of density bonuses is to encourage developers to promote housing affordability by encourag- ing planned developments to include affordable housing strategies within a project. B. Eligibility to obtain a density bonus is based upon site plan review and hearing approval by the hear- ing examiner. Such density bonus may be granted if the PD plan submitted is judged by the hearing examiner to have achieved one or more of the density bonus criteria. C. The maximum density bonus allowed is limited to an additional ten percent over the density allowed in the underlying zone. D. Density Bonus Criteria. Upon submittal of the PD application, planning reviews the proposed project and submits a report to the hearing examiner, containing recommendations and findings of fact with respect to the allocation of density bonus for the project. The allocation of density bonus should be based upon a comprehensive review of the entire project. The amount of density bonus shall be decided by the examiner based on the type and amount of additional amenity provided by the project. No density bonus will be allowed if it is determined by the examiner that the additional density may create incompat- ibilities with adjoining properties, significant environmen- tal degradation, or substantial reduction of the capacity of available community infrastructure. Consideration of the following criteria should be given but need not be limited to these: 15.28.070 Common open space. A. Provision of Common Open Space. In the event that a PD provides common open space, the open space shall be developed and maintained by the owner(s) of the PD. Each ownership interest within the PD shall include an undivided proportionate interest in the common area. Ownership and maintenance of the common areas desig- nated for the enjoyment of residents/owners shall be the responsibility of the owner(s) pursuant to an appropriate covenant, recorded with the county auditor, binding the PD owner(s) to the maintenance of the common areas, or a different arrangement determined to be adequate by the hearing examiner. B. Open Space Management Plan. In the event that a PD provides common open space, an open space man- agement plan (OSMP) shall be prepared by the applicant for review at the time of application. The OSMP shall include provisions for the periodic inspection of the 680-21 (Yakima 5-00) 15.28.070 subject open space by the appropriate jurisdiction. In the event that open space is not maintained consistent with the OSMP, the city/county shall have the right to provide the maintenance thereof and levy an assessment against the property in favor of the city/county for all reasonable and necessary costs of such maintenance. The assessment levied against the property shall constitute a lien against the property in favor of the city/county and shall be subject to foreclosure as are deeds of trust and mortgages. (Ord. 98-63 § 1 (part), 1998). (Yakima 5-00) 680-22 Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO) Sections: 15.30.010 15.30.020 15.30.040 15.30.050 15.30.060 15.30.070 15.30.080 Purpose. Definitions. Class (1) uses. Class (2) and Class (3) uses. Application requirements. Height limitations and additional requirements. Special provisions for new airports, heliports and landing fields. 15.30.010 Purpose. The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field and any other state and federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77. (Ord. 2001-04 § 4(part), 2001). 15.30.020 Definitions. The following terms are established for the purpose of protecting the airspace of the Yakima Air Terminal at McAllister Field or any other state and federal system airport: (A) "Airspace hazard" means any structure, tree, or use of land which compromises public safety or obstructs the airspace required for the safe operation of aircraft in or around an airport, as determined by the reviewing official under this title. (B) "Airspace obstruction" means any structure, tree, land mass, smoke or steam or use of land which penetrates the primary, approach, transitional, horizontal or conical surface of an airport as defined by Federal Aviation Regulations (FAR), Part 77. (C) "Avigation easement" means an easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace above, or in the vicinity of property. (D) "Civil airport imaginary surfaces" means the imaginary airspace(primary, approach, transitional, horizontal and conical surfaces) designated by the Federal Aviation Administration and as defined by FAR, Part 77. (E) "Established airport elevation" means the highest point of an airport's usable landing area, measured in feet above mean sea level. 15.30 010 (F) "Hazard to air navigation" means an official determination by the FAA that an airspace obstruction constitutes a hazard to air navigation. The FAA determination that an airspace obstruction does not constitute a "hazard to air navigation" under federal regulations does not prevent the reviewing official from determining that it is an airspace hazard or potentially incompatible land use under this title. (G) "Potentially incompatible land use" means land uses deemed potentially incompatible within the airport safety overlay include: (1) Those land uses located in the primary airport safety overlay, being an area bounded by the limits of the approach surface and the transitional surface within the conical surface area, that are of such intensity as to potentially endanger public health, safety or welfare. Such uses include manufactured or mobile home parks., schools, places of public assembly, and multi -family residential uses; (2) Those land uses within the primary or secondary airport safety overlay constituting airspace hazards, as determined by the reviewing official. (F) "Runway protection zone(s)" means a trapezoidal area representing the ground level at the innermost portion of the runway approach as defined in the respective airport master plan. (Ord. 2001-04 § 4 (part), 2001). 15.30.030 Application of airport safety overlay provisions. (A) All zoning districts regulated under this title lying, within the airport safety overlay are subject to the requirements of this overlay, except as may be otherwise stated herein. (B) The airport safety overlay (ASO) contains those areas defined by Federal Aviation Regulations (FAR), Part 77 as imaginary surfaces and the runway protection zone(s) as illustrated on the airport layout plan (ALP) and zoning map, and comprised of two parts: (1) The primary airport safety area addresses land use compatibility with airport operations and structure height. It is located in an area bounded by the limits of the runway protection zone and the FAA defined approach and transitional surfaces within the conical surface area; and, (2) The secondary airport safety overlay principally addresses structure height, particularly where a structure may constitute an incompatible land use under this title. It is bounded by the exterior of the conical surface area and the approach and transitional approach surfaces extending beyond the conical surface. (Ord. 2001-04 § 4 (part), 2001). 680-23 (Yakima 10-01) 15.30.040 15.30.040 Class (1) uses. (A) The uses listed as Class (1) uses within the underlying zoning district shall be subject to the height restrictions listed in Section 15.30.070 or YMC Chapter 15.05. Table 5-1, whichever is the more restrictive. No separate application for a Class (1) use in the airport overlay is required, provided the reviewing official can conclusively determine that the proposed structure or use. (1) Does not constitute a potentially incompatible land use: and (2) Will not exceed thirty-five feet in height; or, if greater than thirty-five feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77; and (3) Is not within a designated runway protection area or an identified future sixty-five DNL aircraft noise impacted area within the airport master plan or the FAA approved airport layout plan. Such structures and uses shall in any case be subject to the limitation of Section 15.30.070 and to the recording of an avigation easement. (B) Class (1) uses shall be subject to Class (2) application and review procedures pursuant to Section 15.30.060 where the use is a potentially incompatible land use, or where the reviewing official cannot make a conclusive determination as required in subsection (1) (Ord. 2001-04 § 4 (part), 2001). 15.30.050 Class (2) and Class (3) uses. (A) The uses listed as Class (2) and Class (3) uses within the underlying zoning district are subject to: (i) The height restrictions listed in Section 15.30.070 and YMC Ch. 105.05, Table 5-1, whichever are the more restrictive; (2) The provisions of Chapter 15.04 and any other review criteria for the use required by the underlying zoning district; and, (3) A determination that the use can be appropriately conditioned to mitigate noise impacts and other airport safety concerns. (B) Where an airspace hazard has been determined to exist by the reviewing official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using VFR, airport operations, and development patterns (Ord. 2001-04 § 4 (part), 2001). (Yakima 10-01) 15.30.060 Application requirements. (A) Applications for uses within the airport safety overlay established by this chapter shall include the following information (1) Property boundary lines as they relate to the boundaries of the primary and secondary airport safety overlay; (2) Location, elevation. and height of all existing and proposed buildings, structures. utility lines. and trees taller than thirty-five feet in height; (3) A description of the proposed use. (4) A statement of compatibility from the airport manager when the use is to be located within the airport safety overlay relative to the impact of the use on airport operations and safety. (B) In consideration of an application for a building, structure, or other use which will exceed thirty-five feet in height, the reviewing official may require the applicant to submit either of the following: (1) A certificate from a registered professional engineer or a licensed land surveyor. which clearly states that no airspace obstruction will result from the proposed use. or (2) Either or both of the following: (a) The maximum elevations of proposed structures based on the established airport elevation and USGS datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor. accurate to plus or minus one foot shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the engineer or surveyor (b) A map of topographic contours with not more than five foot intervals, showing all land within one hundred feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer. (Ord. 2001-04 § 4 (part), 2001). 15.30.070 Height limitations and additional requirements. (A) A building, structure, communication tower, use or tree that penetrates any of the FAA designated imaginary surfaces constitutes an obstruction within the ASO overlay. Therefore, the allowable height of any building, structure, communication tower, use or tree within the airport safety overlay shall conform to the following: (I) The ground level elevation above mean sea level plus the height of any building, structure, communication tower, use or tree at its proposed location shall not 680-24 penetrate any FAR, Part 77 designated imaginary surfaces of an airport. (2) However, structures thirty-five feet or more in height may penetrate the imaginary surfaces when the reviewing official. in consultation with Washington State Department of Transportation (WSDOT) Aviation Division or the airport manager, can determine that the structure is not likely to constitute an airspace hazard. (3) The reviewing official may require lights or markers as a warning to aircraft on the building. structure, communication tower, use or tree(s), or to top the tree to reduce its height when recommended by the FAA. WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications. (4) Notwithstanding any other provision of this title, the reviewing official shall not approve any building. structure. communication tower. use or tree when the FAA has designated it a hazard to air navigation. (B) Whenever the height limitations of this section differ from those of any other section of this chapter, or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply. (C) No use or activity shall take place within the airport safety overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and others. create electrical interference with navigational signals or radio communication between the airport and aircraft: result in glare in the eyes of pilots using the airport. impair visibility in the vicinity of the airport; create birds -strike hazards: or otherwise create a hazard which may in any way endanger the Ianding, takeoff, or maneuvering of aircraft intending to use the airport. (D) The regulations prescribed by this chapter shall not be construed to require a property owner to remove. lower. or make changes or alterations to any structure which legally existed prior to the effective date of the ordinance codified in this chapter, except as may be compelled by state or federal regulation. However, such structures shall be considered nonconforming if such structure is in conflict with these regulations. (E) An avigation easement and deed declaration, which recognizes the preexistence of the airport and the right of over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area. (Ord. 2001-04 § 4 (part), 2001). 15.30.080 Special provisions for new airports, heliports and landing fields. All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public 15.30 070 assembly is minimized. They shall be located so that air traffic shall not generate more than fift-five DNL as measured at the property line and shall not be located in close proximity to incompatible land uses as defined in this title The proponents shall show that adequate controls or measures will be taken to reduce noise levels, vibrations. dust or bright lights. as required by federal, state. count}, and city regulations. (Ord. 2001-04 § 4 (part). 2001) 680-25 (Yakima 10-01) APPENDIX A YAKIMA URBAN AREA LEGAL DESCRIPTION Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, Range 19 East W.M.; thence north along the west line of said Section 17 to the southeast corner of Section 7, Township 12 North, Range 19 East W.M., thence west along the south line of said Section 7 to the southwest corner of the southeast quarter of said Section 7; thence north along the west line of the east half of said Section 7 to Ahtanum Creek, thence following Ahtanum Creek in a generally westerly direc- tion to the west line of the southwest quarter of the southeast quarter of Section 2, Township 12 North, Range 18 E.M.W.; thence north along said west line to the northwest corner of the southwest quarter of the southeast quarter of said Section 2; thence west along the east -west centerline of the south half of said Section 2 to the west line of said Section 2; thence continuing west along the east -west centerline of the south half of Section 3, Town- ship 12 North, Range 18 East W.M. to South 34th Ave- nue; thence north along South 34th Avenue to Ahtanum Road — thence west along Ahtanum Road to 38th Ave- nue; thence north along 38th Avenue to the north line of Section 3, Township 12 North, Range East W.M.; thence west along said north line to the northeast corner of Section 4, Township 12 North, Range 18 East W.M.; thence continuing west along the north line of said Sec- tion 4 to the southeast corner of Section 33, Township 13 North, Range 18 East W.M.; thence continuing west along the south line of said Section 33 to 64th Avenue; thence north along 64th Avenue to the east -west center- line of Sections 32 and 33, Township 13 North, Range 18 East W.M.; thence west along said east -west centerline to the north -south centerline of the west half of said Section 32; thence north along said north -south centerline to Zier Road; thence west along Zier Road to South 80th Avenue; thence north along South 80th Avenue to Wide Hollow Road; thence west along Wide Hollow Road to the north -south centerline of the east half of Section 30, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to the east -west center- line of said Section 30; thence west along said east -west centerline to the north -south centerline of the west half of said Section 30; thence north along said north -south centerline to the Yakima Valley Canal; thence following the Yakima Canal in a generally westerly direction to its intersection with Tieton Drive; thence west on Tieton Drive to 96th Avenue; thence north on 96th Avenue to the northwest corner of the southwest quarter of Section 19, Township 13 North, Range 18 East W.M.; thence APPENDIX A north along the west section line of said Section 19 to a point 250 feet south of the northwest corner of the south- west quarter of the northwest quarter of said Section 19; thence north 89°33' East to the Tieton Canal; thence following the Tieton Canal in a generally northeasterly direction to the north -south centerline of the east half of said Section 19; thence north along said north -south centerline to the north -south centerline of the east half of Section 18, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline of said Section 18 to the east -west centerline of the south half of said Section 18; thence east along said east -west center- line to the west line of Section 17, Township 13 North, Range 18 East W.M.; thence north along said west line of the east -west centerline of said Section 17; thence east along said east -west centerline to the east line of said Section 17; thence north along said east line to the south right-of-way line of the Burlington Northern Railroad, Cowiche Branch; thence following said south right-of- way line in a generally northeasterly direction to the north right-of-way line of State Route 12; thence follow- ing said north right-of-way line in a generally southeast- erly direction to Cowiche Creek; thence following Cowiche Creek in a generally northeasterly direction to its confluence with the Naches River; thence following the south bank of the Naches River and the south bank of the Yakima River in a generally easterly direction to the north -south centerline of the east half of Section 12, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to RestHaven Road; thence following RestHaven Road in a generally south- easterly direction to the south line of Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line of Sections 8 and 9 to the southwest corner of Lot 3 of that certain short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima County; thence continuing east 260 feet along said south section line; thence north 0°22'34" east 270.51 feet; thence north 38°30'50" east 146.66 feet; thence north 47°30'24" east 63.80 feet; thence north 77°58'20" east 1.026.46 feet; thence north 71°00' east 255.38 feet; thence north 59°00' east to the north line of the southwest quarter of the southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along said north line to the Northeast corner of said subdivision; thence south- erly along the east line of the southwest quarter of the southwest quarter of said Section 10 to the southeast corner of said subdivision; thence westerly along the south line of the said Section 10 to the northwest corner of Section 15, Township 13 North, Range 19 E.W.M., thence southerly along the west line of said Section 15 to the southwest corner of the northwest quarter of said 681 APPENDIX A Section 15; thence easterly along said east -west centerline to the southeast corner of the northeast quarter of said Section 15; thence easterly along the east -west centerline of Section 14, Township 13 North, Range 19 E.W.M. to the northeast corner of the northwest quarter of the south- west quarter of said Section 14; thence southerly along the north -south centerline of the west half of said Section 14 to the southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence easterly along the south line of said Section 14 to the northeast corner of Section 23, Township 13 North, Range 19 E.W.M.; thence southerly along the east line of said Section 23 to the southeast corner of said Section 23; thence westerly along the south lines of Sections 23, 22, 21 and 20, Township 13 North, Range 19 E.W.M. to the west bank of the Yakima River; thence following said west bank in a generally southerly direction to a point where it intersects the east right-of-way line of Interstate Highway 82; thence westerly to the point where the west right-of-way line of said interstate highway intersects the south line of Government Lot 2 of Section 17, Township 12 North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of Government Lot 5 of said Section 17 to the southwest corner of said Government Lot 5 and the point of beginning. (Ord. 2947 Appendix A, 1986). 682 1-1-1-4-9_, City of Yakima FUTURE LAND USE Low Density Reeldentiel Medium Density Residential (MDR) High Density Residential (NPR) Professional Office Neighborhood Commercial (NC) Large Convenience Canter Arterial Commercial (AC) CBD Core Commercial 'ir industrial (I) �✓k Urban Reserve — CRY LIMITS -- —- U1111., SERVICE AREA -- —- YAKIMA URBAN GROWTH AREA = Figure 7: Revised Yakima Future Land Use Congdon Orchards Yakima, Washington /j) MART' HOWERTON \Q�/) Planners, Architects Landscape Arebilccls May 4.20111 cl i Li 4 TriTITTI i �� m—F.; doi IP 41; raai,41.1."_11•4 ar: ,t1111' 117 -Cr/ 3)Z1_7•L',_ •' SR Suburban Residential R-1 Single -Family Residential 11-2 Two -Family Residential R-3 Multi -Family Residential B-1 Professional Business B-2 Local Business HB HIstontal Business SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District C8DS CBD Support M-1 Light Industrial M-2 Heavy industrial FEMA 100 Year Floodplaln LL.,11, 11 -1 -ii ; 1•;-;:577.3;"'-` , ! • ..,- i - ; .4mitt.4 ,t,c,:,rYaasCu Figure 8: Revised Future Zoning Designations 1E4 ff1 I . Congdon Orchards Yakima. Washington 14) MARTI /A OW E RTON Planners, Arelmects Landscape Archniects May 4,2001 I 1 1 —r-- - 7.1'7 • ; flT/ 1-1- • EXHIBIT "A" Parcel A and B (181329-13406) Lots 11 and 12, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except that portion thereof lying within the following described parcel: Beginning at the Southwest corner of the Northwest Quaker of Section 29, Township 13 North, Range 18 east, W.M; Thence North 00°01'35"East along the West line of said Northeast quarter of said Section 29, a distance of 698.00 feet; Thence South 88°45'00" East 700.85 feet; Thence South 00°01'35" West 695.55 feet to the South line of said Northeast quarter; Thence North 88°57'00" West 700.80 feet to the Point of Beginning. And Except right of ways along the South, East, and West sides thereof. Parcel C (181329-14401) Lot 10, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Parcel D (181329-14400) Lot 9, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South and East sides thereof. Parcel E (181328-23404) Lot 8, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Parcel F (181328-23403) Lot 7, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Parcel G (181328-24401) Lot 6, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Exhibit `A" Parcel H (181328-24400) Lot 5, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Parcel I (181328-13421) Lot 4, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Parcel J (181329-41401) Lot 15, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the North side thereof. Parcel K (181329-41402) Lot 16, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the North and East sides thereof. Parcel L (181328-32400) That portion of Lot 17, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying northerly of the centerline of Wide Hollow Creek and westerly of the following described line: Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. Thence South 89°11'26" East along the North line thereof 730.00 feet to the Point of Beginning of said line; Thence South 00°06'59" West 509.12 feet to the centerline of Said Wide Hollow Creek and the terminus of said line. Except right of way for roads along the north and west sides thereof. Parcel M (181328-31401) That portion of Lots 17 and 18, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington, lying northerly of the centerline of Wide Hollow Creek described as follows: Commencing at the Northwest corner of the Southwest quarter of Section 28, Township 13 North, Range 18 East, W.M. Exhibit "A" Thence South 89°11'26" East along the North line thereof 730.00 feet to the Point of Beginning: Thence continuing South 89°11'26" East 284.64 feet: Thence South 00°48'34" West 123.92 feet; Thence South 63°22'16" East 387.70 feet; Thence South 46°51'08" East 349.35 feet; thence South 00°00'00" East 220.07 feet to the centerline of said Wide Hollow Creek; thence westerly along said centerline to the intersection with a line bearing South 00°06'59" West from the Point of Beginning; thence North 00°06'59" East to the Point of Beginning. Except right of way for road along the north side thereof. Parcel N (181328-31402) That portion of Lots 18, 19, 20,21 and 29, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. described as follows: Commencing at the Northwest corner of said Southwest Quarter of Section 28; Thence South 89°11'26" East along the North line thereof 1014.64 feet to the Point of Beginning: Thence South 00°48'34" West 123.92 feet; Thence South 63°22'16" East 387.70 feet; Thence South 46°51'08" East 349.35 feet; thence South 00°00'00" East 266.40 feet; Thence South 82°37'38" East 348.59 feet; Thence South 01°06'33" West 509.75 feet; Thence South 89°00'14" East 710.54 feet; Thence South 51°48'50" East 133.16 feet; Thence North 90°00'00" East 235.32 feet; Thence North 00°23'55" East 1423.85 feet to the north line of the Southeast Quarter of said Section 28; Thence North 89°11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter; Thence North 89°11'26"West 1695.92 feet to the Point of Beginning. Except right of way for roads along the north side thereof. Parcel 0 (181328-42401) That portion of Lot 21, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Exhibit "A" Washington lying northerly of the centerline of Wide Hollow Creek and easterly of the following described line: Commencing at the Northwest Corner of the Southeast Quarter of Section 28, Township 13 North, Range 18 East, W.M. Thence South 89°11'15" East along the North line thereof 300.17 feet to the Point of Beginning of said line; Thence South 00°23'55" West 1160 feet of the centerline of Wide Hollow Creek and the terminus of said line. Parcel P (181328-42402) Lot 22, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the North side thereof. Parcel Q (181328-32401) That portion of Lot 20, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying southerly of the centerline of Wide Hollow Creek, easterly of south 64th Avenue and westerly of the following described line: Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. Thence South 00°06'59" West 1325.81 feet to the Northwest Corner of the south Half of said Southwest Quarter; Thence South 89°12'48" East 523.36 feet to the Point of Beginning of said line; Thence North 00°06'59" East to the centerline of Wide Hollow Creek and the terminus of said line. Parcel R (181328-32401) That portion of Lot 20, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying southerly of the centerline of Wide Hollow Creek and easterly of the following described line: Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. Thence South 00°06'59" West 1325.81 feet to the Northwest Corner of the south Half of said Southwest Quarter; Thence South 89°12'48" East 523.36 feet to the Point of Beginning of said line; Thence North 00°06'59" East to the centerline of Wide Hollow Creek and the terminus of said line. Exhibit `A" Except that portion thereof lying easterly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of Section 28; Thence South 89°11'26" East along the North line thereof 1014.64 feet to the Point of Beginning: Thence South 00°48'34" West 123.92 feet; Thence South 63°22'16" East 387.70 feet; Thence South 46°51'08" East 349.35 feet; thence South 00°00'00" East 266.40 feet; Thence South 82°3T38" East 348.59 feet; Thence South 01°06'33" West 490.67 feet to the south line of said Lot 20 and the terminus of said line.; Parcel S (181328-33001) The Southwest Quarter of the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. Except right of ways along the west side thereof. Parcel T (181328-33001) The Southeast Quarter of the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. Except that portion thereof lying within the following described parcel: That portion of Lots 18, 19, 20,21 and 29, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. described as follows: Commencing at the Northwest corner of said Southwest Quarter of Section 28; Thence South 89°11'26" East along the North line thereof 1014.64 feet to the Point of Beginning: Thence South 00°48'34" West 123.92 feet; Thence South 63°22'16" East 387.70 feet; Thence South 46°51'08" East 349.35 feet; thence South 00°00'00" East 266.40 feet; Thence South 82°37'38" East 348.59 feet; Thence South 01°06'33" West 509.75 feet; Thence South 89°00'14" East 710.54 feet; Thence South 51°48'50" East 133.16 feet; Thence North 90°00'00" East 235.32 feet; Thence North 00°23'55" East 1423.85 feet to the north line of the Southeast Quarter of said Section 28; Thence North 89°11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter; Exhibit "A" Thence North 89°11'26"West 1695.92 feet to the Point of Beginning. Except right of way for roads along the north side thereof. Parcel U (181328-43402) Lot 29, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying southerly of the centerline of Wide Hollow Creek. Except that portion thereof lying within the following described parcel: That portion of Lots 18, 19, 20,21 and 29, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13 North, Range 18 East, W.M. described as follows: Commencing at the Northwest corner of said Southwest Quarter of Section 28; Thence South 89°11'26" East along the North line thereof 1014.64 feet to the Point of Beginning: Thence South 00°48'34" West 123.92 feet; Thence South 63°22'16" East 387.70 feet; Thence South 46°51'08" East 349.35 feet; thence South 00°00'00" East 266.40 feet; Thence South 82°37'38" East 348.59 feet; Thence South 01°06'33" West 509.75 feet; Thence South 89°00'14" East 710.54 feet; Thence South 51°48'50" East 133.16 feet; Thence North 90°00'00" East 235.32 feet; Thence North 00°23'55" East 1423.85 feet to the north line of the Southeast Quarter of said Section 28; Thence North 89°11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter; Thence North 89°11'26"West 1695.92 feet to the Point of Beginning. Except right of way for roads along the north side thereof. Parcel V (181328-43402) Lot 29 YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Parcel W (181332-11001) The Northeast Quarter of the Northeast Quarter of Section 32, Township 13 North, Range 18 East, W.M. Except right of ways along the east side thereof. Exhibit `A" Parcel X (181333-12001) The Northwest Quarter of the Northeast Quarter and the North Half of the Northwest Quarter all in Section 33, Township 13 North, Range 18 East, W.M. And the West 20.00 feet of the Southwest Quarter of the Northeast Quarter of said Section 33. Except the East 2 Rods and the South 2 Rods of said Northwest Quarter of the Northeast Quarter and the South 2 rods of the East 2 Rods of the Northeast Quarter of the Northwest Quarter of said Section 33.. And Except right of way along the west side thereof. Parcel Y (181333-11001) The East Half of the Northeast Quarter of Section 33, Township 13 North, Range 18 East, W.M. Except the East 30 feet for County Road. Parcel Z (181333-23001) The South Half of the Northwest Quarter of Section 33, Township 13 North, Range 18 East, W.M. And the East 2 Rods and the South 2 Rods of the Northwest Quarter of the Northeast Quarter of said Section 33 and the South 2 rods of the East 2 Rods of the Northeast Quarter of the Northwest Quarter of said Section 33. Except the East 30 feet for County Road. All situate in Yakima County, Washington. Exhibit `A" :t —lTT r--. City of Yakima PUTURE GNU USE lave Mena" RWdmd.l ' u Medlem OruhTRe$d.ntl*I (MDR) ® High 0.n.iry RWd.od.1 (NPR) hvl*l o-. S N.ISLEshoodtannn.ed.l (NC) C3DS ! Modal CemmweLt (ACI ® CSR ton CemmwdY I m.a.l (1) CITYLD RS — VAAMAURlnN 0R0Wn, ARE.n s Figure 7: Revised Yakima Future Land Use Congdon Orchards Yakima, Washington ® HART! HOWERTON Planners. ArchilTcls Landscape Archilecla Map 7.2001 1 I l -_. Tr i i ; P Imo= �' cs�~ I E. -oN 1 • - . .tlitant200' 55 SR Suburban ReatdanUai • • LF --1_- t • ji E?• r jElt • R-1 Single-FemBy RecIdential F/-2 insvFnmIty Residential Mult1FarnUy Residontlet B-7 Professional Business.. 0-2 Local Staines* HD fitatorleal Business SCO Sloan Convenience Center LCC LaRta Conventence Center CBD Central Buirinecs blataci ;WI CLOYS COD Sbpport 20.1 Light Induetriat PA -2 Beery Inclustrtat FOUR 110 Year Floodbieln .• . ,. " . 1._,._ .I.,..,. l [II . -, t • ,'..— I.v; -.1. , . • ' ":_:.---:-.3. : .).,54--;11'-_,__. ' 6. LI 7 -47,..:.:c., -z 5 i r - ....' , • ,41.L,',3,P.::::.• ,to. -vat atrisk,,,,i . t.o..:41, . –t 1-7 • —11 Figure 8: Revised Future Zoning Designations =air 4111-151- Congdon Orchards Yakima. Washington HART] NOWERTON Plmmers, Atchitects LAnds.pe Archtteels hley 4, 2001 I _ 1 . .._ -__!!?:1HM. , • : • . Lit w BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of November 20, 2001 ITEM TITLE: Public Hearing on Congdon Orchards Development Agreement SUBMITTED BY: William Cook, Community and Development Director CONTACT PERSONfTELEPHONE: William Cook, Community and Development Director, 575-6113 or Raymond L. Paolella, City Attorney, 575-6030 SUMMARY EXPLANATION: On May 15, 2001, the City Council approved the execution of a Memorandum of Understanding with Congdon Orchards, Inc., a copy of which is attached to this Agenda Statement. This Memorandum of Understanding was specifically contemplated to be the basis of a GMA Development Agreement pursuant to RCW 36.70B.170-210. The parties agreed that they would use their best efforts to diligently and in good faith promptly negotiate such a Development Agreement on terms consistent with the Memorandum of Understanding. Accordingly, the attached Development Agreement was prepared as a more specific implementing agreement based upon the Memorandum of Understanding. The proposed Development Agreement would, over a term of 40 years, provide planning principles, development standards, and procedures to help guide the orderly development of the newly annexed Congdon property. Some of the key elements of the Development Agreement include a "vested rights" provision regarding development regulations, airport safety overlay regulations, SEPA review provisions, development application processing procedures, road and wastewater service improvements, and assignment of the Development Agreement to third parties. Continued on next page Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Terry C. Schmalz, Halverson & Applegate P. S., 311 N. 4th St., P.O. Box 22730, Yakima, WA 98907-2715 Phone: (509) 575-6611 Funding Source APPROVED FOR SUBMITTAL Jf City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL AC'17ON: Continuation of Agenda Statement Ie Memorandum Lf Understanding with Congdon !l chrds Page -2 RCW 36.70B.200 provides that a City shall only approve a development agreement by ordinance or resolution after a public hearing. A resolution is also enclosed authorizing the City Manager to execute the Development Agreement, which the City Council may act upon at the conclusion of the public hearing. (1k)agenda/Congdon Development Agreement 11-20-O1-rlp MEMORANDUM OF UNDERSTANDING 1. Parties City of Yakima 129 North Second Street Yakima, WA 98901 Congdon Orchards, Inc. P.O. Box 2725 Yakima, WA 98907 2. General Understandings This memorandum of understanding is intended to document various areas of negotiation, understandings and agreements by and between the City of Yakima (the "City") and Congdon Orchards, Inc., ("Congdon") regarding the matters set forth herein related to the future development of the Congdon properties ("Congdon property") and the surrounding areas, upon annexation of the Congdon property to the City. The future conceptual Development Plan dated April 9, 2001("Plan") for the Congdon property is attached hereto as Exhibit A and is incorporated herein by this reference. The parties recognize that over time this Plan may be modified to adapt to changing conditions and circumstances; substantial changes are not anticipated. Both parties recognize that a primary goal of these negotiations is to strengthen the planning process and to anticipate planning and land use issues, and to reduce and minimize the economic costs of future development of the Congdon property and its surrounding areas. Congdon and the City desire that this memorandum describe and implement planning principles, development standards, and procedures to eliminate uncertainty in planning. Congdon and the City also believe that this memorandum should: guide the orderly development of the Congdon property consistent with the Yakima Urban Area Comprehensive Plan ("Comprehensive Plan") and Exhibit A; describe the SEPA process for mitigating probable significant adverse environmental impacts, if any; describe installation of certain on-site and off- site infrastructure and improvements; and describe objectives and goals for funding of public improvements. Furthermore, both parties recognize that development of the Congdon property pursuant to this memorandum would be in the best interests of both Memorandum of Understanding - 1 parties, the Yakima community as a whole, and Yakima county ,n general. Lastly, in order to fulfill the goals, objectives and agreements contained herein, the City shall diligently and ingood faith obtain use its relevantest governmentalefforts governmental applicable public funding requirements, authorizations, comply with applicable environmental and land use laws, and initiate, propose and support any appropriate amendments to the City of Yakima Municipal Code. -____ding between Congdon and the City, Certain specific points of understanding as set forth below, are contemplated�Cto become B 170- 210. The parties agree the basis of a GMA development agreement pursuant topromptly that they shall use their best efforts to diligently and in good faith pram p negotiate such a development agreement ("Development Agreement") on terms _t_:_ed herein, not than 120 days from the consistent with illi. points vv__:.'ylf idyl! fi`.iA MAAxx ary .. later date hereof. In the event that the parties cannot reach agreement on a development agreement, this memorandum understanding shall represent the goals, objectives and agreements of the artieswith ept to the matters contained herein. 3. Terms of cooperation between City of Yakima, Yakima Air Terminal, and Congdon (a) Congdon "airport parcels" Congdon owns property south of Washington Ave. and near the existing Yakima Air Terminal (the "Airport Parcels"). Congdon is exploring negotiations with the Yakima Air Terminal ("YAT") by which YAT would acquire some or all of the Airport Parcels as part of the airport approach and transitional zone. Funding of this acquisition is a joint effort of YAT and the Federal Aviation Administration. The City, as a joint owner of YAT, shall cooperate with Congdon and YAT for the purpose of facilitating acquisition of the Airport _ to the parties and YAT. Parcels by YAT on terms mutually agreeable In the event that this property is not acquired by YAT, the City shall diligently and in good faith use its best efforts to pursue funding sources to provide urban -level infrastructure (i.e., roads, fiber optics and utilities) to these sites, including the use of eligible matching funds, low interest loans, or grants. (b) Airport safety overlay zoning district The airport safety overlay ("ASO") development regulation was adopted by the City of Yakima on February 6, 2001, and is codified in Yakima Municipal Code, Chapter 15.30. The ASO may be inconsistent with the land use designations contained "compatibility in the Comprehensive Plan and imposes additional layers of Memorandum of Understanding - 2 review" which discourages otherwise acceptable uses (such as schools, places of public assembly, and multi -family residential uses). This additional burden of review may subject otherwise permitted land uses to challenges unrelated to airspace protection concerns. Congdon acknowledges the interests of YAT regarding the prevention of airspace obstructions. To the extent that the ASO is not consistent with, or fails to implement, the land uses contemplated in the future land use map, or to the extent that the ASO creates additional burdens on development permit processing at the land use compatibility level (as opposed to the site planning and design and construction levels), the City, through City Management, will work in good faith and in cooperation with the YAT Board and Yakima County (joint owners to the airport with the City) to initiate and support formal legislative amendments to the ASO so that it is not inconsistent with the uses permitted in the Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the Yakima Zoning ordinances. 4. Standards, laws, and procedures governing Congdon development (a) Permitted uses; applicable law Congdon seeks to secure vested rights to develop pursuant to the applicable development standards as of the date hereof, or as of the date of any Development Agreement executed pursuant to this MOU. In this context, the phrase "development standards" is intended to mean rules, regulations, official policies, and other standards and specifications including all applicable provisions of Chapters 36.70A (Growth Management) and 58.17 (Plats, Subdivisions, and Dedications), the Yakima Municipal Code, the Yakima Urban Area Comprehensive Plan, all uncodified City ordinances and resolutions, as well as all other federal, state, and City rules, regulations, official policies, standards and specifications now in force and effect. (b) Adoption of future land uses and zoning districts The future land uses for the Congdon property were adopted by the City on February 6, 2001. Congdon proposes that the Future Land Uses Map adopted by the City on said date, and the relevant zoning districts for the Congdon property be modified as set forth in Exhibit A, Figure 7 and Figure 8. The City, through City management, agrees to initiate, propose and support amendments, modifications and/or changes to the Future Land Use designations, and the underlying zoning districts, as proposed by Congdon in said Exhibit A. Said amendments, modifications or changes will be commenced Memorandum of Understanding - 3 t , __- nt modification to the Urban Area through rezone and/or d1�nGrldrrle�l,. or Comprehensive Plan and city zoning ordinances. City Management agrees to take all steps necessary to promptly, diligently and in good faith pursue these referenced amendments, modifications and/or changes. (c) Environmental review In the development of the Congdon property, and to the fullest extent the and agree to seek to utilize the MDNS permitted by law, City Congdon agree to satisfy SEPA requirements. In particular, the parties shall act in good faith and use their best efforts to negotiate acceptable terms of an MDNS pursuant to RCW Chapter 43.210, with the acknowledgement that traffic mitigation and airspace obstructions and hazards will likely require particular future study. (d) Right to farm Right to farm legislation supports the concept that farm operations are appropriate land uses in certain zoning districts. This is true even though they may be associated with ". . . noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides, and associated drift of such materials. . . . " Yakima County Code § 6.22.010. The City recognizes that the Yakima Urban Area Comprehensive Plan, and any development regulation thereunder, acknowledges the existence of right to farm polic1Ps of the Congdon property. If necessary to preserve Congdon's right to farm on its property, the City will initiate, propose and support the adoption of right to farm legislation or otherwise take measures to assure Congdon that ongoing intensive agricultural use of the Congdon �t practices) supported by the property (pursuant to best management practices) �i�.��+, shall be supported i - City in the event of conflict due to continuing urban growth. 5. Infrastructure (a) Roads Congdon and the City recognize that Washington Ave. and W. Nob Hill Blvd. are anticipated to undergo substantial improvements in the near future. Congdon is willing to dedicaenecessary from 48th ve rights to 64th Avenue andob Hill e City for improvements along Washington Blvd. from 50th Avenue to approximately 72nd Avenue in consideration of funded commitments obtained by the City for improvements to these streets. Improvements include upgrading to appropriate urban arterial standards, lighting, sidewalks and which may include but are not limited to gutters, lighting, sid. W asks Memorandum of Understanding - 4 intersection improvements. Congdon's financial participation to these improvements shall be limited to the dedication of necessary rights of way along Nob Hill Blvd. and Washington Avenue to accommodate these improvements. City Management will promptly, diligently and in good faith use their best efforts to pursue all available funding sources for the improvements above described, and will propose that such improvements be added as high priority items to the City Council's adopted six-year TIP; provided, however, it is the goal and objective of the City to endeavor to complete the improvements described herein within four years from the date hereof. Arterial improvements (e.g., street widening, curbs, gutters, sidewalks, lighting) to 64th Avenue between Washington Avenue and Midvale/Arlington avenues are anticipated but will be deferred as to such time as the City determines that appropriate demand exists and funding is available. In any event, Congdon shall have no obligation to incur any expense or financially participate in improvements to 64th Avenue, except that Congdon will participate in the funding of such improvements by contributing, at its cost, sufficient right-of-way for public improvements (e.g., street, utilities, wastewater) to 64th Avenue. The parties will cooperate to preserve to Congdon a continuing right to cross Nob Hill Blvd. and 64th Avenue for agricultural purposes in accordance with Congdon's customary operation of its adjacent orchards, subject to laws regulating the usage of public roads and right-of-ways. (b) Wastewater It is a basic assumption of this memorandum of understanding that the City's West Valley Interceptor Sewer oversizing and other necessary trunkage improvements in the affected area are guided by the language and intent found in the latest Wastewater Facilities Plan. Reasonable estimates of service population and land use have been used to provide proper and efficient layout of trunkage and interceptor placement. While it is assumed that the West Valley Interceptor north of Washington Avenue has sufficient capacity to accommodate the proposed development of the Congdon property depicted in Exhibit A, it is, also, reasonable to presume that adjustments to these layouts and associated cost projections may occur as the service area develops and/or as Congdon property development plans become more detailed. An 8 inch sewer extension line will be constructed by the City, at its cost, north along 64th Ave. from the City's West Valley Interceptor to the area just south of Wide Hollow Creek to provide service to the Congdon property in the vicinity of Wide Hollow Creek. In addition, the City shall construct, at its cost, Memorandum of Understanding - 5 an 8 -inch sewer extension line west along Nob Hill Blvd. from 54th Avenue. to approximately 62nd Avenue. In addition, the City will construct, at its cost, a sewer trunk line (minimum 27 inches) across Congdon's property, as depicted and disclosed in approved by the City tc� Exhibit A, Figure 9, or at such other location as may be app= o ° ed C and Congdon. Congdon shall participate by the dedication of a non-exclusive easement for sufficient right-of-way for this sewer trunk line. 1 This easement „ further other underground utilities, such as gas, electrical, Will lUI lilCl accommodateo fiber optics, and water. The trunk line and sewer extension lines described herein will be constructed as public works projects of the City. City Management will diligently and good faith pursue all available funding sources for these lwi l97��1ff,l`V in good ,}, high wastewater improvements. These wastewater improvements will become i priority items in the City's Wastewater Facilities CIP; provided, however, it is the goal and objective of the City to endeavor to complete the 8 -inch sewer extension lines described herein not later than three years from the date r and the trunk improvement not later than five years from the date hereof, trunk line improvement Congdon and the City will diligently and in good faith negotiate wastewater trunkage, collection and connection fees (and other related fees) such that these fees are calculated on a basis that takes into account the desirable planning goal of preservation of open space. In any event, City Management agrees to study and consider amendments to the Yakima Municipal Code to provide that trunkage, collection and other connection fees shall not exceed an amount based on a formula in excess of two times the square footage of the footprint of any subject building; provided, the parties recognize that such amendments may result in higher rates being distributed across other identified customer classes. City Management will also study and ___ _pts the Yakima Municipal Code to permanently exempt consider amendments to Yakima a•- r ------r --- - undeveloped natural and/or non-sewered areas from inclusion within the fee formulas. 'In the event that a wastewater trunk line and/or subsidiary collector lines are constructed across the central portion of Congdon's property by or at Congdon's expense, the City shall participate in oversizing costs and shall waive connection charges (including the Base Trunks/Interceptors Charge, and/or the Base Collection Pipes Charge, excluding treatment charges) related to such improvements constructed by Congdon for the Congdon property served by such sewer improvements constructed by or at Congdon's expense. It is the intent of this provision that the accommodations and provisions as provided for in the Apple Tree- City of Yakima agreements ("Sewer Construction and Bond Purchase Agreement" dated November 11, 2000) shall provide a precedent and model for similar accommodations and agreements granted to Congdon herein. Specifically, and not in limitation thereof, the provisions of paragraph 4.4 of the Sewer Construction and Bond Purchase Agreement are incorporated herein to provide specific precedence and guidance in addressing and resolving similar matters and issues between the City and Congdon. Memorandum of Understanding - 6 This agreement shall terminate in the event the parties do not commence to substantially perform the essential terms and conditions contained herein within 50 years from the date hereof. DATED this day of May, 2001 Contract No. 2001-49 CITY OF YAKIMA, WASHINGTON Resolution No. R-2001-74 Richard A. Zais, Jr., Ci Manager CONGDON ORCHARDS, INC. Bys Its f!4�_l-:y f'\clients \tcs\congdon\annex \memo understanding final.doc 4/2512001 3'00 ombw Memorandum of Understanding - 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 For Meeting Of May 15, 2001 TITLE. „_...-.,..t:..... A.,+i,.,riz;nn City Hanauer of the City of Yakima to Execute a ITEM Resolution 1- uuioiizi�.g theit ---anag-- - - Memorandum of Understanding with Congdon Orchards, Inc. ST JBMITTED BY: 1 4m Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: William Cook, (575-6113) SUMMARY EXPLANATION: For more than ten years, City of Yakima staff have been meeting informally with representatives of the the - and development of their 800 plus acre Ctte_ Congdon family t0 discuss the potential allltl.xaiivi. u.... �... • _.t,i. Within the past twelve months two events have led to an increased interest on both parties to formalize these discussions. 1'1 Congdon their property, and 2) The City's westward annexation has reached a point at which the Congdon property annexation is a logical next step The attached Memorandum of Understanding between the City of Yakima and Congdon Orchards, Inc., if approved, will, guide the orderly development of the Congdon property consistent with the Yakima Urban Area Comprehensive Plan and the attached "A Development Strategy"; describe the SEPA process for mitigating probable significant adverse environmental impacts, if any; describe installation of certain on- site and off-site infrastructure and improvements: and describe objectives and goals for funding of public improvements, Congdon Orchards, Inc. recently submitted a Notice of Intent to Commence Annexation which was accepted by the City. In turn, the City submitted its annexation application to the Yakima County Boundary Review Board on March 21, 2001 It is understood by all parties that the City's participation Continued on next page Orchards has focused time and effort on the economic development potential of Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source \� APPROVED FOR SUBMITTAL:�c J� ---)City Manager STAFF RECOMMENDATION: Approve the attached resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution approved. RESOLUTION NO. R-2001-74 in accomplishing the goals and objectives discussed within the Memorandum of Understanding. is contingent upon Congdon properties being located within the jurisdiction of the City of Yakima. Furthermore, it is the intent of all parties that this Memorandum of Understanding serve as the framework for a Development Agreement to be prepared for public hearing and Council approval as provided for under the State Growth Management Act (GMA). The attached Memorandum of Understandmg envisions a partnership between the City and Congdon Orchard, Inc. to support and promote the redevelopment of the Congdon properties; an area approximately the size of the original City of Yakima incorporated in 1886. The following summanzes the primary issues included m the memorandum: Congdon: Congdon proposes a development strategy which at full build -out could generate up to $800 milhon m economic activity, annually. A planned development which would include housing, commercial, retail, business park and fight industrial uses. Under cover of a letter to Glenn Rice, Assistant City Manager dated April 26, 2001, Terry Schmalz, Attorney for Congdon Orchards, Inc. mcludes two potential "schedules" to describe the economic impact of the long-term fully developed plan. Clearly, this project has the potential to generate significant new development, jobs, increased property values and tax revenue for the City of Yakima and the region. City of Yakima: The City of Yakima agrees to "diligently and in good faith use its best efforts" to secure funding and construct sewer line and road improvements along Nob Hill Blvd., Washington Avenue and 64th Avenue and to extend the City's proposed new West Valley Interceptor line across Congdon property. By this memorandum, the City would commit its "good faith best effort" to complete these projects on a schedule of 3 years to 5 years as shown on the attached Congdon Property map. [Please note, there is no specified time line for road improvements on 64th Avenue and therefore we have not prepared a cost estimate for this work] In return, Congdon agrees to donate all rights of way and easements required to build these projects across their land. These improvements can be charactenzed in two categories (See attached preliminary engmeenng estimates): 1) Future public improvements anticipated, with or without Congdon build -out. a) 27" West Valley Interceptor across Congdon property b) Widening of Washington Avenue from 48th Avenue west to 64th Avenue c) Widening of Nob Hill Blvd. From 52❑d Avenue west to 72nd Avenue 2) Improvements, the cost of which the City is bemg asked to "front end" for which the City will be reimbursed over time from connection fees a) 8" Nob Hill sewer line b) 8" 64th Avenue sewer line Please note, Congdon has requested an 8" line, however our prehmmary engineering suggests that a 12" may be required because of the limited slope across the length of this segment.. For estimating purposes, we have used a 12" tine. In addition, the City, through City management, agrees to "initiate, propose and support" proposed changes to the Future Land Use designation and zoning districts of land proposed for redevelopment within the Congdon property. It is understood that the final outcome of a legislative process cannot be predetermined and that final approval would be subject to Council action. RESOLUTION NO. R-2001-74 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Congdon Orchards, Inc. :AWHIERE n C (-,,.,,..i .� Orch rds Inc."Congfdon") desires to annex the Congdon Y Y11L1WI1.J, �..via6uvL viu aui s.a.a, i....��---__ , �__—__ __ __._ - Congdon properties to the City of Yakima in accordance with the understandings and agreements contained in the attached Memorandum of Understanding, and WHEREAS, the Memorandum of Understanding includes a future conceptual development plan dated April 9, 2001, for the 900 -acre Congdon property, and WHEREAS, the Congdon development will result in substantial economic bn . r' benefits c city r,f i .�..oK i f l cif and Congdon, and C1ZI.Zd1'LCell teldW and for both the y u WHEREAS, the Memorandum of Understanding contemplates certain infrastructure improvements such as roads and wastewater facilities, and WHEREAS, federal, state, and local governmental budget limitations present continuing challenges to municipalities seeking available funding for necessary infrastructure improvements, and WHEREAS, with respect to the improvements contemplated by the attached Memorandum of Understanding, City management will promptly, diligently, and in good faith use their best efforts to pursue available funding sources, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima to enter into the attached Memorandum of Understanding with Congdon Orchards, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Memorandima of Understanding with Congdon Orchards, Inc. ADOP 1'hD BY THE CITY COUNCIL this 15th day of May, 2001. A 1"I EST: City Clerk SI MAR" PLACE Mary Place, Mayor Cc's: ;:.zl zo he a truecorreet copy of the filtd in piefugit4r4i /3— / ti yt lam= ]y 1 LEEK T O x a 3,1 Deputy A 17--• I 1 ., I ' ,, • 1II. I I 11111111i114.1117 -1I1/ '......n.:7 . t ! ' .--! . • ' .! 77,,•,,,,...,1 i! ! 1 1 1 :,-,,,4,. -. _. !--• II I ! .:.-1 , !•!,!!- 11 ''', FII = \ -7-; i r • --.: ! • r ) '.--- — -- 1 --IL 1 ! r = 1 I —'' Mill f lilNiIIII ' I ..,-,.„.7 ' 1:--: .-- -- , ,----: r . i1 i 1 i i I , ':-__ ' -' -- - ' \ , 1 1- i 1 ' 1 ! 1 —: 1 ' ' ----- ' --- 7- ' -T-1 " i'iT'' "-- I fl '-I iTril 1 1 131'1-L1 , '7- 1 'I i'li'' — ----- \ \ 1'' 1 l' ! ! :-.1 _ 1 1 ! 11_2=1 1 — —, .-. I 'i, 1 , 1 1 7.1 1! -- '7: 1 = I 1' 1— -- ' \ 7 i 1 ---' I, CONOOOM :. 1 y I ' I . (_11:-_ ' ...I 1 r if i 1 ' I '-h.. I- '-'- I I 1 l'T -I I i PROPERTIES `::::,.1 - _I r . -- - ..7..L1 _ — _ 7-• 1— 11— - -- , 1 ! _. '-- 7 II .., ..._., , 1 1 I .Ti •-• 1 ;!= •• I ' I !•\ 1- c.rt,46npre, wry or YaKama Congdon Property Lakes / Reservoirs Railroad Line City Limits St de tn ( reated: May 09, 2001 City of Yakima Congdon Property 1)igital color Orthopholography Ilowti 117/18/1998 2 foot contour Interval Lakes / Reservoirs Railroad Line City Limits 44 ol Y44. N lion l's li lb lin ❑XMP, 110/ Created: May 09. 2001 "II I II (I II 411919119111 City of Yakima Original City Congdon Properties NCongdon Properties NOriginal City d, lin I�MYih Created: May 09, 2001