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HomeMy WebLinkAbout1966-791 I 1 (( ,7 X/ 7 4 ---.( / ' -72 -.1. - 7,7 d ; r ORDINANCE NO. 791 AN ORDINANCE relating to zoning; repealing Title 12, "Zoning" of the City of Yakima Municipal Code; adopting a comprehensive �� \,,_ ' i v / City Code; establishing in the ::�:.F �'. City of Yakima; regulating and restricting the use of buildings and land, establishing use, height, area, and ,, ' `iL off- street parking regulations; providing for yards, H- Q �;,`! - -; courts and other open spaces; providing for the adoption P J/ of maps showing the boundaries of zones; providing for � * a Board of Adjustment; providing for the administration ' \,\:' and enforcement of the provisions of this comprehensive _ zoning plan, and fixing penalties for the violation of its provisions; and declaring an emergency. WHEREAS, on March 7, 1966, the City Council of the City of Yakima passed Ordinance No. 779 adopting a comprehensive plan for the City of Yakima; and the City Council of the City of Yakima deems it to be necessary to adopt a comprehensive zoning plan for the City of Yakima in order to carry out the provisions and purposes of said comprehen- sive plan, and WHEREAS, the City Council of the City of Yakima heretofore passed Resolution No. D -882 declaring its intention to adopt the zoning plan contained herein for the purpose of carrying out said comprehensive • plan, and the Planning Commission of the City of Yakima has recommend- ed the adoption of the zoning plan contained herein for said purpose, and WHEREAS, the City Council deems it to be necessary for the best interests of the health, safety, morals and general welfare of the people of the City of Yakima that the zoning plan contained herein be adopted as the official comprehensive zoning plan for the City of Yakima, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That Title 12, entitled "Zoning ", of the City of Yakima Municipal Code is hereby repealed in its entirety; and each and • every chapter therein, including Chapters 12.04, 12.08, 12.12, 12.16, 12.20, 12.24, 12.28, 12.32, 12.36, 12.40, 12.44, 12.48, 12.52, 12.56, 12.60, 12.64, 12.68, 12.72, 12.76, 12.80, 12.84, and 12.88, is hereby repealed in its entirety. Section 2. That there is hereby created a new title to the City of Yakima Municipal Code, to be numbered and entitled "Title 12, �-r7A( ` L -�� ri ra: Zoning ", to consist of the new chapters and sections numbered and entitled as follows, and which shall . read as follows: "Title 12 ZON1NG Chapter 12.04 PURPOSE— TITLE — DEFINITIONS 12.04.005 PURPOSE OF TITLE. An official comprehensive zon- ing plan for the City of Yakima is hereby adopted and establish- ed to serve the public health, safety and general welfare, and to provide the economic and social advantages resulting from an orderly planned use of land resources. 12.04.010 TITLE AND CITATION. This title shall be known as "The Comprehensive Zoning Plan" of the City of Yakima. 12.04.015 PROVISIONS NOT AFFECTED BY HEADINGS. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. 12.04.020 TENSES. The present tense includes the future, and the future the present. 12.04.025 NUMBER. The singular number includes the plural, and the plural the singular. 12.04.030 SHALL. The term "shall" is mandatory and not directory. 12.04.035 ACCESSORY OR APPURTENANT. Accessory Or Appur- tenant: A building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where fifty (50) percent or more of the wall of an accessory or appurtenant building constitutes a common wall with the main building, or where less than fifty (50) percent of the wall of the accessory or appurtenant building constitutes a common wall with the main building but in which is contained an opening that permits direct passage from one to the other or where fifty (50) percent or more of the full width or length of the roof of the accessory or appurtenant building is a physical continuation of the roof of the main building, then such . an accessory or appurtenant building shall be considered part of the main bui 1 di ng. 12.04.040 ALLEY. Alley: A public thoroughfare or way having a width of not more than twenty (20) feet which affords only a secondary means of access to abutting property. 12.04.045. AMENDMENT. Amendment: A change in the word- ing, context or substance of this title, or a change in the zone boundaries upon the zoning map, which map is a part of this title when adopted by ordinance by the City Council in the manner prescribed by law. 12.04.050 APARTMENT. Apartment: A room or suite of two or more rooms in a multiple dwelling, occupied or suit- able for occupancy as a residence for one family. 12.04.055 APARTMENT HOUSE. Apartment House: A building or a portion of a building, designed for occupancy by three (3) or more families living independently of each other, and containing three (3) or more dwelling units. -2- 12.04.060 AUTOMOBILE WRECKING. Automobile Wrecking: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. 12.04.065 BLOCK. Block: All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, water way, terminus or dead-end street, or city boundary. An intercept- ing street shall determine only the boundary of the block on the side of the street which it intercepts. 12.04.070 BOARDING HOUSE. Boarding House: A building with not more than six guest rooms where lodging and meals are provided for compensation for not more than ten (10) persons, but shall not include rest homes or convalescent homes. Any number of guest rooms over six shal I be consider- ed a hotel. 12.04.075 BUILDING. Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides". 12.04.080 BUILDING AREA. Building Area: The maximum horizontal projected area of a building and its appurtenant buildings, excluding open steps, buttresses, terraces, cor- nices and other ornamental features projecting from the walls of the building, not otherwise supported from the ground. 410 12.04.085 BUILDING, HEIGHT OF. Building, Height Of: The vertical distance measured from the average curb level at the front of the building to the highest point of the roof surface, if the roof is flat, to the deck line of mansard roofs, and to the mean height level between eaves and ridges for gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building may be measured from the aver- age elevation of the finished grade along the front of the building, providing its distance from the street line is not less than the height of such grade above the established curb level. 12.04.090 BUILDING, MAIN. Building, Main: The principal building on a lot or building site designed or used to accomo- date the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this title shall be construed as constituting a main build- ing. 12.04.095 BUILDING SITE. Building Site: (a) The ground area of one lot or parcel or, (b) the ground area of two or more lots or parcels when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. 12.04.100 BUSINESS OR COMMERCE. Business Or Commerce: The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the mainten- ance and use of offices, structures and premises by professions rendering services. -3- • 12.04.105 CLUB. Club: As association of persons for some common non-profit purpose but not including groups organized primarily to render a service which is customarily carried on as a business. 12.04.110 COMMISSION. Commission: The Planning Commission of the City of Yakima. 12.04.115 CONVALESCENT, NURSING OR GUEST HOMES. Convales- cent, Nursing Or Guest Homes: The same as boarding house, but permitting nursing, dietary and other personal services to 111 convalescents, invalids or aged persons, but excluding mental cases and cases of contagious or communicable disease and excluding surgery or primary treatments which are customarily provided in sanitariums and hospitals. 12.04.120 COURT. Court: That part of a lot which is unoccupied from the ground to the sky or from an intermediate floor to the sky; and in relation to a story of a building it shall mean the part of a lot which is unoccupied above the horizontal plane passing through said story at a level of the sill of the lowest window transmitting light from the court of said story. 12.04.125 DUMP. Dump: An area devoted to the dumping of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or non-combustible refuse, offal or dead animals. 12.04.130 DWELLING. Dwelling: A building or portion thereof designed exclusively for residential purposes, includ- ing one-family, two-family and multiple family dwellings, but shall not include hotels, auto courts, boarding houses and lodging houses. 12.04.135 DWELLING UNIT. Dwelling Unit: One or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. 12.04.140 DWELLING, ONE-FAMILY. Dwelling, One-Family: A detached building designed exclusively for occupancy by one family and containing one dwelling unit. 12.04.145 DWELLING, TWO-FAMILY. Dwelling, Two-Family: A building designed exclusively for occupancy by two families living independently of each other, and containing two dwell- ing units. 12.04.150 DWELLING, MULTIPLE. Dwelling, Multiple: A building, or portion thereof, designed for occupancy by three or more families living independently of each other, and con taining three or more dwelling units. 12.04.155 FAMILY. Family: An individual, or two or more persons related by blood or marriage, or a group of not more 410 than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. 12.04.160 FILLING STATION. Filling Station: A service station to supply motor fuel and oil to motor vehicles and including grease rack or elevators and providing minor tire and battery servicing and sales of motor vehicle accessories. 12.04.165 GARAGE, PRIVATE. Garage, Private: An accessory building or an accessory portion of the main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building. -4- 12.04.170 GARAGE, PUBLIC. Garage, Public: A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale. 12.04.175 GRADE. Grade: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of the street side of a sidewalk, the above-ground level shall be measured at the sidewalks. 12.04.180 GROUP HOUSES. Group Houses: Two or more separate buildings each containing one or more dwelling units, including row houses. 12.04.185 HOME OCCUPATION. Home Occupation: Any occu- pation of a service character which is clearly secondary to the main use of the premises •as a dwelling Place, and does not change the character thereof or have any exterior evi- dence of such secondary use. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale upon the premises. 12.04.190 HOSPITAL. Hospital: An institution specializ- ing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons and licensed by state law to provide facilities and services in surgery and obstetrics and general medical prac- tice as distinguished from treatment of mental and nervous disorders, but not excluding surgical and post-surgical treatment of mental cases. 410 12.04.195. HOTEL. Hotel: A building in which there are seven or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not • include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. 12.04.200 INSTITUTION. Institution: An establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups, or individuals. 12.04.205 KITCHEN. Kitchen: Any room used or intended or designed to be used for cooking or the preparation of food. 12.04.210 LODGING HOUSE. Lodging House: Means the same as boarding house, except that no meals shall be provided. 12.04.215 LOT. Lot: A plot, parcel or tract of land occupied or proposed to be occupied by one building and the accessory buildings customarily incident to it, including such open spaces as are required by this title, and such open spaces as are arranged and designed to be used in con- nection with such building and having its principal frontage on a public street. If one or more lots are built upon as a unit of property, they shall be considered as a single lot. 12.04.220 LOT AREA OR PARCEL AREA. Lot Area Or Parcel Area: The total horizontal area within the boundary lines of a lot or parcel. For the purpose of determining area in the case of an irregular, triangular or gore shaped lot or parcel, a line.ten (10) feet in length within the lot or parcel and farthest removed from the front lot line and at right angles to -5- the line comprising the depth of such lot or parcel shall be used as the rear lot line. 12.04.225 LOT, CORNER. Lot, Corner: A lot situated at the intersection of two or more streets, provided the angle of the intersection of the street margins does not exceed one hundred thirty-five degrees (135°), (Plate I). 12.04.230 LOT DEPTH. Lot Depth: The horizontal length of a straight line drawn from the mid-point of the front lot line to the midpoint of the rear lot line. 411 12.04.235 LOT, INSIDE OR INTERIOR. Lot, Inside Or Interior: A lot other than a corner lot or reversed corner lot. (Plate I.) 12.04.240 LOT, KEY. Lot, Key: The first lot to the rear of a reversed corner lot and whether or not separated by an alley. (Plate 1.) 12.04.245 LOT LINE, FRONT. Lot Line, Front: In the case of an interior lot, the property line separating the lot from the street. In the case of a corner lot, the front line shall be the property line separating the narrowest street frontage of the lot from the street. (Plat 2.) 12.04.250 LOT LINE, REAR. Lot Line, Rear: 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: (Plat 2.) 1. for a triangular or gore shaped lot a line ten (10) 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, the 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 recorded 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. 12.04.255 LOT LINE, SIDE. Lot Line, Side: Any lot boundary line not a front lot line or a rear lot line. (Plate 2.) 12.04.260 LOT OF RECORD. Lot of Record: A lot as shown on an officially recorded plat or subdivision, or a parcel of land the deed to which is officially recorded, considered as a unit of property, and described by metes and bounds. 12.04.265 LOT, REVERSED CORNER. Lot, Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of said corner lot abuts. (Plate I.) 12.04.270 LOT, THROUGH. Lot, Through: An interior lot having frontage on two streets. 12.04.275 LOT, WIDTH. Lot, Width: The horizontal dis- tance 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, provided that the length -6- of the line constituting the rear line of the required front yard shall never be less than fifty (50) feet. (Plate 3.) 12.04.280 MOTEL OR AUTO COURT. Motel Or Auto Court: A group of attached or detached b u i l d i n g s c o n t a i n i n g i n d i v i d u a l sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and such words shall also include tourist courts and motor lodges. 12.04.285 NONCONFORMING BUILDING. Nonconforming Building: A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this title to it, no longer conforms to the use, height or area regulations of the zone in which it is located. 12.04.290 NONCONFORMING USE. Nonconforming Use: A use which was lawfully established and maintained but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located. A nonconforming building, or nonconforming portion of the building shall be deemed to constitute a nonconforming use of the land upon which it is located. 12.04.295 OCCUPIED. Occupied: Includes the term designed or intended to be occupied. 12.04.300 OUTDOOR ADVERTISING DISPLAY. Outdoor Advertis- ing Display: Any card, paper, cloth, metal, glass, wooden or other display or device of any kind whatsoever placed for outdoor advertising purposes on the ground or on any tree, • wall, rock structure or thing whatsoever. 12.04.305 PARCEL. Parcel: A piece of real property other than a lot as herein defined, or any piece of land other than a lot which is occupied or used as a single unit. 12.04.310 PLACE. Place: An open unoccupied space not less than sixteen (16) feet in width, other than an alley, which is dedicated to the purpose of access for abutting property. 12.04.315 PERCENTAGE OF LOT OCCUPANCY. Percentage of Lot Occupancy: The percentage of the area of a lot or parcel, as herein defined, which is occupied as building area. 12.04.320 SALVAGE YARD. Salvage Yard: A place where used parts of automobiles or other equipment are collected and processed for resale. 12.04.325 SANITARIUM. Sanitarium: A health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and in- jured persons and is licensed by state agencies under provi- sion of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders, but not excluding surgical and post surgical treatment of mental cases. 12.04.330 SERVICE STATION. Service Station: A filling station to supply motor fuel and oil to motor vehicles and including grease racks or elevators and providing minor tire and battery servicing and sales of motor vehicle accessories. 12.04.335 SIGN. Sign: Any outdoor advertising display or outdoor advertising structure, or any indoor advertising -7- display or indoor advertising structure, designed and placed so as to be readable pri-ncipally from the outside. 12.04.340 STABLE, PRIVATE. Stable, Private: A detached accessory building in which horses, owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale. 12.04.345 STABLE, PUBLIC. Stable, Public: A stable other than a private stable. 41/ 12.04.350 STORY. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it. If there shall be no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. 12.04.355 STREET. Street: A public thoroughfare which affords principal means of access to abutting property. A public thoroughfare having a width of twenty (20) feet or less which affords principal means of access to abutting property shall be considered a street for the purpose of determining yards. (Plate 4). 12.04.360 STREET LINE. Street Line: The property boun- dary line between a street and the abutting property. (Plate 4). 12.04.365 STREET SIDE. Street Side: A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. 12.04.370 STRUCTURAL ALTERATIONS. Structural Alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exter- ior lines if such changes result in any enlargement of the building. 12.04.375 TRAILER COURT, AUTOMOBILE. Trailer Court, Automobile: Any area or parcel of land used or designed to accommodate two more automobile trailers. A trailer shall mean a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same use as an automobile trailer without motor power. 12.04.380 USE. Use: The purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained. 12.04.385 VARIANCE. Variance: A modification of the specific •regulations of this title in accordance with the terms of this title for the purpose of assuring that no pro- 411 perty, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 12.04.390 WASTE MATERIAL PROCESSING AND JUNK HANDLING. Waste Material Processing And Junk Handling: A place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled or cleaned, and places or yards for the storage of salvaged materials and equipment from house wrecking and salvaged struc- tural steel materials and 'equipment, but excluding pawn shops and establishments for the sale, purchase or storage of used cars in operative •condition, salvaged machinery, used furniture -8- and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations. 12.04.395 YARD. Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. 12.04.400 YARD, FRONT. Yard, Front: A yard extending across the full width of the lot, having at no point Tess than the minimum required horizontal distance between the front lot line and the closest permissible location of the • main building. Said distance shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on an official plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this de- finition. (Plate 4). 12.04.405 YARD, REAR LINE OF THE REQUIRED FRONT. Yard, Rear Line Of The Required Front: A line parallel to the front lot Line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot. (Plate 4). 12.04.410 YARD, SIDE. Yard, Side: A yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear lot line, the width of which side yard shall be measured horizontal ly from, and at right angles to, the nearest point of a side lot line . towards the nearest part of a main building. (Plate 4). 12.04.415 LANDSCAPE SCREENING. Landscape Screening: Screening to consist of a continuous fence or wall supplemented with landscape planting or a continuous evergreen hedge supple- mented with landscape planting ao as to create a permanent sight obscuring screen. 12.04.420 YARD, REAR. Yard, Rear: A yard extending across the full width of the lot, having at no point less than the minimum required horizontal distance between the rear pro- perty line and the closest permissible location of the main or accessory buildings. Said distance shall be measured by a l i n e at right angles to the rear property line, or by the radial line in the case of a curved rear lot line. Chapter 12.08 ZONES ESTABLISHED — BOUNDARIES, ANNEXATIONS AND USES • 12.08.010 ZONE CLASSES AND SYMBOLS. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the City of Yakima is hereby divided into ten classes of zones to be known as follows: R -I ONE- FAMILY ZONE R -2 TWO- FAMILY ZONE R -3 MULTIPLE- FAMILY ZONE R -4 SUBURBAN RESIDENCE ZONE B -I MODIFIED BUSINESS ZONE -9- B-2 LOCAL BUSINESS ZONE B-3 GENERAL BUSINESS ZONE M-I LIGHT INDUSTRIAL ZONE M-2 HEAVY INDUSTRIAL ZONE M-3 AIRPORT INDUSTRIAL ZONE 12.08.020 REFERENCE TO ZONE BY SYMBOLS. Whenever the terms "R", "B" or "M" Zones are used in this title, they shall be deemed to refer to all zones containing these same letters in their titles. 110 12.08.030 ZONING MAP ADOPTED. The location and boundaries of the various zones are such as are shown and delineated on the "Zoning Map of the City of Yakima" and said Zoning Map and all notations thereon are hereby made a part of this title. 12.08.040 DIVISION OF ZONING MAP. The Zoning Map may, for convenience, be divided into parts and each such part may, for purposes of more readily identifying areas within such Zoning Map, be subdivided into units and such parts and • units may be separately employed for purposes of amending the Zoning Map or for any official reference to the Zoning Map. • 12.08.050 BOUNDARY CHANGES. Changes in the boundaries of the zones shall be made by ordinance adopting an amended Zoning Map, or part of said map, or unit of a part of said Zoning Map, which said amended maps, or parts or units of parts, when so adopted, shall be published in the manner • prescribed by law and become a part of this title. 12.08.060 UNCERTAINTY •IN BOUNDARIES. Where uncertainty exists as to the boundaries of any zone shown upon a zoning map or any part or unit thereof, the following rules of • construction shall apply: (I) Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. (2) Where the location of the boundaries are shown to be other than street, alley or lot line, then such boundary shall be construed to be one hundred (100) feet from, and par- allel with, the street margins •unless shown to be otherwise by a distance in figures. (3) Where a boundary line divides a lot under a single ownership at the time of the passage of this •title, the regulations for the less restricted zone may extend to the entire lot, provided such extension does not exceed a dis- tance of twenty (20) feet beyond the boundary of such zone. (4) Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts. • (5) Where the street layout actually on the ground varies from that shown on the Zoning Map, the designations shown on the map shall be applied by the Board of Adjustment to the street as actually- laid out so as to carry out the intent and purpose of the zoning plan for that district. 12.08.070 CLASSIFICATION OF ANNEXED LANDS. All land or territory hereafter annexed to the City of Yakima, unless otherwise classified by city ordinance after a recommendation • from the Planning Commission, shall immediately upon annexation be classified as being in the R-I Zone and the Zoning Map shall be so amended without additional procedure. -10- 12.08.080 .LIMITATION OF USES. Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed in the same zone in which such building and land is located. Chapter 12.12 4 R -I, ONE- FAMILY ZONE 12.12.010 USE REGULATIONS. In an R -I Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as, hereinafter specifically provided and allowed by this chapter, subject to the provision of Chapter 12.56 governing off - street parking requirements. In an R -I Zone, the following uses only are permitted: (I) One - family dwellings of a permanent character placed in a permanent location. (2) Accessory buildings, including private garages; provided, that accessory buildings shall not occupy more than ten (10) per cent of the total area of the lot, and further provided that on a reversed corner lot an accessory building shall not be erected closer than five (5) feet to the line of any abutting lot to the rear, nor shall it pro- ject beyond the rear line of the required front yard of the abutting lot to the rear. • (3) Private greenhouses and horticultural collections. (4) Private stables, provided: (a) The number of horses, not counting sucklings, in a private stable shall not exceed two for every acre in the area of the lot on which such building is located. (b) Not more than one appurtenant building having a total floor area of not to exceed thirty (30) square feet which is used for the housing of domestic animals and fowls shall be permitted on any lot. (5) Public parks and playgrounds, including usual park buildings. (6) Railroad and shelter stations. (7) Home occupations as specified in Chapter 12.04. (8) The following signs: (a) One unlighted sign not exceeding six (6) square feet in area pertaining only to the sale, lease, rent or hire of only the par- ticular building, property or premises upon which displayed. (b) Name plates not exceeding two (2) square feet in area bearing only the name and occupation of the occupant, and when so used shall be attached to the building. -II- (9) The renting of rooms for lodging purposes only for the accommodation of not to exceed six persons in a single family dwelling. (10) A fraternity house, sorority house, or boarding house when occupied by students and supervised by the authori- ties of a public or educational institution. (II) Gardening, or fruit raising. (12) Special property uses specifically allowed in an •. R -I Zone. (Chapter 12.52) (13) Churches, provided that the following special re- quirements are met: (a) Twenty (20) percent of the total lot area shall be dedicated to landscaping and greenery. Patios and /or walkways shall be permitted to occupy part of the twenty percent. (14) Public schools, private schools in which prescribed courses of study only are given and which are graded in a manner similar to public schools or are of a higher nature, kindergartens and nursery schools, provided that the follow - ing special requirements are met: (a) All school sites, excluding kindergartens and nursery schools, shall have a minimum lot area of twenty thousand (20,000) square feet. Kindergartens and nursery school sites shall have a minimum lot area of ten thousand • (10,000) square feet. (b) No building, including accessory buildings, shall occupy more than twenty (20) percent of the total lot area. (c) Areas abutting residential lots shall be sight screened and fenced. (15) Swimming pools, provided the following requirements are met: (a) A three (3) foot set back from the side and rear property lines must be maintained. (b) The yard or area around the pool must be en- closed by a fence not less than three and one -half (32) feet in height. 12.12.020 HEIGHT REGULATIONS. In an R -I Zone, no building shall exceed two and one -half stories or thirty -five (35) feet in height, whichever is the lesser. • 12.12.030 AREA REGULATIONS--FRONT YARD. Every lot and every parcel in an R -1 Zone shall have a front yard of not less than twenty (20) feet. 12.12.040 AREA REGULATIONS--SIDE YARDS. In an R -I Zone, every lot and every parcel shall have side yards as follows: (1) Interior lots or parcels and corner lots and parcels shall have a side yard on each side of a building of not Tess than ten (10) percent of the width of the lot or parcel, pro- vided that such side yard shall not be Less than five (5) feet -12 in width, and need not exceed eight (8) feet in width. Ex- cept, that buildings over one story shall provide a side yard of not less than eight (8) feet in width on each side of the building. (2) Reversed corner lots or parcels shall have the following side yards: (a) On the side of the reversed corner lot or parcel, the side line of 'which adjoins another lot or parcel, the side yard shall be the same as that required for an inter- ior lot. (b) On the side street side of a reversed corner lot or parcel, there shall be a side yard of not less than fifty (50) percent of the front yard required for said lot or parcel. (Plate 5). 12.12.050 AREA REGULATIONS--MINIMUM LOT AREA. The minimum required area of a lot or parcel in the R-I Zone shall be seven thousand (7,000) square feet. 12.12.060 AREA REGULATIONS--LOT AREA PER DWELLING UNIT. The lot area per dwelling unit shall be not less than the minimum required lot or parcel area. 12.12.070 AREA REGULATIONS--LOT WIDTH. Every lot or par- cel created after the effective date of this title 'shall main- tain a width of not less than sixty (60) feet at the rear of the required front yard. 12.12.080 AREA REGULATIONS--PERCENTAGE OF LOT OCCUPANCY. In an R-I Zone, no building, including its accessory build- ., ings, shall occupy, or cover more than thirty-five (35) per- cent of the total lot area. 12.12.090 AREA REGULATIONS--REAR YARD. Every parcel and lot in an R-I Zone shall have a rear yard of not less than twenty (20) feet. Accessory building may be located in the required rear yard provided such buildings come not nearer than five (5) feet to any lot line. In no case shall a dwelling or accessory building be built over an easement for a city owned or franchised utility. Chapter 12.16 R-2, TWO-FAMILY ZONE 12.16.010 USE REGULATIONS. In an R-2 Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off-street park- ., ing requirements. In an R-2 Zone, the following uses only are permitted: (I) Any use permitted in an R-I Zone, provided that non- residential uses shall be subject to the requirements and standards as specified for the same uses in an R - I Zone. (2) Two-family dwellings. (3) Special property uses specifically allowed in an R-2 Zone. (Chapter 12.52) -13- 12.16.020 HEIGHT REGULATIONS. In an R-2 Zone, no build- ing shall exceed two and one-half stories or thirty-five feet in height, whichever is the greater. 12.16.030 AREA REGULATIONS--FRONT YARD. Every lot and every parcel in an R-2 Zone shall have a front yard of not less than twenty feet. 12.16.040 AREA REGULATIONS--SIDE YARD. In an R-2 Zone, every lot and every parcel shall have side yards as follows: 411 (I) Interior lots or parcels and corner lots or parcels shall have a side yard on each side of a building of not less than ten per cent of the width of the lot or parcel; provided, that such side yard shall not be less than five feet in width, and need not exceed eight feet in width. Except, that build- ings over one story shall provide a side yard of not less than eight feet in width on each side of the building. No interior side yard need be provided, however, on the side lot line where one dwelling unit is joined to another by a common wall at the property line to form a two-family dwell- ing. Where a common wall does not extend for the entire length of the buildings, side yards as required herein shall be provided for any part of the structures not joined by the common wall. (2) Reversed corner lots or parcels shall have the follow- ing side yards: (a) On the side of the reversed corner lot or parcel, the side line of which adjoins another lot or parcel, the side yard shall be the same as that required for an interior lot. (b) On the side street side of a reversed corner lot or parcel, there shall be a side yard of not less than fifty per cent of the front yard required for said lot or parcel. 12.16.050 AREA REGULATIONS--LOT. The minimum lot area of a lot or parcel for a one-family dwelling in an R-2 zone shall be seven thousand square feet, except when one dwelling unit is joined to another by a common wall at the property line, the minimum lot or parcel area for each unit shall be four thousand square feet. 12.16.060 AREA REGULATIONS--TWO-FAMILY DWELLING. The minimum lot area for a two-family dwelling shall be eight thousand square feet. 12.16.070 AREA REGULATIONS--LOT WIDTH. Every lot or parcel created after the effective date of this title shall . maintain a width of not less than sixty feet at the rear of the required front yard, except, when one dwelling unit is joined to another by a common wall at the property line to form a two-family dwelling, the minimum lot width at the rear of the required front yard shall be thirty feet for each dwell- ing unit. 12.16.080 AREA REGULATIONS--PERCENTAGE OF LOT OCCUPANCY. In an R-2 Zone, no building, including its accessory buildings, shall occupy or cover more than forty per cent of the total lot area. -14- 12.16.090 AREA REGULATIONS--REAR YARD. Every parcel and lot in an R-2 Zone shall have a rear yard of not less than fifteen feet. Accessory buildings may be located in the required rear yard provided such buildings come not nearer than five feet to any lot line. In no case shall a dwelling or accessory building be built over an easement for a city owned or franchised utility. • Chapter 12.20 R-3, MULTIPLE-FAMILY ZONE 12.20.010 USE REGULATIONS. In an R-3 Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off- street parking requirements. In an R-3 Zone, the following uses only are permitted: (1) Any use permitted in an R-2 Zone, provided that non- residential uses shall be subject to the requirements and standards as specified for the same uses in an R-1 Zone. (2) Multiple family dwellings and apartment houses without stores. (3) Group houses. (4) Boarding or lodging houses. (5) Special property uses specifical ly allowed in an R-3 Zone. (Chapter 12.52) 12.20.020 AREA REGULATIONS--FRONT YARD. Every lot or parcel in an R-3 Zone shall have a front yard of not less than fifteen feet in depth. 12.20.030 AREA REGULATIONS--SIDE YARDS. In an R-3 Zone, every lot and every parcel shall have side yards as follows: (1) Interior lots or parcels and corner lots or parcels shall have a side yard on each side of a building of not less than ten (10) percent of the width of the lot or parcel, pro- vided that such side yard shall not be less than five (5) feet in width, and need not exceed eight (8) feet in width. Except, that buildings over one story shall provide a side yard on each side of the building of not less than fifty (50) percent of the height of said building. (2) Reversed corner lots or parcels shall have the follow- ing side yards: (a) On the side of the reversed corner lot or parcel, 0 the side line of which adjoins another lot or parcel, the side yard shall be the same as that required for an interior lot. (b) On the side street side of a reversed corner lot or parcel, there shall be a side yard of not less than fifty (50) percent of the front yard required for said lot or parcel. 12.20.040 AREA REGULATIONS--LOT. The minimum required area of a lot or parcel in an R-3 Zone shall be seven thousand (7,000) square feet. -15- 12.20.050 AREA REGULATIONS--LOT WIDTH. Every lot or par- cel created after the effective date of this title shall main- tain a width of not less than sixty (60) feet at the rear of the required front yard. 12.20.060 AREA REGULATIONS--PERCENTAGE OF LOT OCCUPANCY. The following lot occupancy requirements shall apply in an R-3 Zone: (1). Single family dwellings and two-family dwellings, • including accessory buildings thereto, shall not occupy or cover more than fifty (50) percent of the total lot area. (2) Multiple-family dwellings and apartment houses shall not occupy or cover more than fifty (50) percent of the total lot area. However, covered parking areas shall be allowed to cover an additional thirty (30) percent of the total lot area provided that twenty (20) percent of the total lot area is dedicated exclusively to landscaping and greenery. 12.20.070 AREA REGULATIONS--REAR YARD. No parcel or lot in an R-3 Zone need provide a rear yard; however, in no case shall a dwelling or an accessory building be built over an easement for a city owned or franchised utility. Chapter 12.24 R-4, SUBURBAN RESIDENCE ZONE 12.24.010 PURPOSE OF CHAPTER. The R-4 Zone is intended to provide uniform provisions for suburban and rural and residen- tial areas which may be annexed to the city from time to time. These standards are designed to protect the character of out- lying sections of the community, to provide measures for an orderly transition in such areas which are apt to change from rural to urban status with the continuing population expansion and to set reasonable safeguards on residential development. 12.24.020 USE REGULATIONS. In an R-4 Zone no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to the provisions of. Chapter 12.56 governing off- street parking requirements. In an R-4 Zone the following uses only are permitted: (I) One-family and multiple family dwellings of a per- manent character placed in a permanent location. (2) Farming, gardening, fruit raising, nurseries, includ- ing the sale of products raised on the premises, provided, stands for the display of such products are not located less than twenty (20) feet from any public street or highway. (3) Home occupations as specified in Chapter 12.04. (4) Public parks and playgrounds including usual park buildings. (5) Churches, provided they meet the requirements set forth in the R-I Zone. (6) Schools, provided they meet the requirements set forth in the R-I Zone. -16- (7) Accessory uses appurtenant to any permitted use includ- ing barns, coops, and similar structures provided that no en- closures for animals or fowls shall be located less than forty (40) feet from any portion of any adjoining lot which may be occupied by a residence. (8) Livestock (except swine), poultry, rabbits, and bees may be kept. All such animals or fowls shall be kept primarily for personal non-commercial use. 411 12.24.030 AREA REGULATIONS--FRONT YARD. Every lot and every parcel in an R-4 Zone shall have a front yard of not less than thirty (30) feet. 12.24.040 AREA REGULATIONS--SIDE YARDS. In an R-4 Zone every lot and parcel shall have side yards as follows: (1) There shajl be a side yard on each side of a build- ing of not less than ten feet, except that on a lot of record, on April 15, 1959, of seventy-five feet or less in width the side yard on each side of a building shall •not be less then ten per cent of the width of the lot or parcel, provided that such side yard shall not be less than five feet in width, and need not exceed eight feet in width. (2) Reversed corner lots shall be subject to the require- ments set forth in the R-I Zone. 12.24.050 AREA REGULATIONS—MINIMUM LOT AREA. The mini- mum required area of a lot or parcel in the R-4 Zone shall be not less than one acre. 12.24.060 AREA REGULATIONS—LOT AREA PER DWELLING UNIT. 110 The lot area per dwelling unit shall not be less than the minimum required lot or parcel area. 12.24.070 AREA REGULATIONS—PERCENTAGE OF OCCUPANCY. In an R-4 Zone no building including its accessory buildings shall occupy, or cover more than thirty-five per cent of the total lot area. Chapter 12.28 8-1, MODIFIED BUSINESS ZONE 12.28.010 USE REGULATIONS. In a B-I Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off- street parking requirements. In a B-I Zone, the following uses only are permitted: 1. Multiple family dwellings and apartment houses. 2. Medical and dental clinics, including establishments dispensing pharmaceutical and optical prescriptions only. 3. Professional office buildings for the use of architects, accountants, engineers, lawyers, administrative offices and other offices providing professional services and carrying no merchandise or stock in trade. 4. Kindergartens and nursery schools. 5. Churches, provided they meet the requirements and stand- ards as specified for the same use in an R-I Zone. -17- 6. Swimming pools, provided they meet the requirements and standards as specified for the same use in an R-I Zone. 7. Special property uses specifically allowed in a B-I Zone. 12.28.020 USE REGULATIONS--LIMITATIONS. Every use per- mitted in a B-I Zone shall be subject to the following limita- tions: I. The exterior design of buildings shal I be compatible 0 with developments on adjacent properties, and/or with exist- ing developments in an existing B-I Zone. 2. Parking areas and service yards must be sight screened from adjoining residential properties. 3. Permitted signs shall be subject to the following con- ditions: a. Lighted signs shall not be permitted. b. Advertising by signs shall not be permitted. c. One unlighted sign shall be permitted not exceeding twelve square feet in area per- taining only to the sale, lease, rent or hire of only the premises upon which dis- played. d. Name plates shall be permitted not exceeding two square feet in area bearing only the name and occupation of the occupant, and when so used shall be attached to the building. e. An identification sign may be placed on the rear of the building when an entrance therein opens onto a public parking area. 12.28.030 HEIGHT REGULATIONS. In a B-I Zone, no building, with the exception of apartments and multiple family dwellings, shall exceed two and one-half stories or thirty-five feet in height, whichever is the lesser. Apartment houses and multiple- family dwellings shall meet the same requirements as specified for the same uses in an R-3 Zone. 12.28.040 AREA REGULATIONS--FRONT YARD. Every lot and every parcel of land in a B-I Zone shall have a front yard only when one or more of the following conditions apply: I. If the premises are devoted to an R-3 use, the depth of the front yard shall conform to the front yard require- ments in the R-3 Zone. 2. When property classified as B-I comprises part of the frontage in a block on one side of a street between intersect- ", ing streets and the remainder of the frontages in the same block are classified for "R" purposes, the front yard in such B-I Zone shall conform to the front yard required in the R-3 Zone. 12.28.050 AREA REGULATIONS--SIDE YARDS. Lots and parcels of land in a B-I zone need provide no side yards except as may be required by a Special Use Permit, unless when bordering one of the "R" zones. All the boundaries abutting residential zones shall have yards as required for the residential zone they abut and shall be effectively sight screened by a tight fence or by a combination of fencing and landscaping. -18- 12.28.060 AREA REGULATIONS--PERCENTAGE OF LOT OCCUPANCY. In a B-I Zone, no building, including its accessory buildings, shall occupy or cover more than fifty (50) percent of the total lot area, except, that apartment houses and multiple family dwellings shall be allowed to cover an additional thirty (30) percent of the total lot area with covered parking provided that twenty (20) percent of the total lot area is dedicated exclusively to landscaping and greenery. Chapter 12.32 B-2, LOCAL BUSINESS ZONE 12.32.010 USE REGULATIONS. In a 8-2 Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off-street parking requirements. In a B-2 Zone, the following uses only are permitted. I. Retail stores excepting those dispensing alcoholic beverages for consumption on the premises. 2. Personal service shops. 3. Business or professional offices. 4. Medical and dental clinics. 5. Financial institutions. 6. Restaurants. 7. Printing establishments. 8. Theaters. 9. Gasoline service stations provided: a. No open space in this zone may be used for the storage, display, or sale of used vehicles or equipment. b. No service station shall hereafter be erected or located within one hundred and fifty (150) feet of any school, park, playground, hospital, church or any of the residential zones. Existing sta- tions, otherwise conforming in this zone, shall not be considered as non-conforming uses. c. Lighting for said use, including permitted illuminated signs, shall be so arranged so as • not to reflect or cause glare into any residen- tial zone. In addition, said lights shall be so arranged so as not to interfere with the safe operation of motor vehicles. 10. Dry cleaning pickup agencies and dry cleaning plants provided the cleaning solvents used are nonflammable, nonodor- ous, nontoxic and non-explosive and further provided that the venting of the plant meets the provisions of the Building Code. II. Kindergarten and nursery schools. 12. Outdoor advertising display. -19- 13. Special property uses specifically allowed in a B -2 Zone. (Chapter 12.52). 14. Commercial Parking Lots. 15. Churches, provided they meet the requirements and standards as specified for the same use in an R -I Zone. 16. Auto courts and motels. Ilk 17. Swimming pools, provided they meet the requirements a nd standards as specified for the same use in an R -I Zone. 18. Undertaking establishments and /or crematories provided that the following requirements are met: a. All funeral home sites shall have a minimum lot area of twenty thousand (20,000) square feet. • b. Parking facilities for such use shall be so arranged that a funeral procession of twenty cars can be accommodated in procession for- mation without the parking area. 19. Electrical or similar service shops catering directly to the consumer; and contractor's offices provided, however, no storage of heavy equipment nor servicing of such equipment shall be permitted. 20. Tailor and dressmaking shops, including retail sales. 21. Barber and beauty salons. • 22. Book or stationery stores and newsstands. 23. Florists, gift and jewelry stores. 24. Bakery, retail. 25. Photographic studios and camera shop. 26. Interior decorator and art studios. 27. Music stores, including instrument service and sales. 28. Sports, furniture, hardware and paint, dry goods, drug, shoe, auto supply, department and floor covering and rug stores. 29. Laundromat.. 30. Administrative office buildings. 31. Real estate and insurance offices. • 32. Federal and state banks, and savings and loan asso- ciations. 33. Bowling alleys. 34. Pet shops; provided that the business conducted on the premises shall be limited to the selling at retail of pet supplies and small pets such as birds, mice, fish, guinea pigs, lizards, turtles, dog puppies under the age of four months, and other pets of like nature not exceeding fifteen pounds in weight, excluding poisonous creatures. Provided further that no crea- tures shall be displayed or kept outside the building at any time. -20- 12.32.020 USE REGULATIONS — LIMITATIONS. Every use permitted in a B -2 Zone shall be subject to the following limitations: 1,. All uses shall be conducted wholly within a building except as follows: a. At gasoline service stations. b. At other retail establishments, merchandise or other goods, products or containers may be displayed outside the build- ing providing, however, that the space occupied by such displays • of merchandise or goods shall not extend more than eight (8) feet beyond the building line and, provided further, that entrances to the premises shall not be blocked by such displays and that such displays shall not occupy portions of the lot normally required for off - street parking purposes; provided further that outside promotional sales where merchandise is displayed in an area larger than the aforementioned eight (8) feet from the building line, may be conducted in a B -2, Local Business Zone, in accord- ance with the provisions of Chapter 5.53 of this code. Where such sale is conducted, off - street parking spaces may not be re- duced below the minimum requirements of Chapter 12.56; and all entrances to and exits from off- street parking areas and the business building shall be kept clear at all times. Loading and unloading of merchandise shall be done on private property in such a manner so as not to interfere in any way with the vehicu- lar and pedestrian traffic on public ways or on the off - street parking area. 2. Lighting for all permitted uses shall be so arranged as to reflect the light away from adjoining residential premises. In addition, said lights shall be so arranged so as not to inter- fere with the safe operation of motor vehicles. 12.32.030 HEIGHT REGULATIONS. In a B -2 Zone, no building • shall exceed two and one -half stories or thirty -five feet in height, whichever is the lesser. 12.32.040 AREA REGULATIONS--FRONT YARD. When property classi- fied as B -2 comprises part of the frontage in a block on one side of a street between intersecting streets and the remainder of the frontages in the same block are classified for "R" purposes, the front yard in such B -2 Zone sha l 1 conform to the front yard re- quired in the R -3 Zone. 12.32.050 AREA REGULATIONS —SIDE YARDS. Lots and parcels of land in a B -2 zone need provide no side yards except as may be re- quired by a Special Use Permit, unless when bordering one of the "R" zones. All the boundaries abutting residential zones shall have yards as required for the residential zone they abut and sha l l be effectively sight screened by a tight fence or by a combination of fencing and landscaping. 12.32.060 AREA REGULATIONS -- PERCENTAGE OF LOT OCCUPANCY. In a B -2 Zone, no building, including its accessory buildings, shall occupy or cover more than fifty percent of the total lot area. Chapter 12.36 B -3, GENERAL BUSINESS ZONE • 12.36.010 USE REGULATIONS. In a 8 -3 Zone, no building shall be erected, reconstructed or structurally altered, nor shall any build- ing or land be used for any purpose except as hereinafter specific- ally provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off - street parking requirements. In a B -3 Zone, the following uses only are permitted: 1. Any use permitted in the B -2 Zone. 2. Dance halls, skating rinks, or other commercial amuse - ment places. -21- 3. Telephone exchange or telegraph office. 4. Custom work or the making of articles to be sold at retail on the premises. 5. Manufacturing clearly incidental to a retail business lawfully conducted on the premises and not prohibited in an "M" Zone shall be permitted in a B -3 Zone. 6. Salesroom or storeroom for motor vehicles. 41, 7. Garage with or without public repair shop. 8. Laundry, clothes cleaning or pressing. 9. Undertaking establishments and /or crematories provided they meet the requirements as specified for the same use in a B -2 Zone. 10. Commercial parking lots. II. The manufacture of steam for commercial use, provided the installation of boilers is approved by the American Board of Insurance Underwriters or its successors. 12. Similar retail, wholesale or service business catering directly to the consumer. 13. Bars, beer parlors or taverns. 14. Hotels and apartment houses. 15. Kindergartens and nursery schools. 16. Special property uses specifically allowed in a B -3 Zone. (Chapter 12.52). 17. Gasoline service stations. 18. Glass, sales and installation 19. Frozen food retail lockers. 20, Pet shops. 21. Motorcycle sales and repair shops. 22. House trailer and boat sales establishments. 23. Employment offices. 12.36.020 USE REGULATIONS--LIMITATIONS. The following limitations shall apply in the B -3 Zone. 1. No privately owned dance hall, roller skating rink, merry -go- round, ferris - wheel, carnival or circus may be permitted within any public park, playground or schoolground, or within five - hundred (500) feet of the property line of any such park, school or playground. 2. No place where beer is dispensed for consumption on the premises shall be established within five - hundred (500) feet of the boundary of any "R" Zone. 3. No service station shall be permitted to be hereafter constructed within that portion of the Central Business Dis- trict located within one block northerly or one block southerly of Yakima Avenue and west of Naches Avenue and east of Sixth -22- Avenue, unless said service station is an accessory use to a parking lot having an area of not Tess than twenty -six thousand (26,000) square feet. 4. Lighting for all permitted uses shall be so arranged as to reflect the light away from the adjoining residential premises. In addition, said lights shall be .so arranged so as not to interfere with the safe operation of motor vehicles. 12.36.030 AREA REGULATIONS--FRONT YARD. Lots and parcels • of land in a B -3 Zone need provide no front yard except as may be required by a Special Use Permit. 12.36.040 AREA REGULATIONS--SIDE YARDS. Lots and par- cels of land in a B -3 zone need provide no side yards except as may be required by a Special Use Permit, unless when bor- dering one of the "R" zones. All the boundaries abutting residential zones shall have yards as required for the resi- dential zone they abut and shall be effectively sight screened by a tight fence or by a combination of fencing and land- scaping. Chapter 12.40 M -I, LIGHT INDUSTRIAL ZONE 12.40.010 USE REGULATIONS. In an M -I Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off - street parking • requirements. In an M -I Zone, the following uses only are permitted: 1. Any use permitted in a B -3 Zone, but excluding apartment houses, multiple family dwellings and kindergartens. Nursery schools shall be permitted only as an accessory use. 2. Auto salvage and auto wrecking operations, provided that the property shall be enclosed by a tight board or masonry fence or similar, permanent, sight obscuring structure not less than eight (8) feet in height. Said fence shall be uniform in color and shall not be used for outdoor advertising display purposes. 3. Bakeries, wholesale. 4. Blacksmith, horseshoeing or wagon shop. 5. Bottling works. 6. Canning or preserving factories. 7. Carpet cleaning. • 8. Chicken batteries or brooders. 9. Coffee roasting. 10. Cold storage plants. 11. Creameries. 12. Electroplating. 13. Elevator assembly. -23- • 14. Engraving. 15. Hand forging. 16. Junk handling, provided that the property shal 1 be enclosed by a tight board or masonry fence or simi(ar, perman- ent, sight obscuring structure not less than eight (8) feet in height. Said fence shall be uniform in color and shall not be used for outdoor advertising display purposes. 17. Machine shope. 411 18. Manufacture of products from aluminum, brass, bronze, copper, steel, tin or other metal, and from bone, leather, paper, rubber, shell, wire, wood, or any kind other than those uses classified under M-2 or M-3 Zones. 19. Manufacture of: Artificial flowers, feathers or plumes. Bags. Boats, small Brooms or brushes. Buttons and novelties. Canvas products. Carriage or wagon parts. Cigars, cigarettes or snuff. Clothing, suits, coats, dresses for wholesale. Cosmetics. Electrical signs. Food products, chewing gum, syrups, fruit juices, extracts, drugs or medicines. Furniture. Gas or electric fixtures. Ice or 'ce cream. Mattresses or their renovation. Musical instruments. Radio and television sets. 20. Meat processing (no slaughtering). 21. Milk bottling or central distribution stations. 22. Monument or marble works, finishing and carving only. 23. Pattern shops. 24. Poultry killing or dressing. 25. Salvage processing, provided the entire operation is carried on within a building completely enclosed with walls and a roof. 26. Spray painting or paint mixing. 27. Stamping, dieing, shearing or punching of metal, not 111 exceeding one-eighth (1/8) inch in thickness. /Mk 28. Stables, public., 29. Storage in bulk of the fol lowing, which does not include salvaged or waste material or junk storage or opera- tions, provided the property is enclosed by a wall or fence of sturdy construction and uniform color or an evergreen hedge not less than six (6) feet in height. Asphalt. Lime. Brick. Liquor. -24- Building material. Lumber. Butane. Machinery. Cement. Oils. Clay products. Plaster. Coal. Pipe. Contractor's equipment. Propane. Cotton. Roofing. Feed. Rope. Fertilizer. Sand. Food. Stone. Fuel. Tar. Gasoline. Grain. Tarred or creosoted products. Terra Cotta. Gravel. Timber. Grease. Wine. Hay. Wood. Ice. Wool. Lead. 30. Terminals, freight. rail, truck and water, provided that said uses shall provide off-street parking facilities for all vehicles and/or equipment used in the operation of said terminal facilities, and further provided that docking and loading activities shall be conducted in such a manner as to not necessitate the use of any public street, alley or side- walk. 31. Tracks, spur, loading or storage, and freight yards. 32. Upholstering and rebuilding of furniture. 33. Warehouses for uses, materials and products permitted in an M-I Zone. 110 34. Waste material processing, provided the entire operation is carried on within a building completely enclosed with walls and a roof. 35. Welding shops. 36. Wholesale produce markets. 37. Wrecking operations, provided the entire operation is carried on within a building completely enclosed with walls and a roof. 38. Other similar manufacturing, processing, or assembl- ing operations, except those originally permitted in an M-2 Zone, and further provided that all such operations shall be permitted only by the Board of Adjustment after public hearing. 39. Special property uses specifically allowed in an M - I Zone. (Chapter 12.52). 40. Accessory uses, normally a part of the principal u se. 12.40.020 USE REGULATIONS--LIMITATIONS. The following limi- 410 tations shall apply in the M-I Zone: All operations and uses conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, vibration or other similar causes. 12.40.030 AREA REGULATIONS—FRONT YARD. Lots and parcels of land in an M-1 Zone need provide no front yards except as may be required by a Special Use Permit. (Chapter 12.52) -25- 12.40.040 AREA REGULATIONS--SIDE YARDS. Lots and parcels of land in an M -I Zone need provide no side yards except as may be required by a Special Use Permit. (Chapter 12.52) Chapter 12.44 M -2, HEAVY INDUSTRIAL ZONE 12.44.010 USE REGULATIONS. In an M -2 Zone, no building shall be erected, reconstructed or structurally altered, nor • shall any building or land be used for any purpose except as hereinafter provided and allowed by this chapter, subject to the provisions of Chapter 12.56 governing off - street parking requirements. In an M -2 Zone, the following uses only are permitted: 1. Any use permitted in an M -I Zone, and under the same conditions prescribed therein. 2. Any industrial or manufacturing use, including ware- housing and storage, except as provided in Section 12.44.020 hereunder. 3. Dwellings or shelters for the occupancy of guards, watchmen, or caretakers. 4. Special property uses specifically allowed in an M -2 Zone. (Chapter 12.52) 12.44.020 USE REGULATIONS--LIMITATIONS. Because of con - siderations of smoke, fumes, dust, odor, mud, noise or hazard, the establishment or operation of the following uses in any . M -2 Zone shall not be permitted unless a Conditional Use Per - mit authorizing such use has been granted by the Board of Adjustment after a public hearing: 1. Acid manufacture. 2. Asphalt manufacture, mixing or refining. 3. Blast furnaces or coke ovens. 4. Cement, lime, gypsum, or plaster of paris manufacture. 5. Distillation of bones. 6. Drop forge industries. 7. Explosives, storage or manufacture. 8. Fat rendering. 9. Fertilizer manufacture. 10. Garbage, offal, or dead animal reduction, composting or disposal. 11. Glue, size, or gelatin manufacture, where the process- ing includes the refining and recovery of products from fish, animal refuse or offal. 12. Rock crushers. 13. Rubber reclaiming. 14. Rubbish or refuse dumps. 15. Smelting, reduction or refining of metallic ores. 16. Stock yards and slaughter houses. 17. Tanneries. 18. Wineries. 12.44.030 AREA REGULATIONS--FRONT YARD. Lots and parcels of land in an M -2 Zone need provide no front yards except as may be required by a Special Use Permit or a Conditional Use Permit. 12.44.040 AREA REGULATIONS--SIDE YARDS. Lots and parcels of land in an M -2 Zone need provide no side yards except as may be required by a Special Use Permit or a Conditional Use Permit. -26- Chapter 12.48 M-3, AIRPORT INDUSTRIAL ZONE 12.48.010 USE REGULATIONS. In an M-3 Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter provided and allowed by this Chapter, subject to the provisions of Chapter 12.56 governing off-street parking requirements. In an M-3 Zone, the following uses only are permitted: Agricultural uses. 2. Commercial aircraft services and transport. 3. Dwellings or shelters for the occupancy of guards, watchmen or caretakers, or dwellings or shelters for the occupancy of the operators and employees necessary for the operation of uses permitted in the M-3 Zone. 4. Manufacture, maintenance, operation and repair of aircraft. 5. Manufacturing or processing of articles or products. 6. Retail uses and/or other uses incidental to the com- fort and convenience of airport patrons, and/or employees. 7. Uses and/or devices necessary for the proper and safe operation of aircraft and/or airport facilities. 8. Warehousing or storage. • 12.48.020 USE REGULATIONS—LIMITATIONS. Manufacturing, processing, warehousing or storage of articles, products or goods in an M-3 Zone shall be permitted only when one or more of the following requirements are met: 1. The manufacturing or processing of articles or pro- ducts shall be clearly related to the manufacture, mainten- ance, operation and/or repair of aircraft. 2. The manufacturing or processing of articles or goods shall be clearly related to the air transport of such articles or goods. 3. Warehousing or storage of articles or goods shall be clearly related to the manufacture, maintenance and repair of aircraft and/or air transport. Chapter 12.52 SPECIAL PROPERTY USES 111 12.52.010 USE REGULATIONS. All of the following uses, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a Special Property Use Permit by the Board of Adjustment, provided, that Special Property Use Permits may not be granted for a use in a zone from which it is specifically excluded. Special Property Use Permits may contain conditional limitations: -27- , I. Auto trailer courts, provided that these uses shall be specifically excluded from the R-I, R-2, R-3, B-I, M-2 and M-3 Zones, and further provided that the following require- ments are met: a. Access to such use shall only be from a primary or secondary state highway, except those courts whose service is for permanent, rather than transit clientele. b. Each unit shall face or abut on a driveway of not • less than ten (10) feet in width having unobstructed access to the street. Such drive shall be paved or otherwise surfaced as to eliminate dust and mud. c. All external boundaries abutting any "R" zone shall be effectively sight screened by a tight fence or by a combination of fencing and landscaping. d. No trailer, as defined in Section 12.04.375 of this title, shall be used for residential, living or sleeping purposes in any place other than an auto trailer court which has been regularly approved and licensed under the ordinances of the City of Yakima. 2. Cemeteries, provided that such uses shall be specifically excluded from the B-I, B-2, B-3, M-I and M-2 Zones, and further provided that the following requirements are met: a. External boundaries of a cemetery shall be devoted to the planting of sight obscuring trees and shrubs. b. No plot within a cemetery shall lie closer than ten (10) •feet to any lot line. 3. Columbaria, crematories and mausoleums, provided such uses shall be specifically excluded from the "R" Zones, unless inside of a cemetery. 4. Fraternal organizations, lodges, grange halls and clubs, except those the chief activity of which is a service customarily carried on as a business, provided that such uses shall be specifically excluded from the R-I and R-2 Zones. 5. Hospitals, sanitariums, nursing homes and institutions for philanthropic and eleemosynary uses, other than correction, provided that these uses shall be specifical ly excluded from the R-I and R-2 Zones. 6. Public buildings including police stations, fire sta- tions, art galleries, museums and libraries. 7. Public utilities or utilities operated by mutual agencies consisting of water wells, electrical substations, gas metering stations, power booster or conversion plants within the necessary buildings, apparatus or appurtenances 411 thereto, but not including distribution mains, provided that these uses shall be allowed in an M-2 Zone without review. 8. Radio and television broadcasting stations and trans- mitter provided that such uses shall be specifically excluded from the R-1 and R-2 Zones. 9. Sewage disposal or treatment plants provided that these uses shall be specifically excluded from the R-I, R-2, R-3, B-1, B-2 and B-3 Zones. -28- 10. Drive-in theaters, provided that such uses shall be specifically excluded from the R-I, R-2, R-3 and B-I Zones. II. Animal hospitals and kennels, provided that such uses shall be specifically excluded from the R-I, R-2, and R-3 Zones. 12.52.020 AREA REGULATIONS--YARDS. Unless otherwise specified by the Board of Adjustment, the provisions for required front and side yards applicable to the particular zone in which any such use is proposed to be located shall prevail. 12.52.030 HEIGHT AND AREA REGULATIONS. Unless otherwise specified by the Board of Adjustment, the provisions for height and area applicable to the particular zone in which any such use is proposed to be located shall prevail. Chapter 12.56 OFF-STREET PARKING AND LOADING REGULATIONS 12.56.010 DUTY TO PROVIDE AND MAINTAIN OFF-STREET PARK- ING AREAS. For any new building, or structure, or addition thereto, hereafter erected within the City of Yakima, there shall be established and maintained a permanent, dust free, off-street parking area within five hundred feet of the building or structure. Such distance shall be the walking distance measure from the nearest point of the parking facility to the nearest point of the building or structure that such facility is required to serve. The capacity of such parking area shall be as follows, to the following uses: Multiple Dwellings 1 parking space for each dwelling unit Rooming and Lodging Houses, Fra- I parking space for each 3 occu- ternity and Sorority Houses pants Hotels 2 parking spaces for each 3 bed- rooms Auto and Trailer Courts I parking space for each sleeping unit, and/or 1 parking space for each trailer space Hospitals, Sanitariums, Conva- 1 parking space for each 5 regular Iescent Homes, Nursing Homes and beds plus 1 for every two employ- Rest Homes ees with a minimum of two spaces Churches, Mortuaries, Funeral I parking space for each 5 seats Homes in the chapel or nave Stadiums,. Sports Arenas, Audito- 1 parking space for each 5 seats riums and other places of assem- bly with fixed seats Dance Halls, Exhibition Halls I parking space for each 75 square and other places of assembly feet of gross floor area without fixed seats Skating Rinks and other commer- 1 parking space for each 100 cial recreation places square feet of gross floor area Bowling Alleys 5parking spaces for each alley Schools: Elementary and Junior High i parking space for each employee Senior High Schools 2 parking spaces for each employee Colleges 3 parking spaces for each employee Theaters I parking space for each 6 seats Medical and Dental Clinics 1 parking space for each 200 square feet of gross floor area Banks, Business and Profession- 1 parking space for each 200 square al Offices feet of gross floor area -29- Restaurants, Taverns, and any I parking space for each 100 establishment for the sale and square feet of gross floor area consumption on the premises of food, alcoholic beverages or refreshments Retail Stores, except as other- wise specified: Having not more than 7000 1 parking space for each 300 square square feet of gross floor area feet of gross floor area Having more than 7000 square I parking space for each 150 square feet of gross floor area feet of gross floor area in excess • of 7000 square feet Furniture, Appliance, Hardware I parking space for each 600 square and Clothing Stores, Service or feet of gross floor area Personal Service Shops Wholesale Stores, Warehouses and l parking space for each 2 employ - Storage Buildings, Motor Vehicle ees or Machinery Sales Manufacturing uses, including Re- I parking space for each 3 employ- search and Testing Laboratories, ees based on the maximum working Creameries, Soft Drink Bottling shift Establishments, Bakeries, Canner- ies, Printing and Engraving Shops 12.56.020 PARKING SPACE DEFINED. For the purpose of this chapter, two hundred square feet of lot or floor area exclusive of aisles and /or driveways or internal moving lanes, having ade- quate access from a public thoroughfare shall be deemed a parking space for one automobile. Parking facilities shall be arranged so as not to necessitate the use of any part of adjoining public sidewalks, parkways, roadways, boulevards, or thoroughfares in conducting parking or unparking operations. 12.56.030 UNSPECIFIED USES. In the case of a use not specifically mentioned in this chapter, the requirements for off - street parking facilities shall be the same as for the above mentioned uses which, in the opinion of the Building Inspector, shall be deemed most similar. 12.56.040 MIXED USES. In the case of mixed uses, the total requirements for off- street parking facilities shall be the sum of the requirements for the various uses computed separately. Off- street parking facilities for one use shall not be consider- ed as providing required parking facilities for any other use, except as hereinafter specified for cooperative use. 12.56.050 COMBINED PARKING AREAS. Nothing in this chapter shall be construed to prevent cooperative provision of off- street parking facilities for two or more buildings or uses, provided that the total of such off - street parking spaces supplied cooperatively shall not be less than the sum of the requirements for the various uses computed separately. None of the above provisions shall prevent the overlapping coopera- tive use of parking facilities when the times during which such facilities are used are not conflicting. 12.56.060 REQUIREMENTS FOR BUILDING PERMITS. Before the granting of a building permit for any new building or structure, or for any enlargement or change of use in any building here- after constructed, involved in any of the aforementioned uses, the applicant for said building permit shall present satisfac- tory evidence that arrangements have been made to provide off - street parking in accordance with the provisions of this chapter. 12.56.070 GROSS FLOOR AREA DEFINED. Gross floor area in the case of offices, merchandising or service types of uses shall mean the gross floor area used, or intended to be used, by tenants or for services to the public as customers, patrons, -30- clients, or patients, including area occupied by fixtures and equipment used for display or sale of merchandise. It shall not include area used principally for non-public purposes such as storage, incidental repair, processing or packaging of merchandise for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities, or for dressing rooms, fitting or alteration rooms. 12.56.080 LOADING SPACE REQUIRED--DIMENSIONS. An off- street loading area, having access to a public thoroughfare, 410 shall be required adjacent to each business building erected, if the use of such building entails deliveries to it or ship- ments from it. Such loading area shall be of adequate size to accommodate the maximum number and size of vehicles simul- taneously loaded or unlaoded in connection with the business conducted in such building. Each off-street loading space must have the minimum dimensions of ten feet in width and twenty-five feet in length and no part of a truck or van using the loading space may project into the right-of-way for a public thoroughfare. 12.56.090 DOWNTOWN BUSINESS DISTRICT EXEMPT. The Down- town Business District, as defined in the official map of the "Downtown Business District" adopted as a part of this title shall be exempt from the provisions of this chapter. (Plate 10) 12.56.100 OFF-STREET PARKING IN R-I AND R-2 ZONES. Here- after, any off-street parking facilities established in an R-I or R-2 Zone or on a lot adjacent to a lot in an R-I or R-2 Zone shall be developed in accordance with the following re- quirements: (1) The renting of parking spaces shall be prohibited. 411 (2) Any lighting used to illuminate said parking area shall be so arranged as to reflect the light away from the adjoining residential premises. (3) When such a parking area is located in a residence zone, screening by a tight fence from four to six feet in height or a combination of fencing and landscaping shall be provided and maintained along the property line(s) which adjoin any lot in an "R" zone except in the required front yard. Surfacing for such areas may be to the property lines when screening is by a tight fence. The required front and side yard setbacks shall be maintained by curbs or suitable bumper guards. When screening is by landscape materials, the required front and side yards shall be maintained with grass or other evergreen ground cover. (4) Where such a parking area adjoins the side of a lot in an "R" zone, screening shall be provided and maintained along the side of such lot except in the required front yard. Surfacing for such areas may be to the property line. Then the required front and side yard setbacks shall be maintained • by curbs or suitable bumper guards. (5) Such parking area shall be paved or otherwise sur- faced to otherwise eliminate dust and mud. (6) Parking facilities shall be arranged so as not to necessitate the use of any part of adjoining publ ic sidewalks, parkways, roadways, boulevards, or thoroughfares, in conduct- ing parking or unparking operations, except for ingress and egress. -31- 12.56.110 OFF-STREET PARKING IN R-3 ZONE. Hereafter, any off parking facilities established in an R-3 Zone or on a lot adjacent to a lot in an R-3 Zone, which adjacent lot is zoned other than R-I or R-2, shall be developed in accordance with the following requirements: (I) The renting of parking spaces shall be prohibited. (2) Any lighting used to illuminate said parking area shall be so arranged as to reflect the light away from the adjoining residential premises. Al, (3) When such a parking area is located in an R-3 Zone, screening by a tight fence, at least four feet in height, by landscaping of such height, or by a combination of fencing and landscaping of such height, shall be provided and maintained along the property lines which adjoin al 1 other lots in an R-3 Zone. •Such parking areas may be surfaced to the property lines. (4) All parking areas shall be paved or otherwise sur- faced to eliminate dust and mud, and adequate on-site drainage shall be provided. (5) Suitable curbs or bumper guards shall be installed to prevent vehicles from being parked so as to encroach on adjoining private property, public sidewalks or street or alley rights of way in violation of this section, and to prevent obstructions to view at intersection streets. (6) Parking facilities shall be-so arranged as not to use any part of adjoining public sidewalks or street or alley rights of way in conducting parking operations, except for ingress and egress; provided, however, that if a public 0 sidewalk adjoins the lot on which the parking area is located, the Board of Adjustment may permit the area between the lot and the inner edge of the sidewalk, or any portion of the area to be surfaced and used for parking. Chapter 12.60 GENERAL REGULATIONS---CONDITIONS AND EXCEPTIONS 12.60.010 APPLICATION OF CHAPTER. The foregoing regula- tions pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter. 12.60.020 LIMITATION OF LAND USE. Except as provided in this chapter, no building shall •be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building or land is located. 12.60.030 PUBLIC UTILITIES. The provisions of this title shall not be construed to limit or interfere with the installa- tion, maintenance and operation of public utility pipe lines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the State of Washington within rights-of-way, easements, franchises or ownerships of such public utilities. 12.60.040 ISSUANCE OF TEMPORARY USE PERMITS. The City Council may issue Temporary Use Permits for the following uses: -32- (I) The erection and use in an undeveloped residence zone of bunkers or other equipment for the handling and removal from the premises of sand, gravel, or other deposits of commercial value, provided that no permit shall be issued for a period of more than on-e year. (2) One temporary real estate office and one temporary real estate billboard not to exceed fifty square feet in area may be located in any zone, provided that such office and billboard if located in an "R" Zone shall be removed at the end of two years from the date of the recording of the map • of the subdivision upon which said office and billboard are located. (3) Temporary structures for the housing of equipment or containing supervisory offices in connection with major construction projects may be established and maintained dur- ing the progress of such construction projects, provided that such temporary structure may not be maintained for a period exceeding one year except by permission of the City Counci who may extend this period for one additional year. (4) Circuses and carnivals, provided the premises are occupied for such purposes not more than once for not more than one week in any six-month period, and further provided that such use may not locate within six hundred feet of any school, public park or residential structure located in an "R" Zone. 12.60.050 HEIGHT REGULATIONS--THROUGH LOTS OR PARCELS. On through lots one hundred twenty feet or less in depth, the height of a building may be measured from the mean curb level on either street. On through lots of more than one hundred twenty (120) feet in depth, the height measurement for the All street permitting the greater height shall apply to a depth I.' of not more than one hundred twenty (120) feet from the street. 12.60.060 HEIGHT REGULATIONS--PUBLIC AND SEMI-PUBLIC BUILDINGS. In all "R" Zones, public buildings, schools and churches may exceed the height limit of the zone in which they are located, provided that such buildings are set back from the required building lines at least one additional foot for each foot of excess height. 12.60.070 HEIGHT REGULATIONS--SPIRES, TOWERS, ETC. A spire, tower or similar feature may exceed the height require- ment of the zone in which it is located, provided that it is not intended for human occupancy, and further provided that the base area of said structure does not exceed nine hundren (900) square feet and is removed not less than twenty (20) feet from an adjoining lot line. 12.60.080 HEIGHT REGULATIONS—SMOKESTACKS, CHIMNEYS, ETC. Nothing in this title shall be construed as limiting the height of a smokestack, chimney or wireless tower. 12.60.090 AREA REGULATIONS--FRONT YARDS. Whenever at least fifty (50) percent of all property fronting on one side of a street between two intersecting streets is improved with buildings, and seventy-five (75) percent of the buildings in said area are set back from the street a greater distance than the required front yard, then no new building shall project beyond the setback line established in such cases by the building included in said seventy-five (75) percent which is closest to the street. (Plate 7) -33- 12.60. 100 AREA REGULATIONS -FRONT YARDS FOR "R" ZONES IN HILLSIDE AREAS. If the elevation of a lot rises or falls more than four (4) feet in the first twenty (20) feet, measured from the front lot line, the following provision will apply: The required depth of the front yard shall be equal to the horizontal distance measured from the front lot line (Point C, Plat 9) to where the average lot profile line intersects a horizontal line four (4) feet above or below the front lot line. 411, 12.60.110 AREA REGULATIONS—ACCESSORY BUILDINGS. A ccessory buildings located within the rear half of the lot may be built within five (5) feet of the side property lines, but must maintain the rear yard requirements. 12.60.120 AREA REGULATIONS---PROJECTIONS. Bay windows, projecting fireplaces and chimneys, etc., shall be considered to be portions of the wall. 12.60.130 AREA REGULATIONS—FRONTAGE ON PUBLIC STREETS. No lot shall be used for residential purposes unless it shall have a frontage on a public street or place. 12.60.140 AREA REGULATIONS--LOT REDUCTION. No lot area shall be so reduced or diminished that the yards, open spaces or total lot area be made smaller than that required by this title. 12.60.150 AREA REGULATIONS—EXCLUSIVENESS OF YARDS. No yard or open space now provided for any building or structure or hereafter provided in compliance with this title shall be considered as any part of a yard or open space for any other building or structure, nor shall any yard or open space of • abutting property be considered as providing a yard or open space for a building or structure it abuts. 12.60.160 AREA REGULATIONS — EXISTING LOTS. When a lot or parcel existing at the time of passage of this title has less than the required width or depth as set forth in any of the zones contained herein, such a lot or parcel shall be deemed to have complied with the minimum required lot or par- cel area or width as set forth in any such zone. The area per dwelling unit shall, however, remain as specified in each zone and all yard, height, and off - street parking regulations of the zone wherever such lots are located shall be complied with. 12.60.170 AREA REGULATIONS—DIVISION OF LOTS. When any lot or parcel in any zone contains a greater area than the required minimum area of the zone in which it is located, then each unit of the required minimum area contained in such lot or parcel may be utilized as a separate lot or parcel, provided that any division does not create more than four lots or parcels. 12.60.180 AREA REGULATIONS—SETBACK REQUIREMENTS. On narrow blocks where buildings are located on lots or parcels running through from street to street, the set -back require- ments shall apply only to that street on which the greater percentage of dwellings already -in existence have a uniform or minimum set -back. However, each such lot or parcel of land shall have a rear yard of not less than fifty (50) percent of the front yard required for said lot or parcel. 12.60.190 AREA REGULATIONS - -SIDE YARD AND SETBACK REQUIRE- MENTS FOR HOSPITALS, ETC. Hospitals, sanitariums and institu- tions for philanthropic and eleemosynary uses when located in -34- • an "R" Zone, shall provide a side yard on each side, other than a street or alley line, of a width of not less than fifteen (15) feet nor less than six (6) inches in width for each foot of building height, and such institutions shall conform to the further provisions of the zone in which they are located. When such an institution is located on a boulevard or parkway, it shall be set back not less than thirty (30) feet from the margin thereof. 12.60.200 AREA REGULATIONS--SIDE YARDS REQUIRED FOR LIGHT AND AIR. If rooms in places of habitation or refuge or work- ", shops receive their light and air from windows opening upon a side yard, then such side yard shall be at least of a width as hereunder specified for an exterior yard: I. Exterior Courts: An exterior court shall be not less than two (2) feet in width for every foot of depth; except that whenever a building is occupied as a dwelling, apartment house or place of refuge and said building exceeds a height of two stories, such court shall be of a width of not less than fifty (50) percent of the court height and a depth of not less than twenty-five (25) percent of the court height. An exter- ior court that abuts a side or rear property line shall have a width and depth as required for an interior court hereunder. 2. Interior Courts: An interior court shall have a mini- mum width each way of not less than ten (10) feet nor less than fifty (50) percent of •the court height. 12.60.210 AREA REGULATIONS—VISION CLEARANCE FOR CORNER LOTS. All corner lots shall maintain for safety vision pur- poses a triangular area one angle of which shall be formed by the front and side lot lines, and the sides of such triangle • forming the corner angle shall be twenty (20) feet in length measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting the last two mentioned points, which are distant twenty (20) feet from the intersection of the front and side lot line. Within the area comprising said triangle, no building or structure shall be permitted. This section shall apply to all corner lots, regardless of zone, that are situated at the intersection of two or more streets, any one of which has a right of way width of less than sixty (60) feet. (Plate 11) 12.60.220 GRADE CHANGE. When, due to topographic condi- tions it is necessary to change the grade of a lot, the follow- ing requirements shall be met: a. The construction of all retaining walls shall meet the provisions of the building code. b. No retaining wall shall exceed the height of three (3) feet, provided, however, with the adjoining property owner's written consent, filed in the office of the Building Inspector, this height may be extended to five (5) feet. 410 c. No combination of a fence and retaining wal I shall exceed a height of ten (10) feet, measured from the lower elevation, except, existing re- taining walls at the time of the passage of this ordinance will be allowed a three and one-half (3i) foot fence above the retaining wall. 12.60.230 HEIGHT OF FENCES, ETC. In a R-I, R-2 and R-3 Zone, and as an accessory use to a dwelling in any zone, fences, walls and hedges not more than six (6) feet in height may be _- permitted in any required yard, provided that any fence, wall -35- or hedge over three and one-half (3i feet in height located in any required front yard shall maintain the side yard requirements and be located in from the front property line a distance of five (5) feet. Chapter 12.64 NONCONFORMING USES II/ 12.64.010 NONCONFORMING USE ALLOWED TO CONTINUE. A non- conforming use existing lawfully at the time of the passage of this title may be continued except as hereinafter provided in this chapter. 12.64.020 NONCONFORMING USE OF BUILDINGS. The nonconform- ing use of a conforming building existing at the time of pass- age of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building nor shall any structural alterations, except those required by law, be made, and if such nonconforming use is discontinued, any future use of building shall conform to the provisions of this title. 12.64.030 NONCONFORMING USE OF A NONCONFORMING BUILDING. The nonconforming use of a nonconforming building may be continued and may be expanded or extended throughout such building provided that no structural alterations except those required by law are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restricted classification. If the nonconforming use is replaced by a more restrictive nonconforming use the occupancy thereafter may not revert to a less restrictive use. 12.64.040 CHANGE IN STATUS. If a nonconforming use is vacated and is succeeded by another and more restrictive use, it is evidence that the heavier nonconforming use was ended and thereupon loses any vested right as such. If the sub- stitute use is itself nonconforming, the degree of nonconformity may not subsequently be increased by changing to a less restric- tive use. 12.64.050 CHANGE OF OWNERSHIP. The ownership of property • classed as nonconforming may be transferred without affecting the right to continue such nonconforming use. 12.64.060 VACANT NONCONFORMING BUILDING. Any nonconform- ing building remaining vacant for a continuous period of more than one year shall not again be re-occupied except by a con- forming use. 12.64.070 LAND--CONSTRUCTION OF BUILDING. Any nonconform- ing use not conducted within a building shall be permitted to remain as such until such time when a building shal I be erected, 40 at which time both building and occupancy shal I be a conforming use. 12.64.080 RECONSTRUCTION OF NONCONFORMING BUILDING. A nonconforming building destroyed to the extent of not more than sixty-five (65) percent of its reasonable replacement value at the time of its destruction by fire, explosion, act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this chapter. -36- 12.64.090 DEGREES OF RESTRICTIVENESS. "More restrictive uses" as employed in this title means the following: I. Those uses permitted in the R -I Zone are the most.. restrictive. 2. All other uses are Tess restrictive in the following sequence: - R -2, R -3, R -4, B- I, B -2, B -3, M-1, M -2 and I`.1 -3. • Chapter 12.68 BOARD OF ADJUSTMENT 12.68.010 ESTABLISHMENT. A Board of Adjustment is hereby established. The word "Board" when used in this chapter shall be construed to mean the Board of Adjustment. 12.68.020 COMPOSITION. The Board shall consist of five members who shall be freeholders appointed by the City Manager and approved and confirmed by the City Council. The terms of office of the members of the Board shall be six years. Vacan- cies shall be filled for the remainder of the unexpired term only. Members shall be removed for cause by the City Council upon written charges and after public hearing. 12.68.030 ELECTION OF OFFICERS. The Board shall elect its own chairman and vice - chairman each for a term of one year. In the absence of the chairman, the vice - chairman shall have all the powers of the chairman. • 12.68.040 DUTY TO MAKE RULES. The Board shall adopt such rules as it deems necessary to carry out the provisions of this title. 12.68.050 MEETINGS. The meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its pro- ceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, a l l of which sha l l be immediately fi led in the office of the Board and sh a l I be a public record. 12.68.060 APPEALS — PERSONS PERMITTED--NOTICE OF-- RECORDS. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Yakima affected by any decision or ruling of the Building Inspector made under this title. Such appeal shall be taken within fifteen days after the decision or ruling of the Building Inspector by filing notice of appeal in the office of the Building Inspector and in the office of the Board. Such notice shall specify the grounds upon which the appeal is based. The Building Inspector shall forthwith transmit to the Board all papers, entries, maps, plans and other docu- ments, if any, constituting the record upon which the action appealed from is taken. The Board shall consider the appeal upon the record so transmitted, supplemented by any additional competent evidence which either party may desire to submit, either written or oral. 12.68.070 STAY OF PROCEEDINGS BY APPEAL. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector shall certify to the Board after the notice of appeal shall have been filed with him that -37- by reason of facts stated in his certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a re- straining order, which may be granted by the Board or by a court of record on application and notice to the Building In- spector, for causes deemed by the Board or court sufficient. 12.68.080 APPLICATION AND INTERPRETATION OF TITLE. The Board sha l I have the power to hear and r u l e on the proper application or to interpret the meaning of this title in case there is a dispute between the Building Inspector in admini- stering or enforcing this title and any owner or owners of property. 12.68.090 EXTENSION OF BOUNDARY LINES. The Board may permit the extension, not to exceed a distance of twenty (20) feet, of a zone where the boundary line of the zone divides a lot or parcel held in single ownership at the time of the passage of this title. 12.68.100 INTERPRETATION OF STREET BOUNDARY LINES. The Board may interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan as shown upon the map, fixing the several zones accompanying and made a part of the title where the street layout actually on the ground varies from the street layout as shown on the map aforesaid. 12.68.110 VARIANCES. The Board may grant a variation in the regulation of this title when a property owner can show that his property was acquired in good faith and where by rea- son of the irregular shape of a lot of record at the time of the passage of this title or by reason of existing topographic • conditions, or other peculiar and exceptional conditions, the strict application of such regulations would result in real and unnecessary hardship,and the Board, through investigation and from the evidence before it, is satisfied that the granting of the variance will alleviate a hardship that approaches confiscation of the property and will not be detrimental to adjacent property; provided, that in granting a variance, the spirit and purpose of this title will be observed and sub- stantial justice done. 12.68.120 CONVERSION OF EXISTING DWELLING. The Board may grant a variation changing an existing residence in an R -I or R -2 Zone not to exceed a three - family dwelling, if the Board shall be satisfied by adequate architectural plans and drawings and other sufficient and convincing proof that such building as changed will be in harmony with the appearance and character of the zone in which it is located and will not in any manner lower the value or affect the enjoyment of other residential property in such zone. 12.68.130 CONDITIONAL USE PERMITS. The Board may issue Conditional Use Permits, provided that: • 1. The Board shall assure that the degree of compatibility made the purpose of this title shall be maintained with respect to the particular use on the particular site and in considera- tion of other existing and potential uses within the general area in which such use is proposed to be located. 2. The Board shall recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, fumes, vibration, odors and hazards. Unless substantial proof is offered showing that such process and /or equipment has reduced the above factors so as to be negligible, no Conditional Use Permit may be granted by the Board unless such use is located not Tess than one thousand -38- (1,000) feet from any church, school, park, playground or occupied dwelling, except such dwelling as may exist on the same premises with such use. 12.68.140 SPECIAL PROPERTY USE PERMITS. The Board may issue Special Property Use Permits, provided that: I. In granting a permit for any of the uses listed in Chapter 12.52, the Board shall ascertain that the present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured. 2. The Board may attach additional conditions to the issuance of a Special Property Use Permit to insure that structures and areas proposed for development are surfaced, arranged and screened in such a manner that they are in harmony with, and not detrimental to, existing or reasonably expected development of the neighborhood. 3. In the case of those Special Property Uses for which no requirements have been listed, the Board may allow any reasonable height, yard dimensions or lot size provided that it is satisfied that there is adequate off - street parking and that height restrictions and yard requirements and other conditions imposed are sufficient to prevent detrimental effects on adjoining land or structures. 12.68.150 APPEALS--POWER OF BOARD. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or • determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 12.68.160 INVESTIGATIONS. The Board members, both indi- vidually and as a body, shall have the right to investigate the facts and inspect the premises involved in any appeal for a special exception and make such suggestions as they may deem appropriate to the appealing party and the Building In- spector tending to bring about an adjustment of the disputed issue not in violation of any ordinance of the City of Yakima; and participation in such investigation or inspection, or the making of such suggestions, shall not disqualify any Board member from participating as a Board member at the hearing on such appeal. 12.68.170 HEARING -- PARTIES MAY APPEAR. Upon a hearing before the Board, any party may appear in person or by agent or attorney, and the Planning Director, or his representative, and any attorney, and any member of the Yakima City Planning Commission sha l I have the right to be present at the hearing and to be heard by the Board upon the matter before it. • 12.68.180 MAJORITY VOTE REQUIRED. The concurring vote of three members of the Board sha l l be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter brought before the Board as required by this title. 12.68.190 FILING OF BOARD's DECISION. In the event that the Board shall reverse or modify any decision, order, require- ment or determination of the Building Inspector, or grant any variation, or issue a Special Use Permit or a Conditional Use Permit, it shall make in writing and file with the Building Inspector the full findings as to all facts upon which such action of the Board shall be based. -39- 12.68.200 APPEAL FROM BOARD'S DECISION. The decision of the Board upon all matters submitted to it shall be final and conclusive except for abuse of discretion, arbitrary action, fraud or illegality. Provided, that any person aggrieved by any decision of the Board, or any taxpayer or officer, within twenty days after the filing of the Board's decision in the office of the Building Inspector, may make application to the Superior Court of the State of Washington for Yakima County for a review of such decision. The, procedure upon such appli- cation shall be that established and prescribed by the laws • of the State of Washington in respect to write of certiorari. 12.68.210 HEARING REQUIRED. Upon the filing of an appeal or application for a Conditional Use Permit or a Special Pro- perty Use Permit by a property owner, or by a lessee with the consent of the owners, the Board sha l l hold at least one p u b l i c hearing and shall give notice, as provided in Chapter 12.80, of the intention to consider at a public hearing the granting of a variance, Conditional Use Permit or Special Property Use Permit. Chapter 12.72 CERTIFICATE OF OCCUPANCY 12.72.010 CERTIFICATE REQUIRED. Before any use is esta- blished upon land or within a building, it shall be the re- sponsibility of the owner of said land or building to inquire of the Building Inspector as to whether or not such use con- forms to the regulations of the zone where it is to be located. • 12.72.020 BUILDING INSPECTOR TO ISSUE PERMIT. Written application for a Certificate of Occupancy Permit for a new building or for a use requiring the addition to, or the al- teration of an existing building, shall be made at the same time as the application for a Building Permit. Where a change in occupancy in a building or structure that does not require additions or alterations occurs, or a change in occupancy upon land, written application shall be made at least seven days prior to the time that any use is established upon said land or within said building. Upon written notification by the owner that said building or land is ready for occupancy, the Building Inspector, within five days after receipt of said notification, shall, after final inspection, issue a Certifi- cate of Occupancy Permit if said use is found to be in conform- ance with the provisions of this title. A Certificate of Occupancy Permit for a legal non - conforming use shall indicate that such use is subject to the restrictions of non - conforming uses as specified in this title. 12.72.030 PLAT PLAN REQUIRED. An application for a Cer- tificate of Occupancy Permit shall be accompanied by a plat plan as required for a Building Permit in Chapter 12.88, except • where such plat is already on file with the Building Inspector. Chapter 12.76 AMENDMENTS 12.76.010 TITLE MAY BE AMENDED. Boundaries of the zones established by this title, the classification of property uses therein, or other provisions of this title may be amended when- ever public necessity and convenience and general welfare re- quire. -40- 12.76.020 INITIATION. Amendments of this title may be initiated by: 1. The verified application of one or more owners of property proposed to be changed or reclassified. 2. Resolution of Intention of the City Council. 3. Resolution of Intention of the Planning Commission. 12.76.030 APPLICATION FOR AMENDMENT. Whenever the owner III of any land or building desires an amendment, supplement to or change of the regulations prescribed for his property, he shall file with the Planning Commission an application therefor, verified by him, requesting such amendment. 12.76.040 HEARINGS BY PLANNING COMMISSION. Upon the filing of a verified application for an amendment, or the adoption of a Resolution of Intention by the Planning Commission or the City Council, the Planning Commission shal I hold at least one public hearing thereon, and notice of such hearing shall be given as provided in Chapter 12.80 of this title. 12.76.050 TIME FOR HEARING. The hearing before the Planning Commission on an amendment to the official compre- hensive zoning plan hereby established shall be held not later than forty calendar days following the fi ling of an application for such amendment, or the passage of a Resolution of Intention by the Planning Commission or the City Council; except when said hearing is upon a Resolution of Intention of the City Council, in which event said hearing shall be at the first meeting following the said ten day notice of the Planning Commission. 12.76.060 DECISION--NOTICE. The Planning Commission's action in recommending or denying the adoption of the amend- ment shall be by a motion adopted by the affirmative vote of a majority of the Planning Commission's voting members. Within ten calendar days from the date of such action, the Planning Commission shal I notify the applicant by forwarding a copy of the decision to the applicant at the address shown upon the application. 12.76.070 APPROVAL OF APPLICATION. When the action of the Planning Commission is to approve an application, the Planning Commission shal 1, within ten calendar days from the date of such action, forward to the City Council a notice of the action approving the application, and shall recommend the adoption of the amendment by the City Council. 12.76.080 DENIAL OF APPLICATION. The action of the Planning Commission in denying an application for amendment shal I be final and conclusive unless, within fourteen calendar days following the posting of notice in the United States mail of tho action to the applicant, an appeal in writing is filed with the City Council; provided, however, that such application may 0 come before the City Council by resolution of the City Council within thirty days following such denial. 12.76.090 DUTY OF CITY CLERK--RECORDS. Upon receipt of a written appeal filed with the City Council, as provided in this chapter, the City Clerk shall advise the Secretary of the Planning Commission who shall transmit to said City Clerk the Planning Commission's complete record of the case. 12.76.100 HEARINGS BY COUNCIL. Within not to exceed forty days following receipt of a report from the Planning Commission recommending the adopting of an amendment, or the filing of a written appeal from an order of the Planning Commission denying -41- i 1 an application for amendment as provided in this chapter the City Council shall conduct a hearing on the matter at a regularly scheduled meeting of said City Council. 12.76.110 FINDINGS AND DECISION OF COUNCIL. The City Council shall announce its findings and decision by formal motion not more than forty calendar days following the hearings, and said motion shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the approval or denial of the recommendation for the amendment • necessary to carry out the general purpose of this title. 12.76.120 DECISION OF COUNCIL FINAL. The action of the City Council shall be final and conclusive, except, however, if the decision is contrary to the recommendation of the Planning Commission, the City Council shall request a further report of the Planning Commission before it makes its decision final. Failure of the Planning Commission to act within forty calendar days of receipt of notice of the City Council's request shall automatically make the City Council's decision final. Chapter 12.80 PROCEDURE, HEARINGS, NOTICES AND FEES 12.80.010 FORM OF APPLICATIONS. The Planning Commission sha l I prescribe the form in which applications are made for changes in zone boundaries or classifications, or for Variances, Conditional Use Permits and Special Property Use Permits. It may prepare and provide blanks for such purpose and prescribe the type of information to be provided in the application by • the applicant. No application shall be accepted unless it complies with such requirements. 12.80.020 FEES. The following fees shall be paid upon the filing of any application: 1. Reclassification or amendment Ten (SI0.00) Dollars. 2. Variance Ten ($10.00) Dollars. 3. Conditional Use Permit Ten ($10.00) Dollars. 4. Special Property Use Permit Ten ($10.00) Dollars. 12.80.030 TIME LIMITS FOR HEARINGS. The date of hearing for all proposals for amending zone boundaries or classifications of property uses within such zones, or the granting of variances, Conditional or Special Property Use Permits as provided in this title shall be not Tess than ten calendar days nor more than forty calendar days from the time of f i I i ng of such verified application or the making of such motion. • 12.80.040 PUBLICATION AND SERVICE OF NOTICES. Notice of time and place of public hearings shal be given in the follow- ing manner: I. Notice of any public hearings upon a proposed amendment to this title, or to the map which is a part of this title, shall be given by at least one publication in a newspaper of general circulation in the City of Yakima not Tess than ten calendar days before the date of such public hearing. 2. Notice of pub l ic hearing to consider a Variance, Con- ditional Use Permit or Special Property Use Permit, shall be given by serving a copy of such notice upon the appellant or -42- applicant personally or by registered mail, and by at least one publication in a newspaper of general circulation in the City of Yakima. Such service and publication shall be made not less than fourteen calendar days prior to the date fixed for the hearing of such appeal or appl ication. A copy of such notice shall be served upon the Building Inspector, the office of the City Commission, and either the Planning Director or the Secretary of the City Planning Commission and all other parties in interest and upon all parties having requested such notice, within the time hereinabove designated. • 12.80.050 CONTINUANCE OF HEARINGS. lf, for any reason, testimony on any case set for a public hearing cannot be com- pleted on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, sai d hearing will be continued, and no further notice is required. Chapter 12.84 INTERPRETATION 12.84.010 INTERPRETATION OF TITLE. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the publ ic health, safety, morals and general welfare. Therefore, where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger yards or other open spaces than are imposed or required by the provisions of other laws, ordinances or regula- tions, the provisions of this title shat 1 govern. • 12.84.020 SEVERABILITY. If any section, subsection, clause or phrase of this title is, for any reason, held to be i nva I id or unconstitutional, such inval idity or unconstitutional ity shall not affect the val idity or constitutional ity of the re- maining portions of this title. Chapter 12.88 ENFORCEMENT, VIOLATIONS AND PENALTIES 12.88.010 ENFORCEMENT BY BU I LD ING INSPECTOR— ISSUANCE OF BUILDING PERMIT. It sha l l be the duty of the Building Inspector to see that this title is enforced and violations remedied through the proper legal channels. He shal I not issue a Building. Permit for the construction, alteration or reloca- tion of any building, structure or part thereof unless the plans, specification and intended use of such building or structure conform in all respects with the provisions of this title. 12.88.020 PLAT PLAN TO ACCOMPANY APPLICATION FOR BUILDING PERMIT. All applications for Building Permits shall be accom- panied by a plat in duplicate, drawn to 'scale, showing the actual dimensions and legal description of the lot or parcel to be built upon, all buildings existing, if any, upon said lot or parcel, the exact size and location on the lot or parcel of the building to be erected, the streets and al leys adjacent, and such other information as may be necessary for the proper en- forcement of this title. A record of such appl ications and plats shall be kept in the office of the Building Inspector. The Building Inspector may authorize the issuance of a permit without the plans and specifications for small or unimportant work. -43- , . 12.88.030 PROSECUTION OF VIOLATORS. For the purpose of prosecution, hereunder, "persons" means and includes natural persons, firms, co-partnerships and corporations, and other associations of natural persons, whether acting by themselves or by servants, agents or employees. Every person concerned in the commission of a misdemeanor in violation of this title, whether he directly commits the act or effects the commission constituting the offense, or aids and abets the same, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or 4r otherwise procures another to commit such misdemeanor, is and shall be a principal under the terms of this title, and shall be proceeded against and prosecuted as such. 12.88.040 PENALTY FOR VIOLATION. Any person violating any of the provisions of this title or failing to comply with the terms and provisions thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding Three Hundred Dollars ($300.00) or imprison- ment in the City Jail for a term not exceeding ninety days, or may be so fined and imprisoned. 12.88.050 EACH DAY AS SEPARATE. Each day that any person shall continue to violate or fail to comply with any of the provisions of this title shal I be considered a separate offense." Section 3. This Ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declar- ed to exist and this Ordinance shall be in full force and effect 411 immediately upon its passage, approval and publ ication as providn by I aw and by the City Charter. 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