HomeMy WebLinkAbout11-16-16 YPC PacketF0 It "I III IE,,
R E C O m 111),` I
ff a a I%'%, DEPARTMENT OF COMMUNITY DEVELOPMENT
<1a::un ng Division
AIM I %1W Joan Davenport, AICP, Director
Pl I ri nin g 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
SPECIAL MEETING/PUBLIC HEARING
City Hall Council Chambers
Wednesday November 16, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
Ci Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Joseph Calhoun (Senior Planner); Eric Crowell (Assistant Planner);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of October 12th, 2016 and October 26th, 2016
VI. Public Hearing - Preliminary Long Plat of "Englewood Place"
Applicant: Columbia Ridge Homes LLC
File Numbers: PLP#005-16 & SEPA#017-16
Site Address: 7408 Engelwood Ave
Request: Proposed long plat that will subdivide approximately 8.98 acres into 35
single-family residential lots in the R-1 zoning district.
VII. Continued Public Hearing - 2016 Text Amendments (TXT#001-16)
• Fee Schedule Changes
• Other Items as Previously Discussed
VIII. Discussion on Draft Sign Code Amendments
IX. Other Business
• Discussion of meeting dates through the rest of the year
• Any other business
X. Adjourn
Next Meeting: November 23, 2016
oV
Meeting Date: 11/16116
City of Yakima
YAKIM'MA PLANNING COMMISSION (YPC)
r Audience Participation Slip (PLEASE PRINT)
Please complete this form for the record and submit it to the Clerk of the board prior to addressing the
Commission.
ry
Name. � �� ,
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Nubject /Agenda Item Number(s),
A`� E-mail:
Mailing Address*: `' 1 ;� ° v is V69
*Please provide your mailing address on this form. When addressing the Commission, state your
name and whether you live inside or outside the City limits.
The Commission welcomes input from the public both during "Audience Participation" and during
discussion of regular agenda items. Speakers will be provided up to three minutes to address the
Committee or as otherwise indicated by the chairman; written communication is also encouraged. Also,
please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity,
personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted.
Thank you for your comments.
Meeting Date: 11/16/16
City of Yakima
YAKIM'A PLANNING COMMISSION (YPC)
Audience Participation Slip (PLEASE PRINT)
Please complete this form for the record and submit it to the Clerk of the board prior to addressing the
Commission.
Name: J)J0- 4
Subject/ Agenda Item umber(s):
E-mail; jr� �' �rir,�, �. C kG✓�'
�
Mailing Address*: o �aX 17Z--3 6
*Please provide your mailing address on this form. When addressing the Commission, state your
name and whether you live inside or outside the City limits.
The Commission welcomes input from the public both during "Audience Participation" and during
discussion of regular agenda items. Speakers will be provided up to three minutes to address the
Committee or as otherwise indicated by the chairman; written communication is also encouraged. Also,
please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity,
personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted.
Thank you for your comments.
A
SIGN—INAl
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City of Yakima Planning Commission
City Hall Council Chambers
Wednesday November 16, 2016
Beginning at 3:00 p.m.
Special Meeting/public Hearing
'PLEASE WRITE LEGIBLY'
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Page 1 11/16/2016 YPC Meeting
Columbia Ridge ,Domes LLC
"Englewood Place"
PLP#005-16 & SEPA#017-16
Yakima Planning Commission
Open Record Public Hearing
November 9, 2016
*Rescheduled to Novemher 6 2016
EXHIBIT LIST
Applicant:
Columbia Ridge Homes LLC
File Numbers:
PLP#005-16 & SEPA#017-16
Site Address:
7408 Englewood Avenue
Staff Contact:
Jeff Peters, Supervising Planner
Table of Contents
CHAPTER A Staff Report
CHAPTER B Vicinity Map
CHAPTER C Site Plan
CHAPTER D DST Review & Agency Comments
CHAPTER E SEPA Checklist
CHAPTER F Applications
CHAPTER G Public Comments
CHAPTER H Public Notices
CHAPTER I Supplemental Info & Correspondence
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXIHIBIT LIST
CHAPTER A
Staff Report
A-1 Staff Report 11/16/2016
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/laws a A, IL %A& DEPARTMENT OF COMMUNITY DEVELOPMENT
,Add= ,loan Davenport, A1CP, Director
�l j 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning� yakimawa.gov • vvww.yakimawa.gov/services/planning
CITY OF YAKIMA PLANNING DIVISION'S
FINDINGS OF FACT, CONCLUSIONS & RECOMMENDATION
TO THE CITY OF YAKIMA PLANNING COMMISSION
for
REQUEST FOR PRELIMINARY LONG PLAT
APPLICANT:
APPLICANT ADDRESS:
PROJECT LOCATION:
NAME OF PLAT:
TAX PARCEL NUMBERS:
DATE OF REQUEST:
DATE OF RECOMMENDATION:
STAFF CONTACT:
Columbia Ridge Homes LLC
404 S. 51St Ave., Yakima, WA 98908
7408 Englewood Ave., Yakima WA
Englewood Place
181320-21400
September 6, 2016
November 16, 2016
Jeff Peters, Supervising Planner
I. DESCRIPTION OF REQUEST:
On September 6, 2016, the City of Yakima Department of Community Development received an
application for a Preliminary Long Plat (PLP#005-16) and State Environmental Policy Act
Checklist (SEPA) (SEPA#017-16) requesting to subdivide 8.98 acres of Single -Family (R-1)
zoned property into 35 -Single -Family lots.
II. SUMMARY OF RECOMMENDATION:
The Administrative Official recommends approval of the Preliminary Plat, subject to conditions,
III. FACTS:
A. Statement of Cause:
Pursuant to YMC Ch. 14.20, the applicant's statement in the Preliminary Long Plat
application dated September 6, 2016 — This proposed plat will subdivide approximately
8.98 acres into 35 Single -Family lots. Lot sizes will range from approximately 7,550 sq.
ft. to 13,079 sq. ft.
B. Processing.
1. The application for a Preliminary Long Plat was received on September 6, 2016.
2. As the proposed plat is larger than nine lots, this application is being processed under
the provisions of YMC § 14.20 and YMC § 6.88.
3. Pursuant to RCW Ch. 58.17, YMC § 1.42.030 and YMC § 14.20.100, the City of Yakima
Planning Commission (Planning Commission) is authorized to make a recommendation
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for approval or disapproval, with written findings of fact and conclusions to support the
recommendation to the City Council on preliminary plats. Within ten working days of the
conclusion of a hearing, unless the applicant agrees to a longer period in writing, the
Planning Commission shall render a written recommendation, which shall include
findings and conclusions based on the record.
4. Public Notice: Public notice for this application and hearing was provided in
accordance with YMC Title 14, Subdivision Ordinance; YMC Title 15, Urban Area Zoning
Ordinance; and YMC Title 16, Development Permit Regulations, and include the
following actions and dates:
a.
Date of Application:
September 6, 2016
b.
Date of Developer's Notice of Complete Application:
September 19, 2016
c.
Date of Notice of Application and Public Hearing:
September 22, 2016
d.
Date of Posting of Land Use Action Sign on the Property:
September 23, 2016
e.
Date of Mailing of Notice of DNS:
October 13, 2016
Public
Notice for Rescheduled Public Hearing:
f.
Posting of Hearing Room:
November 9, 2016
g.
Posting on Land Use Action Sign:
November 10, 2016
h.
Notice of Rescheduled Public Hearing to Parties of Record:
November 10, 2016
i.
Legal Notice in Yakima Herald Republic:
November 11, 2016
5. Public Comment:
Three public comments were received during the open public comment period. Two of
the public comments from surrounding neighbors indicated concern over existing wildlife
on the subject property, as well as air quality concerns. The final comment from the
Washington State Department of Ecology indicated that the subject property may
contain the presents of residual concentrations of pesticides.
6. Development Services Team (DST) Review: This proposal was reviewed by the DST
team on September 27, 2016. Final comments of the DST members are summarized
below:
a. Codes:
i. Preliminary addressing for the Plat can be found in Exhibit "A".
ii. Fire hydrants shall be installed at a maximum of 500 -foot intervals, and shall
provide adequate fire flow for the largest proposed structures.
iii. Fire hydrants shall be installed prior to building permit issuance.
b. Engineering:
i. This development is subject to Title 12 development standards which include,
but is not limited to the following sections of the Yakima Municipal Code
(YMC), (see the applicable code portion of this staff report for specific code
language or City of Yakima Website for the complete code):YMC §§ 8.67
8.64, 8.72, 12.01, 12.02, 12.03, 12.04, 12.05, and 12.06, 12.06.050, and
12.06.080
ii. All frontage improvements shall be completed prior to Certificate of Occupancy.
Civil engineering plans for public improvements shall be approved prior to
issuance of building permits.
c. Wastewater:
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i. The existing sewer line on the west and south side of the property will need to
have access for maintenance or the existing mainline may be moved in order to
better serve this development.
ii. A minimum sixteen foot easement shall be maintained over all public utility lines
in accordance with YMC § 12.02.010 & 020.
iii. The easement is required to be accessible, and shall be maintained free and
clear of any fencing, structures, or obstructions.
b. Stormwater:
i. Due to the fact that this project involves clearing and grading of more than
an acre of property a SWPPP Permit shall be required.
ii. The submittals for the SWPPP are as follows:
A. Drainange plans and calculations;
B. Temporary Erosion and Sediment Control plan
C. Stormwater maintenance agreement and plan; and
D. Stormwater Pollution Prevention Plan.
iii. Grading and/or building permits shall not be issued without the project
site first passing an erosion control inspection.
iv. Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to
the Eastern Washington Stormwater Manual and City of Yakima
standards. These plans and control measures must be completed by a
licensed Professional Engineer and then be reviewed and approved by
the City of Yakima Surface Engineer prior to construction.
c. Yakima Tieton Irrigation District:
i. The West four (4) feet of Development property is subject to a permanent
easement for the benefit of the UNITED STATES OF AMERICA ("United
States" herein) and YAKIMA-TIETON IRRIGATION DISTRICT, (YTID) an
irrigation district organized under the laws of the State of Washington. This
easement is overlapped by an easement for a City sewer pipe. This
easement is 16 feet wide and centered over the sewer line;
ii. YTID and the City of Yakima operates and maintains water pipelines,
sewer pipelines and appurtenances thereto ("Facilities" herein) within the
Easements;
iii. The construction, placement, or installation of buildings, structures, fences,
landscaping and any other improvements including additional fill material
on the Easement will interfere with the rights of the YTID and City of Yakima
to reconstruct, operate and maintain the Facilities and shall not be allowed;
iv. YTID also operates and maintains a blow off and drain for the Irrigation
Facilities within the Easements, which has historically drained and flowed
from the Irrigation Facilities over, under and across the southerly portion
of the Development property. The Development Long Plat must show an
8 feet wide easement along the South property line of the development to
accommodate a pipeline to contain and direct the drain water. The
developer must be willing to accommodate and accept the drain water
resulting from the normal operations and maintenance of the Irrigation
facilities from the blow off and drain in to the current or any future
drainage system for Development property;
v. YTID shall maintain the easement along the West line of the development
free from weeds and vegetation constituting a fire hazard and shall also
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erect and maintain a gate at the northerly end of the easement at
Englewood Avenue, consisting of posts and a chain between the posts, to
block access to the Easement to all but YTID, the City of Yakima and the
Developer and their successors and assigns, having a reason to enter
such easements.
vi. The easements shown on the face of the Plat shall run with Development
property and shall extend to and be binding upon the successors and
assigns of the Property, and shall benefit the successors and assigns of
the YTID and The City of Yakima.
C. Environmental Review.
This project underwent a State Environmental Policy Act (SEPA) review and a
Determination of Non -Significance (DNS) was issued by the City of Yakima Planning
Division on October 13, 2016. The appeal period for this environmental review concluded
on October 27, 2016, with no appeals filed.
D. Transportation Capacity Management Ordinance. This application was reviewed and
approved for consistency with YMC 12.08 Transportation Capacity Management
Ordinance on October 27, 2016. The development will not exceed the PM peak hour
capacity of the City Arterial street system and reserve capacity exists on all impacted
streets. This review does not include any site development or safety issues, which may
be discussed at the project level or SEPA review. The review does not address
intersection level of service.
E. Comprehensive Plan.
The 2025 Comprehensive Plan and Future Land Use Map III -3 designate the subject
property as suitable for Low Density Residential development. Low Density Residential
is defined as - Primarily free standing single-family residences. Residential density is
less than 7.0 dwelling units per acre. This is considered the lowest possible residential
density that can efficiently support public services.
The proposed preliminary plat is consistent with the Comprehensive Plan's goals and
policies as follows:
Goal 3.1: Provide for a broad distribution of housing in Yakima that meets the
affordability and neighborhood design needs of the public.
Policy 3.1.1.4: Development shall be located along Arterials or Collector streets and
should have good access to public transit.
Goal 3.2: Build sustainable new neighborhoods
Policy 3.3.2: Ensure that new development is compatible in scale, style, density and
aesthetic quality to an established neighborhood.
F. Urban Area Zoning Ordinance.
The main purpose of the Yakima Urban Area Zoning Ordinance Yakima Municipal Code
(YMC) Title 15 (UAZO) is to implement the Yakima Urban Area Comprehensive Plan
and promote the general health, safety and welfare of the present and future inhabitants
of the Yakima Urban Area. YMC § 15.01.030 describes the purpose and intent to
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promote the purpose of the UAZO. Subsection 15.03.020(B) of the UAZO indicates that
the intent of the Single -Family Residential (R-1) zoning district is to:
1. Establish new residential neighborhoods for detached single-family dwellings free
from other uses except those which are compatible with, and serve the residents of
this district, which may include duplexes and zero lot lines if established during the
subdivision process;
2. Preserve existing residential neighborhoods for detached single-family dwellings free
from other uses to ensure the preservation of the existing residential character, and
serve the residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single-family dwellings are the primary use in this district. The district is
characterized by up to sixty percent lot coverage; access to individual lots by local
access streets; required front, rear and side yard setbacks; and one and two-story
structures. The density in the district is generally seven dwelling units per net
residential acre or less.
This zone is intended to afford single-family neighborhoods the highest level of
protection from encroachment by potentially incompatible nonresidential land uses or
impacts. Nonresidential uses within these zones are not allowed; except for public or
quasi -public uses, which will be required to undergo extensive public review and will
have all necessary performance or design standards assigned to them as necessary
to mitigate potential impacts to adjacent residences.
Development exceeding seven dwelling units per net residential acre may be allowed
in accordance with Table 4-1.
IV. APPLICABLE LAW: Applicable law for this application may be found in Exhibit "B" of this
report.
V. FINDINGS:
1. The subject property was originally preliminarily approved by the Yakima City Council on
February 7, 2012, for a thirty one lot subdivision known as Englewood Ridge, which has
yet to expire.
2. Due to lack of a quorum of the City of Yakima Planning Commission, the preliminary plat
of Englewood Ridge was rescheduled from November 9 to November 16, 2016.
3. Public notice for the rescheduled public hearing was provided in accordance with the
City of Yakima's Municipal Code as described above in item 4 Public Notice.
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4. The new proposed plat is virtually identical proposing four additional lots of record (35),
but eliminating a 55 ft. radius turn around at the end of Douglas Way, and does not have
a Tract "A" on the Southeast corner of the plat.
5. The subject property is currently unoccupied, is approximately 8.98 acres in size, has a
Future Land Use designation of Low Density Residential, and zoning of Single -Family
Residential (R-1).
6. URBAN AREA ZONING ORDINANCE UAZO
A) Proposed Construction: This proposed preliminary plat is designed for single-
family residences with lot sizes and development standards to match.
B) Lot Size: The preliminary plat indicates that lot sizes will range from 7,550 to 13,079
square feet. Table 5-2 of Chapter 15.05 of the UAZO provides that the minimum lot size
for single-family construction is 6,000 square feet.
C) Lot Width: Table 5-2 of Chapter 15.05 of the UAZO prescribes that the minimum lot
width for the R-1 zoning district is 50 feet. All proposed lots meet or exceed the minimum
requirement.
D) Lot Coverage: The maximum lot coverage permitted in the R-1 zoning district is
60% and all lots have sufficient area to comply with this development standard.
E) Setbacks: YMC Ch. 15.05 Table 5-1 identifies the required setbacks for
development within the R-1 zoning district. As all streets both abutting and internal to
the proposed plat are designated as Local Access streets, all lots within the proposed
should meet these standards as identified in note #9 shown on the face of the
preliminary plat.
F) Maximum Building Height: YMC Ch. 15.05 Table 5-1 identifies that the maximum
building height for development within the R-1 zoning district is 35 ft. As identified in the
applicant's State Environmental Policy Act Checklist, the tallest structure will be 30 ft. in
height thus complying with this standard.
G) Residential Accessory Structures: Residential Accessory Structures are allowed
to be constructed upon all lots of record provided they meet the provisions of YMC §
15.05.020 (E).
H) Fencing: Fencing upon and behind property lines is allowed in accordance with
YMC § 15.05.020 (G). However, due to the location of a Yakima Tieton Irrigation
pressurized irrigation main and City of Yakima sewer main along the subject property's
west property line Lots #11 — 17 will not be allowed to locate any structure or fencing
within the existing 16 ft. utility easement protecting the two utilities.
1) Access: In accordance with YMC §15.05.020 (H), all lots have 20 ft. of frontage upon
a public street, or are access by a 20 ft. access easement.
J) Sidewalk: In accordance with YMC §.15.05.020 (J), the subject plat identifies that
curb, gutter, and sidewalk is proposed to be constructed along all street frontages.
K) Density: With a density of 3.45 dwelling units per net residential acre (4.35 dw/nra
with streets calculated out), the proposed preliminary plat complies with YMC §
15.05.030(8) and Table 4-1 of Chapter 15.04 of the UAZO which prescribe a maximum
of seven (7) dwelling units per net residential acre in the R-1 zone.
1. The Preliminary Long Plat is occurring as a single action and thus the density
calculation is based upon a single action of dividing 7.12 acres in to 31 residential
lots.
2. The density calculations are listed below:
Density for the proposed development as a whole:
X = 31 dwelling units / 8.9815 acres
X = 3.45 dwelling units per net residential acre
Density with streets factored out calculation
Square footage for total lots = -310,195.12 square feet
4310,195.12 square feet / 43,560 square feet per acre
4= 7.12 acres
4= 31 dwelling units / 7.12 acres
4= 4.35 Dwelling Units Per Net Residential Acre
L) Streets/Dedication of Right-of-way: The subject property has street frontage upon
Englewood and 74th Avenues. Englewood and 74th Avenues, as well as all proposed
internal streets are classified as Neighborhood Collector (MC3) streets by the City of
Yakima's Transportation Plan, and as such requires a total street width of 50 ft. of right-
of-way dedication. The proposed preliminary plat complies with this standard indicating
widths of over 50 ft. for Englewood and 74th Avenues, and dedicating 50 ft. of right-of-
way for all proposed streets.
3. PUBLIC INFRASTRUCTUREITITLE 12 DEVELOPMENT STANDARDS.
A. Street Improvements:
a. Englewood Ave. is approximately 70 ft. in width and lacks curb, gutter and
sidewalk, and streetlights on both sides of the street. N. 74th Ave. is
approximately 60 ft. in width and lacks curb, gutter, sidewalk, and
streetlights along the development's street frontage.
b. Therefore, in accordance with YMC § 8.67 and 12.05, new curb, gutter
and sidewalk will be required to be installed along N. 74th Ave, Englewood
Ave., and within all streets proposed within the plat. Street sections shall
conform to standard detail R3, and sidewalks shall conform to standard
detail R5.
c. In accordance with YMC § 12.06.080, street lighting shall be installed at
each street intersection and at mid -block if the block exceeds five
hundred feet in length...
d. All driveways are to be constructed per YMC § 8.64 and standard detail
R4, and dead-end streets shall provide for adequate turnarounds... per
YMC 8.72.
B. Waste Water:
a. The subject development is presently served by a 10 -inch City of Yakima
sewer main which enters the property at Englewood Ave. and the W.
property line of the proposed plat. The subject line then extends S. to the
southern property line and thence east to the middle of the plat where it
exits the plat to the south.
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b. The subject development and lots may be served by an extension of the
existing 10 -inch sewer main, or the developer may choose to relocate the
line to a location, which better serves the development in accordance with
YMC 12.03.010, 020, 030 & 100.
c. A minimum sixteen foot easement shall be maintained over all public
utility lines in accordance with YMC § 12.02.010 & 020.
d. The 16 ft. easement located along the west property line is required to be
accessible, and shall be maintained free and clear of any fencing,
structures, or obstructions.
e. All lots with the subject plat shall be served by a separate side sewer line
from a public main in accordance with YMC § 12.03.070.
f. In the event that the developer maintains the existing 10- inch sewer line
in its present location, the 16 ft. easement shall be maintained, and be
maintained free and clear of any fencing, structures, or obstructions .
Potable Water:
a. The subject plat is located within the service area of Nob Hill Water
Company who has indicated that they have capacity to serve the subject
development. Therefore, the applicant shall extend potable water to the
subject plat in accordance with YMC § 12.04.10.
Irrigation:
a. The subject plat lies within the Yakima Tieton Irrigation District (YTID),
and therefore irrigation sign off on the face of the final plat will be required
in accordance with YMC § 14.20.210 (0) as shown in Exhibit "B".
b. Due to the fact that YTID maintains a pressurized irrigation main along
the subject property's west property line and drain line along the south
property line, the developer shall accommodate the irrigation lines as
follows:
i. West property line:
1. The plat shall maintain a 16 -ft. wide easement;
2. The construction, placement, or installation of buildings,
structures, fences, landscaping and any other
improvements including additional fill material on the
Easement shall not be allowed;
3. The developer shall grade the northerly end of the
easement at Englewood Avenue to the satisfaction of
YTID, and City of Yakima for vehicular access.
ii. South property line:
1. The plat shall maintain a minimum 8 -foot wide easement
along the South property line of the development to
accommodate the existing drain line.
2. The developer shall extend the existing drain line and
easement to proposed Lot #23 where appropriate
stormwater facilities shall be designed and constructed
capable of treating the development's stormwater, and the
drain water of the YTID.
c. The easements shown on the face of the Plat shall run with Development
property and shall extend to and be binding upon the successors and
assigns of the Property, and shall benefit the successors and assigns of
the YTID and The City of Yakima.
4. TOPOGRAPHY:
Although the site is hilly, no portion of the preliminary plat is designated as a Critical
Area due to over steepened slopes, which are defined as slopes in excess of a 20%
grade. The previous SEPA checklist indicates that portions of the site may have up to a
10% grade. Although this is not insignificant, it is not considered to be a slope which
cannot be accommodated through a combination of site grading, including terracing, and
possible use of retaining walls. In the City of Yakima, all permits for grading and site
development are subject to the requirements of Appendix J of the 2015 International
Building Code and some retaining walls may need to be engineered, permitted and
inspected.
5. STREET ACCESS AND PARKING:
Interior streets shall be utilized for access to the lots being created. Lots #2 & 3 shall be
allowed access to N. 74' Ave.
6. SUBDIVISION ORDINANCE:
As proposed, and with the recommended conditions, this preliminary plat meets all the
design requirements of YMC Ch. 14.30 of the City's subdivision ordinance and the
development standards of YMC Title 12. The recommended conditions are intended to
ensure consistency with the provisions of the City's subdivision ordinance and that
appropriate provisions are provided for the following:
A) Public health, safety, welfare: The construction of new single-family dwellings will
complement adjacent uses will promote the public health, safety and general welfare
insofar as there is a need in this community for additional housing and insofar as this
proposed preliminary plat would be required to comply with all applicable City
development standards, and all conditions of approval specified by the City of Yakima
Planning Commission.
B) Open spaces: The proposed lots are larger than the minimum lot size required in the
R-1 zoning district. Lot coverage of 60% or less in the R-1 zoning district will provide
adequate light and air for future residents in accordance with the standards in the zoning
ordinance without additional open spaces.
C) Drainage systems: Drainage system facilities will be provided in accordance with
state and local regulations including the City of Yakima Municipal Code and the Eastern
Washington Storm Water Manual.
D) Streets, alleys, and other public ways: The subject property has frontage upon N
74' and Englewood Avenues, and proposes four new public streets to provide adequate
access to all internal lots.
E) Water supplies: Public water is required to be used for domestic and fire flow
purposes. An adequate water supply for this development is available from Nob Hill
Water Company.
F) Sanitary waste disposal: Public sewer is required to service all lots within the
subject development. A City of Yakima sewer main capable of serving the development
lies along the W. and S. property lines of this development.
G) Parks and playgrounds: The Gaileon Park is located approximately .70 miles to the
southeast of the proposed preliminary plat. The proposed preliminary plat is not located
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in a planned parks and recreation area. Provisions for parks and recreation areas are
not necessary within the proposed preliminary plat due to the size, number and location
of the proposed lots and the existence of Galieon Park.
H) Sites for schools: Summitview Elementary and Apple Valley Elementary are both
located approximately within one mile to the southeast and southwest of the proposed
preliminary plat. No comments were received from the School District suggesting the
need for an additional school at this location.
1) Sidewalks: Sidewalks are required and will be provided along this developments
frontage, and internal streets.
J) Public Transit: This proposed subdivision is not served by Yakima Transit.
J) Serves the public interest and use: This proposed 35 -lot residential subdivision is
consistent with neighboring land uses and better serves the needs of the City of Yakima
than the undeveloped status of the property.
7. TIME LIMITATION:
Upon preliminary plat approval, the applicant has five years from the date of preliminary
approval to submit the final plat. Thereafter, 30 days prior to the expiration of preliminary
approval the applicant must submit to the City Council a written request asking to extend
the approval period for a maximum period of one year (YMC § 14.20.160 YMC). Before
the final plat can be recorded all required infrastructure must be engineered, completed
and inspected or engineered and financially secured and receive final plat approval from
the City Council.
VI. CONCLUSIONS:
1. The Planning Commission has jurisdiction. (RCW Ch. 58.17, YMC § 1.42.030, and YMC
§ 14.20.100)
2. This recommendation is based upon a project narrative and site plan received
September 6, 2016.
3. This Preliminary Plat complies with the general requirements for subdivision approval as
specified by YMC Ch. 14.20 and Ch. 15.05.
4. During project review it has been found that this request is in compliance with YMC
§16.06.020 (B) for making a Determination of Consistency as follows:
a. The proposed use is permitted within the R-1 zoning district.
b. All necessary public facilities are available to serve this site.
c. This proposal is consistent with existing development regulations for this location.
5. This development will have no measureable impacts to the surrounding transportation
system.
INDEX
10
6. This proposed plat serves the public use and interest and provides for the possibility of
creating new additional housing within the City of Yakima.
7. A Determination of Nonsignificance (DNS) was issued on October 13, 2016, for this
proposed development.
8. This preliminary subdivision complies with the goals and objectives of the Urban Area
Comprehensive Plan, the intent and purpose of the R-1 zoning district, the provisions of
the Urban Area Zoning Ordinance, Subdivision Ordinance, Title 12's Development
Standards and Chapter 12.08 the Traffic Concurrency Ordinance.
9. The proposed plat complies with the provisions of RCW 58.17.110 and YMC §
14.20.100, providing appropriately for: the public health, safety, and general welfare,
open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,
potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
school grounds, sidewalks and other planning features that assure safe walking
conditions for citizen of the neighborhood.
VII. RECOMMENDATION
The Planning Division recommends that this 35 -lot subdivision known as "Englewood Place" be
approved subject to the following conditions:
1. Prior to approval of the final plat, all approved improvements shall be constructed or
financially secured according to the standards and requirements of the City Engineer
and YMC Title 12.
2. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final
plat approval, written verification from Nob Hill Water must be submitted to the Planning
Division indicating that each lot with the plat has been served with domestic and fees
paid.
3. All lots shall be provided with public sewer service according to YMC Title 12 standards.
Prior to final plat approval written verification from the City of Yakima Engineering
Department must be provided to the Planning Division indicating that all sewer
extensions have been completed and inspected or financially secured.
4. The 16 -foot easement located along the subject property's west property line shall be
maintained upon the face of the plat regardless of relocation of the public sewer.
Additionally, a note shall be added to the face of the plat indicating that the easement
shall be accessible, and shall be maintained free and clear of any fencing, structures,
obstructions, or landscaping, and no fill shall be allowed over the easement.
5. The northerly edge of the 16 -foot easement located along the subject property's west
property line shall be graded to the satisfaction of the Yakima Tieton Irrigation District,
and the City of Yakima Engineer for access purposes.
6. The developer shall extend the existing Yakima Tieton Irrigation District drain line
located along the subject properties south property line to proposed Lot #23.
Appropriate stormwater facilities shall be designed and constructed upon Lot #23
capable of treating the development's stormwater, and the drain water of the YTID in
DOC.
INDEX 11
-
accordance with the Eastern Washington Stormwater Manual, and the requirements of
the City of Yakima Stormwater Engineer.
7. The existing Drainage Improvement line located along the south property line of Lots
#20 and 21 shall not be uses to treat or convey stormwater generated from this plat.
8. A minimum 8 -foot wide public utility easement shall be provided adjacent to all public
road rights-of-way.
9. Easements for new and/or future utilities shall be a minimum of 16 -feet in width,
provided that the width of easements for buried utilities will be twice the depth of the
planned excavation.
10. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
11. All public and private utilities to be located within public road rights-of-way must be
constructed prior to the start of road construction.
12. Fire hydrants shall be placed at the locations specified by the Building Codes, Planning
Division, and the Yakima Fire Department. All lots must be provided with adequate fire
flow.
13. All permits for the subject development are subject to the requirements of Appendix J of
the 2015 International Building Code.
14. All permits required by the Yakima Regional Clean Air Authority shall be obtained.
15. A final binding stormwater and drainange control plan for the entire property shall be
submitted and approved by the City's Stormwater Engineer which is capable of retaining
both the subject development's stormwater, and any irrigation drainage created by the
YTID prior to any construction.
16. All addresses shall be as specified in Exhibit "A" of this report. All addresses must be
clearly shown on the face of the final plat as required by RCW 58.17.280.
17. This plat shall be subject to the following notes, which must be placed on the face of the
plat:
a. The addresses shown on this plat are accurate as of the date of recording, but may
be subject to change. The City of Yakima Building Codes Division is responsible for the
confirmation or reassignment of addresses at the time of building permit issuance.
b. The owners shown hereon, their grantees and assignees in interest hereby covenant
and agree to retain all surface water generated within the plat on-site.
c. All lots with the exception of Lots #2 and 3 are restricted from accessing Englewood
and N. 741h Avenues.
WEX 12
18. Irrigation approval, is required, shall be shown on the face of the final plat as identified in
Exhibit "B"
19. All other requirements of the zoning and subdivision ordinance, although not specifically
set forth herein, shall be complied with in their entirety.
20. Upon preliminary plat approval, the applicant has five years to submit the final plat.
Thereafter, 30 days prior to the expiration of said approval the applicant must submit to
the City Council a written request asking to extend the approval period for a maximum
period of one year.
Exhibit "A"
Addressing is suggested as the following, but is subject to change:
LOT 1
7401 W VIEWCREST WY / 420 N 74TH AVE
LOT 2
500 N 74TH AVE
LOT 3
502 N 74TH AVE
LOT 4
504 N 74TH AVE
506 N 74TH AVE / 7400 ENGLEWOOD AVE OR 7401 W
LOT 5
DOUGLAS DR
LOT 6
7402 ENGLEWOOD AVE / 7403 W DOUGLAS DR
LOT 7
7500 ENGLEWOOD AVE / 7501 W DOUGLAS DR
LOT 8
7502 ENGLEWOOD AVE / 7503 W DOUGLAS DR
LOT 9
7504 ENGLEWOOD AVE / 7505 W DOUGLAS DR
LOT 10
7600 ENGLEWOOD AVE / 7507 W DOUGLAS DR
LOT 11
7601 W DOUGLAS DR
LOT 12
506 N 76TH AVE
LOT 13
504 N 76TH AVE
LOT 14
502 N 76TH AVE
LOT 15
500 N 76TH AVE
LOT 16
420 N 76TH AVE
LOT 17
7600 W VIEWCREST WY
LOT 18
7506 W VIEWCREST WY
LOT 19
7504 W VIEWCREST WY
LOT 20
7502 W VIEWCREST WY
LOT 21
7500 W VIEWCREST WY
LOT 22
7402 W VIEWCREST WY
LOT 23
7400 W VIEWCREST WY / 418 N 74TH AVE
LOT 24
7403 W VIEWCREST WY / 421 N 75TH AVE
LOT 25
501 N 75TH AVE
LOT 26
503 N 75TH AVE
LOT 27
505 N 75TH AVE
LOT 28
504 N 75TH AVE / 7502 W DOUGLAS DR
LOT 29
502 N 75TH AVE
LOT 30
500 N 75TH AVE
LOT 31
420 N 75TH AVE / 7501 W VIEWCREST WY
LOT 32
421 N 76TH AVE / 7503 W VIEWCREST WY
LOT 33
501 N 76TH AVE
LOT 34
503 N 76TH AVE
LOT 35
505 N 76TH AVE / 7504 W DOUGLAS DR
IDE
IN -
14
Exhibit "B"
A. YMC § 15.03.020 (B) Single -Family Residential (R-1) zoning district:
The Single -Family Residential district is intended to:
1. Establish new residential neighborhoods for detached single-family dwellings free
from other uses except those which are compatible with, and serve the residents of
this district, which may include duplexes and zero lot lines if established during the
subdivision process;
2. Preserve existing residential neighborhoods for detached single-family dwellings free
from other uses to ensure the preservation of the existing residential character, and
serve the residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single-family dwellings are the primary use in this district. The district is
characterized by up to sixty percent lot coverage; access to individual lots by local
access streets; required front, rear and side yard setbacks; and one and two story
structures. The density in the district is generally seven dwelling units per net residential
acre or less.
This zone is intended to afford single-family neighborhoods the highest level of
protection from encroachment by potentially incompatible nonresidential land uses or
impacts. Nonresidential uses within these zones are not allowed; except for public or
quasi -public uses, which will be required to undergo extensive public review and will
have all necessary performance or design standards assigned to them as necessary to
mitigate potential impacts to adjacent residences.
Development exceeding seven dwelling units per net residential acre may be allowed in
accordance with Table 4-1.
B. YMC § 15.05.020 (H): Site design requirements and standards: Access Required:
All new development shall have a minimum of twenty -feet of lot frontage upon a public
road or be served by an access easement at least twenty feet in width. The purpose of
this standards is to provide for vehicular access to all new development; provided, the
construction of single-family on existing legally established lots is exempt from the
requirements of this section.
C. YMC § 15.05.030 (A): Creation of new lots — Subdivision Requirements: Table of
Subdivision Requirements:
Establishes basic development criteria for lot size and width that must be met
when reviewing an application for a new subdivision. For single family dwelling
DOC.
INDEX 15
construction in the R-1 zoning district, the required minimum lot size is 6000
square feet.
D. YMC § 15.05.055(1) New Development Improvement Standards
Fire apparatus access roads for multiple -family residential developments and one- or
two-family residential developments shall be subject to the provisions of Sections D106
and D107, respectively, of Appendix D of the International Fire Code (2009 Edition).
Additionally, such residential developments shall be subject to the requirements of
Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial
fire apparatus roads, as applicable. All provisions of the International Fire Code
referenced above are hereby adopted and incorporated herein by this reference, as now
existing or as hereafter amended and adopted by the city. Minimum requirements for the
primary and secondary access will be at least twenty feet wide, unobstructed, paved
lanes.
E. YMC § 12.02.010 Establishment of Easements:
Public utility easements shall be established for the location of new and proposed public
utility lines serving new land divisions and land development. Public utility easements
shall also be established across the front of new lots and redeveloped lots to provide for
future utility access as determined necessary by the city engineer. Public utility
easements shall be dedicated (granted) at the time that subdivision and/or land use
approval is granted.
F. YMC § 12.02.020 Easement location and width:
Eight -foot -wide utility easements shall be dedicated along the front of each lot in
subdivisions and short subdivisions. Easements for new and/or future utility lines shall
be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is
greater.
G. YMC § 12.03.010 Sewer service required:
All new lots and development shall be served by a sanitary sewer line located adjacent
to the lot or development site.
H. YMC § 12.03.040 Minimum sewer line size:
The minimum size for public sewer lines is eight inches in diameter.
I. YMC § 12.03.070 Side sewer service:
Each building containing sanitary facilities shall be served by a separate private side
sewer line from a public main. Branched side sewers serving multiple buildings and
properties shall not be permitted. Single side sewers serving multi -unit buildings are
permitted.
J. YMC § 12.04.010 Water service required:
All new lots and development shall be served by a public water supply line maintained
by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located
adjacent to the lot or development site. The water line shall be capable of providing
sufficient flow and pressure to satisfy the fire flow and domestic service requirements of
the proposed lots and development as approved by the city Engineer in cooperation with
the code administration manager and water irrigation division manager.
K. YMC § 12.04.020 Water line extension required:
Water lines shall be extended to the point where the adjoining property owner's
responsibility for further extension begins. This typically requires extension across the
street or easement frontage of the developing property. In some cases it will require
dedication of on easement and a line extension across the property or extension along
two or more sides of the developing property. Extensions will be consistent with and
implement the City's adopted water comprehensive plan.
L. YMC § 12.04.040 Minimum size and material standards:
New water lines in the city of Yakima water system shall be constructed of Class 52
ductile iron and shall be a minimum of eight inches in diameter. Improvements and
additions to the Nob Hill Water Company system shall conform to the requirements of
Nob Hill Water Company.
M. 12.06.080 Street lighting.
A street light shall be installed at each street intersection and at mid block if the block
exceeds five hundred feet in length. Street lights shall meet the design and placement
standards of the city engineer. Lighting improvements shall become the property of the
city of Yakima upon installation and will thereafter be maintained by the city. (Ord. 2012-
30 § 1 (Exh. A) (part), 2012: Ord. 98-64 § 1 (part), 1998).
N. YMC § 12.05.010 Sidewalk installation required:
"Sidewalks shall be installed along both sides of all new, improved, and reconstructed
streets..."
O. YMC § 12.06.020 Right-of-way and pavement width standards:
Right-of-way shall be dedicated and street surfacing provided in accordance with West
Valley Neighborhood plan and Table 5-1 of the Yakima urban Area Transportation Plan.
P. RCW 58.17.280 and YMC Ch 14.15.090 — Naming and numbering of short
subdivisions, subdivisions, streets, lots and blocks:
Any city, town or county shall, by ordinance, regulate the procedure whereby short
subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot
numbering system and a house address system, however, shall be provided by the
municipality for short subdivisions and subdivisions and must be clearly shown on the
short plat or final plat at the time of approval.
Q. RCW 58.17.110 and YMC 14.20.120:
The city, town, or county legislative body shall inquire into the public use and interest
proposed to be served by the establishment of the subdivision and dedication. It shall
determine: (a) If appropriate provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys,
other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and school grounds, and shall consider all other
relevant facts, including sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school; and (b) whether the public
interest will be served by the subdivision and dedication.
R. Yakima Irrigation District Certification and Approval:
Irrigation District Certification and Approval
The property described hereon is located wholly or in part within the boundaries of the
Yakima-Tieton Irrigation District. I hereby certify that the irrigation easements and rights-
of-way shown hereon are adequate to serve all lots located within this short plat which
are otherwise entitled to irrigation water under the operating rules and regulations of the
district. I also certify that the irrigation easements and rights-of-way are adequate to
transmit irrigation water through this plat to other adjacent land entitled to irrigation water
under the operation rules and regulations of the district. I further certify that:
-- This plat contains completed irrigation distribution facilities in accordance with this
district's standards.
-- Provisions acceptable to this district have been made by covenant & agreement for
completed irrigation distribution facilities to all lots:
Said agreement is filed supplemental to this plat, or
-- The existing shared irrigation distribution facility is adequate to meet this requirement.
-- Lots is/are, in whole or in part, not currently entitled to irrigation water rights
under the operating rules and regulations of the district.
Yakima-Tieton Irrigation District
I also certify that all chargeable regular and special assessments collectible by this office
that are due and owing on the property described hereon have been paid.
By
Treasurer. Yakima-Tieton Irrigation District Date:
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER B
Vicinity Map
VICINITY MAP
File Number: PLP#005-16
Project Name: Columbia Ridge Homes LLC — "Englewood Place"
Site Address: 7408 Englewood Ave
N
SITE
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Ro y Rd
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Proposal: Proposed long plat that will subdivide approximately 8.98 acres into 35 single-family
residential lots in the R-1 zoning district.
Contact the City of Yakima Planning Division at (509) 575-6183 r .
Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of
Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any
action taken, or action not taken by the user in reliance upon any maps or information prov"Iin.
Date Created: 9/8/2016 -
INDEX
COLUMBIA 'RI GE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER C
Site flan
C-1
, r
Site Plan
r
'ER/f.
C/O, SUNNI-
09/06/2016
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..............................
..........................................................................................................................................._...................................................................................................
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.... _._._.... ........................
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................................. ._.......................... ...........................................................................— -----.-----._.
................................ _.... ...
...... .._
PRELIMINARY PLAT OF
ENGLEWOOD PLACE
IN THE NE 1/4 OF THE NW 1/4, SEC 20, T-13 N, R-18 E,WM
RECEIVED
SEP 0;; 2016
CITY OF YAKIMA
PLANNING DIV.
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TYPICAL NTERIORROADWAY SECTION
LEGAL DESCWMN
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PAEI.BAIMARY PLAT m we
COLUMBIA RIDGE HOMES, L.L.C. mn
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER D
DST Review & Agency Comments
,i
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la
D-1 Comments from Glenn Denman, Building Official 09/12/2016
........... --- �.........._---_.----._---_......�...........................STRe
.._.......w._......................................._._.�...........
D-2 D
Request for Comments 09/20/2016
D-3 Comments from Dana Kallevig, Utility Project Manager 09/26/2016
D-4 Comments from Randy Meloy, Surface Water Engineer 09/27/2016
D-5 Comments from Mike Shane, Water/Irrigation Engineer 09/28/2016
.......
_.._
D-6 Comments from John Dickman, Yakima-Tieton Irrigation 10/20/2016
District
D-7 _ Additional Comments from Randy Meloy, Surface Water 10/24/2016
Engineer
.......................-.... ._. ._.
........
File Number: PLP#005-16 & SEPA#017-16
Note reo,dCreated By Ow,=
DST COMMENTS Ali stamwafter shall be tetained and infiltrated randy.melayeyak 10124116
w site using Lot 2,3 in the southeast corner of is"awaigov
the development. The calwtations shall o.
that Lot 23 is sufficient to handle the runoff from
the development as well as additional capacity
needed for the Yakima - 71eton 11trigation District.
®®C■
INDEX
ENGLEWOOD PLACE DEVELOPMENT October 20, 2016
The West four (4) feet of Development property is subject to a permanent easement for
the benefit of the UNITED STATES OF AMERICA ("United States" herein) and YAKIMA-
TIETON IRRIGATION DISTRICT, (YTID) an irrigation district organized under the laws of the
State of Washington. This easement is overlapped by an easement for a City sewer pipe. This
easement is 16 feet (?) wide and centered over the sewer line.
YTID and the City of Yakima operates and maintains water pipelines, sewer pipelines
and appurtenances thereto ("Facilities" herein) within the Easements
The construction, placement, or installation of buildings, structures, fences, landscaping
and any other improvements including additional fill material on the Easement would interfere
with the rights of the YTID and City of Yakima to reconstruct, operate and maintain the Facilities
and shall not be allowed.
YTID also operates and maintains a blow off and drain for the Irrigation Facilities within
the Easements, which has historically drained and flowed from the Irrigation Facilities over,
under and across the southerly portion of the Development property. The Development Long
Plat must show an 8 feet wide easement along the South property line of the development to
accommodate a pipeline to contain and direct the drain water. The developer must be willing to
accommodate and accept the drain water resulting from the normal operations and
maintenance of the Irrigation facilities from the blow off and drain in to the current or any future
drainage system for Development property.
YTID shall maintain the easement along the West line of the development free from
weeds and vegetation constituting a fire hazard and shall also erect and maintain a gate at the
northerly end of the easement at Englewood Avenue, consisting of posts and a chain between
the posts, to block access to the Easement to all but YTID, the City of Yakima and the
Developer and their successors and assigns, having a reason to enter such easements.
The easements shown on the face of the Plat shall run with Development property and
shall extend to and be binding upon the successors and assigns of the Property, and shall
benefit the successors and assigns of the YTID and The City of Yakima.
Respectfully Submitted By:
John Dickman
YTID Assistant Manager/ O&M Supervisor
DOC.
INDEX
THE PROPERTY DESCRIBED HEREON IS LOCATED WHOLLY OR IN PART WITHIN THE
BOUNDARIES OF THE YAKIMA-TIETON IRRIGATION DISTRICT I HEREBY CERTIFY THAT THE
IRRIGATION EASEMENTS AND RIGHTS -OF -WAN' SHOWN HEREON ARE ADEQUATE TO SERVE
ALL LOTS LOCATED WITHIN 'THIS SHORT PLAT WHICH ARE OTHERWISE ENTITLED "TO
IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT
[ ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY .ARE ADEQUATE
TO TRANSMIT IRRIGATION WATER THROUGH THIS SHORT PLAT TO OTHER ADJACENT LAND
ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RILES AND REGULATIONS OF
THE DISTRICT I FURTHER CERTIFY THAT
THIS SHORT PLAT CONTAINS COMPLETED IRRIGATION DISTRIBUTION FACILITIES IN
ACCORDANCE WITH THIS DISTRICT'S STANDARDS_
PROVISIONS ACCEPTABLE TO THIS DISTRICT HAVE BEEN MADE_ BY COVENANT
AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FACII.[TIES TO ALL LOTS:
SAID AGREEMENT IS FILED SUPPLEMENTAL TO THIS PLAT. OR
THE EXISTING SHARED IRRIGATION DISTRIBUTION FACILITY IS ADEQUATE TO NjEET
THIS REQUIREMENT.
LOT(S) IS/ARE. IN WHOLE OR IN PART. NOT CURRENTLY ENTITLED TO
IRRIGATION WATER RIGHTS UNDER THE OPERATING RULES .AND REGULATIONS OF
THE DISTRICT
YAKIMA-TIETON IRRIGATION DISTRICT
I ALSO CERTIFY "THAT ALL CHARGEABLE REGULAR .AND SPECIAL ASSESSMENTS
COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND OWING ON THE PROPERTY DESCRIBED
HEREON HAVE BEEN PAID.
BY
TREASURER YAKIMA-TIETON IRRIGATION DISTRICT DATE
DATE: September 28, 2016
TO: Jeff Peters, Supervising Planner
FROM: Mike Shane, Water / Irrigation Engineer
RE: PLP #005-16, SEPA#017-16 — Vicinity of N. 74th Ave. & Englewood Ave. –
Englewood Place – Columbia Ridge Homes LLC
Project Description – Proposed long plat that will subdivide approximately 8.98 acres into 35
single-family residential lots in the R-1 zoning district.
This project requires Title 12 improvements, including but not limited to the following:
8.67 and 12.05 – New curb, gutter and sidewalk required on N. 74" Ave., Englewood Ave. and
within the new development. Street section shall conform to standard detail R3. New sidewalks
shall be constructed per standard detail R5.
8.64 – Driveways to be constructed per this chapter and standard detail R4.
8.72 – An excavation and street break permit shall be obtained for all work within the public right
of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost
one hundred fifty percent of restoration fee with no PCI discount.
12.02 –Easements will need to be established per this chapter.
12.06.050 - Phased developments or temporary dead-end streets shall provide for adequate
temporary turnarounds between project phases or future street extension. The design shall provide
for continuation of the full right-of-way width to the property boundary.
12.06 – Street and right of way widths shall conform to this section unless otherwise approved. 50'
of right of way is required for the new residential streets. N. 74th Ave. and Englewood Ave. are
classified as Neighborhood Collector (MC3), requiring a total of 50' of right of way.
12.06.080 Street lighting – A street light shall be installed at each street intersection and at mid -
block if the block exceeds five hundred feet in length. Street lights shall meet the design and
placement standards of the city engineer. Lighting improvements shall become the property of the
City of Yakima upon installation and will thereafter be maintained by the city
All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering
plans for public improvements shall be approved prior to issuance of building permits.
Mike Shane - Water/Irrigation Engineer
(509)576-6480 Fax(509)575-6187
mike.shane@yakimawa.gov
®OC.
INDEX
i
City of Yakima Engineering
Memorandum
Date: September 27, 2016
To: Jeff Peters
Supervising Planner
From: Randy Meloy
Surface Water Engineer
Subject: PLP#005-16 SEPA#017-16
Columbia Ridge Homes LLC — Englewood Place
Jeff,
As this project involves clearing or grading one acre or more, a SWPPP Permit shall be
required from the applicant. The main submittals for a SWPPP Permit are:
o Drainage plan(s) and calculations
• Temporary Erosion and Sediment Control plan
s Stormwater maintenance agreement and plan
• Proof that the maintenance agreement was recorded in the Yakima County
Auditor's Office
• Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver (unless
exempt). A copy of the SWPPP or Erosivity Waiver Certificate Statement shall be
given to the Surface Water Engineer.
The applicant is advised to read Chapter 7.83 of the Yakima Municipal Code to obtain all
appropriate information concerning the Stormwater Site Plan and Chapter 7.82 for
information concerning the Stormwater Pollution Prevention Plan.
Grading and/or building permits shall not be issued without the project site first
passing an erosion control inspection.
Complete stormwater design plans, specifications and runoff/storage calculations
supporting the stormwater design are required pursuant to the Eastern Washington
Stormwater Manual and City of Yakima standards. These plans and control measures
must be completed by a licensed Professional Engineer and then be reviewed and
approved by the City of Yakima Surface Water Engineer prior to construction.
UIC Registration - Stormwater
In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the
Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication
Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after
February 3, 2006 are considered new and must be registered with the Department of
Ecology (DOE) prior to construction.
A Construction Stormwater General Permit may be required from the Washington State
Department of Ecology. The applicant should contact the Department of Ecology to
determine if this permit is required. Due to recent changes by the Department of Ecology
to the permit, Ecology will no longer accept paper copies of the "Notice of Intent for
Construction Activity". Applicants should refer the Ecology construction stormwater web
page at last a://www.a °.wa. gov/•o ,rains/w. /stoµmwater/construction/enoi.ltml..
Randy Meloy
Surface Water Engineer
City of Yakima
(509) 576-6606
DOC.
INDEX
,� l
W!UI@l"
CITY OF Y KI A PLANNING DIVISION
1111 lk%Vk
YOF: YAMMA ST COMMENTS
roll
Project Name: Columbia Ridge Homes LLC — "Englewood Place"
File Number: PLP#005-16 & SEPA#017-16
COMMENTSlote Type Now Code Text Cmaited By $"W Daft
DST on the west and south dan&ka1teviq;Qya 01912,6116
side of property W11 need to have access, for k1mawa.gov
maintenarice. Or, the existing mainfine rnay be
249-
6813 to discuss.
®®C.
INDEX
Im
City of Yakima Development Services Team
Request For Comments
September 20, 2016
To: City of Yakima Development Services Team
From: Jeff Peters, Supervising Planner
Subject: Request for Comments
Applicant: Columbia Rid2e Homes
File Number: PLP#005-16 & SEPA#017-16
Location: 7408 Englewood Ave.
Parcel Number(s): 181320-21400
DST MEETING DATE: 9/27/2016
Proposal
The City of Yakima Department of Community Development has received a Preliminary Long Plat and State
Environmental Policy Act (SEPA) Checklist application from Justin Hellum of Columbia Ridge Homes LLC
(applicant/property owner) to subdivide an 8.98 acre Single -Family Residential (R-1) zoned parcel of land, located
at 7408 Englewood Ave., into 35 single-family lots.
Please review the attached application and site plan and prepare any written comments you might have regarding
this proposal. This project will come up for discussion at the weekly DST meeting to be held ,p,1111t21!1n.0 2L2 L.
,201§jat 2:t As always, should you have comments, but find you are unable to attend, please submit your
comments prior to the meeting. My email address is jeff.peters@yakimawa.gov and the Planning Department's
fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me
at (509) 575-6163.
Comments:
Contact Person Department/Agency
DOC.
INDEX
F21NIMM
NoW Type Note Code 10* Created By B"In Date
DSTCOMMENTS Fire hydrants shallbeinstalled atmaximum 500 Gtenn.DenmanQ 09/12J16
foot inteivals and shaH provide adequate fire yakimawa.gov
Dow for the largest proposed structures. Fire
hydrants shall be Installed pdor to building
permit Issuance.
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER E
SEPA Checklist
i
E-1
.......................
SEPA Checklist
... .................... ........................ _........ _
09/06/2016
....
.............................
mi IV*X ENVIRONMENTAL CHECKLIST
'idSTATE ENVIRONMENTAL POLICY ACT (SEPA)
rAllf < t iwAKIMA(AS TAKEN FROM WAC 197-11-960)
YAKIMA MUNICIPAL CODE CHAPTER 6.88
Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.
This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will
address the probable significant inu pacts or if an environmental int acl statement will be . re . ared to further anal xe the 1)ro )osa, .
This environmental checklist asks you to describe some basic information about your proposal. Please answer each question
accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant
for some questions. NLtLu may use "not ap alicable" or "does not . , " QWwheat ��tt ei'tIT ex . �li�tlt-k—hy it docs 1101 awlstnd not
when the answer is onknaawn, You may also attach or incorporate by reference additional studies reports. Complete and accurate
answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process.
The checklist questions apply to all narts of your ,Lo oral, even if you plan to do them over a period of time or on different
parcels of land. Attach any additional information that will help you describe your proposal or its environmental effects. The
agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably
related to determining if there tutu be si niticant adverse int: act.
For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and
B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that
apply and note that the words "project", "applicant", and "property or site" should be read as "proposal," "proponent," and
"affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B — Environmental
Elements — that do not contribute m anin +fLit l to the anal sis of the L)ro ost'a.
1. Name Of Proposed Project (If Applicable): Englewood Place
..
- ....._...
2. Applicant's Name & Phone:
Justin Hellem, Columbia Ridge Homes, LLC, (509) 949-6557
m...... .................. . _ _................ _.. ..,....m ,_ .._ ._............ ....._
3. Applicant's Address:
404 S 51 st Avenue, Yakima, WA 98908
- — ---- — -- —
................. _ .--
4. Contact Person & Phone:
Justin Hellem (509) 949-6557
m
5. Agency Requesting Checklist: Cit of...........m.... __ y Yakima
6. Proposed Timing Or Schedule (Including Phasing If A ......_.. _
— ..
g, Applicable):
Fall 2017
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this
proposal? If yes, explain:
No
8. L' y environmental information you know that has been prepared, or will
List an a about
be prepared, directly
related to this proposal:
None
Revised 08/2015 Page 14
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CITY OF YAKIMA INDEX
9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting
the property covered by your proposal? If yes, explain:
No
10. List any government approvals or permits that will be needed for your proposal, if
)mown:
Long Plat Approval from the City of Yakima, Grading Permits, Construction Permits, Construction Storm Water Permit.
11. Give a brief, but complete description of your proposal, including t
.—_ proposed ...
p p , ' he uses and the size of the project
and site. There are several questions later in this checklist that ask you to describe certain aspects of your
proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include
additional specific information on project description.):
Long plat of 8.9815 acres into 35 single family residential lots.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of y
our
proposed project, including a street address, if any, and section, township, and range, if known. If a proposal
would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site
plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required
by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist:
7408 Englewood Avenue, Yakima, WA 98908.
Parcel # 181320-21400
Section 20 Township 13 Range 18,
Tract 3, Tieton Orchard Tracts, recorded in Vol. "B" of plats, Page 26; except for right of way
---------
Revised 08/2015
Page 15
RECEIVED
SEP 0 6 2016
CITY OF YAKIMA
PLANNING DIV.
1. Earth
a. General description of the site (✓ one):
❑ flat ❑ rolling ■ hilly 9 steep slopes ❑ mountainous ❑ other
b. What is the steepest slope on the site (approximate percent slope)?
58% for Short Distance on West Side, Will Be Graded to 2:1 Slope Max.
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
agricultural land of long-term commercial significance and whether the proposal results
in removing any of these soils.
Native Soil Appears to Be Cowiche Loam
Approx. 25,000cy of Undocumented Fill in NE Corner.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
No
e. Describe the purpose, type, total area, and approximate quantities and total affected area
of any filling, excavation, and grading proposed. Indicate source of rill.
40,000cy of grading for roads, building pads and 2:1 slopes Max. Site will balance or export..
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
No significant erosion possibility with execution of SWPPP and Best Management Practices
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
40%
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
A SWPPP will be created utilizing Best Management Practices
2. Air
a. What types of emissions to the air would result from the proposal during construction,
operation, and maintenance when the project is completed? If any, generally describe
and give approximate quantities if known.
No Significant Emissions.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
No
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
None
3. 'Water
a. Surface atsr
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CITY OF YAKINI,-,
PLANN,"'�'3 DIV
QVC.
INDEX
r
� l
a
1. Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into.
No
2. Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
No
3. Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be
affected. Indicate the source of fill material.
None
4. Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
No
5, Does the proposal lie within a 100 -year floodplain? If so, note location on the site
plan.
No
6. Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
No
1. Will groundwater be withdrawn from a well for drinking water or other purposes? If
so, give a general description of the well, proposed uses and approximate quantities
withdrawn from the well. Will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known.
No, serviced by Nob Hill Water Association.
2. Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example: Domestic sewage; industrial, containing the
following chemicals...; agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if applicable), or the
number of animals or humans the system(s) are expected to serve.
None, serviced by City of Yakima Sewer.
NIn 000 m
Revised 08/2015 RECEIVED Page
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SEP 0 00 2016
CITY OF YAKIMA
PLANIMUS DIV
f l
ff
1. Describe the source of runoff (including storm water) and method of collection and
disposal, if any (include quantities, if known). Where will this water flow? Will this
water flow into other waters? If so, describe.
Storm water will be managed onsite via an infiltration system
6
I/
2. Could waste materials enter ground or surface waters? If so, generally describe.
No
3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the
site? If so, describe.
No
d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage
pattern impacts, if any:
Storm water will be managed onsite via an infiltration system
a. Check (;) types of vegetation found on the site:
Deciduous Tree: ❑ Alder L1 Maple ❑ Aspen ■ Other
Evergreen Green: Fir El Cedar El Pine Other
❑ Shrubs IIM Grass ❑ Pasture Crop Or Grain ❑Orchards,
vineyards, or other
permanent
crops
Wet Soil Plants:Cattail Buttercup Bullrush Skunk Cabbage Other
Water Plants: Milfoil ❑ Eelgrass Water Lily Other
❑ Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
Sparse grass and a couple deciduous trees.
c. List threatened or endangered species known to be on or near the site.
None
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
Homes will receive sod and flower beds covered with rock or mulch
e. List all noxious weeds and invasive species known to be on or near the site.
None
a. List any birds or other animals which have been observed on or near the site or are
known to be on or near the site.
Examples include:
birds: hawk, heron, eagle, songbirds, other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other
Gophers
b. List any threatened or endangered species known to be on or near the site.
None
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SEP 0 0 2016
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PLANNING DIV.
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P�
c. Is the site part of a migration route? If so, explain.
No
d. Proposed measures to preserve or enhance wildlife, if any:.
None
e. List any invasive animal species known to be on or near the site.
None
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc.
Electric and Natural Gas for Heating, Cooking and Lighting
b. Would your project affect the potential use of solar energy by adjacent properties? If so,
generally describe.
No
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
None
w
twin 1
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this
proposal? If so, describe.
No
1. Describe any known or possible contamination at the site from present or past uses.
None known
2. Describe existing hazardous chemicals/conditions that might affect project
development and design. This includes underground hazardous liquid and gas
transmission pipelines located within the project area and in the vicinity.
None known
3. Describe any toxic or hazardous chemicals that might be stored, used, or produced
during the project's development or construction, or at any time during the
operating life of the project.
None
4. Describe special emergency services that might be required.
None
5. Proposed measures to reduce or control environmental health hazards, if any:
None
1"). No1w
1. What types of noise exist in the area, which may affect your project (for example:
traffic, equipment, operation, other)?
Common street traffic
RECEIVED
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CITY OF YAKIMA
PLANNING DIV.
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P�
SEP 0 0 2016
CITY OF YAKIMA
PLAN II DIV
DOC.
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,
JI
2. What types and levels of noise would be created by or associated with the project on
a short-term or a long-term basis (for example: traffic, construction, operation,
other)? Indicate what hours noise would come from the site.
Short Term: Typical construction noise from 7am-5pm, may include on-site crushing or
soil screening. Long Term: Common house hold noise.
3. Proposed measures to reduce or control noise impacts, if any:
None
a.
What is the current use of the site and adjacent properties? Will the proposal affect
current land uses on nearby or adjacent properties? If so, describe.
Residential
b.
Has the project site been used as working farmlands or working forest lands? If so,
describe. How much agricultural or forest land of long-term commercial significance will
be converted to other uses as a result of the proposal, if any? If resource lands have not
been designated, how many acres in farmland or forest land tax status will be converted
to nonfarm or nonforest use?
Will not convert agricultural or forest land
1. Will the proposal affect or be affected by surrounding working farm or forest land
normal business operations, such as oversize equipment access, the application of
pesticides, tilling, and harvesting? If so, how:
No, residential area.
c. Describe any structures on the site,
None
d. Will any structures be demolished? If so, what?
No
e.
What is the current zoning classification of the site?
R-1
f.
What is the current comprehensive plan designation of the site?
Urban Growth Area, Yakima
g.
If applicable, what is the current shoreline master program designation of the site?
N/A
h.
Has any part of the site been classified as a critical area by the city or county? If so,
specify.
No
i.
Approximately how many people would reside or work in the completed project?
100
j.
Approximately how many people would the completed project displace?
None
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SEP 0 0 2016
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PLAN II DIV
DOC.
II DEX
SEP OG 2016 INDEX
CITY OF YAKIMA #
PLANNING DIV.
{ n
k. Proposed measures to avoid or reduce displacement impacts, if any.
None
...........
1. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any:
None
m. Proposed measures to ensure the proposal is compatible with nearby agricultural and
forest lands of long-term commercial significance, if any:
None
9A 11"Ousing,
a. Approximately how many units would be provided, if any? Indicate whether high,
middle, or low-income housing.
35 middle income housing units
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
None
c. Proposed measures to reduce or control housing impacts, if any:
None
10, Akst W ,
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed?
30 feet high, Cement Board Lap Siding
b. What views in the immediate vicinity would be altered or obstructed?
None
c. Proposed measures to reduce or control aesthetic impacts, if any:
None
a. What type of light or glare will the proposal produce?What time of day would it mainly
occur?
Street lights and garage lights at night
b. Could light or glare from the finished project be a safety hazard or interfere with views?
No
c. What existing off-site sources of light or glare may affect your proposal?
None
d. Proposed measures to reduce or control light and glare impacts, if any:
None
I
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SEP OG 2016 INDEX
CITY OF YAKIMA #
PLANNING DIV.
a. What designated and informal recreational opportunities are in the immediate vicinity?
1.6 Miles to Gilbert Park
b. Would the proposed project displace any existing recreational uses? If so, describe.
No
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
None
13. Historic an
a. Are there any buildings, structures, or sites, located on or near the site that are over 45
years old listed in or eligible for listing in national, state, or local preservation registers
located on or near the site? If so, specifically describe.
No
b. Are there any landmarks, features, or other evidence of Indian or historic use or
occupation? This may include human burials or old cemeteries. Are there any material
evidence, artifacts, or areas of cultural importance on or near the site? Please list any
professional studies conducted at the site to identify such resources.
No
c. Proposed measures to avoid, minimize, or compensate for loss, changes to, and
disturbance to resources. Please include plans for the above and any permits that may be
required.
None
1,44' rate � In
a. Identify public streets and highways serving the site or affected geographic area and
describe proposed access to the existing street system. Show on site plans, if any.
W Glacier Way will connect to N 74th Avenue
b. Is the site or affected geographic area currently served by public transit? If so, generally
describe. If not, what is the approximate distance to the nearest transit stop?
Nearest transit stop is less than 1 mile at 80th and Summitview
c. How many parking spaces would the completed project or non -project proposal have?
How many would the project or proposal eliminate?
Adds 90 eliminates 0
d. Will the proposal require any new or improvements to existing roads, streets, pedestrian
bicycle or state transportation facilities, not including driveways? If so, generally
describe (indicate whether public or private).
New public road will be provided, see preliminary plat map.
e. Will the projector proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
No
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CITY OF YAKIMA
PLANNING DIV.
f. How many vehicular trips per day would be generated by the completed project or
proposal? If known, indicate when peak volumes would occur and what percentage of the
volume would be trucks (such as commercial and non -passenger vehicles). What data or
transportation models were used to make these estimates?
90 Trips, peaking at 7:30 am and 5:30 pm
g. Will the proposal interfere with, affect or be affected by the movement of agricultural
and forest products on roads or streets in the area? If so, generally describe:
No
h. Proposed measures to reduce or control transportation impacts, if any:
None
a, Would the project result in an increased need for public services (for example: fire
protection, police protection, public transit, health care, schools, other)? If so, generally
describe:
No
b. Proposed measures to reduce or control direct impacts on public services, if any..
None
'1,6.` Utilities -
ctu tlricit,y attsi•alaterlitse :;erviceeleplittueini'd'ar+;e;we;" eptie system,
a. C iEer—
tit
b.Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity which
might be needed.
Electricity, Natural Gas, Water, Sanitary Sewer, Telephone, Cable, Irrigation Water
0 go IN
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to
make its decision.
P operty Owner or Agent Signature Date Submitted
Justin Hellem Managing Member / Columbia Ridge Homes, LLC
Name of Signee Position and Agency/Organization
Revised 08/2015 113
SEP 0 0 2016 INDEX
CITY OF YAKIMA
PLANNING DIV-
COLUMBIA RIDGE DOMES LLC - "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER F
Applications
is o11,-�
,
F-1 Land Use Application for Preliminary Long Plat 09/06/2016
....... ......................... _ __ ...._....... .........
F-2 Transportation Capacity Analysis Application 10/21/2016
J. ................
..... ......___ ... ... ....._.�_._
....�.............................................................. __.
'.............. .......... .. ._.... .... _._._ ....................
N UX
City of Yakima, Washington f.CD _`(,
TRANSPORTATION CAPACITY ANALYSIS
The Washington State Growth Management Act (RCW 36.70A.70) requires all new development to be
consistent with the existing or planned street system capacities. The City of Yakima adopted YMC Ch. 12.08
to implement this local requirement. The information you provide with this application will be used to estimate
the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets.
APPLICATION INFORMATION
FEE: $250 (Receipt # � l ) -fl
Applicant Name: K� (fid J .. 016 n&,e C ... �,,
pp �tI,�� I Project Address:,,,,,,,.'7
Contact Person f�C .�.�
Mailing Address: e- m m
A.. _ t ; Parcel No(s):
RESIDENTIAL COMMERCIAL INDUSTRIAL
Housing Type` mm5 i..
(Single -Family, Apartments, etc)
Special Population* _
(Nursing Homes, etc) ......�..._.- _
Other*
(Group Home, Daycare, Church, etc)
Number of Units
*Uses must match up with MC Ch. 15.04, Table 4-1
Describe Use*
Gross Floor Area
Parking Spaces
(Required/Provided)
Number of Employees
Project Description... ..`... p7,
Describe Use*
Gross Floor Area
Parking Spaces...._,,,,,
(Required/Provided)
Number of Employees
Submit this form with a site plan, the application fee, and any attachments to the City of Yakima, Permit Center,
Yakima City Hall, 129 N. 2nd Street, Yakima, WA 98901. You will receive a Notice of Decision explaining the
Findings of the resulting analysis. Please review the Decision when it is sent to you, as you only have 14 days to file
a Request for Reconsideration or an Appeal.
Questions? Contact the City of Yakima, Planning Division, 129 N. 2nd Street, Yakima, WA 98902
Revised 08/2015
S C E [V E
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Page 12
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LAND USE APPLICATION SEP 013 2013
Am %Vk CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF YAKIM
CII AYAKIMA129 NORTH SECOND STREET, 2ND FLOOR, YAKINIA, WA 989191 PLANWI l DIV.
l n n VOICE: (509) 575-6183 FAX: (509) 575-6105
INSTRUCTIONS- PLEASE READ FIRST Please Me or Rrint our answers clearly,
Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember
to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an
application unless it is complete and the filing fee paid. Filing fees are not refundable.
This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page.
PART II and III contain additional informations ecific to your Rr2gosal and MUST be attached to this Eage to com Tete thea lication.
PART I - GENERAL INFORMATION
Name: JUSTIN HELLUM for COLUMBIA RIDGE HOMES
Mailing Address:
... ......... - -
1. Applicant's s: 404 SOo 51 ST AVENUE
Information: �............�. ..O
-------
City: YAKIMA . 9.. .6.. 557
—.........
E -Mail:
_2 Applicant's _.._
Interest in Pro ert Check One Owner Agent p ❑ Purchaser ❑ Other
------- T. Y .......... ......... I q __ . ---- ...
❑..
Name:
3. Property Owner's Mailing Address
Information If other
than Applicant): City St: Zap;Phon
e.( )
E -Mail:
........ _... ........... ----- --- ...... - ----- ................ ....... ...........
4. Subject Property's Assessor's Parcel Number(s): 181320-21400
5. Legal Description of Property. (if lengthy, please attach it on a separate document)
Tract 3, Tieton Orchard Tracts, recorded in Vol. "B" of plats, Page 26; except for right of way
--- ...... - -..__. ......---------- -------------- -- ---- -- ..------
6. Property Address: 7406 ENGLEWOOD AVENUE
. ........ ............. ... ---------- ------------------------- -....----
7. Property's Existing Zoning:
❑ SR IN R-1 ❑ R-2 E]R-3 E]B-1 ElB-2 El 13 El SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2
------ .. -_...
8. Type Of Application: (Check All That Apply)
❑ Administrative Adjustment ❑ Environmental Checklist (SEPA Review) ❑ Easement Release
❑ Type (1) Review ❑ Right -of -Way Vacation ❑ Rezone
❑ Type (2) Review ❑ Transportation Concurrency ❑ Shoreline
❑ Type (3) Review ❑ Non -Conforming Use/Structure ❑ Critical Areas Review
❑ Preliminary Short Plat ❑ Appeal to HE / City Council ❑ Variance
❑ Final Short Plat ❑ Interpretation by Hearing Examiner ❑ Temporary Use Permit
❑ Short Plat Amendment ❑ Modification ❑ Overlay District
Preliminary Long Plat ❑ Home Occupation ❑ Binding Site Plan
❑ Final Long Plat ❑ Comprehensive Plan Text or Map Amendment ❑ Planned Development
❑ Plat Alteration -Long Plat ❑ Short Plat Exemption: m M111e1 ................- _ .................._� ElOther:. _,,
PART II - SUPPLEMENTAL APPLICATION & PART III - REMEED ATTACHMENTS
9. SEE ATTACHED SHEETS
PART IV - CERTIFICATION
.. � ''" �._........ � � ....... of my knowledge.
n at non this a lication and the required attachments t rc ruc t
l0 I certify fl t ¢alort pp q sand correct to the best
-
I� operty Owners Signature Date
Applicant's Signature....................................................................__................._
Date
FILE/APPLICATION(S)# ai
d'
L; n
Revised 08/2015 DOC Page 13
INDEX
#
Supplemental A pp ication For:
^ h
PRE!TINA Y LONG PLAT"
CITY OF YAKIMA, SUBDIVISION ORDINANCE, TITLE 14
anning
PART II - APPLICATION INFORMATION
1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property.
JUSTIN HELLUM for COLUMBIA RIDGE HOMES, L.L.C.
2. SURVEYOR AND/OR CONTACT PERSONWITHTHEIR CONTACT INFORMATION:
RICK WEHR, PLSA ENGINEERING & SURVEYING, 521 NO. 20TH AVE., SUITE 3, YAKIMA, WA. 98908
PH: 5756990; EMAIL rwehr@plsaofyakima.com
W..... ........... ..
3. NAME OF SUBDIVISION: ENGLEWOOD PLACE
4. NUMBER OF LOTS AND THE RANGE OF LOT SIZES: 35 LOTS - 8,804 S®. FT. PER LOT
.__._.._.
5. SITE FEATURES:
A. General Description: ❑ Flat ❑ Gentle Slopes S Steepened Slopes
B. Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? KI ONE.
C. Is the property in a 100 -Year Floodplain or other critical area as mapped by any local, state, or national maps or as
defined by the Washington State Growth Mana Lament Act or the Yakima Municaigal Code? NO
6. UTILITY AND SERVICES: (Check all that are available)
NOB HILL YAKIMA-TIETON
00 Electricity N Telephone IM Natural Gas N Sewer N Cable TV 0 Water Irrigation._
_.... -__._._.—............ ..
7. OTHER INFORMATION:
A. Distance to Closest Fire Hydrant: 100 FEET
B. Distance to Nearest School (and name of school): 1.2 MILES TO SUMMITVIEW ELEMENTARY SCHOOL
C. Distance to Nearest Park (and name of park): 1.6 MILES TO GILBERT PARK
D. Method of Handling Stormwater Drainage: STORM WATER WILL BE HANDLED ON SITE
E. Type of Potential Uses: (check all that apply)
Single -Family Dwellings ❑ Two -Family Dwellings ❑ Multi -Family Dwellings ❑ Commercial ❑ Industrial
PART III R'Ii UIED ATTACHMENTS
8. PRELIMINARY PLAT REQUIRED (Please use the attached City of Yakima Preliminary Plat Checklist)
9. TRAFFIC ..__ ..................
C CONCURRENCY: (if required, see YMC Ch. 12.08, Traffic Capacity Test)
_......_...... ................ ................_
10. ENVIRONMENTAL CHECKLIST (required):
I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. I understand that
conditions of approval such as dedication of right-of-way, easements, restrictions on the type of buildings that may be
constructed, and access restrictions from public roads may be imposed as a part of preliminary plat approval and that
failure to meet these conditions may result in denial of the final plat.
r operty Owner Signature (required) Date
_.. .�..� _ ......._ _. ._._.. m
Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St.,
Yakima, WA or 509-575-6183
RECEIVED
Revised 08/2015
SEP 0 u 2016
CITY OF YAKIMA
PLANNING DIV.
Page DOC.
SITE PLAN INSTRUCTIONS
In Order For Application To Be Determined Complete, A Site Plan Must Be Completed And Submitted.
A Detailed Site Plan Is Required: On August 6, 1996, the City Council passed a resolution (No. R-96-91) adopting a requirement that all
site plans submitted with any City of Yakima building permit application, land use application, and environmental application must contain
the following information listed below and be acceptable by the appropriate division manager. All information that is applicable to your
proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and
scaled site plan with all the required information. The decision on whether or not to grant approval of your development proposal is largely
based on the information you provide. An application cannot be processed until an adequate site plan is submitted.
Note: You may benefit from the aid of a professional in the preparation of a site plan.
1) Use Ink: Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for
adequate duplication. Computer drafted site plans are acceptable.
2) Size of Paper: The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less
than 8.5" X 11" for Type (1) Review and 11" X 17" for Type (2) and Type (3) Reviews.
3) Use A Straight Edge: All lines must be straight and done with the aid of a ruler or other straight edge. Use a compass when
delineating circular drawings such as cul-de-sacs.
4) Drawn to Scale: All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall
best fit the paper. The recommended scale shall be: 1 "=20'. For example, if the distance from a structure to a property line is 20 feet,
then the distance on the site plan will be 1 inch.
5) Use Site Plan Checklist: Use the site plan checklist and provide all applicable information on the site plan.
6) Fill In Information On The Site Plan Template Available At The City Of Yakima Or Attach The Information Below To Your
Site Plan: Complete all information requested on the bottom of the site plan template. If you use a different medium, provide the
requested information on the alternative paper.
DETAILED SITE PLAN CHECKLIST
Please complete this checklist and include it with your site plan. The site plan must contain all pertinent information. Items not applicable to
the proposed project shall be noted.
Chec
Note: Planning Division or Reviewing Official may require additional information to clarify the proposal, assess its impacts, or determine
compliance with the Yakima Municipal Code and other laws and regulation ECE VE®
Revised 08/2015 SEP 0 0 2016 Page 115 ®OC.
CITY OF YAKIMA INDEXPLANq
IN �
OiJ
COMMUNITY DEVELOPMENT DEPARTMENT
'''w Planning Division Receipt Number: CR -16-002525
o111�1N1�1N
129 N 2nd St. (2nd floor)
Yakima, WA 98901
(509) 575-6183 / www.buildingyakima.com /
Transaction Summary
001 8952217 001.8952217 $265.
0018954503 001.8954503 $1,080.
$1,345.
Printed 09/06/2016 15:31:00 by Julia Cruz
DOC.
I Page 1 of 1
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Transaction Summary
001 8952217 001.8952217 $265.
0018954503 001.8954503 $1,080.
$1,345.
Printed 09/06/2016 15:31:00 by Julia Cruz
DOC.
I Page 1 of 1
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER.. G
Public Comments
fl,,, r � /rrri.. � /„ , ..r � ,,, / „✓ / .. i..,,<, -.//i � � / is/r / ..//. /d
G-1 Email Comments from Linda Layfield 09/30/2016
_. ._._._._..... .....
.....__ _._..
G-2 Comment Letter from Gwen Clear, Dept. of Ecology 10/07/2016
G-3 Email Comments from Carolyn Caverson 10/12/2016
................... .
............................
Maxe , Lisa
From: Carolyn Caverson <carolyncaverson@yahoo.com>
Sent: Wednesday, October 12, 2016 8:17 AM
To: Ask Planning
Subject: PLP#005-16 Englewood Place -- Columbia Ridge Homes LLC
FILE PLP#005-16
Hello,
My concerns are regarding air quality and not being able to tolerate
the additional chemicals with the building and residing of new homes.
I have severe multiple chemical sensitivities. and am aware of air quality.
This corner of Englewood
and 74th is a low spot. The surrounding land is higher on every side.
I live downwind from the proposed houses. I would suffer the added air pollution
of vehicles, barbeques, herbicides, pesticides, smoke and the extremely toxic laundry products.
During the winter inversions, this area is highly toxic for weeks on
end. We are in a valley here with higher elevations all around and
the fumes of every kind get stuck in here with no relief. I am not
just talking about Yakima Valley but this particular corner of
Englewood and 74th.
As this neighborhood gets more congested, the difficulty of chemical air increases.
35 more homes would likely make it impossible for me to have an ability to live
in my own home. While it is true that I am particularly affected by this, no
one is immune. The homes you are planning to build would be affected most
of all during winter months because they are in the lowest area.
I know you are driven by money, but I am concerned about the quality
of health for people living in this corner of Yakima as well as the people
who would be moving into such pollution without knowing.
Thank you for your consideration.
Carolyn Caverson
7504 Glacier Way
Yakima Washington 98908
DOC.
INDEX
R
OCT 0 7 2016
ECEIVED
MY OF'YAKIMA
E I MF VV,A
0 m,..:FN'V it e
October 6, 2016
Jeff Peters
Community Development
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Re: PLP 005-16, SEPA 017-16
Dear Mr. Peters:
Thank you for the opportunity to comment during the optional determination of nonsignificance
process for the subdivision of 8.98 acres into 35 lots, proposed by Columbia Ridge Homes, LLC.
We have reviewed the documents and have the following comments.
TOXICS CLEAN-UP
Based upon the historical agricultural use of this land, there is a possibility the soil contains
residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed
for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at
concentrations above the Model Toxics Control Act cleanup levels Ecology recommends that
potential buyers be notified of their occurrence.
If you have any questions or would like to respond to these Toxics Clean-up comments, please
contact Valerie Bound at (509) 454-7886 or email at vaicrie.bound(d)ecy:y a gc yr8.
Sincerely,
Gwen Clear
Environmental Review Coordinator
Central Regional Office
(509) 575-2012
croseyacoorditiatot kc"
5868
INDEXDI 011C.
Maxe , Lisa
From: Linda Layfield <linda.layfield@gmail.com>
Sent: Friday, September 30, 2016 1:28 PM
To: Ask Planning
Subject: PLP #005-16
We live at 406 N 77th Ave. I would like to ask what the developers plan to do with the current inhabitants of the
plot they plan to develop. There are hundreds of moles/gophers or other critters that live there. Where will they
go when the developer builds there. I do NOT want them to come to my yard! But I also do NOT want them to
be exterminated. Will they be captured and relocated???
I truly would like a reply to this question.
Thanks
Linda Layfield
®®C.
INDEX
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXHIBIT LIST
CHAPTER
Notices
only, 15
g2q�
H-1
Determination of Application Completeness
09/19/2016
H-2
Notice of Application, Environmental Review, & YPC Public
09/22/2016
Hearing
H -2a: Legal Notice
H -2b: Postcard Notice
H -2c: Press Release and Distribution E- mail
H -2d: Parties and Agencies Notified
H -2e: Affidavit of Mailing_
H-3
Land Use Action Installation Certificate
09/23/2016
H-4
.... ....._ __ .. ...
Notice of Determination of Non -Significance
10/13/2016
H -4a: Parties and Agencies Notified
H -4b: Affidavit of Mailing
H-5
Notice of Decision for Transportation Concurrency Analysis
10/27/2016
H-6
YPC Agenda and Packet Distribution List
11/02/2016
H-7
YPC Agenda
...............................
............ ......
.... .................. ..
11/09/2016
DEI RTMENT OF UTILITIES A. ) ENGINEERING
Engineering Division
129 North Second Street
Yakima, Washington 98901
(509) 575-6111 1 Fax (509) 576-6305
October 27, 2016
Columbia Ridge Homes, LLC
Attn: Justin Hellem
404 S. 51St Avenue
Yakima, WA 98908
Subject: Notice of Decision for Transportation Concurrency
35 Single Family Detached Homes
Dear Applicant,
Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed
development of 35 Single Family Detached Homes at 7408 Englewood Avenue, within
the City of Yakima, Washington. This development has been APPROVED for
Concurrency Analysis. Concurrency review determined that reserve capacity is
available on all impacted arterial streets. Concurrency review does not evaluate impact
to local access streets or street intersections. This review does not include safety or site
design issues which will be addressed at the project review level of zoning and SEPA.
This review concluded that the proposed development will not exceed the capacity of
the arterial street system and reserve capacity exists on all impacted arterial streets.
Please review the enclosed report. You may appeal the Findings of this report or request
Administrative Reconsideration within fifteen (15) days from the date of mailing of this
Notice. Appeal forms and procedures are available at the Department of Community
and Economic Development. If you have any questions, please call me at (509) 576-
6797.
Sincerely,
Brett H. Sheffield, PE
Chief Engineer
Enclosure
cc: Rosalinda Ibarra
DOC.
y ECEIVED
OCT 2 7 2016
CITY OF YAKIMA
INL'
r PLWWi v'.0 DIl�
City of Yakima, Washington
Engineering Division
Transportation Concurrency Analysis
Date of Review: October 27, 2016
Review Prepared by: Brett H. Sheffield, Chief Engineer, (509) 576-6797
Proposed Development: 35 Single Family Detached Homes
Subject Address: 7408 Englewood Avenue
ITE Land Use: 210 — Single Family Detached Homes
Expected Net PM Peak Hour Trip Generation: 35 PM Peak Hour Trips
Average Weekday Trips = 333
Summary of Impact:
The applicant, Columbia Ridge Homes, LLC, proposes to construct 35 single family detached homes
at 7408 Englewood Avenue, within the city of Yakima, Washington. Traffic from this new
development will enter the Arterial Street system on Englewood Avenue. City of Yakima
Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street
for the selected land use category. Based upon local data, City of Yakima Traffic Volumes for PM
Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity
includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima
Transportation Concurrency assesses arterial street segment capacity only and does not address
intersection capacity.
Summary of Impact towCity off Yakima Arterial Streets:
This application has been reviewed and approved for consistency with YMC 12.08 Transportation
Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of
the City Arterial street system and reserve capacity exists on all impacted streets. This review does
not include any site development or safety issues which may be discussed at the project level or SEPA
review. The review does not address intersection level of service.
RECEIVED
OCT 2 7 2016
Transportation Capacity Analysis DOC. CITY OF YAKIMA
Page I of l I NEDEX 13LANN'Nd' DIV
New
2006-2014
Segment
Seg
PIVI
Peak
Peak Hr
Resulting
Total
Dev. PM
Con-
LOS
Street Segment
Pk Hr
Hr
Reserve
Pm Pk Hr
V/C
#
ADT
Vol.
Cap.
Cap.
Pk Hr
currency
Capacity
(V/C
Impact
Trips
Ratio)
78
56th Ave: Englewood to Lincoln
4.570
398
1,600
1,202
1 5
0
1,197
1 0.25
A
107
Englewood: 66th Ave to 56th Ave
2,375
207
1,600
1,393
20
25
1.348
0.16
A
108
Englewood: 56th Ave to 48th Ave
6,075
529
1,600
1,071
15
20
1.036
0.35
A
226
Englewood: 66th Ave to 80th Ave
1.840
160
1.600
1,440
35
31
1,374
0.14
A
Summary of Impact towCity off Yakima Arterial Streets:
This application has been reviewed and approved for consistency with YMC 12.08 Transportation
Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of
the City Arterial street system and reserve capacity exists on all impacted streets. This review does
not include any site development or safety issues which may be discussed at the project level or SEPA
review. The review does not address intersection level of service.
RECEIVED
OCT 2 7 2016
Transportation Capacity Analysis DOC. CITY OF YAKIMA
Page I of l I NEDEX 13LANN'Nd' DIV
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: PLP#005-16 & SEPA#017-16
Columbia.. Ridge Homes LLC - "Englewood Place"'
7408 Englewood Ave
I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have
dispatched through the United States Mails, a Notice of DNS. A true and correct
copy of which is enclosed herewith; that said notice was addressed to the
applicant and all parties of record, that are individually listed on the mailing list
retained by the Planning Division, and that said notices were mailed by me on
this 13th day of October, 2016.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Lisa Maxey
Department Assistant II
DOC.
INDEIX
18132022494 18132021420
DANNY & JULIE DAVIS FAMILY TRUST MARK A SNYDER CREDIT TRUST
410 N 77TH AVE 410 SNOWMASS LN
YAKIMA, WA 98908 YAKIMA, WA 98908
18132021421
1813 2021490�
18131743477
MARK A SNYDER C'REWT-mT L1ST
MAR 'A NYDER C WIT"i RUST
PALAZZO PROPERTIES LTD
410 SNOWM ASS LN
410 SNOJ N
1819 S 4TH AVE
Y, K1MA, WA*98 08,,,,
.YAK1MX WA 9890
YAKIMA, WA 98902
------------- ..... ...............
181 31743478
....N
18132022511
18132022487
PALAZZO-PRORTI .SI
SEVERSONLAYFIELD FAMILY HOLDING
WOODCOCK HOLDING LLC
1819 S STH AV �mm _
TRUST
2809 S 79TH AVE
-YAK-IM-A, WA 98902
406 N 77TH AVE
YAKIMA, WA 98903
YAKIMA, WA 98908
.......................
18131743476
_...___..____......_.............
18132022514
......__
18132022503
ALEX W & BRENDA ROBERTSON
ANDRE L & STEPHANIE JACQUARD
ANITA J ERICKSON
7308 ENGLEWOOD HILL PL
405 N 80TH AVE
513 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
�..._ ..... ....._...
18132022509
..... ..... .............. .......
18132021464
_.................. .........
18132021470
AUGUST M & DANA M MERCURIO JR
BARBARA A INKS
BRIAN R & KELLY D MC ILRATH
402 N 77TH AVE
PO BOX 11428
405 N 75TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98909
YAKIMA, WA 98908
18131743441
18132022513
18132022512
BRUCE & DONNA PLEAKE
CARL & ASHLEY BARRETT
CARL D WHITNEY
601 N 74TH AVE
407 N 77TH AVE
408 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021461
18132021458
18132021462
CAROLYN KAY CAVERSON
CARRIE BROWN
CARY W & JAMIE L STEINER
7504 GLACIER WAY
406 N 75TH AVE
7506 GLACIER WAY
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
... .......... ........
18132021483
__.____ ......
18132021487
.................................... ........
18132022492
CASEY M & SHANDA M MARTINEZ
CHERYL MESSICK
CHRISTINE M MILLS
7507 RICHEY RD
404 N 74TH AVE
500 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
.................
18132021485
_ _ _...................
18132021457
. ........... -.-................ .__
18132022510
CORY D & EMILY R LINSTAD
CURTIS E & NORI L MOORE
DAN & VALDINE HAISCH
7503 RICHELY RD
400 N 75TH AVE
4919 PARKER RD E
YAKIMA, WA 98903
YAKIMA, WA 98908
SUMNER, WA 98390
....................
18132021460
...........................................
18132022538
18131733427
DANIEL & KELLY L BROWN
DARIN & DAWNE HYDE
DAVE S & CRYSTAL ATTEBERRY
7502 GLACIER WAY
7605 RICHEY RD
7604 GRAYSTONE CT
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908-
c.
_..........
18132021488
18132021467
18132021424
DAVID R & THERESA L WAGNER
DEBBIE L VAN CAMPEN
DONALD W & NANCY E KETZENBERG
406 N 74TH AVE
411 N 75TH AVE
7314 ENGLEWOOD AVE
YAKIMA, WA 98908
YAKIMA, WA 98901
YAKIMA, WA 98908
........... ...... ......... ..0
18132022486
.._ _ .
18131733412
............. ....
181.734418
EDWARD L & ALBA L LEVESQUE
FRANK C & TINA R TORRES
GARY '1 ANDD
7704 DOUGLAS DR
7705 ENGLEWOOD AVE
7511 G1 1JE
YAKIMA, WA 98908
YAKIMA, WA 98908
KIMA, WA 98908
18131734421
18132021425
18132022501
GARY E & MARCIA A LOFLAND
GARY W & SHEILA D MODINE
GLENN M & DIANA GAREHIME
7511 ENGLEWOOD AVE
7604 RICHEY RD
509 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
........... ....... _'...
18132022504
...... ..... ........... ....... �.
18132022500
18132021423
GUY S & SHERYL L CUMMINGS
ISAIAH W KIZZIAR
JAMES & GLENDA MORRISON
515 N 77TH AVE
2336 COOK RD
7318 ENGLEWOOD AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
..........................................._......
18131733426
18132022495
__...................
18132022489
JAMES D & KRISTIN C WILLIAMS
JASON & PAMELA LIVINGSTON
JENA EVANS
7600 GRAYSTONE CT
7602 JACKSON CT
508 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
....._..
_ ._ ................................................................
18132021403 ..
..
18132021472
JENNYOSNYDER
JENNY SNYDER�"
JEREMY W GILLESPIE
410 SNOWMASS LN
410 ShMA'" .
�
401 N 75TH AVE
YAKIMA, WA 98908
.1AKTMA, W 98,908
YAKIMA, WA 98908
A�
18132021481
18132022491
18132022498
JERRY L JR & SALLY R POTTS
JESUS JR & SILVIA B ROJAS
JOHN J MC MCLURE JR
7603 RICHEY RD
502 N 77TH AVE
7603 JACKSON CT
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
................_...............__....
18132022502
18132021419
18131743442
JOHN MICHAEL HERNANDEZ
JOSE & LORI GARZA
JULIANA YOUNG MAY
511 N 77TH AVE
7310 ENGLEWOOD AVE
5808A SUMMITVIEW AVE # 252
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021468
18132021463
18132022499
JULLI CHEN SEN RONG
KATHLEEN M WILSON
KELLI P LA RIVIERE
409 N 75TH AVE
7507 GLACIER WAY
7605 JACKSON COURT
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
. ................
18132021471
..... ........... ......
18132022461
....
18132022490
KEVIN M & NIKKOL M GLOVER
LARRY & BONNIE OSBURN
LEWIS P & MARILYN BOND
403 N 75TH AVE
7701 DOUGLAS DR
506 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908®®('
18132021466 18132022515 18132022537
MARK & SUZANNE LAPSLEY MARK A & NICOLE NEUMANN MARK L SEWARD
7501 GLACIER WAY 129 BREMERTON AVE SE 400 N 77TH AVE
YAKIMA, WA 98908 RENTON, WA 98059 YAKIMA, WA 98908
�......
18131734409
MARTHA A SALAZAR FLORES
PO BOX 11432
YAKIMA, WA 98909
18131743443
MICHAEL C & SEANA M MOORE
5808A SUMMITVIEW AVE # 170
YAKIMA, WA 98908
.._ ............................. ................._....................._ .............
18131734422
MELANIE L POWERSZIEGLER
PO BOX 8073
YAKIMA, WA 98908
18132021484
MOLLY K DAWSON
7505 RICHEY RD
YAKIMA, WA 98908
.... .. ....... ..............
18132022462
MICHAEL A& ESTHER L SEIDL
7703 DOUGLAS DR
YAKIMA, WA 98908
18132021427
PETER & JULIANE NAUMANN
505 N 74TH AVE
YAKIMA, WA 98908
18132022507
18132021429
18132022496
RAELYNN GRAHAM
RAYMOND & ROBIN C APPLING
RICHARD & VANESSA GIMLIN
7602 GLACIER WAY
421 N 74TH AVE
PO BOX 25
YAKIMA, WA 98908
YAKIMA, WA 98908
MOXEE, WA 98936
.............
18132022497
...... ........ ......_........_.... ........... ..........
18132021459
...... _........................ .......
18132021486
RICHARD G PETERS
RICHARD L & MARILYN ROBILLARD
RICHARD S & CYNTHIA GRAZIANO
7601 JACKSON COURT
7500 GLACIER WAY
402 N 74TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
..........
18132021465
18132021428
.................
18131734410
ROBERT B & SANNA J ROYAL
RONALD & KATHY SCHUMACHER
RONALD S & KARLENE EDWARDS
7503 GLACIER WAY
5 S 44TH AVE
7409 ENGLEWOOD AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18131734408
18131734407
.__ .... _..... .... ....
18132022508
'RONALD D S & KARLENE EDWARDS
RONALD S & KARLENE EDWARDS
RYAN L KITE
7409 GE.,- G AVE
7409 ENGLEWOOD AVE
7604 GLACIER WAY
YA 'MA, WA 98" '8 ,.,.
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021482
18132022463
18132021426
SHAWN A & AMBER M STILES GILL
SUSAN PEARSON
TIMOTHY W MARTIN
7601 RICHEY RD
7705 DOUGLAS DR
509 N 74TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132022493
18132021469
18132022488
TYLER S & MICHELLE L CRITCHLOW
WILLIAM B & VERA C MIMS
WILLIAM G & HADDY C DAVI
400 S 90TH AVE
407 N 75TH AVE
17819 69TH AVE W t
YAKIMA, WA 98908
YAKIMA, WA 98908
EDMONDS, WA 98026
................................................... .......
18131733413
88
ZACHARY & STACI GEORGE
T,c;tal Panels C616 'b* Rrdge '%
PLl� Ertiglreering�tueyrc/c�
'
7707 ENGLEWOOD AVE
Homes LLC L, 5-- 15
f�iCk W�4tr
YAKIMA, WA 98908
20#h Aug # "'
Ahtanum Irrigation District
Cascade Natural Gas
Chamber of Commerce
Beth Ann Brulotte, Executive Assistant
Jim Robinson, Field Facilitator
10 North 9th Street
10705-B Gilbert Road
701 South 1st Ave
Yakima, WA 98901
Yakima, WA 98903-9203
Yakima, WA 98902
chamber@yakima.org
bethb@ahtanum.net
Jim.robinson@cngc.com
Department of Commerce
Department of Ecology
Department of Ecology
Growth Management Services,
Annie Szvetecz, SEPA Policy Lead
Gwen Clear
P.O. Box 42525
P.O. Box 47703
1250 West Alder Street
Olympia, WA 98504-2525
Olympia, WA 98504-7703
Union Gap, WA 98903
reviewteam@commerce.wa.gov
separegister@ecy.wa.gov
crosepacoordinator@ecy.wa.gov
Department of Fish and Wildlife
Department of Natural Resources
Department of Social & Health Services
Eric Bartrand
SEPA Center
Jeanne Rodriguez
1701 South 24th Ave
PO Box 47015
P.O. Box 45848
Yakima, WA 98902
Olympia, WA 98504
Olympia, WA 98504
Eric.Bartrand@dfw.wa.gov
sepacenter@dnr.wa.gov
Jeanne. rod riguez@dshs.wa.gov
Scott. Downes@dfw.wa.gov
Dept of Archaeology & Historic Preservation
Energy Facility Site Evaluation Council -EFSEC
Engineering Division
Greg Griffith or Gretchen Kaehler, Deputy State
Stephen Posner, SEPA Officer
Dana Kallevig and Debbie Cook, City Engineer
Historic Preservation Officer
PO Box 43172
129 N 2nd Street
P.O. Box 48343
Olympia, WA 98504-3172
Yakima, WA 98901
Olympia, WA 98504-8343
sposner@utc.wa.gov
dana.kallevig@yakimawa.gov
dahp.separeview@dahp.wa.gov
debbie.cook@yakimawa.gov
Nob Hill Water Association
Office of Rural and Farm Worker Housing
U.S. Army Corps of Engineers, Regulatory Branch
Bob Irving, Engineering Technician
Marty Miller
Deborah Knaub, Project Manager
6111 Tieton Drive
1400 Summitview Ave, Ste# 203
P.O. Box 3755
Yakima, WA 98908
Yakima, WA 98902
Seattle, WA 98124-3755
bob@nobhillwater.org
Martym2@orfh.org
Deborah.J.Knaub@usace.army.mil
........ ............. --
Wastewater Division
West Valley School District
_------._.._..........
WSDOT
Marc Cawley or Dana Kallevig
Angela Watts, Asst. Supt. Of Business &
Paul Gonseth, Planning Engineer
2220 East Viola Ave
Operations
2809 Rudkin Road
Yakima, WA 98901
8902 Zier Road
Union Gap, WA 98903
arr tro r v e"y'@Y' ka awa gar
Yakima, WA 98908-9299
gonsetp@wsdot.gov
ptkally@ y,,pt),awt 4mmgpv
wattsa@wvsd208.org
WSDOT
WSDOT, Aviation Division
Yakama Bureau of Indian Affairs
Rick Holmstrom, Development Services
Carter Timmerman
Rocco Clark, Environmental Coordinator
2809 Rudkin Road
7702 Terminal St SW
P.O. Box 632
Union Gap, WA 98903
Tumwater, WA 98501
Toppenish, WA 98948
holmstr@wsdot.wa.gov
timmerc@wsdot.wa.gov
Rocco.clark@bia.gov
Yakama-Klickitat Fisheries Project
Yakima Air Terminal
Yakima County Commissioners
John Marvin
Robert Peterson, Airport Asst Manager
Commissioners.web@co.yakima.wa.us
760 Pence Road
2400 West Washington Ave
Yakima, WA 98909
Yakima, WA 98903
jmarvin@yakama.com
robert.peterson@yakimawa.gov
YakimaCounty Health District
_____________________________
Yakima County Public Services
------------------------------------------------------
._______ _________ ________ .......Yakima
Yakima County Public Services �
Ryan Ibach, Director of Environmental Health
Lynn Deitrick, Planning Director
Vern ReVer, Public Services Director
1210 Ahtanum Ridge Dr Ste#200
128 North 2nd Street, 4th Floor
128 North 2nd Street, 4th Floor
Union Gap, WA 98903
Yakima, WA 98901
Yakima, WA 98901
yhd@co.yakima.wa.us
Lynn. Deitrick@co.yakima.wa.us
Vern,redifer@co.yakrma.wa.us
ryan.ibach@co.yakima.wa.us
...........................................................
Yakima Greenway Foundation
Yakima Regional Clean Air Agency
Yakima Valley Conference of Governments
Al Brown, Executive Director
Hasan Tahat, Engineering & Planning Supervisor
Shawn Conrad and Joseph Calhoun, Planner
111 South 18th Street
329 North 1st Street
311 North 4th Street, Ste# 202
Yakima, WA 98901
Yakima, WA 98901
Yakima, WA 98901
al@yakimagreenway.org
hasan@yrcaa.org
conrads@yvcog.org calhounj@yvcog.org
..... ......... -------...... ---....... -
Yakima Valley Museum
Yakima Waste Systems
Yakama Nation Environmental Management
John A. Baule, Director
Keith Kovalenko, District Manager
Program
2105 Tieton Drive
2812 1/2 Terrace Heights Dr.
Cialita Keys, Environmental Review Coordinator
Yakima, WA 98902
Yakima, WA 98901
P.O. Box 151
Toppenish, WA 98948
john@yakimavalleymuseum.org
ker _bra awagtee rwrar ;tions cq.
ck;e;ys@yakama com
Century Link
Charter Communications
City of Union Gap
Manager
Kevin Chilcote
David Spurlock, Development Director
8 South 2nd Ave, Rm#304
1005 North 16th Ave
P.O. Box 3008
Yakima, WA 98902
Yakima, WA 98902
Union Gap, WA 98903
Department of Agriculture
Environmental Protection Agency
Federal Aviation Administration
Kelly McLain
NEPA Review Unit
2200 W. Washington Ave
P.O. Box 42560
1200 6th Ave. MS 623
Yakima, WA 98903
Olympia, WA 98504
Seattle, WA 98101
Federal Aviation Administration, Seattle
Governor's Office of Indian Affairs
Pacific Power
Airports District Office
Cayla Morgan, Airport Planner
PO Box 40909
Mike Paulson
1601 Lind Ave SW
Olympia, WA 98504
500 North Keys Rd
Renton, WA 98055-4056
Yakima, WA 98901
Soil Conservation District
Trolleys
United States Postal Service
Ray Wondercheck
Paul Edmondson
Jeff McKee
1606 Perry Street, Ste. F
313 North 3rd Street
205 W Washington Ave
Yakima, WA 98902
Yakima, WA 98901
Yakima, WA 98903
WA State Attorney General's Office
WA State Dept of Health, office of
Yakama Bureau of Indian Affairs
1433 Lakeside Court, Ste# 102
Drinking Water
Christine Collins
Superintendent
Yakima, WA 98902
16201 E Indiana Ave, Ste# 1500
P.O. Box 632
Spokane Valley, WA 99216
Toppenish, WA 98948
Yakama Indian Nation
Johnson Meninick, Cultural Resources
Yakama Indian Nation
Yakima School District
Program
Ruth Jim, Yakima Tribal Council
Dr. Jack Irion, Superintendent
P.O. Box 151
P.O. Box 151
104 North 4th Ave
Toppenish, WA 98948
Toppenish, WA 98948
Yakima, WA 98902
Yakima Valley Canal Co
Yakima-Tieton Irrigation District
Cascade Natural Gas
Robert Smoot
Sandra Hull
8113 W Grandridge Blvd
1640 Garretson Lane
470 Camp 4 Rd
Kennewick, WA 99336
Yakima, WA 98908
Yakima, WA 98908
.........
Ahtanum Irrigation District
Beth Ann Brulotte, Executive Assistant
10705-B Gilbert Road
Yakima, WA 98903
\\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 06.20.16 -Form List.docx
Type of Notice: 1.
File Number:
Date of Mailing:
DOC.
INDEX
_. ....._..... In -House Distribution E-mailList
Name _eee....... Division ��.�..•..............•.E-mail..._••.�.�.�.�.�.�.�.�.�_•••�a.� �.��e �� �e.
Address
••..•••_. .. —_.••. __............� . � .. ------
Carol Bel
nBelles
Carolyn les Code Administration CarolM. ll¢ s � akinl awa,�po
Glenn Denman
Code Administration
G7pwnJi._Doaant�ltl�c� z!L(inaawawgt;�y
•...._•••
Joe Caruso__...
Code Administration�
__••.....••••_•••••_
l�aa " a uSq( Yy kips wee y
Suzanne DeBusschere
Code Administration ....
.._ . ��_.m..
Suzanne Debusscberer"&, akaan wa g9v
.. ••••__............... .
Daae Riddlp� �yal imat ya. �t .
Dan Riddle
g' ...... g
En ineerin
Mike Shane _..._...._..........._.••......_
Engineering
Mikahaae�a.minw o_._._••.._ .............•_.
Mark So p tich
•_.....
Fire Det
p
ari mm�
M S"o til�a akanaawa,
Jeff Cutter
'Legal Dept
,1�I`WCa��lr��°�"�<a�;���a
Mark Kunkler
Legal De�g���y
Le g Dept
..
Mt lad Eyaaway
Archie Matthews
_••
ONDS _... •••••••• •••••••••••..••......•....•
Archie,, Matthews I im aw .gcp
Joan Davenport
P
Planning
g
� ,�a�aai.l.��avenort� alnn;awapv. ���
��.:.w
.•••......•......_.................�..........._.
Chief Rizzi
-. ...-
Police Department
Qo11iinic.�i;zzi y ini wa
Scott Schafer
Public Works Det
Dept
Scot . �
t lir( akamawa.g��v
Loretta Zammarchi
Refuse Division
11,,orctta.Zaj nia[c � an .vr w
.........•_.•. ".. .. __•••..._ ........ ..
Randy Layman
Refuse Division
Lj—y.,Lma ,ap@y l tp�a wgp m
__....••.. ••..........._.••
Kevin Futrell
..._.....�..�....
Transit Division
_ •••••••••••........•
Kevin,.Futa y 9 ttpmawa �o
•..._......._•• ••....
James Dean
Utilities
lana gov,
�s.Dearayal'iarmaw.g
Dana Kallevig
Wastewater
I. anal alleviL") a tni wa ,ga y
Y••••_••••_ •••••
Randy Melo
Wastewater �.. __........ w .
Ran y.Me tay� kt ra. y .....••__•...__..
For the Record/File
_._........_........••••••••....•••••••••..........................
.....•.........•................................. ......... ................._..........
Binder Copy
Revised 05/2016
Type of Notice:
File Number(s): C 1-7-10
Date of Mailing: 10 1 Is
Maxey, Lisa
From:
Maxey, Lisa
Sent:
Thursday, October 13, 2016 1:14 PM
To:
Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James;
DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana;
Kunkler, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle,
Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta;
Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce;
Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA
Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife -
Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural
Resources; Department of Social & Health Services - Jeanne Rodriguez; Dept
Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility
Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural &
Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers -
Deborah J Knaub; West Valley School District - Angela Watts; WSDOT - Carter
Timmerman; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of
Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program -
Cialita Keys; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners;
Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima
County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern
Redifer; Yakima Greenway Foundation - Al Brown; Yakima Regional Clean Air Agency -
Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima
Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A.
Baule; Yakima Waste Systems - Keith Kovalenko
Cc:
Peters, Jeff
Subject:
Notice of DNS - Columbia Ridge Homes LLC - "Englewood Place" - PLP#005-16 &
SEPA#017-16
Attachments:
NOTICE OF DNS_ Columbia Ridge Homes LLC - Englewood Place - PLP SEPA.PDF
Attached is a Notice of Determination of Non -Significance (DNS) regarding the above -entitled project. If you have any
questions regarding this notice, please contact assigned planner Jeff Peters at (509) 575-6163 or by email at
iStCyakirrsw. Thank you!
Lisa. Maxey
Dcpaxtnient Assnstarit Vl I City oFYaakima Planning ning IlDivisio n
(509) 576-6669 9 is_19�'latwDt�.yer� �lr�_a_rt a�w�n, w
129 N 2nd Street Yakima, WA 98901
s M DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning, Di isiorn
'1111Ioan Davenport, AICA, Director
CITY ,
�F YA ° M 129 'Nor°il� Second Street, 2°d Floor, Yakima, WA 98901
asl,.planning(�yakimawa.gov • www.yakimawa.gov/services/planning
Washington State Environmental Policy Act
Determination of Nonsignificance
City of Yakima, Washington
October 13, 2016
Project Description: Preliminary Long Plat and State Environmental Policy Act (SEPA) Checklist
application from Columbia Ridge Homes LLC (applicant/property owner) to subdivide an 8.98
acre Single -Family Residential (R-1) zoned parcel of land, located at 7408 Englewood Ave., into
35 single-family lots.
Proponent: Columbia Ridge Homes LLC
Location: 7408 Englewood Ave., Yakima, WA
Parcel Number(s): 181320-21400
Lead Agency: City of Yakima
File Number: SEPA# 1017-16
Determinations: The lead agency for this proposal has determined that it does not have a probable
significant adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist
and other information on file with the lead agency. This information is available to the public on request.
0 This DNS is issued after using the optional DNS process in WAC 197-11-355.
There is no further comment period on the DNS.
Responsible Official: Joan Davenport
Position / Title: SEPA Responsible Official
Phone: (509) 575-6183
Address: 129 N 2nd Street, Yakima, WA 98901
Date: October 13, 2016 Signature:
x❑ You may appeal this determinat' to: Joan Davenport, AICP, Director of Community
Development, at 129 N 2"d Street, Yakima, WA 98901.
No later than: November 2, 2016
By method: Com lete appeal application form and payment of 580 appeal fee..
You should be prepared to make specific factual objections.
You may contact Jeff Peters, Supervising Planner, at (509) 575-6163 or jeff.peters@yakimawa.gov if you
have any questions regarding this matter.
Yakima
DOC. ` �V
INDEX2015
1994
1944
[a D1 Oka 0 1 a
Location of Installation (Check One):
_,_�,6,and Use Action Sign is installed per standards described in YMC § 15.11.090(C)
Land Use Action Sign is installed in an alternate location on the site.
Note: this alternate location (if not pre -approved by the Planning Manager) may not be acceptable by the
Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property,
The alternative location is:
The required comment period will begin when the Planning Division has received the Land Use
Action Installation Certification. The date of installation certificate receipt will begin the notice
period. Failure to post a Land Use Action sign and return this form signed in a timely manner will
cause a delay in the application review.
I hereby testify that the sign installed fully complies with the Land Use Action sign layout
specifications and installation standards, and that the sign will be maintained until a decision has
been rendered
pplicant's S ignwur'c Date
c)
L
Applicant's Name (Please Print) Applicant's Telephone Number
in person or by mail to: City of Yakima, Planning Division, 129 North 2 d Street, Vakima, WA 98901.
RECEIVED
Revision 002
SEP 23 2016 06/17/2014
CITY OF YAKIMA DOC.
PLAN,P%'�"IIG DIV. INDEX
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: PLP#005-16 & SEPA#017-16
Columbia Ridge Homes LLC - "Englewood Place"
7408 Englewood Ave
I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have
dispatched through the United States Mails, a Notice of Application,
Environmental Review, and YPC Public Hearing. A true and correct copy of
which is enclosed herewith; that said notice was addressed to the property
owner and applicant, SEPA reviewing agencies, and all property owners of
record within a radius of 300 feet of the subject property; that said are
individually listed on the mailing list retained by the Planning Division, and that
said notices were mailed by me on the 22nd day of September, 2016.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Lisa Maxey
Department Assistant II
DOC.
IND EN
18132022494 18132021420
DANNY & JULIE DAVIS FAMILY TRUST MARK A SNYDER CREDIT TRUST
410 N 77TH AVE 410 SNOWMASS LN
YAKIMA, WA 98908 YAKIMA, WA 98908
18132021421
18021490
18131743477
P AR•K-A SNYDER CREDIT NST m""
MARK E'R CREDIT TRUST—
PALAZZO PROPERTIES LTD
410 SNO
410 S�W�#VIY�'S "PV,,
1819 S 4TH AVE
YAKIMAr, A 98908
YAkIMA, WA 98908
YAKIMA, WA 98902
... _ ....... ._........ ....
181317434
1813 78 µ
_ .. �..
18132022511
............... . ........
18132022487
OPER E"C
SEVERSONLAYFIELD FAMILY HOLDING
WOODCOCK HOLDING LLC
1819 S -a4
TRUST
2809 S 79TH AVE
YAX J�IA, WA 98902
406 N 77TH AVE
YAKIMA, WA 98903
YAKIMA, WA 98908
..... — ______.._.
18131743476
....m _... ......._............
18132022514
_.. m .....
18132022503
ALEX W & BRENDA ROBERTSON
ANDRE L & STEPHANIE JACQUARD
ANITA J ERICKSON
7308 ENGLEWOOD HILL PL
405 N 80TH AVE
513 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
... .........................
181.
32022509
_________..__------. _
18132021464
_ ...................-........__. ............
18132021470
AUGUST M & DANA M MERCURIO JR
BARBARA A INKS
BRIAN R & KELLY D MC ILRATH
402 N 77TH AVE
PO BOX 11428
405 N 75TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98909
YAKIMA, WA 98908
18131743441
18132022513
18132022512
BRUCE &DONNA PLEAKE
CARL & ASHLEY BARRETT
CARL D WHITNEY
601 N 74TH AVE
407 N 77TH AVE
408 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021461
18132021458
....
18132 021462 ..........
021462
CAROLYN KAY CAVERSON
CARRIE BROWN
CARY W & JAMIE L STEINER
7504 GLACIER WAY
406 N 75TH AVE
7506 GLACIER WAY
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
_......................
18132021483
......................
18132021487
.........................M _.... .....
18132022492
CASEY M & SHANDA M MARTINEZ
CHERYL MESSICK
CHRISTINE M MILLS
7507 RICHEY RD
404 N 74TH AVE
500 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
_....._......__
_.......
............... In
1813202148.a.a.5
18132021457
18132022510
CORY D & EMILY R LINSTAD
CURTIS E & NORI L MOORE
DAN & VALDINE HAISCH
7503 RICHELY RD
400 N 75TH AVE
4919 PARKER RD E
YAKIMA, WA 98903
YAKIMA, WA 98908
SUMNER, WA 98390
—' _.. .......
18132021460
_...__.._ ......... _
18132022538
w _ . ._.. _.
18131733427
DANIEL & KELLY L BROWN
DARIN & DAWNE HYDE
DAVE S & CRYSTAL ATTEBERRY
7502 GLACIER WAY
7605 RICHEY RD
7604 GRAYSTONE CT
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021488
18132021467
18132021424
DAVID R & THERESA L WAGNER
DEBBIE L VAN CAMPEN
DONALD W & NANCY E KETZENBERG
406 N 74TH AVE
411 N 75TH AVE
7314 ENGLEWOOD AVE
YAKIMA, WA 98908
YAKIMA, WA 98901
YAKIMA, WA 98908
._... ......................
18132022486
--- ------ ----------
18131733412
------ -—.....------..........
l33l734418
EDWARD L & ALBA L LEVESQUE
FRANK C & TINA R TORRES
GARY E""tOFND „
7704 DOUGLAS DR
7705 ENGLEWOOD AVE
7511E et ; 0 DAVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YA0MA, WA 98908
..... _..._
18131734421
..... .._.......... ....................
18132021425
.........................
18132022501
GARY E & MARCIA A LOFLAND
GARY W & SHEILA D MODINE
GLENN M & DIANA GAREHIME
7511 ENGLEWOOD AVE
7604 RICHEY RD
509 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
..........................................
18132022504
18132022500
_._........ _ .....__.........._
18132021423
GUY S & SHERYL L CUMMINGS
ISAIAH W KIZZIAR
JAMES & GLENDA MORRISON
515 N 77TH AVE
2336 COOK RD
7318 ENGLEWOOD AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18131733426
18132022495
18132022489
JAMES D & KRISTIN C WILLIAMS
JASON & PAMELA LIVINGSTON
JENA EVANS
7600 GRAYSTONE CT
7602 JACKSON CT
508 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
................... ______--
18132021404
132021403
_._.....
18132021472
JENNY SNYDER
JENNS SNYDER W ,.Wry .
JEREMY W GILLESPIE
410 SNOWMASS LN
410 S Wv ' S LN
401 N 75TH AVE
YAKIMA, WA 98908
,� IMA, WA 98
YAKIMA, WA 98908
....................................
18132021481
__....................... .....
18132022491
._._... ...... _ .
18132022498
JERRY L JR & SALLY R POTTS
JESUS JR & SILVIA B ROJAS
JOHN? MC MCLURE JR
7603 RICHEY RD
502 N 77TH AVE
7603 JACKSON CT
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
.................... ..
18132022502
............... _.... ........... _............. _
18132021419
.......................................... ......
18131743442
JOHN MICHAEL HERNANDEZ
JOSE & LORI GARZA
JULIANA YOUNG MAY
511 N 77TH AVE
7310 ENGLEWOOD AVE
5808A SUMMITVIEW AVE # 252
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
.. ...........
18132021468
... . . ... ......
18132021463
.................................................................
18132022499
JULLI CHEN SEN RONG
KATHLEEN M WILSON
KELLI P LA RIVIERE
409 N 75TH AVE
7507 GLACIER WAY
7605 JACKSON COURT,
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
...........
18132021471
18132022461
18132022490
KEVIN M & NIKKOL M GLOVER
LARRY & BONNIE OSBURN
LEWIS P & MARILYN BOND
403 N 75TH AVE
7701 DOUGLAS DR
506 N 77TH AVE
YAKIMA, WA 98908
YAKIMA, WA 98908
YAKIMA, WA 98908
18132021466 18132022515 18132022537
MARK & SUZANNE LAPSLEY MARK A & NICOLE NEUMANN MARK L SEWARD
7501 GLACIER WAY 129 BREMERTON AVE SE 400 N 77TH AVE
YAKIMA, WA 98908 RENTON, WA 98059 YAKIMA, WA 98908
............ ._.._.._.M..................... ........... .............
18131734409
MARTHA A SALAZAR FLORES
PO BOX 11432
YAKIMA, WA 98909
18131743443
MICHAEL C & SEANA M MOORE
5808A SUMMITVIEW AVE # 170
YAKIMA, WA 98908
18132022507
RAELYNN GRAHAM
7602 GLACIER WAY
YAKIMA, WA 98908
............. ....... -...........
18132022497
RICHARD G PETERS
7601 JACKSON COURT
YAKIMA, WA 98908
18132021465
ROBERT B & SANNA J ROYAL
7503 GLACIER WAY
YAKIMA, WA 98908
18131734408
R i ALD S & KARLENE EDW -ARDS..
7409.. ° OOv AVE.... „
"�A .� i
KIMA, WA 98408-.-,
_ ............. ...............
_..
18132021482
SHAWN A & AMBER M STILES GILL
7601 RICHEY RD
YAKIMA, WA 98908
18132022493
TYLER S & MICHELLE L CRITCHLOW
400 S 90TH AVE
YAKIMA, WA 98908
18131733413
ZACHARY & STACI GEORGE
7707 ENGLEWOOD AVE
YAKIMA, WA 98908
18131734422
MELANIE L POWERSZIEGLER
PO BOX 8073
YAKIMA, WA 98908
18132021484
MOLLY K DAWSON
7505 RICHEY RD
YAKIMA, WA 98908
18132021429
RAYMOND & ROBIN C APPLING
421 N 74TH AVE
YAKIMA, WA 98908
18132021459
RICHARD L & MARILYN ROBILLARD
7500 GLACIER WAY
YAKIMA, WA 98908
18132021428
RONALD & KATHY SCHUMACHER
5 S 44TH AVE
YAKIMA, WA 98908
18131734407
RONALD S & KARLENE EDWARDS
7409 ENGLEWOOD AVE
YAKIMA, WA 98908
18132022463
SUSAN PEARSON
7705 DOUGLAS DR
YAKIMA, WA 98908
18132021469
WILLIAM B & VERA C MIMS
407 N 75TH AVE
YAKIMA, WA 98908
18132022462
MICHAEL A & ESTHER L SEIDL
7703 DOUGLAS DR
YAKIMA, WA 98908
---- _...... -- .
181320.._..
21427
PETER & JULIANE NAUMANN
505 N 74TH AVE
YAKIMA, WA 98908
18132022496
IT mmmmmmmm
RICHARD & VANESSA GIMLIN
PO BOX 25
MOXEE, WA 98936
_.._ ........
18132021486
RICHARD S & CYNTHIA GRAZIANO
402 N 74TH AVE
YAKIMA, WA 98908
18131734410
mm
RONALD S & KARLENE EDWARDS
7409 ENGLEWOOD AVE
YAKIMA, WA 98908
......
18132022508 ________________ W W
RYAN L KITE
7604 GLACIER WAY
YAKIMA, WA 98908
. . ...................................
18132021426
TIMOTHY W MARTIN
509 N 74TH AVE
YAKIMA, WA 98908
18132022488
WILLIAM G & HADDY C DAVIS
17819 69TH AVE W
EDMONDS, WA 98026
Ahtanum Irrigation District
Cascade Natural Gas
Chamber of Commerce
Beth Ann Brulotte, Executive Assistant
Jim Robinson, Field Facilitator
10 North 9th Street
10705-B Gilbert Road
701 South 1st Ave
Yakima, WA 98901
Yakima, WA 98903-9203
Yakima, WA 98902
chamber@yakima.org
bethb@ahtanum.net
Jim.robinson@cngc.com
Department of Commerce
Department of Ecology
Department of Ecology
Growth Management Services,
Annie Szvetecz, SEPA Policy Lead
Gwen Clear
P.O. Box 42525
P.O. Box 47703
1250 West Alder Street
Olympia, WA 98504-2525
Olympia, WA 98504-7703
Union Gap, WA 98903
reviewteam@commerce.wa.gov
separegister@ecy.wa.gov
crosepacoordinator@ecy.wa.gov
Department of Fish and Wildlife
Department of Natural Resources
Department of Social & Health Services
Eric Bartrand
SEPA Center
Jeanne Rodriguez
1701 South 24th Ave
PO Box 47015
P.O. Box 45848
Yakima, WA 98902
Olympia, WA 98504
Olympia, WA 98504
Eric.Bartrand@dfw.wa.gov
sepacenter@dnr.wa.gov
Jeanne.rodriguez@dshs.wa.gov
Scott. Downes@dfw.wa.gov
Dept of Archaeology & Historic Preservation
Energy Facility Site Evaluation Council -EFSEC
Engineering Division
Greg Griffith or Gretchen Kaehler, Deputy State
Stephen Posner, SEPA Officer
Dana Kallevig and Debbie Cook, City Engineer
Historic Preservation Officer
PO Box 43172
129 N 2nd Street
P.O. Box 48343
Olympia, WA 98504-3172
Yakima, WA 98901
Olympia, WA 98504-8343
sposner@utc.wa.gov
dana.kallevig@yakimawa.gov
dahp.separeview@dahp.wa.gov
debbie.cook@yakimawa.gov
Nob Hill Water Association
Office of Rural and Farm Worker Housing
U.S. Army Corps of Engineers, Regulatory Branch
Bob Irving, Engineering Technician
Marty Miller
Deborah Knaub, Project Manager
6111 Tieton Drive
1400 Summitview Ave, Ste# 203
P.O. Box 3755
Yakima, WA 98908
Yakima, WA 98902
Seattle, WA 98124-3755
bob@nobhillwater.org
Martym2@orfh.org
Deborah.J.Knaub@usace.army.mil
Wastewater Division
West Valley School District
WSDOT
Marc Cawley or Dana Kallevig
Angela Watts, Asst. Supt. Of Business &
Paul Gonseth, Planning Engineer
2220 East Viola Ave
Operations
2809 Rudkin Road
Yakima, WA 98901
8902 Zier Road
Union Gap, WA 98903
marc ry r le a�k4rnawa ,c�±d,
y 8
Yakima, WA 98908-9299
gonsetp@wsdot.gov
dance kg1Ieyu rca ak Lmaw_,. ov
Y J
wattsa@wvsd208.org
WSDOT
WSDOT, Aviation Division
Yakama Bureau of Indian Affairs
Rick Holmstrom, Development Services
Carter Timmerman
Rocco Clark, Environmental Coordinator
2809 Rudkin Road
7702 Terminal St SW
P.O. Box 632
Union Gap, WA 98903
Tumwater, WA 98501
Toppenish, WA 98948
holmstr@wsdot.wa.gov
timmerc@wsdot.wa.gov
Rocco.clark@bia.gov
Yakama-Klickitat Fisheries Project
Yakima Air Terminal
Yakima County Commissioners
John Marvin
Robert Peterson, Airport Asst Manager
Commissioners.web@co.yakima.wa.us
760 Pence Road
2400 West Washington Ave
Yakima, WA 98909
Yakima, WA 98903
jmarvin@yakama.com
robert.peterson@yakimawa.gov
.................................................
.....
Yakima County Health District
Yakima County Public Services
Yakima County Public Services
Ryan Ibach, Director of Environmental Health
Lynn Deitrick, Planning Director
mw^I
Vern Redifer, Public Services Director
1210 Ahtanum Ridge Dr Ste#200
128 North 2nd Street, 4th Floor
128 North 2nd Street, 4th Floor
Union Gap, WA 98903
Yakima, WA 98901
Yakima, WA 98901
yhd@co.yakima.wa.us
Lynn.Deitrick@co.yakima.wa.us
Vern.redifer@co.yakima.wa.us
ryan.ibach@co.yakima.wa.us
.....................__...................
Yakima Greenway Foundation
Yakima Regional Clean Air Agency
Yakima Valley Conference of Governme s
Al Brown, Executive Director
Hasan Tahat, Engineering & Planning Supervisor
Shawn Conrad and Joseph Calhoun, Planner
111 South 18th Street
329 North 1st Street
311 North 4th Street, Ste# 202
Yakima, WA 98901
Yakima, WA 98901
Yakima, WA 98901
al@yakimagreenway.org
hasan@yrcaa.org
conrads@yvcog.org calhounj@yvcog.org
Yakima Valley Museum
Yakima Waste Systems
Yakama Nation Environmental Management
John A. Baule, Director
Keith Kovalenko, District Manager
Program
2105 Tieton Drive
2812 1/2 Terrace Heights Dr.
Cialita Keys, Environmental Review Coordinator
Yakima, WA 98902
Yakima, WA 98901
P.O. Box 151
Toppenish, WA 98948
John@yakimavalleymuseum.org
kt�o9ti�a„v4krrn memt�rt,s.,�zr7p
ckeys@yakama.com
Century Link
Charter Communications
City of Union Gap
Manager
Kevin Chilcote
David Spurlock, Development Director
8 South 2nd Ave, Rm#304
1005 North 16th Ave
P.O. Box 3008
Yakima, WA 98902
Yakima, WA 98902
Union Gap, WA 98903
Department of Agriculture
Environmental Protection Agency
Federal Aviation Administration
Kelly McLain
NEPA Review Unit
1 2200 W. Washington Ave
P.O. Box 42560
1200 6th Ave. MS 623
Yakima, WA 98903
Olympia, WA 98504
Seattle, WA 98101
Federal Aviation Administration, Seattle
Governor's Office of Indian Affairs
Pacific Power
Airports District Office
Cayla Morgan, Airport Planner
PO Box 40909
Mike Paulson
1601 Lind Ave SW
Olympia, WA 98504
500 North Keys Rd
Renton, WA 98055-4056
......... .........
Yakima, WA 98901
Soil Conservation District
Trolleys
United States Postal Service
Ray Wondercheck
Paul Edmondson
Jeff McKee
1606 Perry Street, Ste. F
1 313 North 3rd Street
205 W Washington Ave
Yakima, WA 98902
Yakima, WA 98901
Yakima, WA 98903
WA State Attorney General's Office
WA State Dept of Health, Office of
Yakama Bureau of Indian Affairs
1433 Lakeside Court, Ste# 102
Drinking Water
Superintendent
Christine Collins
Yakima, WA 98902
16201 E Indiana Ave, Ste# 1500
P.O. Box 632
Spokane Valley, WA 99216
Toppenish, WA 98948
Yakama Indian Nation
Johnson Meninick, Cultural Resources
Yakama Indian Nation
Yakima School District
Program
RYT
Ruth Jim, Yakima Tribal Council
Dr. Jack Irion, Superintendent
P.O. Box 151
P.O. Box 151
104 North 4th Ave
Toppenish, WA 98948
Toppenish, WA 98948
Yakima, WA 98902
Yakima Valley Canal Co
Yakima-Tieton Irrigation District
Cascade Natural Gas
Robert Smoot
Sandra Hull
8113 W Grandridge Blvd
1640 Garretson Lane
470 Camp 4 Rd
Kennewick, WA 99336
Yakima, WA 98908
Yakima, WA 98908
Ahtanum Irrigation District
Beth Ann Brulotte, Executive Assistant
10705-B Gilbert Road
Yakima, WA 98903
\\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 06.20.16 -Form List.docx
Type of Notice: �,� 0(
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File Number: � L I (;��7 (
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Date of Mailing:
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Name
Division
E-mail Address
Carolyn Belles
Code Administration
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Glenn.Denman„@,,yakimawa.,gov
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Joe Caruso
Code Administration
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Suzanne DeBusschere
Code Administrationa
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Dan Riddle
Engineering _
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Mike Shane
Engineering
Mike.Shane a,yakimawawov
Mark Soptich
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Jeff Cutter
Legal Dept
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Mark Kunkler
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Archie Matthews
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Joan Davenport
Planning
Chief Rizzi
Police Department
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Scott Schafer
Public Works Dept
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Loretta Zammarchi
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Kevin Futt il.mkln na mrt�e v
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James Dean
Utilities
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Type of Notice:
File Number(s):
Date of Mailing:
DOC.
INDEX
4
Maxey, Lisa
From:
Maxey, Lisa
Sent:
Thursday, September 22, 2016 11:30 AM
To:
Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James;
DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana;
Kunkler, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle,
Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta;
Brown, Michael; Crockett, Ken; Daily Sun News - John Fannin; Hispanic Chamber of
Commerce; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio;
KEPR TV News; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV
News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna
King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres;
Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima
Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley
Business Times; Yakima Valley Business Times - George Finch; YPAC - Randy Beehler;
Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce;
Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA
Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife -
Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural
Resources; Department of Social & Health Services - Jeanne Rodriguez; Dept
Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility
Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural &
Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers -
Deborah J Knaub; West Valley School District - Angela Watts; WSDOT - Carter
Timmerman; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of
Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program -
Cialita Keys; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners;
Yakima County Health District; Yakima County Health District - Ryan lbach; Yakima
County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern
Redifer; Yakima Greenway Foundation - Al Brown; Yakima Regional Clean Air Agency -
Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima
Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A.
Baule; Yakima Waste Systems - Keith Kovalenko
Cc:
Peters, Jeff, 'Al Rose'; 'Alfred A. Rose (silvrfx40@bmi.net)'; 'Gavin Keefe'; Gutierrez, Avina;
'Patricia Byers'; 'Peter Marinace'; 'Scott Clark'; 'Tom Trepanier'; 'William Cook
(cook.w@charter.net)'
Subject:
Notice of Application, SEPA & Public Hearing - Columbia Ridge Homes LLC -
"Englewood Place" - PLP#005-16 & SEPA#017-16
Attachments:
NOTICE OF APPLICATION, SEPA & PUBLIC HEARING_ Columbia Ridge Homes -
Eng .... pdf
Attached is a Notice of Application, Environmental Review (SEPA), and Public Hearing regarding the above -entitled
project. If you have any questions about this proposal please contact assigned planner Jeff Peters at (509) 575-6163 or
by email at jff p_ss.Ykdua. Thank you!
I.A. spa. Maxey
ey
Departrnent, Assistant if I City of'Yakima Planning N:)iv�sion
(509) 576-6669 LisaK� , y �yAkja , a ra gjaV
129 N 2nd Street Yakima, WA 98901
D
1 U
City of Yakima
Planning Division
Manning 129 N 2ND ST. (2ND FLOOR) l
YAKIMA, WA 98901 Date of Notice of Application - 09/22/2016
Project Name: COLUMBIA RIDGE HOMES LLC - "ENGLEWOOD PLP#005-16
PLACE"
Location: 7408 ENGLEWOOD AVE
Proposal: Proposed long plat that will subdivide approximately 8.98 acres into 35 single -family
residential lots in the R-1 zoning district.
A land use application has been submitted near your property. This is your notice of that application. To
view information online go to: www.yakimawa.gov/public-notice and select PLP#005-16 from the list to view
the land use application information. More information is available from the City of Yakima Planning Division
(509) 575-6183. The staff contact is: Jeff Peters, Supervising Planner (509) 575-6163 -
jeff.peters@yakimawa.gov. Decisions and future notices will be sent to anyone who submits comments on
application or requests additional notice. Comments may be submitted in writing to the address above
y email to: ask.planning@yakimawa.gov - please include the file number in the email subject line.
Written or emailed comments must be received by 5:00 p.m. on 10/12/2016
Public Hearing Date: 11%09/2016
Public hearings are scheduled to begin at 3:00 PM in the Yakima City Council Chambers of City Hall located
at: 129 North Second Street, Yakima, WA 98901
This application may include multiple land use types, including compliance with the State Environmental
Policy Act (SEPA). For specific information, please contact the Planning Division at (509) 575-6183.
Si necesita informaci6n en espanol por favor Ilame al (509) 575-6183
Application Submitted: 09/0612016 Application Complete: 09/19/2016
t�
YAKIMA HERALD,,,,
A daily part of your lifew. �
yakima-herald.com
This is the proof of your ad scheduled to run on the dates indicated below.
Please proof read notice carefully to check spelling and run dates,
if you need to make changes
Account #: 110358
Company Name: CITY OF YAHIMA PLANNING
Contact: ROSALINDA IBARRA,AP
Address: 129 N 2ND STREET
YAHIMA, WA 98901-2720
Telephone: (509)575-6164
Fax:
Account Rep:
Simon Sizer
Phone #
(509) 577-7740
Email:
ssizer@yakimaherald.com
Ad ID:
679110
Start:
09/22/16
Stop:
09/22/16
Total Cost:
$233.60
Lines:
128.0
# of Inserts:
1
Ad Class:
6021
Yakima Herald -Republic 09/22/16
DOC.
INDEX
CITY OF YAKIMA
NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND
PUBLIC HEARING
DATE: September 22, 2016;TO: SEPA Reviewing Agencies,
Applicant and Adjoining Property Owners; FROM: Joan Dav-
enport, AICP, Community Development Director; SUBJECT:
Notice of Application, Environmental Review, and Public Hearing
for a 35 -Lot Preliminary Long Plat; NOTICE OF APPLICATION-,
Project Location: 7408 Englewood Ave., Yakima, WA Owner/
Applicant: Columbia Ridge Homes LLC Parcel Number(s):
181320-21400 File Number: PLP#005-16 & SEPA#017-16; Date
of Application: September 6, 2016; Date of Determination of
Application Completeness: September 19,2016; PROJECT
DESCRIPTION: The City of Yakima Department of Community
Development has received a Preliminary Long Plat and State
Environmental Policy Act (SEPA) Checklist application from Justin
Hellum of Columbia Ridge Homes LLC (applicant/property owner)
to subdivide an 8.98 acre Single -Family Residential (R-1) zoned
parcel of land, located at 7408 Englewood Ave., into 35 single-
family lots.; ENVIRONMENTAL REVIEW: This is to notify all the
public and private agencies with jurisdiction and environmental
expertise that the City of Yakima Division of Environmental Plan-
ning has been established as the lead agency, pursuant to the
Washington State Environmental Policy Act (SEPA) for the above
stated project. The City of Yakima is presently inclined towards
the issuance of a Determination of Non -Significance (DNS) on
this project. The optional WAC 197-11-355 is being used. The
proposal may include mitigation measures under applicable
codes, and the project review process may incorporate or require
mitigation measures regardless of whether an EIS is prepared.
This may be your only opportunity to comment on the envi-
ronmental impacts of the proposed project. A copy of the
Environmental Checklist is available upon request. Required
Permits —The following local, state and federal permits/approvals
are needed for the proposed project: Clean Air Authority approval,
and State Labor & Industries approval. Required Studies: Traffic
Concurrency. Existing Environmental Documents: None. Pre-
liminary determination of the development regulations that
will be used for project mitigation and consistency: City of
Yakima Title 12 Development Standards, and Urban Area Zoning
Ordinance; REQUEST FOR WRITTENCOMMENTS: Your views
on the proposal are welcome. Agencies, tribes, and the public are
encouraged to review and comment on the proposed project and
its possible environmental impacts. There is a 20 -day comment
period for this review, anyone may submit comments on this pro-
posal to become a party of record for this project. All written com-
ments received by 5:OOpm on October 12, 2016, will be consid-
ered prior to issuing the final threshold determination and recom-
mendation on this application. Your comments on this project may
be mailed to: Joan Davenport, Community Development Director,
City of Yakima Planning Division, 129 North 2nd Street, Yakima,
WA 98901 or e-mail your comments to: jeff.peters@yakimawa.
gov. Please reference the applicant's name or file number(s) in
your correspondence: (Columbia Ridge Homes, SEPA#017-16,
PLP#005-16); N TI F P!IBLIC HgARING This request
requires that the City of Yakima Planning Commission hold an
open record public hearing. The public hearing is scheduled to be
held on Wednesday November 9, 2016, beginning at 3:00 p.m.,
in the Council Chambers, City Hall, 129 N 2nd Street, Yakima,
WA. Any person desiring to express their views on this matter is
invited to attend the public hearing or to submit written comments.
Following the public hearing, the Planning Commission will issue
their recommendation to City Council. If you have any question on
this proposal, please call Jeff Peters, Supervising Planner at (509)
576-6163 or e-mail at jeff.peters@yakimawa.gov.
1A7g1101 1;antamhar 99 P01A
®®C.
INDEX
Courtesy of Yakima Herald -Republic
� tl
�, I n
�ui� w� w
�,. CITY CF YAFIMA
NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND
PUBLIC HEARING
DATE: Repteniber 22, 2016;TO: REPA f eviewln Agencies,
Applicant and Adjoining Property Owners, FROI , Joan Dav-
enport, AICD, Community Development Director; SUBJECT:
Notice of Ap lication, Environmental Review, and Public Hearing
for a� E -Lot �reYirnindry! crlsg Plat„ N_QTXg
_of .App .
Pia jeot Locetpon:'408 En 6d Ave,, Yakima„ A OwrnerA
AP "can Columbia Rldge I Nornes LLC Parcel Num mer jsjm
181 213-21� 00 Flle Nurraber» Pt.PIf;Jb51 CEPArftl17w1b„ Date
of A pllcatle _eptambel l „ 21116; Oahe of Determination of
A p cation Coma�Ieteness: ePternberw 19,2016; MQAO
0 T,, "Thai
Cit
of Yakluna DePartroer t rat Ctamaraaan)ty
Devdlopm6n alas received a Preliminary Long Plat and State
Environmental Policy Act (EE'PA) Checklist apPllcation from Justin
Hellurn of Colaambia Ridge ffornes p„LC (appilcantipro arty owner)
to subdivide an 8.98 acre Cinle-Family Residential I -1 zoned
parcel of land„ located al Aid IEnglewood Ave:, into ; ngle-
tamiN,y lots., �'ytR _MPMAkHE �' tI'hi Is to notify all thepubl°
expolc and private rlrse that fife Cit roflafpnr �Illvisicnl of �cvironrrMntal Plan-
a
ping lies been establusiaad as tlwe lead' agenc)r, aarsuanI to the
Washington �kato nvironmental Policy Aot jRIPA) for` the above
nmental
skated Project,The City of Yal Ima Is proses tjy'lnciinedatowvard
the issuance of a Deternliuwation of Nuri Rigniffcance jl NC on
this p roject. The optf0 .1 WAC 1g7.11M 1a us being arced. e
prosat may include mill xatfon measures tanner applicable
cols, and the project review;process may incorporate or require
mitigation measures regardless of whether an EIS is prepared,
This maybe your ontopportunity to comment on the envl'-
ronrmental Impacts o the Proposed project. A copy, of the
Environmental Checklist Is availalale upon request. Required
Permits- he following local, state and federal perrnit /approvals
are needed forlbe�. roposed project, Clean Air Authorrt appproval,
and Mate Labor lrrdustrles approval, Required Stud es: traffic
Concurrency, Existing Environmental Documents: None, Pre-
liminary determination of the development reguiatio'ns that
will be used for project mrttldtion and consfsteno Cit�yof
Yalrlrma °Title 12 Development Standards, and Urban r'ea honing
Ordira�arlce„RE F-6- F�QF R"EN �� ,tY'ourviewws
on the proposal are welcome, Agencies, tribes„ and the publicareencouraged to review and comment on the proposed Project and
its possible environmental impacts. There !s a20 -day comment
period for this review„ anyone iiiasubmit comments on this pro-
posal to become a aarty of recorUr this Pro2jeot, All written com-
menls received by ®bhprm on October 12„ p1 , will be consid-
ered prior to issuing the final threshold determination and recons..
mendation on this a Plication. Your comments on this pro'eol away
be mailed to. Joan C'avenport, Comnwunity Develo meat tector„
City of: Yakima Planning Division, 129 North 2nd B eet„ Yakima,
WA 98901 or e -assail yoarr comm euwts tow jeff,petarsl yakiinr wa.
gov. Please referenoe the applicant's name or file number(s) In
our correspondence. Coitimbia Rid e I -lopes, REPAIfg1 AW1b;
LP 000r 1) i�� I �I eft + Thtps request
requires that file City of YakimaPlanning Commission hoid an
open record pubiio hearing, The public hearing is scheduled to be
held oil Wednesday November 9, 2016, beginning at tEg p.m.,
in the Council Chambers, City Hall, 129 N 2nd Street„ Yakima.,,
WA, Any person desirin�p to express their views on this matter is
invited to attend the pubVic heariii or to submit written comments.
Following the public hewing„ the Planning Commission will Issue
their recommendation to City COuncfl, If you have any question on
this Proposal, please call,teff Peters„ SuPervising Planner at (gg)
576-616 or e-mail at ieff.peters yakirnawa,gov,
(R7P11nl.RP.niP.mhArii 9niR
ANWIN Mi 0 UVIrk L_ .i ARTMENT OF COMMUNITY DE` _ . ,OPMENT
a IML .lot'un Davenport, AICP, Director
C cI w OF YAKI A 129 North Second Street, 2nd Floor, Yakima, WA 98901
a,sk.plairning@yakimawa.gov
www.yakimawa.gov/services/planning
NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW & PUBLIC HEARING
DATE:
TO:
FROM:
SUBJECT:
FILE NOS:
PROJECT LOCATION:
OWNER:
APPLICANT:
PARCEL NO:
DATE OF APPLICATION:
DATE COMPLETE APPLICATION:
September 22, 2016
Applicant and Adjoining Property Owners
Joan Davenport, AICP, Community Development
Director & Planning Manager
Notice of Application, Environmental Review, and
Public Hearing for a 35 Lot Preliminary Long Plat.
PLP#005-16 & SEPA#017-16
7408 Englewood Ave., Yakima, WA
Columbia Ridge Homes LLC
Columbia Ridge Homes c/o Justin Hellem
181320-21400
September 6, 2016
September 19, 2016
NOTICE OF APPLICATION
The City of Yakima Department of Community Development has received a Preliminary
Long Plat and State Environmental Policy Act (SEPA) Checklist application from Justin
Hellum of Columbia Ridge Homes LLC (applicant/property owner) to subdivide an 8.98
acre Single -Family Residential (R-1) zoned parcel of land, located at 7408 Englewood
Ave., into 35 single-family lots.
ENVIRONMENTAL REVIEW
This is to notify all the public and private agencies with jurisdiction and environmental
expertise that the City of Yakima Division of Environmental Planning has been established
as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA)
for the above stated project.
The City of Yakima is presently inclined towards the issuance of a Determination of Non -
Significance (DNS) on this project. The optional WAC 197-11-355 is being used. The
proposal may include mitigation measures under applicable codes, and the project review
process may incorporate or require mitigation measures regardless of whether an EIS is
prepared. This may be your only opportunity to comment on the environmental
impacts of the proposed project. A copy of the Environmental Checklist is available
upon request.
Required Permits — The following local, state and federal permits/approvals are needed
for the proposed project: Clean Air Authority approval, and State Labor & Industries
approval. Required Studies: Traffic Concurrency. Existing Environmental
Documents: None. Preliminary determination of the development regulations that
will be used for project mitigation and consistency: City of Yakima Title 12
Development Standards, and Urban Area Zoning Ordinance
00C.
N DEX Yakima
x �� W IIIS,
2015
1994
REQUEST FOR WRITTEN COMMENTS
Your views on the proposal are welcome. Agencies, tribes, and the public are
encouraged to review and comment on the proposed project and its possible
environmental impacts. There is a 20 -day comment period for this review, anyone may
submit comments on this proposal to become a party of record for this project. All written
comments received by 5:00 p.m. on October 12, 2016, will be considered prior to
issuing the final threshold determination and recommendation on this application. Your
comments on this project may be mailed to:
Joan Davenport, AICP, Community Development Director
City of Yakima Planning Division
129 North 2nd Street
Yakima, WA 98901
or e-mail your comments to: jeff.peters@yakimawa.gov.
Please reference the applicant's name or file number(s) in your correspondence:
(Columbia Ridge Homes, PLP#005-16, & SEPA#017-16,)
NOTICE OF PUBLIC HEARING
This request requires that the City of Yakima Planning Commission hold an open record
public hearing. The public hearing is scheduled to be held on November 9, 2016,
beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima,
WA. Any person desiring to express their views on this matter is invited to attend the
public hearing or to submit written comments. Following the public hearing, the Planning
Commission will issue their recommendation to City Council.
If you have any question on this proposal, please call Jeff Peters, Supervising Planner at
(509) 575-6163 or e-mail at jeff.peters@yakimawa.gov.
Encl: SEPA Checklist, Preliminary Plat, and Vicinity Map
DOC.
IMIDE
2
%4& I;. _ ARTMENT OF COMMUNITY DEN, -OPMENT
Planning Division
Joan Davenport, AICP, Director
p l 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
DETERMINATION of COMPLETENESS
Applicant: Justin Hellum for Columbia Ridge Homes
Applicant Address: 404 S. 511t Ave., Yakima, WA 98908
Re: Preliminary Long Plat Application— PLP#005-16 & SEPA#017-16
Proposal: Preliminary Long Plat to subdivide approximately 8.9815 acres into 35
single-family lots in the Single -Family Residential (R-1) zoning district.
Site Address: 7408 Englewood Ave., Yakima, WA: Parcel Number: 181320-21400
Pursuant to Yakima Municipal Code Section 16.04.020, the above described applications have
been reviewed by the Yakima Department of Community Development to determine if all
elements of a complete application have been submitted. Based on the submitted information,
applications PLP#005-16 & SEPA#017-16 are hereby deemed complete.
Continued processing of your requests will include, but is not limited to, the following actions:
1. A Notice of Application will be sent to all property owners within 500 feet of your site.
These notices will include a request for public comments during a 20 -day comment period as is
required by the City of Yakima. A Notice of Application will be scheduled to be mailed on
September 20, 2016, with the 20 -day public comment period ending on October 10, 2016.
2. Following the Notice of Application, and public comment period, a SEPA threshold
determination will be issued followed by a 14 day SEPA appeal period. If not appealed a staff
report will be prepared by the Planning Division, which will include a recommendation to the City
Planning Commission, as well as any recommended conditions of approval.
3. An open record public hearing for your applications has been tentatively scheduled
before the City of Yakima's Planning Commission for November 9, 2016, at 3:00 p.m. in the City
Council's hearing chamber at City Hall. The Planning Commission will issue a recommendation
to the City Council.
4. Following the receipt of the Planning Commission's recommendation, a closed record public
hearing will be scheduled for a City Council decision regarding your Preliminary Long Plats.
You may contact me at (509) 575-6163 if you have any questions regarding this matter.
Very truly yours,
Jeff Peters
Supervising Planner ®®C.
q Yakima
2015
1012
"AVIVDEPARTMENT OF COMMUNITY DEVELOPMENT
IIIIIIA�```` Panning l �ivisioyn.
A !1 11 &XW Joan Davenport, AICP, Director
iTY KIMA
n )nYiAn , 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday November 9, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
Ci!y Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Joseph Calhoun (Senior Planner); Eric Crowell (Assistant Planner);
Rosalinda Ibarra (Administrative Assistant); and
Lisa Maxey (Department Assistant)
Anda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of October 12th, 2016 and October 26th, 2016
VI. Public Hearing - Preliminary Long Plat of "Englewood Place"
Applicant: Columbia Ridge Homes LLC
File Numbers: PLP#005-16 & SEPA#017-16
Site Address: 7408 Engelwood Ave
Request: Proposed long plat that will subdivide approximately 8.98 acres into 35
single-family residential lots in the R-1 zoning district.
VII. Continued Public Hearing - 2016 Text Amendments (TXT#001-16)
VIII. Discussion on Draft Sign Code Amendments
IX. Comprehensive Plan 2040 Update: Review of the Draft Parks & Recreation Element
X. Other Business
XI. Adjourn
Next Meeting: November 23, 2016 Yakima
0
reed
2015
1994
YPC PACKET:
Al Rose
Silvrfx4O@bnii.net
aar704QftIjiaiLcom
Scott Clark
sclark@stelzerclark.com
Tom Trepanier
tom
rm ere, com;
AGENDA & STAFF REPORT
ONLY:
Columbia Ridge Homes LLC
C/O Justin Hellem
404 S 511t Ave
Yakima, WA 98908
jqgiQh2cqlutjibiard
r� Icon iesxorn
YPC Staff Report & Packet
Distribution List —Columbia Ridge
Homes LLC — "Englewood Place" —
PLP#005-16 & SEPA#017-16
Patricia Byers
Gavin Keefe
gaviq,�j� .0m
PLSA Engineering & Surveying
c/o Rick Wehr
521 N 20th Ave #3
Yakima, WA 98902
rwe
—,-h
Bill Cook
Cook. w@charter.net,
Peter Marinace
gLetgraqo..AzanLie8 agp2ail.q.0_02
DOC.
INDIEN'
# 14
COLUMBIA RIDGE HOMES LLC — "ENGLEWOOD PLACE"
PLP#005-16 & SEPA#017-16
EXlI1IT LIST
CIAPTER I
Supplemental Information & Correspondence
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I-1 Comments Received after the Comment Period 11/08/2016
I -la: Email Comments from Juliane Naumann
I -lb: Email Comments from Peter Naumann
........._..........................._ .. .........
1-2 Notice of Rescheduled Public Hearing & Distribution List 11/10/2016
............. _ _............ .
I-3 Notice of Rescheduled Public Hearing Legal Ad 11/11/2016
.......................................... ..........
....__.._. ................................ ..
=1,u"' �i7111D
EPUB,LIC
YAKImA, [,IEi ALDI
I" "'a Vr
A daily part of your life ) yakima-herald.com
-Ad Proof -
This is the proof of your ad scheduled to run on the
dates indicated below.
Please confirm placement prior to deadline,
by contacting your
account rep at (509) 577-7740.
Date:
11/10/16
Account #:
110358
Company Name:
CITY OF YAKIMA PLANNING
Contact:
ROSALINDA IBARRA,AP
Address:
129 N 2ND STREET
Account Rep:
YAKIMA, WA 98901-2720
Telephone:
(509) 575-6164
Fax:
ssizer((�,yakimahcrald.com
Start: 11/11/16
Stop: 11/11/16
Total Cost:
$65.70
# of Inserts:
2
Lines:
37.0
Ad Class:
6021
Ad Class Name:
Public Legal Notices
Account Rep:
Simon Sizer
Phone #
(509) 577-7740
Email:
ssizer((�,yakimahcrald.com
(Yakima Herald -Republic 11/11/16
YakimaHeraid.com 11/11/16
MEE MEM,
CITY OF YAKIMA
NOTICE OF RESCHEDULED
YAKIMA PLANNING
COMMISSION PUBLIC
HEARINGS
DATE: November 11, 2016:
TO: Interested Parties FROM:
Joan Davenport, AICP, Com-
munlly Development Director
& Planning Marlaer: SLIB-
JECT: Notice of Rescheduled
Public Hearings: I!P.F
N�k T°I�e pub-
lic hearinbeford time Clty of
Yakima P annin(,Cornemispion
for Columbia Midge Homes
LLC—"En low od Place"
(,PLPOo 5.16) and time City of
Yakima 2016 ext Amendments
(I'XT x001-16) scheduled for
November 9, 2016 have been
rescheduled to November 16,
2016 at 3.00 p.m, in lige CityHall Council Chambers due to a
lack of a gUOrum< meUblic is
welcornetoattond ansprovide
comment at file meeting on
November 161K If you have any
questions please contact. Jeff
Peters, Supervising Planner at
(509) 575-6163 or email to J99"
1
24
.r ,�"4".�',S"fu..
(692225) November 11, 2016
Ad Proof
CITY OF YAKIMA
NOTICE OF RESCHEDULED
YAKIMA PLANNING
COMMISSION PUBLIC
HEARINGS
DATE: November 11, 2016:
TO: Interested Parties FROM:
Joan Davenport, AICP, Com-
munity Development Director
& Planning Manager: SUB-
JECT: Notice of Rescheduled
Public Hearings: NOTICE OF
RESCHEDULED YAKIMA.
PLANNING COMMISSION,,,
�i P( } g_pRj("The pub-
lic hearings before the City of
Yakima Planning Commission
for Columbia Ridge, Homes
LLC —"Englewood Place"
(PLP#005-16) and the City of
Yakima 2016 Text Amendments
(TXT#001-16) scheduled for
November 9, 2016 have been
rescheduled to November 16,
2016 at 3:00 p.m. in the City
Hall Council Chambers due to a
lack of a quorum. The public is
welcome to attend and provide
comment at the meeting on
November 16th. If you have any
questions please contact Jeff
Peters, Supervising Planner at
(509) 575-6163 or email to: 'Leff.
patrrrs y��m�mry,
(692225) November 11, 2016
INDEX
°I'Mm T `.
Nab a ILWk DEPARTMENT OF COMMUNITY DEVELOPMENT
N:ntlnr rig Divi siotiPl.
11106. Joan Davenport, AICP, Director
�i ° I Y OF YAle,IAAnning 129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
CITY OF YAKIMA
NOTICE OF RESCHEDULED YAKIMA PLANNING COMMISSION PUBLIC
HEARINGS
DATE: November 10, 2016
TO: Interested Parties
FROM: Joan Davenport, AICP, Community Development Director & Planning Manager:
SUBJECT: Notice of Rescheduled Public Hearings
The public hearings before the City of Yakima Planning Commission for Columbia Ridge
Homes LLC — "Englewood Place" (PLP#005-16) and the City of Yakima 2016 Text
Amendments (TXT#001-16) scheduled for November 9, 2016 have been rescheduled to
November 16, 2016 at 3:00 p.m. in the City Hall Council Chambers due to a lack of a quorum.
The public is welcome to attend and provide comment at the meeting on November 161h. If you
have any questions please contact Jeff Peters, Supervising Planner at (509) 575-6163 or email to:
j,pmpqq�r)y )w�,r �� a Wa gra Y.
Yakima
lblftd
2015
.�
1994
Maxe , Lisa
From: Maxey, Lisa
Sent: Thursday, November 10, 2016 9:59 AM
To: janaumann@gmail.com'; 'PeterNauman n@yvmh.org'; 'Linda.layfield@gmail.com';
'crosepacoordinator@ecy.wa.gov'; 'Carolyncaverson@yahoo.com'
Cc: Peters, Jeff
Subject: Rescheduled Public Hearing - Columbia Ridge Homes LLC - "Englewood Place" (PLP#
005-16)
Attachments: 11-16-16 YPC Agenda.pdf
Dear interested parties,
The Yakima Planning Commission public hearing regarding the plat of "Englewood Place" by
Columbia Ridge Homes LLC (PLP#005-16) has been rescheduled from the original date of November
9th to a new date of Wednesday November 16th at 3:00 p.m. in the City Hall Council Chambers due
to a lack of a quorum at the meeting on November 9th. You are welcome to attend this meeting and
provide comment if you so choose. I've attached the meeting agenda for November 16th. Thank you!
L. sa Maxey
T:: c1pa.rtumerrnt AssistanL ii 1 City of. Yakima Planning Division
(509) 576-6669 Lis M kzir��w re, a_ar
129 N 2nd Street Yakima, WA 98901
E
s9'
Robbie Byrne
9117VVBarge St
Yakima, VVABQSO8
Peter Naumann
CanokmCaverson
7SO4Glacier Way
Yakima, WA 98908
Notice of Rescheduled YPC Public
Hearing
Justin He||enm
550MahlaneSt
Yakima, WA 98908
Linda Layfield
4D6N77"Ave
Yakima, VVA989D8
Lindajay
Project: Cm|ubmnieRidge Homes LLC —"Eng|evvoodPlace" (PLP#OOS-16)
Date: Sent 11/10/2016
]u|ianeNaumann
Gwen Clear, Dept. ofEcology
125OVVAlder ST
Union Gap, VV4989O3
DOC.
INDEX
Peters, Jeff
From: Naumann, Peter <PeterNaumann@yvmh.org>
Sent: Tuesday, November 08, 2016 9:10 PM
To: Peters, Jeff
Subject: Considerations for upcoming housing development
Hello to all and whomever it concerns,
As a resident of the Englewood & 74th neighborhood I would like to bring attention a number of concerns.
The traffic on 74th is extremely heavy already and the heavy machine and truck traffic has been steadily
increasing with other developments in the area. Along with the traffic heading over the Englewood hill for
those commuting on Highway 12 this brings up multiple concerns. The first is that the roads are in need of
repair and are over traveled. The other is that the increase of traffic will continue to ruin the roads and make
the traffic more congested. I would like to see a traffic plan which takes into consideration the development's
neighbors and has considerations for new roads and drainage along the roads with walkways.
In addition to landscaping an additional green space, park or play area in the development would be very
beneficial to the neighborhood. This would help to transform the area and add a benefit to the surrounding
area. While on topic it would also be beneficial to the area to bury current and additional utility lines.
Thank you for your time and consideration,
Pete Naumann
®®C.
INDEX
Peters, Jeff
From: Juliane Naumann <janaumann@gmail.com>
Sent: Tuesday, November 08, 2016 9:41 PM
To: Peters, Jeff
Subject: Englewood/74th Ave proposed development
Hello,
I am a home owner on 74th Ave. I have concerns about the proposed housing
development on the corner of Englewood Avenue and 74th Ave. Let me begin
by saying that I am against a housing development going into this area. I'm
concerned that there will be an exit road that will be pointing directly at my
house and I will have extra traffic and light pollution at night shining into my
windows. I'm also concerned in general about the additional traffic that will be
outside of my house on 74th Ave. I, like many of my neighbors, have small
children. North 74th Ave. has become a thorough fare on which many people
abuse the speed limit. I fear what will happen with the added traffic coming
from a new housing development. Also, 74th Ave. is a very worn out road. Is it
suitable for all the extra traffic that these homes will bring? Finally, this
vacant land is a home to a community of marmots. Many people drive to our
subdivision, park their cars and get out and watch these animals. I would much
rather see that area be turned into a nature path to allow the people of our city
to continue to enjoy this wild life.
If the housing development does indeed go through, I would like to see some
greenspace such as a park be a part of this development. There so many
children that live in this area and there is no park within walking or biking
distance. As a homeowner and tax payer, I would really like to see greenspace
as a part of the development.
Thank you for taking the time to hear and consider my concerns.
Juliane Naumann
1
INDEX
,p
Y�' . I
City of Yakima
2016 Text Amendments
TXT#001-16
Yakima Planning Commission
Open Record Public Hearing
October 26, 2016
*Rescheduled to November 16 2016*
EXHIBIT LIST
Applicant:
City of Yakima
File Numbers:
TXT#001-16
Site Address:
N/A
Staff Contact:
Jeff Peters, Supervising Planner
Table of Contents
CHAPTER A Staff Report
CHAPTER B Application
CHAPTER C Draft Ordinances
CHAPTER D Public Notices
CHAPTER E Supplemental Information
CITY OF YAKIMA — 2016 TEXT AMENDMENTS
TXT#001-16
EXHIBIT LIST
CHAPTER A
Staff Report
DEPARTMENT OF COMMUNITY DEVELOPMENT
AA= KVW Joan Davenport, AICP, Director
Planningu r Y Of YAK WA 129 North Second Street, 211 Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Division's Recommendation Regarding Zoning and
Subdivision Amendments to the City's Urban Area Zoning Ordinance
TO City of Yakima Planning Commission
FROM: Jeff Peters, Supervising Planner
SUBJECT: City of Yakima 2016 Zoning & Subdivision Amendments
FOR MEETING OF: November 16, 2016
ISSUE:
Yakima Planning Commission (YPC) consideration and public hearing of amendments to
the City of Yakima's Municipal Code Title 14 Subdivision, Title 15 Urban Area Zoning
Ordinance, and Title 16 Administration of Development Regulations. Revisions to the
identified titles are requested to correct inconsistencies within the City's land use
application public notice procedures to be consistent with recent changes to state law, to
adopt/codify application procedures for the vacation of public rights-of-way, streets, and
alleys, and update the city's land use fees as directed by the Yakima City Council.
STAFF RECOMMENDATION:
The City of Yakima Planning Division recommends that the YPC hold the required public
hearing, take public input, revise the draft amendments as necessary, and forward the
Planning Commission's recommendation to the Yakima City Council for further
consideration.
HISTORY OF 2016 AMENDMENTS:
In 2015 during the City's Annual Comprehensive Plan Map Amendment process,
Planning Division staff and the YPC identified several inconsistencies between the public
notice provisions of Title 15 Urban Area Zoning Ordinance, and Title 16 Administration of
Development Regulations. Therefore, in early 2016 City staff undertook a
comprehensive examination of its develop permit application/processes and found
numerous inconsistencies between the two titles, references to parts of the code that
had previously been repealed, and areas that were no longer consistent with state law.
On February 10, 2016, Planning Division staff presented its findings regarding the
inconsistency of the two titles to the Planning Commission who agreed and directed that
staff should proceed with drafting a text amendment to the YMC.
During the month of June 2016, the City of Yakima Planning Division processed several
difficult right-of-way vacation applications. Following completion of these applications,
the City of Yakima Legal Department requested that the Planning Division and Planning
Commission add a new section to the Municipal Code codifying the states and City's
existing right-of-way vacation procedures RCW 35.79 and Resolution R-2013-089, and
Yakima
D
INDEX 2015
R - 1994
establishing a right-of-way vacation application process. On August 10, 2016, the
Planning Commission was made aware of the request and the Commission agreed to
include the new ordinance as part of the City's text amendments for 2016.
At its October 26, 2016 public hearing, the Yakima Planning Commission opened the
public hearing regarding the 2016 text amendments, heard the staff presentation, and
continued its public hearing to November 9, 2016, to consider an additional text
amendment to the City of Yakima's Land Use Fee Schedule.
At its November 9, 2016 continued public hearing, the Yakima Planning Commission
was unable to open the public hearing due to lack of a quorum, and rescheduled the
public hearing to November 16, 2016
PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENT:
The proposed amendments for 2016 can be broken down into two categories: 1)
Revision of Titles 15 and Title 16 for consistency of public notice procedures and state
law; and 2), codification of right-of-way vacation procedures established by state law
RCW 35.79 and City Resolution R-2013-089.
1. Revision to Titles 15 & 16 for Consistency of Public Notice Procedures, and
State Law:
Description of Proposed Amendment:
a. Title 16 Administration of Development Permit Regulations is proposed to be
amended to be consistent with state law, both correcting public notice
procedures, timelines, and public hearing processes;
b. Title 15 Urban Area Zoning Ordinance is proposed to be amended to revise:
1. The public notice and hearing provisions of YMC 15.10, 15.11, 15.12, 15.13,
15.14, 15.15, 15.16, 15.19, and 15.20 to be consistent with Title 16 and state
law; and
2. Removal of outdated and incorrect code references from the entirety of Title
15 created by the passage of previous ordinance amendments.
2. Codification of Right -of -Way Vacation Procedures:
Description of Proposed Amendment:
Title 14 Subdivisions is proposed to be amended to add a new chapter 14.21 Right -
of -Way Vacation. The purpose of this new chapter is to establish the procedures,
notice requirements and fees for the vacation of public streets and alleys within the
City in conformance with the authority granted to the City by Chapter 35.79 RCW,
and City Resolution R-2013-089.
3. Land Use Fee Amendment:
Chapter 15.26 Land Development Fees is proposed to be amended to increase the
land use development fees for the City of Yakima to provide for a 50% recapture rate
of the city's cost to process land use applications.
INDEX Page 12
ANALYSIS OF PROPOSED AMENDMENTS:
The proposed amendments, although not substantive in regard to their impact on
existing or proposed land uses, or existing development standards, will serve to correct
existing conflicts within the City of Yakima's development code and establish a clear
application process for the vacation of public right-of-way, streets, and alleys.
In particular, the amendments to YMC Titles 15 & 16 will:
a. Amend YMC 15.10 Conditions of Approval/Administrative Adjustment of
Standards to correctly reference the provisions for Modifications of YMC 15.17,
and provide corrected public notice procedures;
b. Amend YMC 15.11 General Application Requirements to allow for submittal of
digital application materials, provide a new public notice/process table (Table
11.1 Notice Requirements), provide a file closure process for inactive
applications, correct 15.11 to allow issuance of zoning decisions concurrent with
State Environmental Policy Act determinations, and update the procedures for
posting of notice for land use actions;
c. Revise YMC 15.12 to be consistent with the City of Yakima Planning Division's
practice of requiring a zoning decision and approved site plan prior to issuance of
a building permit;
d. Amend YMC 15.13 Type (1), 15.14 Type (2), and 15.15 Type (3) Reviews to
have consistent public notice processes which is in alignment with the city's Title
16 Administration of Development Regulations chapter;
e. Amend YMC 15.16 Appeals to:
a. Add YMC 15.16.015 Conflict of Provisions, which directs that in a conflict
of notice provisions Title 16 prevails;
b. Add YMC 15.16.030 Consolidated appeals, which provides provisions for
the consolidation of Land Use decisions and SEPA appeals;
c. Add a process for submittal of written memorandum and rebuttal on
appeal of environmental and land use decisions;
d. Revisions of the YMC 15.16 to be consistent with Title 16 and state law.
f. Amend YMC 15.22 to include separate processes and notice requirements for
Use Interpretations that are both site specific and non -site specific and limit the
authority to add additional land use categories in Table 4-1 to the City of Yakima
Planning Commission and City Council; and
g. Amend YMC 15.26 to increase the city's land use development fees to provide
for a 50% recapture rate of the cost to process submitted land use applications,
rebalance the shared cost of development within the City of Yakima, and reduce
the burden of the cost of development upon the city's general fund.
2. Adoption of YMC 14.21 will establish clear procedures, notice requirements, and
fees for the vacation of public streets and alleys within the City in conformance with
the authority granted to the City by Chapter 35.79 RCW, and City Resolution R-
2013-089. Furthermore, adoption of the new chapter will also reestablish an
exemption from payment of compensation for property of which the City has not
purchased, maintained, nor made improvements to, and no planned or anticipated
public purpose exists for maintaining the public right-of-way as previously
established by City of Yakima Resolution No. 2007-126.
INDEX Page 13
ENVIRONMENTAL REVIEW SEPA
This project is categorically exempt from review under the State Environmental Policy Act
because it falls below the City of Yakima's flexible threshold for SEPA, as established in
WAC 197-11-800 (19), as these text amendments result in no substantive changes to use
or modification of the environment.
PUBLIC NOTICE
Date Accomplished
Notice of Public Hearing
September 30, 2016
Legal Ad Publication
September 30, 2016
Continued Public Hearing Notice Legal Add
October 28, 2016
Rescheduled Public Hearing Interested Parties
November 10, 2016
Rescheduled Public Hearing Web Posting
November 10, 2016
Rescheduled Public Hearing Legal Add
November 11, 2016
CONCLUSIONS
The amendments to YMC Title 14, 15, and 16 are minor in nature, but will result in
an enhanced public process that increases predictability and reliability for the
public.
2. The amendments to YMC Title 14, 15, and 16 will serve to rebalance the shared
cost of development within the City of Yakima and reduce the burden of the cost
of development upon the city's general fund
3. No adverse impacts have been identified by the approval of these amendment
requests as the changes result in no substantive changes to use or the
environment.
4. The requested text amendments to the City of Yakima's Zoning and Subdivision
Ordinances are supported by the City's Yakima Urban Area Comprehensive Plan
2025.
RECOMMENDATIONS
The Department of Community Development recommends APPROVAL of these text
amendment requests.
SUGGESTED MOTIONS:
Approval:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the Planning Commission adopt the findings of fact and order that the draft
ordinance dated November 16, 2016, be forwarded to the Yakima City Council with a
recommendation for approval.
Approval with modifications:
INDEX Page 14
Based on the testimony and evidence presented during this evening's public hearing, I
move that the City of Yakima Planning staff modify the findings of fact and draft
ordinance dated November 16, 2016, to include the changes noted in the minutes of this
evening's public hearing, and with these changes move that the Planning Commission
approve the modified findings and ordinance, and order that the modified draft ordinance
be forwarded to the Yakima City Council with a recommendation for approval.
Denial:
Based on the testimony and evidence presented during this evening's public hearing,
move that the Planning Commission reject the findings of fact and order that the findings
be modified to include the following reasons for denial, and order that the draft ordinance
dated November 16, 2016, be forwarded to the Yakima City Council with a
recommendation for denial.
INDEX
Page 15
CITY OF YAK MA — 2016 TEXT AMENDMENTS
TXT#001-16
EXHIBIT LIST
CATER
Application
B-1
Text Amendment Application
09/26/2016
...................... ....._..... ....uu...__....
LAND USE APPLICATION
CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT
�) F Y.+�KI M A� 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901
i PHONE: (509) 575-6183 FAX: (509) 575-6105
INSTRUCTIONS — PLEASE READ FIRST AND ANSWER ALL 2UESTIONS COMPLETELY,
If you have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments and
the filing fee are required upon submittal. Filing fees are not refundable. This application consists of several parts. PART I - GENERAL
INFORMATION, PART II — SUPPLEMENTAL APPLICATION, and PART III — CERTIFICATION are on this page. PART II, III,
and IV contain additional informations ecific to your zro2osal and MUST be attached to this 22je to com tete thea lication.
PART I — GENERAL INFORMATION
Name: I City of Yakima Planning Division
Name: City of Yakima
3. Property Owner's ............ .........t. --........- .......-.
Information (If other Mailing Address 129 N 2"d St
Yakima WA Zip
than Applicant): .. CitySt 98901 Phone �......... ....... ....
E -Mail:
4. Subject Property's Assessor's Parcel Number(s),-
N/A
umber(s);
N/A Municipal Code Update
5. Legal Description of Property. (if lengthy, please attach it on a separate document)
N/A Municipal Code Update
......... ............... .......
6. Property Address.
_______
........ - ......-- .........
N/A Municipal Code Update
—....... .....
..,.......
..................... ....
7. Property's Existing Zoning:
ESR ®R-1 ®R-2 ®R-3 NB -1
OB -2
®HB ®SCC ®LCC ®CBD ®GC ®AS
®RD
®M-1 ®M-2
... ..................... ---- ......... ................................. ..... ...__
8. Type Of Application: (Check All That
Apply)
...........
❑ Administrative Adjustment
❑
Environmental Checklist (SEPA Review)
❑
Easement Release
❑ Type (1) Review
❑
Right -of -Way Vacation
❑
Rezone
❑ Type (2) Review
❑
Transportation Concurrency
❑
Shoreline
❑ Type (3) Review
❑
Non -Conforming Use/Structure
❑
Critical Areas Review
❑ Preliminary Short Plat
❑
Appeal to HE / City Council
❑
Variance
❑ Final Short Plat
❑
Interpretation by Hearing Examiner
❑
Temporary Use Permit
❑ Short Plat Amendment
❑
Modification
❑
Overlay District
❑ Preliminary Long Plat
❑
Home Occupation
❑
Binding Site Plan
❑ Final Long Plat
❑
Comprehensive Plan Text or Map Amendment
❑
Planned Development
Plat Alteration —Long Plat
❑
Short Plat Exemption: .. .. .................................
®
Other: Text Amendment
PART II — SUPPLEMENTAL APPLICATION —
[❑
SEPA CHECKLIST
9. Environmental Checklist see attached forms
PART III — CERTIFICATION
10. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge
Property Owner's=nate Date
Applin^ s Signature Date
FIL PPLIC4aTION() - '
DATE FEE PAID: RECEIVED BY: AMOUNT PAID: I RECEIPT NO:
,L)OC.
69 ESC
CITY OF YAKIMA — 2016 TEXT AMENDMENTS
TXT#001-16
EXHIBIT LIST
CHAPTER C
Draft Ordinances
ORDINANCE NO. 2016 -
AN ORDINANCE relating to the regulation of land use and development in the City of
Yakima ammending Title 16 Administration of Development
Regulations of the City of Yakima Municipal Code to be consistent
with state public notice procedures.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 16 Administration of Development Regulations of the Yakima Municipal
Code which revised the City's public notice procedures to be consistent with state law; and
WHEREAS, the Planning Commission has held multiple public meetings on the proposed
amendments on February 10th March 9th, April 13th and 27th, May 11th, and August 10th and 24th
2016; and
WHEREAS, the Planning Commission held an open record public hearing on October 26,
2016, pursuant to notice, and has received and considered all evidence and testimony presented;
and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a closed record hearing on November 15, 2016,
pursuant to notice, to consider such amendments as recommended by the Planning Commission;
and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 16.01.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.01.020 Applicability.
The provisions of this title shall apply to all applications for land use development or environmental
permits subject to review under the following titles or chapters of the Yakima Municipal Code:
A. Title 14, Subdivisions.
B. Title 15, Yakima Urban Area Zoning Ordinance.
C. Chapter 6.88, Environmental Policy (SEPA).
Flo+ --[ entage r4aveui ion:...,
INDEX
#-LL5�.
Section 2. Section 16.01.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.01.050 Conflict of provisions.
Subject to the provisions of state law, this title shall govern procedural aspects of all development
project permit decisions within the city of Yakima, oir Washington. In the case of conflicts between
this title or parts of this title and other rules, regulations, resolutions, ordinances, the procedures
of this title shall govern. (Ord. 98-66 § 1 (part), 1998).
Section 3. Section 16.02.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.020 Closed record appeal.
,Closed record appeal' means an adirMnistraflv N�f�r R cur.,. 6mra lrr �n� � Ncr.,pB fr yf�rr�on�rarr ���
�.,......... a a yw... .f � a .,. d „h "aa�rin on a� prfCo„���° � �nrlrlh�ll
or r°rffur�r iirrrmllurrfuu�r�r fl�Ni� Iloa ui ���Nifuv�....lfmrrrf frmN@rruy�irr� arid. c�mmirr.. record feu f�,
r2llucrmfmoin hei the._ ppNwrrll 6rmw fi � I iiP cure riIth n oir Iliiirrliat newevidence ¢�,irpikiforirrenm�N"ioin
.
a IRo o Nc by j�munrr fitter a�rr� ...O ally. pf�ffp� a r n�rfu orf ��iNp r .. NW � n� �� w � � ) � u � rr�r� ppeaN
raond,u(. ed by t he Yak m ua—ai y Geun6l follo n a p n4ecor h�4rJng (.*nducAedb - Ngo- aa6i
..o t*,m .basis. of -the- reoc)f
oofrr rfiho N af.,,fho opei ,eG,Gr'r tiea rin ,-arid -oNy-appe,34.-,3rg
ol-"pm`'nrprr�.of f�orrm�um�o,-�N�o ply r,�om�m�N� �m��y wllrm f"�r�nmm�urra"I c �o,.���N�Nm"rmonfr�m y..flru"rmfm...udom
rviormco.ru...rn rforrnallom m. O �3 6� �u -(p m.N 91:
Section 4. Section 16.02.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.030 Department.
"Department" means the department of community and- c ),n ornic development of the city of
Yakima. (Ord. 98-66 § 1 (part), 1998).
Section 5. Section 16.02.040 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.040 Director.
"Director” means the director of the department of community and -e rr noMiG development or
his/her designee. (Ord. 98-66 § 1 (part), 1998).
Section 6. Section 16.02.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.050 Open record hearing.
pen record hearing" �.,p .a hro_r.u"ea . pulul ... ._ y.n �ir�.. �fm� _�fror officer rf .ps o. �t..h.oru_a_o�
..
Nf. III N m 11 ff ygrnyff irmf w�f ... iru jfNw � II IVuf i g� ur �.,.. 11 mcreates„.the II cam ,.p �u �Nu ii mii i qm qi utW^�.,.reco
! [,[qq h u rl.p
p fuffy qnd ; rlbirni sa oirn of evideince and n orma fir�ur�L gi�r �r r �� fmfNr� mi r� r��oi m� day
p r N � c yfffn a
11.1,1y gr61narnce pr resolumul oin Ar,,o N N record hear ni ,y,..,2 Ju��1f1 fir rpu,; to
ffcarN r pyfarrmfrNf iruf decim�nr° a a� iru ”"o u� N'�'����� r m a �r
ooum...
a �..W.W.. � Firm r�rf.........pllN�r m j �r.rrnum No Ir Ilrnrsrn ami.... mr irn r.f r�r �irr rfrmr le�uoir..
uiu ."" fur o rrru rracrrrrf Ilurr u9iurr a„°uno mwr irrmir oru oirm mrmrum r: 11 fry be lyir°rcuurirr ori m ru ... oir� rrwrmgo
fpf aafVmjjt f°au Nu."p of p pppfr qL [ pr�pdegisi n he rpra . rrf p r j q t9 � . ct rNmnau —0
.am ""fahqpf�moons rr pmr�Ni�.-her`fm;m�, ooru�u�of{=uf Nfy_ftia'a- har;�mfumf o;mmmNmm¢m'-=f"h�- Wmonm°l�n m��r�rf�s
th eo evide nfm a n y....rr crmn --piA- rsi:sarit to-ptrocedwr s f resrmm kaed...y.. cn din. mrrn om -re cAut e, m,....[N�pendirl9
or„.r...ffro,..fyfm m f---- prr j of -rasult._i n,,...r
aµocrrrrr°ror�rl�,�f�orr..fo fhe oul;y..�r�rrmnr�m.l..,om r� furuaN ��+rriwmrm r:rm' a.rrv:��of...rrnf afplircnfrorr.o,r.m.�y..or�currr
r:�, N�or� of..o�opporN ref on odr��arrnfr�mvoo�fuor�-orr�_�roje�f tom°rrif s+fplo-orfior. �mrg��mrr- ,r�r°d
N o rin -.n ry..hs,.. Nn�d f...pruon fo ... om�norr..on. ....frrr focf horn of fra fir kn,Gwn, as. wi 2open--r cxard
2INDE,.
.
n - a quo- iel
(Ord,, -
Section 7. Section 16.02.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.060 Project permit application.
"Project permit" or "project permit application" or "project application" or "permit" n,ig i ns any...!gna i.
tme plr" enviA" nmenta r nn P Vd � r r r lin to t i � p rq rrVnn pry pl; rptir rr.,
.w. t
�rucllu�rtwrr
but not Ilulnll°um ". _ s._...ns, ne qer q ricp....gdtl
�... .. qc� �n.�c� Iltrurliillr��ruti �purm,�;r...,rrut�rnu�ruurur~n grul�u°�uui 1... �..�.�.. �.�'��
rtoudr�gru rnrnrul°rcrrirmr lnquurmru�q orae shoirellgne suulb tairug4l druu ;Iliruuerrt��, rsirrruuts , sIll ie iew,
pp pruml � �pu ur i r,,, r u uu, a la fa! tiCAL.W a r inan r�....��� ���� uric rezione ��utV rued . y._
�qt, . xp, a in the � i��, on oir airriiein ii eir it .. of _zn
cor r r hor��r e uq ru ruutr urr i nr rrr r1u meta rrrucu t a ruiot.icruc r r r r rl as. otherwise
rr cgtuc ql
nr��rmrt q°u
. reiirlu. @ 36. t B,.0 0 rr°rr~ran s-arr lerurt u� �r a uvgr�r ruu r d su a r�u u r gacu c a r r rr a u°off
Section 8. Section 16.02.070 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.070 Public meeting.
,Public meeting„ r pwpwns, an uriforras rum eefi�rtt.a ..lwreprwewn � nntntr �P�ptt ��� p��rr�r .q,ntt lrp..o p�q�°r� of
P, @2 d tc..obtain corrtlteintr (iroirin tll'pe rrl?hg cum rn bprr p�gerur lira§ 29 n;
to,the l lLclg r.inrm eiirlt's de( isk)limw.w lttpwl mlliic Itru n t�iitttymwirmr, wiirii LAP but is Ino IlHirurrfte.d toes" r�1,
review r to ptuq n n n nr q coiritrol....brd metu'O.%.. t or q re0 stdc ...q a u a It
Ei
.6,je tour ,„mrd� p rlo ra mA pu m u r wq m 1, �r vl r marten JIM g statement
n n ..uu r I u w rM an...ptm uwn or tiw u r rmutt. n q p nm � uu a1� ... q qi a nuI L92a..jLxp, g.ded.annd
u 11 pul clr .Precr rnrn nuurta,tmcmu ung grm"`...indluu the � cwuq t can lrurutrc'prt"� u:pllr"r t. p" tc��uirmu.�...rnmu Iliigafioirl
7
� u ur....�
tugr �(tt„ t�...tm )..r"rrr�:mm �rm..gmrtr�,rdlWrr�mmnmr��.,'q"ur�wrm,�...cr'�rgmu.p...rr ctqurm�u:r�g�c�rl�4°urmr�
apt-pecpto.tc obtain com�uinr ie its trmurmr -thra, peirr ft -prior
to -t' ...l W-govenim- errt° ups rc , pu;mq' gmc um e�turup....rTiay, rrdu d r b, ,,rt t -not rnrnitwn-til„ r r q m
rr,m"�or .or. rr�tmutotumrroq r�r..u:t.u.l..~tcrrt rrrreturutn.,.,. �ru��N M u�ou�lr...,rlrimqr�t or rmrr"ul�u�rri7..�ouwru"��rgq
rr eeficp; or C'r r r prrrrp,..,rr a tlru ori r rtrett rrr qu°orrrmmr a tel uauun o n tr for rormt,....t mrbq r m rrmr;...dom
n t..urioh.,id a n—Gpen reGGr rt...hexorin5; t lir..trrcceer mrrt ....ot .. pu t lir ruror turrtt..rr 7 t re cr rdr . I --r" and r
repWt-~orruTM r urm rrucrrrtotucr� r r� tto urrr=gru �q or°m t ro�oo V tr erl r t"� puna q-perlrrurt...0 pplir tgcr
tgte~. (Qzd:..,ptt 6)6-§
Section 9. Section 16.03.020 B. of the City of Yakima Municipal Code is hereby amended
to read as follows:
B. All building permits including Class..Fypg (1) applications, boundary line adjustments, other
construction permits, or, as determined by the director, similar administrative approvals which are
categorically exempt from environmental review under SEPA, or permit/approvals for which
environmental review has been completed in connection with other permits for the same project,
are exempted from the provisions of this title. (Ord. 98-66 § 1 (part), 1998).
Section 10. Section 16.05 Appendicies of the City of Yakima Municipal Code is hereby
amended to read as follows:
Sections:
16.05.010 Notice of application.
16.05.020 Contents of notice of application..
®®C.
INDEX
16.05.030 Public comment on the notice of application.
16.05.040 Notice of application and SEPA integration.
16.05.050 i c-. Cfice of, ublic hearing-Eg%lirernents.
Section 11. Section 16.05.010 C. of the City of Yakima Municipal Code is hereby
amended to read as follows:
C. If the application is subject to an open record public hearing, the date of the public hearing
shall be included in the notice of application and the notice of application shall be provided at least
flfteeatwei2ty days prior to the open record hearing. The provisions of YMC 16.05.030 shall also
apply. (Ord. 2010-31 § 6, 2010: Ord. 98-66 § 1 (part), 1998).
Section 12. Section 16.05.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.05.030 Public comment on the notice of application.
All public comments on the notice of application must be received in the department of community
and ecaanornic....-development not later than five p.m. on the twentieth day after the notice of
application is issued. If the twenty -day public comment period ends on a weekend or holiday, it
shall be automatically extended to the end of the next business day. Comments may be mailed,
personally delivered or sent by facsimile. Comments should be as specific as possible. Any I r: lk)l
coira°rare�ent a(:.)a.�ei�de Il iFr City oC a, kiff F°�Ilr:�ir iniirrlg givi's,a ini a a�w t.n Co ���~.c( ri ff' ire*�° it
.m........................................................................................y.........................................................................................................1...........................................................1...................._............WWWWWWWWWWW..,..W....m...M�F...............W....................__�.....
i. w.SIIl,Fi be added. to trie_uc�u �ap�w...s.h..e.....ie.e�be ..e.ne.eC.i.C.l...'d..Cg.�a��i „�Q��n.Cg.e.... .and/or Codion
�...............................
assoiciated.wR,h...) em. p Vra 1JC = (Ord. 98-66 § 1 (part), 1998).
Section 13. Section 16.05.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.05.050 Notice ..o Public hearing requirements.
A. The notice of application may include the notice of open record public hearing for permit
applications which require open record public hearings. The notice may be either a postcard
format or letter size paper.
B. Content of Notice of Public Hearing. The notice given of an open record public hearing
required in this chapter shall contain:
1. The name and address of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of either a vicinity location
or written description, other than a legal description;
3. The date, time, and place of the hearing;
4. A description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to the use of a map or postal address and a subdivision lot
and block designation;
5. A brief statement of the nature of the proposed use or development;
6. A statement that all interested persons may appear and provide testimony;
�' 4
7. When information pertaining to the application may be examined and when and how written
comments addressing findings required for a decision by the hearing body may be admitted. (Ord.
2010-31 § 8, 2010: Ord. 98-66 § 1 (part), 1998).
... u� r slentntii �n Ill t putmired ._,.,, n aIln �pii � � � rrrirrrrtri�ha ll I nt. .. rnirra e
�� ���� ... „. �.i�t. ���� r�rnp��� ��� t��rrs Ihnrro^^ �
In ....w¢rr ..event that ttp at t Crr rit or l olr her t w.t r s p d rJs nofipup onrtr.riit 9,ie tnt......rf deo h"ne nrnu
the head g shali...be carie 6lHled and ires.....wl. e(fifle.d:,w,b the
�rnt tutN A,n in this tntlle,
Section 14. Section 16.07.030 C. of the City of Yakima Municipal Code is hereby
amended to read as follows:
C. If the city is unable to issue its final decision on a project permit application within the time
limits provided in this section, it shall provide written notice of this fact to the applicant. The notice
shall include a statement of reasons why the time limits Gari nol:lcaiii'°nii°iot be met and an estimated
date for issuance of the notice of final decision. (Ord. 98-66 § 1 (part), 1998).
Section 15. Section 16.08.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.08.020 Open record appeals subject to review by hearing examiner.
A ....°t .tre rn°inti neon°ntno ... t nlP ire rr pe R ..tn nor o...he rant l qp , rimer wxarniner
haH II 1,mair ttp ola awi�.. cant � ^I iir mm n � g� �nlflll l u� gnu m the m Il c u uiuir .. �'�
thio, event,that the.appin q!it oil, his or, her rr* rezA , niativ, i's ..not p.ti.µ ttt! g...thip firnie of the hearlrjg,
tlhn � l egair n q s,b,aH w..cain &lll d and ...reschdUl d b j V�Mw�° Jj,!Iq ,�ivis �on,with_ .pt�irmp � a�j
rnotiL.e r
nen in" Arttr tlanis tiitlo.
B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision,
including posting of property and published notice.
gym_.,...... ..staff n tent � li..tu aot rpul fn& train nnntted to the examia�or liwr�rtrninp..�ttlr ntt�ua � nrn
.ro ..........._.
„...:., �._....... " .. �.. _�..." .� i a rnr TM~wi�n ti @,c of ..t art gull and Wash" �� h��r�4w..
the n14 rP9rb r C r nr . rl 9rn ttr N r [iat ..ordina.
k t )..1� * it � i rtt ttrnr p p na li its r , prr p ptrn ntt...` pyp. gip. is u e a decisiotiu....on� tie to 'RL AH
wnorna of tune_trr airnut giii�mr taus sub � t � !P f SII tr��r �th( r nt oorurno�. �
a a w �.. °.»..». M M a t o p µ w rm.r
� . �" Ill �,���"rt. ttt..�ttt
t ...IV a w(n i4ntu ty lliiiva t tii t irr r rt r oror �u rNll irrn am tt..i.�....itmtiri.t.�....tt.ttt..°...actittt"lu....itnt Imre trrr°wrrr tlVrrrr r�rr Ut�p
Dnp um r Rhin n 0 d a tirorri thedate rpt raga uai nir e of the tnirna~rll dor n noin or action on the rrrr�tu��d nn r
t_
U ur . r. ...�m e . _,. tnp�p.,a h� ch it it°r r� ores cornditlioirn st' llll lire r�,tu.rri n m the City o.t
use � �u ttou a � r�� � �
t to (I a �,
n i:�' Ilnn u��.rir°u Ill..�t� si
uua16nia Pi i.....7.l.nllipp.,
tt.........� ot�tt roMpor"t �Inll t�o..p�ot�u tite.tror�on�itt�t,..t~o ttro..:r"r"gir��rr, rn, lno�rnr�p notew„t.irr
9x--rnanrief ttro appealor-i ashingt n,..Str to
1 t t ,.i nr r rr q e �r,r rr a r.. tra ii.. i n ter ou rn�days-to-.nn rwre...4..(t i rf.)r,-nn-ttrn...ap[aeal...-All,
r1 oir r r .r t..t. o...tuo a ir:r t..n or rrr nor.. rro Sut tent to avert h ora to the-o,uty-r4 rnill....
Section 16. Section 16.10 Appendicies of the City of Yakima Municipal Code is hereby
amended to read as follows:
Sections:
16.10.010 Purpose.
®OC.
INDEX
--31
16.10.020 Applicability.
16.10.030 Procedures.
16.10.035 Exceptions to the annual amendment process.
16.10.040 Approval criteria.
16.10.050 Submittal requirements.
16.10.060 Timing of amendments.
16.10.070 Public process and notice on proposed comprehensive plan amendment.
16.10.080 City of Yakima planning commission recommendation(s).
16.10.090t�)nt- c ity council ar—W— "ak4' a -Cotknty, public hearing.
16.10.095 Development regulation amendments.
16.10.100 Implementation and application of comprehensive plan amendment procedures for
the year 2003.
Section 17. Section 16.10.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.020 Applicability.
(1) The criteria and requirements of this chapter shall apply to all applications or proposals for
changes to the comprehensive plan text or map designations and development regulations,
unless specifically exempted. The following types of comprehensive plan amendments may be
considered through the comprehensive plan amendment process:
(a) Future land use map changes;
(b) Changes to other plan policy maps;; and,
(c) Comprehensive plan text changes.; ain
(2) The criteria of this chapter shall apply to comprehensive plan designations and development
regulation amendments no more frequently than once a year, except that amendments may be
considered more frequently for special circumstances as may be provided for in RCW
36.70A.130, or as the same may be hereafter amended. The review of any proposed
amendments authorized by RCW 36.70A.130 to occur more frequently than once a year shall be
undertaken as provided for in YMC § 16.10.035, which shall be the exclusive means of notice,
public participation, and review for such amendments, any other provision of the Yakima
Municipal Code to the contrary notwithstanding.
(3) Definitions. Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(a) "Comprehensive plan" means the most recent version of the Yakima urban area
comprehensive plan, inclusive of all adopted amendments.
(b) "Future land use map" means the GIS map maintained by the city of Yakima as its
approved current future land use map.
(c)' "Interested parties" means any person or persons who have provided their names and
addresses in writing to planning staff and indicated their desire to receive mailings regarding
a specific land use application within a specified area of the city of Yakima.
2
(d) "Property owners" means the person or persons shown as the owner of a parcel or
parcels on the official records of the Yakima County assessor as of the date of mailing a land
use notice.
(e) "Text amendment" means any comprehensive plan amendment in the form of text
changes or standards modifications, whether in the form of additions, corrections, or other
modifications.
(f) "Plan policy map" means any geographic depiction or map contained in the
comprehensive plan other than the future land use map.
(g) "Planning staff' means staff members of thetycde°ii�r�doe� 16onig
r i isi- ndt%2 rtmle i of CMl uUOA I" wy wlaa� rr gni:.
(h) "Development regulations" or "regulation" means the controls placed on development or
land use activities by 'Y'o iu ina G( fflty othe city of Yakima, including, but not limited to, zoning
ordinances, critical areas ordinances, shoreline master programs, official controls, planned
unit development ordinances, subdivision ordinance, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a decision
to approve a project permit application, as defined in RCW 36.706.020, even though the
decision may be expressed in a resolution or ordinance of the legislative body of Y6,1Jiiiria
the city of Yakima. (Ord. 2004-42 § 1, 2004: Ord. 2004-14 § 2, 2004: Ord. 2003-19
§ 1 (part), 2003).
Section 18. Section 16.10.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.060 Timing of amendments.
(1) The comprehensive plan shall be amended no more often than once per year and no less
often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, in
accordance with the time periods and procedures established in this chapter except in the
circumstances described in YMC 16.10.020(2).
(2) Applications for comprehensive plan amendments will be accepted in ion
an,(J pkin, ing, division. ffice9i e Coryi,,nL��iity,j?gygl!2pili,ent office after the planning commission has
announced, at its meeting in February that the comprehensive plan amendment process is open
for application. The planning staff will accept letters of interest for amendment proposals and/or
suggestions at any time. Amendment applications received in thefld
lio'a�i....rt�v�rirwnrn��ly �ovalo1 office after the last business day in April will be
processed -- i rip 'i3 the next scheduled comprehensive plan amendment cycle, unless submitted
directly by city council pursuant to YMC 16.10.035.
(3) The following public notice will precede the planning commission February public meeting:
(a) Not later than twenty days prior to the planning commission public meeting date, a legal
notice will be placed in the local newspaper of general circulation announcing the planning
commission's February meeting;
(b) µ g (r ." Y ldm 1`11a., q n ng ivision wi Nfidemiou er-n i rE qs renease will
-ointo the Yakima public affairs channel (YPAC) electronic bulletin board not later than
fourteen days before the planning commission public meeting date, lull -the "e 0 1h
inn it 0.00°n irsion rneE4ing;
7
(c) The planning staff will notify the local media regarding the planning commission's public
meeting through a prepared press release; and
(d) The planning staff will place the planning commission's public meeting notice on the city
of Yakima's website.
(4) At the planning commission's first meeting following the last business day in April, the
planning commission and planning staff will review docketed comprehensive plan amendment(s).
At such time:
(a) The planning staff shall notify the Washington State Department of "onir°iiuni
nm,i�d, (o+io�"is � e op�men oriirrier M of the city's intent to process the proposed docketed
amendments;
(b) The Washington State Department of Cornmu—riity..
omrier e shall also receive notification of any specific amendment proposal at least sixty
days prior to final adoption of said amendment proposal; and
(c) The planning staff shall issue a request for consultation with state and local aviation
entities as more fully set forth in RCW 36.70.547, or as the same may be hereafter amended.
(5) The planning staff shall establish timelines for additional review and consideration by the
planning commission so that the comprehensive plan amendment review process for a given year
will be completed in that year's amendment cycle, which shall expire not later than December
31 st.
(6) The planning staff shall provide a complete and accurate copy of any adopted
comprehensive plan amendment to the Washington State Department ofoninr ung Tia:.. n
c,one,,n�c f)e�,elm i ent iii r within ten days after the final adoption of the ordinance. (Ord.
2013-021 § 3 (Exh. C), 2013: Ord. 2003-19 § 1 (part), 2003).
Section 19. Section 16.10.070 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.070 Public process and notice on proposed comprehensive plan amendment.
To provide for the opportunity of citizens, interested parties and reviewing agencies to suggest
and make comments on proposed comprehensive plan amendments, the planning staff will
provide for broad dissemination of information regarding the amendment process. Notice shall be
reasonably calculated to give interested parties, the general public, and government agencies a
meaningful opportunity to be apprised of, and participate in, the comprehensive plan amendment
process. The planning staff shall identify and follow a procedure reasonably calculated to address
public comments regarding proposed amendments.
(1) Except for instances where specific notice requirements are provided for elsewhere in this
chapter, in which event the specific notice requirements shall control, examples of types of notice
which the planning staff may utilize, as appropriate, include the following:
(a) A general mailing to interested parties;
(b) Posting on the city of Yakima's website;
(c) Posting the property with signage, for which a future land use map amendment has been
submitted and docketed;
INDEX
C,-25
(d) Notice in the local newspaper of general circulation at least twenty days prior to any
public hearing and as may be otherwise required by RCW 36.70.390, or as the same may be
hereafter amended;
(e) Announcements on Yakima's public affairs channel (YPAC) of scheduled public
hearings;
(f) Press releases to the local media;
(g) Posting of information at the code administration and planning division and city clerk's
offices, in addition to other city clerk designated locations;
(h) Notice by general mailing to property owners located within three hundred feet of external
property line boundaries designated in a particular amendment application;
(i) Notification to reviewing agencies as may be established by Washington State
Department of ComnrnunJty Tr de pursuant to RCW
36.70A.035(1) and 36.70.547.
Section 20. Section 16.10.080 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.080 City of Yakima planning commission recommendation(s).
To provide for the opportunity of citizens, interested parties and reviewing agencies to review the
recommendation of the city planning commission to the (omult... :.e.,Nqg of time city council and
Yakima- regarding comprehensive plan amendments, the following
procedures shall apply:
(1) The city planning commission shall provide a recommendation on each docketed
amendment proposal with findings of fact to support each recommendation based on the approval
criteria set forth in YMC 16.10.040; and
(2) The planning staff shall notify the pu_bti.o..oli-ttmo,.rnm t pi rmmmmrm or uosu � a a + r �M wu you° a l.ioo
by- ....ty „m tolt(. uogant and artuo n ���' rc°: nosh umt tp...guty...j�f�ll����ir�uu°i� � pirnission,"
p E u imein( Uimgin mind„1111 lk ii( av lry hl jpu pUbl p;,LbO a;i
(a) Not later than twenty days prior to the jo 4 --city council omrri.... Yaks : ty
Gowm mis6uonem-o` public hearing date, a legal will be placed in the local
newspaper of general circulation announcing the �o4:it city council .rnrt._`i(M,6urmo Couinty
m°iooiomniwmo public hearing;
(h)........ a or ruo or oouo4 i.. mmi& ;rmm oma ku .i mni inc o oe s o , r y �N .eleGtr nic, btriHe 4l 1
board a rico orad..... `Y,�*, maGGumy
comm�u a um rmers". m ntmo...k ruunq. l te.rumu ml u,ln tm .of lme J mmu t uty o m r mt er"nr akimo- ;rcounty
rm°mmnu�m�moimm'norr�' tmmhpuo..l�mmrmmmn;g
(opt) The planning staff will notify local media outlets regarding the �oh*city council a -PA
yokioo�rommatycor�musoiuo-s public hearing through a prepared press release; and
(dbc) The planning staff will place lkie j<)int city council and "4*6irrna Gou,mrrt.y
mon mmomiss�m rmerr;"public hearing notice on the city of Yakima's website. (Ord. 2010-22 § 13,
2010: Ord. 2003-19 § 1 (part), 2003).
9
®OC.
INDEX
r
Section 21. Section 16.10.090 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.090 Jci�1i4A ity council and m, rsstone,irs! public hearing.
At a join, meeting of the city council w4Y—akir a, two, elected I iwsy
will review the city planning commission recommendations regarding any docketed
comprehensive plan amendments and hold a public hearing to provide citizens, interested parties
and reviewing agencies an opportunity to comment on the recommendations.
O l int public hearing of the city council n u �, try � r m Bio( -I r !
1 The notice of the
on the recommendations of the city planning commission will be promulgated by the city clerk
pursuant to the process for regular business meetings of the city council, and will include the
following:
(a) The time, location, and date of the }ei*city council ai l Yaki a,Goumy wairnisSiooars'"
public hearing;
(b) A copy of the agenda item; and
(c) A list of all comprehensive plan amendments to be considered at the hearing.
(2) An open record public hearing will be conducted by tl�u�c�l�n�yrao���ty
Xprrrrm.s.skpnerst1ltntw uty e.mp ��o� 'iU to hear testimony regarding each amendment under
consideration.
(3) At the conclusion of the hearing, the city council shall direct planning staff to prepare
legislation to approve, approve with conditions, or deny each amendment under consideration
and shall identify findings of fact to support each decision based on the approval criteria set forth
in YMC 16.10.040.
(4) At a subsequent city council meeting, the city council shall enact an ordinance adopting their
decision reached at the
font r irly council -ails Cnty corrrissioners" public hearing.
Following city council action, notification of the ordinance shall be accomplished in the following
manner:
(a) The planning staff shall provide a complete and accurate copy of the adopted
comprehensive plan amendment(s) to the Washington State Department of Goalmr -,jni y
rw
�ou�uu�r��u ce within ten days after final adoption; and .
(b) The city clerk shall have a sumnnaCy_pf the approved comprehensive plan amendment
ordinance published in the local newspaper of general circulation;
(c) The city clerk shall post the ordinance to the city's website as an ordinance amending
the Yakima Municipal Code. -i sddit tfe...irst1 sift slil pest tt rorlrrhei �slv qr
arn er drrients on -the- e- city^ ebsRe in-.,rx,,cordame With,14� chapter,
Et l ire o Naos u t o� ro cert or rner sliaH remove ally Iranand use a tioirl sL !2s from the u� or t
......ww pt. .,...t y..m, µ mm f1.,., ..,,w,,,, t
yw.. .dlsicou°i...�t.l:.. ctiol'�...or''i. �liiie
Bopp w i i ut wo tw fs t l l date to pf us ��tt:m rr of ttu tiiir 11 rt�P...
uriderjy�ru..' _ 1 n .. iii etuo ,s�g,LipgU r P „,IqApqoj qqi16fion st 11 be returned t
the 6ty of "akh- m Ian�Nil% t i 9 uotl., (Ord. 2010-22 § 14, 2010: Ord. 2003-19 § 1 (part),
2003).
10
DOC.
INDEI X
Section 22. Section 16.10.095 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.095 Development regulation amendments.
Changes to the development regulations of the Yakima Municipal Code, unless otherwise
provided for, shall follow the amendment procedures of Chapter 16.10, comprehensive plan
amendment procedures, except the general mailing to property owners located within V"N e,300
huridrf:ld feet of external property line boundaries, as stated in YMC 16.10.070(1) public process
and notice on proposed comprehensive plan amendment, shall not apply. (Ord. 2004-14 § 3,
2004).
Section 23. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
Section 24. The findings within the October 26, 2016, Yakima Planning Commission's
Recommendation, regarding these proposed text amendments are hereby adopted by the Yakima
City Council as its findings in support thereof pursuant to YMC § 15.23.030 (F), and are
incorporated herein by this reference as if fully set forth herein.
PASSED BY THE CITY COUNCIL signed and approved this day of
November, 2016.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Kathy Coffey, Mayor
® 11
INDEX
#
ORDINANCE NO. 2016 -
AN ORDINANCE relating to the regulation of land use and development in the City of
Yakima ammending Title 15 Yakima Urban Area Zoning Ordinance
of the City of Yakima Municipal Code to be consistent with state
public notice procedures, and the provisions of YMC Title 16
Administration of Development Regulations.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 15 Yakima Urban Area Zoning Ordinance of the Yakima Municipal Code
which revised the City's public notice procedures to be consistent with state law, and Title 16
Administration of Development Regulations; and
WHEREAS, the Planning Commission has held multiple public meetings on the proposed
amendments on February 10th March 9th, April 13th and 27th, May 11th, and August 10th and 24th,
2016; and
WHEREAS, the Planning Commission held an open record public hearing on October 26,
2016, pursuant to notice, and has received and considered all evidence and testimony presented;
and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a closed record hearing on November 15, 2016,
pursuant to notice, to consider such amendments as recommended by the Planning Commission;
and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Amendments to Replace and Supersede. The Yakima Urban Area Zoning
Ordinance Title 15 is hereby amended as show in Exhibit ' A", which is on file with the City Clerk
and all such changes are intended to replace and supersede all sections of the existing City of
Yakima Urban Area Zoning Ordinance.
Section 2. Validity. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance.
Section 3. Ratification. Any act consistent with the authority, and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 4. Authorization to File. The City Clerk is hereby authorized and directed to
file a certified copy of this ordinance with the Yakima County Auditor.
Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL signed and approved this day of
November, 2016.
ATTEST:
City Clerk
Publication Date:
Effective Date:.
Kathy Coffey, Mayor
DOC. 2
INDEX
�` ....
Exhibit "A"
Yakima Municipal Code
Title 15 YAKIMA URBAN AREA ZONING
ORDINANCE*
Title 15
YAKIMA URBAN AREA ZONING ORDINANCE*
Chapters:
15.01
Title, Purpose and Jurisdiction
15.02
Definitions
15.03
Zoning Districts
15.04
Permitted Land Uses
15.05
Site Design and Improvement Standards
15.06
Off -Street Parking and Loading
15.07
Sitescreening
15.08
Signs
15.09
Special Development Standards
15.10
Conditions of Approvat/Administrative Adjustment of Standards
15.11
General Application Requirements
15.12
Permits
15.13
Type (1) Review
15.14
Type (2) Review
15.15
Type (3) Review
15.16
Appeals
15.17
Modifications to Existing or Approved Uses or Develolaanent
15.18
Existing Uses and (Development
15.19
Nonconforming Uses, Structures and Critical Areas
15.20
Administration
15.21
Variances
15.22
Interpretations
15.23
Amendments and Rezones
15.24
Revocation of Permits or Approvals
15.25
Violations and Enforcement and Administration
15.26
Land l Development Fees
15.27
Critical Areas
15.28
Master Planned Development Overlay
15.2.9
Wireless Communications Facilities
15.30
Airport Safety Overlay (ASO)
15.31
Institutional Overlay
Appendix A Yakima Urban. Growth Area Legal Description
Appendix B Designated'rype 2 Stream Corridors
* Prior legislation. Ords, 93-10, 94-7, 95.5, 96-19, 97-9, 98-9, 99-13, 2001-76 and 2005-84.
Page 2/294
Doc.
NDE
1la�t �'' �i �ieskH t�IGdcu��ky a tc�wi k olrr• 'mt'1,11 11 (-)rdkl,dnc 20 5 1'sl prsMsed ;, 2t)�5"
Yakima Municipal Code
APPENDIX A Yakima Urban Growth Area Legal
Description
APPENDIX A
Yakima Urban Growth Area Legal Description
Page 3/294
Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, Range 19 East W.M.;
thence north along the west line of said Section 17 to the southeast corner of Section 7, Township 12 North, Range
19 East W.M., thence west along the south line of said Section 7 to the southwest corner of the southeast quarter of
said Section 7; thence north along the west line of the east half of said Section 7 to Ahtanum Creek, thence
following Ahtanum Creek in a generally westerly direction to the west line of the southwest quarter of the southeast
quarter of Section 2, Township 12 North, Range 18 E.M.W.; thence north along said west line to the northwest
corner of the southwest quarter of the southeast quarter of said Section 2; thence west along the east -west centerline
of the south half of said Section 2 to the west line of said Section 2; thence continuing west along the east -west
centerline of the south half of Section 3, Township 12 North, Range 18 East W.M. to South 34th Avenue; thence
north along South 34th Avenue to Ahtanum Road—thence west along Ahtanum Road to 38th Avenue; thence north
along 38th Avenue to the north line of Section 3, Township 12 North, Range East W.M.; thence west along said
north line to the northeast corner of Section 4, Township 12 North, Range 18 East W.M.; thence continuing west
along the north line of said Section 4 to the southeast corner of Section 33, Township 13 North, Range 18 East
W.M.; thence continuing west along the south line of said Section 33 to 64th Avenue; thence north along 64th
Avenue to the east -west centerline of Sections 32 and 33, Township 13 North, Range 18 East W.M.; thence west
along said east -west centerline to the north -south centerline of the west half of said Section 32; thence north along
said north -south centerline to Zier Road; thence west along Zier Road to South 80th Avenue; thence north along
South 80th Avenue to Wide Hollow Road; thence west along Wide Hollow Road to the north -south centerline of the
east half of Section 30, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to
the east -west centerline of said Section 30; thence west along said east -west centerline to the north -south centerline
of the west half of said Section 30; thence north along said north -south centerline to the Yakima Valley Canal;
thence following the Yakima Canal in a generally westerly direction to its intersection with Tieton Drive; thence
west on Tieton Drive to 96th Avenue; thence north on 96th Avenue to the northwest corner of the southwest quarter
of Section 19, Township 13 North, Range 18 East W.M.; thence north along the west section line of said Section 19
to a point 250 feet south of the northwest corner of the southwest quarter of the northwest quarter of said Section 19;
thence north 89°33' East to the Tieton Canal; thence following the Tieton Canal in a generally northeasterly
direction to the north -south centerline of the east half of said Section 19; thence north along said north -south
centerline to the north -south centerline of the east half of Section 18, Township 13 North, Range 18 East W.M.;
thence north along said north -south centerline of said Section 18 to the east -west centerline of the south half of said
Section 18; thence east along said east -west centerline to the west line of Section 17, Township 13 North, Range 18
East W.M.; thence north along said west line of the east -west centerline of said Section 17; thence east along said
east -west centerline to the east line of said Section 17; thence north along said east line to the south right-of-way line
of the Burlington Northern Railroad, Cowiche Branch; thence following said south right-of-way line in a generally
northeasterly direction to the north right-of-way line of State Route 12; thence following said north right-of-way line
in a generally southeasterly direction to Cowiche Creek; thence following Cowiche Creek in a generally
northeasterly direction to its confluence with the Naches River; thence following the south bank of the Naches River
and the south bank of the Yakima River in a generally easterly direction to the north -south centerline of the east half
of Section 12, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to
RestHaven Road; thence following RestHaven Road in a generally south-easterly direction to the south line of
Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line of Sections 8 and 9 to the
southwest corner of Lot 3 of that certain short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima
County; thence continuing east 260 feet along said south section line; thence north 0°22'34" east 270.51 feet; thence
north 38°30'50" east 146.66 feet; thence north 47°30'24" east 63.80 feet; thence north 77°58'20" east 1,026.46 feet;
thence north 71 °00' east 255.38 feet; thence north 59°00' east to the north line of the southwest quarter of the
southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along said north line to the
Northeast corner of said subdivision; thence southerly along the east line of the southwest quarter of the southwest
quarter of said Section 10 to the southeast corner of said subdivision; thence westerly along the south line of the said
Section 10 to the northwest corner of Section 15, Township 13 North, Range 19 E.W.M., thence southerly along the
west line of said Section 15 to the southwest corner of the northwest quarter of said Section 15; thence easterly
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APPENDIX A Yakima Urban Growth Area Legal
Description
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along said east -west centerline to the southeast corner of the northeast quarter of said Section 15; thence easterly
along the east -west centerline of Section 14, Township 13 North, Range 19 E.W.M. to the northeast corner of the
northwest quarter of the southwest quarter of said Section 14; thence southerly along the north -south centerline of
the west half of said Section 14 to the southeast corner of the southwest quarter of the southwest quarter of said
Section 14; thence easterly along the south line of said Section 14 to the northeast corner of Section 23, Township
13 North, Range 19 E.W.M.; thence southerly along the east line of said Section 23 to the southeast corner of said
Section 23; thence westerly along the south lines of Sections 23, 22, 21 and 20, Township 13 North, Range 19
E.W.M. to the west bank of the Yakima River; thence following said west bank in a generally southerly direction to
a point where it intersects the east right-of-way line of Interstate Highway 82; thence westerly to the point where the
west right-of-way line of said interstate highway intersects the south line of Government Lot 2 of Section 17,
Township 12 North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of
Government Lot 5 of said Section 17 to the southwest corner of said Government Lot 5 and the point of beginning.
(Ord. 2947 Appendix A, 1986).
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APPENDIX B Designated Type 2 Stream Corridors
APPENDIX B
Designated Type 2 Stream Corridors
The following stream reaches within Yakima County are designated critical areas under the City of Yakima's
Critical Areas Ordinance:
1. Bachelor Creek: From source at Ahtanum Creek (SEC 13 -TWP 12N-RGE 16 EWM) downstream to its mouth at
Ahtanum Creek (SEC 1-TWP12N-RGE18E).
2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide
Hollow Creek (SEC36-TWP13N-RGE17E).
3. Hatton Creek: From its source at Ahtanum Creek (SEC 18-TWP12N-RGE17) downstream to its confluence with
Ahtanum Creek (SEC 18-TWP12N-RGE18E).
4. Wide Hollow Creek: From the east line of the SW 1/4 of the NW 1/4 (SEC28-TWP13N-RGE17E) downstream to
the mouth at the Yakima River.
(Ord. 2008-46 § 1 (part), 2008).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.01 TITLE, PURPOSE AND JURISDICTION
Chapter 15.01
TITLE, PURPOSE AND JURISDICTION
Sections:
15.01.010
Title and authority.
15.01.020
Jurisdiction.
15.01.030
Purpose and intent.
15.01.035
Illegal uses prohibited.
15.01.040
Applicability.
15.01.050
Compliance.
15.01.060
Conflict of provisions.
15.01.070
Severability.
15.01.080
Number and gender.
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15.01.010 Title and authority.
Yakima Municipal Code (YMC) Title 15, codified in YMC Chapters 15.01 through 15.31 of this code, shall be
known as the Yakima urban area zoning ordinance (UAZO). The Yakima urban zoning ordinance is enacted under
authority granted to city of Yakima by Article XI, Section II, of the Washington State
Constitution and RCW 36.70. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.01.020 Jurisdiction.
A. Generally. This title is enacted and administered separately by the city of Yakima a.nadl sdlw lraa l ssnaat;. for
lands and Msec wvij1-6o 0iil" 'd�k*gIAU 1 ud�.1ta�M �xn.d old ,elspe' N �.I 9P' o• Nps,p.ra r£�a a�Rd'°� wdl plyP ; l juad,l a 9 w4:kww t1am � atlw� ii?.
Ya ifnit .ap l -,)Hai lua l l [and and, uses located within the city limits of the city of Yakima. and
a�Vund°td�dC by 1pte c"Olinly ��1' '���l�ibt��� �i� w�na�•n-�ap�titu ��1-���n�t��i����'�tt9 a1 p(.niions 44Alie, akti�Tlii urban l!owdll
B. Yakima Urban Area Boundary. For purposes of this title, the Yakima urban growth area is hereby officially
declared to be that area bounded and described:
On the official zoning maps adopted in accordance with YMC 15.03.030; and
2. In the "Yakima Urban Growth Area Legal Description" codified at the end of this title as Appendix A
and hereby adopted by reference and declared to be a part of this title. In cases of conflict between the official
zoning maps and the official legal description, the official legal description shall control.
C, , l iu°dlkaa�auace supoyxle&l-i knd p'rovispoins of 111is oe w taH lae and -are herehy.rlec karv(tto and
repW;e AI ex,is6ngdn�nd llnluro hun'ovisioas i puuru15 w4hin,the U41HICIOrporatedp aleuis of
y4lkiu�snd d'.'aaaa�ntlAe 9d)a:ale(i vvpiliia 0a;CY4,li im,dka area, as p adopted in YN44-
p `J.k; U)1`10(13), -T]w lad�w w ks@cbax �dh` "u ldin� a;o uuniy, Code-,Vi0e k 5/% uxku�flk, rerntain in NH ll.wree
and cllcct nny.dic, una4na.,orl,,dtwl"lw(l gduu�aasdrl ��dtp uuna�� 1�� auuu�«ar.Ndro�d�ra�d�dpa��uksudla-��hta, rriN�ai�kdld�l��udla��pa���.q ��.r5�6wuuur�t aaFINM
wa�ikre
area,�
l;,'n(. Terminology. Unless the context clearly implies some other meaning, references to "county," "city," or
similar terms in this title refer either to Yakima County or the city of Yakima, whichever entity has jurisdiction over
the particular land use proposal or other item involved or affected. In no event shall such references be construed to
require, directly or indirectly, action by both entities or their respective officials or agencies. References to
"legislative body," "administrative official," "department of community atO ecm4OHi�--development director,"
"hearing examiner" or other official or agency under this title mean those officials or agencies of the city of Yakima
or Yakima County, whichever entity has jurisdiction. (Ord. 2008-46 § 1 (part), 2008: Ord. 2002-01 § 1, 2002; Ord.
2947 § 1 (part), 1986).
15.01.030 Purpose and intent.
The purpose of this title is to implement the Yakima urban area comprehensive plan and promote the general health,
safety and welfare of present and future inhabitants of the Yakima urban growth area. The goals and policies of the
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Chapter 15.01 TITLE, PURPOSE AND JURISDICTION
urban area comprehensive plan will be used for interpretation and implementation. These goals are accomplished in
many ways, including:
1. Achieving public and private land use decisions consistent with the policies and objectives of the Yakima
urban area comprehensive plan;
2. Dividing the Yakima urban area into districts according to the use of land and structures and the intensity
of such use;
3. Encouraging the location and use of structures and land for commerce, industry and residences in districts
where they are compatible with neighboring land uses;
4. Encouraging development in areas where adequate public services including water and sewer, police and
fire protection, roads, and schools can be provided; and limiting development in areas where these facilities are
not provided;
5. Securing economy in local governmental expenditures;
6. Encouraging innovative site design;
7. Providing for adequate privacy, light, air, and view;
8, Promoting development within the Yakima urban growth area that is cost-effective to build and maintain;
9. Reducing the time required for public review of proposed projects;
10. Protecting existing land uses and property values from adverse impacts of adjoining developments;
11. Reducing traffic danger and congestion on roads and highways;
12. Minimizing public and private losses due to flooding.
This title is designed to be flexible and intentionally increases the potential uses or choices available to individual
property owners. This flexibility is balanced by procedures and standards based on the Yakima urban area
comprehensive plan designed to guard against and mitigate undue adverse impacts and to protect individual
neighborhoods and the community's general welfare. Both concepts are essential to this title and declared necessary
for the promotion of the general health, safety and welfare.
Further, this title divides all the land within the unincorporated portion of the Yakima urban area and the city of
Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district's purpose,
identifies the general character of the area within the district, and establishes policies to be achieved by development
in the district. Distinctions between each district are significant and based on the Yakima urban area comprehensive
plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to
be an official statement of legislative finding and purpose. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
15.01.035 Illegal uses prohibited.
A. General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city.
B. Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code
is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis
and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further
defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the State of Washington, such uses
are not allowed in any zone within the city. For purposes of this section, "dispensary" means any person, entity, site,
location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells,
dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for
medicinal or other purposes.
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C. Production, Processing and Retailing of Marijuana Prohibited. Until such time that this code is amended to
provide specific provisions and land use controls allowing and regulating production, processing, retail sale and
retail outlets for the sale of marijuana and marijuana -infused products, all as defined in Initiative Measure No. 502,
as codified in the Revised Code of Washington, and implementing regulations in Chapter 314-55 WAC, as now
existing or hereafter amended, such uses are each prohibited and not allowed in any zone within the city. (Ord.
2014-001 § 2, 2014: Ord. 2012-03 § 2, 2012).
15.01.040 Applicability.
A. Except as exempted, no "use" or "development," or "modification of use or development," as those terms are
defined, may be established, placed, performed, constructed, or implemented, in whole or in part, without a permit.
The permit required by this title is called a "development permit." Yakima Municipal Code Chapters 15.11 and
15.12 contain provisions governing such permits and applications for permits. The following uses and modifications
are exempt from review and permit requirements; provided, that they do not conflict with the requirements of a
previously issued permit:
Normal structural repair and maintenance;
2. Changes to conforming structures which do not involve "structural alteration' as that term is defined by
this title;
3. Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor
physically expand the structure;
4. Accessory structures (YMC 15.04.060) otherwise meeting the specific development standards and other
requirements of this title and which do not require a building permit under the provisions of the applicable
building code as adopted by the cityJa ouirift.y;
a (Am�mamdaaik)ll l a er . ,.as i-haan 4i llv,� �lti and %vlkh niee die requ:i t;nioas ol:YNKr
1 5D4, l 80
65. Exempt signs;
'76. Yard sales meeting the requirements of Section 15.04.090;
971, Alterations to land including grading, leveling, paving and excavation, the fair market value of which
does not exceed five hundred dollars or fifty cubic yards;
9-8. Sitescreening and landscaping; and
109. All grading, construction of private or public roads, landscaping, construction of sewer, wastewater
facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision
regulating such improvements.
B. Uses of Lands Are Regulated by This Title. (See YMC 15.02.020 defining "use," "accessory use,"
"structure," "site improvement," and "development.") Title 15 regulates such uses in the following ways:
1. By specific development standards which must be met (see YMC Chapters 15.05, 15.06, 15.07, 15.08,
and 15.09). Some of the development standards are designed to be administratively adjusted to accommodate
the purpose and intent of the zoning district involved and allow flexibility of development. (See YMC
15.10.020.)
2. By prior review of more significant uses to allow general policies and standards to be applied; to assure
compliance with the purpose and intent of this title; and to allow more flexibility of development and use. (See
YMC 15.01.030.) Different types of review procedures (Type (1), (2), or (3)) (see YMC Chapters 15.13, 15.14,
and 15.15) are established for different categories or classes of uses (Class (1), (2), or (3)). The type of review
is generally determined by the classification of the use involved under the use chart contained in Table 4-1 (see
YMC Chapter 15.04). Accessory uses are also subject to the review processes and development standards.
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C. New and Existing Uses Regulated. Both uses established before and after the adoption of this title are
regulated, but are treated differently depending on their status under this title. Permitted uses are established by
Table 4-1, which determines which particular uses are allowed, and the degree of compatibility of the land use in a
given zoning district. Uses and development are reviewed under Type (1), (2), or (3) processes, and if approved are
called "approved uses."
Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing
uses." Existing uses are allowed to continue even though they have not been through the regular review procedures
of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as
they previously existed if damaged or destroyed (see YMC Chapter 15.18). Previously established uses which were
legally established prior to the adoption of this title, but which have a principal use which would not be permitted in
the zoning district in which it was located, are called "nonconforming uses." Such uses are allowed to continue, but
are subject to more restrictions (see YMC Chapter 15.19).
D. Changes and Alterations to Uses and Development. Changes and alterations to approved, existing, or
nonconforming uses or development are also regulated by this title and are called "modifications." Certain nominal
modifications to "approved" or "existing uses" are exempt. Other modifications to "approved" or "existing uses"
which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for
such modifications are contained in YMC Chapter 15.17. More significant changes to "approved" or "existing" uses
and development, which do not meet the exemptions or administrative approval criteria of YMC Chapter 15.17,
must be reviewed using the normal Type (1), (2), or (3) review procedures of this title. Modifications to
nonconforming uses are regulated by YMC Chapter 15.19. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
15.01.050 Compliance.
No structure, land, or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved,
improved, removed, converted, or demolished except as authorized by the terms of this title. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.01.060 Conflict of provisions.
In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes
lawfully adopted by the county/city, the most restrictive shall govern. In the case of conflicts between the text, maps
and tables of this title, the text shall govern unless otherwise stated. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1
(part), 1986).
15.01.070 Severability.
This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part
adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,
such invalidity shall not affect the validity of the remaining portions of the title, nor shall it affect the application of
such portion of the zoning ordinance to other property, uses, or structures. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947
§ 1 (part), 1986).
15.01.080 Number and gender.
Words designating the singular number may also be applied to the plural of persons and things; words designating
the plural may also be applied to the singular; words designating the masculine gender may be extended to that of
the female; and words designating the feminine gender may be extended to that of the male. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
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Chapter 15.02 DEFINITIONS
Chapter 15.02
DEFINITIONS
Sections:
15.02.010 Purpose.
15.02.020 Definitions.
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15.02.010 Purpose.
This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict
with definitions used in other titles of the eounty /city code, the definitions in this chapter shall prevail for the
purpose of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.02.020 Definitions.
For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as
specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the
ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall
under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the
assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the
source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are
included as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley to a parking facility.
"Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the
public and that is owned by the underlying owners of land over which it crosses.
"Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of YMC 15.09.045
which is attached to a single-family home, or detached garage with living facilities for one individual or family
separate from the primary single-family.
"Accessory use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed Y alai/aw County phiru� 'ing of[itlal or the city of Yakima director
of community and cu d&N' ornic developments wh hever
Adult Day Care Center. See "day care facility."
"Adult Family Home" means a regular family abode, licensed by the state, in which a person or persons provide
personal care, special care, room, and board to more than one but not more than six adults who are not related by
blood or marriage to the person or persons providing the services (RCW 70.128.175).
"Agricultural building" means a structure designed and constructed to store farm implements or hay, grain, poultry,
livestock, fruit and other agricultural products. Controlled atmosphere and cold storage warehouses are not
agricultural buildings. An agricultural building shall not be used for human habitation; for processing, treating or
packaging agricultural products; nor shall it be a place used by the public.
"Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on
or off site. An agricultural market may include, as incidental and accessory to the principal use, the sale of factory -
sealed or prepackaged food products such as boxes of apples or other fruit and some limited nonfood items, and
these products shall consist of no more than forty percent of the gross floor area. This definition does not include the
sale of livestock.
"Agricultural product support" means a business that provides a product or service intended for use in the
processing, storage, preservation, or distribution of agricultural commodities. This definition does not include
agricultural processing, storage, preservation, distribution, and related uses.
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Chapter 15.02 DEFINITIONS
"Agricultural related industry" means specifically:
Page 11/294
1. "Packaging plants" may include, but are not limited to, the following activities: washing, sorting, crating
and other functional operations such as drying, field crushing, or other preparation in which the chemical and
physical composition of the agricultural product remains essentially unaltered. This definition does not include
processing activities, slaughterhouses, animal reduction yards, or tallow works;
2. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or
other substantial chemical and physical alteration of the agricultural product. This definition does not include
slaughterhouses or rendering plants; and
3. "Storage facilities" include those activities that involve the warehousing of processed and/or packaged
agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural
products grown on the premises, excluding livestock raised on the premises.
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1, YMC 15.04.030.)
"Airport commercial" means the retail sale of aviation -related products and services including aircraft service and
rental, air passenger services, and air terminal activities including passenger ticketing, baggage, taxi service, car
rental, restaurants, hotels, and gift shops.
"Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft parts, and aviation -related
products located at the Yakima Air Terminal. This use also includes storage and wholesale trade of aviation -related
products and air cargo operations and associated storage and processing.
"Airport operations" means activities, uses, structures and facilities that are located on and necessary to the
operation of the Yakima Air Terminal. These activities and facilities include runways, taxiways, parking ramps and
aprons, navigation and radar/radio communication facilities and equipment, safety and emergency facilities, and
storage and maintenance facilities.
"Alley" means a public thoroughfare or way twenty feet or less in width which has been dedicated to the city of
Yakima or Yakima County for public use. Alleys provide only a secondary means of access to abutting property,
"Amendment" means a change in the wording, content, or substance of this title, or change in the district boundaries
on the official zoning map.
"Amusement park" means a permanent indoor and/or outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of
items, and buildings for shows and entertainment.
"Animal clinic/hospital" means a structure used for veterinary care of sick or injured animals. The boarding of
animals is limited to short-term care and is accessory to the principal use. This definition does not include kennels.
"Animal husbandry" means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle,
horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is
from grazing in the pasture where they are kept.
"Appeal" means a request for review of an administrative official's or hearing examiner's decision, determination,
order or official interpretation of any provision of this title.
"Applicant" means a person submitting an application for any permit or approval required by this title and who is
the owner of the subject property or the authorized agent of the owner.
"Application for development" means the application form and all accompanying documents and exhibits required
by this title or the administrative official.
00C.
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Chapter 15.02 DEFINITIONS
"Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the
Yakima urban area comprehensive plan.
"Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or
roofline, or, in the case of multistory buildings, by a common ceiling/floor(s).
"Auction house" means a structure or enclosure where goods and/or livestock are sold by auction.
Automobile Service Station. See "Service station."
"Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental
of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers.
"Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts
and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or
machinery.
"Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than
thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms,
"Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit
juices and other drinks.
Bingo Parlor. See "Game room."
"Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing
in the facility on a permanent or semi-permanent basis.
Building. See "Structure."
"Building area" means the three-dimensional space within which a structure is permitted to be built on a lot and
which is defined by maximum height regulations, yard setbacks and building coverage.
"Building code" means the building code and related codes as amended and adopted by Yakima .C<w my/tfiie city of
Yakima.
"Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a
flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped
roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal
distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten
feet above lowest finished grade;
2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground
surface described in subsection I of this definition is more than ten feet above lowest finished grade. (See
Figure 2-1.)
The height of a stepped or terraced building is the maximum height of any segment of the building.
DOC.
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Chapter 15.02 DEFINITIONS
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Determination of Building Height in Feet
Figure 2-1
"Building official" means that person or persons designated by the legislative body to enforce the provisions of the
building code and administer the assigned provisions of this title.
"Business school" means a commercial or public school providing instruction solely in professional skills such as:
business management, accounting, secretarial skills, sales, marketing and merchandising.
"Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does
include other accessory uses such as frozen food lockers.
"Campground" means a development providing facilities for outdoor recreational activities, including structural
improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary
occupancy. This definition includes camping clubs when developed in accordance with applicable state standards.
"Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks. This definition
includes self-service car washes, automated car washes, manned car washes and auto detailing.
Card Room. See "Game room."
"Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or
industrial use for occupancy by the owner/caretaker.
"Center line of right-of-way" means the midpoint between the future alignment of the opposite edges of the right-of-
way.
Cler i�I4xw e ofzo9"6n3g, Ge"N'', W4N" i6Ne'aas, t�ia t cerWic ate, issued b.y in? tflal
01'e, l,)r(,)posed wase (0"141V
"Change of use" means a change from one use listed in Table 4-1, Table of Permitted Land Uses, to another use
listed in that table.
"Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds of poultry.
"Church" means a structure, or group of structures, which by design and construction are primarily used for
organized religious services and instruction.
"City" means the city of Yakima.
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are considered
compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for
compliance with the provisions and standards of this title.
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"Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally
permitted throughout the district. However, site plan review by the administrative official is required in order to
ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area
comprehensive plan.
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally
incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood
character or for other reasons. However, they may be compatible with other uses in the district if they are properly
sited and designed. Class (3) may be permitted by the hearing examiner when he determines, after holding a public
hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the
provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately
resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved upon completion of Type (1), (2) or
(3) review.
"Class (1), (2) or (3) use or development, existing" means a use or development legally existing or legally
established prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a
Class (1), (2) or (3) use in a particular district, even though the use has not been through Type (1), (2) or (3) review,
and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2), or (3)
use with an approved modification under YMC Chapter 15.17.
"Clean and sober facility" means a commercial business providing a dwelling or building for occupation by
rehabilitated alcohol and/or drug users, during their re-entry into the community. The clean and sober facility
provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need
supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see
"Halfway house.")
"Clinic" means a structure for the medical examination and treatment of human patients, but without provision for
keeping such patients overnight on the premises.
"Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the record to a
c,-•ount-ylcity body or officer (including the legislative body) following an open record hearing on a project permit
application with no or limited new evidence or information allowed to be submitted and only appeal arguments
allowed.
"Coffee/espresso drive-through facility" is a place used to sell coffee and associated items from a drive -up window
to a person driving a vehicle.
"Coffee/espresso stand" is a place used to sell coffee and associated items from a bar or counter area commonly
inside a building and/or structure.
"Commercial services" means technical services and specialized care services such as lawn and garden care and
delivery services, except as otherwise regulated.
"Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio
or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio
service.
"Communication tower height" means the vertical distance above the ground measured to the highest point of the
communication tower.
"Community center" means a facility owned and operated by a public agency or nonprofit corporation, provided the
principal use of the facility is for public assistance, community improvement, or public assembly.
"Community garden" means:
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1. Privately or publicly owned land that is used by multiple users who may or may not have ownership of
the property;
May be divided into separate plots, for the cultivation of fruits, vegetables, plants, flowers, or herbs;
3. Common areas associated with the garden are maintained by group members;
The produce or goods grown on site are not for commercial sale;
5. A community garden is different than a "collective garden" that is used for the growing of marijuana
plants; and no marijuana shall be grown on a community garden plot;
6. A community garden is separate from the use of "agriculture" as defined and regulated under YMC
Chapter 15.02 and YMC 15.04.030, Table 4-1, and is different than a privately maintained garden that is
associated with a principal use and regulated in accordance with YMC 15.04.060(A); and
7. Structures and buildings associated with a community garden are considered "accessory uses" to a
principal use, and shall comply with the provisions of YMC Title 15, and the International Fire and Building
Codes.
Community Water System. See "Water system, public."
"Compatibility" means the characteristics of different uses or developments that permit them to be located near each
other in harmony with or without special mitigation measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental plans officially
adopted under RCW Chapter 36.70, for the Yakima urban area or any portion thereof.
"Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of
animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy
confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur
farms, but does not include animal husbandry.
"Condition(s) of approval" means restrictions or requirements imposed by an administrative official pursuant to
authority granted by this title.
Consulting Services. See "Professional business."
"Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to
convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases
which are customarily treated in sanitariums and hospitals.
"Converted dwelling" means a structure which, due to interior alterations, has been modified to increase the number
of individual dwelling units. This definition does not apply to multifamily structures constructed under the
provisions of this title.
"Cosmetic services" means tattooing, body piercing, and similar services.
"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous
or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention, supervision and oversight serving thirteen
or more children regardless of whether such services are provided for compensation, governed by Washington State
DSHS licensing provisions for said day care use and conducted in accordance with state DSHS requirements.
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Chapter 15.02 DEFINITIONS
"Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a
group of nonrelated individuals (children or adults) for periods of less than twenty-four hours a day. This includes
family day care homes and day care centers.
"Day care home, family" means a family day care home located in a private home that supplies care, attention,
supervision, and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for
said day care use and conducted in accordance with said state DSHS requirements.
"Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat food products such as
cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other
specialty food stores having seating for no more than five persons.
"Department" means e,,41,ier the or the city of'Yakima department of commun'ity
d mm°� , development.
"Desktop publishing" means activity related to the use of computers in order to produce documents for personal use
or for other uses.
"Development" means "use" as defined by this title.
"Development permit" means written authorization for development or modification of development as defined in
this title. When a building or other construction permit is required, the building/construction permit shall serve as the
other development permit. If no building/construction permit is required, the v erlilnw bate, ()9+ Z(,n1hnit.reviewZQR', r"
si c c � , ow i shall serve as the development permit.
"Development, planned residential" means, in the residential districts, the coordinated development of a single lot
with a number of residential structures and/or dwelling types which are designed to:
Maintain the character of the residential neighborhood;
2. Provide compatibility between various types of dwelling units, off-street parking and other uses within
the site; and
Share such site amenities as off-street parking, access drives, open space and recreational facilities.
This definition includes the clustering of residential units on a single lot. In the commercial districts, "planned
residential development" means a mixed-use development combining multifamily residential and commercial use(s)
into a single coordinated project.
"Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title,
which alters or affects the shape, size or legal description of any part of an owner's "land" as defined in this chapter.
Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect
the legal description of an owner's "land" shall not constitute a division of land.
"Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes
dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine.
"Domestic farm animal—Pet" means four or fewer hen chickens (no roosters) or rabbits that are kept for pleasure or
as a hobby rather than utility. Domestic farm animals that are considered pets are regulated under the provisions of
YMC 15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC 15.09.070, Special
requirements for animal husbandry.
"Driveway" means the private traveled access to a property or through a parking lot for three or more vehicles.
"Drugstore" means a store where the primary business is the filling of medical prescriptions and the sale of drugs,
medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.
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Chapter 15.02 DEFINITIONS
"Dwelling" means a structure or portion thereof designed exclusively for residential purposes.
"Dwelling, multiple -family" means a structure or structures, or portion thereof, designed for occupancy by three or
more families living independently of each other and containing three or more attached dwelling units on a lot.
"Dwelling, single-family" means a structure designed to contain a single dwelling unit. Single-family dwellings are
further classified by their nature of construction as follows:
1. Site -built: Constructed primarily at the occupancy site and permanently affixed to the ground by a
foundation.
2. Modular home: See "Modular home."
Manufactured home: See "Manufactured home" and "Mobile home."
"Dwelling, single-family attached" means two single-family dwellings that are attached, but with each dwelling unit
located entirely on its own lot. This definition does not include row houses or other housing types with more than
two attached single-family dwellings.
"Dwelling, single-family detached" means one dwelling unit located on one lot and not attached to any other
dwelling unit.
"Dwelling, two-family" means a structure designed exclusively for occupancy by two families living independently
of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex."
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete
and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation.
"Dwelling unit" does not include recreational vehicles or mobile homes.
"Earthen material" means sand, gravel, rock, aggregate and/or soil.
"Environmental review" means the procedures and requirements established by the State Environmental Policy Act,
RCW Chapter 43.21 C, as it now exists or is hereafter amended.
"Existing uses" means a use or development legally existing or legally established by a jurisdiction prior to the
effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3)
use in the appropriate zoning district.
"Family" means individuals, consisting of two or more persons related by blood, marriage or adoption, or a group of
not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together
as a single housekeeping unit in a dwelling unit.
A. The term "family" shall include:
1. State -licensed adult family homes required to be recognized as residential uses pursuant to RCW
70.128.175;
2. State -licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the
exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements equivalent to a familial setting required
to be accommodated as residential uses pursuant to the Fair Housing Act and the Washington Housing Policy
Act, RCW 35.63.220 and RCW 35A.63.240, respectively.
B. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in
RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by
the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the
supervision of paid staff and personnel.
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C. Calculation of Residents. When calculating the number of unrelated persons residing in a single-family
dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are related by genetics,
adoption or marriage, the total number of residents shall not exceed five persons except as provided in
subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to
a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or
similar educational, nonprofit program, or a combination of a renter and such student to a total of two
additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be
considered when calculating the number of unrelated persons residing in a dwelling unit under subsection
(C)(1) of this section. Three or more renters and/or students shall be considered as unrelated individuals and all
persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or
marriage, shall be considered when determining the total unrelated persons residing at a site.
Nothing herein shall be interpreted to limit normal hosting activities associated with residential use.
"Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening.
"Finding" is a conclusion of fact reached by the administrative official in a review process and based on the
evidence available therein.
"Floodplain (one -hundred -year)" means the relatively flat area or lowlands adjoining the channel of a river or stream
subject to a one percent or greater chance of flooding in any given year.
"Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are
reon rP_r1n1rP_rl, to Carry and dl -,charge the. flnpdwaterg of th P. watarrnllrca with Hilii
t raci_n as mnre than n r% P_ fent
rise in the water surface elevation of a one -hundred -year flood. v��
"Food preparation" means a business, service or facility dealing with the preparation of food items for off-site
consumption. This definition includes confectioneries, catering services, and preparation of food items for
wholesale.
"Game room" means a commercial facility, or a portion thereof, open to the general public, in which card games,
pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude "social card
room" as defined herein. (Also see "Meeting hall.")
"Garage, private" means a building or portion of a building designed to store motor vehicles that are used by the
occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling or
storing motor -driven vehicles; but excluding private garages.
General Retail Sales.
1. Twelve thousand square feet or less (not otherwise regulated) means the retail sales of merchandise in a
store type setting where the building/structure's gross size is twelve thousand square feet or less.
2. Greater than twelve thousand square feet (not otherwise regulated) means the retail sales of merchandise
in a store type setting where the building/structure's gross size is greater than twelve thousand square feet.
Land uses permitted under the above two categories include, but are not limited to:
Addressing, mailing, and stenographic services
Antique stores
Toy and hobby stores
Jewelry, watches, silverware sales and repair
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Artist's supplies
Bakeries
Book stores
Stationary and office supplies
Camera and photographic supplies
Clothing, shoes, and accessories
Computer and electronic stores
Collectables (cards, coins, comics, stamps, etc.)
Department stores
Drug stores and pharmacies
Fabric and sewing supplies
Florist (indoor sales only)
Specialty food stores
Music stores/instrument sales and repair
Secondhand stores
Paint, glass and wallpaper stores
Pet stores and supplies/grooming
Printing, photo copy service
Sporting goods and bicycle shops
Video sales/rental
Gift shops
Discount store
Variety store
Specialty shops
Small appliances
TVs, business machines, etc., sales
Page 19/294
Land uses not meeting the intent of the general retail sales and retail trade defmitions, as determined by the
administrative official, may be either referred to the hearing examiner for a use interpretation under Chapter 15.22 or
use classification under YMC 15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty
merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art
goods.
"Glare" is the reflection of harsh, bright light.
"Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area
between the building and the property line or, when the property line is more than five feet from the building,
between the building and a line five feet from the building.
Gross Floor Area. See YMC 15.06.040.
"Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or
predelinquent children, providing special care in a homelike environment. This definition includes homes of this
nature for six or fewer persons, excluding house parents, which are protected by state or federal law as residential
uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that provide:
State -licensed group care homes for juvenile delinquents;
Houses providing residence in lieu of instructional sentencing;
Houses providing residence to individuals needing correctional institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of
incarceration for detoxification and treatment from effects of alcohol and drugs. (See "Clean and sober
facility.")
"Hazardous materials" means any item listed as hazardous by a federal agency or State Department of Ecology or
the Yakima regional clean air authority. (See YMC 15.13.020(D).)
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"Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW
70.105.010.
"Hazardous waste facility, off-site" means hazardous waste treatment and storage facilities that treat and store waste
from generators on properties other than those on which the off-site facilities are located.
"Hazardous waste facility, on-site" means hazardous waste treatment and storage facilities which treat and store
wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act
first causes dangerous waste to become subject to regulations under the dangerous waste regulations, WAC Chapter
173-303.
"Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of
dangerous waste by the generator at the generation site is not storage as long as the generator complies with the
applicable requirements of WAC 173-303-200 and 173-303-201.
"Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make
such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery,
amenable for storage, or reduced in value.
"Hearing examiner" means that person appointed by the Yakima city council �a°bel- i�ra;l tti`.���ti�tieaq•i6�ao-ar�.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation,
except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.)
"Home occupation" means the accessory use of a dwelling unit for gainful employment involving the manufacture,
provision or sale of eoods and/or services in the home.
"Home occupation, business administration" means the accessory use of a dwelling as an administrative office for
an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork
associated with a business. This definition does not include manufacturing, sales, repair or other services.
"Homeowners' association" means a community association, other than a condominium association, in which
individual owners share ownership or maintenance responsibilities for open space or facilities.
"Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical
nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and
general medical practice as distinguished from clinical treatment of mental and nervous disorders.
"Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a
licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk
hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap
processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which
may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.0 10)
"Impervious surface" means any material reducing or preventing absorption of stormwater into previously
undeveloped land.
"Intensity" is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust
and light and economic value) associated with a particular use that determines the potential impact of that use on
neighboring land uses. The higher the intensity, the greater the possible impact on neighboring land uses. Generally,
the intensity of a land use will determine its compatibility with other types of land uses.
"Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to:
standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.
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"Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated
animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or
maintained by any person other than the owner; or in or at which six or more cats or four or more dogs over the age
of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal
hospitals or zoos.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of
fountains, patios, street furniture and ornamental concrete or stonework and artificial turf.
"Legislative body" means the boord ofYakirn (mtiay coirriissi�),I Alt, -Yakima city council, whichever is-
appprop, atr.
"Loading space" means an off-street space on the same lot with a structure or use, or contiguous to a group of
structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or
materials, and which abuts a street, alley or other appropriate means of access and egress.
"Lot" means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County
auditor's office; or
2. A legally recognized prior division or parcel under the provisions of Yakima County's subdivision
ordinance p "VC(, i;tBe....W) or the city of Yakima's subdivision ordinance (`VMCTAdc i ).
"Lot area" means the total horizontal area within the boundary lines of the gross lot.
"Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street
forming an interior angle of less than one hundred thirty-five degrees. (See Figure 2-2.)
Figure 2-2
"Lot coverage" means that portion of the lot that is covered by structures and other impervious surfaces.
"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the
midpoint of the rear lot line. (See Figure 2-3.)
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
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Figure 2-2
"Lot coverage" means that portion of the lot that is covered by structures and other impervious surfaces.
"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the
midpoint of the rear lot line. (See Figure 2-3.)
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.02 DEFINITIONS
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Figure 2-3
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"Lot, flag" means a lot only a narrow portion of which fronts on a public/private road and where access to the
public/private road is across that narrow portion. (See Figure 2-2.)
"Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.)
"Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road or street, other
than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage,
except that the building official, or his designee, shall designate the front lot line for corner lots in residential
districts.
2. For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be
the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement
does not extend across the property, the front lot line shall be determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property line separating a zero lot line from:
(a) another zero lot line or (b) adjoining common open space. (See Figure 2-4.)
"Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of
establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or
more lines, the following shall apply:
1. For a triangular or gore -shaped lot, a line ten feet in length within the lot and farthest removed from the
front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, 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 required rear lot line.
3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such
angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
"Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure 2-2.)
INDEX
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Chapter 15.02 DEFINITIONS
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line comprising
the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2-3.)
"Low impact development" means stormwater management and land development strategies that emphasize
conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to
more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact
development addresses stormwater management and land development that is applied at the parcel and subdivisions
scale that emphasize conservation and use of on-site natural features.
"Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an
insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable
construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured
home and was built after June 15, 1976. Manufactured homes are further classified as follows:
1. "Multi -wide," has a minimum width of not less than seventeen feet as measured at all points
perpendicular to the length of the manufactured home;
2. "Single -wide," has a minimum width less than seventeen feet as measured at any point perpendicular to
the length of the manufactured home.
"Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and
constructed in accordance with the building codes as adopted by the city/county.
"Massage therapy/spa" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes,
specifically for improving muscle tone and circulation and promoting health and physical well-being. The term
includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use
of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or
lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations
commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and
excludes sexual contact.
"Master planned development" means any development within the Yakima urban growth area approved under YMC
Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial
development, and planned mixed-use development).
"Meeting hall" means a private or quasi -private facility in which defined groups or organizations come together for
meetings and social events. Includes private bridge club -type card rooms, grange halls, etc.
"Mining" means all or any part of the process involved in quarrying, mineral extraction, crushing, asphalt mixing
plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas
exploration or production.
"Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a
variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless,
dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being
generally provided to the public at large. Mission uses shall be Class (2) uses within the GC general commercial,
CBD central business district, and M-1 light industrial zoning districts as set forth in Table 4-1, YMC 15.04.030,
and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating
applicable development standards and mitigations imposed by the hearing examiner. Effective as and from August
24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions
of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040
for administrative review and approval shall be subject to a Type (3) review with a development agreement
incorporating applicable development standards and mitigations imposed by the hearing examiner.
"Mixed-use building" means a building in a commercial district or planned development used partly for residential
use and partly for a community facility or commercial use.
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"Mixed-use development" means use of the land or structure for two or more different uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point of use which does not meet
applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes,
manufactured homes, commercial coaches, recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or
manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit
(see YMC 15.04.140) on the same parcel with another home.
"Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes
(including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of
streets).
"Modification (of use or development)" means any change or alteration in the occupancy, arrangement, placement
or construction of any existing use, structure, or associated site improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements of the International Building Code and
is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they
are subject to the same review standards as a site -built home.
"Multiple -building complex" means a group of structures housing separate businesses sharing the same lot, access
and/or parking facilities.
"Multiple -occupancy building" means a single structure housing more than one retail business, office, or
commercial venture.
"Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in private and public
streets, rights-of-way, and access easements. (See YMC 15.05.030(B) to calculate the maximum number of dwelling
units permitted on a site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this
title, but which fails to conform to the present requirements of the zoning district in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of this title that
fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where
it is located.
"Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not
conform to this title for the district where it is located.
"Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by
endangering personal health or safety, offending the human senses, and/or failing to conform with the provisions,
intent, or standards of the district where the use, activity or structure occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related
products. Nurseries are further classified as follows:
1. "Retail nursery" means a nursery which offers products to the general public including plant materials,
planter boxes, fertilizer, sprays, garden tools, and related items;
2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery or other
business; and
3. "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor
propagation of plants. This definition does not include private greenhouses with no commercial sales.
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"Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or intended to be used.
For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is
intended to indicate a change in the type of use.
"Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right-of-way of a
highway, street or alley.
"Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other
land -altering activities.
"Open space, common" means open space within or related to a development that is not dedicated for public use, but
is designed, intended and legally committed for the common use or enjoyment of the residents of the development.
"Park" means a public or privately owned area with facilities for active or passive recreation by the public.
"Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the
parking facility, ranging from zero to ninety degrees.
"Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of
parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor vehicles.
"Parking space" means an off-street area that is paved, drained, maintained and used for the temporary storage of
one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space.
"Party of record" means the applicant and any other person who has submitted written comment on any action or
proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting
notice of further action.
"Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to
take some action permitted only upon issuance of written approval.
"Personal services" means a business providing specialized services such as interior home or business design and
shopping services, except as otherwise regulated.
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility including but not limited to:
fish, dogs fewer than four, cats fewer than six, hen chickens (no roosters) fewer than five, and rabbits fewer than
five.
"Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets,
but not including overnight stays. Uses not meeting this definition shall be considered kennels.
"Planning commission" means the duly constituted planning commission for the city of Yakima.
"Planning division" means the yi�;ildiri a i."oiiuily paliiflng diOsion,orthe department of community quid econofni c....
development of the city of Yakima„ Mi- itt vei is appi aa,, Halle.
"Preliminary approval" means the contingent approval by the administrative official using an appropriate Type (2)
or (3) review process prior to final approval.
Preschool. See "Day care center."
"Private access easement" means any private easement for the purpose of ingress and egress that is not dedicated to
the public and that is owned by the underlying owners of land over which it crosses.
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Chapter 15.02 DEFINITIONS
"Product assemblage" means a business or service involved in assembling products for off-site sales.
"Professional business" means a business primarily engaged in administrative or service -related functions and
dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers
and consultants; or providing administrative governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency or owned and operated by a private
entity for the purpose of providing essential public services to the public including, but not limited to: water,
irrigation, wastewater, garbage, sanitary, transit, police, fire, ambulance, parks and recreation facilities, and street
maintenance. The facility should be located to efficiently serve the people benefiting from the service.
"Public hearing" means a meeting open to the public that is announced and advertised in advance at which the
public is given an opportunity to participate.
Public Water System. See "Water system, public."
"Recreational screen" means a protective device for recreational purposes designed to keep recreational equipment
within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses,
swimming pools, ball fields, and playgrounds.
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use,
including, but not limited to: boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies.
"Recycling drop-off center" means a commercial facility where products such as aluminum, tin cans, glass, plastic,
paper, and other similar products are deposited, sorted and transferred to a recycling processing center for
renrocessine.
"Recycling processing center" means a facility where products such as aluminum and tin cans, glass, plastic, paper
and other similar products are deposited, sorted, stored, and reprocessed.
"Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit
density.
"Restaurant" means establishments serving prepared food or beverages for consumption on or off premises. This
land use includes but is not limited to: restaurants, sandwich shops, coffee shops with or without drive-through
facilities (see YMC 15.04.080 for establishments with drive-through facilities), and fast food restaurants, but does
not include bars, cocktail lounges, taverns, brewpubs as licensed by the Washington State Liquor Control Board,
catering services, or industrial scale food production facilities.
"Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating
and drinking establishments, motels, real estate and financial offices, and uses providing health education and social
services.
"Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office
supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade
establishments even though a portion of their business may be to contractors or other business establishments.
"Retaining wall" means a wall made of wood, stone, cement, steel or other products intended to support, retain or
stabilize earthen or gravelly materials at either natural or finished grade.
"Retirement home" means an establishment providing domestic care for elderly persons who are not in need of
medical or nursing treatment except in the case of temporary illness. This definition does not include nursing,
convalescent or rest homes, hospitals or sanitariums.
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Chapter 15.02 DEFINITIONS
"Reviewing official" means the building official, administrative official, hearing examiner, city of Yakima planning
commission, or legislative body when engaged in any review or approval procedure under the provisions of this title.
"Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land.
"Right-of-way, public" means land deeded or dedicated to or purchased by the city of Yakima or Yakima County for
existing or future public pedestrian or vehicular access.
"Road, local access" means a public road not designed as a principal arterial, minor arterial, collector arterial or
neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a local access road is to
connect property along the local access road with the arterial street system.
"Road, private" means a road not designed, built, or maintained by the city, the Washington State Department of
Transportation, or any political subdivision of the state.
"Road, public" means the physical improvement of the public right-of-way, including, but not limited to, surfacing,
curbs, gutters and drainage facilities, which is maintained and kept open by the city of Yakima or Yakima County
for public vehicular and pedestrian use.
"School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes
elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools,
nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or
parochial school.
"School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades.
"Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and
may include lubrication and minor repair service and incidental sale of motor vehicle accessories.
"Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent
right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured
perpendicularly from the design centerline. When there is no right-of-way, the front setback shall be twenty feet
from the front property line.
"Setback, side and rear" is the minimum horizontal distance measured perpendicularly from the nearest property line
to the nearest wall of the structure, except that a side setback on a corner lot, along the adjacent right-of-way, shall
be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the
setback shall be measured perpendicularly from the design centerline.
"Sewer system, community" means small, self-contained sewage treatment facilities built to serve developed areas
generally found outside public sewer service areas.
"Sewer system, individual" means a system designed and constructed on site to dispose of sewage from one or two
structures. Septic tank systems are the most common form of individual sewer system.
"Sewer system, regional" means sewer service provided by a municipality or special purpose district.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and assembly of metal -cased, thermo-formed,
wooden, stone, neon, internally lit, or electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction requirement or site improvement that is a
condition of approval for any permit issued under the provisions of this title or which is a part of any site plan
approved under the provisions of this title.
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"Site plan, detailed" means a general site plan incorporating such additional factors as landscaping, drainage, and
others as may be specified.
"Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built
upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of
the proposed building(s), structure(s), or alteration(s).
"Social card room" means a commercial facility, or a portion thereof, open to the general public, in which house -
banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be
subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by
the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended
hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with,
slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with,
any other electronic mechanism including video terminals.
Specialty Food Store/Food Store, Specialty. See "Delicatessen and other specialty food stores.
"Standard, administrative adjustment of means a change, either an increase or decrease, in one or more of the
development standards in YMC Chapters 15.05 through 15.08, in accordance with the provisions of YMC Chapter
15.10.
"Standard, general" means any standard not capable of precise numerical definition, but which expresses the policies
of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or
Type (3) review.
"Standard, specific" means those numerical standards established in YMC Chapters 15.04, 15.05, 15.06, 15.07,
15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted
pursuant to the requirements of RCW Chapter 70.105.
"Stockpiling of earthen materials" means permanent and/or continuous use for storage of rock, gravel, rubble, sand,
or soil.
"Storage facilities, bulk" means either enclosed (see "Warehouse") or outdoor areas designed for the storage of
either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is
not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling
yards or vehicle sales lots.
"Storage facilities, commercial" means enclosed storage areas designated as support facilities for commercial
activities and used for the storage of retail materials.
"Storage facilities, residential mini -storage" means enclosed areas providing storage for residential goods and/or
recreational vehicles within the structure.
"Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the
site. This definition does not include automotive wrecking/dismantling yards or vehicle sales lots.
"Street" means a public or private road.
"Structural alteration" means:
1. Any change in a major component or other supporting members of the structure, including foundations,
bearing walls, beams, columns, floor or roof joists, girders, or rafters; or
2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement
of the structure.
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"Structure" means anything constructed or erected which requires location on the ground or attached to something
having a location on the ground.
"Structure, temporary" means a structure without any foundation or footings and which is removed when the
designated time period, activity, or use for which the temporary structure was erected has ceased.
"Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground
level or below ground level, with the depth of the container being more than eighteen inches or the area being more
than thirty-eight square feet.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service
of food incidental thereto.
"Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment.
"Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility,
except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk
haulers are not included under this definition.
"Transportation brokerage offices" means establishments primarily engaged in furnishing shipping information and
acting as agents in arranging transportation for freight and cargo.
Travel Agency. See "Professional business.
"Urban growth area" means the area within the city limits of Yakima and Union Gap, and the unincorporated
portion of Yakima County within the Yakima urban growth area boundary established by the board of Yakima
County commissioners pursuant to RCW 36.70A and adopted in the Yakima urban area comprehensive plan
(YUACP) as amended. The boundary and legal description of the Yakima urban growth area is set forth in YMC
15.01.020. The Yakima urban growth area is that area where growth is expected to occur over the next twenty years
from the adoption of the YUACP and is the area in which urban level public services are or will be provided.
"Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights,
police and fire protection.
"Use" means the activity or purpose for which land or structures or a combination of land and structures is designed,
arranged, occupied, or maintained together with any associated site improvements. This definition includes the
construction, erection, placement, movement or demolition of any structure or site improvement and any physical
alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or
proposed configuration of land, structures, and site improvements, and the use thereof.
Use, Class (1), (2), (3). See Class (1), (2), (3) uses.
Use, Modification of. See "Modification (of use or development).
"Use, principal" means the primary or predominant use to which a structure, part of a structure, or lot is or may be
devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the intent to
discontinue such use upon the expiration of the time period.
"Utilities" are those businesses, institutions, or organizations using pipes or conductors in, under, above, or along
streets, alleys or easements to provide a product or service to the public.
"Utility services" means facilities operated by utilities, but not including local transmission and collection lines,
pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs,
and sewage treatment plants.
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Chapter 15.02 DEFINITIONS
"Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for
the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of
privileges commonly enjoyed by other properties in the same vicinity and zoning district.
Veterinary Clinic. See "Animal clinic/hospital."
"Vision triangle" means a triangular-shaped portion of land established at street intersections in which nothing is
erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection. (See YMC 15.05.040.)
"Warehouse" means a structure used for the storage of goods and materials. See "Agricultural building."
"Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used
plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged,
stored or baled; and places or yards for the storage of salvaged materials and equipment from building demolition
and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of
garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does
not include the processing, storage or disposal of hazardous materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated with wastewater or
treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other
wastewater treatment facilities. Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter
70.105.
"Water system, public" means any system, excluding a system serving only one single-family residence, providing
piped water for human consumption, as defined and/or regulated under WAC 248-54.
"Whnlesale trade" means those lisps primarily enaaaed in the sale of merchandise to ratailarc and to inrinctrial
commercial, institutional or professional business users or to other wholesalers.
"Wineries or breweries" means a winery or brewery for processing and manufacturing purposes only, with limited
wholesale trade incidental to the primary use. Wineries and breweries are categorized as follows:
A. "Basic" does not have a commercial tasting room or restaurant;
B. "Resort/destination" has either a commercial tasting room or restaurant. This type of winery or brewery
is located on a site larger than five acres in size. It could typically be associated, or compatible with: high
density residential, resort lodging, or a bed and breakfast;
C. "Retail" has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle
wrecker subject to state regulation (RCW Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a structure.
"Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured
from the property line to the structure.
"Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from
the structure to the rear property line.
"Yard, side" means an open area between the side wall line of the structure and the side line of the lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests
directly on a side lot line.
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"Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures
are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are
required and specific lot areas are established, all as set forth and specified in this title. This definition also includes
the terms "zone" and "use district."
"Zoo" means a park or facility where animals are kept and raised for visitors to see and observe; zoological park.
(Ord. 2015-022 § 2, 2015; Ord. 2014-030 § 1, 2014; Ord. 2013-045 § 1, 2013; Ord. 2011-52 § 1, 2011: Ord. 2011-
12 § 1, 2011; Ord. 2010-16 § 1, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 1, 2005; Ord. 2002-53 §§ 1, 2,
2002; Ord. 98-60 § 1, 1998; Ord. 98-59 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 93-81 §§ 1-14, 1993; Ord. 3106 §§
1-5, 1988; Ord. 3019 §§ 1-10, 1987; Ord. 2947 § 1 (part), 1986).
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Chapter 15.03 ZONING DISTRICTS
Chapter 15.03
ZONING DISTRICTS
Sections:
15.03.010 Purpose and establishment of zoning districts.
15.03.020 District and map overlay intent statements.
15.03.030 Map of zoning districts and overlays.
15.03.010 Purpose and establishment of zoning districts.
The following zoning districts are established to protect the public health, safety and general welfare by
implementing the goals and policies adopted in the Yakima urban area comprehensive plan.
Residential Districts
Suburban Residential District (SR)
— Single -Family Residential District (R-1)
— Two -Family Residential District (R-2)
Multifamily Residential District (R-3)
Commercial Districts
Professional Business District (B-1)
— Local Business District (B-2)
— Historical Business District (HB)
— Small Convenience Center District (SCC)
— Large Convenience Center District (LCC)
Central Business District (CBD)
— General Commercial District (GC)
— Regional Development District (RD)
— Airport Support District (AS)
Industrial Districts
Light Industrial District (M-1)
Heavy Industrial District (M-2)
District Overlays
Airport Safety Overlay (ASO)
Floodplain Overlay (FO)
Greenway Overlay (GO)
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Chapter 15.03 ZONING DISTRICTS
— Institutional Overlay (10)
Master Planned Development Overlay (PD)
(Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 1, 2001: Ord. 2947 § 1 (part), 1986).
15.03.020 District and map overlay intent statements.
The district intent statements define the specific purpose of each district and/or zoning map overlay. They shall
reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for determining the appropriate
location of uses; help determine appropriate conditions for development; and help the administrative official
interpret the standards and provisions.
A. Suburban Residential District (SR). The intent of the suburban residential district is to provide a variety of
residential lifestyles with densities generally ranging from one unit per five net residential acres to seven units per
net residential acre. The higher density is reviewed and considered to be permitted when a public water system and
the regional sewer system are available, or if these utilities are not available, community water and sewer systems
may be allowed after review by Yakima County health district and the city of Yakima. (See YMC Chapter 15.05,
Table 5-1.) This district is further intended to:
1. Limit residential density to one unit per five net residential acres in areas where flooding, airport noise, or
other environmental constraints make the land unsuitable for residential use at higher densities. Development at
a lower density will be reviewed to allow conversion to higher densities once utilities are available or other
limiting issues are mitigated;
2. Maintain surface and groundwater quality along with the avoidance of potential health hazards, by
limiting residential density to one unit per five net residential acres, in areas where public services will not be
provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be
reviewed to allow conversion to higher densities once utilities are available or other limiting issues are
mitigated;
3. Provide the opportunity for suburban residential development, up to three dwelling units per net
residential acre, in areas with either public water service or a community sewer system; and
4. Allow residential development to seven dwelling units per net residential acre in areas with both public
water service and sewer system.
This district is characterized by a mixture of land uses and residential densities including small farms, scattered low-
density residential development, and clusters of higher -density residential development. The minimum lot size in the
district varies according to the suitability of the land for development and the provision of urban level services. See
YMC 15.05.030(E).
B. Single -Family Residential District (R-1). The single-family residential district is intended to:
1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except
those which are compatible with, and serve the residents of this district, which may include duplexes and zero
lot lines if established during the subdivision process;
2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to
ensure the preservation of the existing residential character, and serve the residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in
areas served by public water and sewer system.
Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty
percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and
one and two story structures. The density in the district is generally seven dwelling units per net residential acre or
less.
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Chapter 15.03 ZONING DISTRICTS
This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by
potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed;
except for public or quasi -public uses, which will be required to undergo extensive public review and will have all
necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent
residences.
Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1..
C. Two -Family Residential District (R-2). The purpose of the two-family residential district is to:
1. Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and
other uses compatible with the intent of this district; and
2. Locate residential development with densities up to twelve dwelling units per net residential acre in areas
receiving a full range of public services including public water and sewer service, and police and fire
protection.
The district is characterized by up to sixty percent lot coverage, access via local access streets and collectors, one
and two story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this
district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve
dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre
may be allowed in accordance with YMC Chapter 15.04, Table 4-1.
D. Multifamily Residential District (R-3). The multi -family residential district is intended to:
1. Establish and preserve high-density residential districts by excluding activities not compatible with
residential uses;
2. Locate high-density residential development more than twelve dwelling units per net residential acre in
areas receiving the full range of urban services;
Locate high-density residential development near neighborhood shopping facilities; and
4. Locate high-density residential development so that traffic generated by the development does not pass
through lower -density residential areas.
The district contains a variety of attached or clustered multifamily dwellings.
E. Professional Business District (B-1). The professional business district is intended to:
1. Establish and preserve areas for professional offices;
2. Provide a buffer between commercial clusters and residential neighborhoods; and
Locate professional offices in areas presently receiving a full range of urban services.
Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are the primary uses
in the district.
Generally, the professional business district contains smaller lot or parcel sizes. Residential densities are generally
greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the
site. Sitescreening requirements have been established to soften the visual impact of large buildings and parking lots
and to minimize potential nuisances from light, noise and glare. Development standards are intended to
accommodate a mixture of high-density residential development and office uses.
F. Local Business District (B-2). The purpose of the local business district is to:
DOm
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I . Provide areas for commercial activities that meet the small retail shopping and service needs of the
community; and
2. Accommodate small-scale commercial uses that need a higher level of visibility and easy access to major
arterials.
Uses characteristic of this district include small retail sales and service establishments.
G. Historical Business District (HB). The purpose of the historical business district is to recognize existing
isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional
neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to
allow structural expansion, or expansion of the use onto adjoining lots. It is further intended that this district is not to
serve as a small convenience center (SCC). Examples of HB uses are: taverns, small grocery stores, laundromats,
and other businesses serving the immediate residential neighborhood around this district. This zoning district is not
intended to be allowed to be further expanded or formed.
H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is
to:
1. Provide areas for commercial activities outside the downtown commercial district that meet community
retail shopping and service needs; and
2. Accommodate small commercial centers, generally two to five acres in size, where most of the
commercial uses have located in a coordinated manner around a common parking lot and one major
commercial approach driveway.
Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding
neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves.
Uses in this district should be retail or personal service establishments dealing directly with the consumer, the
primary occupants usually being such uses as a supermarket, fast food restaurants and drug store.
I. Large Convenience Center (LCC). The purpose and intent of the large convenience center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that meet the retail
shopping and service needs of the community; and
2. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses
are coordinated in a manner around a common parking lot and usually with two major commercial approach
driveways.
Large convenience centers serve the shopping and service needs of multiple surrounding neighborhoods and should
be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary
occupants usually being such uses as multiple -tenant shopping, restaurants, office complexes, and multi mixed -uses,
J. Airport Support District (AS). The purpose of the airport support district is to accommodate airport and aircraft
related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are
permitted. However, the intensity of development is directly related to airport and/or aircraft related uses.
K. General Commercial District (GC). The purpose of the general commercial district is to accommodate
wholesale and retail activities with some high-density residential development. This district is primarily located near
and along the major arterials as designated in the Yakima urban area comprehensive plan. Like the CBD district, a
variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD
district.
L. Central Business District (CBD). The purpose of the central business district is to preserve the business
district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and
culture. This district is characterized by very intensive development and a variety of land uses including retail sales
®®C.
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and service establishments, high-density residential development, financial institutions, professional buildings, and
government offices.
M. Regional Development District (RD). The purpose of the regional development district is to provide high
visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus,
recreation, large-scale retail, culture, and large multiple mixed uses. This district is characterized by very intensive
development and a variety of land uses including retail sales and service establishments, high-density residential
development, financial institutions, professional office buildings, hotels, condominiums, and corporation
headquarters.
N. Light Industrial District (M-1). The intent of the light industrial district is to:
uses;
Establish and preserve areas near designated truck routes, freeways, and the railroad for light industrial
Direct truck traffic onto designated truck routes and away from residential streets; and
Minimize conflicts between uses in the light industrial district and surrounding land uses.
The light industrial district provides areas for light manufacturing, processing, research, wholesale trade, storage,
and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that would constitute a nuisance
or hazard.
O. Heavy Industrial District (M-2). The intent of the heavy industrial district is to:
Establish and preserve areas near designated truck routes, freeways, and railroads for heavy industrial
uses;
2. Direct heavy truck traffic onto designated truck routes and away from residential streets; and
Minimize conflicts between heavy industrial uses and surrounding land uses.
The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing, and distribution
and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor, fumes, or
smoke that require their protection from encroachment by incompatible land uses.
P. Airport Overlay (AO). The airport overlay is intended to protect the airspace around the Yakima Air Terminal
at McAllister Field from airspace obstructions or hazards and incompatible land uses. In addition to the regulations
of the principal use district, the airport overlay includes provisions for:
1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future commercial and
industrial development; and
2. Assuring that land uses, locating near the airport, are compatible with noise, height obstruction and other
impacts from the airport operation.
Q. Floodplain Overlay (FO). The purpose of the floodplain overlay is to:
1. Protect natural drainage system associated with floodways and floodplains;
2. Ensure that new development will not affect the flood elevations in surrounding areas;
3. Ensure adequate protection of life, health, and property from flood events;
4. Control development located within the 100 -year floodplain unless it is possible to mitigate;
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Chapter 15.03 ZONING DISTRICTS
5. Ensure development is restricted within the floodway unless it is water dependent;
6. Emphasize FEMA standards in planning for flood prevention and damage reduction;
7. Comply with the city of Yakima's shoreline master program;
8. Minimize the expenditure of public money for flood -control projects;
9. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with
public money;
10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and streets;
11. Protect river, creek, and stream channels from encroachment so that flood heights and flood damage will
not be appreciably increased;
12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that property is in
an area of special flood hazards;
13. Ensure that property owners who occupy flood hazard areas have adequate information when they apply
for development changes to their property so the property owner can assess the results of their development
actions;
14. Continue to implement the National Flood Insurance Program; and
15. Use and enforce the building code to help minimize losses due to flooding.
R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve and maintain
the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor extends from Yakima
Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by the State Legislature with the
creation of the Washington State Yakima River Conservation Area.
The greenway corridor is classified into natural, conservation, and recreation areas. Each greenway corridor area
may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat
landings, parks, playgrounds, campgrounds, and group camps. Many of the greenway facilities, such as trails, have
been constructed on the top of existing dikes and levees. The greenway provides access for levee maintenance and
repair and to be responsible for damage to trails caused by flooding.
In addition to the provisions of the principal use district, the purpose of the greenway overlay is to:
1. Make the greenway more attractive and accessible to the public;
2. Assure development conserves shoreline vegetation and controls erosion;
3. Implement the Vakima County/city shoreline master program and the Yakima River Regional Greenway
Plan;
4. Limit development to activities which are particularly dependent on a location in the greenway;
5. Preserve and protect the fragile natural resources and culturally significant features along the greenway;
6. Increase public access to publicly owned areas of the greenway where increased use is desirable;
7. Protect public and private properties from the adverse effects of improper development in hazardous
shoreline areas; and
8. Give preference to uses creating long-term over short-term benefits.
D®c.
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S. Master Planned Development Overlay (PD). The master planned development overlay is intended to allow
larger scale, mixed-use developments in selected areas of the city where certain development requirements may be
adjusted as necessary to promote an integrated approach to planning and site design. The city finds that such
developments require special review and conditioning to ensure that adjacent areas are preserved and protected.
(YMC Chapter 15.28.)
T. Institutional Overlay (10). The institutional overlay is intended to allow designated community institutions
that are valuable and necessary to the community, but which are located adjacent to or within residential zones. The
city finds that these institutions require special review and conditioning to ensure that adjacent residential areas are
preserved and protected. (YMC Chapter 15.3 1.)
The institutional overlay includes provisions to:
Make the institution more compatible and accessible to the public;
Assure development has the ability for future expansion;
3. Provide increased protection such as increased buffers as the institution locates closer to residential
districts, especially R-1; and
4. Utilize the goals and policies of the Yakima urban area comprehensive plan. (Ord. 2011-52 § 2 (part),
2011: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 2, 2001; Ord. 95-13 §§ 1, 2, 1995; Ord. 3019 § 11, 1987;
Ord. 2947 § 1 (part), 1986. Formerly 15.03.030).
15.03.030 Map of zoning districts and overlays.
A. Adoption, Changes, Filing, and Replacement.
1. The zoning districts established by this title are defined as shown on the official zoning map for the
Yakima urban growt1i arca. 'I°he official zoning map,, together with all the explanatory material thereon, is
adopted by reference and declared to be a part. In addition, any adopted overlay shall be displayed on the
zoning map as identified by the adopted ordinance.
2. The official zoning map for the unincorporated portion of the Yakima urban growth area shall be
maintained in the Yakima County planning division. The city of Yakima department of community -an
ec,wmmic development shall maintain the official zoning map for that portion of the Yakima urban area within
the Yakima city limits.
3. Each official zoning map shall be identified by the adopted ordinance of the appropriate jurisdiction and
the date of adoption. The official zoning map maintained by the count /city shall be the final authority as to the
current zoning status of land.
4. Any changes in the district boundaries established by this title shall be made in accordance with the
provisions. The official zoning map shall be promptly changed after the amendment has been approved by the
respective legislative body.
5. No changes of any kind shall be made on the official zoning map except in conformance with the
procedures. Any unauthorized change by any person(s) shall be considered a violation and punishable as
provided under YMC Chapter 15.25.
6. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature
or number of changes and additions, the legislative body may, by resolution, adopt a new official zoning map,
which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other
errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending
the original zoning ordinance or any subsequent amendment thereof.
B. Basis for Mapping the Floodplain Overlay Area, Warning and Disclaimer of Liability. The floodplain overlay
shall be that area within the one -hundred -year floodplain shown on the federal flood insurance rate maps (FIRM) for
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
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Chapter 15.03 ZONING DISTRICTS
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the city and county. The Federal Emergency Management Agency (FEMA) periodically updates these maps. (Ord.
2011-52 § 2 (part), 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.03.040).
DOC
INDE
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Chapter 15.04
PERMITTED LAND USES
Sections:
15.04.010
Purpose.
15.04.020
Land use classification system.
15.04.030
Table of permitted land uses.
15.04.040
Unclassified uses.
15.04.060
Accessory uses.
15.04.070
Overlays.
15.04.080
Drive-through facilities.
15.04.090
Yard sales.
15.04.100
Caretaker dwellings.
15.04.110
Swimming pools.
15.04.120
Home occupations.
15.04.130
Temporary use permits.
15.04.140
Temporary hardship unit permits.
15.04.150
Standards for mobile/manufactured home parks.
15.04.160
Placement of mobile/manufactured homes in residential districts.
15.04.170
Placement of manufactured modular nonresidential structures.
15.04.190
Social card rooms.
15.04.200
State Fair Park—Exposition and Special Events Center.
Page 40/294
15.04.010 Purpose.
For any particular district, there are some uses that are consistent with the intent and character of the zoning district;
some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and
other land uses that, regardless of site design, are not consistent with the intent or character of the district. The
purpose of this chapter is to establish the degree to which each land use is permitted in each district and establish the
appropriate type of review for each land use in terms of the specific standards and requirements of each district.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.04.020 Land use classification system.
Land uses within each zoning district shall be classified into four principal categories which establish a class of use.
The class of use generally corresponds to a type of review that is based on a level of review complexity. However,
certain circumstances may alter the type of review due to a higher or lower complexity.
A. Class (1) uses are permitted, provided the district standards are met. The administrative official shall use the
procedures in YMC Chapter 15.13 to review Class (1) uses and associated site improvements. Class (1) uses in
certain situations may require a Type (2) review, as required by YMC 15.13.020. The procedures in YMC Chapter
15.14 shall be used to review and evaluate Class (1) uses that require a Type (2) review process.
B. Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and
the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be
incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order
to promote compatibility with the intent and character of the district and the policies and development criteria of the
Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to review and evaluate
Class (2) uses. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type
(3) review, as provided within this title.
C. Class (3) uses are generally not permitted in a particular district, but may be allowed by the hearing examiner
after a Type (3) review and public hearing. The hearing examiner may approve, deny, or impose conditions on the
proposed land use and site improvements to promote compatibility with the intent and character of the district and
the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC
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Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
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Chapter 15.15 shall be used to review and evaluate Class (3) uses or Class (2) uses that have been forwarded to the
hearing examiner for review.,
D. Uses Not Permitted. Any use listed in Table 4-1 and not classified as either a Class (1), (2), or (3) use in a
particular district shall not be permitted in that district. A request for an unclassified use, under YMC 15.04.040, that
is denied by the hearing examiner is considered as a use not permitted.
E. Multiple Uses. When two or more uses are proposed for the same project, the entire project shall be subject to
the type of review required by the highest classified use, Class (3) uses being higher than Class (2), and Class (2)
uses being higher than Class (1). (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 12, 1975; Ord. 2947 § 1 (part), 1986).
Adminisura6vu, OfluciaPs 1: eternia ination of'Tal ie offlermitted 1...,aand Uses:
uthoruized to (JeteA inr ifle whether a ik"Av o e ,q�li&d ps ncit odd r �Njse
1 _ C1au� trmurni st,rativa° o9ut;uat➢a.i1 larr ar.
i Kiri t flad sL 1"a�,aie 1 flermitted Land 11w;u:;, 14> a rte islent with ou„hb,n,nulu0drr to those plbmdry :lmrt aided ilror within. the
tadieo
2, hi, the ;.�vaw�ilw(M�IIrrr�alrltllcrr,1.�.as���a,r�4t,ra11,11y�m,1+�w,lasCuNtltiel)l,cttdcelwii�mrrrfthe Mgnbdstradvq,.Offi rark,_I,W
aflplicant raay sa nit a RN.1,Ue t for a writtem deterr ihiatio to the City of Y alahma IPllauinr ng (Division,
3...� ( the administrative oncua� larrrt, rrrc,tlta,luclyda,q,st�rtc l,uw$ b Iae,m,celrsisLant M01 or
siunidaar to those identified within TaWe-1•)�,jhe deleu°nnila�ldcm (loin be ref u°na xf to aRl� ,ltc�talul�; � ,a�u�plrac.r„for "In
intaa�r°pregarlirllr ts.,provided lor ,in YM(”" (,Ihh: 15 22
15.04.030 Table of permitted land uses.
Table 4-1 titled "Permitted Land Uses” is incorporated as part of this section. Each permitted land use listed in Table
4-1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may
require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site
improvements are subject to the design standards and review procedures of this title.
Table 4-1 Permitted Land Uses
SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2
AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture, General Farming
I
1
1
1
(not feedlots or stockyards) (*)
Agricultural Building (*)
1
1
1
l
Agricultural Chemical Sales/Storage
1
1
1
Agricultural Market (*)
1
1
1
1
1
1
1
1
Agricultural Stand (*)
1
1
1
Agricultural Related Industries (*)
2
1
1
1
Animal Husbandry (See YMC 15.09„070)
M
1
2
1
1
Concentrated Feeding Operation (*)
3
Floriculture, Aquaculture
1
1
1
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Chapter 15.04 PERMITTED LAND USES
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
DOC.
INDEX
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
I LCC
AS
GC
CBD
RD
M-1
M-2
Fruit Bin Salcs/Storage
3
2
1
1
Winery and Brewery—Basic (*)
3
3
1
2
Resort/Destination w/on-site agricultural
2
3
3
3
3
3
3
production (*)
Resort/Destination (*)
2
3
3
1
1
1
3
Retail (1'1
1
1
l
1
1
1
2
AMUSEMENT AND RECREATION
Aquatic Center
3
3
3
1
2
Amusement Park (Permanent) (*)
3
3
3
1
3
Bowling Alleys
2
2
2
1
1
2
3
Campground (*)
3
2
Drive in Theatres
3
2
2
2
Exercise Facilities
2
1
1
l
1
2
1
1
l
2
Horsc Racing Tracks, Speedways
3
3
Game Rooms, Card Rooms, Electronic
3
2
1
2
2
2
Game Rooms (*)
Golf Courses, Clubhouses, Golf Driving
3
3
3
3
Ranges
Miniature Golf Courses
3
3
1
1
1
1
Movie Theatres, Auditoriums, Exhibition
3 1 1 1 1
Halls
Parks (*)
2 2 2 2 2 2 2 2 2 2 2 1 2 2
Roller Skating or Ice Skating Rink
2 2 1 1 2
Sports Facility (indoor)
2 2 l 2 1 2
Social Card Rooms (See YMC 15.09.090)
(*)
3 3 3 3 I
T1
State Fair Park
1�
(See YMC 15.04.200)
COMMUNITY SERVICES
Cemetery/Crematorium with Funeral Home
3
3
3
3
3
3
Funeral Home not associated with
3
2
2
2
1
11
2
2
Cemetery/Crematorium
Churches, Synagogues, and Temples (*)
2
2
2
2
2
2
2
2
1
1
2
2
Community Center (*) Meeting Halls,
2
2
2
2
2
2
2
2
2
1
1
2
Fraternal Organizations
Community Gardens (*) (if accessory to an
1
1
1
1
1
1
I
1
1
l
1
1
1
1
l
approved principal use) (See YMC
15.04.060(G))
Community Gardens (*) (with planting area
1
1
1
1
1
1
1
1
l
1
1
1
of one-quarter acre or less)
1
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Community Gardens (;*) (with planting area
2
2
2
2
2
2
2
2
2
1
2
2
of more than one-quarter and up to one-half
acre)
Community Gardens (*) (with planting area
2
2
2
2
2
2
2
2
2
2
2
2
of more than one-half acre up to one acre)
Daycare Facilities (not home occupation).
l
2
2
2
2
2
2
2
1
1
1
Family In -Home (*)
Daycare Center (*)
2
2
2
2
1
1
2
1
1
1
1
2
1
Public Facility (*)
3
3
3
3
2
2
2
2
1
1
1
1
1
1
Hospital (*) Outside Institutional Overlay
3
3
3
3
3
3
3
3
Correctional Facilities
3
3
3
3
3
3
Libraries
3
3
3
2
1
2
1 1
1
1
1
1
1
Museums, Art Galleries
3
3
2
1
2
l
1
1
1
1
1
1
Schools
Elementary and Middle
3
3
3
3
3
3
1
3
Senior High School
3
3
3
3
3
3
3
3
Business Schools (*)
3
3
3
3
3
3
2
2
1
1
1
2
2
Community College/University—Inside
(See YMC Chapter 15.30)
Institutional Overlay
Community College/University—Outside
3 3 3 3 3 2 2 2 2 3 2 3 2 2
Institutional Overlay
Vocational Schools (*)
3
3
3
3
3
2
2
2
1
l 1
2
3
Wastewater Sprayfield (*) 3 3 3
Zoo (*) 3 3 3 3 3
HEALTH AND SOCIAL SERVICE FACILITY
Group Homes (six or fewer), Adult Family 1 1 1 1 1 I 1 I
Home (*)
Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3
Rehabilitation
Boarding House (*) 3 3 3 3 3 1 2
Halfway House (*) 2 3 3
Group Homes (more than six), Convalescent 3 2 2 2 3 3
and Nursing Homes (*)
Mission (*) (with Type (3) review, and 2 2 2
development agreement—see definition)
MANUFACTURING
Agricultural Product Support 2 2 2 1 l
Aircraft Parts
1
1
1
Apparel and Accessories
3
2
2
1
1
Bakery Products (wholesale)
2
2
2
2
2
1
1
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Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Beverage Industry (*)
2
2
2
l
1
Canning, Preserving and Packaging Fruits,
3
1
1
Vegetables, and Other Foods
Cement and Concrete Plants
3
1
Chemicals (Industrial, Agricultural, Wood,
3
1
etc.)
Concrete, Gypsum and Plaster Products
1
2
1
1
Confectionery and Related Products
2
2
2
1
1
2
1
1
(wholesale)
Cutlery, Hand Tools and General Hardware
1
3
1
1
Drugs
1
2
1
1
Electrical Transmission and Distribution
1
2
3
1
1
Equipment
Electronic Components and Accessories and
1
2
2
3
1
1
Product Assembly
Engineering, Medical, Optical, Dental,
1
2
1
1
Scientific Instruments and Product
Assembly
Fabricated Structural Metal Products
2
3
3
1
1
Food Processing
2
3
1
1
Furniture
2
3
2
1
l
Glass, Pottery, and Related Products and
2
2
2
1
1
Assembly
Grain Mill Products
3
1
1
Heating Apparatus Wood Stoves
1
1
Leather Products
3
1
1
1
Leather Tanning and Finishing
1
1
Machinery and Equipment
1
2
1
1
Meat, Poultry and Dairy Products
1
1
Paints, Varnishes, Lacquers, Enamels and
3
1
Allied Products
Paperboard Containers and Boxes
1
3
1
1
Plastic Products and Assembly
1
2
1
1
Prefabricated Structural Wood Products and
1
1
1
Containers
Printing, Publishing and Binding
1
3
2
1
1
Printing Trade (service industries)
2
2
2
1
1
2
1
Recycling Processing Center (*)
3
1
Rendering Plants, Slaughter Houses
3
Rubber Products
l
2
1
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Page 45/294
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
D *
INDIPEX
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Sign Manufacturing and Product Assembly
2
1
1
1
1
(*)
Sawmills and Planing Mills
2
1
Sheet Metal and Welding Shops
2
1
1
Stone Products (includes finishing of
2
1
2
2
3
1
1
monuments for retail sale)
Transportation Equipment, Including 1 1
Trailers and Campers
Woodworking: Cabinets, Shelves, etc. 3 1 2 2 1 1
MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT
Asphalt Paving and Roofing Materials, Rock
3
3
1
Crushing
Mining Including Sand and Gravel Pits (*)
3
3
3
Stockpiling of Earthen Materials (*)
2
2
2
2
1
1
1
1
1
1
1
1
1
1
Off -Site Hazardous Waste Treatment and 3 3
Storage Facilities (*)
RESIDENTIAL
Accessory Uses (*)
See YMC 15.04.060
Detached Single -Family Dwelling (*)
1
1
1
1
3
3
1
3
3
3
3
Accessory Dwelling Unit (*) (See YMC
2
2
15.09.045)
Existing or New Detached Single -Family
i
l
1
1
Dwelling on Existing Lots of 8,000 Square
Feet or Less
Detached Single -Family Dwelling (zero lot
2
2
2
2
3
3
1
3
3
3
3
line) (*) (See YMC 15.09.040)
Attached Single -Family Dwelling, Common
2
2
1
1
3
3
1
2
2
2
2
Wall (*)
Two -Family Dwelling (Duplex) (*)
3
3
1
1
2
2
1
2
2
2
2
Converted Dwelling (*)
3
3
2
2
2
2
2
2
2
2
1
Multifamily Dwelling (*): 0-7 DU/NRA
2
1
2
2
2
2
2
2
2
8-12 DU/NRA
2
1
2
2
2
2
2
2
2
13+ DU/NRA
3
1
2
2
2
2
2
2
2
Mixed -Use Building1
1 l I I 1 1
Planned Development (*)
See YMC 15.28
Mobile Home Parks (*)
2
2
2
Mobile Home (*) or Manufactured Homes
See YMC 15.04.160
(*)
Retirement Homes (*)
2 3 1 3 1 1
Temporary Hardship Units (See YMC
2
2
2
2
2
2
2
2
2
2
2
15.04.140)
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
D *
INDIPEX
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Chapter 15.04 PERMITTED LAND USES
Page 46/294
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
c.
1 Em,
"1 �w
*
SR R-1 R-2 R-3 B -I B-2 HB SCC 1 LCC AS GC CBD RDIM-1 M-2
RETAIL TRADE, AND SERVICE
Adult Business Uses
See YMC 15.09.200
Animal Clinic/Hospital/Veterinarian (*)
3
2
2
2
1
2
1
1
1
Auction House for Goods (*)
3
2
2
2
1
1
2
1
1
Auction House for Livestock (*)
3
2
2
.. ... ................ ....._._.................... ....._...-...__.....
Automotive
_..............
_............. ..
....................
.....
....................
_
.....
Automotive Dealer New and Used Sales
2
2
2
1
3
1
1
Weekend Automobile and Recreational
1
1
1
Vehicle (RV) Sales
Automotive: Car Wash/Detailing
2
1
1
1
1
1
2
Parking Lots and Garages
2
1
1
l
1
1
1
1
1
Maintenance and Repair Shops
2
1
1
2
1
2
1
2
Paint and Body Repair Shops
2
2
1
l
l
2
Parts and Accessories (tires, batteries, etc.)
2
l
1
1
1
2
1
2
Towing Services
1
3
1
1
Wrecking and Dismantling Yard (*) and
3
1
Hulk Haulers (*)
Bail Bonds
1
1
1
Beauty acid Baibei Shops
2
1
2
1
1
1
1
1
1
2
Bed and Breakfast Inn (*)
2
2
2
2
2
Li
2
1
Boats and Marine Accessories
2
2
1
1
1
1
Butcher Shop
1
1
1
1
2
2
1
Commercial Services (*)
2
1
2
1
1
1
1
1
2
Communication Towers (*)
See YMC 15.04.180
Convenience Store—Closed 10;00 p.m, to
l 2 1 1 1 1 1 1 2
6:00 a.m.
1
Convenience Store pen 10:00 p.m. to
2 2 2 1 l 2 1 2
6:00 a.m.
Pet Daycare/Animal Training (*)
2
1
1
1
2
1
1
2
Fane and Implements, Tools and Heavy
rl
1
2
3
1
1
Construction Equipment
I
Farm Supplies
2
2
1
1
2
1
Financial Institutions
1
l
1
l
1
I
1
1
Fuel Oil and Coal Distributors
l
2
1
1
Furniture, Home Furnishings, Appliances
1
1
1
l
1
1
1
General Hardware, Garden Equipment, and
2
l
1
1
1
1
1
1
1
Supplies
1
1
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
c.
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"1 �w
*
Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Page 47/294
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
DOC.
INDEX
h
SR
R-1
R-2
R-3
B-1
'B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
General Retail Sales 12,000 sq, ft, or less
2
1 1
1
(not otherwise regulated) (*)
General Retail Sales greater than 12,000 sq.
2
1
1
1
1
1
1
3
ft. (not otherwise regulated) (*)
Heating and Plumbing and Electrical
2
2
1
1
1
1
1
Equipment Stores
Heavy Equipment Storage, Maintenance and
l
1
1
Repair
Kennels (*)
2
2
2
Laundries, Laundromats and Dry Cleaning
2
2
1
1
l
1
2
1
Plants
Liquor Stores
2
2
l
1
1
l
Locksmiths and Gunsmiths
1
2
1
1
l
1
2
1
Lumber Yards
2
1
1
1
1
Massage Therapy/Spa (*)
l
l
l
1
1
1
1
1
1
Motels and Hotels
2
l
1
1
1
1
Night Clubs/Dance Establishments
i
2
1
1
1
1
1
Nursery (*)
2
1
1
1
1
1
1
1
Offices and Clinics
1 3
1
1
1
1
1
1
1
1
2
Office Contractor Building and Trade
3 I 1 1 1 1 1 1 1 2
(Plumbing, Heating, Electrical, and
Painting)
I I
Outdoor Advertising (Billboards)
See YMC 15.08.130
Pawn Broker
2
1
1
1
2
1
Radio/TV Studio
3
2
2
1
l
1
1
2
Recycling Drop -Off Center (*)
1
2
2
1
l
1
1
Rental: Auto, Truck, Trailer, Fleet Leasing
3
2
1
2
1
2
2
1
2
Services with Storage
Rental: Heavy Equipment (except
1
1
automotive) with Storage
Rental: Heavy Equipment (except
1
2
3
2
automotive) without Storage
Repairs: Small Appliances, TVs, Business
1
2
1
1
1
1
2
l
1
Machines, Watches, etc.
Repairs: Reupholstery and Furniture
1
1
1
1
1
1
l
1
Repairs: Small Engine and Garden
2
2
2
1
1
1
2
1
Equipment
Restaurant (*)
2
1
1
1
1
1
1
1
1
Seamstress, Tailor
1
1
1
1
1
1
1
1
Service Station (*) Closed Between 10;.00
2
1
1
1
1
1
1
1
p.m. and 6:00 a.m. (*)
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
DOC.
INDEX
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Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Page 48/294
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
DOC.
yy
INDFEA
n am
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Service Station(*) Open Between 10 00
3
2
2
1
1
2
1
2
p.m. and 6:00 a.m. (*)
Shooting Ranges (indoor)
3
3
3
3
1
Signs, Printed, Painted or Carved
2
2
1
1
2
1
1
Taverns (*) and Bars
1
2
I
1
1
1
1
1
1
Technical Equipment Sales (*)
2
1
2
1
1
1
1
1
1
1
Truck Service Stations and Shops
3
2
1
1
Truck (Large), Manufactured Home and
1
3
1
Travel Trailer Sales
Waste Material Processing and Junk
—1—L
3
I
Handling (*)
TRANSPORTATION
Bus Terminals
1
1
1
1
1
1
Bus Storage and Maintenance Facilities
1
1
Transportation Brokerage (*) Offices, with
2
2
1
1
Truck Parking
Contract Truck Hauling, Rental of Trucks
1
l
1
with Drivers
Air, Rail, `1°ruck `Nii,ninals (for short-term
1
1 2
1
1
storage, office, etc.)
Railroad Switch Yards, Maintenance and
1
N
Repair Facilities, etc.
.-
-
N'axicab N erminals', Maintenance and
3
3
1
Dispatching Centers, etc.
Airport Landing Field
I
Airport Operations (*) 1
UTILITIES
Power Generating Facilities
3 2 I
Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3
1 1
WHOLESALE TRADE—STORAGE
Warehouses (*) 3 1 2 2
1 1
Wholesale Trade (*) 2 1 1 2
1 1 1
Storage Facilities, Bulk (*) 1 2
1 1
Storage Facilities Commercial (*)
3
1
2
3
1
1
Residential Mini -Storage (*) 3 3 1 2 3 1 1
* Refers to a definition in YMC Chapter N 5 02,
= Not Permitted
1 = Class (1) Pennitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
3 = Class (3) Requires a llublic Hearing by the blearing Examiner
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
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Chapter 15.04 PERMITTED LAND USES
(Ord. 2015-022 § 3 (Exhs. A, B), 2015; Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord, 2011-52 § 3, 2011: Ord. 2011-12 § 2, 2011: Ord.
2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 2, 2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord. 98-61 §
2, 1998; Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4, 1995; Ord. 93-81 § 16, 1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13,
1987; Ord. 2497 § i (part), 1986).
15.04.040 Unclassified uses.
Any use not listed in Table 4-1 is an unclassified use and shall be permitted only in those districts so designated by
the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class
(2) or (3) use. The hearing examiner shall follow the provisions of YMC Chapter 15.22 when determining which
zoning districts are appropriate for a particular unclassified use. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure
or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be
clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and
intent of the zoning district. The land use classification and review requirements of an accessory use shall be the
same as that of the principal use(s), unless otherwise specified.
B. On-site hazardous waste treatment and storage is permitted as an accessory use in the SR, B-1, B-2, HB, LCC,
CBD, GC, M-1 and M-2 districts, subject to the state siting criteria in the Washington Administrative Code adopted
pursuant to the requirements of RCW Chapter 70.105.
C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are
primarily used to store motor vehicles by the occupants of the residence.
D. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential districts they are
subject to the following restrictions (see definitions of "kennel' and "animal husbandry"):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility, including, but not
limited to, fish; birds; dogs, four; cats, six; hen chickens (no roosters), fewer than five; and rabbits, fewer than
five;
2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the
residential nature of the neighborhood;
Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or more feet from any
residence or property line, and five feet from other structures including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of a residential
lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals within the backyard;
The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human habitation,
processing, treating or packaging of agricultural products, nor shall it be a place used by the public.
F. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use within the residential, B-1, or
B-2 zoning districts for more than two consecutive weeks at a time.
2. Permitted. Cargo containers and/or semi -truck trailers are allowed as an accessory use to a permitted
business in the SCC, LCC, AS, GC, RD, M-1 and M-2 zoning districts.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. # .
Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Page 50/294
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located within a
designated loading dock or loading bay shall be located no less than fifty feet from any existing residential
zoning district.
G. Community Gardens. Community gardens (accessory to an approved principal use) are considered an
accessory use to a principal use in all zoning districts; provided, the garden is clearly secondary to, supportive of,
and compatible with the principal use with regard to size and use. The land use classification and review
requirements of an accessory community garden shall follow the Type (1) review requirements of YMC 15.13, and
shall otherwise comply with all other provisions of the Yakima Municipal Code, and International Fire and Building
Codes. (Ord. 2014-030 § 3, 2014; Ord. 2011-52 § 4, 2011: Ord. 2010-16 § 4, 2010: Ord. 2008-46 § 1 (part), 2008:
Ord. 93-81 § 17, 1993: Ord. 3106 § 7, 1988: Ord. 2947 § 1 (part), 1986. Formerly 15.04.050).
15.04.070 Overlays.
A. Purpose. Overlay standards and criteria are established to coordinate the provisions established in the zoning
ordinance with more detailed policies and standards adopted in other plans and ordinances for the Yakima River
greenway overlay, institutional overlay atid, floodplain overlay. The airport safety overlay, pq, (,pjq�lc r„p(�n�h��
oiTw Q�al w wc)n a vqlay k arq established separately p4r �-(,)v6tle�'I by "Mt. Ch 15 09ptirsuanf,-Io Mt.. f iaapto 15T'30,
and is expressly exempted from the provisions of this section. All overlays are specifically governed by other
sections.
B. Project Review in Overlay. In order to assure the appropriate standards are applied:
1. All Class (1) uses in an -i,' i! r eq,gnyoverlay unless otherwise specified shall be subject to Type (2)
review (YMC Chapter 15.14).
2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an the gra en%vay overlay shall
be subject to Type (3) review.
C. Specific Development Standards for Overlays. See YMC 15.09.020. (Ord. 2008-46 § 1 (part), 2008)..
15.04.080 Drive-through facilities.
A. Review Required. Any commercial use having a drive-through service window or booth shall require one
higher level of review than shown in Table 4-1, except:
Those noted as a Class (3) use requiring a Type (3) review shall remain a Type (3) review; and
2. Financial institutions or properties that do not abut residential zones.
B. Purpose. Such review is required in recognition of the potential impacts of drive-through uses on adjoining
residential uses and the transportation system.
C. Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential
uses and the transportation system. The review of a drive-through facility shall include consideration of impacts
from the following: noise from the drive-through speaker and/or car radio, glare from vehicle headlights and exterior
lighting fixtures, fumes to residential uses, and impacts to transportation traffic flow and carrying capacity of the
arterial street system. The proposed site will require an on-site interior parking circulation plan as defined by YMC
15.06.030 and 15.06.080.
D. Definition. For purposes of this section, "drive-through” facilities means a window or station for providing
service to customers who remain in their vehicle to conduct a business transaction, excluding gas stations and car
washes. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 18, 1993. Formerly 15.04.055).
15.04.090 Yard sales.
Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are
met:
Only two yard sales per dwelling unit per year shall be allowed; and
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.04 PERMITTED LAND USES
Page 51/294
2. Each yard sale shall not exceed three days in duration. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1
(part), 1986. Formerly 15.04.060).
15.04.100 Caretaker dwellings.
Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory
uses in the GC, M-1 and M-2 districts. Caretaker dwellings or shelters are also permitted in the B-2, SCC, LCC and
CBD districts when the dwelling is located within the structure used for the principal use. No other dwelling unit(s)
or shelter(s) shall be allowed on the same parcel. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 14, 1987: Ord. 2947 §
1 (part), 1986. Formerly 15.04.070).
15.04.110 Swimming pools.
Swimming pools are permitted as an accessory use to: dwellings, hotels/motels, boardinghouses, retirement homes,
and other residential uses, schools, and recreational facilities when all of the provisions of YMC 15.05.020(K) are
met. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § I (part), 1986. Formerly 15.04.080).
15.04.120 Home occupations.
A. Purpose. The conduct of a business within a dwelling may be permitted in the residential districts under the
provisions of this section. It is the intent of this section to:
Ensure the compatibility of home occupations with other uses permitted in the residential districts; and
2. Maintain and preserve the character of residential neighborhoods; and
3. Promote the efficient use of public services and facilities by assuring these services are provided to the
residential population for which they were planned and constructed, rather than commercial uses.
B. Table of Permitted Home Occupations. Table 4-2 titled "Permitted Home Occupations" is incorporated as a
part of this section. Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2) or (3) use
for a particular residential zoning district. All permitted home occupations are subject to the standards of this title,
including the specific conditions of subsection C of this section and the applicable review procedures of YMC
Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection G of this
section.
Table 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Accountant 1
Architect 1
1
1
1
1
1
l
Artist, author, arts and crafts 1
1
1
1
Attorney 1
Barbershop, beauty parlor 2
1
2
1
2
1
2
Bed and breakfast* 1
2
1
1
Business administration 1
1
1
1
Cabinet, mill work, carpentry work 2
2
Catering service 2
2
2
2
2
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
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C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property
only when all the following conditions are met:
IN ^
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015, w
Zoning District
SR
R-1
R-2
R-3
B-1
Ceramics and sculpting
2
2
2
2
Composer
1
l
1
1
Day care, family home*
1
1
1
1
l
Dentist
1
2
2
2
...... ___... ...................._____.... ___-____.............._.....................................
Dog grooming
_........ ._
.....u,U3..._..W.
...
3
......—
3
-----------
3
Dressmaker, seamstress, tailor
1
1
1
1
Engineer
l
l
1
1
Food preparation*
1
2
1
1
1
Home instruction* 1-5 students
1
1
l
1
1
6-8 students
2
2
2
2
2
Insurance agent
1
1
1
1
Locksmith
1
2
2
1
1
Photographer (not including productions studio)
1
2
2
_ 2
Physician
1
2
2
2
Product assemblage*
1
2
2
2
1
Massage therapy/spa*
1
1
1
1
1
.ww_.www_...-wwwww�_
Music teacher
1
L 1
l
l
Production of small articles by hand without the use of automated or production line equipment
1
2
2
2
Radio, television and small appliance repair
2
2
L 2
2
Real estate agent
l
1
1
1
Secretarial, phone answering, desktop publishing service*
l
1
1
1
Small engine repair
2
Wedding service
2
2
2
2
2
Unclassified home occupation
See YMC 15.04.120(F)
NOTfC "Si
* ROers to definition in YMC Chapter 15,02,
i Tyln (I) Permilled Honic Occupation
2 I'ype () Review and Approval by the Administrative Official Required
3 = `I'ypc (3) Itcview Public lmlcaaring and Approval by the Hearing Examiner Required
= Not Permitted
C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property
only when all the following conditions are met:
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Chapter 15.04 PERMITTED LAND USES
1. The home occupation is conducted inside a structure within property on which is established the primary
residence of the practitioner(s);
2. The home occupation is incidental and subordinate to the residential functions of the property. No action
related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling;
There are no external alterations to the building which change its character from a dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed
that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential character of the premises
by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or
odors;
6. The home occupation does not generate materially greater traffic volumes than would normally be
expected in the residential neighborhood;
There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment that would change
the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for
residential use;
10. The home occupation does not increase water or sewer use so that the combined total use for the
dwelling and home occupation is significantly more than the average for residences in the neighborhood;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in the dwelling;
13. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated
or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the
home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any
home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable
times by the building and enforcement official for purposes of verifying compliance with the conditions of approval
and other provisions of this title.
D. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name
of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not
exceed two square feet in area or be illuminated.
E. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the
provisions of YMC Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. The
administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations.
F. Unclassified Home Occupation—Review by the Hearing Examiner. Home occupations not listed in Table 4-2
shall be reviewed by the hearing examiner in accordance with the provisions of YMC Chapter 15.22; provided, any
unclassified home occupation permitted after review and decision by the hearing examiner in a particular district
shall be allowed only as a Class (2) or (3) use.
G. Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a
pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use
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and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be
permitted as home occupations:
1. Auto repair;
2. Antique shop or gift shop;
3. Kennel;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats;
6. Large appliance repair including stoves, refrigerators, washers and dryers;
7. Upholstering;
8. Machine and sheet metal shops;
9. Martial arts school;
10. Taxidermist;
11. Two-way radio and mobile telephone system sales and service;
12. Vehicle sign painting (except for the application of decals);
13. Firearm sales and/or gunsmith.
H. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the
administrative official finds that either the application or record fail to establish compliance with the provisions of
this chapter. When any application is denied, the administrative officer shall state the specific reasons and cite the
specific provisions and sections of this title on which the denial is based.
I. Parking. The administrative official shall determine parking requirements for home occupations, as provided
by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter
15.06. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord. 3019 §§ 15-17, 1987;
Ord. 2947 § 1 (part), 1986. Formerly 15.04.090).
15.04.130 Temporary use permits.
Temporary use permits may be issued by the administrative official for temporary structures and associated site
improvements used for the storage of equipment, or supervisory offices in connection with major construction
projects; provided, that such temporary structures and associated site improvements may not be maintained for more
than one year. The administrative official may extend this period for one additional year.
A site plan showing the location, size and type of structure is required to be submitted at the time of application for a
temporary use permit. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.100).
15.04.140 Temporary hardship unit permits.
A. In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be
permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be
subject to Type (2) review and shall only be issued when all of the following conditions are met:
1. The applicant provides a physician's statement certifying the accessory living quarters are for a person(s)
requiring daily care or supervision;
2. The temporary hardship unit meets the minimum setback and height standards for principal uses in the
applicable district;
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3. The temporary hardship units and principal dwelling together do not exceed the lot coverage standards
for the applicable district;
4. The temporary hardship unit has an approved sewage disposal system, water supply, and electrical
connection prior to occupancy;
5. The approval of the unit will not materially harm the public interest, the intent of the district, or the
character of the neighborhood; and
6. No rent, fee, payment or charge in lieu thereof may be made between the recipient and providers of
special care for use of the temporary hardship unit.
B. Only one temporary hardship unit shall be permitted on a parcel..
C. Temporary hardship unit permits shall be subject to annual renewal, at which time the building
official/planning department shall review and certify the justification for continuation of the use, or terminate the
permit. The temporary hardship unit shall be removed within ninety days from termination of the use or revocation
of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be
solely that of the permit holder. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 18, 1987: Ord. 2947 § 1 (part), 1986.
Formerly 15.04.110).
15.04.150 Standards for mobile/manufactured home parks.
A. Purpose. The purpose of this section is to establish standards and criteria for development and expansion of
mobile/manufactured home parks within the urban area. These standards are provided to ensure uniform,
coordinated development of mobile/manufactured home parks and to ensure the general health, welfare and safety of
the occupants of mobile/manufactured homes that may be located within a park developed under these standards.
These standards shall be applied in a manner that stresses minimizing costs. Alternatives that reduce costs and meet
the intent of these standards will be encouraged.
B. Site Plan Requirements. All proposals for mobile/manufactured home parks shall include a site plan based
upon a land survey drawn by a licensed architect, engineer or surveyor and shall include the following information
in addition to the standard information required for site plans:
1. All spaces shall be clearly delineated on the site plan and include dimensions and square footage for each
space;
2. A building envelope shall be shown within each space;
3. Unit setbacks shall be shown for each space;
4. The location of required parking for each unit shall be shown on the site plan;
5. Streets shall be shown on the site plan;
6. Signage for the park and directional signage shall be shown on the site plan;
7. The location of all solid waste containers and screening of containers shall be shown on the site plan; and
8. All facilities, utilities, improvements and amenities shall be shown on the site plan, including pathways,
sidewalks, and recreational facilities.
C. Development Standards. All mobile/manufactured home parks shall be developed in compliance with the
underlying zoning district and shall be in compliance with this section. The density of a park or park expansion shall
not exceed the density of the underlying zoning of the district. All required site improvements shall be installed prior
to placement of units in the park. Additional site improvements may be required by the reviewing official.
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1. Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home
park, exclusive of streets, shall meet the lot size, lot width and all other standards for detached single-family
dwellings, as shown on Table 5-2 of this Lille. Space size may be reduced with the provision of improvements
in accordance with the following:
a. Provision of Recreational Areas. Space size requirements of the underlying district may be reduced
by a maximum of ten percent with the provision of a developed recreational area for use by the residents.
The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park
area.
b. Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a
maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least
one side of each street and all recreational areas.
C. Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may
be reduced by a maximum of ten percent with the provision of curbs, gutters and sidewalks on both sides
of the street.
d. Cumulative Space Size Reduction. Space size may be reduced up to twenty percent with the
provision of any combination of items in subsections (C)(1)(a) through (c) of this section.
2. Internal Street Paving. A minimum of twenty-four feet of paved internal street shall be required for
access to each unit, paved in accordance with YMC 15.06.110.
3. Off -Street Parking. Two paved off-street parking spaces shall be provided for each unit in accordance
with this title, YMC Chapter 15.06.
4. Street Lighting. A street light shall be provided at each street intersection within the park.
5. Right -of -Way Dedication and Frontage Improvements. Appropriate provisions for right-of-way
dedication and right-of-way improvements adjacent to the park shall be made, including street paving,
sidewalks, curbs, gutters, and street lighting. Improvements shall be installed prior to placement of units in the
park, unless an appropriate bond or instrument acceptable to the appropriate jurisdiction is provided to
guarantee installation of improvements.
6. Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing blue street
signs consistent with the appropriate jurisdiction's public street signs. Internal directional signs indicating
unit/space numbers shall be placed at all street intersections within the park.
7. Utilities. All utilities shall be installed prior to placement of units in the park, including irrigation,
domestic water, and sewer. All utilities shall be installed underground, including electrical distribution,
telephone, and cable TV. The internal water system shall include fire hydrants located at the direction of the
appropriate jurisdiction's fire department.
8. Minimum Unit Separation. Units shall be separated by a minimum of ten feet, measured from the furthest
extremity of each unit, including stairways.
9. Perimeter Sitescreening and Landscaping. The perimeter of a park shall be sitescreened with a six -foot -
high, view -obscuring fence and shall include at a minimum a ten -foot -wide landscape strip adjacent to the
fence and within the park consisting of a combination of shrubs, trees and groundcover.
10. Stormwater Drainage. All stormwater drainage shall be retained on site and a drainage plan shall be
approved by the appropriate jurisdiction.
11. Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for
common use, and shall be screened with a six -foot -high, view -obscuring fence or wall and access gate.
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12. Play Area Requirement. Each unit shall provide a play area for children contained within the unit's
space, consisting of a minimum size of six hundred square feet and a minimum width of fifteen feet.
D. Expansion of Existing Mobile/Manufactured Home Parks. All standards of this section shall apply to
expansion of existing mobile home parks. The standards shall not apply to existing areas of a park not being
expanded. The examiner may, at his or her discretion, reduce one or more standards of this section for newly
expanded areas of a park if expansion plans also include improvements to the existing park area.
E. Maintenance of Common Areas, Landscaping and Open Space/Recreational Areas. All common areas and
facilities (including streets, walkways, utilities, landscaping, storage areas, open space, and recreational areas) shall
be continuously maintained in good condition by the park owner or designated homeowner's association. An
irrigation system shall be installed for maintenance of landscaping and recreational/open space areas that would
normally require irrigation.
F. Planned Development Under the Provisions of This Title. Development of a mobile/manufactured home park
may be accomplished under the planned development provisions of this title. (See YMC Chapter 15.28.) (Ord. 2008-
46 § 1 (part), 2008: Ord. 98-62 § 1, 1998. Formerly 15.04.115).
15.04.160 Placement of mobile/manufactured homes in residential districts.
A. Purpose. The provisions established herein are intended to assure that the siting of manufactured homes is
harmonious with the surrounding residential uses and preserves the general character and integrity of the
neighborhood.
B. Table of Review Requirements for Mobile/Manufactured Homes. Table 4-3 titled "Review Requirements for
Mobile/Manufactured Homes" is incorporated as a part of this section. The table indicates in which residential
districts mobile/manufactured homes may be permitted as a Class (1), (2) or (3) use. All manufactured homes on
individual lots are subject to the specific conditions of subsection C of this section and the applicable review
procedures of YMC Chapters 15.13, 15.14 and 15.15.
C. Siting Standards. All manufactured homes shall be installed in compliance with applicable codes. In addition,
manufactured homes installed in the residential districts, not in manufactured home parks, may be required to meet
the following siting standards:
Roof Slope. Roof slope shall be not less than a two -foot rise for each twelve feet of horizontal run.
2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site -built
homes.
3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with
surrounding site -built homes.
4. Pit Set. Manufactured homes shall be "pit set" with first floor elevation no more than twelve inches above
finished grade. The pit shall be of sufficient depth to accommodate eighteen inches' clearance below the frame
of the unit with crawlspace access located near utility connections. The foundation shall be installed in
compliance with the requirements of the Washington Administrative Code. Skirting or side walls shall be
installed around the perimeter and the tongue and axle shall be removed.
D. Replacement of a Nonconforming Mobile Home on an Individual Lot with Another Mobile Home or
Manufactured Home.
1. Type (1) review shall be used to replace a nonconforming mobile home with another mobile home that is
newer and the same size.
2. Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home.
3. Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is
a larger size. A nonconforming mobile home cannot be replaced with an older mobile home.
LD1 A .
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a. The replacement mobile home shall meet all Washington State Department of Labor and Industries
(L&I) improvement criteria before the mobile home can be moved to the replacement location site, which
is limited to an existing manufactured home park.
b. Verification provided to the appropriate jurisdiction of said improvements and inspections by L&I
shall be provided before said replacement.
E. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another
Manufactured Home. Type (1) review shall be used to replace an existing or approved manufactured home with
another manufactured home that is newer and the same size or larger. The modification provisions of YMC Chapter
15.17 shall be used to replace a manufactured home with another manufactured home that is smaller.
F. Siting. Manufactured homes constructed after June 15, 1976, which comply with the following requirements,
may be sited in the same manner, and subject to the same conditions, as a site -built home, notwithstanding any other
YMC Title 15 requirements.
1. Is a new manufactured home which has not been previously titled to a retail purchaser and is not a "used
mobile home" as defined in RCW 82.45.032(2);
2. Is set upon a permanent foundation, as specified by the city of Yakima, and the space from the bottom of
the home to the ground is enclosed by concrete or an approved concrete product, which can either be load
bearing or decorative;
3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in
which the manufactured home is to be located;
Is thermally equivalent to the state energy code; and
Meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
Table 4-3. Review Requirements for Mobile/Manufactured Homes Previously Titled
Approved or Approved or Existing On Individual Lots
Existing Mobile Manufactured Home
Home Parks Subdivisions SR R-1 R-2 R-3
Mobile Homes I
Single -Wide (not meeting YMC 15.04.160(C))__ 1 2 2 3 3
_. ............ ...-.......... ...............
Single -Wide (meeting YMC 15.04.160(C)) 1 l 1 3 2 2
Multi -Wide (not meeting YMC 15.04.160(C)) 1 1 2 3 3
Multi -Wide (meeting YMC 15.04.160(C))
1
1 1 2 2 2
* Refers to a definition in YMC Chapter 15.02
1 = Type (1) Permitted Use
2 = Type (2) Requires an Administrative Review and Approval by the Administrative Official (YMC Chapter 15.14)
3 = Type (3) Requires a Public Hearing and Approval by the Hearing Examiner (YMC Chapter 15.15)
= Not Permitted
(Ord. 2010-16 § 5, 2010: Ord. 200846 § 1 (part), 2008: Ord. 2005-29 § 1, 2005; Ord, 95-13 § 5, 1995; Ord. 93-81 §§ 20, 21, 1993: Ord. 3106 §§
8-10, 1988; Ord, 3019 §§ 19, 20, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.120).
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15.04.170 Placement of manufactured modular nonresidential structures.
A. Purpose. To assure public safety and compatibility with the general character and integrity of the district.
B. Standards. Modular, nonresidential structures are permitted in all districts, subject to compliance with other
standards of the district.
C. Definition. A modular nonresidential structure manufactured with the intent of being transported to a fixed
site and built in accordance with the building code as adopted by the appropriate jurisdiction. (Ord. 2008-46 § 1
(part), 2008: Ord. 93-81 § 22, 1993. Formerly 15.04.125).
15.04.190 Social card rooms.
In zones where allowed, no social card room shall be permitted within five hundred feet of any public school,
private school (meeting the requirements for private schools under RCW Title 28A), church, or park, as
measured according to RCW 66.24.010(9) or as the same may be hereafter amended. (Ord. 2008-46 § 1 (part),
2008).
15.04.200 State Fair Park—Exposition and Special Events Center.
A. Purpose. To establish permitted uses and special development standards for the very unique fixed campus of
uses and activities of the Central Washington Fairgrounds, hereafter known as the State Fair Park—Exposition and
Special Events Center. This section is intended to provide regulatory guidance that will ensure production integrity
and economic performance of existing uses and continued development of the campus. The State Fair Park produces
and hosts activities in multi -use facilities established specifically to address the unique market response, operations
and sustainable economic performance requirements of the exposition and special events industry, which include:
production and operational requirements of the annual Central Washington State Fair and nonfair events and use
activities; a broad array of land uses and the overall mix of types of uses found to be consistent with the state
statutory authorizations for agricultural fairs (RCW Chapter 15.76) and county fairs (RCW Chapter 36.37); in
addition to those uses allowed in the general commercial (GC) zoning district.
B. Special Definitions. The area of land currently occupied by the Central Washington State Fair, now named
"State Fair Park," is a unique fixed campus dedicated to providing a special venue for community use, commercial
use, trade shows and exposition uses, special event uses, destination attraction uses, permitted uses and similar
events. The following special definitions describe broad categories of uses, events and activities allowed within the
campus. Each special definition is followed by a representative list of examples to illustrate a range of allowable
uses that the campus site might host. The lists are not all-inclusive; new uses and activities determined to be
consistent with these special definitions may be added/included through the similar use, use interpretation and
unclassified use review processes of this chapter as they are identified.
1. Community uses, events, or activities serve local or area community, social, cultural and service
organizations, and local, state and federal agencies. The activities are "nonrevenue generating," meaning that
the event may pay a use fee, but does not facilitate commercial product sales or services where revenues are for
profit or financial gain of an individual, corporation or privately held organization. Those entities that generally
qualify for community event status are local and area civic groups, service clubs, nonprofit associations,
schools and universities, county and city government and other organizations that promote socio-economic
well-being, serve a particular class of people, promote quality of life and respond to the safety and welfare of
the general public.
Banquets;
Church groups;
Clinics;
Conferences;
Dance classes;
Day camps;
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Chapter 15.04 PERMITTED LAND USES
Emergency services;
Family reunions;
Fashion apparel;
Home improvement classes;
Meetings/retreats;
Parties/socials;
Picnics;
Political fundraisers;
Professional/vocational education;
Recreation/leisure classes;
Self-improvement;
Service club fundraisers;
Training classes;
Weddings/receptions; and
Youth equestrian activities.
Page 60/294
2. Commercial uses, events or activities include revenue-producing activities when the purpose of the
organizer or promoter is to facilitate services or wholesale and retail sales activity, generating revenues for
profit or to stimulate market activity creating sales beyond the actual event. Such organizations may include
"nonprofit corporations," for-profit organizations and industry associations that represent a particular product,
service, special interest or commercial enterprise that attract general audiences, manufacturers, distributors,
buyers or sellers and patrons.
Appliance shows;
Auctions;
Auto shows;
Boat shows;
Breed shows;
Computer shows;
Flea markets;
Fireworks displays;
Floriculture/horticulture shows;
Gun shows;
Home and garden shows;
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Chapter 15.04 PERMITTED LAND USES
Livestock: animal exhibitions, shows, training, sales, boarding;
Model shows;
Recreational equipment shows;
Religious festivals;
Sports exhibitions; and
Technology exhibitions.
3. Trade shows and expositions are classified as uses organized for the purpose of promoting a particular
line of products, services or commodities within industry classifications, such as transportation,
communications, aviation, boating, electronics, agriculture, entertainment/amusement and so forth. The event
organizer and/or producer may be an industry association, nonprofit corporation, sponsor or for-profit entity
which facilitates an event designed to create business development opportunities, stimulate wholesale and retail
transactions, distribute products and create short-term, as well as long-term, sales. Such shows or events are for
industry and general public audiences, and are focused on specific products and market, client or customer
development, product or service sales and other purposes that stimulate economic activity within a particular
industry. The following is a representative list of trade show and exposition uses and activities:
Agricultural industries;
Amusement and entertainment;
Apparel;
Appliances;
Consumer shows;
Electronic s/communications;
Environmental science;
Farm equipment;
Food and hospitality;
Forestry;
Interior design;
Medicine;
Outdoor sports;
Professional services;
Public transportation;
Sports products;
Tourism/leisure industries; and
Trade shows.
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Chapter 15.04 PERMITTED LAND USES
4. Special event uses, events and activities include functions designed to attract large and diverse audiences,
and are typically revenue-producing activities that generate funds through gate and parking fees, product sales,
advertising sales, concession contracts, and other revenue sources. Special events generally follow a particular
theme, such as cultural or holiday themes, sports or program themes, relative to the purpose of the event, and
draw from local and regional market populations. The following is a representative list of special event uses:
Amusement rides and games;
Carnivals;
Circuses;
Concerts;
Fairs;
Festivals;
Games;
Motorized sports;
Pageants;
Rodeos;
Seasonal celebrations;
Socials/galas;
Sporting events/facilities; and
Tournaments.
5. Destination attraction events, uses and activities draw upon resident and visitor population markets, extol
leisure and commercial recreation activities and are typically revenue -based enterprises. Destination attractions
may include amusement parks, family entertainment centers with special attractions including water features,
major rides, cultural entertainment and virtual reality attractions. Destination activities may also include a mix
of themed enterprise activities. Other destination attractions may include specialty retail shopping,
entertainment center, hospitality, commercial recreation centers, health and fitness facilities and other
permanent and temporary structures designed and developed to support destination activities.
C. Allowable Uses. The following uses, including related events and activities, are allowed within the State Fair
Park subject to SEPA mitigation where required, the development standards of this code and other construction
permit requirements:
Existing uses of the State Fair Park campus shall be considered Class (1) uses.
2. Uses identified in subsection B of this section, Special Definitions, or uses determined by the
administrative official to be consistent with, and similar to, those special definitions uses as may be determined
in accordance with YMC 15.22.050(C)(3) shall be considered Class (1) uses.
3. Uses in Table 4-1 of the GC district, not otherwise listed in subsection B of this section, Special
Definitions, shall be allowed according to the type of review indicated.
4. YMC 15.22.050(C)(1), Use interpretations, decisions by the hearing examiner,
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D. Annexation—State Fair Park. The annexation of the State Fair Park into the city of Yakima shall not alter any
lease agreement by and between Yakima County as lessor and the Central Washington State Fair Association as
lessee, or any powers or responsibilities of Yakima County or its lessee relative to the Central Washington State Fair
or other activities at the State Fair Park that are subject to the provisions of Chapter 15.76 or 36.37 RCW or other
state law. Any future proposed amendments to the Yakima urban area zoning ordinance that would or may affect the
operations of the State Fair Park shall be processed in accordance with the ordinary course of administering
proposed ordinance amendments. (Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 3, 2005. Formerly 15.04.135).
i,
IIIA w� lig :,
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015,
Yakima Municipal Code
Chapter 15.05 SITE DESIC:"wN AND IMPROVEMENT
STANDARDS
DARDS
Chapter 15.05
SITE DESIGN AND IMPROVEMENT STANDARDS
Sections:
15.05.010 Purpose.
15.05.020 Site design requirements and standards.
15.05.030 Creation of new lots—Subdivision requirements.
15.05.040 Vision clearance.
15.05.050 Street right-of-way dedication.
15.05.055 New development improvement standards.
15.05.060 Administrative adjustment of certain basic development standards allowed.
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15.05.010 Purpose.
The purpose of this section is to establish certain basic development requirements. These are the minimum criteria
that must be met to assure land use compatibility and promote the public health, safety and welfare. Some of these
requirements are flexible and the administrative official or hearing examiner may adjust them under YMC Chapter
15.10. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.05.020 Site design requirements and standards.
A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and the
requirements in Table 5-1 and Table 5-2 are established for all development in the zoning districts indicated.
B. Development on Nonconforming Lots. Development on nonconforming lots is governed by this section and
YMC 15.19.040. Except as limited by this title, any permitted use may be allowed on any lot legally created prior to
the adoption of this title. Such development and stnictures are subject to the following additional provisions:
1. Detached single-family dwellings erected on nonconforming lots must meet the following criteria:
a. The setback dimensions of the structure conform to the regulations of this title;
b. The lot has at least twenty feet of frontage on, or a minimum twenty -foot -wide access easement to, a
public or private road;
C. All other site design and development criteria other than the lot size requirements of Table 5-2 are
met.
2. Zero lot line, common wall, or duplex development may be permitted on such lots in the R-2, R-3 and 13-
1 districts only if the conditions of subsection (13)(1) of this section are met.
3. Multifamily development may be permitted in the R-2, R-3, B-1, CBD and GC districts only if the
criteria of subsection (13)(1) of this section are met.
4. Zero lot line, common wall, duplex or multifamily development is not allowed on such lots in the SR and
R-1 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing
use, as defined in YMC Chapter 15.19.
5. Any permitted use or structure may be placed on a lot that is nonconforming as to width and/or lot area in
the industrial and commercial districts, but only if the criteria of subsection (13)(1) of this section are met.
C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that can be
covered with structures and other impervious surfaces. The maximum lot coverage in each district is shown in Table
5-1. In the SR and R -I districts, this standard is intended to protect the open character of each district, and ensure
that land is available to accommodate septic tanks and drainfields. The intent in the R-2 and R-3 districts is to
provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are
DCC.
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Yakima Municipal Code
Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
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intended to promote development consistent with the character of the district, protect setbacks, and provide the
opportunity to integrate open space and landscaping plans into the design and placement of the structure and off-
street parking.
D. Structure Setbacks. Are the minimum structure setbacks permitted in a particular zoning district with Type (1)
review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency
access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining
property owners. In the commercial districts, building setbacks provide visual clearance along streets and areas for
sitescreening and landscaping. Structure setbacks are required in the industrial districts to provide fire protection,
emergency access, and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or
located on or in an easement. The use of an access easement by a structure shall only be allowed upon
vacation/alteration of the easement in accordance with provisions established in the city/coiaaity subdivision
ordinance. The standard structure setback in each district is shown in Table 5-1.
E. Setbacks for Residential Accessory Structures.
1. Residential Accessory Structures Requiring a Building Permit. The minimum setback for residential
accessory structures in the residential districts shall be at least five feet from the side property line, five feet
from the rear property line, and up to, but not within, the required front yard setback; provided, that the
accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed.
2. Residential Accessory Structures Not Requiring a Building Permit. The minimum setback for a
residential accessory structure in a residential district shall be at least five feet from all side and rear property
lines, existing structures, and up to, but not within, the required front yard setback; provided, that the accessory
structure shall not encroach on an easement.
F. Maximum Building Height. Maximum building height is intended to maintain building heights compatible
with the character and intent of the district. The maximum building height in each district is shown in Table 5-1.
G. Fences and Walls—Standard Height. The following provisions shall govern the location and height of fences
and walls:
1. In the front yard: fences and walls may be placed on or behind the property line. However, no fence or
wall shall exceed four feet in height within the required front yard setback area. In residential districts, six feet
shall be the maximum height in the front yard behind the required setback. See Figure 5-1, Typical Residential
Fence Location. In commercial and industrial districts, eight feet shall be the maximum height in the front yard
behind the required setback.
2. In the side yard and street side yard: fences and walls may be placed on or behind the property line. In
residential districts, six feet shall be the maximum height; provided, that no six-foot street side yard fence shall
extend past the front corner of the dwelling into the front yard or be located within the clear view triangle. See
Figure 5-1, Typical Residential Fence Location. In the commercial and industrial districts, eight feet shall be
the maximum height.
3. In the rear yard: fences and walls may be placed on or behind the property line. In the residential districts
six feet is the maximum fence or wall height in the rear yard; provided, that when the rear yard abuts a
designated arterial, the maximum height shall be eight feet. Eight feet is the maximum rear yard fence height in
the commercial and industrial districts.
4. Within the clear view triangle: no fence, hedge or wall, exceeding two and one-half feet in height, shall
be placed in the clear view triangles established in YMC 15.05.040.
5. Fences over six feet in height: all fences over six feet in height shall meet the provisions of the
International Building Code.
DOC.
INDEX
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
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6. Fence height in combination with a retaining wall: no combination of a fence and retaining wall shall
exceed a height of ten feet, measured from the lower elevation, except existing retaining walls at the time of the
passage of this title will be allowed a three -and -one -half -foot fence above the retaining wall.
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H. Access Required. All new development shall have a minimum of twenty feet of lot frontage upon a public
road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for
vehicular access to all new development; provided, the construction of single-family and two-family dwellings on
existing legally established lots is exempt from the requirements of this section.
1. Recreational Screen. A recreational screen is a protective device for recreational purposes designed to keep
recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks,
golf courses, swimming pools, ballfields, and playgrounds. The specific standard for screen height in Table 5-1 does
not apply to recreational screening as established by this title. The height and materials for screens will be evaluated
by the administrative official based on the need, safety requirements, and relationship to residential and commercial
properties and streets.
J. Sidewalk Requirement. Sidewalks on one side of the street are required with new construction (except single-
family structures). A sidewalk is required if one exists within two hundred feet of the development on the same side
of the street. Replacement of existing sidewalk is required only if existing sidewalk presents a safety hazard, except
that for applications under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal
Code shall prevail over the provisions of this section to the extent of any conflict between such provisions.
K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings, hotels/motels,
boardinghouses, retirement homes, other residential uses, schools, and recreational facilities when all of the
following provisions are met:
Setbacks.
a. Front yard: The swimming pool, apron, and pump house meet the required front yard setback in
Table 5-1.
b. Side and rear yard: The swimming pool and pump house are set back at least three feet from the
property line. The swimming pool apron may extend up to the property line.
C. From an easement: The swimming pool, apron, and pump house may extend up to, but shall not
encroach upon, an easement.
®OC.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height.
L. Development within the State Fair Park. The following structures may be developed, maintained, altered,
expanded, or erected within the State Fair Park without further zoning review provided such development is
consistent with YMC 15.04.200(C), Allowable Uses, SEPA mitigation where required, the development standards
of this code and other construction permit requirements:
1. Administrative and operational offices.
2. Auditoriums, meeting and exhibit halls.
3. Bars and drinking facilities.
4. Campgrounds.
5. Caretaker and/or employee residential quarters.
6. Equestrian facilities.
7. Exposition structures.
8. Grandstand facilities.
9. Libraries and museums.
10. Livestock barns.
11. Motorized sports facilities.
12. Parking facilities. (Ord. 2011-52 § 5, 2011: Ord. 2010-16 § 6, 2010: Ord. 2008-46 § 1 (part), 2008: Ord.
2005-81 § 4, 2005; Ord. 2001-13 § 48, 2001; Ord. 95-36 § 3, 1995; Ord. 93-81 §§ 23-25, 1993: Ord. 3106 §§
11, 12, 1988; Ord. 3019 §§ 21-23, 1987; Ord. 2947 § 1 (part), 1986).
15.05.030 Creation of new lots—Subdivision requirements.
A. Table of Subdivision Requirements. The provisions of this section and the requirements set forth in Table 5-2
are hereby established for all subdivisions in the zoning districts indicated. In the case of conflict between the text
and tables, the text shall govern. Additional subdivision requirements are established in YMC Title 14.
B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of dwelling
units permitted per net residential acre is used to determine the maximum number of dwelling units permitted within
a single subdivision, short subdivision, mobile home park, multifamily development, or planned residential
development. This standard is intended to:
1. Assure that residential densities in new subdivisions, multifamily developments, or planned residential
developments are compatible with the existing or planned level of public services and the density of the zoning
district;
2. Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in accordance
with YMC 15.09.030); and
3. Permit a variety of residential dwelling types within a development.
The following formula shall be used to determine the maximum number of dwelling units permitted for any
particular subdivision, short subdivision, mobile home park, multifamily development or planned residential
development:
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in
acres) — (the area of streets, rights-of-way, and access easements, in acres) X (the maximum
number of dwelling units permitted per net residential acre).
Any fraction of a dwelling unit shall be rounded up to the next whole number if one-half or over or down to the
next whole number if less than one-half. Once approved under the provisions of this title, no subdivision,
resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of
the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5-2;
provided, that development exceeding the maximum number of dwelling units per net residential acre may be
allowed in the R-1 and R-2 districts as a Class (3) use in accordance with Table 4-1. This higher -density
development shall be allowed only on those limited occasions when, after Class (3) review, the hearing
examiner finds that the location and site plan of the project is such that the higher density would be compatible
with neighboring land uses and the level of public services, and is consistent with the goals and objectives in
the Yakima urban area comprehensive plan.
The application of this provision shall not prohibit the subdivision of land already developed with more
dwelling units than would be permitted by this section when:
The lots created meet the lot size and lot width requirements established in Table 5-2;
The existing structures meet the building area and setback requirements in Table 5-1; and
No new dwelling units are built.
C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when
land is subdivided, short platted, resubdivided, or when lot lines are adjusted. No lot shall be created that is smaller
than the applicable minimum lot size standard established in Table 5-2.
1. In residential districts, this standard is intended to maintain the residential character of the area and will
vary by dwelling type, the suitability of the land for development, and the type of water and sewer system. The
following are the minimum lot size requirements in the residential districts, except when the Yakima health
district determines that a larger area is necessary for the safe installation of approved water supply and sewage
disposal systems:
Situation
Required Minimum Lot Size
In the floodplain, airport, and
One acre (provided the minimum lot
greenway overlay districts:
size of the underlying zoning district
shall apply, when, in the opinion of
the reviewing official, the lot has a
buildable area outside the overlay
district and a plat restriction prohibits
development on that portion of the lot
within the overlay district).
Individual water system and
One-half acre.
individual sewer system:
Public or community water
14,500 square feet.
system and an individual
sewer system:
Individual water system and
9,600 square feet,
the regional or an approved
community sewer system:
Public or community water
See Table 5-2
system and the regional or an
approved community sewer
system:
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015,
DOC.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
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2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an increase in
the maximum number of dwelling units per net residential acre established in subsection B of this section. Any
lots created for zero lot line, attached, and multifamily dwellings shall be so designated on the face of the plat
or short plat.
3. In the local business district, the minimum lot size is intended to maintain the character of the district and
provide adequate space for off-street parking and landscaping.
4. The minimum lot sizes in the small and large convenience center districts and industrial districts are
intended to accommodate the large uses permitted in these districts and maintain vacant land in relatively large
parcels that can be easily assembled when development is proposed.
D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a particular zoning
district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights-of-way.
E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision which proposes
a use or configuration of land or improvements requiring Class (2) or (3) review under this title shall, at or prior to
the filing of such application, also file an application for such review under this title. Such application shall be heard
by the hearing examiner concurrently with the subdivision application using the procedures for Class (3) review.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
IN
Yakima Municipal Code
Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
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Table 5-1. Design Requirements and Standards
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
ZONING DISTRICTS
SITE DESIGN REQUIREMENTS AND STANDARDS
SR R -I
I R-2
R-
B-2
I SCC I LCC
I CBD
Gc—
AS I RD
M-1
M-2 —
DEVELOPMENT ON EXISTING LOTS OR PARCELS
See YMC 1505 020 and 15-19,040
LOT COVERAGE'60%
80%
!% 100%
STANDARD FRONT Arterials 2
60 40
STRUCTURE
50
SETBACKS' Collector Arterial S2
(in feet)
Local Access 2
45 30
Private Road 2
37.50
Private Access
Easement
10
SIDE Arterials'
50
40
Collector Arterials
40
Local Access 2
30
Private Road'
32,50
Private Access
Easement', Alley, or
5
0
Property Line'
10
Residential District'
20 30
5
or 1/2 building height, whichever is greatest
REAR Al ley or Property Lina
0
15
20
30
Residential District
15 15
or 1/2 building height, whichever is greatest
MAXIMUM BUILDING HEIGHT (in feet)
35
50
35 50 —N/A
�4
50 N/A
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
NOTES:
Page 71/294
STANDARD FENCE HEIGHT' See YMC 15,05,020(G)
STANDARD SCREEN In Required Front Setbacks Not Permitted
HEIGHT
EndRequired Front Setbacks 15
L Landscaping may be required pursuant to YMC Ch, 15.06.
2- The setback is measured from the centerline of rights-of-way (or access easement, in the case of private roads). In the residential districts, the minimum front yard setback shall be twenty feet from the front
property line and the minimum side yard setbacks shall be ten feet from the side property line abutting the right -of -way -
3, The setback is measured from the edge of the access easement.
4, Measured from abutting residential district.
5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch, 15.07.
6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback requirements from arterials, collectors, and local access streets, provided the required rear setbacks
shall not be less than the required setbacks from the property line (See also Note 3)
7, Zero lot line dwelling units are allowed a zero -foot setback from one side property line not abutting a right-of-way. (See YMC Ch 15.09)
Table 5-2. Subdivision Requirements
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Zoning Districts
Subdivision Requirements
SR
R-1
R-2
R-3
HB B-1
B-2
SCC
LCC
CBD I GC AS
RD
Maximum Number of Dwelling Units Permitted per Net Residential
See YMC Ch, 15 04, Table 4-1
Acre
Detached S.F,
6,000
Dwelling
Not
Minimum Lot Size Residential Uses
Permitted
S,F. Dwelling, Zero
(in square feet)') See Definitions in
Lot Line (4)
6,000 Where Permitted
YMC Ch, 15A2
4,000
3,500
SF_ Dwelling,
Common Wall
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Yakima Municipal Code
Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
Page 72/294
NOTES:
L In the residential districts, these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system_
2. The lot width at the rear line of the required front yard shall not be less than fifty feet. (Note: this provision only applies to those districts with a minimum lot width of fifty feet or larger.)
3, One acre shall be the minimum lot size in residential districts within the floodplain and greenway overlays -
4. See special development standards for zero lot line development, YMC 15.09 040,
5, Lots created for utility purposes may be created below the minimum lot size listed in YMC Ch. 15,05, —able 5-2, as long as the lot is designated as "nonbuildable lot for utility purposes" on the face ofthe plat
and the proposed lot is reviewed for compatibility. The lot must still meet the minimum lot width esta�:)lished in YMC Ch 15.05, Table 5-2, and structures built on the lot must still meet the setback requirements in
YMC Ch. 15 05, Table 5 -1 -
(Ord, 2012-34 §§ 3, 4, 2012; Ord. 2011-52 § 6, 2011: Ord. 2010-16 § 7, 2010: Ord 200846 § 1 (part;, 2008: Ord, 2001-04 § 5 (Art. A), 2001; Ord. 95-13 § 6,1995; Ord 3106 § 13, 1988; Ord. 3019 §§ 24, 25, 1987;
Ord- 2947 § 1 (part), 1986)_
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Zoning Districts
utnlivWon Requirements
SR
_
R-1
R-2
R-3 HB
B-1
B-2
SCC
LCC CBD GC
AS
RD
M-1 M-2
Two -Family
Dwelling
8,000
7,000
Multifamily
Dwellings and PD—
Density May Not Exceed Maximum Number of Dwelling Units Permitted per Net Residential Acre
Residential
Permitted Nonresidential Uses(')
10,000 5,000 10,000 None
1/2 Acre
ALL Except
Common Wall
'0
None
6
Standard Lot Width('j (in feet) Dwelling (Per Unit)
60
50 35 35 Where Permitted
Common Wall
Dwelling (Per Unit)
NOTES:
L In the residential districts, these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system_
2. The lot width at the rear line of the required front yard shall not be less than fifty feet. (Note: this provision only applies to those districts with a minimum lot width of fifty feet or larger.)
3, One acre shall be the minimum lot size in residential districts within the floodplain and greenway overlays -
4. See special development standards for zero lot line development, YMC 15.09 040,
5, Lots created for utility purposes may be created below the minimum lot size listed in YMC Ch. 15,05, —able 5-2, as long as the lot is designated as "nonbuildable lot for utility purposes" on the face ofthe plat
and the proposed lot is reviewed for compatibility. The lot must still meet the minimum lot width esta�:)lished in YMC Ch 15.05, Table 5-2, and structures built on the lot must still meet the setback requirements in
YMC Ch. 15 05, Table 5 -1 -
(Ord, 2012-34 §§ 3, 4, 2012; Ord. 2011-52 § 6, 2011: Ord. 2010-16 § 7, 2010: Ord 200846 § 1 (part;, 2008: Ord, 2001-04 § 5 (Art. A), 2001; Ord. 95-13 § 6,1995; Ord 3106 § 13, 1988; Ord. 3019 §§ 24, 25, 1987;
Ord- 2947 § 1 (part), 1986)_
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Yakima Municipal Code Page 73/294
Chapter 15.05 SITE DESIGN AND IMPROVEMENT
STANDARDS
15.05.040 Vision clearance.
A. Intersections. All corner lots at unsignalized street intersections or railroads shall maintain, for safety vision
purposes, a vision clearance triangle. The vision clearance triangle shall measure fifteen feet by one hundred twenty
feet along the perpendicular lengths formed by three points including:
A point at the intersection of the extended curb lines or pavement edge/travel lanes;
2. A point measured one hundred twenty feet from the first point, forming a line along the adjacent
perpendicular street curb line or pavement edge/travel lane; and
3. A point measured fifteen feet from the first point, forming a line.
Nothing within the vision clearance triangle shall be erected, placed, planted, or allowed to grow in such a manner
as to materially impede vision between the heights of two and one-half and ten feet above the centerline of grades of
intersecting streets (and/or railroads) or the future intersection centerline where improvements are planned with the
six-year road improvement program, on file in the city engineering division. (See Figure 5-2.)
B. Driveway Curb Cuts or Alleys. This applies only to uses established under the terms of this title. A vision
clearance triangle shall be maintained at all driveways, curbcuts, and intersections of an alley with a public street,
for vision safety purposes. The vision clearance triangle shall measure fifteen feet along the perpendicular street
curb lines, pavement edge, or travel lane of the public street and fifteen feet along the driveway or alley. The third
side of the triangle shall be a straight line connecting the fifteen -foot sides described above. No sign or associated
landscaping shall be placed within this triangle so as to materially impede vision between the heights of two and
one-half and ten feet above the centerline grade of the streets.
r�
H -i wS�mw
r
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Fagues 5 • 2
Won Cf ranc
Tran le
(Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 26, 1993; Ord. 3106 § 14, 1988: Ord. 2947 § 1 (part), 1986).
15.05.050 Street right-of-way dedication.
All new development shall dedicate, where necessary, street right-of-way in conformance with the standards in the
county/city subdivision ordinance and the arterial street plan adopted in the Yakima urban area comprehensive plan,
except that for application under the jurisdiction of the city of Yakima, YMC Title 12 shall prevail over the
provisions of this section to the extent of any conflict between such provisions. (Ord. 2008-46 § 1 (part), 2008: Ord.
2001-13 § 49, 2001: Ord. 2947 § 1 (part), 1986).
15.05.055 New development improvement standards.
All development within the Yakima urban growth area (UGA) must meet the urban standards of the city of
Yakima including the following.
1. Fire apparatus access roads for multiple -family residential developments and one- or two-family
residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of
Appendix D of the International Fire Code (2009 201 r Edition). Additionally, such residential developments
shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2-009 015_
DOC.
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Chapter 15.05 Sl`l"l. DESIGN AND IMPROVEMENT
STANDARDS
Page 74/294
Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code
referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter
amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least
twenty feet wide, unobstructed, paved lanes.
2. In order to promote safety for emergency access and circulation within and between new developments,
cul-de-sac streets (public or private) shall not exceed 600 feet. (Ord. 2012-34 § 5, 2012: Ord. 2008-46 § 1
(part), 2008).
15.05.060 Administrative adjustment of certain basic development standards allowed.
Administrative adjustment of some of the basic development standards in this chapter are authorized under the zero
lot line provisions of YMC Chapter 15.09 and 15.10. Except as allowed by those provisions, no reduction of these
standards is permitted except pursuant to YMC Chapter 15.21. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.06 OFF-STREET PARKING AND LOADING
Chapter 15.06
OFF-STREET PARKING AND LOADING
Sections:
15.06.010
Purpose.
15.06.020
Off-street parking and loading spaces required.
15.06.030
General provisions.
15.06.040
Off-street parking standards.
15.06.050
Computation of required spaces.
15.06.060
Location of required spaces.
15.06.065
Driveway locations.
15.06.070
Schedule of minimum parking dimensions.
15.06.080
Site plan required.
15.06.090
Required landscaping of parking areas.
15.06.100
Lighting of parking lots.
15.06.110
Construction and maintenance.
15.06.120
Time of completion.
15.06.130
Off-street loading space required.
15.06.140
Nonconforming parking.
Page 75/294
15.06.010 Purpose.
The following parking standards are intended to establish adequate off-street parking, reduce on -street parking,
increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.020 Off-street parking and loading spaces required.
No off-street parking or loading spaces shall be placed, constructed, located, relocated or modified after adoption of
this title without first receiving a development permit from the administrative official. All vehicle storage, off-street
parking and loading spaces that are not a principal use are accessory uses and shall be subject to the same
procedures and review requirements as the principal use. All off-street parking and vehicle storage spaces shall be
provided in conformance with the provisions of this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 27, 1993:
Ord. 2947 § 1 (part), 1986).
15.06.030 General provisions.
A. The off-street parking and loading facilities required by this chapter shall be established prior to any change in
the use of land or structures and/or prior to the occupancy of any new or enlarged structure.
B. Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons, and
employees. Required parking shall not be used for the storage of vehicles or materials; the parking of company or
business vehicles used in conducting the business; or for the sale, repair or servicing of any vehicle.
C. Any area once designated for required off-street parking shall not be used for any other purpose unless and
until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary
use of the property is changed to a use requiring less off-street parking.
D. The required front yard in the R-3 district shall not be used for off-street parking for four or more cars unless
the three-foot strip nearest the front property line is landscaped and a two -foot -high concrete, masonry, or decorative
block wall, wood fence, or solid landscaping screen is provided. (For corner lots see YMC 15.05.040.)
E. A parking circulation plan is required for parking lots and the associated vehicular travel ways for multifamily
and nonresidential uses that have five or more required off-street parking spaces. The required off-street parking
shall be designed in a manner that eliminates a need for backing and maneuvering from or onto streets, sidewalks,
pedestrian ways, or bikeways in order to exit a property or maneuver out of parking spaces. Furthermore, the
parking lot and associated travel ways shall be designed in a manner that provides for safe and adequate traffic flow.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. U
11 1.1
W
Yakima Municipal Code Page 76/294
Chapter 15.06 OFF-STREET PARKING AND LOADING
Loading spaces and truck maneuvering areas shall be included in the parking circulation plan.
2. Drive-through lanes and related facilities shall be clearly shown on the parking circulation plan.
3. Driveway locations and specifications shall be shown on the parking circulation plan and are subject to
review for safety and traffic flow. The location of the driveways shall conform to YMC 15.06.065.
4. The parking circulation plan is a site plan requirement. Recommendations regarding adequate circulation
may be received from the traffic engineering staff, city engineering staff, fire department, and other reviewing
agencies. Additional mitigation or redesign may be required if the proposed circulation pattern creates safety
conflicts. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.040 Off-street parking standards.
A. Table of Required Off -Street Parking. The parking standards in Table 6-1, Table of Off -Street Parking
Standards, are established as the parking standards for the uses indicated. These parking requirements are based on
gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the
interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully
enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms,
restrooms, uncovered steps and fire escapes, private garages, carports and off-street parking and loading spaces.
Storage areas are included in gross floor area. However, the required off-street parking for storage areas shall be
calculated at the rate of one space per five hundred square feet rather than the specific parking standard established
in Table 6-1; except, when the parking standard for the principal use would require fewer parking spaces (i,e., one
space per six hundred square feet.) All required off-street parking shall be subject to the procedures of this title and
the standards of this section.
B. Uses Not Specified. Off-street parking requirements for uses not specifically listed in Table 6-1 shall be
determined by the reviewing official based upon the requirement for similar uses.
C. Downtown Business District Exempt. The downtown business district of Yakima, as shown in Figure 6-1 and
hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the
number of parking spaces required, except that this exemption shall not apply to property that is used for residential
purposes; and further provided, that all the other requirements of this chapter shall apply to any parking provided by
the applicant.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.06 OFF-STREET PARKING AND LOADING
Figure 6-1
Page 77/294
11 �r,,, - „nom • -
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Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
AGRICULTURE (COMMERCIAL)
Agriculturally related industries
l space for each employee based on the maximum working at any given
shift;
1 space for each 300 square feet of gross floor area for packing and
processing areas; or
2 spaces for the first 1,000 sq. ft. of gross floor area, plus I space for each
additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas,
whichever is deemed more appropriate by the reviewing official
AMUSEMENT AND RECREATION
Game rooms, card rooms, electronic game rooms
I space for each playing table, for every 3 seats or every 3 machines,
whichever is greater
111 0C.
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LAND USE
PARKING STANDARDS
Horse racing tracks, speedways, grandstands
1 space for each 3 fixed seats or 54" of bench seating
Bowling alleys
5 spaces for each lane
Gymnasiums, exercise facilities
1 space for each 200 sq. ft. of gross floor area
Parks (public or private)
10 spaces per acre for passive recreation;
20 spaces per field for active recreation
Roller and/or ice skating rink
1 space for each 150 sq, ft. of skating surface area
Swimming pools
1 space for each 50 sq, ft. of water surface area
Movie theatres
1 space for each 4 seats
Golf courses
5 spaces per green and 1 space per 300 sq. ft. of gross floor area
Golf driving ranges
1 space per tee or 1 space per 15 feet of driving line, whichever is greatest
Auditoriums, exhibition halls, community centers, fraternal 1 space for each 100 sq. ft. of gross floor area
organization
COMMUNITY SERVICES
Churches, synagogues, temples, and funeral homes
i space for each 3 fixed seats (or 54" of bench -type seating)
1 space for each 40 sq. ft. of general reception/gathering area
Community gardens* (accessory to an approved principal use) (See
None
YMC 15.04.060(G))
Community gardens* (with planting area of 0.25 acres or less)
None
Community gardens* (with planting area of more than 0.25 acres
2 spaces
and up to 0.5 acres)
Community gardens* (with planting area of more than 0.5 acres up
4 spaces
to 1 acre)
Convalescent, nursing and group homes
1 space for each 2 beds
Fire and police stations
1 space for each 200 sq. ft. of gross floor area
Halfway houses (detention centers)
I space for each 2 beds
Hospitals
j 1.5 spaces for each bed
Schools:
Primary, Elementary
3 spaces for each classroom, or 1 space for each 3 seats (54" bench -type
seating) in the assembly area, whichever is greater
Junior, Senior
Same as Primary/Elementary and 1 space for each 4 students over 16 years
old
Junior or community colleges
1 space for each 400 sq. ft. of gross floor area
Juvenile detention centers
1.5 spaces for each bed
Libraries
1 space for each 100 sq. ft. of gross floor area
Museums, art galleries
1 space for each 100 sq. ft. of gross floor area
Preschools, daycare centers
l space for each employee plus 1 space for each 6 children
Vocational and business schools 1 space for each 400 sq.. ft. of gross floor area
MANUFACTURING (MASS PRODUCTION)
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LAND USE
PARKING STANDARDS
All uses listed under manufacturing in Table 4-1
1 space for each employee per maximum shift
RESIDENTIAL
Accessory dwelling units
1 space
Single-family dwelling
2 spaces
Two-family dwellings
4 spaces
Multifamily dwellings
10 units or less
2 spaces per dwelling
More than 10 units
1.5 spaces per dwelling
Retirement homes
1 space for each dwelling unit
RETAIL TRADE AND SERVICES
Addressing, mailing, and stenographic services
1 space for each 300 sq„ ft. of gross floor area
Advertising agencies
1 space for each 300 sqft. of gross floor area
Automobile and truck, manufactured homes, travel trailer sales
1 space for each 500 sq, ft. of showroom and 1 space for each 1,000 sq. ft,
of retail sales floor area
Automotive:
Automobile maintenance and service shops
2 spaces per service area including work bays
Car wash
6 spaces per wash bay
Car wash, self-service
1 space for each 1,000 sq, ft. of gross floor area
Paint and body repair
2 spaces per service area including work bays
Specialized repair shops (battery, radiator, etc.)
2 spaces per service area including work bays
Wrecking and dismantling yards
1 space for each 500 sq, ft, of gross floor area
Beauty and barber shops
1 space for each 75 sq. ft. of gross floor area
Bed and breakfast inns
1.1 spaces for each guest room
Building and contractors
1 space for each 800 sq, ft. of gross floor area
Coffee restaurant/stand with or without drive-through
1 space for each 50 sq. ft. of public seating area, including outside seating
and 1 space for each employee
Drug stores
1 space for each 200 sq. ft. of gross floor area
Employment agencies (private)
1 space for each 200 sq. ft, of gross floor area
Espresso/coffee stand with or without drive-through
1 space for each 50 sq, ft, of gross floor area, including outside seating,
and one space for each employee
Farm supplies
1 space for each 800 sq. ft, of gross floor area
Florists
1 space for each 500 sq. ft. of gross floor area
Financial institutions
1 space for each 200 sq. ft. of gross floor area
Furniture, home furnishings, appliances
1 space for each 800 sq. ft.. of gross floor area
Gas stations
1 space for each 300 sq. ft. of gross floor area
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LAND USE
PARKING STANDARDS
Hardware stores
1 space for each 300 sq. ft. of G.F.A. of structure and permanent outside
display sales area
Heating and plumbing equipment stores
1 space for each 400 sq ft of gross floor area
Heavy equipment, tractor, and farm equipment repair
1 space for each 300 sq. ft. of gross floor area
Home occupations
See YMC 15.04 120(I1)q l 1)
Household appliance, small engine, TV and furniture repair
1 space for each 300 sq. ft. of gross floor area
Insurance agents, brokers and service agencies
1 space for each 200 sq. ft. of gross floor area
Liquor stores
1 space for each 300 sq. ft. of gross floor area
Lumber yards
1 space for each 800 sq. ft. of gross floor area of structure and covered
storage area
Nurseries
1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside
display and sales area
Medical and dental laboratories, offices, and clinics
1 space for each 200 sq, ft, of gross floor area
Motels and hotels
1.2 spaces for each guest room
i
Multiple use centers (3 or more uses with shared parking)
—having less than 25,000 sq. ft. of gross floor area
1 space for each 300 sq. ft. of gross floor area
—having 25,001-400,000 sq. ft. of gross floor area
4 spaces for each 1,500 sq. ft. of gross floor area
—having 400,001-600,000 sq. ft. of gross floor area
5 spaces for each 2,250 sq. ft. of gross floor area
—having 600,001+ sq. ft. of gross floor area
6 spaces for each 2,750 sq. ft. of gross floor area
Paint, glass, and wallpaper stores
1 space for each 400 s ft. of ....... sq g..
ross floor area
Professional office building for use by accountants, attorneys, etc.
1 space for each 200 sq. ft. of gross floor area
Radio and TV studios, offices
1 space for each 300 sq. ft. of gross floor area
Real estate offices
1 space for each 200 sq. ft. of gross floor area
Residential mini -storage
1 space for each 300 sq. ft. of gross floor area of office space
Restaurant, cafe, and drive-in eating facilities
1 space for each 50 sq. ft. of indoor public floor area, and 1 space for each
200 sq. ft. of outdoor public eating area
Retail service establishments in Table 4-1 but not listed in this
1 space for each 300 sq. ft, of gross floor area
table
Retail trade establishments in Table 4-1 but not listed in this table
—less than 25,000 sq. ft. of gross floor area
1 space for each 300 sq. ft. of gross floor area
—25,001-400,000 sq, ft, of gross floor area
4 spaces for each 1,500 sq. ft, of gross floor area
X00,001-600,000 sq. ft, of gross floor area
15 spaces for each 2,250 sq, ft, of gross floor area
—600,001+ sq. ft. of gross floor area
6 spaces for each 2,750 sq. ft. of gross floor area
Service stations
2 spaces for working/service area, including bays
Shoe repair and shoe shops
1 space for each 300 sq. ft. of gross floor area
Taverns and bars, dine, drink, and dance establishments
1 space for each 75 sq. ft. of gross floor area
Waste material processing and junk handling
1 space for each 500 sq. ft. of gross floor area
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LAND USE
. . . . . ................................................
PARKING STANDARDS
TRANSPORTATION
Bus terminals, storage and maintenance facilities
1 space for each 300 sq. ft. of gross floor area
Air, rail and truck terminals i space for each 300 sq. ft. of gross floor area
Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area
UTILITIES
Utility services
i space for each 800 sq., ft, of gross floor area
WHOLESALE TRADE
Wholesale trade warehouses
i space for each employee based on the maximum working at any given
shift; or
I space for each 300 square feet of gross floor area for packing and
processing areas;
2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each
additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas;
whichever is deemed more appropriate by the reviewing official
Residential mini -storage
See residential mini -storage under retail and service category
How to Use Table 6-1:
L Calculate the gross floor area for the structure. (See YMC 15.06.040 to determine gross floor area.)
2. Determine the amount of gross floor area used for storage rooms.
3. Required oft -street parking for storage is one space per 500 square feet.
4. Find the proposed use in Table 6-1.
Example:
— The gross floor area of the structure is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for storage. The parking standard for storage
rooms is one space per 500 sq. ft. (YMC 15.06.040). 1,000 - 500 = 2 off-street parking spaces for the storage area.
— The proposed use is a shoe shop. According to Table 6-1, shoe shops require one off-street parking space for each 300 sq. ft. of gross
floor area. 2,000 - 300 = 6.6 or seven spaces, since fractions of parking spaces are rounded up (YMC 15.06.050(A)).
— The total required off-street parking of this use is: 2 spaces (for storage area) + 7 spaces (for the rest of the gross area) = 9 spaces.
(Ord. 2014-030 § 5, 2014; Ord.. 2011-52 § 7, 2011; Ord. 2010-16 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-22 §§ 1-3, 2001; Ord.
2001-14 §§ 1-3, 2001; Ord. 95-36 § 4, 1995; Ord. 93-81 § 28, 1993; Ord. 3106 § 15, 1988; Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986),
15.06.050 Computation of required spaces.
The following rules shall apply in the determination of the number of required off-street parking spaces:
A. Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such
number shall be changed to the next higher whole number.
B. Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall
be the sum of the requirements of the individual uses.
C. Shared Uses„
1. Owners of two or more uses, structures, or parcels of land within three hundred feet of each other may
share the same parking or loading areas when the hours of operation do not overlap.
® %C.
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2. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also
share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for
each individual use.
3. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably
notify the public of the availability of use, and spaces shall not be assigned, allocated, or reserved between
uses. (Also see YMC 15.06.060.)
4. A parking easement approved by the administrative official shall be filed with the county auditor
whenever two or more uses propose to share off-street parking facilities.
D. Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress, shall not be
counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except
that each tandem space for single-family dwellings and duplexes shall be counted as a required parking space.
E. Compact Car Parking. For parking areas with twenty or more required parking spaces, up to fifteen
percent of the required number of off-street parking spaces may be designed for compact car parking. Compact
spaces shall be no less than eight feet by seventeen feet and each space must be labeled individually with a
durable pavement marking "Compact." (Ord. 2012-34 § 2, 2012; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 §
29, 1993; Ord. 3019 § 28, 1987; Ord. 2947 § 1 (part), 1986).
15.06.060 Location of required spaces.
Off-street parking facilities shall be located according to the following:
A. For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site
as the buildings they are required to serve.
B. For hospitals and convalescent, nursing or rest homes, parking facilities shall be located not more than one
hundred fifty feet from the buildings they are required to serve unless they are part of an approved master plan or
campus plan.
C. For uses other than those specified above, parking facilities shall not be located over three hundred feet from
the buildings they are required to serve unless they are part of an approved master plan or campus plan.
D. Groups of three or more parking spaces shall be served by a driveway so that no vehicular
backing/maneuvering movement will occur within a public right-of-way other than an alley.
E. No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located
in a residential zoning district. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.065 Driveway locations.
All proposed or modified driveway approaches shall be shown on a general or detailed site plan. The driveway
locations shall conform to the following standards:
A. No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel
illegal or unsafe traffic movements;
B. No driveway approach on a local access street may be located closer to the street intersection corner than
thirty feet as measured from the property line at the corner;
C. No driveway access to an arterial street shall be located within seventy-five feet (measured along the arterial)
of any other such arterial street access on the same side of the street;
D. No driveway access shall be allowed to an arterial street within seventy-five feet of the nearest right-of-way
line of an unsignalized street intersection;
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E. Internal driveways shall be paved and be a minimum of twelve feet wide for one-way travel and twenty feet
wide for two-way travel, or wider if required by the International Fire Code;
F. Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be
permitted within one hundred feet of a signalized intersection, as measured from the right-of-way line. Any
driveway within two hundred feet of the right-of-way line of the intersection shall be restricted to right turns only;
G. The construction of new driveway approaches from a public street or a modification of an existing driveway
approach requires a construction permit pursuant to YMC Chapter 8.64 for the specifications of the driveway
approach;
H. Adjustments from this section may be approved if the modification is reasonable and necessary, and does not
create an unsafe condition for motorists or pedestrians; and
I. Existing driveways in violation of these standards at the time of adoption will not be deemed nonconforming,
but redevelopment of the property requires any new or modified driveway to be consistent with these standards.
(Ord. 2010-16 § 8, 2010: Ord. 2008-46 § 1 (part), 2008).
15.06.070 Schedule of minimum parking dimensions.
Driveways and parking stalls shall conform to Table 6-2, which is hereby adopted as the schedule of minimum
parking dimensions. (Refer to diagram below. All dimensions are based on a basic nine -foot -by -nineteen -foot stall.)
Table 6-2. Standard Parking Lot Dimensions
1. Ninety -degree parking permits two-way driveway travel. If the angle is less than ninety degrees driveway travel shall be one-way.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
"` "
STALL
CURB
STALL
MINIMUM
LOT
SQ
LOT
SQ
LOT
SQ
LOT
SQ
PARKIN
WIDT
LENGT
DEPT
DRIVEWA
WIDTH:I
WIDTH:2
WIDTH:3
WIDTH:4
G ANGLE
H
H PER
H
Y
ROW + 1
FT..
ROWS + 1
FT.
ROWS + 2
FT.
ROWS + 2
FT.
ALONG
CAR
WIDTHI
DRIVEWA
DRIVEWA
DRIVEWAY
DRIVEWAY
CURB
Y PER CAR
Y PER CAR
S PER CAR
S PER CAR
0°
8'
23'
8'
12'
20'
460
28'
322
48'
368
56'
322
30°
9'
18'
1 TY
1 P
28'4"
510
45'6"'
411
66'2"
397
83'6"
376
45°
9'
127"
19'8"
13'
32'10"
420
52'5"
336
79'0"
376
98'10"
315
60°
9"
10'4"
21'0"
18'
39'0"
407
60'
313
95'0"
330
116'0"
305
90°
9''
9'
19'
24'
43'
387
62'
279
105'
315
124'
279
1. Ninety -degree parking permits two-way driveway travel. If the angle is less than ninety degrees driveway travel shall be one-way.
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Figure 6-2
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(Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 29, 1987; Ord. 2947 § 1 (part), 1986).
15.06.080 Site plan required.
A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the
administrative official prior to construction. The site plan shall comply with the provisions for general or detailed
site plans in YMC 15.1 l,tl.l.11 (P,i0._Kand 15.11,0501Q,J1 and shall also show the proposed development, locations, size,
shape and design of the parking spaces, parking circulation plan, curb cuts, lighting, landscaping, irrigation and
other features of the proposed parking lot. s1t,dl lea: Wed 1 5. .t130, (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.090 Required landscaping of parking areas.
A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent
of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface)
requirements of Table 5-1.
B. The planting area standard, where required, shall be a minimum of twenty-four square feet with the exception
of raised planter boxes around buildings.
C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or
every thirty double -row parking stalls within the parking lot.
D. Landscaping may consist of a combination of trees, shrubs, and groundcover with careful consideration to
eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic
conditions.
E. Landscaping shall be located within the parking area, such as in-between parking spaces or in parking
"islands," or around the perimeter of the parking lot.
DOC.
o-°
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Chapter 15.06 OFF-STREET PARKING AND LOADING
F. Every parking area that abuts property in any residential district shall be separated from such property by a
solid wall, view -obscuring fence, landscaped berm, or compact evergreen hedge at least six feet in height. The
administrative official may increase the height, depth, and content of said screening as necessary to adequately
protect adjacent single-family residential development. The screening shall be provided and maintained along the
property line of such lot. (Ord. 2010-16 § 9, 2010: Ord. 2008-46 § l (part), 2008: Ord. 93-81 § 30, 1993; Ord. 2947
§ 1 (part), 1986).
15.06.100 Lighting of parking lots.
Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided,
lighting shall be directed to reflect away from adjacent and abutting properties. Parking lots adjacent to residential
districts or uses shall be designed with down -shielding and luminaries creating no lighting pollution upon those
properties. A photometric lighting plan may be required if the parking lot is located adjacent to or abutting
residential properties. Further requirements and restrictions are required when the property is located within the
airport safety overlay. (See YMC Chapter 15.30.) (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.110 Construction and maintenance.
All off-street parking lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales lots having a
capacity of three or more vehicles shall be constructed in the following manner:
A. Surfacing. Paved with two -inch -thick asphaltic surfacing on an aggregate base, or an equivalent surfacing
acceptable to the administrative official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are
encouraged.
B. Grading and Drainage. Graded and drained so all surface water is disposed of on-site. Grading and drainage
facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater
Manual, which will require review by the city engineer or a designee.
C. Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line
shall provide a concrete curb at least six inches in height and located at least two feet from the street property line.
The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area,
or if the parking lot is separated from the street by a fence or hedge.
D. Markings. All parking spaces (except motor vehicles sales areas) shall be marked by durable painted lines at
least four inches wide and extending the length of the stall or by curbs or other means approved by the
administrative official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall
be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required, all accessible
parking spaces shall be marked and signed in compliance with the currently adopted International Building Code.
The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and
irrigation facilities in conformance with the standards of this chapter and the approved site plan. (Ord. 2010-16 § 10,
2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 31, 1993: Ord. 2947 § 1 (part), 1986).
15.06.120 Time of completion.
All parking required by this title shall be installed prior to occupancy or commencement of use. Where compliance
with this requirement is not possible, the administrative official may grant an appropriate delay under the provisions
of YMC 15.12.070(D). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.130 Off-street loading space required.
Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from
trucks or other large vehicles. (See YMC 15.06.030.)
A. Loading Space Size. The required loading space shall be of adequate size to accommodate the maximum
number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space
shall have the minimum dimensions of twelve feet in width and twenty-five feet in length. On-site maneuvering
space of not less than fifty-two feet in length shall be provided adjacent to the loading dock. This maneuvering
space shall not include any area designated for off-street parking.
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B. Loading Space Location. Required off-street loading and related maneuvering space shall be located only
on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of-
way of any public or private road. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.06.140 Nonconforming parking.
A. Any use which, on the effective date of the ordinance codified in this section or any amendments hereto, is
nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were
conforming; however, the number of existing off-street parking spaces shall not be reduced.
B. When an existing structure with nonconforming parking is expanded and additional parking is required, the
additional parking spaces shall be provided in accordance with the provisions of this chapter; however, the number
of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the
number of previously existing spaces satisfies the requirements of this chapter.
C. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in
Table 4-1, the nonconformity shall cease and the new use shall provide all the required off-street parking in
accordance with the provisions of this chapter. However, this requirement may be waived by the administrative
official for existing buildings and/or lots within the CBD or GC zoning districts, containing insufficient area to
provide parking, provided the following factors are taken into consideration:
New use has similar parking requirements to the previously approved use;
2. The availability of on -street parking;
3. The availability of nearby off-street parking or other opportunities to conform to the parking standard,
such as a shared parking agreement; and
4. Location of the business in proximity to the downtown business district exempt area (YMC
15.06.040(C)). (Ord. 2010-16 § 11, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.07 SITESCREENING
Chapter 15.07
SITESCREENING
Sections:
15.07.010
Purpose.
15.07.020
Sitescreening required.
15.07.030
Determination of sitescreening requirements.
15.07.040
Sitescreening standards.
15.07.050
Table of required sitescreening standards.
15.07.060
Sitescreening along streets.
15.07.070
Location.
15.07.080
Existing plant material.
15.07.090
Preparation of a sitescreening plan.
15.07.100
Time of completion.
15.07.110
Retention and maintenance.
Page 87/294
15.07.010 Purpose.
The purpose of this chapter is to: establish sitescreening standards to provide a visual buffer between uses of
different intensity, streets and structures; reduce erosion and stormwater runoff, protect property values; and
eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs,
water runoff, buildings or parking areas. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.020 Sitescreening required.
Sitescreening shall be required along the property lines in accordance with the provisions of this chapter whenever
any use, development, or modification to use or development is being reviewed under this title; provided, the
construction of single-family residences or duplexes not part of a larger development is exempt from this chapter
unless the site abuts a commercial zoned district. No sitescreening is required along a property line shared with a
vacant parcel, except where a nonresidential use is developed upon a vacant parcel in the SR or R-1 zone. The
provisions of this chapter also apply to the approval of any residential subdivisions and planned residential
development. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.030 Determination of sitescreening requirements.
The administrative official may adjust the sitescreening standards in this chapter by approving other sitescreening
plans pursuant to the provisions of YMC 15.10.020 and 15.10.03i 040. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 §
1 (part), 1986).
15.07.040 Sitescreening standards.
A. Sitescreening requirements vary depending on the intensity of both the proposed use and abutting properties.
Three different standards, A, B and C, are hereby established to accommodate the range of sitescreening needs.
STANDARD A—A ten -foot -wide landscaped planting strip with trees at twenty -foot to thirty-foot centers, which
includes shrubs and groundcover.
STANDARD B—A three -foot -wide planting strip that will create a living evergreen screen that is at least six feet in
height within three years.
STANDARD C—A six -foot -high, view -obscuring fence, made of wood, masonry block, concrete, or slatted chain
link material. A three -foot -wide planting strip landscaped with a combination of trees, shrubs and groundcover along
the outside of the fence is also required when the fence is adjacent to a street, alley or pedestrian way.
B. Provisions A, B and C are standards for the size of sitescreening area and the density and type of
landscaping/planting. The developer may substitute a higher sitescreening standard, with standard C being higher
than B, and B being higher than A.
DOC.
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Chapter 15.07 SITESCREENING
C. Other sitescreening plans that improve the site design and achieve the purpose of this section may also be
approved by the administrative official in accordance with YMC Chapter 15.10. All sitescreening shall also conform
to the provisions of YMC Chapter 15.05. (Ord. 2008-46 § l (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.050 Table of required sitescreening standards.
Table 7-1 is hereby adopted as part of this chapter. The letter designation in this table refers to the sitescreening
standards in YMC 15.07.040.
Table 7-1 Required Sitescreening Between Uses and Development
Lowest Intensity Zoning
District in which the
PROPOSED LAND USE is a
Class (1) Use
SR
Lowest Intensity District in which ADJACENT USE is a Class (1) Use
LOWER ZONING DISTRICT INTENSITY HIGHER
SR R-1 R-2 R-3 B-1 B-2 SCC LCC AS GC CBD RD M-1 M-2
A A C C C C; C C C C C
R-1
B
C
C
C
C C;
C
Q::;
C
Q
C
C
R-2
A
B
C
B
C
C C
C
C
C
C
C
C
R-3
A
A
A
A
B
C C
C
C
C
C
C
C
B-1
A
B
B
A
B
B
B-2
C
C
C
B
B
B
SCC
C
C
C
C
B
B
LCC
C
c
C
C
A
B
AS
C
C
C
C
GC
C
C
C
C
A
B
CBD
C
C
C
C
A
B
RD
C
C
C
C
C
C
M-1
C
C
C
C
B
B
B A
A
A
C
M-2
C
C
C
C
B
B
B B
B
B
C
HOW TO USE TABLE 7-1: An empty space means sitescreening is generally not required. A, B, or C—Letters refer to the sitescreening
standards in YMC 15.07.040.
EXAMPLE: Proposed Use: Residential Mini -Storage
1. Refer to Table 4-1 to find the lowest intensity zoning district in which the proposed use is permitted as a Class (1) use. For residential mini -
storage this is M-1. Find this zoning district in Column 1 above.
2. Refer to Table 4-1 to find the lowest intensity zoning district in which each adjoining use is permitted as a Class (1) use. If adjoining use is
not a Class (1) use in any district sitescreening, standard C is the required sitescreening standard along that property line.
Adjoining Uses:
North—Single-family dwellings—Lowest Intensity District Class (1) Use = SR
South—Tavern—Lowest Intensity District Class (1) Use = LCC
East—Employment Agency—Lowest Intensity District Class (1) Use = B-2
N X
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Chapter 15.07 SITESCREENING
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3. Use Table 7-1 to find the recommended sitescreening to be provided by proposed use. The recommended level of sitescreening is the letter
in the intersection of the district found in Step 1 with each district noted in Step 2. (In this example: SR = C; LCC = A; B-2 = B; Vacant = none.
Refer to specific sitescreening standards in YMC 15.07.040. Prepare sitescreening plan. See YMC 15.07.040.)
(Ord. 2008-46 § I (part), 2008: Ord. 3019 § 30, 1987; Ord. 2947 § 1 (part), 1986).
15.07.060 Sitescreening along streets.
Sitescreening standard A shall apply wherever sitescreening is required under Table 7-1 and the adjoining land use
is separated from the proposed use or development by a collector or local access street. The administrative official
may also require sitescreening standard A along an arterial when such action is consistent with the purpose of this
chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.070 Location.
Generally, all required sitescreening shall:.
Be located on the perimeter of a lot or parcel upon which the development occurs;
2. Extend from lot line to lot line;
Adhere to applicable setback standards of YMC Chapter 15.05; and
4. Not be located on any portion of a public or private street, dedicated right-of-way or vision clearance
triangle. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.080 Existing plant material.
Existing trees and other vegetation may be used for sitescreening if they are healthy and will satisfy the purpose of
this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.090 Preparation of a sitescreening plan.
The administrative official may require a sitescreening plan showing the approximate location, height, size and type
of all plantings and fences whenever sitescreening is required. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 31, 1987;
Ord. 2947 § 1 (part), 1986).
15.07.100 Time of completion.
All sitescreening required by this title shall be installed prior to occupancy or commencement of use. Where
compliance with this requirement is not possible because of seasonal planting limitations, the administrative official
shall grant an appropriate delay. However, no permanent certificate of occupancy shall be issued until all required
sitescreening is completed. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.110 Retention and maintenance.
All sitescreening shall be maintained in accordance with the purpose and intent of this chapter. It is the property
owner's obligation and responsibility to maintain the sitescreening approved. In the event the sitescreening
deteriorates or is not maintained in a condition consistent with plan approval, the appropriate jurisdiction may at its
option cause necessary maintenance to be performed and assess the costs thereof to the property owner. These costs
shall constitute a lien on the property from the date of filing a notice of lien in the office of the county auditor. The
lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by
the appropriate jurisdiction in the manner provided by law for the foreclosure of mortgages. (Ord. 2008-46 § 1
(part), 2008: Ord. 3019 § 32, 1987: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
DOC.
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Yakima Municipal Code
Chapter 15.08 SIGNS
Chapter 15.08
SIGNS
Sections:
15.08.010
Purpose.
15.08.020
Definitions.
15.08.030
Development permit required.
15:08,:040
Nonregulated -signs. -
15.08.045
Fee exempt signs.
15.08.050
Prohibited signs.
15.08.055
Sign maintenance.
15.08.060
Sign standards.
15.08.070
General provisions.
15.08.080
Projection over right-of-way.
15.08.090
Roof signs.
15.08.100
Wall signs.
15.08.105
Fascia signs.
15.08.110
Temporary signs.
15.08.120
Directional signs.
15.08.130
Off -premises signs and billboards.
15.08.140
Multiple -building complexes and multiple -tenant buildings.
15.08.150
Freeway signs.
15.08.160
Legal nonconforming signs.
15.08.170
Administrative adjustment of sign standards allowed.
15.08.180
Variances.
15.08.190
Violations.
Page 90/294
15.08.010 Purpose.
The purpose of this chapter is to accommodate and promote sign placement consistent with the character and intent
of the zoning district; proper sign maintenance; elimination of visual clutter; and creative and innovative sign
design. To accomplish this purpose, the posting, displaying, erecting, use, and maintenance of signs within the urban
area shall occur in accordance with this chapter. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § 1 (part), 1986).
15.08.020 Definitions.
For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as
specified herein.
"Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or
more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use.
"Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or
more edges. National flags, state and local flags or any official flag at an institution or business will not be
considered banners.
"Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural
protective cover over a door, entrance, window or outdoor service area.
"Changing message center sign" means an electronically controlled sign where different automatic changing
messages are shown on the lamp bank. This definition includes time and temperature displays.
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"Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or
firms involved with the construction of a building and to show the design of the building or the purpose for which
the building is intended.
Directional Sign. See "off -premises directional sign' and "on -premises directional sign."
"Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as
part of the sign proper.
"Fascia board" means:
1. A board used on the outside vertical face of a cornice.
2. The board connecting the top of the siding with the bottom of a soffit.
3. A board nailed across the ends of the rafters at the eaves.
4. The edge beam of a bridge.
5. A flat member or band at the surface of a building.
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Chapter 1.5.08 SIGNS
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Front View
Figure 8-1
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Yakima Municipal Code Page 93/294
Chapter 15.08 SIGNS
"Fascia sign" means a sign which is attached to the fascia board of an existing building's roof structure where the
sign projects less than one foot from the fascia or parapet of the building, including the parapet to which it is affixed,
painted or attached, running parallel for its whole length to the face or wall of the building, and which does not
extend beyond the horizontal width of such building. The building's fascia board shall have a soffit and end caps
installed flush with the bottom and ends of the sign, integrating the subject sign into the building's fascia and overall
roof system.
City Of Yakima
FASCIA SIGN (YMC 15.08.105)
Figure 8-2
"Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light
intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-
third of the nonconstant light source is off at any one time.
"Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground.
"Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic.
"Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and
searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new
management.
"Marquee/display case sign" means a sign typically associated with, but not limited to, movie theaters, performing
arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface of the structure, or
attached to a structure approved by the building official. In addition, a changeable copy area is included where
characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign.
Marquee/display case signs shall be considered wall signs regulated under the provisions of YMC 15.08.100, and all
sign materials placed behind the clear/translucent material shall not be considered a temporary sign subject to the
provisions of YMC 15.08.110.
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Chapter 15.08 SIGNS
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"Multiple -building complex" is a group of structures housing two or more retail, office, or commercial uses sharing
the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -
building complex shall be considered a single use.
"Multiple -tenant building" is a single structure housing two or more retail, office, or commercial uses sharing the
same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -
building complex shall be considered a single use. (See YMC 15.08.140.)
"Off -premises directional sign" means an off -premises sign with directions to a particular business.
"Off -premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold,
produced, manufactured or furnished at a place other than on the property where the sign is located.
"On -premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits,
service areas, or other on-site locations.
"On -premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the
business transacted, services rendered, goods sold or products produced on the premises or the name of the business
or name of the person, firm or corporation occupying the premises.
"Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or
a sign urging a particular vote on a public issue decided by ballot.
"Portable sign" means a sign made of wood, metal, plastic, or other durable material that is not attached to the
ground or a structure. This definition includes sandwich boards, and portable reader boards if placed on private
property. Signs placed on public or street right-of-way, including public sidewalks, require review under YMC
8.20.055.
"Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building
face.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
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Chapter 15.08 SIGNS
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°''y° YIakima PROJECTING SIGN {YMC 15.08.080}
Figure 8-3
"Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings.
"Roof sign" means any sign erected or constructed as an integral part or is essentially part of a normal roof structure
of any building design, where any portion of the face of which is situated above the roof line to which it is attached,
and which is wholly or partially supported by said building. See YMC 15.08.090.
"Sign" means any medium, including its structural component parts, used or intended to attract attention to the
subject matter that identifies, advertises, and/or promotes an activity, product, service, place, business, or any other
thing.
"Sign area" means that area contained within a single continuous perimeter enclosing the entire sign cabinet, but
excluding any support or framing structure that does not convey a message.
"Sign cabinet" means the module or background containing the advertising message but excluding sign supports,
architectural framing, or other decorative features which contain no written or advertising copy.
"Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest
street curb, whichever permits the greatest height, to the highest point of the sign.
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Chapter 15.08 SIGNS
Figure 8-4
Page 96/294
"Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet.
"Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner lots,
each street -side property line shall be a separate street frontage. The frontage for a single use or development on two
or more lots shall be the sum of the individual lot frontages.
Figure 8-5
"Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper,
canvas, cardboard, or other light nondurable materials. Types of displays included in this category are: grand
opening, special sales, special event, and garage sale signs.
"Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church,
residential development, or a legal business other than a home occupation in a residential district.
"Wall sign" means any on -premises sign attached to or painted directly on, or erected against and parallel to, the
wall of a building. See YMC 15.08.100.
Docs.
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Yakima Municipal Code
Chapter 15.08 SIGNS
SIGNNZLCANNUI LXCLLO
SIZE OF WALL TO WI I CI1 ATTACI IED
IS11111
cii yy or Yakima
BUILDING FACE P SIDE VIEW
WALL SIGN (YMC 15.08.100)
Figure 8-6
Page 97/294
"Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information
about an activity, business, commodity, event, sale or service, placed inside a window or upon the window panes or
glass and visible from the exterior of the window. Window signs shall not be included in determining a site's total
number of signs permitted or allowed sign area, and shall not be counted as wall or temporary signage as regulated
under YMC 15.08. 100 and 15.08.110. Window signage which exceeds fifty percent of any given window area is not
permitted. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2010-34 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord.
93-81 § 32, 1993: Ord. 3106 § 16, 1988: Ord. 2947 § 1 (part), 1986).
15.08.030 Development permit required.
No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first
receiving a development permit from the building official.
1. For New Uses. All on -premises signs meeting the standards of this chapter are considered Class (1) uses
requiring Type (1) review. On -premises signs not meeting the standards shall follow the procedures of YMC
15.08.170, and are otherwise not permitted. Off -premises signs and billboards are permitted as identified in
YMC 15.08.130.
2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing
sign requires Type (1) review and approval by the building official. (Ord. 2015-007 § 1 (Exh. A) (part), 2015:
Ord. 2011-12 § 3, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 33, 1987: Ord. 2947 § 1 (part), 1986).
15.08.040 Nonregulated signs.
Provided the below -mentioned signs meet the general provisions of YMC 15.08.070, and except when otherwise
prohibited, or regulated in another section of this chapter, the following signs are not regulated as to their number
and/or size, with the exception of window and temporary signs. All signs listed in this section do not require a
permit:
DOC.
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Chapter 15.08 SIGNS
1. Window signs, in conjunction with a permitted use, of which the signage does not exceed fifty percent or
more of the total window area. Window signs shall not be included in determining the total number of
permitted signs or allowed signage area, as regulated in YMC Chapter 15.08;
2. Point of purchase displays, such as product dispensers;
3. Gravestones;
4. Barber poles;
5. Historical site plaques;
6. Structures intended for a separate use such as phone booths, Goodwill containers, etc.;
7. Official and legal notices issued by any court, public body, person or officer in performance of a public
duty or in giving any legal notice;
Directional, warning or information signs or structures required or authorized by law;
9. Official flags of the United States of America, states of the United States, counties, municipalities,
official flags of foreign nations, and flags of internationally and nationally recognized organizations;
10. Political signs advertising a candidate or candidates for public elective office, a political party, or
promoting a position on a public issue during a campaign; provided, that:
a. All political signs shall be removed within fifteen days following the election, except that in cases where
a general election follows a primary election, those signs for candidates whose names will appear on the ballot
in the general election may be displayed during the interim period and up to fifteen days after the general
election; and
b. No political sign shall be erected upon any private property without the permission of the resident or
owner thereof, and, in cases where there is no occupied structure on the property, no political signs shall be
placed thereon without the written consent of the owner of the property;
11. Temporary signs; no more than two temporary signs per parcel, not to exceed a combined total of thirty-
two square feet of sign area (see YMC 15.08.110);
12. Canopies and awning signs;
13. Official public or court notices issued by a government agency or body or required or provided for
under adopted statute;
14. Construction and real estate signs up to thirty-two square feet in sign area. (Ord. 2015-007 § 1 (Exh. A)
(part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-25 § 1, 2001: Ord. 93-81 § 33, 1993: Ord. 3019 § 34,
1987: Ord. 2947 § 1 (part), 1986).
15.08.045 Fee exempt signs.
The following signs are exempt from the fee requirements of YMC 11.04.030 and Title 15, but require submittal and
approval of a sign permit meeting the general requirements of YMC 15.08.070, and the site specific standards of
YMC Ch. 15.08:
1, On -premises signs not readable from the public right-of-way, i.e., menu boards, etc.;
On -premises directional signs;
Construction and real estate signs exceeding thirty-two square feet in sign area;
00C.
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4. Church, school, and community center name and/or reader boards not exceeding thirty-two square feet in
sign area;
5. Temporary signs totaling more than thirty-two square feet and up to sixty-four square feet of sign area per
parcel, or more than two temporary signs per parcel, up to a maximum of four signs. (Ord. 2015-007 § 1 (Exh.
A) (part), 2015).
15.08.050 Prohibited signs.
The following signs are prohibited:
I . Signs on any vehicle or trailer parked on public or private property and visible from a public right-of-way
for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs painted
on or magnetically attached to any vehicle operating in the normal course of business;
2. Signs purporting to be, imitating, or resembling an official traffic sign or signal; could cause confusion
with any official sign, or which obstruct the visibility of any traffic/street sign or signal;
Signs attached to utility, streetlight and traffic -control standard poles;
4. Swinging projecting signs;
5. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or dangling
materials) or hazardous condition;
Abandoned signs;
Signs on doors, windows or fire escapes that restrict free ingress or egress; and
8. Any other sign not meeting the provisions of this chapter. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord.
2008-46 § 1 (part), 2008: Ord. 93-81 § 34, 1993: Ord. 2947 § 1 (part), 1986).
15.08.055 Sign maintenance.
A. General Requirements. Signs shall be maintained in good order and repair at all times so that they do not
constitute any danger or hazard to public safety, and are free of peeling paint, major cracks and loose and dangling
materials. Signs that are not maintained in this manner shall be considered prohibited signs.
B. Nonconforming Sign Maintenance and Repair. Nothing in this title shall relieve the owner or user of a legal
nonconforming sign, or the owner of the property on which the nonconforming sign is located, from the provisions
of this section regarding safety, maintenance, repair, and/or removal of signs. (See YMC 15.08.160.) (Ord. 2015-007
§ 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 35, 1993).
15.08.060 Sign standards.
The provisions of this chapter and the requirements in Table 8-1, "Type and Number of Signs Permitted," Table 8-2,
"Maximum Sign Area," and Table 8-3, "Sign Height and Setbacks," are established for all signs in the zoning
districts indicated. All permitted signs are subject to the review procedures of this title and the standards of this
section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the
principal use.
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Table 8-1. Type and Number of Signs Permitted
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
ZONING DISTRICTS
SIGN
TYPE
SR R-1 R-2
j I
R-3 B 1 HB B-2 SCC LCC CBD GC ] AS RD M-1 M-2
PERMITTED SIGNS
On -Premises Signs
Nameplate
Permitted as an Accessory Use to an Approved or Existing Use
Subdivision
Identification/Project
identification
Roof/Portable Signs
Not Permitted
Class (1) Use
Freestanding'
Subdivision/Proj. I.D.On-premises
signs meeting the standards ofthis chapter are considered Class (1) uses requiring Type (1)
Onlyreview-
On -premises signs not meeting the standards of this chapter shall follow the procedures of YMC
Projecting
Not Permitted
15.08.170, and are otherwise not permitted.
Freeway
Directional
See YMC 1508,150
Not Perm-tted Not Class(2) Use Class(1) Use
Off -Premises Signs
(2) UsePermitted
Advertising
Billboards
NUMBER OF SIGNS PERMITTED
On -Premises Signs
Nameplate
1 Per Dwelling
Subdivision
i Per Street Frontage
1 Per Street Frontage
Identification/Use
Identification
Freestanding'
Projecting
Not Permitted
Wall/Roof/Portable
I. Wall: YMC 15,08,100/Roof: YMC 15.08.090
Signs
2. Portable:
a. Non -Regulated: No more than two signs per parcel, not to exceed a combined total of 32
square feet of sign area;
b_ Fee Exempt: Signs totaling more than 32 square feet and up to 64 square feet of sign area per
parcel, or more than two temporary signs per parcel, up to a maximum of four signs.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.08 SIGNS
NOTES:
Page 101/294
SIGN TYPE
ZONING DISTRICTS
SR
R-1
L R-2 R-3
B-1
I HB B-2 SCC LCC
CBD
GC
AS RD
M-1 M-2
Freeway
Freeway: See YMC 15.08.150
Off -Premises Signs
Directional
Directional: See YMC 15.08.120(B)
Advertising
Not Permitted
1 Sign Per Parcel (Also See YMC 15.08.130)
Billboards
YMC 15,08 140 has freestanding sign provisions for multiple -building complexes and multiple -tenant buildings.
2, Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall—See Table 8-2,
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.08 SIGNS
Table 8-2. Maximum Sign Area
Page 102/294
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Freestanding and Projecting Signs
ZONING DISTRICT
Sign is set back 15 ft. or Sign is set back 15 ft. or WALL SIGNS
FREEWAY SIGNS
less from required right- more from required
of -way right-of-way
SR, R-1, R-2, and R-3
Nameplates up to 2 sq„ ft, and subdivision/project identification up to 32 sq. ft,
NOT PERMITTED
HB and B-1
24 sq, ft.
40 sq, ft..
B-2
40 sq, ft.
60 sq. ft.
SCC
Frontage is
1 sq. ft, of sign area per
1-1/2 sq. ft. of sign area
less than 400
lineal ft, of frontage up to
per lineal ft. of frontage up
ft, long
100 sq. ft.
to 150 sq. ft.
Frontage is
1 sq, ft. of sign area per
1-1/2 sq, ft. of sign area
more than
lineal ft. of frontage up to
per lineal ft, of frontage up
400 ft. long
150 sq. ft.
to 200 sq. ft.
L(11t.: Frontage is
1 sq. ft, of sign area per 1-1/2 sq. ft. of sign area
less than 400
lineal ft, of frontage up to per lineal ft. of frontage up
ft. long
150 sq. ft. to 200 sq. ft.
Frontage is
i sq. ft. of sign area per 1-1/2 sq. ft. of sign area
more than
lineal ftof frontage up to per lineal ft. of frontage up
400 ft. long
200 sq. ft. to 250 sq. ft.
CBD
1 sq. ft. of sign area per lineal ft. of frontage up to 150
sq. ft..
WHERE PERMITTED:
64:;
Frontage is
i sq. ft. of sign area per
1-1/2 sq. ft. of sign area
less than 400
lineal ft. of frontage up to
per lineal ft. of frontage up
SIZE OF WALL TO
i JP TO 300 SQ[ JARF
ft. long
150 sq, ft.
to 200 sq. ft.
WHICH ATTACHED
FOOT
Frontage is
1 sq. ftof sign area per
1-1/2 sq, ft, of sign area
more than
lineal ft. of frontage up to
per lineal ft. of frontage up
400 ft„ long
200 sq. ft.
to 250 sq. ft.
AS
Frontage is
1 sq. ft. of sign area per
1-1/2 sq, ft. of sign area
less than 400
lineal ft. of frontage up to
per lineal ft. of frontage up
ft. long
150 sq. ft.
to 200 sq. ft,
Frontage is
1 sq. ft. of sign area per
1-1/2 sq. ft, of sign area
more than
lineal ft. of frontage up to
per lineal ft. of frontage up
400 ft. long
200 sq, ft.
to 250 sq, ft.
RD
Frontage is
1 sq. ft, of sign area per
1-1/2 sq. ft. of sign area
less than 400
lineal ft. of frontage up to
per lineal ft. of frontage up
ft. long
150 sq. ft.
to 200 sq. ft.
Frontage is
1 sqft. of sign area per
1-1/2 sq. ft. of sign area
more than
lineal ft. of frontage up to
I per lineal ft. of frontage up
400 ft. long
200 sq. ft.
to 250 sq. ft.
M-1
1 sq. ft. of sign area per
1-1/2 sq. ft. of sign area
lineal ft, of frontage up to
100 sq, ft,
per lineal ft. of frontage up
to 150 sq. ft„
M -2:::::I-
MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.08 SIGNS
Table 8-3. Sign Height and Setbacks
Page 103/294
(Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 4 (part), 2011; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 36, 1993; Ord. 3106 § 17,.
1988; Ord. 3019 § 35, 1987: Ord. 2947 § 1 (part), 1986).
15.08.070 General provisions.
All signs shall comply with the following provisions:
A. Construction shall satisfy the requirements of the building code;
B. Except for nonregulated and temporary signs, all signs shall be permanently attached to a building or the
ground;
C. Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC
15.08.080(1) and 15.08.090;
D. All signs shall comply with the setback requirements in Table 8-3, except when the side or rear yard is a street
frontage, then the front setback shall apply;
E. Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or
brightness shall not adversely affect neighboring property or motor vehicle safety;
F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner;
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
®®C.
INDEX
ZONING DISTRICTS
SR R-1 R-2 R-3
B -I HB
B-2
SCC LCC CBD TGC AS RD M-1 M-2
SIGN STANDARDS
MAXIMUM SIGN HEIGHT
Freestanding' Sign is set
5 ft.
10 ft.
15 ft.
30 ft, 30 ft. 30 ft. 301
back 15 feet
or less from
required
right-of-way
Sign is set
10 ft.
15 ft.
20 ft.
35 ft. 40 ft. 30 ft. 401
back more
than 15 feet
from
required
right-of-way
Projecting
Not permitted
See YMC 15.08,080
1.
Wall
1.
Top of wall to which attached (YMC 15.08. 100)
2.
Fascia
2. Horizontal and vertical limits of fascia board to which attached (YMC
15.08.105)
Where permitted: 70 ft.
Freeway
SETBACKS
Minimum front yard
Edge of right-of-way
setbacks
Minimum side yard setbacks
Required setback standards for each zoning district (Table 5-1)
Notes:
1 YMC 15.08,.140 has special freestanding sign provisions for multiple -building complexes and multiple -tenant buildings.
2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall. (See Table 8-2.)
(Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 4 (part), 2011; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 36, 1993; Ord. 3106 § 17,.
1988; Ord. 3019 § 35, 1987: Ord. 2947 § 1 (part), 1986).
15.08.070 General provisions.
All signs shall comply with the following provisions:
A. Construction shall satisfy the requirements of the building code;
B. Except for nonregulated and temporary signs, all signs shall be permanently attached to a building or the
ground;
C. Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC
15.08.080(1) and 15.08.090;
D. All signs shall comply with the setback requirements in Table 8-3, except when the side or rear yard is a street
frontage, then the front setback shall apply;
E. Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or
brightness shall not adversely affect neighboring property or motor vehicle safety;
F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner;
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
®®C.
INDEX
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 104/294
G. The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no
written or advertising copy to the sign cabinet shall not be greater than 1:1;
H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes (see YMC
15.05.040);
I. No freestanding signs shall be placed in the clearview triangle established in YMC 15.05.040; and
J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. (Ord.
2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 4 (part), 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 37,
1993: Ord. 3106 § 18, 1988: Ord. 2947 § 1 (part), 1986).
15.08.080 Projection over right-of-way.
Projecting and freestanding signs shall comply with the following provisions:
1. No more than one-third of the height of any projecting sign shall exceed the height of the building to
which it is attached.
2. All signs projecting over the public right-of-way shall conform to the following standards:
Clearance Above Grade
Less than 8 feet
8 feet to 9 feet
9 feet to 10 feet
Over 10 feet
Maximum Projection
Not permitted
1 foot
2 feet
2/3 the distance from
building to curb line or a
maximum of 10 feet
No sign shall project within two feet of the curb line. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1
(part), 2008: Ord. 3019 § 36, 1987: Ord. 2947 § 1 (part), 1986).
15.08.090 Roof signs.
All roof signs shall comply with the following provisions:
Roof signs shall be constructed upon the roof of a building.
2. Roof signs shall be integrated into the roof system of an existing building, or be erected so as to appear
from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building itself.
3. Roof signs must not exceed the maximum allowable height of the building within the district in which it
is located.
4. All roof signs shall be installed or erected in such a manner that there is no visible support structure.
(Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.08.100 Wall signs.
All wall signs shall conform to the following provisions:
1. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more
than twelve inches from the wall.
2. The number of wall signs is not regulated; provided, the total area of the wall sign(s) may not exceed the
area of the wall to which attached.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. i
C.-
Yakima Municipal Code Page 105/294
Chapter 15.08 SIGNS
Wall signs shall not extend above the height of the wall to which attached.
4. Marquee/Display Case Signs.
a. Marquee/display case signs shall have:
i. A changeable copy area where characters, letters, or illustrations can be changed or rearranged
without altering the face or the surface of the sign;
The sign face shall be made of a translucent durable material;
iii. The sign cabinet/display case shall be lockable and capable of preserving the sign material
inside from the elements. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008:
Ord. 93-81 § 38, 1993: Ord. 2947 § 1 (part), 1986).
15.08.105 Fascia signs.
A fascia sign is a sign which is attached to the fascia board of an existing building's roof structure.
1. Fascia signs may be painted upon, attached flat to, or pinned/projecting from the fascia board, but shall
not project more than twelve inches from the fascia board.
2. The number of fascia signs is not regulated; provided, the total area of the sign(s) may not exceed the area
of the fascia board to which it is attached.
3. Fascia signs shall not extend beyond the horizontal and vertical limits of the fascia board to which it is
attached. (Ord. 2015-007 § 1 (Exh. A) (part), 2015).
15.08.110 Temporary signs.
All temporary signs shall conform to the following:
No temporary sign shall be placed in a required parking space, driveway, or clearview triangle..
2. No temporary sign may be placed in the public right-of-way or an easement unless specifically permitted
by the city/oounly.
3. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or
other barrier.
4. No temporary sign shall be displayed more than fifteen days after the event for which it is intended. (Ord.
2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-25 § 2, 2001: Ord. 93-81 § 39,
1993: Ord. 2947 § 1 (part), 1986).
15.08.120 Directional signs.
A. On -Premises Directional Signs. On -premises directional signs readable from the public right-of-way may be
permitted in accordance with Table 8-1. On -premises directional signs may contain both directions and the business
name or logo, provided the business name or logo shall not exceed fifty percent of the sign area. All on -premises
directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face.
B. Off -Premises Directional Signs. Off -premises directional signs are permitted where indicated in YMC
15.08.130(B); provided, that:
1. Each use located in a district where off -premises directional signs are allowed is permitted one off -
premises directional sign;
2. The off -premises sign contains only directional information and does not exceed thirty-two square feet in
area nor twenty-five feet in height;
The off -premises signs are permanently installed on private property;
100C.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDEX
�ti�
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 106/294
4. Only one off -premises sign is permitted on a parcel. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-
46 § I (part), 2008: Ord. 2947 § 1 (part), 1986).
15.08.130 Off -premises signs and billboards.
A. Billboards are:
Class (1) uses in the M-1 and M-2 districts; and
Class (2) uses in the CBD, GC, and RD districts.
B. Billboards may be permitted in these districts after the required level of review, provided they meet the
provisions of this chapter and all of the following criteria:
1. The maximum sign area does not exceed three hundred square feet per sign face;
2. There is no more than one product displayed per sign face;
3. There are no side-by-side panels;
4. Required front yard setbacks are met;
5. Billboards between a one -hundred -fifty- and three -hundred -foot radius of a residential district shall be
restricted to one hundred sixty square feet per sign face and may not be lighted;
6. No billboard shall be located within one hundred fifty feet of a residential district;
7. The billboard is not within five hundred lineal feet of another billboard having the same street frontage;
8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8-3;
9. The total number of combined freestanding signs, off -premises signs and billboards does not exceed the
number of freestanding signs allowed for the property.
C. Off -premises signs are:
Class (1) uses in the M-1 and M-2 districts;
Class (2) uses in the B-2, CBD, GC, and RD districts.
Off -premises signs may be permitted in these districts after the required level of review, provided they meet the
provisions of this chapter and the specific standards for the district in which they are located. (Ord. 2015-007 §
1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 40, 1993: Ord. 2947 § 1 (part), 1986).
15.08.140 Multiple -building complexes and multiple -tenant buildings.
A. Purpose. The following provisions shall apply to multiple -building complexes and multiple -tenant buildings
in the SCC, LCC, GC, and RD districts.
B. Number of Freestanding Signs. Each multiple -building complex shall be allowed one freestanding sign on
each street frontage in accordance with Table 8-2. When the street frontage is longer than four hundred feet:
1. One additional freestanding sign shall be permitted for each additional four hundred feet of street
frontage or part thereof; or
A single, larger freestanding sign can be erected in accordance with Table 8-2.
If option 1, as set forth in subsection (13)(1) of this section, is selected, no freestanding sign shall be placed closer
than two hundred feet to any other freestanding sign or exceed the standards in Table 8-2. These provisions shall
also apply to each multiple -tenant building, unless it is a part of a multiple -building complex.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.`'
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 107/294
The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple -building
complex or multiple -tenant building. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord.
2947 § 1 (part), 1986).
15.08.150 Freeway signs.
A. Purpose. The purpose of this section is to permit hotels/motels, restaurants, service stations and fruit stands
near the freeway a larger on -premises sign to inform freeway travelers of their service.
B. Location. A freeway sign may be used to substitute an allowable freestanding sign where there is more than
one street frontage, when the use:
1. Has frontage on Nob Hill Blvd., Yakima Avenue, Terrace Heights Drive, North 1st Street, North 16th
Avenue, or North 40th Avenue and all or a portion of the lot is within one thousand feet of a freeway
interchange; or
2. Is within two hundred fifty feet of the freeway right-of-way,
C. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple -building complex or
for each development, whichever is more restrictive.
D. Uses with Only One Frontage. Uses within the area described in subsection B of this section with only one
street frontage may install a freeway sign in addition to the permitted freestanding sign.
E. Sign Height. The maximum height for freeway signs is shown in Table 8-3. (Ord. 2015-007 § 1 (Exh. A)
(part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 41, 1993: Ord. 2947 § 1 (part), 1986).
15.08.160 Legal nonconforming signs.
Any sign lawfully existing under all codes and ordinances in effect at the time this title is enacted or amended may
continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful;
provided, that:
A. No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and
B. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be
required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal
structural repair and maintenance; and
C. The sign is not a hazardous or abandoned sign. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § I
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.08.170 Administrative adjustment of sign standards allowed.
A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more
of the sign design standards of this chapter is proposed or when required as part of a detailed sign plan. The
comprehensive design plan shall include a narrative and site plan, including but not limited to the following:
I. Site plan which includes the physical components of the sign including sign size, height, shape, color,
location and associated landscaping;
2. A description of how the sign relates to the immediate surroundings, including existing and proposed
structures, other signs, neighboring land uses and the character of the zoning district;
An explanation of why the existing sign standards are not adequate and require adjustment; and
4. For multiple -tenant buildings and multiple -building complexes, a description of how the available sign
area will be allocated between tenants or leasable spaces.
D®9,r.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 108/294
B. Review Procedures. The administrative official shall review the comprehensive design plan in accordance
with the provisions of YMC Chapter 15.10 and may either approve or disapprove the plan. The administrative
official shall approve the comprehensive design plan and/or adjustments in the standards of this chapter when he
finds that such approval would be consistent with the character of the zoning district, compatible with neighboring
land uses, and create visual harmony between the sign, structure, and the site where it is located. The administrative
official may also attach conditions to this approval in order to accomplish the objectives of this section and YMC
15.10A'30040. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 5, 2011: Ord. 2008-46 § 1 (part), 2008:
Ord. 93-81 § 42, 1993; Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986).
15.08.180 Variances.
Except as allowed by YMC 15.08.170, no reduction of the standards in this chapter is allowed except pursuant to
YMC Chapter 15.21. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
15.08.190 Violations.
Failure to comply with the provisions of this chapter is a violation and punishable under YMC Chapter 15.25. (Ord.
2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.09 SPECIAL DEVELOPMENT
STANDARDS
Chapter 15.09
SPECIAL DEVELOPMENT STANDARDS
Sections:
15.09.010 Purpose.
15.09.020 Special development standards for the district overlays.
15.09.030 Common open space requirements.
15.09.040 Zero lot line development.
15.09.045 Accessory dwelling units.
15.09.050 Performance standards—Emissions.
15.09.060 Special development standards for service stations and other retail uses selling motor fuel.
15.09.070 Special requirements for animal husbandry.
15.09.080 Special requirements for bed and breakfast inns.
15.09.090 Special requirements for social card rooms.
15.09.100 Private street review requirements.
15.09.110 Reasonable accommodations process.
15.09.120 Community garden development standards.
15.09.200 Adult business.
15.09.210 Special requirements for retaining walls.
Page 109/294
15.09.010 Purpose.
A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with
more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established
as follows:
Overlay District
Districts or Programs
Greenway Overlay
Yakima River Regional Greenway
Plan; "rtatrurslhma I laskn 0Iropu"sm
Q Iloo ada n d uvca Vaay Sh(n04w k4aasl¢r In'a-owmm¢ hPrdnonat
Flood l4144ik# ni i AIrj},,Ir@4191w0o{�id
dNk ll d BOa fsti
Overlays established separately in dais 8 flc
Airport Safety Overlay (see
Yakima Air Terminal at McAllister
YMC Chapter 15.30)
Field; other public airport with
defined airspace per FAR Part 77
Institutional Overlay (see YMC
Large-scale institutional facilities
Chapter 15.31)
with special locational needs
Master Planned Development
Master planned development
Overlay (see YMC Chapter
(residential, commercial, industrial
15.28)
or mixed-use development)
odprllruui nr�°iil a
P���ivatl ona 111 it'll00 q�aa,utrr¢�a�° [1aa7;���yir��„
(flood hazard aaa aa,);P;uuy anV'
`e da ma CEi6(A fla"ea rt;G finau'ncc
�q'jr/Id, t 7 2.7
k��ur�+rsaaao k"Pelt' Y'itta_1T.;
B. Application. The provisions of this chapter shall apply when all or a portion of a development, or modification
thereto, is proposed within the boundaries of an overlay. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part),
2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
INDEX
_.-
Yakima Municipal Code Page 110/294
Chapter 15.09 SPECIAL DEVELOPMENT
STANDARDS
15.09.020 Special development standards for the district overlays.
A. Project Review in an Overlay l`Jo[ ll;;a�ua �at�°n p,vi rtaaia1a�pA� ��. In order to assure the appropriate standards are
applied, all Class (1) uses in an overlay od a uc ld n, nog sqp arm, l�,w m.a,) u^wVtgd unless otherwise specified shall be
subject to Type (2) review (YMC Chapter 15.14). All Class (2) uses shall be subject to Type (2) review and Class
(3) uses in an overlay district shall be subject to Type (3) review. The administrative official may condition or deny
approval of any use, development, or modification thereto in an overlay based on the provisions set forth and
adopted by this section.
B. Special Development Standards in the Greenway Overlay. All development in the greenway overlay shall
conform to the requirements and standards of the underlying zoning district and the policies and intent of the
Yakima River regional greenway plan.
C. Special Development Standards in the Floodplain Overlay. All development in the floodplain overlay shall
conform to the requirements and standards of the underlying zoning district, and the Nv,)(1 dtw n ag ^ g'aa°ewwwrntion
on°aipuauzaw ,awlgwtuKd r,wruuwt.y
/6t),th l.;,ily ail Yakjula",.a,a.opted t. ri6c i rea (MQ_1 5gygjine 6vlas1cl'..
Prog un (" M(, J i'fl , p °/p aar ' pon�wutw.e ,. l t(r✓elu)prrtentilte floc plat" ,Wfll also be
ecaaat,psient with-tllw; Crewmn Ia y or ciIy a uhoro",iiates master- �the p1arddatulg preventoowt
D. - Cuordf notion nkvifll tp7e..shof7el'ines fias'ter Programnwv (2) or(3) ta��, twwaaat..°wrnnionaatzur�nP.;�anaaa�
cxpa irik6on-j r,wa,,, aaraw diflcatflim nt Jvop used, wo'a property ..ww, 01111 t,",ouAvty-
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15.09.030 Common open space requirements.
The following provisions shall apply whenever common open space is proposed by the developer, or when required
by an administrative official under Type (2) or (3) review as a condition of approval:
A. Use. The common open space may be used for recreation; shoreline access; landscaping; land use, visual, or
noise buffer; drainage control; or other uses approved by the reviewing official during project review. Uses
authorized for the common open space shall be appropriate with the use, size and density of the proposed
development and the natural features of the site. Common open space shall be improved for its intended use, but
common open space containing natural features may be left unimproved. All structures and improvements permitted
in the common open space must be appropriate with the authorized use and natural features of the common open
space. Common open space may be used only for those uses specified in the approved final site plan.
B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project.
Generally, common open space shall be:
Located next to other open space areas;
2. Located so that it buffers the proposed development from neighboring developments; or
3. Located to provide access to recreation facilities or link recreational facilities with sidewalks or paths.
C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official
assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of
restrictive covenants, dedication of open space to the public where such dedication will be accepted by the
legislative body, a homeowner's association, or any other method approved by the administrative official. All legal
documents to carry out this requirement shall be approved by the jurisdiction's legal authority. The document shall
contain a provision vesting the a°waaanly/city with the right to enforce the permanent retention and maintenance of the
common open space and provide that in the event that common open space is permitted to deteriorate, or is not
maintained in a condition consistent with the approved plan and program, the r°wwanaa y/city may at its option cause
necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project.
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A document shall also provide for the collection of such costs by lien and/or direct civil action. (Ord. 2010-16 § 13
(part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.040 Zero lot line development.
A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote
efficient land use, permit a more energy-efficient arrangement of structures, protect environmentally sensitive areas,
or provide more usable private or community open space.
B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the
effective date of the ordinance codified in this section may be approved by a Type (2) review. Zero lot line
development may also be approved on lots created before the effective date by a Type (3) review. A site plan
meeting the requirements of YMC 15.11.040 030or, as applicable, YMC 15.11.050040, shall be prepared for all
zero lot line development.
C. Development Standards. All zero lot line developments shall comply with the standards of Tables 5-1 and 5-2,
the provisions and the following requirements; provided, that where the standards included herein conflict with the
standards established in other sections, the standards herein shall apply:
Dwelling Unit Setbacks.
a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property
line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures
except for patios, pools, fences, walls, and other similar elements are permitted within the required setback
area.
b. Rear Yard Setback Standard. The rear yard setback standard is ten feet.
C. Front and Street -Side Setback Standards. Front and street -side setback standards shall be those
shown on Table 5-1.
2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements
for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements
established in Table 5-1.
4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall
show the zero lot lines and the related easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows,
doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such
a wall abuts permanent open spaces or a public or private right-of-way.
6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement
at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the
exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and
incorporated into each deed transferring title on the property. The wall shall be maintained in its original color
and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of
any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water
runoff from the dwelling placed on the lot is limited to the easement area.
7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with
YMC 15.09.030. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008:
Ord. 2947 § 1 (part), 1986).
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15.09.045 Accessory dwelling units.
A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to:
1. Provide homeowners with an opportunity for extra income, companionship, and security;
2. Better utilize existing infrastructure and community resources (sewer, water, roads, etc.);
3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles;
4. Add to the supply of affordable dwelling units; and
Page 112/294
5. Protect neighborhood character and stability by ensuring that ADUs are compatible with surrounding
land uses.
B. Requirements. An accessory dwelling unit is a permitted Class (3) use, secondary to the primary use of a
detached single-family dwelling, subject to all of the following conditions:
1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached
garage.
The front entrance to the ADU shall not be visible from a right-of-way or access easement.
3. Paved off-street parking shall be provided as required in YMC Chapter 15.06 for both the ADU and the
primary residence, separately, located on the lot they are intended to serve.
4. The ADU's floor area shall be comprised of not more than fifty percent of the floor area of the primary
dwelling unit or eight hundred square feet, whichever is less. For example, a primary detached dwelling unit
two thousand eight hundred square feet in size would be limited to eight hundred square feet. A primary
structure one thousand square feet in size would be limited to five hundred square feet.
5. The ADU's exterior walls shall be designed so as to be similar in style, color, and building materials to
the primary detached dwelling.
6. The ADU shall have the same building setbacks as the primary structure.
A parcel/lot shall contain no more than one single-family residence and one ADU.
8. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a commercial or
industrial structure/use.
ADUs shall only be permitted on parcels/lots one-quarter acre in size or larger.
10. The primary residence and the ADU shall both be connected to public sewer and water.
a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer
and water connection.
b. If the ADU is attached to, or located above, a detached garage, each unit shall have its own sewer
and water connection, with required meters.
11. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership, in a way that
separates the ADU and the primary dwelling unit on different lots.
12. A home occupation may be allowed, subject to YMC 15.04.120, in either the ADU or the primary unit,
but not both.
13. The site plan for the construction or conversion of an ADU shall indicate the ADU.
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14. Any exterior stairs shall be placed in the rear or side yard.
15. A deed restriction, signed by the property owner and the city, shall be recorded with the Yakima County
auditor's office providing notice to potential buyers of the ADU restrictions.
C. Enforcement. The city retains the right with reasonable notice to inspect the ADU for compliance with the
provisions of this section.
D. Elimination. The city retains the right with reasonable notice to withdraw occupancy approval if any of the
requirements under subsection B of this section are violated. In the event the city withdraws occupancy, the property
owner may:
1. If attached, merge the existing ADU to the single-family dwelling; or
2. If detached, use the building for storage only or remove the structure from the premises. (Ord. 2010-16 §
13 (part), 2010).
15.09.050 Performance standards—Emissions.
A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing
emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and
uses, or changes or alterations thereto, being considered under the terms. A reviewing official, including those
engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in
appropriate instances deny proposed developments based on the standards and guidelines set forth in this section, in
order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a
manner inconsistent with the intent of the district and/or incompatible with surrounding uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal
life, vegetation, or property is prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot
lines.
E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines without the aid of
instruments, except for vibration resulting from construction activity.
F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire
hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored
in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 2010-16 § 13 (part), 2010: Ord.
2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.060 Special development standards for service stations and other retail uses selling motor fuel.
A. Purpose. The purpose of this section is to establish special site design standards for new service stations and
other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with
adjoining residential districts and the character of the district in which they are located.
B. Fifty -Foot Setback from Residential Districts Required. Each pump island shall be set back at least fifty feet
from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with
the setback provisions established in Table 5-1.
C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline
shall be used for the storage, display, and sale or leasing of any new or used vehicle. (Ord. 2010-16 § 13 (part),
2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly
15.09.070).
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15.09.070 Special requirements for animal husbandry.
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the
urban area is compatible with adjoining residential uses and the intent and character of the district they are located
in.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one-half
acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot
may be used for a single-family dwelling.
C. Project Review. Animal husbandry operations, which would create noise and odors, attract insects or rodents
or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be
conditioned or denied by the reviewing official in accordance with the provisions of this section.
D. Minimum Setback.
1. No portion of any structure used to house a domesticated farm animal shall be located within one hundred
feet of any residence other than a dwelling on the same lot; and
2. No portion of any structure used to house a domestic farm animal shall be located within ten feet of a
residence where the residence and domestic farm animal structure are located upon the same lot/tax parcel.
E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of
the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary
source of food, except during the winter months. The burden of proving that the pasture can sustain the number of
animals in question shall be on the applicant.
F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. (Ord. 2011-52 § 8, 2011:
Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 43,
1993; Ord. 3106 § 21, 1988. Formerly 15.09.090).
15.09.080 Special requirements for bed and breakfast inns.
Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any reception hall or
meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically
authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning
districts where motels and hotels are Class (1), (2), or (3) uses:
A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business
and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes.
Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with
the character of the neighborhood.
B. Meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations
except as otherwise permitted in this title.
C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home
occupation bed and breakfast.
D. The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area
is screened and found to be compatible with the neighborhood or unless waived by the reviewing official.
E. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the
applicable zoning district, and bearing only the name of the inn and/or operator, shall be permitted.
F. The administrative official may authorize use of the bed and breakfast inn for receptions, group meetings and
special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health
considerations, and compatibility with the surrounding neighborhood.
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G. No more than five lodging or guest rooms shall be allowed for home occupations. (Ord. 2010-16 § 13 (part),
2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 44, 1993. Formerly 15.09.100).
15.09.090 Special requirements for social card rooms.
No social card room shall be permitted within five hundred feet of any public school, private school (meeting the
requirements for private schools under Title 28A RCW), church or park, as measured according to RCW
66.24.010(9), or as the same may be hereafter amended. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part),
2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2002-53 § 4, 2002. Formerly 15.09.190).
15.09.100 Private street review requirements.
Private Roads—General Requirements. Private streets serving three lots, housing units or more may be approved as
an element of a master planned development overlay (YMC Chapter 15.28), a mobile home/manufactured park
(YMC 15.04.150), a condominium or within a binding site plan in conformance with subdivision requirements.
A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of
the appropriate jurisdiction and shall be permanently retained and maintained as a private road.
B. Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC
Chapter 15.09 and shall be specified in a homeowner's association, development agreement or other maintenance
plan.
C. Names for private roads shall be approved by city o c( -,w gty-planning departments.
D. Private roadway signs with street name designations shall be provided by and maintained by the developer or
homeowner's association and shall be located at the intersections of private roads. Such signs shall meet the
specifications set forth by the respective governing body.
E. A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the
public street and the gate and the width of each travel aisle is 24 feet.
F. A private gate shall not obstruct emergency, public service, or utility vehicles access.
G. Private roads and the entire easement or right-of-way width shall be open and available for use by emergency,
public service, and utility vehicles.
H. The face of any plat, short plat, master development plan, binding site plan, or condominium document
containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat,
shall bear the following language:
The City of Yakima has no responsibility to build, improve, maintain or otherwise service any
private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short
plat shall not be opened as a City (or County) street until such time as it is improved to city
(m a ouot) street standards and accepted as part of the City (or (, tttmty ) transportation
system.
I. The placement of utilities shall be coordinated as much as possible with the placement of private roads and
public rights-of-way.
J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be
located outside private access easements and dedicated road rights-of-way unless approved otherwise by the
cityAouun y engineer. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008).
15.09.110 Reasonable accommodations process.
A. Purpose. This chapter has been enacted to authorize the director of community and u,u;ouuout k development or
his designee to waive or vary provisions of the code when necessary to reasonably accommodate the statutory rights
of the disabled under the Americans With Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington
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Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full
exercise and enjoyment of a disabled person's right to the residential housing of his/her choosing. The provisions of
this chapter shall apply to commercial and may apply to some residential activities or zones; provided, that nothing
herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider.
In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted
in accordance with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington
Law Against Discrimination.
B. Reasonable Accommodations.
1. Upon the application of a disabled person or individual or entity providing services to the disabled in a
residential facility or other group living arrangement, the director of community rl,.eaaaa at. development or
his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code,
including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as
necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence.
2. The city's duty to accommodate is an affirmative one, and the director of community a,md ecorionai
development is thereby authorized to provide accommodations in a thoughtful and proactive manner.
3. The following review may, at the director of community and- ,wcuiio i0c development's discretion, include
citizen input into the administrative process. The director of community tind et onoii=ewe.^development shall
provide written notice of the accommodation to the applicant and property owners within l iw R1tr a,Wltundred
feet of the subject site.
4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the
State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the
stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or
mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of
that individual's rights.
C. Waiver of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or
variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially
accomplish the purposes of those titles or which would reduce the fire safety of any structure. Modifications,
waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes
adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective
Washington State Code. The applicant shall have the burden of establishing that the proposed modification, waiver,
or variance accomplishes substantially the same purpose without reduction of fire safety.
D. Accommodations Personal to the Applicant. The accommodation provided shall be personal to the applicant
and shall not run with the land; provided, that a change in a residential structure necessary to accommodate the
operation of a residential care provider to the disabled may be continued by future operations of similar facilities at
the site who established the same use within six months of the date the prior use by the disabled person or residential
care provider ceases. The director of community raaaai cconon6c development may direct that any physical change in
the structure which would otherwise be illegal under the use or bulk requirements of YMC Title 15, Yakima Urban
Area Zoning Ordinance, be brought into compliance six months after the date of sale or transfer of a residential
structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD.
E. Appeal. Interested persons, that are persons located within 11v re( hundred feet of the building site, may
appeal the reasonable accommodation by filing a petition for review with Yakima County superior court within ten
days of the date of mailing of the notice of decision. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009:
Ord. 2008-46 § 1 (part), 2008).
15.09.120 Community garden development standards.
A. Purpose. The purpose of this section is to establish minimal development standards for community gardens
which allow private groups or neighborhoods to use privately or publicly owned lands to establish a garden for the
cultivation of fruits, vegetables, plants, flowers, or herbs that is maintained by the group members who may or may
1"M
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not have ownership in the subject property. These standards are intended to assure that the established community
gardens are compatible with adjoining land uses, the character of the district in which they are located, and will not
otherwise have any unmitigated negative environmental impacts.
B. Review Process. Community gardens shall follow either the Type (1) or Type (2) review processes as
specified by YMC Chapters 15.13 and 15.14, and 15.04 Table 4-1, Permitted Land Uses.
C. Additional Type (1) and (2) Review Submittal Requirements for Community Gardens. Applications for
community gardens shall include, but are not limited to, a "memorandum of understanding (MOU)" or "agreement"
between the city and applicant, which includes the following elements:
IC
1. Right of operating/use agreement, between the property owner and sponsoring organization, which
includes: term of use, location and size of planting area(s), and supporting uses and/or structures. These items
shall be shown on a site plan that meets the requirements of the site plan checklist, specified in YMC Chapter
15.11.
a. The term of the above required right of operating/use agreement shall be a minimum of one year;
however, none of the implementing regulations which govern community gardens shall prevent an
applicant from submitting an agreement with a term that extends beyond this minimum requirement;
Sponsoring organization name, contact information, etc.;
3. Rules established for the prohibition of selling goods and produce grown on site: i.e., produce grown on
site may not be sold;
4. Rules established for the use of herbicides, pesticides, and chemical fertilizers should be contained on
site, and used in accordance with label instructions and generally accepted horticultural practices;
5. Maintenance procedures and regulations established for the control of weeds, garbage, standing water,
odors associated with composting, the identification of how garden waste will be dealt with (on-site
composting or hauled away), and the proposed winterization of the garden;
6. Water/irrigation: indication of method of providing water (i.e., certificate of availability), and indication
of water runoff prevention;
7. Rules established for the use of equipment/tools, sheds (storage of hazardous materials, i.e., fertilizers),
and other structures;
8. Hours of operation which conform to the provisions of YMC 6.04.180(E) in terms of hours of operation,
and intensity of noise.
Required Parking.
1. Total Number of Required Parking Spaces. The total number of required parking spaces for each type of
community garden shall be as follows:
a) Community gardens (accessory to an approved principal use): none.
b) Community gardens (with planting area of one-quarter acre or less): none.
c) Community gardens (with planting area of more than one-quarter acre and up to one-half acre): two
spaces.
d) Community gardens (with planting area of more than one-half acre up to one acre): four spaces..
2. Surfacing. Required parking for community gardens shall consist of an unpaved surface of compacted
gravel. e��e��yy ppOOH�-
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3. Dimensions. The area of each parking space shall be no smaller than nine feet by nineteen feet.
4. Shared Parking. Community gardens may share parking with a nearby use/business in accordance with
YMC 15.06.050.
5. Administrative Adjustment of Parking Authorized. Notwithstanding any contrary provision in Chapter
15.10 YMC, the total number of parking spaces for community gardens may be administratively adjusted under
the provisions of YMC Chapter 15. 10, as the parking standards for community gardens are codified under both
the provisions of YMC Chapters 15.06 and 15.09.
E. Accessory Structures. Accessory structures for community gardens are permitted as an accessory use to a
community garden or as otherwise permitted under the provisions of YMC 15.04.060, and as described below:
a) Community gardens (accessory to an approved principal use):
a. Accessory structures one hundred twenty square feet or less are permitted in accordance with YMC
15.05.020(E)(2).
b) Community gardens (with planting area of one-quarter acre up to one acre):
a. Accessory structures one hundred twenty square feet or less are permitted in accordance with YMC
15.05.020(E)(2); and
b. Accessory structures larger than one hundred twenty square feet are permitted in accordance with
YMC 15.05.020(E)(1) and building permit issuance. (Ord. 2014-030 § 4, 2014).
15.09.200 Adult business.
A. Purpose. All adult business uses shall comply with the requirements of this section. The purpose and intent of
requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and
to maintain compatibility with other land uses and services. In furtherance of this purpose, this section is intended to
regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and
welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods
through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts
and evidence contained in the legislative record.
The standards established in this section shall apply to all adult business uses. Adult business uses are recognized as
having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses
have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of
adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to
the blighting or downgrading of the surrounding neighborhood. It is the intent of this section to allow these uses to
exist in a dispersed manner within specific zoning districts.
The standards established in this section shall not be construed to restrict or prohibit the following activities or
products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific
purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic
or exercise activities; nudity within a hospital, clinic or other similar medical facility for health-related purposes; and
all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America.
B. Special Definitions Specific to This Section. For the purpose of this section, the following words and phrases
shall have the following meanings:
"Administrative official" means the director of the community development department of the city.
2. "Adult arcade/viewing booth" means any booth, cubicle, stall, or compartment that is designed,
constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons
therein. This definition does not apply to a theater, movie house, playhouse, or a room or enclosure or portion
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Yakima Municipal Code
Chapter 15.09 SPECIAL DEVELOPMENT
STANDARDS
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thereof that contains more than six hundred square feet. Those greater than six hundred square feet shall be
considered an adult motion picture theater.
3. "Adult business uses" means any uses on premises to which the adult public, patrons or members are
invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment
or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member,
and specifically includes the list below:
a. Adult commercial establishments;
b. Adult motion picture theaters;
C. Adult arcades/viewing booths;
d. Adult cabarets, dance halls and dance studios.
Also refer to specific prohibited uses identified in subsection E of this section.
4. "Adult cabaret/dance hall" or "dance studio" means a building or portion of a building regularly featuring
dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or
characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for
observation by patrons therein (YMC Chapter 5.30).
5. "Adult commercial establishment" means any premises on or where adult media or sexually oriented toys
or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when
forty percent or more of the establishment's gross public floor area is devoted to adult media or sexually
oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually
oriented toys or novelties do not account for forty percent or more of the establishment's gross public floor area
shall adhere to the standards set forth in subsection (C)(2) of this section.
6. "Adult entertainment" means any exhibition or dance of any type, pantomime, modeling or any other
performance, including motion pictures, which involves the exposure to view of any specified anatomical areas
or involves any specified sexual activities.
7. "Adult media" means magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to
record computer images, or other media that are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified anatomical areas or specified sexual activities.
8. "Adult motion picture theater" means an establishment emphasizing or predominantly showing movies
that exhibit specified sexual activities.
9. "Body studio" means any premises, other than a licensed massage parlor, reducing salon, health spa or
public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like
consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body
or any unclothed portion of the body of another person, or to observe, view or photograph any such activity.
10. Church. See definition in YMC 15.02.020.
11. "City" means the city of Yakima.
12. "Department" means the community development department of the city.
13. "Escort and introductory service" means services provided with the intent to perform prohibited
specified sexual activities, specified sexual exhibitions or other activities prohibited in this section.
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,: �,
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14. "Massage parlor" means a commercial establishment in which massage or other touching of the human
body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the
premises in which such service is provided.
15. "Media" means anything printed or written, or any picture, drawing, photograph, motion picture, film,
videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of
anything that is or may be used as a means of communication. Media includes, but is not limited to, books,
newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped
pictures.
16. Park. See definition in YMC 15.02.020..
17. "Residential zoning district" means the suburban residential (SR); single-family residential (R-1); two-
family residential (R-2); and multifamily residential (R-3) zoning districts as defined in YMC Chapter 15.03.
18. School. See definition in YMC 15.02.020.
19. "Sexually oriented toys or novelties" means instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breasts, or designed or marketed primarily for use to
simulate human genital organs.
20. "Specified anatomical areas" means (1) less than completely and opaquely covered: human genitals,
pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human
male genitals in a discernibly turgid state, even if completely and opaquely covered.
21. "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal or acts of
human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
22. "Specified sexual exhibitions" means any exhibition, performance or dance which is intended to
sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part
of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance
performed for, arranged with or engaged in with fewer than all members of the public on the premises at that
time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance
and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing
or straddle dancing.
C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions:
1. Subject to the provisions of this code and compliance with the development standards of this section,
adult business uses shall be considered permitted uses, in and only in the M -I (light industrial) zoning district.
Adult business uses are prohibited in all other zoning districts.
2. Commercial uses approved for zoning requirements of Chapters 15.04 through 15.08 that sell and/or rent
adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public
floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than
forty percent of gross public floor area of the commercial use shall:
a. Restrict persons under the age of eighteen from purchasing and/or renting the adult items; and
b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people
under the age of eighteen, or behind a counter.
D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under
this section:
1111)
C
INDEX
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Chapter 15.09 SPECIAL DEVELOPMENT
STANDARDS
Adult business uses shall adhere to the following standards:
a. Separation Standards.
1. The parcel that contains the adult business use, and the signs relating to the use, shall not be
located within eight hundred feet of any of the following preexisting uses or previously established
districts:
a. The outside boundary of any parcel that contains a public school, private school or day care
facility;
b. The outside boundary of any parcel that contains a church or other house of worship;
C. The outside boundary of an existing public park;
d. The outside boundary of any parcel that contains a public library;
e. A residential zoning district; and
f. The boundary of any city adjacent to the City of Yakima.
2. The parcel that contains an adult entertainment use shall not be located within one thousand five
hundred feet of a parcel supporting a similar adult entertainment use as defined in this section, whether
such similar use is located within or outside the city limits.
The general site -screening requirements of YMC Chapter 15.07 shall apply.
4. The separation requirements stated in subsections (D)(1)(a)(1)(a) through (e) and (D)(1)(a)(2) of
this section shall be measured by extending a straight line from the nearest point on the property line of
the parcel containing the proposed adult entertainment use to the nearest point on the property line of
the parcel containing the other adult entertainment use, school, day care, church, public park, or public
library.
b. Licensing. All adult business uses, with the exception of adult commercial establishments, shall be
subject to the licensing requirements of YMC Chapter 5.30.
C. Hours of Operation. Any adult business use, as defined in this section, shall not conduct or operate
any business or commercial function on or around their premises between the hours of two a.m. and ten
a.m. of the same day.
d. Signage. Signage of adult business uses, as defined in this section, shall comply with the provisions
of YMC Chapter 15.08, Signs, together with the following specific conditions:
1. Each adult business use shall be allowed one on -premises sign which shall be limited to
displaying the name of the establishment, the street address, the days and hours of operation,
restrictions on the age of persons that may be admitted to the building and the nonspecific
identification of the nature of the stock -in -trade or entertainment offered therein (e.g., "adult toys,"
"adult books"). Nowhere on the signage or on the building visible to outside passersby shall appear
any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or
which represent the sexually oriented material and/or performances of the adult entertainment use.
2. In accordance with YMC 5.30.040(C), adult entertainment establishments shall conspicuously
post a readable sign at or near each public entrance which clearly states, and is printed in letters at least
one inch tall, and reads:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF
YAKIMA. ENTERTAINERS ARE:
P
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Yakima Municipal Code
Chapter 15.09 SPECIAL DEVELOPMENT
STANDAKDS
A. N ' T PERMI'. l "I ED "l O ENGAGE IN ANY TYPIC OF SEXUAL CONDUCT;
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE;
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR
PERFORMANCE;
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE
PERFORMING UPON ANY STAGE AREA.
Page 122/294
This sign shall not, for purposes of administration of this section, limit the allowed use from having
one on -premises sign as indicated in subsection (D)(1)(d) of this section. Adult commercial
establishments do not need to comply with this standard.
e. Parking. The parking standards in YMC Chapter 15.06 shall apply to all off-street parking for uses
under this section.
f. Design Standards. Adult business uses shall conform to the following design standards:
1. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a
neutral coloring and design scheme, similar to surrounding commercial facilities.
2. All windows, entries, and other openings shall be screened and/or covered in such a way that no
business activity associated with adult entertainment uses, other than approved outside signage, shall
otherwise be visible from any public right-of-way or other public space.
E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to subsection
(13)(3) of this section are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and
introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the
definition of "adult business uses."
F. Nonconforming Uses. Any adult business use or specified sexual activity/exhibition legally in operation on the
effective date of the ordinance codified in this section shall be permitted to continue; provided, that all adult
business development standards set forth in this section, with the exception of the separation standards from
subsection D of this section, are complied with. Any adult business use preexisting upon the effective date of the
ordinance codified in this section meeting all development standards, except said separation standards, shall not be
considered nonconforming and shall be allowed to remain as a legally established business. The existing business
which operates twenty-four hours per day shall be allowed to continue; provided, that any application for expansion,
addition or relocation, after the effective date of the ordinance codified in this section, shall be subject to the review
requirements of this section. A protected use specified in subsection (D)(1)(a)(1)(a) through (e) of this section shall
not benefit from the separation requirements of this section if the protected use chooses to locate within five hundred
feet of a lawfully located and licensed adult business use after the effective date of the ordinance codified in this
section. An adult business facility is lawfully located if it has located within the city in accordance with the
requirements of this section.
G. Application—Review—Appeal. The review and appeal procedures set forth below shall be the applicable
review and appeal procedures for adult business uses:
1. Development Permit Application. Applications for permits for adult business uses shall be made in
writing to the administrative official on forms supplied by the department. A general site plan conforming to
the provisions of YMC 15.11.440A 3V" shall accompany the application. The administrative official may request
any other information necessary to clarify the application or determine compliance with, and provide for the
enforcement of, this title.
3,
GA n
ND X
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STANDARDS
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2. Review Procedures. The administrative official shall review all adult business uses for compliance with
this title. The administrative official shall notify the applicant of the approval or denial of the application,
request additional information, or forward the application to the department for review.
Approval. The administrative official shall issue a development permit when it has been determined that:
a. The proposed use is a permitted use under this section;
b. The proposed development complies with the standards and provisions of this title;
C. The proposed development complies with other building and development codes in effect and
administered by the administrative official;
d. Proposed development complies with traffic engineering standards and policies established by the
appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector
streets; and
Any new improvements or expansions of a structure comply with the standards of this title.
The administrative official may issue a development permit subject to specific conditions in mitigation of
environmental impacts and control of hazardous materials, and requiring compliance with development
standards.
4. Denial—Conditional Approval. When an application is denied, or when an application is approved with
conditions, the administrative official shall state the specific reasons and shall cite the specific chapters and
sections of this title upon which denial or conditional approval is based. The administrative official may also
refer the applicant to the department to determine if relief from such denial or conditional approval is available
through other application.
5. Appeals. Any decision by the administrative official to deny issuance of a permit for an adult business
use, or the imposition of conditions in issuance of a permit for an adult business use, may be appealed to the
hearing examiner under the provisions of YMC 15.16.030.
H. Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or
circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the
validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 2012-57
§ 2 (Exh. A), 2012: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009).
15.09.210 Special requirements for retaining walls.
Retaining walls may be made of any material commonly used for this purpose, such as block, timber, stone or
concrete, except that the following materials are prohibited:
Materials not manufactured for, or customarily used on, retaining walls.
Ecology blocks of any style or design. (Ord. 2013-045 § 2, 2013).
D®C.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2019rr .
Yakima Municipal Code Page 124/294
Chapter 15.10 CONDITIONS OF
APPROVAL/ADMINISTRATIVE ADJUSTMENT OF
STANDARDS
Chapter 15.10
CONDITIONS OF APPROVAL/ADMINISTRATIVE ADJUSTMENT OF STANDARDS
Sections:
15.10.010 Purpose.
15.10.020 Administrative adjustment of some development standards authorized.
15 1101,10310 _14gyy cw laraaaaeduares,
15.10.0 30 n n tot n Special conditions of approval authorized.
15.10.044) 04i'Q ,authority to impose special conditions limited in Type (1) review and administrative
modification review.
15.10.010 Purpose.
The purpose of this chapter is to specify and outline the authority of the administrative official to impose special
conditions of approval on any permit or approval issued under the provisions of this title and to establish the
authority of the administrative official to administratively adjust some of the development standards set forth in
YMC 15.05.060 and YMC Chapters 15.05 through 15.08. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 7, 2001:
Ord. 2947 § 1 (part), 1986).
15.10.020 Administrative adjustment of some development standards authorized.
The purpose of this section is to provide flexibility by allowing certain development standards in YMC Chapters
15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified, so long as
the administrative official determines that the adjustment and/or reduction is consistent with the intent and purpose
of the standards, and will accomplish one or more of the following objectives:
A. Allow buildings to be sited in a manner which maximizes solar access;
B. Allow zero lot line or common wall construction in conformance with the provisions;
C. Coordinate development with adjacent land uses and the physical features;
D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum
adjustment necessary to accommodate the proposed structure or site improvement; or
E. Allow development consistent with a specific subarea plan adopted by the appropriate jurisdiction.
Administrative adjustments of development standards shall be processed under the provisions for modifications as
for aH Class (1) and Class (2) uses which gn
and under Type (3) review for Class (3) uses.
The administrative official shall not have the authority to reduce the site design requirements for minimum lot size,
building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5-2, or YMC 15.05.060. (Ord.
2011-12 § 6, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 95-13 § 7, 1995; Ord. 3106 § 22, 1988: Ord. 3019 § 39,
1987: Ord. 2947 § 1 (part), 1986).
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®'C.
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Yakima Municipal Code
Chapter 15.10 CONDITIONS OF
APPROVAL/ADMINISTRATIVE ADJUSTMENT OF
STANDARDS
Page 125/294
b. ,., o the extent lctro%Mah �'uy„ilr c,udyIt, rl `tif.,utl,h r,u,,s,oi I.1cPCaJ, slaltc,,;,.pii,
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13 Rc. ,'.Jucst fibr add,ition(IJ info n'I""a,g.,m;oit The Mllcial may, r(.,(used an additional u���;'onn tion.
r1ctccs aak..vwto chapr?f4. Rhwc.,<applicalion ,o filet,ci°niI'lc:_rcontat'ihiartce a�uir,;hi uh pi'aswisions crl"lhiS titla in �u�cordance.
[h )°,Nil a Ntr.ft�j .bill ,frrcNrintnlihc_ p ralipRru,�_nlia'rra, jf"the city delawrmirues an <apprhrcialion is_aiirl coMl`whciethe
t;i,(y sir Pl 'awllriw t.hchricuc clraaa u, al Iw1C16 04 )' Qt ithin f6urteen d(ly �apgkawvwau���rcd t,wp�l trG'hhac,
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lca ghi 's' f' ftr fD�B4O 0,_ o•uui.c,ssuui,� ., t.,ir: rr"°rv�,,.�wcrans aa.. y"Mf,
C. NoWicadon,„a�tlm �iwk.roc, r h gra p sa�hY�t �vii+�u,s� ugxica, ail'apIflicatiour,shall be,leu°p%Jc9�,c9 9,u,a �aiI,dup„�lwe�s;i�� .
c c "rop ;ai itu +, i atiitiicl pec'so ns, ,repel' l mai d°;h au w r c w s within three hundred ft,et of the exterior acro bo...undarie”o
the,devek) rriapt site. The notice oi'apphcat"ion will follow the notice requirements of Vakipuvia ii!lruul!Ac;ipTull_
Code Chapter 16 ,05 airop„ Tra � either ..a rostc;rd. uoim”rTt o • lc,ttco Surc.
The cil.l.Vc;,w<d,,.iuuwry, n`ahaadi, �is,at ins laaet rccgcirn"T 4l lir, ; olicni eoltl;11P1ent's,�llBwC1 aq7 0.uahbl°V"a��d 1 �,b�q 4�7y
p ubhrc ri;gggcc , the acluiiiliistasitiac, official Peck upii b a ftgc,te I hry tflaqpxhiip°asiij.
Y orri other adern6cs, juirisdf ctions., or
D. Administrator's Decision, After_�orusrc considering any coi�nrrm�pits received �...
gcijgirnnrng property owners, the administrative official shall issue a notice oB decision foo- the applocarnfs.
administrative ad'iustrnnernt a mlicatiorn and site rilan in accordance with YMC C.h. 16.07..
h
Conditional Auiu�c,pvil. ;II'c ualiitaylrptiy,e cffcii�na;y,ytl�ai cc,ichtrap�s to iis..ia_ic"au riawr.ri aucct.
ttl
., 11u — Irutturnt r-,' I us tallcI .rGuci �ai"p,aag dasli,ra,l„ awgtui..�rly.wA faipan a°rat.
yxgtta*a—�lt�,'",lea wc,lgat;l,fuucr�t aka"cuin,bsislprrwl wrth�p
,� raa. wig s,..aia¢ tic, Bit rcir airavisiarrns o t urs title.„
l t-pdiiips,iipld t.°o ela.,isions l hoc iidmin istraadve oniciral sh,alll prey;roan written findings and eonc;.u.;tqsrons„ >tathig.
tlicrospecif e reasons, and c;itirng the specific chapters and...sections of this title, aupon which the iaciourunist;r•ative
official's decision to approve, approve with conditions or deriy.the zoning decision is based. The findirigs
shall demonstrate that the administrative official's dec,nsi o n corn fics with the ppi8rcies pf"the Yakirna urban
area „irt,e.'nt of the Nor ng 0iatrigt, arid te prowisiors and standards est Nished
hereil'n"
15.10.03010.1
'4". Special conditions of approval authorized.
A. The development standards and other conditions for approval specified in this title are not a limitation on the
authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use,
development, or modification being reviewed. Except as otherwise expressly provided, any reviewing official may
impose conditions to:
Accomplish the objective and intent of any development standards or criteria for approval set forth in this
title;
2. Mitigate any identified specific or general negative impacts of the development, whether environmental
or otherwise;
Ensure compatibility of the development with existing neighboring land uses;
4. Assure consistency with the intent and character of the zoning district involved; or
5. Achieve and further the expressed intent, goals, objectives, and policies of the Yakima urban area
comprehensive plan and this title.
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Chapter 15.10 CONDITIONS OF
APPROVAL/ADMINISTRATIVE ADJUSTMENT OF
STANDARDS
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B. It is the intent of this title to grant broad authority to impose special conditions to achieve and further the
objectives listed above. Such authority shall extend, but not be limited, to the following:
Increasing the minimum development standards of this title;
2. Limiting and controlling the dimensions, number, shape, and location of structures, including fences,
signs, and buildings;
3. Regulating the number and location of vehicular access points;
4. Requiring the dedication of additional rights-of-way for public streets;
5. Requiring the dedication of public use easements and the recording of the same;
6. Regulating the design, manner, and timing of construction of any site improvements;
7. Regulating the hours of operation of any commercial or industrial use;
8. Providing for the maintenance or retention of any regulated site inrprovement;
9. Requiring and designating the location and size of open space; and
10. Reclamation of any site after discontinuance of use or expiration or revocation of a permit. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.10.04110 0' Authority to impose special conditions limited in Type (1) review and administrative
modification review.
Unless specifically granted in some other provision of this title, the authority of the administrative official to impose
special conditions of approval during a Type (1) review or an administrative modification (YMC Chapter 15.17) is
limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed
development standard, or criteria of approval, in this title. This provision shall not prevent the administrative official
from denying or conditioning approval of any permit under this title based on the application of.
A. The State Environmental Policy Act (SEPA); or
B. Traffic engineering standards and policies established by the appropriate jurisdiction to protect the function
and satisfactory level of service of arterial and collector streets. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 40,
1987: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDEX
���,AW,
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Chapter 15.11
GENERAL APPLICATION REQUIREMENTS
Sections:
15.11.010
Purpose.
15.11.020
Application
requirements.
d.
GiAtifM
15.11.040
030
General site plan form and contents.
15.11.050
040 1
Detailed site plan form and contents.
15.11.060
050
Preapplication conference.
15.11.0 gall
060
Filing an application.
15.11.080
070
Processing applications.
15.11.090 -
C1 alm
, Notice requirements.
15.11.9 00
6��Y4D
Fee schedule and administration.
15.1 IJ 911
WO
Master applications.
Page 127/294
15.11.010 Purpose.
The purpose of this chapter is to specify the general procedures to be followed when processing applications.
Additional procedures for particular types of development review are contained in specific sections of this title.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.020 Application requirements.
All applications shall comply with the following requirements:
A. Applications shall be in writing on forms provided by the department, or, �b Class (1) uses, by the,
aufjmwlistraaal:iivc aad icW;
B. A}agahcatarans infimnwiori required by fable 14-1 1,"wAppficatia"ara.9��at�as�a� a�� mbaatim�ll,�ad°tli�.
subinaalewl,,l�aaal,la�amlddap,m�,a au,lua}a ^lNfll be Wilipt d iii ieuts eryuietw stain con in 811 mlrradves.,.,-)Je aegatal narratives,
sit l lulaans. til„ ofl, a 1,°;ell�uuia' a�„ llaua^,0aal � rai ,,17 l c a, ,ia l l ady lla ukeuf pul, allplfaa �llaarr.v . For Type (1), iivu (2) or -(4
reviews
, -
reviews for developed sites for which there is limited proposed change, the application shall include a general site
p k J laal 1orrn in conformance with YMC_15.11.ity���U3t ; provided, the administrative official at their
plan rn ur int aad r(1 �'..
discretion may require additional information to clarify the application or determine compliance with the provisions
of this title. For Type (3) review, the application shall include a detailed site plan in conformance with YMC
15.11 td5it(WO;
C. All applications, including a Type (1) review, shall be signed by the property owner or his agent authorized in
writing to do so;
D. Applications shall be accompanied by the appropriate fee as established by ordinance;
E. An application is not complete unless it includes all required information, attachments and fees. No
application shall be considered officially filed until accepted as complete by the department; and
F. Applications for Type (2) and (3) reviews shall include a minimum eleven -inch by seventeen -inch
reproducible copy of the site plan JP gyp i¢>aa_uar tjioit_11a] 1161 area it"a9re aa�a °oxaral r'sa � ltlaaa as 9ara°1„er alaaart aulot uaalaar.laa,rymy,
seventeen inelws'; aa-wnini aar:aan oft n a.'v1d4 im-lid copi,s nand-�aaa edevell- haat- SeVeaaweaa-hwli t.aalan1"tlaaa tu�pbrutt�
sfiaH be required. In the event of expanded review, additional copies may be required at the applicant's expense. Site
plans shall be developed in accordance with YMC 15.11.11dIG1030 or 15.11.0 0040, as applicable. (Ord. 2008-46 § 1
(part), 2008: Ord. 93-81 § 45, 1993: Ord. 3245 § 2, 1990: Ord. 2947 § 1 (part), 1986).
INDEXC.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Page 128/294
� „�� 1-; ll,tl�.... � �.. I ���i�l���..t�-•a� l�l'��x��t �a���r��•��t� �� �������m 1„-
.............. m .......... ........................... -- ..............
.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code Page 129/294
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Table 1-1. Nol-ce Reaeare ents
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Notice of Am ligation
Notice of Hearine Examiner or
Notice of
Cit Council Hearin
Yakima Planning Commission
Recommendation
Public Heari -/Dedisionl
Tw 1) Review
� (Not eauired;
R ---U
Nor ecisao
o���� �d:
giant
j
Tv ;21 R e v
A o:ican
-Notice o Decls'
=mut Reqlijt d
ftor' owners, %k � , _ 0 f00t
1,a�ie, a® cies ��ho -ece* {edthe
t .
rad-., ,
R
o' Danica
CiEv, In-hosl- Distribution List
Any add4ional pa Pies of record
yge R
- Apps ca
far d s rflor to kee -n-M
{? ?cg .- c ei :on im.ai]. days aid P
''_-_o ired)
Part. es o Record
- policant
tis render �
Pryowne,-S within Ftit root
_Danleslasencles who received
l eddmail Eo aDDfic nt
a'€z
' -Application
l
- Regula: ai paw es and
Cly In-house ' t, ibw°o Li �
Any a dit o o $m es of record
a.endt s who received the Not c-,
a s �r � t€
ae -
om , hica ,_
noticeOf
"earin Exam,'ner or =_ a
d a ,es of r cord
lanninL Corwion
L .! Iub ish legal ad in the ne p r
Aoeals
NoriceiAppeal of Irl
_ date
e o_ =c _nom ti,t
r;r, st -1r e s
I , 3 1` 'sign & P bi arit
O
s -tea_ ad and
:fes x
� PD ,
®t e �,d mil t�� p-11..��I
p
send noficeW 'he
: € a o de 'sots is being,
� ire=�$ � t �iI io � � � aid
t ,_o w i ge
a r led
agencies who ; lvd the Notice
ppe a
tcsltiec cies who received the
o polrcafl n
Of-ficia, whose
\C—\ice el n- 'Castor
j
r ,
n i lctr=stt
decision
o
ed
lez-an aaIt r eaui =erd
_ ' = ng Exam-1--ner
Pan:es and
--€xl iae Hear
'.
the
N o i_ 0 a
he official %A h se ectsior is 0eing
_
-
d i W1
Sappealed
n d t-iori ai
Parties and aulenmes who receive
p ryes Of record
he Nonceo""An-olicalion.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Ce'-'. T o"r
Planned
Develomnent
Comprehensive
Plan Amendment
Right -of -Way
X Icafton
S, I-
bore -fine
Subdivisions
Sec Y C 529,040 l ab'-- 29_
nDlicant
s Pro e-ry owners within 30 0 ,00.
as 13°=
-'Wv ln4,louse ' istribhunion Lis;
19 -asuar
2 Ties"' .
konflc
apt
mnerEv owners within')v Wi
rachus
ky In house DisTr bu on is s
See, v M(—' C -'h. ' -
Seg ° C- 3539
See 1 MC CIL .88
See v tae l4 and RC_}'_ " 8.
at least 20 d V's vrior to- liearL-1-��._)
Parr t o ci who received th
Agy additional varfies of record
1 � Jng E.��.�" ifter o I aki
Pu 1.-['t lgggj aLirL ffi i ws r
°at least 20 dads prior helie -inn",
Parl.es it mile°s who rec l-ved the
Notice, 0 f An R ,icW,i_-a
iy additional r hies of record
local 'leda
H
e aads r y alk1 a
P Lath imi.or
Publish leaal ad in
Page 130/294
ot'ce om Recommendation
Reaular mail io applicant and
para es ,'recora
ori„ e o_ D a 0=t
ordinance if a -roved of £Coun,:Ws
find nes H -denied
Notice o Recomm a on
;Re-_ alar mail toficin d
Panics Z r
Aw` reca 6_-s c Feder 111"th
ord- mance if approved or unci-
findings if denied,
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
C ry Werk will Pub -,'=s
lei ad and wild
notice o il. ze
following;
. o re . ed .-
% a
o e ,E
a�i=a M€3ve�
a' Cd! nal
nanues of record
.tv Clerk will publish
sm in ._._
newspan,er and send
noflee t the
ppH a s`
re .h-
-*_ additional
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Page 131/294
Reor-A'Alkl —5,0 1–M-60- ol fl-
A�JILW�Uof NtWdT VHTV-
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015,
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
>1'awlde I I- Ik AhlwkkHkiolliu ltequ iiirwlculdvots—
Page 132/294
(l yda-2008.46 k 1 Q'i art).:200-CWwJ.-294§ 1 46mbek° )9 1996).
15.11.040030 General site plan form and contents.
A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn a b,ri'prepared:, or
r)rinwd on p�ape _-p--a, ra°lel°� r�lu� �p�1 ,isr ld�l� g�,t�� Unless otherwise requested or authorized by the
administrative official, the paper size for Type (1) review shall be eight and one-half inches by eleven inches and,
for Type (2) review, eleven inches by seventeen inches. The scale of the drawing shall be a standard engineering
scale and shall reasonably utilize the pauper'^, gigd4iwsize.
B. General Site Plan Contents. The general site plan shall include the legal description of the land; north arrow
and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon;
the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed
structures and uses; the size and location of utilities, parking circulation plan, proposed landscaping and
sitescreening; and the location of ingress and egress. The site plan shall also include any other information required
by the department or administrative official to clarify the proposal, assess its impacts, or determine compliance with
this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.000'040 Detailed site plan form and contents.
A. Detailed
p � legibly sled Site Plan Form. All detailed site plans shall be tilr�.rvrn ltir �lr;��rtipd, str�i�i-i��t le tbl drawn 1o, sr�a,Re,, a>rutii ;baF...
uAplpa d� pr )pig;ita,q pa��.dr�p �r�op a� a9r rau; pay uurt�ed on 1-mp�er. Unless otherwise requested or
authorized by the department, the paper size shall be eleven inches by seventeen inches or larger. The scale of the
drawing shall be a standard engineering scale and shall reasonably utilize the papex's ar,,,d,ia' s size. Where necessary,
the plan may be on several sheets accompanied by an index sheet showing the entire site.
B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable:
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
0010.
INDEX
11,n.d7Flll 4 A p pliivailitlDvs fi"
lyfie IY111u" IIIyff,
ltw Reqmulrd
hW- l
laauulmdlay
-
)1) w'
ltI
Review III Review A rZifica"mill Vi iialuuud, 1 e"wfle
14'aB4.w, a 4upM1p!fess,pli[o1Y[e nitu H"tkii1
9
11~»
hp:
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qua:
Or.
n
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I H
R
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R
ll
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R
14
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ila# idaV"glw A Mihir 00e
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�rlRl Vh d@fl Vir tika=(UI iYMu; AN M„1tl?34�O1 r}T4i.dv,•..0'4?`vf Ft(„C dk4p'dtiv k4BG -
M-
R
4"lsmn R Ails
ti3OI06i"l phVr,p7Q, R,&Bawl v'A4ngXd' a4y1ptuiiiied (YIN ,
R
a "".4ts Jb.ld:1Y
(l yda-2008.46 k 1 Q'i art).:200-CWwJ.-294§ 1 46mbek° )9 1996).
15.11.040030 General site plan form and contents.
A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn a b,ri'prepared:, or
r)rinwd on p�ape _-p--a, ra°lel°� r�lu� �p�1 ,isr ld�l� g�,t�� Unless otherwise requested or authorized by the
administrative official, the paper size for Type (1) review shall be eight and one-half inches by eleven inches and,
for Type (2) review, eleven inches by seventeen inches. The scale of the drawing shall be a standard engineering
scale and shall reasonably utilize the pauper'^, gigd4iwsize.
B. General Site Plan Contents. The general site plan shall include the legal description of the land; north arrow
and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon;
the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed
structures and uses; the size and location of utilities, parking circulation plan, proposed landscaping and
sitescreening; and the location of ingress and egress. The site plan shall also include any other information required
by the department or administrative official to clarify the proposal, assess its impacts, or determine compliance with
this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.000'040 Detailed site plan form and contents.
A. Detailed
p � legibly sled Site Plan Form. All detailed site plans shall be tilr�.rvrn ltir �lr;��rtipd, str�i�i-i��t le tbl drawn 1o, sr�a,Re,, a>rutii ;baF...
uAplpa d� pr )pig;ita,q pa��.dr�p �r�op a� a9r rau; pay uurt�ed on 1-mp�er. Unless otherwise requested or
authorized by the department, the paper size shall be eleven inches by seventeen inches or larger. The scale of the
drawing shall be a standard engineering scale and shall reasonably utilize the papex's ar,,,d,ia' s size. Where necessary,
the plan may be on several sheets accompanied by an index sheet showing the entire site.
B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable:
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
0010.
INDEX
Yakima Municipal Code Page 133/294
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
1. The boundaries of the site;
2. Names and dimensions of all existing streets bounding or touching the site;
3. The location, shape, size, height, and types of all existing and proposed structures and the boundary lines
of all proposed and existing lots, tracts, and easements;
4. Proposed location and dimension of "common open space";
5. Existing and proposed utilities, streets, access easements, and dedication of property;
6. Location, dimension, and design of off-street parking facilities, showing points of ingress to and egress
from the site;
7. All major physiographic features, such as railroads, drainage canals, and shorelines, on or abutting the
site;
8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and
drainage plans;
9. Proposed land uses and densities;
10. Pedestrian and vehicular circulation patterns;
11. Existing and proposed landscaping and sitescreening;
12. Existing sewer lines, water mains, and other underground facilities within and adjacent to the
development;
13. Proposed sewer or other waste disposal facilities, water mains and other underground utilities;
14. The location of structures on the adjoining lots;
15. A comprehensive sign plan meeting the requirements of YMC 15.08.170(A);
16. Analysis of soil and geological conditions; and
17. Any other information specified by the administrative official, such as:
a. Proposed ownership pattern;
b. Operation and maintenance proposals (i.e., homeowner's association, condominium, co-op or other);
C. Solid waste disposal facilities;
d. Lighting;
e. Water supply;
f. Public transportation;
g. Community facilities;
h. General timetable of development;
i. Floodproofing or other measures to protect against flooding; and
j. Information on design methods to conserve energy.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015, INDEX
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Page 134/294
C. A detailed site plan for development in the floodplain overlay shall also include the following information:
1. Elevation in relation to the one -hundred -year flood level of the lowest floor (including basement) of all
structures;
Elevation in relation to mean sea level of any structure that has been floodproofed;
3. Certification by a registered professional engineer or architect that established floodproofing standards
have been met: and
4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed
development. I ;;auud
5. Aray plh ri.: site p )aua a ect u(rknnents idenlifiod in VMC Chl 5,27,.1";au t V(np,wa°.(Ord. 2008-46 § 1 (part), 2008:
Ord. 2947 § 1 (part), 1986).
15.11.0600 50 Preapplication conference.
Prior to submitting an application, the applicant may arrange a conference with the department to review the
proposed action, to become familiar with the policies, plans and development requirements of the Yakima urban
growth area and to coordinate all necessary permits and procedures. Preapplication conferences are mandatory for
all institutional overlay and master planned development applications. Any information or opinions expressed by the
department staff shall not be binding on the administrative official or constitute approval of the project. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.070tD1I 60 Filing an application.
All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this
title shall be filed with the departmentq e-vc q tluaa aapaphlcataaaats uses o—modifications to apap;" mved-
t hiss (1) uses sh ahl be inade directly to the a adyydnistratpve ol`ib6all.. Any required site plans shall accompany the
application. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.11.0190.0..,; O� Processing applications.
Upon receipt of an application or upon referral of an application by the administrative official, the department shall
proceed as follows:
, A, The application shall be reviewed for completeness wwyatpa%ue lw��evig ��H F�� �aay�� tiultt p„1�aa p� tAr� � al
a'ppJl0aya6011uuptecord"pnce, withh yM('➢6.iWl?lt.l,,Ifadditional information is required, the application shall be
referred back to the applicantJn,wrcem-daft p "J[h "t l�, C h6 01'020; _! l Ahac apaproh catr�, n is nurr�omp� t ta„ t(nu.^..
app ?caa,aua,Yev('aanpG hap pia°Qt,p�tia t�,svutfln aul pa, pr(aa9u�at(rag� (.p(�a hal is in0ca ssAlnrytua nnuaiwn ppp pap laluc�p,d grin aaa�a pa ,dru
cu�va.ao d ani u, Wit 1:1 "n'I"wli. , t 6_0111,,ll 30 , � ppupo accepted as complete, the department shall begin processing the
application in accordance with this chapter, ;npnd Tilpe l6 A (plp,uanuun^,tr,�l,tion wo f h'seveIop lilLoa4w(a,�d„�u.i9dut�t�my�;
13. .. ? ila ("losnupa In the overt th"'I tpue pappjI cm�t,la'ajjpuey...uaa�uA a, ��M.ac not parpvru,le the C,iiy of alldlo,p ll1aaaaabat .
f`a vki,onkN,,ithi,n 30 days c firr,pudh L aa(`plraW patl,w r uau"ia„p,;aa uupuha.G:aa aup 0lup,Aatuarou , ,p,uppa h tNp a la phap a9 tiiafpaypiptiurup or
u_awaaptL�p uatursp ag�_aiwp0,aur:e wuaa u..._�. P 9 p avull 1pat�p_�aGr uapatal, tlaa,, l a�auahang.p)rvuspapn
m
c,idr4,, w a aa;uw t �a ns c auu spvc9mspu�trrTuau�ataa.uo,,
shall send a letter of°.I'd (,la�<pme to theaap pjlc;�apt I ltv la [�a n prl l,ph . Oo�su rc shahl be selfl ftp (,(pa ppta�l"?�J.t�. gaayl�er
el°rearpu0 auaQaph2h,cqrnt oaQhaturn that, ``tbm l_&aade`, ,uuaNt.n.vit)', an -d any-Lurtl4° n,aGQa4G'p Q
lrl ahaa at
(puv; a.. wluQ,"--nma vvuhll rpyQiupnu-n� raps„pu- I'll 111— aa�°t.h�, �npapnha,aral -111dnp�(epraynnu” ub(,t” a�ls,,lllcuapahc 0f6 phcation bon lhc,,." ln'p._
ddd4wun, any applicationlication vva� os unp0lusa(aa
,�i4lana� a ivis��aa-- ..
t,a)urcSM.qaalenC fl'orrr the apapN taint, avhJ h prg vndt,s,t c pr,tpuire(l Wntorunatiop) for° more than 90 daavpp shall G��t�._.
m 1
apca,pivep u�an h and , vurnt; �auac ,s,���al nraat®ka a uuupe usstniuAce_ual'a 101Qau- and Vul4, a;larrsuui°n',.
tt. If more than one permit, approval, or action under this title is required, the department shall refer the
application back to the applicant for consideration of a master application under YMC q 5,1 N I V 0§
^(...
t161.103.0 1.103.0 h 0(13) or withdrawal of the application. If no response is received within seven days, the department
shall determine the order of processing and forward the application to the appropriate administrative official;
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. �.
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Page 135/294
D C1. A complete application shall be reviewed by the department and, if State Environmental Policy Act
(SEPA) review is required, a(Acinrcd to the,de'siggnafed official 1brJ,'[`1VA reviov under the
provisions of WAC Chapter 197-11, 1 he �c� pern 4s shaH be inteurated and shall be [yo d
- _projL -1 - . -, ,- , I - _. I'll, I _11111-1_1
C , 11 .1 -es ol'YMC Tide [ 6 No action,approvai (m penni-t -sN,"M be issut"d -cH1 OMOKIV11011y')S 041"1 the p
prn
dle [H'0l)OSd WITCA Sk,P-',1\
11 l?. Thedeparbnent shall be reslionsible for prov�dingapprop,ri le,pq�,,jjc notlice loin ad kind use aj,- p,ti rations and
heariii ga„,wblich confornis to the statute or ordinancegovernrn it e.appjicaflon a �,djed in YNIC CfiJ6,t)'ro`
� 5�_ I', __ ....... ... ....
C0R1f,')k2tkH1 of -app l icilt
TfW
review,
assig
pi-ing a dateand assurin't",
14w date and-no0ce� s, ha, Hc(m,66 m i- to -1 Ile statitte-or,
the apphcaiiion,�
F1'1'11.11_(4.____--1 Jl3on-ftnal officiall-or fegkktlive body shall,iransin,it its4ini.fing-s-
and
IJ P�m, ��t it) 1,� o a � I r u � red com f i ien periods and S F PA, rey j,qw, ror perm i t apj,,jU rCalj on s:
l3tj)lic Hearing- The Cit ol'Yakinia Adminktrative and Sl- Respow-dWe
y - - - -----
Offl6al(s,) shaH concurrently issue their SEPA. cletelillinati TO notice of decklion on the undertying
.......................
Viand aunt, ,app jication in accord.ance with YMC 16.07.010 .,040.
In Hearin&Re_quired: The City of Yakirna. Administrative anS
d HPA. RWqpr�ibie,0ffi6a1(s,) shall issue
. . . . . . ........................... .
their SEPA determination at. least 20 days Prior to the open rec,o1d, heaJn,g_ffMQ, 1aye 06.050), and the
recon,nnendation on the under, ing hind use appkation shall be p�Qyided to the hearing.examiner,
mailed '11, tl to the
-, 9_1__ __ , .. ..... ....
r) kih lJ4-lagan nQPI,
J l+ If the decision of the administrative official or legislative body is for approval, not appea0ed,_ and if all
other permits, approvals, or actions required under this title have been secured, the ,jj1pjjq1nt's decisjon and
�Jnal a P!,,Qyv�j sk J�q,,dcpartrncnt shall ksuc serve as�a 111C -This
1tku'1Vv--0f" al I actual devel0l)"N!"I
pe rot' t, -Tli(,�- ev t t i f1wwo o ll, /4,"a n i ap, tv V ie,% is, o fficial indication of compliance with this title only, and shall not
relieve any person from requirements of other laws or ordinances; nor shall it authorize the department to
issue a development permit without compliance with other duties or review required by administrative official
by law. (Ord. 2008-46 § I (part), 2008: Ord. 3019 § 41, 1987: Ord. 2947 § I (part), 1986).
15.11.000 ' 80 Notice requirements.
A. T'able 1,1-2 pef'"IfUls" �IAPJH`OVIAK, oractions listed: in Fable, I 1-4Notice
Requirements shall be decided after based uipon compliance with the notice requirements set forth thercin;1'ablle. f dl
2, the
provisions of this title dealing with th c -particular types of permits, approvals, or other actions and shall N also be
R)Howcdt ' " a ' t ' of', YM ' C ' h '."' I,6.05.
6.05. In case of conflict between other provisions in this title and TaMe, 1. 1121'itk, 16, the
most lengthy and greatest notice requirement shall apply. ff rio,notice ther'-Table- [ 1-2 or Oie mfriuoi-
prcwisions of, this lidero -none�,sbafl be provide&
-and aiay be (M
DCC.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.#
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
'111'04e 1 2, Niloflce WutmaiiAira.uaaawaaills—
Page 136/294
i V �4cw,�"au���°a—achy,�,1��—al�avn^iangaa�u��,ca[ �rcaaaoaad.�e suR2�wluuaaaawy aa"aur, �aa�rrani�.�.i �uaa�@�anau�a-l�aivaaa� rvr��;,a�aa�a�asu�aa;a,
(11,4 11 i11 ",+cswai ( lass b tuie , Ckz d )1ruv i h, 16 �eiiiglortaryluod nR1ig) t",aits, w('ntrc laaaaaae uwcupkaison* aeaal so Ine no Xu iflw asa("a s 8#9 C11 ass
(f )aaanwV W a Mises„
�,tOaackEila^m(2) ka woos„ (,11'6S (3) Uses, Ia'rraaroaa uaaratu.aroaal'rauaaaaaa�� pu��-sa, saugaruatlaa�I, Ask0;aaraatu aaawad kw 4 saris (2 )1 iuWll (
la wurhwrw araaaiaiww ��a {aawWfia,,a€wlawaaaAast.a tr as aa(9p6tkaw iat 0'htNe.s._
B. Responsibility for Notice. The department aind /oa (bp, 4 jly 4' lq rk ��shall provide all notice requiring first-class
mailing or legal publication. When required, the applicant shall post the property in accordance with subsection C of
this section.
C. Posting Notice. When teagtairy , t',J he applicant shall post the subject property with signs provided by the
department k� l nab i.,l~"�e�,y e%v, Variance, l�e�arixt�. d�llylc�l� Nitlaui��el�tia�a'um�if"i°er,iliii"edby and t9li1ct3a:r.l peri�tti
la uw wrwi+aqa se tuat,l+si.�(w,aw_Fnvw roc,� mental 110,ucy_:N l ReM w as lnvucl ri naw wit ;'VNIC 1',414 �6. Signs shall be
posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to
the subject property. The time of posting shall eolilpty Nyidvtlie,fwovtS'io s O 1`aal'fle to pssuat'ucq o
uiaa ia,e o � r Nua a�at iw�l z wN otherwise r, L ttJreat t',"G"�l;le 6.
D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons
shown as the owner on the official records of the Yakima County assessor's office shall be considered the property
owner. The notice of application will follow the provisions of Yakima Municipal Code Chapter 16.05. (Ord. 2010-
31 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986).
15.11.4iD00901 Fee schedule and administration.
The legislative bodies hereby adopt and maintain a current schedule of fees and charges for actions pertaining to this
title.
No application, permit or appeal shall be accepted, processed, approved or issued unless and until the applicable fees
and charges have been paid in full. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 46, 1993: Ord. 3245 § 1, 1990: Ord.
3106 § 23, 1988: Ord. 3019 § 42, 1987: Ord. 2947 § l(part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. aNi""E
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(11,4 11 i11 ",+cswai ( lass b tuie , Ckz d )1ruv i h, 16 �eiiiglortaryluod nR1ig) t",aits, w('ntrc laaaaaae uwcupkaison* aeaal so Ine no Xu iflw asa("a s 8#9 C11 ass
(f )aaanwV W a Mises„
�,tOaackEila^m(2) ka woos„ (,11'6S (3) Uses, Ia'rraaroaa uaaratu.aroaal'rauaaaaaa�� pu��-sa, saugaruatlaa�I, Ask0;aaraatu aaawad kw 4 saris (2 )1 iuWll (
la wurhwrw araaaiaiww ��a {aawWfia,,a€wlawaaaAast.a tr as aa(9p6tkaw iat 0'htNe.s._
B. Responsibility for Notice. The department aind /oa (bp, 4 jly 4' lq rk ��shall provide all notice requiring first-class
mailing or legal publication. When required, the applicant shall post the property in accordance with subsection C of
this section.
C. Posting Notice. When teagtairy , t',J he applicant shall post the subject property with signs provided by the
department k� l nab i.,l~"�e�,y e%v, Variance, l�e�arixt�. d�llylc�l� Nitlaui��el�tia�a'um�if"i°er,iliii"edby and t9li1ct3a:r.l peri�tti
la uw wrwi+aqa se tuat,l+si.�(w,aw_Fnvw roc,� mental 110,ucy_:N l ReM w as lnvucl ri naw wit ;'VNIC 1',414 �6. Signs shall be
posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to
the subject property. The time of posting shall eolilpty Nyidvtlie,fwovtS'io s O 1`aal'fle to pssuat'ucq o
uiaa ia,e o � r Nua a�at iw�l z wN otherwise r, L ttJreat t',"G"�l;le 6.
D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons
shown as the owner on the official records of the Yakima County assessor's office shall be considered the property
owner. The notice of application will follow the provisions of Yakima Municipal Code Chapter 16.05. (Ord. 2010-
31 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986).
15.11.4iD00901 Fee schedule and administration.
The legislative bodies hereby adopt and maintain a current schedule of fees and charges for actions pertaining to this
title.
No application, permit or appeal shall be accepted, processed, approved or issued unless and until the applicable fees
and charges have been paid in full. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 46, 1993: Ord. 3245 § 1, 1990: Ord.
3106 § 23, 1988: Ord. 3019 § 42, 1987: Ord. 2947 § l(part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. aNi""E
Yakima Municipal Code
Chapter 15.11 GENERAL APPLICATION
REQUIREMENTS
Page 137/294
15.11.-.11
100' Master applications.
....
A. Process. Any person proposing a land use project, which would require more than one o[' die lzermits or
approval& Il st.ed in.. Talkie .i. I. B, may submit a master application on form(s) provided by the department. The master
application shall be processed subject to the highest type of review applicable to any of the required permits or
approvals, Type (3) review being higher than Type (2), and Type (2) review being higher than Type (1). For
purposes of this section, the administrative official's decisions shall have the following effect:
1. If any of the required approvals constitute a recommendation to the legislative body, the decision of the
administrative official as to all such permits or approvals shall constitute a recommendation to the legislative
body; and
2. Otherwise, the decision of the administrative official shall be final subject to appeal pursuant to YMC
Chapter 15.16.
B. Fees. When two or more zoning applications for the same project are processed as a master application, only
the highest fee among the applications submitted shall be charged. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 43,
1987: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
®®C.
IN®EEX
Yakima Municipal Code
Chapter 15.12 PERMITS
Chapter 15.12
PERMITS
Page 138/294
Sections:
15.12.010 Purpose.
15.12.020 Required permits.
15.12.030 Compliance with development permit and cerdfiaate.ofz<mir, 1prwl wvriuiii,,,e%e t arid si,lw nwie..-
a l,rop,
rm,qu�rcd1wVan required.
15.12.040 Official index p eco --d of approvals to be maintained as public record.
15.12.050 Final site plans.
15.12.060 Expiration and cancellation of development permits and ekwir�tilia,ttrpurvl"aiuii�ip, i'eevieriltp�gaaq,lwr#3,3.
15.12.070 Certificates of occupancy required at discretion of administrative official.
15.12.080 Performance assurance.
15.12.010 Purpose.
The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain
administrative provisions concerning permits issued under this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1
(part), 1986).
15.12.020 Required permits.
A. Development Permit. Except as provided in subsection C of this section, no use, development, or modification
to use or development, as those terms are defined by this title, may be established, placed, performed, constructed,
made or implemented, in whole or in part, without the issuance of a development permit by the administrative
official. When a building permit is required, the building permit shall serve as the development permit.
B. ertificate!ti ol'Zcming 1 ewue wl udxwul Z ifliLg Qgcis4 i and Site Plan. No development permit may be issued
P e„ IJ g 1 r „_.._ktra& 041-168t %A4iia6± w3,�ll�n
without the prior issuance of ruiiuii4 ew,wg�rcdaa ,uaitiµ)iiidGgesit;t, �,lsiii by ilia aliarriiriw
�vgi�r,twl ,ti�eal swear.
,w m o a ,"., " " ., ,. .._ ie'lle" ifir,lal,ll,h�,.; ,.b�Yb VC._u�V.Yl4
eeo.,lravgae �;'a N i��Cr�k.iPo��a�,b@'"tli6Ydµ'tf-1�Wk11"u., ii4ri�1�M�lig0.�
Opp eal petiod has riot lapsed ora iiy.,iIle i i�l"�i)ca I has not been rc,olwe d. by, thediei',)aarrient�~i��ii<<t�ie-f,,iroposed
developinent(uilith :iliiig Ilial Elie pn'',)posaihro ugh fhe- reviewvtwoceulures-of'-
Cllr °�ltl "wa�9 e Jin °Bp "r t4 i�? %ti9hltl@IR"e'� �$ }it.ngapV"ovided; [Ilat l:irCil1osatl1 z IRiC i� B M' ln' Q I � 9fi ih ii wV7�N k�dkt7kll� i4 s"'ikViMi�.y tiG
r p pca:uveAd t�°la N scBs, vvlrla li a u imr viwwvb ki6o uuiicior "1 1 4,1 r sviv vvr enril�t ( wlt." t..l pipit ' l u. C 3) -vl otva��t, i eel,viiiera
separ atu-cvni fit""ate" or zoning -review Gond may be,approverl...diiectly irk tli��riaiiwili�l�,ti a�lvdva u��llia�uuil l�l�a� l'li�,wrt�iuiii�_
lep~.p 9uira G, %:die �itapik o-iikqu, t,uvo en T,a,,twiq..o reiitil-wate of zwdng,review iss' kxi lid Il e elu}iG�ataira air urli ill uiicl-r:ivlvr 8 ,,.
ra�9 ;i�ecie.ci croi'-other•wvise, tiii"a�iuirmiria, lc.aris pi°ri„'fie i logethema�
Plan',
C. Exemptions. The following developments and modifications to developments are exempt from the review and
permit provisions of this title; provided, they do not involve a required site improvement:
Normal structural repair and maintenance;
2. Changes to conforming structures that do not involve structural alterations as that term is defined by this
title;
3. Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units
nor physically expand the structure;
4. Accessory structures otherwise meeting the specific development standards and requirements of this title
and that do not require a building permit under the provisions of the building code as uad op ied Li.salae
,el�Viuerl,:ir�r�ut� piuri�dirw,aueermr;
Exempt signs;
130C.
I D`2
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code Page 139/294
Chapter 15.12 PERMITS
6. Yard sales meeting the requirements in YMC 15.04.090;
7. Alteration to land, including grading and leveling, paving, stockpiling, and excavation, the fair market
value of which does not exceed five hundred dollars; and
8. All construction of private or public roads, construction of sewer, electric, and water utilities pursuant to
an approved and valid short or long subdivision regulating such improvements.
D. Development Permit—Issuance in Conjunction with Another Permit. If the administrative official is
designated and/or authorized to review and issue a permit under the provisions of any other city code or ordinance
applicable to the development, he/she may require issuance of the development permit under this title to be issued
only in conjunction with that other permit. (Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 5, 2005; Ord. 3106 § 24,
1988; Ord. 3019 § 44, 1987; Ord. 2947 § 1 (part), 1986).
15.12.030 Compliance with development permit and tonin dut us"hl xmuit site „U1hu'i
ireview required.
A. Development Permit Compliance Required. Development permits issued on the basis of plans, applications
and conditions of approval imposed by the administrative official, and/or on the basis of a a wrtrl wit r ral=�arirrsrr_tf;urrtrd...
a r uitrr ske sion asi
��d ild p��inll review, authorize only the use, arrangement, and construction set forth in the approved
plans, iaind application, andi tif��; da Irl"za unrrui, u= ,via�rr� together with any associated conditions of approval and the
final site plan. Any use, arrangement, or construction inconsistent with that authorized is a violation of this title and
is punishable as provided in YMC Chapter 15.25.
B. Site Plan Compliance Required. Whenever any detailed or general site plan is required by operation of this
title and is part of any approval of development or modification of development, the final site plan shall be binding
on all existing or subsequent owners and occupiers of the property. The owner and/or occupier of any property,
development, or structure, which is the subject of a final detailed or general site plan, shall be required to maintain
the property and development in full compliance with the terms and conditions of the approved final site plan and
any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of
this title and is punishable as provided in YMC Chapter 15.25.
C. Site Inspection by the Building Official Authorized. The building official is authorized to perform interim and
final inspections of all development and modifications to development to assure that it has been established and/or
constructed in conformance with the final site plan and associated terms and conditions of approval. The building
official may coordinate such inspections with the inspections required by other applicable codes or ordinances.
When the development, as built, conforms to the final site plan, the building official shall so certify on the face of
the site plan on file with the appropriate jurisdiction. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.040 Official index record for approvals to be maintained as public record.
A. For Type (2) and (3) Approvals. The department shall maintain an official iixk s r cori[ of all approved and
currently applicable zatiriri gj. a ilio ns and development permits requiring review
and approval by the administrative official and/or hearing examiner. The official Trial~~ xra a alt(0„shall include the
application, a copy of the �xrurnuirTM decision, celtiP ate of-'-1<)1-tun -review-and the development permit, together with
their associated site plans and the terms and conditions of approval. Such umle?c ocumci uls5_shall constitute an
official record and shall be open for public inspection and copying in accordance with the other provisions of law.-
' ur i rode,% current appfi,ca bk, provisions o[ars speciflc'dflVovtid..is's ie bunder
this"tslle �'d:,v'putflic.-inspe(:71-cion andrcvuew, SaaEu;l"IF..incll evu�raw�� �v�rt�eir�s� qui ��1"rutrsi mart..
ueriirle,d altrpHcar es al, origin~, N'oc-untmts.
The department and administrative official shall immediately upon issuance of a zonji t _ricr i�aiaa�ul, a,a°r"ti6iia rata, of
zoning revieNv and development permit place the original or cer°ti6led duplicate in the official indexira,a;ord, noting the
date and I rrn , of filing of the document 4) the index. The official index record required by this section shall
constitute the authority as to the current applicable limitations and requirements pertaining to specific approvals
issued under this title and shall constitute constructive notice to third parties of the existence and terms of said
approval. The department shall be the official custodian of said 4id x record and is authorized to issue certified
copies. Any unauthorized change of any kind by any person to the documents or records in the official index re of d
L90C.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. WDEX
Yakima Municipal Code
Chapter 15.12 PERMITS
Page 140/294
required by this section shall constitute a violation of this title and be punishable as provided under YMC Chapter
15.25.
piAbkc record ofdevelo��rnew
t-), mv kcw in Aie ;aG ne, m anm-", aad, w4th-the-same -o ftbo. l as sot oi,o V n si,flisec0o A of�
seoion�(Ord, 20()8-46--,- N (part), 2008J)r(t -2:94-7�� k(paif),; 1,4186),
15.12.050 Final site plans.
A. Final Site Plan Required. A final site plan shall be submitted with all Typeg ,l rtwiewapplications, and shall be
required as a condft, unL -approval -
r all 'I'llype 2 -and 3 review applications. The final site plan shall 111%.1ULLU, the
items shown on the original site plan and the additions and modifications required by the administrative official.
B. Final Site Plans Form and Content. All final site plans shall be drawn to scale and be legibly drawn,
prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as
required by the department. Unless the department requests or authorizes a different size or scale, the size and scale
of the final site plan shall conform to the reqtdrernents of YMC 15.11.04f), 010 or 15.11 050 f140" as applicable.
Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site
plan. (Ord. 2011-12 § 12, 2011: Ord. 2008-46 § I (part), 2008: Ord. 93-81 § 47, 1993; Ord. 3019 § 45, 1987; Ord.
2947 § I (part), 1986).
15.12.060 Expiration and cancellation of development permits and etrfifiewttesor zoning-veyiewzo iil
decisioins.
Deck"k,1111 Reviewv—',Expiration. A review decision rn which the
"wr
1isr pj,'j, t4p shall automatically expire and terminate when:
A new or modified cul tificale ol'zoning has been issued for the same parcel or parcels; or
2. A development permit based oil tire tv,view ,dev ' ision has riot been issued within one
year from the date of issuance of the cerriflcao
teducjs�n; or a time period of not less than one year specified by
the administrative official; or
3. The development permit issued on said terminates or is cancelled under the
provisions of this title.
l4flLITVAO pWOV410� SUC41 notice shall nc'�t-iifreaIlia '
B. Development Permit and Building Permit Expiration. A development permit shall automatically expire and be
terminated when:
A new or modified development permit is issued for the parcel or parcels affected; or
2. The work or action authorized in the development permit has not begun within one hundred eighty days
from the date of issuance thereof, unless a longer time is specified in the approval itself, or
3. The work or action authorized in the development permit has not been completed within two years from
the date of issuance thereof, unless a longer time is specified in the approval itself,
I'Irovidedthat and -evIiiraflon,ofla (B)�(2) and Q) of 1h is
shafl la%tl-knwvn address iiuxfto� he-
41dexffle-Ihat 0ie devek)pment rw, n-fift is about
b' rnade'by nliffl at, lea'st R')rt)�-flve (�'kty's' Prior date of,cancell lation and
dKAIOJIHQ'Ct�Ssary, to,avoid-tennination or expjradon. Sliould the deyekipmeM pffmit expire, the
adn+ffl-k,wc refleo cancellaticur ot*du�"� fearflOn the'Off"k-4al recon"Is of,.
4ie depuannm,*. 4410 w41all wnda, kviluen not ice 'twyrnai 1 4o ffie'peflnit appk-ant aar "-the.
DOC.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDEX
Yakima Municipal Code Page 141/294
Chapter 15.12 PERMITS
1niJex, tt)°V2"'11,Li, with-&9��Nd��4:��4�1�C1 l��tl"�i�''� 4����4°d�'� ''(")r
C. Extension of Any Approved Development Permit and/or t` eoJ41vii,tn a � ing Dec.1,11, 4W11 "I'llilio r. A
11
valid d cirtifii>cWe of zoning rov; e^ ,v d,ccJ iNitn_and/or a valid development permit may be extended one time only for up
to one additional year by action of the administrative official. Requests for extensions shall be in writing to the
department and shall be accompanied by the previously approved final general or detailed site plan showing the
location and size of any development or work already completed on the project. The administrative official shall
review the application without public notice or hearing and issue the decision within ten days from the receipt of the
completed application. The administrative official may:
Approve the extension;
Approve the extension with conditions to assure the work will be timely completed; or
Disapprove the extension.
An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The
administrative official shall mail his or her decision to the applicant and shall specify his plr fuu:Ir decision as final
unless appealed under the provisions of YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 48, 1993;
Ord. 3019 §§ 46, 47, 1987; Ord. 2947 § 1 (part), 1986).
15.12.070 Certificates of occupancy required at discretion of administrative official.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval
imposed after review of development under this title are actually and properly complied with and implemented in a
timely fashion, all in furtherance of the goals and policies of this title, the Yakima urban area comprehensive plan,
and the public welfare and interest.
B. Certificate of Occupancy May Be Required. There is a condition of approval for the issuance of any
development permit or ac+d,tilui:d te ol ztoil, ray+ iew'z mitto,d'c' q's' "on or any other permit or approval under this title.
The administrative official and department, when engaged in administrative modification review under YMC
Chapter 15.17, may require or specify that the approved use or occupancy of the structure or land may not occur
without the issuance of a i dpi J fic ite dp i 1iAxmpa ncyZ„iinin g dee kion issued by the administrative official certifying that
all required site improvements have been fully and properly constructed and that all the terms and conditions of
approval have been met. Where such condition is imposed by the administrative official,,, any use or occupancy of
the property or structures, in whole or in part, without the issuance of a certificate of occupancy, is a violation of this
title and is punishable under the provisions of YMC Chapter 15.25.
C. Procedures. The administrative official may perform interim and final inspection of the development at his
hui own initiative, but shall do so within five days of any request made by the permit holder. The administrative
official is authorized to conduct interim and final inspections of the development and may coordinate such
inspections with the inspections required by other applicable codes and regulations.
D. Temporary Occupancy Prior to Completion. The administrative official may authorize temporary occupancy
of development prior to the issuance of a required certificate of occupancy when, upon request, he iod she finds that
all the following conditions are met:
1. The applicant is unable to complete all required improvements because of unavoidable circumstances that
in no way resulted from the action or inaction of the applicant or permit holder;
2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable
amount of time;
3. Delaying completion of the improvements until after occupancy will not be materially detrimental to
property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or
the goals and policies of this title and the Yakima urban area comprehensive plan;
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. z
Yakima Municipal Code
Chapter 15.12 PERMITS
Page 142/294
4. Security for the completion of required improvements and terms and conditions of approval has been
made in accordance with YMC 15.12.080 for any public improvements associated with the development; and
5. The development complies with minimum life and safety codes and the building official has declared the
development safe for use. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.080 Performance assurance.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval
pertaining to construction or changes to public improvements imposed after review of development under this title
are actuallyand properly complied with and implemented :n a timet fashion.
r-�r�--J� r r y
B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of
any development permit or ce tfl`kate� l" tl nr� ray„a� wA ;pt��� r � c�, r awl, or any other permit or approval issued under
this title, the administrative official may require security for the performance and completion of any proposed or
required public improvement or any other term or condition of approval pertaining to a public improvement. The
estimate of the performance and completion of any proposed or required public improvement or any other term or
condition of approval pertaining to a public improvement will be reviewed and/or calculated by the cityfcimiA
engineer or a designee. When such security is required, it shall be made in accordance with this section and must be
made and approved prior to the issuance of the development permit.
C. Forms of Security. The applicant may provide security in the form of one or more of the following:
A cash security deposit;
2. A bond; or
A deed of trust/mortgage on the subject property or other property;
Provided, however, that the quality, sufficiency, amount, and exact form of the security, are subject to the approval
and satisfaction of the city'���)tuv,y engineer and administrative official. Whenever any security is provided by an
applicant it shall state directly or by reference all the following provisions:
1. The improvements or performance secured;
2. A date or dates of required compliance;
3. The amount of the security;
4. That the security is in favor of the city of Yakima Yak Ona (2otvo ; and
5. That the applicant shall maintain the security in force until completion of the public improvement or
condition for which security was provided.
D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a
security deposit is made under the provisions of this section, a written agreement shall be made and signed by the
administrative official on behalf of the city/county. Security deposits shall be made directly to the administrative
official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and
type of account, and any interest earned thereon shall accrue to and remain in such account. The cost of the account
shall be provided for by the applicant or may be deducted from the security deposit.
If the improvements or performances secured by the deposit are not timely completed, the administrative official
shall notify the applicant in writing, stating:
The nature of the noncompliance and the action necessary to correct the same; and
The amount of time in which the applicant has to take corrective action; and
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.""C
Yakima Municipal Code
Chapter 15.12 PERMITS
Page 143/294
3. That if corrective action is not completed within the time specified the city c uuuWy will apply the funds in
the security deposit in order to effect compliance.
If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by
the administrative official, the city/couiay shall, through its representatives, take whatever action that the city u,uuul. ,
deems necessary. In addition, the city shall perform or complete the items covered by the security deposit and shall
apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be
refunded to the applicant.
E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or
other security shall be in an amount and with such surety and conditions satisfactory to the administrative official.
F. Deeds of Trust. Security provided in the form of deeds of trust shall comply with the following provisions.
Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or
performance secured by the deed of trust are not completed, the administrative official shall notify the applicant in
writing, stating:
The nature of the noncompliance and the action necessary to correct the same;
2. The amount of time in which the applicant has to take corrective action; and
3. That if corrective action is not completed within the time specified the city,coura�y will take corrective
action itself and/or foreclose the deed of trust.
On failure of the applicant or permit holder to complete corrective action within the time specified, the
city/county may, at its option and through its designated representatives, either:
a. Take action necessary or convenient to perform or complete the events secured by deed of trust, and
thereafter institute foreclosure of the deed of trust in any manner allowed by law; or
b. Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law,
G. Partial Releases. An applicant may request a partial release of any security provided under this section based
on partial completion or compliance with the events secured. If the administrative official determines that partial
release is warranted, he may cause a partial release of security in an amount deemed by him to be appropriate.
H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible
for all costs incurred by theo um,),Vcity in causing completion of the events secured by any security provided for
under this section. If, after fully applying the security, a deficiency remains, the applicant and/or permit holder shall
be jointly and severally liable for such deficiency and for reasonable attorney's fees necessary to collect the same.
I. Administration. The administrative official is authorized to sign documents and otherwise administer securities
under the provisions of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 48, 1987; Ord. 2947 § 1 (part),
1986).
®®C.
�
A
IN®
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.13 TYPE (1) REVIEW
Chapter 15.13
TYPE (1) REVIEW
Sections:
15.13.010
Purpose.
15.13.020
When required.
15.13.030
Development permit application—Type (1) review.
15.13.040
Review procedures.
15.13.050
Approval.
15.13.060
Denial.
15.13.070
Appeals.
Page 144/294
15.13.010 Purpose.
This chapter establishes procedures for issuance of a development permit for uses requiring Type (1) review. (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.13.020 When required.
Class (1) uses not requiring Type (2) or (3) review are permitted; provided, that district standards are met. The
administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1) uses and associated site
improvements for compliance with the provisions and standards of the zoning district in which they are located.
Class (1) uses require Type (2) review when:
A. All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes, is in
the floodplain or greenway overlay districts;
B. All or part of a development is in the airport overlay (AO);
C. All or part of a development is in an institutional (IO) or master planned development overlay (PD) and is
identified in a development agreement as requiring Class (2) approval;
D. The proposed use includes hazardous material;
E. The applicant requests adjustment of one or more of the specific development standards pursuant to YMC
15.10.020; or
F. All or part of the development requires a development plan and/or master plan. (Ord. 2008-46 § 1 (part), 2008:
Ord. 3019 § 49, 1987; Ord. 2947 § 1 (part), 1986).
15.13.030 Development permit application—Type (1) review.
Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to the
administrative official on forms supplied by the department. A general site plan conforming to the provisions of
YMC 15.11. 040 030 shall accompany the application. The administrative official may request any other information
necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.13.040 Review procedures.
The administrative official shall review all Class (1) uses for compliance with this title. The administrative official
shall forward all Class (1) uses requiring Type (2) review under YMC 15.13.020 to the planning department for
processing under YMC Chapter 15.14. The administrative official shall notify the applicant of the approval or denial
of the application, request additional information, or forward the application to the department for review. (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
�N 1)
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Yakima Municipal Code
Chapter 15.13 TYPE (1) REVIEW
Page 145/294
15.13.050 Approval.
The administrative official shall issue aype ll zoning d c s4 ion when it has been determined
that:
A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04;
B. That the proposed development complies with the standards and provisions of this title;
C. That the proposed development complies with other building codes in effect and administered by the
administrative official;
D. That proposed development complies with traffic engineering standards and policies established by the
appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and
E. That any new improvements or expansions of a structure comply with the standards of this title. (Ord. 2008-46
§ 1 (part), 2008: Ord. 3019 § 50, 1987; Ord. 2947 § 1 (part), 1986).
15.13.060 Denial.
When an application is denied, the administrative official shall state the specific reasons and shall cite the specific
chapters and sections of this title upon which denial is based. The administrative official may also refer the applicant
to the department to determine if relief from such denial is available through other application. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.13.070 Appeals.
Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be appealed to the
hearing examiner under the provisions of YMC 15.16.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
DC"
INDE
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.14 TYPE (2) REVIEW
Chapter 15.14
TYPE (2) REVIEW
Sections:
15.14.010
Purpose.
15.14.020
When required.
15.14.030
Application for Type (2) review.
15.14.040
Review procedures.
15.14.050
Notification of final decision.
15.14.060
Issuance of a conn ific+rata, of zoning sr;Ocs yapeclsion.
15.14.070
Appeals.
Page 146/294
15.14.010 Purpose.
This section establishes procedures for issuance of a cent flcatc, 4 -zoning uses requiring Type (2)
review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.14.020 When required.
Type (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring
Type (2) review in YMC 15.13.020; and for other specific reviews established by this title.
In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review,
when one of the following occurs:
A. In the opinion of the administrative official, formal public review and comment on a proposal will assist in
determining necessary and proper mitigation of impacts;
B. SEPA environmental review of the proposal indicates potentially significant environmental impacts that could
prompt a higher type of review;
C. The application has more than three associated land use decisions to be considered; or
D. The proposed land use request has a development or master plan required by the size of the proposal or the
administrative official has determined one is necessary. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.14.030 Application for Type (2) review.
Applications for k ypi (2) ll,t.vicwand cwific",ices ozoning reviewdo cisions for Class (",2) uses shall be made in
writing to the planning department on forms supplied by the department. A general site plan conforming to the
provisions of YMC 15.11.044 030 shall accompany the application for Type (2) review. The planning department
shall forward the application and site plan to the administrative official for review. The administrative official may
request any additional information under the provisions of YMC 15.11.020(B). (Ord. 2008-46 § 1 (part), 2008: Ord.
2947 § 1 (part), 1986).
15.14.040 Review procedures.
Upon receipt of aaran comptete d -application for a Class (2) use, the administrative official shall par'oceeaf r� v„ 'C tpat;,
<appAcau.irotn as follows:
Determination of,corrap), mess,... "VVu h➢ n. twenntw� n nap,�pt �,tp� s drafter receiving a pro ect permit apppicatinan,
l bt,, ,n dE cpp wtti,,,pml, rpn a ucr �d�,,..�.pr,Ca n nrua,ap: a+pppgt np piu�Ca,,q° nkiartion to the ,ppapa i axap.,���au�p,r,%tM:ges^
p
p'
int Ifle agplfli ,aa onn k cor np lete or that, tdpc apwpaUg4,rrcWt,k urwpr py etc and aapaant lis nne ceGssary tea. .
rntike the rapalapp rr( unuc c.Gn npet+ anal
DOC.
INIDEX
.41
s
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.°^P',„
Yakima Municipal Code Page 147/294
Chapter 15.14 TYPE (2) REVIEW
---- Ia. To 0,ie emcn,H knoa vn by the, c1ty, Oic Memda y ofoflier agencies of1c)qVit, , s*eft,,or Rjdcral
iyJI,
§
A 3. of Ific coillilAetecl
(45C,iat SNA 11 %-"V iew LN, proposal and Letakui-vely detenoine, Who h�m, t4le-proposed Ic
apprlwedapiwoved: NvithR"u
"� f'or i'ld(fiii-onal ififciii saOon The administrative
- 41, -1-1-1- - -1-1
official may request any additional information necessary to clarify the application or determine
compliance with the provisions of this title ip accordance, aAjdi
s - 16, 0,1020.
.......... .
C. Jnconllple[e applic"a6on.1i'die city delern'lines an application is,,Jlot coj,rq�loe,jlle city_, 011c,
procedures oI'y,N/K_§_ [(w04.030, Widiin line -We i days tlfllm.ving reccij,l of,dw, n�eqwstcd i�di:ql'maior%
Ole Ci yj I
_�gffl dee vvt�ell er or n( t dle,,q�),Jflicadon is Ifien complcte fin.
............. . - 11 - - - I - - :- --l- -I-- - --- -.-. .- - - I - " 1111111-
pyq�Jskms of"YMC, W04,030.
II ne-p reli n Ili n I: a ryy 'de cis i on apIflica6ori sliaH
be offlie addifit")n,'fl iidbrrnatkm�
K 1,),-. B, Notification of4q, Adjacent Property Owners.
preli-I'Ilimwy de"'C-isiml is to aliprove lfieiapp,-aHcwiowl, Or -;approve Willi coruhfions,-Hwofficial
shall, within- five days, -krarvvard-aA notice of application sJ,na I I bept-ovkIed to all
land<)wners within three hundred feet of the exterior boundaries of
the development site. The notice of application will follow the notice requirements of Yakima Municipal
Code Chapter 16.05 and may be either a postcard format or letter size paper.
The administrative official may also, but is not required to, solicit comments from any other person or
public agency the administrative official feels may be affected by the proposal.
111,1'1 lc' Administrator's Decision. After considering any comments received from other agencies,
jurisdictions, or adjoining property owners, the administrative official shall issue a notice of de(;ision
regqrding theapplicant'sType (2) Revie.w applicaflon and s4e,phan in accordance with YNIC, Ch, A6 fT
C� of 11le -fioHowiml aaetions:
D. —1 Sit,0 Phill-,Md
I Audicqi,,-e adJiistivent k' tfie has,ic desitpl man&,Irds in (d )!'MC
C, fiap�cr q5 MI,
G 4, Rcqucst a6NOonal sell More detaile'd, ill fbl,Vlat ,bail,—not linfl(ied w a
plan -or Inamer plan Or doc6nantm4 ,S 41.fl, (]fevelopnUfflti
5, Refiir Ow and dl ,!cisiowl cr -
- ---------- 6, "I'll,
Nsappn'ove the Site, DOC.
INDIII
# C
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Yakima Municipal Code
Chapter 15.14 TYPE (2) REVIEW
Page 148/294
J. 0\ request by dot aal�nal�akwaGv awl'1-"mi"d for wkfi6otal of n1orw—detafle(I inlbrancaioia-� iliall,b1, madii widgwun .
w dea) .ha s 'l'n°aatao Gh�: u�aN ��l`lWu � ('x"n't nent Pef� auai loss s:u-pp,dce Irl•,dv .kliau e ill l6��I
(�=j Rovi� .-A-appht°w;ion ;uuut,_�w4o, tllt�,�iu,in accordance (,K 4)
4- F° Conditional Approval. The administrative official may attach conditions to his or Iter -approval in order
to assure the development is consistent with the intent of this title, the zoning district, the development
standards, and the other provisions of this title.
L t u '.—t:.- Findings and Conclusions. The administrative official shall prepare written findings and
conclusions stating the specific reasons, and citing the specific chapters and sections ofthis title, upon which
the administrative official's decision to approve, approve with conditions, or deny the issuance of a c o d w 1 x+ ate
1aa�anan� n°�la:�aaa�n�ua._al a s.,i,lw is based. The findings shall demonstrate that the administrative official's
decision complies with the policies of the Yakima tai°ban area comprehensive plan, the intent of the zoning
district, and the provisions and standards established herein. (Ord. 2010-31 § 5, 2010: Ord. 2008-46 § 1 (part),
2008: Ord. 3019 § 51, 1987: Ord. 2947 § 1 (part), 1986).
15.14.050 Notification of final decision.
The administrative official's final decision shall be issued within on -e, 6 tliln 1ra°al q wl�t�� Y �^1 ad)tlmnt�uc 1a1u wla�d��7a ,i: ,t�
ap!112 c..lyaa �t VM a� Pure in "'MC Clh. 161 0d/ sevpan (,J a s.,.fisanta t1,w� eiit1 �a1�"d.ltat.
ate, u.Vua�; ullrolalla ti,N�as�a n_;eaaualfa„ r.ha as 41G,lcn��,
or, req uetl ,aced, (Mte 1110.„t�Yu�t�m�m',°,�lP°�du�r�,
ual�lrlw anew xaiu l k � aatlaca l aaCla u��u,�aisRei of wa��du,ro1
notice not lawn dC����tmtfuu����w��uilu�iuu���l���s f�ull�u�s�wt��, el��a�f��u�d��tita�;��f"tlt�t
fhntal decisionI [le ak ,)pe,,, ed pay tfte-heFtnng
cs,arnlint lie fiaal„d(eck,4m sliai,l,bc..ma(lcdw 0 c,,.. "ulfcant,and, udli tams s o �•ecoi.�.l.�_�1,nd s,h,aI�� irate ifuq�l Hic—
all 1,.
cl c o k' nl fS 111gat 1i1111 es �slafs lt( f, t ie ha�.°�zring saai�daxwuaamu. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 52, 1987; Ord.
2947 § 1 (part), 1986).
15.14.060 Issuance o
azoning. � � .
�w;��mt,a m�:aat�:;�i r���s�rm���twpwaa � tltma a~��ntrl.
No use requiring Type (2) review by the administrative official shall be entitled to a development permit until and
unless the administrative official approves a final site plan and authorizes issuance of a c+ead�li:µad ti coning
reviewa6e,cisio n. The c aC�lit� t I' a nulas5 n'o oma ww ,t�pm i,u g a ecispam is not a building or development permit and does
not by itself authorize the construction or occupancy of any use or structure. (Ord. 2008-46 § 1 (part), 2008).
15.14.070 Appeals.
Decisions by the administrative official under Type (2) review may be appealed to the hearing examiner in
accordance with YMC Chapter 15.161 60 8. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § I (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.15 TYPE (3) REVIEW
Chapter 15.15
TYPE (3) REVIEW
Sections:
15.15.010
Purpose.
15.15.020
When required.
15.15.030
Application for Type (3) review.
15.15.040
Review procedures.
15.15.050
Notice of examiner's decision.
15.15.060
Issuance of a cisiml.
a,a�n•l�tlaaAaataasnl �,awanna� � �ovnav�ara�rru�* w.^....
15.15.070
Appeals.
Page 149/294
15.15.010 Purpose.
This chapter establishes procedures for issuance of a n°cu la11cate, aal'zoning review d a° son for uses requiring Type
(3) review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.020 When required.
Type (3) review is required for any proposed use shown on Table 4-1 as a Class (3) use or for Class (2) uses referred
by the administrative official for Type (3) review, and for other specific reviews established by this title. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.030 Application for Type (3) review.
Applications for co -d 11wws all zaardng i yip (,), review for Class (3) uses shall be made in writing to the planning
department on forms supplied by the department. A detailed site plan conforming to the provisions of YMC
15.11 O,50 040 shall accompany the application for Type (3) review. The planning department shall forward the
application and site plan to the hearing examiner for review ftp„4aaweardaarwe with Y rVICm 1„(1Ca 16. The planning
department or hearing examiner may request any additional information necessary to clarify the application or
determine compliance with this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § I (part), 1986).
15.15.040 Review procedures for Type (3).
The following procedures will be followed for the review of Class (3) uses:
A. ,Delo r nihiaa,dim oa cr ,,t lads (crla,ay., did'dn ,f �a ial ',a %aC.e,� <ay dual8r a .a�ac a k h ”. PNjg t Ipa,lwaaal, anlppjk catgaanae..the
1. f , w �al;re¢� Fc ant which states.,
�,tl9 a�nA,�ll i;obaaul ani aa�p�ul�t 1rI ��e,�,�w:a�� ��aq(:las� �)�i��a�r,�r�aabi,��z� t�3:lu�
1 1a ntp,_gt � �au.�h- lma e llw
Im ® Him, .ti�i�lr�(c�ataa�li �,,„u�tabgpldU.i"la" anu- ollp�al ulloa° a 1,1iw..ali;laaN se, aupcannad plal� -,cabal ,
aplpin a�(an,bda ca saay�( ta.;
and
I'ar tla�: 1y�:ho a;:.0 ll�wa.�_eitw6y.anl laAgraalmna,��pG Cpl laaw.�l.,,slwnt,s,nm lc:�a�aalal�smualrlaulfsm
a � lm�^rat :raawva"4_..
nl�lu�_��^lea ml.ra� � .,1ai�l a s �aaa9,n.,a�wa� K�la�as b,fn l hal ilp a,i�f 1pa p�ispgp,( C t Nfn,Q)4j)1l?�:. Ooaa..-, . 66� .?
4pe:at ; V9")
B. l�c,a; uesl fill- �sdalld,oria:l ir0'6rrrm6cm Hie .adniklisbutnve official ,iy request a_ay aaiii�+uarl l:a,brbiafa.1i,.-
cacacsanaa°�y to Clarify ftapplication am a9ccarolallall,anzcc wcu,n lfac Prw6_fil➢a, hr �,accanrdaalice
..
vrhh k"MC.; 16111,10-4,10121101,11
C. llnnco nnplele appHc atimi. .I f the city a e eu-aauirws a naipplicatiora ns.0 of cory,lp,lcuc, (Ih e cnty shaal l doH tial°
0_ y , a n ca a rp( �nl �lla� reque ai ipalini�arataGann. t1n0
procedures ofYM(., ; IIPr 0�, 030. ntlanre� lsaaun1.cci7 afua s lanllowvli7�.� ,.,jh
cute sha11 delea- ni ne whether or anant the aaapprjcgtjo n ns then caplpnapj�ta dap apntpl lssppna� �a„aa appaltnn� (c ttp
pf,t Visiorvi,, apt N�A,1 46,QeLQ301,
C.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code Page 150/294
Chapter 15.15 TYPE (3) REVIEW
. 1 1" ' staaNl NEEM p,-u.Sp(1ju-, fl Near assiggi n,�� ..�i��f ,tl��u", 2nd ass uH-�.ng dulls;=-
-- -.n
d 'r
ll" l is tc � X� �arpai �. , ll` HIl� P aVdIl'iIlIIl a es fll,l tmcw�flt
notice cj' a p"blie hearingitaa i flieNi_.aalaphcatlion. eairo.e tai i,Nre...luInc sand Nab"aa.r�_gOf'l aa,".ptJ,?Hc hearingShaall ill;
r ivy .pi �eiti"l iaa Liale°el I"ati in accordallce Mw h YN/K' Ch. i 6 0`b 11ric Nrea Mn 1,,q,xailuuu er shall �hold io least w.uu°c
aaukaNga Nia uu°iai uuiaaw;� N
to re�n(k� rin � any kuN�lwRneara shal.l .0��1�omr m person (v Na.y agent o attol!,;�����, " _�.� ale.e�l�l;eauw The
�aHlM, tee rl�wr raaee;@'lk"vfffcr'ac ewseaa�eaitraaawee u�the ru,aiwor t0i;a°leafonat.
y ..lm � pjx,aar it"1, �, e'Hu b a�erst ear e�Atorrae . or ma saubrnit %v itlen elockaaw�l€ols r"e'.�'.�aqual,raIlk,�,dNYe
t 11�,Nik & laiq l p w"„trn &w - �. l person, . H H�
application,
�;', „Neat.ilfleatfldDiw Gal �Q11ae,eR 111"4a aeitV �.�a�iieiS .� i`itDtie.°e 6fll ap laj ii ati&Di"fl aBHCi taifliANHt peiring sha U be,N9Il"�H4fl��,ed...�:��..,
i V,V 6,ppncSH.wim GAeSignrI CG➢ (,,,oTna (.,, pt, 1CSOrls, UTHI pl Oj)eRv 6.Dwrlt,ICS WI LM11 Lhree hundred lle et w iflie,,. "CCU i II011
N)mlkadkl ies o ffic (lH've;ioplk�,�,ent Site. The Inotice of a.N atIruat,ieL wiN.folloOthnotice re,L1h-ej��nis CI,'
Ya��t,;9maa Municipafl ode, t. h. N6.05...and. tangy be either afl rx)steaIla,d flonnat...o tette sire iraap_i"....._,.
C fie.,aia�rawarurl�hr;arwve_�ia rw.wau „rwuaa as ws�a Haat w�h�..." �9 �.
Wats hC'orn vIi other li ft q�j ap°.,.
�. wrail u,�� . auor"ee tu�Ra Solicit cwIlarrrate„.
1 it.i4e offi6al R,,,els roay, Nae awl°l,ecte°d Nr ,the hurolnra ,flw
aiiia,�ue aaemeral,;y r1Hs,^ a1,4awGUllarSt_@,,
A,, ,,.........A. Report of Planning Department. The planning department shall distribute copies of the site plan to
other affected departments, agencies, and jurisdictions for review and comment and shall coordinate and
assemble the comments received. These comments shall be included in a report prepared by the
department summarizing the proposal and stating the department's findings and recommendations. At
least seven calendar days prior to the scheduled hearing, copies of the planning department's report shall
be filed with the examiner, mailed to the applicant, and made available for public inspection.
ls'1'. kl.9ru.rl�Nle; i➢��itrsw°a(x. k'�a� N�NaiH�r��lua eNequrr�w ui�i��rtt..�riutkl 4���-H�esN�eurmaalali� i�i�ta,.i,ll,,w�uiiiia a eN��,flac Naaw; �uitwl ams~au�ti'wtIl��
chte n(,gice eel; au puhlic th!"'Af if%Aor este.li-all)pler�N°1_lile t"ririeu.tfls w.N place ofthe"J~ufflu,C""iwuarh
S[Udl lea e,4Vei4a ea;"priavlsled..laau lIlam aIlN do 1 1 Thehearhig examiner FhaH laaald aptNeau�tu: nes-pia blic heat.,flll.Rg-.
iaaieflr 0t"H,er.deawurl iaa leewsuean ".1:au iNal�Rlie.Iliat s'haill aliWatr �inPewarWI ea�Il�����a�aaIl��e�at� ear attteattie�y: �`tailtireto do,
way iaa aha a:a�ra�tre&e.ite��ru N lie°Nataat. � aais�� laaH aMsa�atraaaaaai'ia,a� sal � hkt�M�n�lrapti ear eNc�rtlafll"aaltlae �.alaglesatleaifl ttlaew�
parties ma)' writterl iltieH6paad�piw rw
C t p t :- �'fixaminer's Decision. Within ten days of the conclusion of a hearing, unless a longer period is
agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The
hearing examiner may approve, deny, or conditionally approve the proposal.
DAL- l a Conditional Approval.The hearing examiner may attach conditions to his hi,.,i�qa;l
S N,approval ill
order to assure the development is consistent with the intent of this title, the zoning district, the
development standards and the other provisions of this title.
FU .......... k, Findings and Conclusions. The hearing examiner shall prepare written findings and conclusions
stating the specific reasons and citing the specific chapters and sections of this title upon which his oi;;,,her
decision to approve with conditions or deny the isisuaIlnce sal as e�w4wNrt aat;aIl a N slitHl, ea vias eau lel ,el"a a iaa aaw,l,
is based. The findings shall demonstrate that the hearing examiner's decision complies with the
objectives of the Yakima urban area comprehensive plan, the intent of the zoning district, and the
provisions and standards established herein. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 49, 1993; Ord.
2947 § 1 (part), 1986).
15.15.050 Notice of examiner's decision.
Copies of the examiner's decision shall be sent by certified mail to the applicant. Copies of a "summary of decision"
will be sent by regular mail to other parties of record in the case not later than three working days following the
rendering of a written decision by the examiner. Copies of the complete decision or summary decision will be made
available upon request. If the effect of the decision is a recommendation to the legislative body, the original thereof
shall be transmitted to the legislative body. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 50, 1993: Ord. 2947 § 1
(part), 1986).
Y
C.
NDE
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 201, . mow„
Yakima Municipal Code
Chapter 15.15 TYPE (3) REVIEW
Page 151/294
. -
15.15. 60 Issuance of a ce -d,fi :��t�. o zoning_�revie�r��z( nin � decision.
No use requiring review by the hearing examiner shall be entitled to a development permit until and unless the
hearing examiner approves a final site plan and arn lx.)r-izes issua ice ori"a c rr.+fLAVIAMISSUe's a rop��uuig
rlc a rsioii. The certificate-o4zaning- n ; w r wn6ruieN, r; a ka0, is not a budding or development permit, and does not by
itself authorize the construction or occupancy of any use or structure. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1
(part), 1986).
15.15.070 Appeals.
Decisions by the hearing examiner under Type (3) review may be appealed to the legislative body in accordance
with YMC (,'inaintl°.iizArnln�r:r° 15; 1. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
®®Ci.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.16 APPEALS
Chapter 15.16
APPEALS
Sections:
15.16.010
Purpose.
15 .16.015
Conflict of`rovosuons.
,,,,,,,,,,,,,,,,,,,,..
15.16.020Appeals-Where
filed.
5,W030
Coiis� l
15.16.0.111
ffbalCl.m Appeal of the administrative official's decision.
15.16.040
oSGN I m wAppeal of the hearing examiner's decision.
15.16.0511
0.�"p.(D.......................Legislative body action on appeals.
15.16.11110
070 Appeal of decisions by the legislative body.
15.16.070
11811 _Effect of appeals.
15.16408tl
090 Actions not appealable.
Page 152/294
15.16.010 Purpose.
The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this
title. In -the ev.en_ o ,puu the luly�isi gsol ills16 dull,
, tmaoim.: arvwCl t E�ct 1 ui; �1�aul',e� �t u�1,11�,at ¢off'
1.
pu ev ; l,_(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
1 5.16.015 Conflict of Provisions.
In the event off any conflict between;..this ,.Ch ptgr qqr tVa,�� of YM ,.Fi lle 16 the l;TTjyisions ofTitle 16,whafl .11rgy ,i
15.16.020 Appeals—Where filed.
All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the department.
The department shall forward the appeal to the appropriate administrative official, schedule an appeal hearing,
provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for
in this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15 16j.030 .._1 orms,lm(111te:j fmmWamK.
A. Ali appeals ol'fooject:.permit application dem,a,sJ,q,s.,,.lr;tlua.l....lhz1,1� an appeal of'SE IIIA determination or
.Iligniflcancc, shall be consideired together in a consolidwa d_aploonal 4pnJ sh4l1 not be sc rarated 1"irorn the substantive
matters off the application,
1D1"1E05 o
C, mh1 ..
o omngna��ons of .�u�u�oo u,ff,a�ncc under , a �l �. �,,,,.,.��
ua atoa°,� X38 �Mt..• s�oaoll_pn"occc��eas pa�o�al�la;d in_�➢�at
..
ghppp; r in an open o-ccor halon 'l`bC T)UTY)osc off�th candy gird sa;pam��t� �ppcal l�at �n otto8 is to ucsmm,lvc the need ffbu an
envioQanrnental nl�upua;t stuia omroorrvtllf?U"�;b x�ual.la� po°oon(i taaVn imu stoA� u✓ and pua uuuamll review pnou,00 to ffr p<aoatua�n� od°a�ou.
laN S , (Ord. erg 9 -66 § 7.(loau°l)1998)
15.16.11300. 2 Appeal of the administrative official's decision.
A. A Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person or agency
directly affected by any decision of the administrative official or designee may appeal that decision to the hearing
examiner.
B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by
the administrative official or designee. Appeals shall be filed with the department. If a final decision does not
require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision.
C. C Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the department and
shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body
or a department of the city ) c + wrt� y. All appeals shall specifically cite the action being appealed, the error(s) or
issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area
comprehensive plan, this title, or other provisions of law.
DOC.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code Page 153/294
Chapter 15.16 APPEALS
➢). Notice. The department s a I,,
i set Set; a reasonable time and place for hearing of the appeal; aa.ad...-
2 Provide a notice, ppp.„.Jaj Who�eio tbl'r apr,yjgd and �jurlties c
�taprplcd 1.0 nen dce alp ffic�r9e ision, ile,1 p��iknti �� I�����u���G pfl,�txg��yt�..ppdna ..f"�rc��6n��tivt1 notice" and not l a sll ten days,
l!!Jor to the lactalasggt
IT shA4 ,Shallen atA� ..tlne/ tznlven s n,, ami 11na �oflic+aG whcrose tlecn!w'4oug is,li��nt� �ahtprcnale�G c�tgnsnnsl in�n:�.m
days p'riiorlaa dw hearing", g riovided., tharfor ibe ra„waew o�P- a deckion oCthe- nadn'!iill i unaat:ive o['11 ial niinan,le.,
under Type plea 6fls title-shalt be i iaOL
F_- —Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the
hearing examiner all the records pertaining to the decision being appealed from, together with such additional
written report as he_a;tlu shc deems pertinent.
I 1 wa nted to the c.xa nineir'„.aaionag) with therecord ord aim
t��i vlaiint. A appapii �a, �"drrnat aaip�®i➢ lw�, naa ��aae�al and,transmitted
accwc)ltlarice with y".NIC § W08.020 08.lp20 (Q”
&—(], i ` Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those
points cited in the appeal application except te)n~ appeals oQ deci%io nab of tfie ollicit,al made iwa a° Type
( s) reviaawy_...inn which ease die, appeal nahalp-leas de-awyo. The hearing examiner shall render a written decision on the
appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by
the applicant and the examiner. The hearing examiner may affirm or reverse, wholly or in part, or modify the order,
requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the
appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant, the parties of
record, and the official whose decision was appealed, not later than three working days following the issuance of the
final decision.
na:
YL -1---G, Decisions by the Hearing Examiner Shall Be Final Unless Appealed. Except as otherwise
provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to
the legislative body under YMC i 5,4,064,0§6.t�4,0§+ 16,0115 X0-30. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 §§ 53, 54, 1987;
Ord. 2947 § 1 (part), 1986).
15.16.040050 Appeal of the hearing examiner's decision.
A. Appeals. The final decision of the hearing examinerlisted iia YNI( and
on ondei~'YM ` i x.1-64)30, shall be final and conclusive unless it -is -appealed to the legislative body by
a person aggrieved, or by any agency of the citya/van untTM,y, affected by the decision in the following manner:
II, (ii,c c wtw vaygnnw_aEe �a pp 1pn� a ;;mpnpayaa i.w; arP,�tp. ,.dpian �pppa ppy,p�p „Ineapp ninh p� � 4tpwlaa cpo° appy i,r g wn q upG,pN_gy nigW ep;ii,
agar g-,innQljpaaa�,lnw,wpaaat.�; lonrc+�ywppfl,wn) np�,l�t.rp4�,auip�aappl�,Np�.,
The appealing party must file a complete written notice of appeal with the planning department upon
forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of
mailing of the examiner's final decision.
- The notice of appeal shall specify the claimed error(s) and issue(s) that the legislative body is asked
to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not
so identified need not be considered by the legislative body.
law $......_...4 he cit. , .mg ueirg or
rrecne_
b19n'p;Nai4dlaaannar!y,ltC,aplp,.nntp� pndpit,;,up�¢p;nplgplMapt,
B. Appeal Procedures.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.16 APPEALS
Page 154/294
I t, otrte,ta(l w,lccl A,p° )pr gal., "1`lne planning department shall notify the parties of record ai that an
appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of
authorities accompanying the notice of appeal may be obtained from the department.
l..t;rrat
tent ol'.notir e of-I"HedtAppeall...The notice to parties u;n�� shall qui win 16ae.,.FoHw�y�ri��W
a.rmrr°ant a
,tank, :_ 41W. AH parties of record wishing to respond to the appeal may submit a written argument or
G, ,
memorandum to the legislative body within fmirw e Mr i P I i urly days from the date that the notice is mailed,
1 y � am.ny written argument or memorandum shall not include the
hlae uadpl iea�uslaalN i�i�crGluau"� aa a ulm plka��at a�m•la and I
presentation of new evidence and shall be based only upon the facts presented to the examiner.. r iad a. ^.a 1''
file, naotke sh"dl h,(", Sent t afll-alap,CtFVlault.
�:
,iu'+unuuttap+.ul"+nu u�truu �ut�k�tgruBa,iut ��,p iuu�nuuaanp�au"un uuuq;_ee_
a., The appellant or any party of record may submit (ric with [Inc alu.,paa ua tpil,cniTt a written argument or
memorandum of authority within fourteen tKiadays of the date of mailing of the notice to p:aart iesof atfiled
appeal. aacaliwwrint�mouauaR-auati oriluans.a4a l be filed with die aiaa�paa�tuuw�aaa,
1,) R9. bott,a l to ryritten igpgtu�pa�nte aurcB:...Iru�untdac...praalwu„u,�,q. ,.%..!p.rtauu cOutpletio n O tNt _tlwur,t�..a�Mu „�pj,)ugPtud p u"lwwcl for
u
gNagMr k,1n„hl 9tl v,,,. 4q V,tnBV� p1 are�i@a7 �YpYkBB co q�n li�a�eld1"i��l�effl, ,
<pppy.Strc1II stutmu rssions and,^nlu,t,gl apt p"ruarwrded �a„IMee n (Jay iebmtpa,l p eriod (p,taarprrc14, from
dpex arab tqt�,� tl °” �a"rrua.dlac.".
(late uaf,u,yrad,lrpq,u tu.t..plu,. notice ,of' ,..f..ult r6 apwptt,aw,,
Extension o6 tint for w6flm n at, quptat 11k aN�"o n..,at_ppcl_mer nou anduuln.
l, --No written argument or memorandum of authorities may be thereafter submitted except raa-
1 l l , t
fa�ailuaaws:®lluq� �a m°aall�uuata�a� a�uatics���at�ucu~�n��u"al aanauv-u�aa�rre�,t�.ur^� wwr•u�ua�, ,aaru�l-��tlar cru°utt,tw:un r���w u�n,t,��l dinar c�uurC�.
rta,ant.(^md by the department nuaaaya.aat rn� wlia�m r� aonma �auu4 laomaa,aqu .,.atgranraw.„ ww rtBr�7urt.pr°iwws° rnarticsw tua aaklueu=
liatrtrY„Wiaarl ��,, V�'-a'd"r�S,tr�IN'�ai��q'"'d-M�ddt�ali�R��wwk�ll@r'g......"ww1aN^�".ll:-�w+0`Vtrt�`”bY.....Cari4,9111r�4��t�r:.0.br"da�@w�'gfia{ka`e�q�a41a'•'i,r...
-ra�.manu°o�lr� ra l�Q°trau mea
unmet be, sankaaruutlaau�l, lar c w udlawal,�tlr t llua i ��awwewr:pp, recpuests ter extension u�, n put,w,bu,.made no later
than the last date the memoranda would otherwise be due.
The legislative body may grant further extensions on a finding by the legislative body of the
existence of extenuating circumstances which warrant such extensions, N-oticc oat card oxtension
lra#i lacy twaweaB Iai ll park of gvcoa rd Nu:c mnorauala not, �tl
anr„ lBgk, e tl��l pi�w*�"�p�a4 af14� n ����f anya.i:a� VV vi elgds��" drid,l Sr) all.�,be I%aseci tlnli%1�i.on tlae' 1+, c(s l"pre'r.",",lfled to, the,
examiner,
l _ y 9 a �� m ,." q .. wtertSi.o.n a�laaa,l,l be
l C . � :adpp0 i, t �Br q%7hr ¢ad n�rr rad_ art,Ht (dNrn w ru6,__I �rl�xlyll rUtaCI--I mpr 1M-111kA{9q"&ilWdl�Lq�l, n9 d0%BB,:BaI t- C"�,
( q t u notice, A'''d,Vl,qurs lraalm9.0,le rat,rtp raaw,ru_t Ala �i r llenncora natau, atr"ittrcn
+gwagann lar aa�„ n�ur�ticpp,_or1 rmrMm;arpci, and p,lrw° uaaatl,.
aaagprrark.^un9.,
or a.asuo-ul„r°uf wrts :,k,iaall not .%ru 6urdu tlaw page intol.tpaayt wrleRar.aiY uacwm.m4,w„mu,dence and shall be latus( ala flr ,..on
t1,7ac,fiuct prro.,arrac.cal to,rttc cy,rra finer ”
3. l'pm ura.,ki°r mule r e antra to Yt Lx, sla liva°,,amly, When a timely appeal has been filed and the deadline for receipt of
.,,
written memoranda 4unp;;0 gall'extensi a��u,*has passed, the department shall wN44i��n i"rami they s deliver to the legislative
body a copy of the examiner's decision, the evidence presented to the examiner, an gaud io recording of the
hearing before the examiner and any written argument or memorandum of authority which has been received.
(Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 55, 1987; Ord. 2947 § 1 (part), 1986).
15.16.0 50962 lea:...
t m Legislative body action on appeals.
........
an. y General. When the record and the examiner's decision have been transmitted to the legislative body,
the clerk of the legislative body shall schedule a date for a hualaiio;rneitingc 6qs a.lr cord ,pl,rlr , al by the legislative
body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later
than twenty days following the date the legislative body receives the information from the department.
b lyt. d . Public Notice Meeting on Appeals. The clerk of the legislative body shall mail written notice to all
parties of record and the examiner to apprise them of the meeting date before the legislative body.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015, INDEX
—
Yakima Municipal Code Page 155/294
Chapter 15.16 APPEALS
C%(" C, - Site Views. The legislative body may view the site.
Dn l). –Scope of Review. Legislative body review of the facts shall be limited to the record which hi hud ,aaH
aaail,ispl, rieceived.i,aaviaCr,a ul cfll r taspe il°iC rview, a eo v�aaaa?ppea_di piio[Icarb��liM"U 1 r pq c6„ Npc,m
l'ir~latq oadC.r i,iarang anlppncpalcd.,.lur0aaa°�maasiica�l ��py iNia� ps,�:i�ine� iil..ilw
iMaw�°irpllv�rlaiai piae�ntcal to�t�aa�
ex, a:iniirner. The legislative body may request additional information or memoranda in order to reach a decision;
provided, that all parties of record are given an opportunity to respond to the material provided.
l p p . J , pp ?. rd. any a.a spam le nts to the apped d shallll have this
rt
,,,,e ..,, � iw RA9'II' ��G �.."��`�6n19fa awnp. V�"_V�IIf'1Ya4,ll"n 9v la, &A `��; Ill v, cV„ �me
Cnp p iaa�wa ,ulpp a� lip ,s,A:aul,on,,aV.an %w�,l�aapu amQITnC-"i�Conited to licpAgacsgiblJshe1d �ia�lMp, ur�pi
,H ,f�
C,i-i�ors,nan the decision,
a1 to snn,ny pink t ell ..
a�xaipnur�C,i° record aa�..
ai �.,,.1—Action on Appeal. At the public aateiming, 1pp aap,n,r�,c the legislative body may adopt„ amend and adopt,
reject, reverse, or amend and reverse the findings, conclusions, and decision of the examiner, or remand the matter
for further consideration or for the purpose of taking and considering new factual evidence by the examiner. If the
legislative body renders a decision different from the decision of the examiner, the legislative body shall adopt
amended findings and conclusions accordingly. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
070 Appeal of decisions made by the legislative body.
The action of the legislative body on an appeal of the decision of the examiner shall be final and conclusive unless
within'
h rly 4nNeml;:y on days from the date of final action an aggrieved party obtains an appropriate writ of judicial
review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall
provide or pay for, in advance, the cost of preparing any verbatim transcript of proceedings required for judicial
appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of
proceedings for purposes of review by the superior courtas proline in t;�"�u apro aip° it�_�Ot;`-qct" o(Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.16.04008. Effect of appeals.
Filing of an appeal stays all actions of the administrative official or designee on pending applications for
development permits associated with the action or decision being appealed. The filing of an appeal shall not stay the
effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations
and revocations of permits or approvals. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 56, 1987: Ord. 2947 § 1 (part),
1986).
15.16.080' ' 90 Actions not appealable.
A. Generally. Only final actions or decisions of an administrative official or other official may be appealed under
this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making
process by an administrative or other officer under this title are not appealable except as part of the final decision or
action.
C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly
provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the
administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this
chapter be taken of any enforcement action commenced by any party in a court of law. (Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § l (part), 1986).
unci.
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.17 MODIFICATIONS TO EXISTING OR
APPROVED USES OR DEVELOPMENT*
Chapter 15.17
MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT*
Sections:
15.17.010
Purpose.
15.17.020
Modification to permitted development and uses regulated.
15.17.030
Exemptions.
15.17.040
Review of modifications.
15.17.050
Appeals.
* Prior legislation: Ords. 3106, 93-81 and 95-13.
Page 156/294
15.17.010 Purpose.
This chapter establishes provisions for the review of proposed modifications to existing or approved Class (2) or (3)
uses. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 57, 1987: Ord. 2947 § 1 (part), 1986).
15.17.020 Modification to permitted development and uses regulated.
All modifications to existing or approved Class (1) uses or development shall be reviewed as a Class (1) use rather
than under these modification provisions. Minor changes to existing or approved Class (2) or (3) uses or
development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed
below, or may apply directly for review as a Class (2) or (3) use or development. Overlay districts shall not increase
the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply
directly for review as a Class (2) or (3) use or development.
A. The modification will not increase residential density;
B. The tnodil"rcation will not increase the amount of parking by more than ten percent or twenty spaces
(whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may
be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since
the last normal review;
C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be
calculated cumulatively for all previous modifications since the last normal review;
D. The modification will not increase the height of any structure;
E. This limit shall be calculated cumulatively for all previous modifications since the last normal review;
F. The modification will not add a drive-thru facility; and
G. The modification does not include hazardous materials. (Ord. 2010-16 § 14, 2010: Ord. 2008-46 § 1 (part),
2008: Ord. 3019 § 58, 1987: Ord. 2947 § 1 (part), 1986).
15.17.030 Exemptions.
For exemptions from the review processes, see YMC 15.01.040(A). (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 57,
1987: Ord. 2947 § I (part), 1986).
15.17.040 Review of modifications.
A. Submittals. Applications for modification shall follow the submittal requirements for Type (1) review. In
addition, for an approved Class (2) or (3) use or development, the applicant shall submit both the site plan
previously approved by the reviewing official and a new site plan showing the location, size, and type of
modification proposed by the applicant.
INDEXDOM
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
.0
Yakima Municipal Code
Chapter 15.17 MODIFICATIONS TO EXISTING OR
APPROVED USES OR DEVELOPMENT*
Page 157/294
B. Review. Applications for modifications may be administratively and summarily reviewed using the Type (1)
review process, in addition to the following criteria:
Any proposed change in the site design or arrangement:
a. Will not change or modify any special condition previously imposed under Class (2) or (3) review;
b. Will not adversely reduce the amount of existing landscaping or the amount or location of required
sitescreening; and
C. In the determination of the planning department, it will not create or materially increase any adverse
impacts or undesirable effects of the project.
2. All proposed new structures, site improvements, or structural alterations to existing structures or site
improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as
approved under the adjustment or variance provisions.
C. Decision and Notification of Decision. The planning department shall issue a written decision on the
modification application using the Type (1) decision process. In addition, any proposed modification that does not
meet all the requirements of this section shall be denied. The department shall mail its decision to the applicant.
Uses or developments denied under this chapter may submit applications for review under the normal review
provisions for the use. (Ord. 2008-46 § 1 (part), 2008).
15.17.050 Appeals.
Decisions by the planning department regarding approval or denial of administrative modifications may be appealed
as prescribed by the applicable review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly
15.17.060).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.18 EXISTING USES AND DEVELOPMENT
Chapter 15.18
EXISTING USES AND DEVELOPMENT
Sections:
15.18.010
Purpose and intent.
15.18.020
Continuation of existing Class (1), (2), and (3) uses.
15.18.030
Continuation of planned developments—Limitations.
15.18.010
Continuation of construction started.
15.18.050
Modifications to an existing Class (1), (2), or (3) use.
Page 158/294
15.18.010 Purpose and intent.
Within the zoning districts established by this title, or zoning district amendments that may later be adopted, uses
may exist that were legally established prior to the effective date of this title. These may be classified under YMC
Chapter 15.04 as a Class (1), (2), or (3) use in a particular zoning district. This chapter provides for the continuation
of these existing uses even though they have not been through a Type (1), (2), or (3) review process and may not
conform to the development standards of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.020 Continuation of existing Class (1), (2), and (3) uses.
A. Generally. Existing uses shall be permitted to continue provided they remain otherwise lawful.
B. Continuation When an Existing Class (1), (2), or (3) Use is Damaged. Any existing use, including an existing
Class (2) or (3) use, that is damaged or destroyed may be replaced as it was immediately prior to the damage, after
review by the appropriate administrative official or designee; provided, that if the existing use is in a nonconforming
structure, reconstruction of the structure shall occur in accordance with the provisions of YMC 15.19.060. (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.030 Continuation of planned developments—Limitations.
At the time of the effective date of this title there will exist certain uses which have previously been approved and/or
constructed, in whole or in part, as planned developments under the provisions of preexisting ordinances. This
section shall cover the continuation and future use, occupancy, maintenance, modification, and regulation of these
special developments, and supersedes the terms and provisions of any previous ordinance authorizing or approving
said developments.
A. General Policy and Intent. Previously processed and approved planned developments shall be allowed to
continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and
planned development program. Any modifications or changes to such planned development shall, however, render
the entire development subject to the provisions of this title.
B. Designation of Planned Developments for the Purpose of Future Modifications. For purposes of future
modifications, previously approved planned developments which would constitute and can be classified as a Class
(1), (2), or (3) use under the provisions of this title shall, in conjunction with the terms and conditions of their
approval, be considered and are hereby declared to be approved Class (1), (2), and (3) uses. Previously approved
planned developments which by use would not be classified as a Class (1), (2), or (3) use shall be considered and are
hereby declared to be nonconforming uses.
C. Compliance with Terms and Conditions of Approval Required. The terms, conditions, and provisions of the
site plan, planned development program, and enacting ordinance of any previously approved planned development
are declared to be and shall remain in full force and effect as the binding site plan and conditions of approval for
said development. Noncompliance therewith is a violation of the provisions of this title and subject to the penalties
and enforcement provisions of YMC Chapter 15.25.
D. Completion of Planned Developments Required Within Two Years. All previously approved planned
developments which have not been fully constructed and completed in accordance with the terms and conditions of
approval under the provisions of its enacting ordinance, site plan, and program, shall be fully completed and
®®C.
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Chapter 15.18 EXISTING USES AND DEVELOPMENT
constructed in accordance with those terms, conditions, and provisions within two years of the effective date of this
title. Failure to so complete any previously approved plan development shall constitute a forfeiture of all rights,
privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one
year by the administrative official for good cause not within the control of the applicant, developer, or owner of said
planned development. Upon any forfeiture under the provisions of this subsection, all further development,
including the use or occupancy of any land or structure, or the completion of any structure, is subject to full
compliance with the terms and provisions of this title.
E. Voluntary Dissolution of Planned Development. By mutual agreement of the administrative official and
property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a
previously approved planned development. Such requests for forfeiture shall be submitted in writing to the
administrative official. Upon written approval by the administrative official, said planned development shall be
dissolved and declared null and void. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.040 Continuation of construction started.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or
designated use of any structure on which actual construction was lawfully begun prior to the effective date of this
title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual
construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of
any structure for which there exists on the effective date of this title a valid and legally issued permit; provided, that
actual construction commences during the effective period of such permit or one year from effective date of this
title. Authority to proceed under this section is conditioned on all work being done lawfully and carried on diligently
until completion; failure to do so shall constitute a forfeiture of such rights. (Ord. 2008-46 § 1 (part), 2008: Ord.
2947 § 1 (part), 1986).
15.18.050 Modifications to an existing Class (1), (2), or (3) use.
Modifications to an existing Class (1), (2), or (3) use shall be made in accordance with YMC Chapter 15.17. (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
„max
IND Ea
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Yakima Municipal Code
Chapter 15.19 NONCONFORMING USES,
STRUCTURES AND CRITICAL AREAS*
Chapter 15.19
NONCONFORMING USES, STRUCTURES AND CRITICAL AREAS*
Page 160/294
Sections:
15.19.010 Purpose and intent.
15.19.020 Illegal uses, structures and lots not permitted.
15.19.030 Establishment.
15.19.040 Development on existing lots of record.
15.19.050 Continuation of nonconforming uses.
15.19.060 Nonconforming structures.
15.19.070 Change from a nonconforming use to a Class (1), (2), or (3) use.
15.19.080 Change from a nonconforming use to another nonconforming use—Expansion of a nonconforming
use or structure.
15.19.090 Modifications of an approved site plan for a nonconforming use or structure.
15.19.100 Discontinuance of a nonconforming use or structure.
15.19.110 Sale of a nonconforming use or structure.
15.19.120 Critical area nonconforming uses and facilities.
* Prior legislation: Ord. 2007-18.
15.19.010 Purpose and intent.
Within the districts established by this title, or amendments that may later be adopted, there may exist lots,
structures, and uses which were lawful before this title was adopted or amended, but because of the application of
this title, no longer conform to the provisions and standards of the district in which they are located. This chapter
provides for the regulation of these legal nonconforming lots, structures, and uses, and specifies those
circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and
expand. In the case of nonconformities with YMC Chapter 15.27, critical areas specific review provisions are
provided under YMC 15.19.120 that shall be used in lieu of other provisions of this chapter.
Except as otherwise provided, it is the intent of this title to permit legal nonconforming uses or structures to continue
to exist without specific time limitations. Modifications or changes to or involving such nonconformities are subject
to the provisions and policies under YMC Chapters 15.17 and 15.18. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63
(part), 1987: Ord. 2947 § 1 (part), 1986).
15.19.020 Illegal uses, structures and lots not permitted.
Structures, lots, required site improvements, uses and/or developments not legally established or existing as of the
effective date of this title retain their illegal status and must be abated or fully conform and comply with the
procedural and substantive provisions of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord.
2947 § 1 (part), 1986).
15.19.030 Establishment.
The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be
upon the owner of such nonconformity and not upon the county/city. Upon request, the administrative official shall
assist the property owner in locating public records that pertain to the legal status of the nonconformity. (Ord. 2008-
46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986).
15.19.040 Development on existing lots of record.
In any district, any permitted use or structure may be erected on any existing lot or parcel. Provided that no zero lot
line, common wall, duplex, or multifamily development shall be allowed on existing lots of record in the SR and R-
1 zones unless the lot conforms to the minimum lot size requirements in Table 5-2, or the development involves the
replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multifamily
development. This section shall apply even though such lots fail to meet the requirements for area or width, or both,
that are generally applicable in the district; provided, that the setback dimensions of the structure shall conform to
0®Ci*
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Chapter 15.19 NONCONFORMING USES,
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the regulations of the zoning district in which the lot is situated. YMC 15.05.020(B) contains additional provisions
for development on nonconforming lots. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1
(part), 1986).
15.19.050 Continuation of nonconforming uses.
A. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or
expansion of the nonconforming use shall be made in accordance with the provisions of YMC 15.19.070 or
15.19.080.
B. Continuation When a Nonconforming Use is Damaged or Destroyed. When a nonconforming use and
associated structure are damaged, the nonconforming use may be replaced as it was prior to the damage. If the
structure was also nonconforming, the structure may be rebuilt as it was immediately prior to the damage or in a
manner that is more conforming in accordance with YMC 15.19.080. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1
(part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986).
15.19.060 Nonconforming structures.
A. Generally. Any legal nonconforming structure may continue so long as it remains otherwise lawful. A
nonconforming structure other than a required site improvement may be included in and/or changed as part of any
development, or modification to development, subject to review and approval under the procedures and provisions
of this title; provided, that nothing in this section shall authorize the expansion or change of a nonconforming
structure except as otherwise provided for in this chapter. The required site improvements, parking, and signs are
subject to the more specific policies on nonconforming parking and signs in YMC Chapters 15.06 and 15.08, which
shall control and govern.
B. Maintenance of a Nonconforming Structure. Nothing in this chapter shall be construed to restrict normal
structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and
plumbing.
C. Reconstruction of a Nonconforming Structure. When a nonconforming structure is damaged or destroyed, the
administrative official or designee shall issue a development permit allowing the structure to be rebuilt as it was
immediately prior to the damage or in a manner that is less nonconforming; provided, no reconstruction of a
nonconforming structure shall be performed without the issuance of a development permit by the administrative
official. Applications and permits for such reconstruction shall be made in accordance with YMC Chapters 15.11-
Ald ki, 12 that no - e;0itwwe 41,equire4aJ;r_
D. Proof of Compliance. The property owner shall provide the information necessary to reasonably assure the
administrative official or designee that the reconstruction being authorized complies with this section. The
information provided shall include, but not be limited to:
1. A general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact
placement on the lot prior to being damaged;
2. Where a nonconforming use is involved, a written narrative describing the use or uses that existed
immediately prior to damage;
3. An affidavit or certificate that the narrative and site plan accurately represent the nonconforming structure
and/or use as they were immediately prior to damage. The administrative official or designee may approve
reconstruction in conformance with the site plan or in a manner that is more conforming with the provisions and
standards of the zoning district in which it is located. If the administrative official or designee determines that the
requested reconstruction amounts to an expansion of the nonconforming structure, he shall forward the application
to the hearing examiner for review under the provisions of this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 §
1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986).
15.19.070 Change from a nonconforming use to a Class (1), (2), or (3) use.
The following procedures shall be followed for changing a nonconforming use to a Class (1), (2), or (3) use:
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Chapter 15.19 NONCONFORMING USES,
STRUCTURES AND CRITICAL AREAS*
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A. Change to a Class (1) Use. Application for changing a nonconforming use to a Class (1) use shall be made
under the provisions of YMC Chapter 15.13, Type (1) Review.
B. Change to a Class (2) Use. Application for changing a nonconforming use to a Class (2) use shall be made and
reviewed under the provisions of YMC Chapter 15.14, Type (2) Review. The administrative official may approve
the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima
urban area comprehensive plan, the intent of the zoning district and the provisions and standards established herein.
C. Change to a Class (3) Use. Application for changing a nonconforming use to a Class (3) use shall be made and
reviewed under the provisions of YMC Chapter 15.15, 'Type (3) Review. The hearing examiner shall hold at least
one public hearing on the proposed change prior to rendering a decision. The hearing examiner may approve the
proposed Class (3) use when he determines it is compatible with the objectives of the Yakima urban area
comprehensive plan and the purpose and intent of this title. (Ord. 200846 § 1 (part), 2008: Ord. 3019 § 63 (part),
1987: Ord. 2947 § 1 (part), 1986).
15.19.080 Change from a nonconforming use to another nonconforming use—Expansion of a
nonconforming use or structure.
The following procedures shall be followed to change a nonconforming use to a different nonconforming use;
expand a nonconforming use throughout a structure; and/or expand a nonconforming structure or use throughout a
lot or onto an adjoining lot. These procedures shall be used to expand a nonconforming structure throughout a lot;
provided, a structure that is nonconforming only by reason of excessive building height or substandard setbacks, or
is a nonconforming single-family dwelling, may be altered or expanded under the modification provisions of YMC
15.17.020 when the alteration or expansion:
Does not increase the degree of nonconformity of the structure;
2. Complies with development standards of the district in which it is located;
3. The nonconforming structure is occupied by a Class (1) or Class (2) use or is a single-family dwelling or
duplex; and
4. In the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is
fifty percent or less of the existing building area. The provisions of YMC 15.17.020 shall also be used for the
reconstruction of a nonconforming single-family dwelling.
A. Application. The application procedures shall be the same as those established in YMC 15.15.030 for Class
(3) uses. A detailed site plan conforming to the provisions of YMC 15.11.1150 040 shall accompany any applications
required by this section.
B. Public Hearing and Review. The department shall review and process the application under the provisions of
YMC 15.15.040. 1`fi hettring ex.arninner steal h('Ad jai lenaast m ut r l nl� l m huentu�inn�i , llaln� i �� 4, ° , t[iiltw 1�l�ii
hemIngmnatic"; & a longerferias is, al weedi to -am the rmvird nein' not m��'lhinng �w-tl��a3 � ltlt e ttt, t1t�.p,�amtn irro .r stn 4nt Mn 1ta,1Bm
C. Conditions for Approval. The hearing examiner may grant the relief requested if he finds all of the following:
1. That the expansion, change, reconstruction or replacement requested would not be contrary to the public
health, safety, or welfare;
2. That the proposed expansion, change, reconstruction, or replacement is compatible with the character of
the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future
development of the area in compliance with the provisions and the intent of the zoning district;
3. That the significance of the applicant's hardship is more compelling than, and reasonably overbalances,
the public interest resulting from denial of the relief requested;
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C
Yakima Municipal Code Page 163/294
Chapter 15.19 NONCONFORMING USES,
STRUCTURES AND CRITICAL AREAS*
4. That the use or structure was lawful at the time of its inception; and
5. That the value of nearby properties will not be significantly depressed by approving the requested
expansion, change, reconstruction, or replacement.
6. The expansion, change, reconstruction, or replacement requested shall be denied if the hearing examiner
finds that one or more of the provisions in subsections (C)(1) through (5) of this section are not met.
D. Findings and Conclusions. The hearing examiner shall prepare written findings and conclusions stating the
specific reasons for his oir her decision to approve, approve with conditions, or deny the application. The findings
shall include the hearing examiner's determination regarding compliance of the proposed expansion, change,
reconstruction or replacement with the criteria established in subsection C of this section. The In the e"ve vent that the
hearing examiner liwitneaw ui adr�a nl�ann �xi � tpl a �wtl w 7��iwtla tmYv�ln 64�nd qs' ,< �p:,rlre„�t� �� mshafl is�sma a��,
a -ort l rata, ol,
zonfing,re,iew in µww,:w;)rdanwce Mih, NIC 1.5.1 5.0�60 upon approval of andl;ht�, accompanying site plan -
$,b 4j,h pi 1aµ np1 r�,� ved tilt wan Nr�,ttc1�1 � Mrtlitta� :ca���1 21 tu�tw,.% kh tk dt , rr4eteri determination.
....... o
E. Conditional Approval. When approving a change in, or the expansion, reconstruction, or replacement of, a
nonconforming use or structure, the hearing examiner may attach conditions to the proposed change, expansion,
replacement, reconstruction, or any other part of the development, in order to assure that the development is
improved, arranged, and screened to be compatible with the objectives of the Yakima urban area comprehensive
plan, this title, and neighboring land uses. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 §
63 (part), 1987: Ord. 2947 § 1 (part), 1986).
15.19.090 Modifications of an approved site plan for a nonconforming use or structure.
Site plans approved for the change, expansion, reconstruction, or replacement of a nonconforming use or structure
may be modified under the provisions of YMC Chapter 15.17. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part),
1987: Ord. 2947 § 1 (part), 1986).
15.19.100 Discontinuance of a nonconforming use or structure.
A nonconforming use or structure shall become discontinued when it is:
A. Succeeded by a Class (1), (2), or (3) use;
B. Succeeded by another use or structure that is less nonconforming;
C. Discontinued and not reestablished within eighteen months, unless an extension is granted by the
administrative official upon proper application. Denials of such requested extensions may be appealed in the same
manner as Class (2) decisions under YMC Chapter 15.14; or
D. Damaged and application for rebuilding or replacement is not made within eighteen months of such damage
or resolution of court litigation or insurance settlement.
When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus
loses its status as a legal nonconforming use. Any subsequent use shall conform to the provisions of the use district
in which it is located. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord.
2947 § 1 (part), 1986).
15.19.110 Sale of a nonconforming use or structure.
Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the
nonconforming use or use of a nonconforming structure. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.19.120 Critical area nonconforming uses and facilities.
With respect to critical areas, as provided under YMC 15.27.320, they are classified as either conforming uses with
nonconforming structures or areas, or as nonconforming uses, as described in subsection A of this section. Both
types have different review processes and decision criteria, as provided below in subsections B and C of this section.
DOC.
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Chapter 15.19 NONCONFORMING USES,
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A. Classification Criteria. There may be situations that do not conform to the standards or regulations. These
situations are characterized as:
1. Nonconforming Uses. Uses of a structure or land that were lawfully established at the time of their
initiation but are currently prohibited by YMC Title 15 are nonconforming uses, and may utilize structures or
land areas that are also nonconforming. A nonconforming use that is discontinued for any reason for more than
one year shall have a presumption of intent to abandon, shall not be re-established, and shall lose its
nonconforming status unless a variance or administrative adjustment is obtained to extend the length of time
based on documentation showing that an intent to abandon did not exist during the period of discontinuance.
Such a variance or administrative adjustment request may be submitted after the deadline has passed. In the
case of destruction or damage where reconstruction costs exceed fifty percent of the assessed value, the
structure shall not be rebuilt.
2. Conforming Uses with Nonconforming Structures or Areas. These are structures or areas for conforming
uses that were lawfully established at the time of their initiation, but currently do not conform to the bulk,
dimensional, or other development standards. Structures or areas in locations approved under a permit shall not
be considered nonconforming. Nonconforming outdoor areas that have not been used or maintained for five
consecutive years shall lose their nonconforming status and may not be reestablished.
3. Ordinary Care Required. Any nonconforming structure, area, or use may be maintained with ordinary
care according to the provisions in YMC 15.27.140, 15.27.303, and 15.27.304, and does not require additional
review under these nonconforming provisions.
B. Process.
1. Alterations to Conforming Uses with Nonconforming Structures or Areas. These uses shall be allowed
under the following process requirements with the understanding that other permits or reviews may also be
required under this title:
a. Those that do not increase the existing nonconformity and otherwise contbrm to all other provisions
are allowed without additional review under these nonconforming provisions.
b. Those that increase the nonconformity, including establishing additional square footage within a
buffer, are allowed without additional review under these nonconforming provisions; however, an
adjustment must be obtained for the increased nonconformity.
C. Reconstruction or repair of a structure damaged less than seventy-five percent of the assessed value
shall be processed as provided in subsections (13)(1)(a) and (b) of this section.
d. A nonconforming structure which is moved any distance shall be processed as provided in
subsections (13)(1)(a) and (b) of this section.
e. Reconstruction or repair of structures destroyed or damaged seventy-five percent or more of the
assessed value of the structure (not the whole property), including that resulting from neglect of
maintenance or repair, shall be processed under these nonconforming provisions as a Type (2) review
under this title.
2. Alterations to Nonconforming Uses.
a. Alterations to nonconforming uses involving expansion or alteration within an existing structure, but
not including alterations to outdoor areas or expansions of the building's height or square footage, are
allowed without additional review under these nonconforming provisions.
b. Alterations to nonconforming uses, including their nonconforming structures or areas that do not
qualify under subsection (13)(2)(a) of this section, shall be processed under these nonconforming
provisions as a Type (2) review, as provided by this title. ®®C.
INDEX
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Chapter 15.19 NONCONFORMING USES,
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C. Decision Criteria. Decisions on projects that require review under the nonconforming provisions, as identified
under subsection (B) of this section, shall be based on the general decision criteria found in YMC 15.27.311 together
with the criteria below:
1. Decisions on Nonconforming Structures. Applications for conforming uses with nonconforming
structures or areas that are subject to subsection (13)(1)(e) of this section, shall not be approved unless a finding
is made that the project meets all of the following criteria:
a. Using the original location will not place the structure or people in danger of a hazard;
b. The previous structure and any structural shore modification used to protect the structure did not
increase hazards or damage to other properties; and
C. The previous structure and any shore modification used to protect the structure did not cause
significant impacts to the functions and values of the critical area.
2. Decisions on Nonconforming Uses. A nonconforming use may not be altered or expanded in any manner
that would bring that use into greater nonconformity. (Ord. 2008-46 § 1 (part), 2008).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.20 ADMINISTRATION
Chapter 15.20
ADMINISTRATION
Sections:
15.20.010 Purpose.
15.20.020 Administrative official—Duties and powers.
15.20.030 Planning department—Duties and powers.
15.20.010 Hearing examiner Duties and powers.
15.20.050 City of Yakima planning commission.
15.20.060 Legislative body.
15.20.070 No personal liability for acts or omissions.
15.20.080 Coordination with ctt�ow4�a tlya�kk� a° �fgn zst�u f�'u��r.
15.20.090 Entrance onto private property.
15.20.100 Statement of zoning district by city oit:iiitna,),,,officials/reliance limited.
15.20.110 Computation of time.
Page 166/294
15.20.010 Purpose.
The purpose of this chapter is to define the responsibilities and requirements for the administration, enforcement,
and interpretation of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.020 Administrative official—Duties and powers.
A. Office Established. The administrative official or his oil [ ,q- designee shall be that person designated by the
legislative body to enforce the provisions of the building code and administer the assigned provisions of this title.
B. Authority and Duties. The administrative official shall have the following powers and responsibilities:
Receive, examine, and process applications for Class (1) uses;
2. Issue development permits for Class (1) uses in compliance with the provisions of this title. Development
f warn it f i in s RAIWWI IB�j rOvew andai')J)rov'A by theadn in karalive offinimd-o I��«iaa �;vact�m��a�r ��4�t��lllte
nw� ii al.c)nl of`zuuning the
Receive, review, and adjudicate all site plans requiring Type (2) review;
4. Receive, review, and decide applications for temporary hardship unit permits, basic design standard
adjustments, and any other application for permit or approval assigned to him under the provisions of this title;
Perform any other function or duty authorized or assigned to him under this title;
Conduct inspections to determine compliance or noncompliance with the terms of this title;
7. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or
misrepresentation in the application;
8. Stop, by written order, work being done contrary to the development permit or to this title. Such written
order, posted on the premises involved, shall not be removed except by order of the building official. Removal
without such order shall constitute a violation of this title;
9. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful
conversion, construction, reconstruction, alteration, occupancy, maintenance, use, repair, or erection of a
structure or land; and/or restrain, correct, or abate such violation; and
10. Perform any other act or duty authorized or assigned to him under the provisions of this title.
NM
INDEX
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Chapter 15.20 ADMINISTRATION
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All decisions of the administrative official shall be final unless appealed to the hearing examiner under YMC
Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.030 Planning department—Duties and powers.
A. The planning department shall have the following powers and responsibilities:
Issue coa-d. I ates use cleckion's, under the provisions of this title;
2. Receive, record and file all applications for permits, approvals or other action, including ( `lass 'Fyl)e, (2)
and (3) review, and applications for appeals, interpretations, variances and rezones;
3. Review and decide modifications to approved Class (2) and (3) uses and existing Class (1), (2) and (3)
uses under the provisions of Chapter 15.17 YMC;
4. Provide staff support to the city of Yakima planning commission on all long-range planning matters,
proposed ordinance amendments, and rezone applications;
5. Immediately change the official zoning map to accurately reflect any amendments made by official action
of the legislative body;
Provide staff support to the hearing examiner, city of Yakima planning commission, and legislative body;
Perform any other act or duty authorized or assigned to it under the provisions of this title;
8. Maintain the official le dcx re;cor of all permits and approvals under this title. (Ord. 2011-12 § 8, 2011:
Ord. 2010-22 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.040 Hearing examiner—Duties and powers.
A. Office. The office of the hearing examiner, herein referred to as hearing examiner, is hereby recognized. The
hearing examiner shall perform the duties and functions established by this or any other title. Unless the context
requires otherwise, the term "hearing examiner" as used herein shall include deputy examiners and examiners pro
tem. The 1 cc,arl g "� aminer slbkyll bt, ye intlyhAred-a�ml Yakima aihl Yakifvw, County.
B. Authorities and Duties. The examiner shall receive and examine available information, conduct public
hearings and keep a record thereof, and enter decisions as provided for herein.
C. Effect of Decisions.
1. The decision of the hearing examiner on the following matters shall be final unless such decision is
appealed to the legislative body pursuant to YMC 15.16.0411440160:
a. Type (3) review decisions;
b. Variance requests;
C. Home occupations;
d. Revocation proceedings under YMC Chapter 15.24;
e. Nonconforming uses;
f Appeals of decision by the building official or administrative official; and
g. Any other authorized decision not expressly listed in subsection (C)(2) of this section.
2. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the
legislative body; provided, that rezone applications initiated by the city or cotjin y lto implement a newly
adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city
DOC.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. MEX
Yakima Municipal Code
Chapter 15.20 ADMINISTRATION
Page 168/294
of Yakima planning commission. (Ord. 2011-12 § 9, 2011: Ord. 2010-22 § 5, 2010: Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.050).
15.20.050 City of Yakima planning commission.
A. Establishment and Jurisdiction. The city planning commission is organized under RCW Chapter 35.63 and
serves as a citizen advisory group to the legislative bodies on long-range planning matters.
B. Authority and Duties.
1. As the long-range planning body for the city of Yakima, the city planning commission shall monitor the
growth and development of the city of Yakima and continually reevaluate and recommend revisions to the city
of Yakima comprehensive plan and this title;
2. Investigate and make recommendations on other land use matters either requested by the elected officials
or upon its own initiative;
Study and report on all proposed text amendments to this title;
4. Review and report to the Joint boagtleu,,6y.couwred at least once ov ry 1t,w, a aeyearyeors,.r��o��°��e���t��r�,� �:�r� Ple
ciWat r� ���a taxa ����t a�l'tslti lit . This live. ear report shall:
a. Analyze the extent to which development has actually occurred in the city of Yakima and evaluate
this title in terms of its ability to guide growth in conformance with the city of Yakima comprehensive
plan;
b. Recommend any changes in the zoning map which may be required in order to accommodate
expected residential, commercial and industrial development in the Yakima urban area over the next
twenty years;
C. Analyze the need for any other regulations imposed by this title in terms of changed conditions since
the last review;
Advise the legislative body on land use matters;
6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the
concerns of the public, and the decisions of the hearing examiner; and
7. Perform any other function authorized by law. (Ord. 2011-12 § 10, 2011: Ord. 2010-22 § 6, 2010: Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.060).
15.20.060 Legislative body.
The legislative body shall have the following authority and duties:
Decide appeals from the hearing examiner as specified in YMC Chapter 15.16;
Amend this title through the procedures outlined in YMC Chapter 15.23;
Amend the Yakima urban area comprehensive plan; and
4. Perform any other act or duty authorized by law. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986. Formerly 15.20.070).
15.20.070 No personal liability for acts or omissions.
Each person responsible for the enforcement or administration of this title and each official responsible for making
any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to
persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsibilities. If
the person or member is sued for acts or omissions occurring in good faith discharge of his or her responsibilities,
the c„muay/city shall defend and provide legal representation of the person or member until final disposition of the
®®V.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDEX
ill /�/�®
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Chapter 15.20 ADMINISTRATION
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proceedings. The county/city shall reimburse the person or official for any costs incurred in defending against
alleged liability for the acts or omissions of the person or members in the good faith discharge of his or her duties.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.080).
15.20.080 Coordination with asuaatyastro otllaii "uaaii�.�:upwuu5.
A. Purpose. While this title is enacted and administered scl „by the city of Yakima/y'aaNi.irna County,
it u. tn8u.o-ti as sigfidican.l joint: pl'alining ellba-and-the 1°�uu°�h�+,uu�u� ��9 .1a,wuu�lyu.lu�a�lusl��a�Y�a��wai�wcluul���ai ltw�atlmu��a�,
Doilies and uir(finances by the, cit il'Yakiu-na and withi the Ykinfi:taAM�l��u��
purpose of this section is to encourage and to authorize officials performing duties and responsibilities under this
ro y..auilutue.-s aand-�u,aaauuaiuu'�ri e 0,1e,ret'urinlition Of
title to solicit and consider comments from the -other guava°mnu�a,auda�n� a nt�tt�
tho joint...nature of faiatiarwho play have a vested unRt,a_i ,l in the decision unaki ngluyocvss fi'm• l,,,in i use
uiilaln�wat.uuaurMu, iurpc4a��tl��,
uua� liticd.
B. Coordinated Administration. Any official performing duties or responsibilities under the provisions of this
title may solicit, receive, and consider comments by tN, county/61) uuutut, un ,ggyp'ji,quj ,euuiuly on any interpretive,
administrative, enforcement, permit or approval, or other decision under the terms of this title. Uniform and
coordinated administration, enforcement, and decision making under the terms of this title betNAe cn I he c 4 of
^ akivaaa auu l tuau maaau a auuuat uvule lauuu.u@ t.'a �r ®a v�Rl,uuala u�ut lrou lea ysai nail
of 0+k 0 le W)d a'ua;i be cons'ia '!re(l ,as as factor,
luatany uatau"pu���pvu��;�claauruuas'taratiwaa,a�du.puct�,uaaut,,.alu�aa�u•�aaa',las.uwuC.aaa�•�a,�ai�ga�t•u�wv^c6ei�;ustuau"7u.u��du'tlaw..l�uaaw�usi4aauas'muQ t.l:u.N��
fifle. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.090).
15.20.090 Entrance onto private property.
The department and any administrative official, or their authorized representatives, shall have the right of entry onto
any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or
required under the provisions of this title, for the purpose of inspecting and reviewing the premises in question.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.100).
15.20.100 Statement of zoning district by city or county officials/reliance limited.
Any person wishing to know and inquire of the a ;aaaua:/c:ity as to the official zoning district classification allowed by
this title for a specific parcel of property may submit a written request for such information to the appropriate
department on forms prescribed by that department. Such written request shall specify or otherwise identify with
particularity the parcel involved. The department shall respond to such requests and designate, if possible, the
official zoning classification of such property. No person, contemplating the sale or purchase of any property, nor
any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written
representation of zoning district classification by any'u,aaanty/city employee or official except when an official
statement of zoning classification is issued in writing under the provisions of this section. (Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.110).
15.20.110 Computation of time.
In computing any period of time prescribed or allowed by this title, the day of the act, event, or default from which
the designated period of time begins to run shall not be included. The last day of the period so computed shall be
included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next
day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less
than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation. (Ord.
2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.120).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.21 VARIANCES
Chapter 15.21
VARIANCES
Sections:
15.21.010 Purpose.
15.21.020 Application.
15.21.030 Criteria for variance approval.
15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts.
15.21.050 Public hearing by the hearing examiner.
15.21.060 Action by the hearing examiner.
15.21.070 Notice of examiner's decision.
15.21.080 Appeals.
Page 170/294
15.21.010 Purpose.
The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the
requirements of this title; provided, such variance would not be contrary to the public interest, and the strict
application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the
property. It is the intent of this title that the variance be used only to overcome some exceptional physical condition
of land that prevents any reasonable use of the property. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.020 Application.
A written application requesting a variance shall be submitted to the department under the applicable provisions of
YMC Chapter 15.11. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.030 Criteria for variance approval.
A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public
interest, is not self-created, and that practical difficulty and unnecessary hardship will result if it is not granted. The
applicant must clearly establish and substantiate that the request for variance conforms to all the requirements and
standards listed below:
A. That granting the variance will be consistent with the general purpose and intent of this title and will not be
injurious to the neighborhood or otherwise detrimental to the public welfare;
B. That granting the variance will not permit the establishment of any use not permitted in a particular zoning
district;
C. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the
findings, applicable to the land or structures for which the variance is sought. The special circumstances or
conditions must be peculiar to such land or structures and not generally applicable to land or structures in the
neighborhood. The special circumstances or conditions must also be such that the strict application of the provisions
of this title would deprive the applicant of reasonable use of such land or structure;
D. That an unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result
if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be
established on this basis by one who purchases without knowledge of the restrictions. It must result from the
application of this title to the land or structure. It must be suffered directly by the property in question, and evidence
of variance granted under similar circumstances shall not be considered. Neither nonconforming uses nor
neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for
the issuance of a variance;
E. That granting of the variance is necessary for the reasonable use of the land or structure; and
F. That the variance as granted by the hearing examiner is the minimum variance that will accomplish this
purpose. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 64, 1987: Ord. 2947 § 1 (part), 1986).
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. � '"
Yakima Municipal Code Page 171/294
Chapter 15.21 VARIANCES
15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts.
When considering a variance in a floodplain or airport overlay, the hearing examiner shall consider, in addition to
the conditions in YMC 15.21.030, all technical evaluations, standards applying to Y iM Ch,_1 5.27jlar9 Four, ,my Ifi
overlay district, and:
The danger to life and property due to flooding or airport conflicts;
The importance of the services provided by the proposed use to the community;
The necessity to the facility of a waterfront or airport location;
4. The availability of alternative locations for the proposed use which are not subject to flooding or airport
hazards;
The compatibility of the proposed use with existing and anticipated development; and
6. The relationship of the proposed use to the airport master plan and Gla utiyulaaia�a»adu�umaaermuamaml
pupal a uaai l la b010-,yga r fVoonnlpVau n. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.050 Public hearing by the hearing examiner.
A public hearing shall be held and notice provided under the provisions of Y MG,t hmpwf,-55. V YV( Val la 16. The
applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for
continuance of the hearing or denial of the application. Other parties may submit written comments or appear in
person, by agent or attorney. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.060 Action by the hearing examiner.
Within ten days of the conclusion of the hearing, unless a longer period is agreed to in the record or in writing by the
applicant, the hearing examiner shall file a written decision that shall include the following considerations:
The testimony at the public hearing;
2. The extent to which the proposed variance is in compliance with the requirements of YMC 15.21.030 and
15.21.040, if applicable;
3. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the
land or structure; and
4. The consistency of the variance with the general purpose and intent of this title.
The hearing examiner may attach conditions to the approval of a variance to minimize the impacts of such approval
on the neighborhood. The application for a variance shall be denied if the hearing examiner finds that one or more of
the provisions of YMC 15.21.030 are not met. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.070 Notice of examiner's decision.
Copies oftine exa7rnniner's decision �sh�aH the sent by_ccrdfied rnaH to the 4piaVu��a
-------
M11 be sent by uax au uaai to other pau6cs ifreeod inthe case nel kter lh�uiuuee � ly(`q In)tvung,ih.wr,m,.,
qua ml a
�w
nu+�nua h �i:ha
Copies of; t:
„f Ifi naq°tdplete i� ec-J,�uaMo o r sum 1114�r
a•r,�ouo,��,�uuaa� aml as �uutt.. ,� �ta1_n,uuuao.u° t�.
aasaau F 1 c n_dautim�n to the G�,;gl„u�Vaaluy�� i�o`rd�,�.RCgr anrul�ura,a,11hereof
llaafla�a; w,l na�r�,�1„i lka_�l p9"t�ta_ effect ofthe is «a u�sw
,a7glMllae.,
sh-Mli be Iransnraulted w 1bc,nBef, 1x11 o Vmttwl na( ),dila ..�1 . § N (.lnpal)a �atdl, ()u'(1. 91J-81 §. 0, 19193: Oral. 2911,17 S_ ? .
(paa.0i), 1986)
t,"aajpies ofthe asNflV bemaidcd.:to the ��allalr�Qu�aaa�at aau� Fa�aulivaaa° luauluo�a.uC uawa.a�u�afaua�at�Maatoa..9.gaaaua tdaaaauaa._
i a..
t'e hsiRmsie�nHg, the fiVuuarl-a.4"0,1e aiecasioamA 11tt xq mno1-111-1111111111111111.vtua aai ucs�,a'mum�l"r.a�ha@G iaaa�9maa�a CNau� a�laV�lu�tia�at auuna.4 saib...aailuaaua,
peiraaaans who specihissiilly alecisf(, u�a Va��. upuuuaup m ao�lryua�to:�u° puoavm��o1 la�mo� a�uclm puaVaomsaasmt llu�� pamandias-
Gu �amriuwl� 1.11u d �7i1S18 lta el..(lmauu tela w7Of") i 2,947 -1 (pHrt)1986,y,
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
D10C.
INDEX
N,k ) ,..
Yakima Municipal Code
Chapter 15.21 VARIANCES
15.21.080 Appeals.
Page 172/294
Hearing examiner's decisions may be appealed to the legislative body in accordance with YMC Chapter 15.16.
(Ord. 2008,-46 § I (part), 2008: Ord. 2947 § I (part), 198,6).
DOC.
INDEEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.22 INTERPRETATIONS
Chapter 15.22
INTERPRETATIONS
Sections:
15.22.010 Purpose.
15.22.020 Written request for interpretation.
15.22.030 Review by the iuezaria4
! arara'ainrla,lt;l n
15.22.040 Notice of examiner's decision.
15.22.050 Use interpretations.
15.22.060 Interpretations of zoning district boundaries.
15.22.070 Appeals.
Page 173/294
15.22.010 Purpose.
The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title,
the zoning map that it incorporates, and the rules and regulations adopted pursuant to it. (Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § 1 (part), 1986).
15.22.020 Written request for interpretation.
A written request for interpretation of any provision of this title, use or non-use, the zoning map, or any rule or
regulation adopted pursuant to this title, shall be submitted to the department. Each request shall set forth the
specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for
an interpretation. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 52, 1993: Ord. 2947 § 1 (part), 1986).
15.22.030 Review by -the ire oi-ittg-exa vinerijf 2 t s
A, p. teterna_unatliaaaai arfcojr p)etp applj a iom....V 1j�apl�,
a i" y."° 1 i f m w paarpaar9 t,,atlrrp� ulrpap,_
cV�,ptartraacap_t .,laaall tyrttair7 Pl��u, 6rq �-c�aAat. aha � -lu°nva�l„�^ t9ac. ;a � lac�ll�n with ar r iagcnpr�a ter°rrrus„
either complete air°, ialcavira pla ua ar�� @l,ay arab ratl��h r .inn” rr @a.uadoni avlrrl� hip.
tirr. rrrt r°lar p, taatirau� tap phcaaflon k ci.
wy,grrlal,rrp�ke the:appp H a�lk.)n cavraiplaAc for,:. laaara.:a;;asingt in p,ccrnvriaa ice rovwulp.rYINIi.�m�. 15 04f) M.
11 "i°utnsia„r. a.p..' te^ ra;p,aatea �Gaa, a�aatn�aare , F .., e ;pplcatuaron_.k .p lle
canml lctea tht., department shaali, 0� -GV raaceajm al''' call a°a� �Gaa�l l� r aaale��A:mre�atwaaaa; �IIa�VN..
forward all applications for interpretation to the hearing examiner for decision.
1. ietenaahnatiaspr or 'J.rnfl- H 9r, µrrrlpl ., ' tlaira SCM1 bLlSi,ncss �J,,, .latl;� a„sl V„ a1,d9r ,p autatC flrorn Cluaa FlIaurabairag
t^uej!i�m uuuueno 'Fthe hearing examiner shall revic%, Cw, ra°r a�pral aau�tl �'1� lc� urp�iru„fah th r �uwipug§jic [ l,r ing! y��ti�tl. bo
agq loa. t i. w p ” „x. 1.” laaautraactmrrt aea,aapa�rrp�.�y
aorta ai f�tr tlau ataa rn vatl,rarla r la;adrtiaaur"er`i�.raaN alrgq r7ntii' tira B lral�rrrrrrsr 1.�.
D. Vbrriah lialr” P f , d corurr,plwa u,gatltakvd 1 t `� r.., rt lyp�the
r,°mise r•�rN u.r�uca . Iter earn ria , �wru rt^a Lrrrar, r.r a rr� u,lr^atra.av ��a�t
�atap4gg l r.,xpauaatna„r,agr"tll c("ni lnaaa rl_l�a paujj (J jaaaar�ing c n sirlcr' aaary`.ta;S61TIarl)y, p+aabli awprlwtr
�ealt ,rei aryed, aruj
X1,¢,91 issue par 1pmly to n�rltranra ioataa°lira^tltucurl arwl tlrt ura;rata;r r ecmr v arrC�irI ays lu°rwun theconclusion rel the
Public heru°rraa'a,
a' 1
1”, l��tr;lau9rh �la,<tp„war��a rart;_g talylg�tl lrp nllt�^ a w�aal„p:1,6C sr..l~nr�rgp_lt .�i.g.arr rpr�y �tlac �aa^�p,r irr„ c,��°�rrrrracr.i.x rraat r°� Iaraacr' ,_t w,
a oy .. ani r.al dlua frig
of"y°a��rlrr;t U �tarraulrar� k+rwr,iull~a„�liepGl...lariaysl,i,al �ra�.spruti dell ��augrrr}a rpt �an�l aar rralaar�rrr4�tr�rn a°aa,
the I.M. lnc._l,omirne.nt period to the examiner aal the er,udvaa�„tic groa��lrc a�taa��nl � , �u iod The cxarniner shall .
consider ara puip„pcciamcnts or urricrmttua..auacaraadaa,tiai jt, cratmoapeupaal lad;hall issue
f crra aw� aC:ru b,apy, iul�ua,u,aaalytt„ard;<uil paulVaVucca�uu rrucrats fli°anal,._
t°
his or iaaau y a uttcaa interpretation oil the urrattcr uau ti,
tl,u„i�l l,lrg,uuttpp, N 7a g rulata,.
F, Pualbiuc Notice.
V and,public iacau..nrr fcu° pp site a�lata,ulua pyl"rrpaaw at lea tlrioe rq'v gpr th" th laallr k 21
. ;
aa. i�daatiava; aa(rrrta:r° ai°� t rlraaror ...
,rlaarrial° t9c.ta^r°rr ivac tllb tt as trurG llua, 4wa.4:ar°rrl k a 1prarred, and the iurta rpaet„i,;atar�ua,rr,a salves,,,:�n
irr a ap l irur 1 rail use a ainflicalianr,_or site specific tura; Ciay rap°Ywut,rna�a Planning,,I krl�parPrr�r
[�
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. DE's
Ml�
Yakima Municipal Code
Chapter 15.22 INTERPRETATIONS
Page 174/294
a„In4Vlplceavkle„ an,gotadt,anl'p1°ia intexpnetalionn rddpi.nnaipRn' awiaitiaiit and ltihJwkgae.9,aHnuptwa..lhe.person
rartics .yin hhi a 300 it radius ofthe tiva„b w pn.�p ostd has
lsa�eallledlry n✓14 Ch, for- interpres4te Oilln-aaa- to�..
any interested, affected, or concerned agencies or persons spay Cpl'%r d,by,j,h Gu�r�p �plk n � Gnr�iat�a°pi���
dew and a°ewwrramcAt:.
as Notice, dwh upntcrpr�hnabidwin y�i � ,;uie .>pa�n6np piinvpaa�snal vw41101it as piau,inliy llad aai•nrna In iha event that t6aepa
he,,,aring examaaawrnl'n�taprl��Mpr�aw tlluauplu 6� p� aiui uzrcal..Aanpnawaawnp and the wr9,l plsGtAdulyrgria;pVolves.
aain_uuanlerly„inig panel use,nnl;pp°nkattio or,sit wpat,a ih�d; prdipunnsaCp tG,np._t my dwl' Yakhria Nanning_
l ecpalunGinrerpt
shall p�u,nuwaaln,_..n,iaap6CC wat ipr� rrnt aipaidt,autiuunra and reapnnc�w luau®�a���a9,lwn�anC taamtdt ��auarc,�l
requesting hae rprehan6o n. pill ptffeclektpaaades %vithin a-11 00 fl, aaatlaas�,mof tpan, "n,n�lp�leaat n�aimapara aw�,a�nlnw
r,,I.cihieibYCCii165,ardtrai natcinad, ui1�ned, orco ceirred agencies o p, u�nrs y ,0a.t
wpe�,kjcdl by die N7+aa iiiyr e ,aai3nutin n;
c, Notice el' interpretation for rion site specific notua,e and req uest or coirimentr w.run.
naw�_i�t ” lta' aalaca.°uPie ln,r r pada aal, n shall l~nw do „ta�nnwl.ap+p ps r,tpna laa� ai rnaa� at�auanaipn�n:.,.
a y.,..9 ai�blredrnpion of Hearing, hasaeialutiwana,-die-heaniaagexAat"oiare�q raaay, gat paa��na�uia a9r��,aetwabnn, ��c,lneaCanleaaual.
11,ol' l ,a prnhflic hcaar'ing orl aanay Ito rpwrelar6oIli , ",suea.-Notice of any hearing held to consider
1e
an interpretation shall e. aaaara cr�r�au f acre 1enarG-rarwatrmam6,aaa p the, nratan paar„t.aaaan aanaal,,l.published uu1. tVwap
local tic wvn�ptaapava d�anc e at least ten working days prior to the hearing. (Ord. 2008-46 § 1 (part),
2008: Ord. 3019 § 65, 1987: Ord. 2947 § 1 (part), 1986).
15.22.040 Notice of examiner's decision.
A. The hearing examiner shall mail a written copy of his or herinterpretation to the °apapHcaant, the Yakima
C(,rwtllltY
aakima"dataaaty plaiiirrinn (,Iel,)kirt,uaaaua¢.,,tie city oil"Yakima a epatrarnew, aaatal rug auara,anaaia a-I�uuvutil�rga7nacaml�'o�n paaaa°tarn alt_
uanuraa¢°ni,p,nevc.,,dalnpiiei�pd;, tiuuul t:haenn renafiiwraa-ar&urruaalN�nu'aatawu. aupNacwaalaa. Such notice shall be providedwithin
thirty terra htviiniess,_days frora°t the dk0e arp lap aawcawlprt' uup'annn tapspr#icaatpwana 9oa lratcapnu°w, aVuuarttortz usiolf Of ffic public
helalri.nng o r fired eipt o paubadn.coirnii_ e ntn_u"i om the, 1,111g,riaanrn m Divisionwin" no hearing k, r ire slaaird or such longer period of
time as may be agreed to by the t;ity andi. applicant.
B. The hearing examiner shall clearly state the analysis and reasons upon which any interpretation is based and,
if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions
established in YMC § 15.22.050.
C. The department shall keep a copy of each interpretation on file and shall make a copy available for public
inspection during regular business hours. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.22.050 Use interpretations.
The following conditions shall govern the hearing examiner in issuing use interpretations (see YMC 15.04.040);
A. ...... yam.... No atpae nrntaar� rawaatfo n a>ecipip.. .... a, the e(iau,p„na n;ra aat nn�tiau ni �w..aia ftni gnnnu,,.
p
�an naa uwicata.,.estaablislmp,,pir bass
Of” USe WiCliitj Y M(, d°;,l°w l ."t.t' 2. oi- Y A' Ch. p ? kirel Fable 4 - 1 lnp,m0tu.evu;uit that the hec "In°irnpo p ” nn kwr determines that a
prgpo,s,cdl list^prtorprutatwa w..rdlel nenctit by the, addition of ifle''aSd ®d9,aaft ati.r.iWi.ihipn )uaaa,ap l reep,ip_Gim„[nrinpipnt�n.
YMC, rn° a render as die cfsnon dawn w heethe ilne�}aua,rgaaaa,d�al.,niwp_napteµa�pana i nnid;�nua meek's cnp lits ann;w`..
ib,.yln” h'la 9. Ct.;.,, phnn a.wau,i„unrer, w,hp°„ ll ..
ay,k„phc existing wise cantegpl ies v6tln l°pila9c, .i-1, aiiadi Mnk.n ull ca°rGd�cu un„ e 1paat,<nq,c Gt caiaiia n,±in44 ilucni.y.,idi d ,,(-d,C,p of Yaktama
Plaarnr i n Nvisiorrn which sets forth the irecda„yrnrcnu;rnd ed Vaungt.taupc day wises to be added to the ,Yakima ._ an icy pari �„ode.�....
r'ny, i;+.°d diruinii,awirdiaul.wd�iwi by the tC,',6 of yaukh nla heiariima, �,xµuull,�rra iep,rawq�dr »,lail � u�nre.wnr tpnc nut eflmifia?pp to 01t� imat 01
Y,aldipari nalraltncipal Cl,odlc shall be c,e��nrnrnPdl�a°�nl t,lMpsaren�lr slip fee n�ian6V pnuta.'e ss b ilnt City 1puk y;1! kipaa Plaannp'pi„yia�
t.`eiiaanuaivrwrdai".n._:uindl "°�rn,�aauir� t.,ity ("nauannd;nl,.,
l p w ......_._.__No use interpretation shall vary the location or review requirements of any use listed in Table 4-1 or home
occupation listed in Table 4-2.
I ••....... -11 No use interpretation shall permit any use in any zoning district unless evidence is presented which
demonstrates that it will comply with the intent and development standards established for the particular district.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDEX
Yakima Municipal Code
Chapter 15.22 INTERPRETATIONS
Page 175/294
The following conditions shall govern the administrative official in making use interpretations
for the State Fair Park (see YMC 15.04.200):
1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise
identified in YMC 15.04.200(B) is consistent with or similar to those listed prior to issuance of development
permits. Such determination shall be made for the record in a written interpretation.
2. If the administrative official cannot conclusively determine that a new or expanded use is consistent with
or similar to those identified within State Fair Park special definitions, the interpretation question may be
referred to the hearing examiner as provided in this chapter.
3. Uses found by the administrative official or hearing examiner to be consistent with or similar to those
special definitions of YMC 15.04.200(B) shall be subject to the appropriate permit review process and
development standards (see YMC 15.05.020(L)). A use not found to be consistent with or similar to those uses
may be considered by the hearing examiner as an unclassified use within the GC district (see YMC 15.04.040).
(Ord. 2008-46 § I (part), 2008: Ord. 2005-81 § 6, 2005; Ord. 3019 § 66, 1987: Ord. 2947 § 1 (part), 1986).
15.22.060 Interpretations of zoning district boundaries.
The hearing examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries
shown on the official zoning map. The hearing examiner shall use the following rules to interpret the precise
location of any zoning boundary shown on the official zoning map, boundaries shown as following or approximately
following:
A. City limits, platted lot lines or section lines, half -section lines, or quarter -section lines shall be construed as
following such lines.
B. Streets shall be construed to follow the centerlines of such streets.
C. Railroad lines shall be construed to lie midway between the railroad lines' main tracks.
D. Shorelines of lakes, rivers, and streams shall be construed to follow the shoreline and, in the event of natural
change in the shoreline, shall be construed as moving with the actual shoreline.
E. The centerline of streams, rivers, lakes, or canals shall be construed as following such centerlines. In the event
of a natural change in the location of such streams, rivers, or other watercourses, the zoning boundary shall be
construed as moving with the channel centerline.
Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property
to which it accrues. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.22.070 Appeals.
The hearing examiner's decision on an interpretation may be appealed under YMC a .hapkn Ch,, 15.16. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
Do, •
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.23 AMENDMENTS AND REZONES
Chapter 15.23
AMENDMENTS AND REZONES
Sections:
15.23.010
Purpose.
15.23.020
Text amendments.
15.23.030
Rezones—Zoning map amendments.
15.23.040
Appeals.
15.23.050
Classification of annexed lands.
Page 176/294
15.23.010 Purpose.
From time to time, a change in circumstance or condition may warrant a change in the zoning text or map created by
this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the
proposed change would be consistent with the goals, policies, and intent of the Yakima urban area comprehensive
plan. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.020 Text amendments.
A. Initiation. An amendment to the text, standards, procedures or other provisions of this title may be initiated by
action of the legislative body with jurisdiction or the city planning commission,p,!,p naOed for taride Ikima
u,ni' its,,,d CodefyM(.)Thle 16.
B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with
jurisdiction after a recommendation thereon from the city planning commission. Such action shall occur in
accordance with the procedures set forth in RCW Chapter 35.63 au,1d"YMC' ll u ,k 1_ ,,as it now exists or is hereafter
amended. (Ord. 2010-22 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.030 Rezones—Zoning map amendments.
A. Initiation. An amendment to the zoning map may be initiated by:
Resolution of the legislative body with jurisdiction or the city of Yakima planning commission; or
A rezone application filed by the property owner(s).
B. Application. All rezone applications shall be filed with the planning department. The planning department
shall process the application under the provisions of YMC §,15.11.080070 & Tu de V 6. The application shall include
the information required in YMC 15.11.430-020 and the signature of the owner(s) of the property.
C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a
complete application for a rezone, the planning department shall forward the application to the hearing examiner or
city of Yakima planning commission for public hearing and review; provided, that rezone applications initiated by
the city cir co a oy to implement a newly adopted or amended comprehensive plan, or which are of broad general
applicability, shall be heard by the city of Yakima planning commission under the provisions of RCW Chapter
36.70. The public hearing shall be held and notice provided under the provisions of YMC Q 5. V d iiQ0§ II 6,,05 050.
The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for
continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may
submit written comments.
D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the
conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the hearing examiner or
city of Yakima planning commission shall issue a written recommendation to approve, approve with conditions or
deny the proposed rezone. The recommendation shall include the following considerations:
The testimony at the public hearing;
DEQ
1
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code Page 177/294
Chapter 15.23 AMENDMENTS AND REZONES
2. The suitability of the property in question for uses permitted under the proposed zoning;
3. The recommendation from interested agencies and departments;
4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and
policies as adopted in the Yakima urban area comprehensive plan and the intent of this title;
The adequacy of public facilities, such as roads, sewer, water and other required public services;
6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and
The public need for the proposed change.
Notice of the hearing examiner's or the city of Yakima planning commission's recommendation shall be mailed to
the applicant at the address provided on the application form. The decision of the hearing examiner or the city of
Yakima planning commission on rezone applications shall constitute a recommendation to the legislative body.
E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the city of Yakima planning
commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or
reject the hearing examiner's or the city of Yakima planning commission's decision.
The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing
examiner, the city of Yakima planning commission, or desires additional public testimony. Notice of the public
g g' t':` 11dwt 1,p 9t 1. k„ In either case, the findings
hearing shall be even in the manner set forth in YMC � �.�:� i l ll�ltil� ,,gtN � �,
of the legislative body shall include the considerations established in subsection E of this section.
F. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as
practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 2011-
12 § 11, 2011: Ord. 2010-22 § 8, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 67, 1987: Ord. 2947 § 1 (part),
1986).
15.23.040 Appeals.
The decision of the legislative body shall be final and conclusive unless within t1iiny if_wenty one, days from the date
of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior
court for the purpose of reviewing the action taken. The appellant shall provide, or pay the cost of preparing, a
verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties
may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.050 Classification of annexed lands.
The zoning of land hereafter annexed to the city of Yakima shall not change upon annexation; provided, the city
council may initiate and consider a rezone of the property proposed for annexation under this chapter and may adopt
the zone change upon annexation. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.24 REVOCATION OF PERMITS OR
APPROVALS
Chapter 15.24
REVOCATION OF PERMITS OR APPROVALS
Sections:
15.24.010
Authority.
15.24.020
Grounds for permit revocation.
15.24.030
Public hearing by the hearing examiner.
15.24.040
Decision by the hearing examiner.
15.24.050
Notice of examiner's decision.
15.24.060
Permit revocation not an exclusive action.
15.24.070
Appeals.
15.24.080
Violation.
Page 178/294
15.24.010 Authority.
The hearing examiner may, under the provisions of this chapter and upon petition by the administrative official or
the legislative body, revoke or modify any permit, ceoificatc .� c �si�� ��'ow� � v rr��gi�� tJu,cisi r, variance, home
occupation permit, temporary hardship permit, or other permit or approval previously made or granted under this
title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.020 Grounds for permit revocation.
Such revocation or modification shall be made only on one or more of the following grounds;
A. That the approval was obtained by fraud or material misrepresentation; or
B. That the permit or approval is being or has been recently exercised or used contrary to the terms or conditions
of such permit or approval or in violation of any other statute, ordinance, or law and the department's or
administrative official's efforts have been ineffective, (Orel, 2.008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.030 Public hearing by the hearing examiner.
The hearing examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice
of such hearing and its purpose shall be given to the permit holder and the legal title holder of the property at least
ten days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the
property in a conspicuous place and mailed to the last known address of the permit's applicant. (Ord. 2008-46 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.040 Decision by the hearing examiner.
Within ten days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by
the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His c u:'..
her -written decision shall include the following considerations:
The testimony at the public hearing;
The recommendations from interested agencies and departments; and
The grounds for permit revocation established in YMC_a` 15.24.020.
The hearing examiner may, on his own motion or upon request of the permit holder, defer the effective date of any
revocation and grant the permit holder an opportunity to affirmatively demonstrate to the examiner compliance with
this title or correction of any violation. The examiner may grant or impose interim terms and conditions on the
approved use, construction, alteration, or occupancy of the premises covered by the permit or approval. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
NAP
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. .•�
Yakima Municipal Code
Chapter 15.24 REVOCATION OF PERMITS OR
APPROVALS
Page 179/294
15.24.050 Notice of examiner's decision.
Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body
petitioning for permit revocation no later than three days following the decision's filing. (Ord. 2008-46 § 1 (part),
2008: Ord. 2947 § 1 (part), 1986).
15.24.060 Permit revocation not an exclusive action.
This chapter is completely supplemental to other provisions of this title. Provisions herein are neither an exclusive
remedy nor a prerequisite for any other administrative or judicial action authorized under this title. (Ord. 2008-46 §
1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.070 Appeals.
Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with YMC Chapter
15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.080 Violation.
Continued use or occupancy of land or structures after the effective date of any revocation, and with knowledge that
a permit or approval has been revoked under this chapter, constitutes a special violation of this title and is
punishable under YMC 15.25.020(B). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.25 VIOLATIONS AND ENFORCEMENT
AND ADMINISTRATION
Chapter 15.25
VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION
Sections:
15.25.010
Violations unlawful.
15.25.020
Criminal defense penalties.
15,25.030
Civil penalty.
15.25.040
Continued violations—Remedies and penalties.
15.25.050
Persons liable.
15.25.060
Enforcement and administration.
15.25.070
Collection of civil penalties.
15.25.080
Disposition of civil penalties collected.
Page 180/294
15.25.010 Violations unlawful.
Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.25.020 Criminal defense penalties.
A. General Penalties. Any person, firm or corporation violating any of the provisions of this title; violating or
failing to comply therewith; or violating or failing to comply with any order made or issued pursuant thereto (unless
otherwise stated) shall for each and every violation and noncompliance respectively be guilty of a misdemeanor.
Any person so convicted shall be punished for each offense by a fine of not more than five hundred dollars;
imprisonment for not more than ninety days; or both fine and imprisonment; provided, that except for the violations
specified in subsection B of this section and YMC 15.25.060(D), a person not previously convicted of any violation
of this title and who is not convicted of more than one violation shall be punished by a fine only, not to exceed five
hundred dollars.
B. Special Penalty. Any person who continues to use or occupy land or structures with knowledge that a permit
or approval has been revoked under YMC Chapter 15.24 shall, upon conviction thereof, be punished for each
offense by a fine of not less than two hundred fifty dollars nor more than five hundred dollars; by imprisonment for
not more than ninety days; or by both fine and imprisonment. The minimum fine imposed by this section shall not
be suspended or deferred.
C. Abatement. Persons convicted for violations of this title may be ordered by the court to abate any use or
structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner
provided by law. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.25.030 Civil penalty.
In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per
day is hereby imposed upon any person, firm, or corporation that violates the provisions of this title. Such civil
penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to
YMC 15.25.060(C), and shall continue until the violation is corrected. The civil penalty constitutes a personal
obligation of the person or persons to whom the notice of noncompliance set forth in YMC 15.25.060(C) is in effect.
The prosecuting attorney/city attorney, on behalf of the /city, is authorized to collect the civil penalty by use
of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of
additional civil penalties so long as the violation continues.
If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the
building official shall cause a notice of lien to be filed in the Yakima County auditor's office. Said notice of lien
shall contain the legal description of the property and a copy of the notice of violation, together with proof of service
of the notice of noncompliance as set forth in YMC 15.25.060(C). Upon the date of filing such notice of lien, a lien
shall exist in favor of the city ar-coumy, ioWh kIlvVe to secure the payment of the civil penalty
imposed by this title. Any person who takes or acquires any interest in said property subsequent to filing of-sald.—
WDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.E
Yakima Municipal Code Page 181/294
Chapter 15.25 VIOLATIONS AND ENFORCEMENT
AND ADMINISTRATION
notice of lien shall take subject to said lien. The lien may be foreclosed by the corr 0y/city in the manner provided by
law for the foreclosure of mortgages. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.25.040 Continued violations—Remedies and penalties.
Any imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person,
firm, or corporation shall be required to correct such violation or defects.
A. Each seven-day period in which a violation continues after the effective date for correction, as set forth in the
notice of noncompliance provided in YMC 15.25.060, shall constitute a separate criminal offense unless time for
correction is otherwise expressly extended in writing by the building and enforcement official, or unless otherwise
stayed as authorized under this title; provided, that where the building and enforcement official has ordered any
work or occupancies or where any certificate or permit of approval has been revoked or suspended, each and every
day that such work or occupancy continues or is permitted to continue shall constitute a separate criminal offense.
B. Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty
as set forth in YMC 15.25.030, in the amount of fifty dollars per day from the date set for correction, pursuant to
said provisions, until the violation is corrected.
C. In addition to any criminal or civil proceedings authorized under this chapter to enforce this title, and in
addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be
enjoined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of
such actions, violations of this title are declared to be public nuisances.
D. The prosecuting attorney/city attorney, on behalf of the t°ounrr y/city and the public, may pursue civil remedies
to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title
may pursue civil remedies as provided herein; as otherwise provided by law to enforce compliance with; or recover
damages for its violation; provided, that a private person may not pursue to enforce the civil penalty as set forth in
subsection B of this section and in YMC 15.25.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.25.050 Persons liable.
The owners, lessees, or tenants of any building, structure, premises, or part thereof, and the architect, builder,
contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or maintains after
notice a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in
YMC 15.25.020 and may be held jointly and severally liable in civil action brought to enforce the provisions of this
title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.25.060 Enforcement and administration.
A. General. The administrative official is hereby authorized and directed to enforce the provisions of this title.
The administrative official may employ, appoint, and designate such employees, representatives, or officers to act on
his or h(. -,r behalf in the enforcement of this title under such control and supervision as the administrative official may
specify. Any reference herein to the administrative official shall also refer to his or 1i(w'_duly authorized
representatives. The administrative official or his or her authorized representatives shall, either upon complaint or
upon his ._or Ircr own initiative, investigate potential violations of this title. It shall be the duty of all the city/cotan y
officers to assist the administrative official or his or"he'r authorized representatives in the performance of this duty. It
shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and
its provisions.
B. Entrance onto Private Property. When necessary to perform any of his rr errr heir duties under this title or to
investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the
administrative official may enter onto property to inspect the same or to perform any duty imposed or authorized by
this title; provided, that if such building or premises be occupied and not a public place he shall first present proper
credentials and request entry, and if such building or premises be unoccupied he shall first make a reasonable effort
to locate the owners or other persons having charge or control of the building or premises and request entry. If such
entry is refused, the administrative official or his c, rrm her authorized representative shall have recourse to every
®®CB
INDEX
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.25 VIOLATIONS AND ENFORCEMENT
AND ADMINISTRATION
Page 182/294
remedy provided by law to secure entry. The right of entry authorized for this section extends to any employee,
officer, or person who accompanies the building and enforcement official or his oiii, fin n authorized representatives..
All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the
administrative official to the property, premises, and/or structures involved during any period of construction,
improvement, or change, for inspections to assure compliance with this title and any conditions of approval for such
permit or approval. The administrative official may enter onto private property, premises, and/or structures during
any such period of construction, improvement, or change being done pursuant to a permit or approval for such
purposes; provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior
to entry.
C. Notice of Noncompliance. If the administrative official determines that any activity, condition, structure, or
use exists that does not conform to the provisions of this title, he may issue a notice of noncompliance directed to
the record owner of the property and/or to such other persons as are causing or contributing to such noncompliance.
A notice of noncompliance shall contain:
1. The name and address of the record owner or other person to whom the notice of noncompliance is
directed;
2. The street address when available or a legal description sufficient for identification of the structure,
premises, or land upon which the noncompliance is occurring;
3. A statement of the action required to be taken as determined by the administrative official and a date for
correction, which shall be not less than three weeks from the date of service of the notice of noncompliance
unless the administrative official has determined the noncompliance to be immediately hazardous;
4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against
the person or persons to whom the notice of noncompliance is directed for each and every day following the
date set for correction on which the noncompliance continues; and
5. A statement that the administrative official's determination of noncompliance may be appealed to the
hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with
YMC Chapter 15.16, that such appeal shall be filed with the department issuing the notice within fifteen days
of service of the notice of noncompliance, and that the per diem civil penalty shall continue to accrue during
the pendency of such administrative appeal but is dependent on the outcome of the appeal; and
6. A statement that the civil penalty constitutes a lien on the property where the violation is occurring and
that such lien may be foreclosed and property sold to satisfy said lien and penalty.
The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally, in
the manner provided for by personal services of summons and complaints, or by mailing a copy of the notice of
noncompliance by certified mail, postage prepaid, return receipt requested, to such person at his or Jier last known
address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person making service, declaring the time, date, and manner by which service was made.
A notice of noncompliance issued pursuant to this section constitutes the determination from which an
administrative appeal may be taken pursuant to the provisions of YMC Chapter 15.16. The cumulative civil penalty
provided for in YMC 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but
shall be dependent on the outcome of the appeal.
For good cause shown, the administrative official may extend the date set for correction of the notice of
noncompliance; provided, that such an extension shall not affect or extend the time in which an administrative
appeal must be commenced, nor shall such extension be for a period of time in excess of one hundred eighty days.
D. Stop Orders. If the administrative official determines that any activity is being established or any
improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity.
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Chapter 15.25 VIOLATIONS AND ENFORCEMENT
AND ADMINISTRATION
The administrative official shall prominently post this order on the subject property and shall make reasonable
attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant
thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered.
When any order to stop activity has been posted on the subject property it is unlawful for any person with active or
constructive knowledge of the order to conduct the activity or do the work covered by the order until the
administrative official has removed the posted copy of the order and issued a written authorization for the activity or
work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of
YMC 15.24.020.
E. Citations. Whenever the administrative official determines that administrative effort to correct violations of
this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceedings for such
violation or violations. In addition to any other means authorized by law for initiation of criminal complaints, the
administrative official has the authority to issue and serve a citation when the violation is committed in his_oam_llve'r
presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation
he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations
shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The
administrative official is hereby granted the authority to and shall directly file such citations in a court of competent
jurisdiction, which filing shall constitute a lawful complaint for initiating a criminal charge for violation of the
ordinance codified in this title. The court shall issue process for the attendance of the person charged as otherwise
allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the
appropriate jurisdiction to prosecute such cases in the name of the city /co ura 9 y. (Ord. 2008-46 § 1 (part), 2008: Ord.
3019 § 68, 1987; Ord. 2947 § 1 (part), 1986).
15.25.070 Collection of civil penalties.
The administrative official and the prosecuting authority of the c(')un ,W4city are hereby authorized to take action to
collect and/or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil penalty
would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle or
compromise any civil penalty in an amount deemed appropriate by such authority. (Ord. 2008-46 § 1 (part), 2008:
Ord. 2947 § 1 (part), 1986).
15.25.080 Disposition of civil penalties collected.
Any civil penalties assessed herein and collected shall be paid into the general fund of the vouwy/city. (Ord. 2008-
46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
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Chapter 15.26 LAND DEVELOPMENT FEES
Chapter 15.26
LAND DEVELOPMENT FEES
Page 184/294
Sections:
15.26.010 Interest—Land development fees.
A. Intent. It is the purpose of this chapter to consolidate land development fees formerly charged under
environmental checklists and statements, as well as fees for street and alley vacations, shoreline permits, and
pedestrian skybridges into one chapter. Consolidation will provide easy access to related charges and create a
simplified means for future fee adjustments.
B. Land Use Application Fees.
Land Use Permit Type 2011 City Fee
Zoning Ordinance (YMC 15)
Administrative adjustments
$340.00
Class 2 review
$365.00
Class 3 review
$700.00
Variance
$700.00
Rezone (base rate)
$560.00
Critical area review
$200.00
Interpretation with hearing
$435.00
Modification of approved use
$100.00
Nonconforming use/building
$280.00
Overlay districts
$340.00
Planned development
$560.00
Shoreline permit
$355.00
"Fees for zoning applications are consolidated using the highest fee
only.
Subdivision Ordinance (YMC 14)
Preliminary long plat (base rate)
$380.00
Preliminary short plat
$340.00
Long plat alteration or easement release
$380.00
Binding site plan, preliminary
$420.00
Final long plat, binding site plan
$270.00
Final short plat
$90.00
Short plat alteration or easement release
$245.00
Short plat exemption
$145.00
Right-of-way vacation
$420.00
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
Yakima Municipal Code
Chapter 15.26 LAND DEVELOPMENT FEES
Land Use Permit Type
2011 City Fee
State Environmental Policy Act (VMC 6.88)
SEPA checklist
$265.00
Other Applications
Comprehensive plan amendment (base)
$500.00
Appeals to city council
$340.00
Appeals to hearing examiner
$580.00
Parade and special event permit
$0.00
Traffic concurrency
$250.00
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(Ord. 2011-02 § 1 (Art. A), 2011; Ord. 2005-84 § 1, 2005: Ord. 2001-76 § 2, 2001: Ord. 99-13 § 1, 1999; Ord. 98-9 § 1, 1998; Ord. 97-09 § 1,
1997: Ord. 96-19 § 1, 1996; Ord. 95-5 § 1, 1995; Ord. 94-7 § 1, 1994: Ord. 93-10 § 1, 1993).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015
Yakima Municipal Code
Chapter 15.27 CRITICAL AREAS*
Sections:
Chapter 15.27
CRITICAL AREAS*
Part One. General Provisions
15.27.100
Chapter and authority.
15.27.110
Language interpretation.
15.27.120
Purpose of chapter.
15.27.130
Intent of chapter.
15.27.140
Applicability.
15.27.150
Science and protection of anadromous fish.
15.27.160
Administrative authority.
15.27.170
Severability.
Part Two. Definitions
15.27.200 Definitions generally.
Part Three. Application and Review Procedures
Article I. General Provisions
15.27.300 Critical area development authorization required.
Article Il. Inquiry and Early Assistance
15.27.301 Critical area identification form and critical areas report requirements.
15.27.302 Preapplication conference.
Article III. Abbreviated Review Alternatives
15.27.303 Minor activities allowed without a permit or exemption.
15.27.304 Documented exemption—Procedural requirements.
15.27.305 Documented exemptions for hydrologically related critical areas and wetlands.
15.27.306 Documented exemptions for geologically hazardous areas development authorizations.
15.27.307 Mitigation requirements.
Article IV. Review Process
15.27.308 Application submittal.
15.27.309 Determination of review process.
15.27.310 Development authorization—Review procedure.
15.27.311 Authorization decisions—Basis for action.
15.27.312 Conditional approval of development authorization.
15.27.313 Fees and charges.
Article V. Critical Areas Reports
15.27.314 Critical area report requirements.
15.27.315 Supplemental report requirements for specific critical areas.
Article VI. Permit Review Criteria
15.27.316 Standard development permit.
15.27.317 Adjustment.
15.27.318 Reasonable use exception.
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Yakima Municipal Code
Chapter 15.27 CRITICAL AREAS*
15.27.319 Minor revisions to approved uses or development.
15.27.320 Nonconforming uses and facilities.
15.27.321 General critical areas protective measures.
Part Four. Flood Hazard Areas
Article I. Flood Hazard Areas—General Provisions
15.27.400
Flood hazard areas established.
15.27.401
Principles.
15.27.402
Applicability.
15.27.403
Documented exemptions.
15.27.404
Interpretations.
15.27.405
Compliance.
15.27.406
Warning and disclaimer of liability.
15.27.407 General standards.
15.27.408 Specific standards.
Article II. Flood Hazard Protection Standards
Article III. Floodway Fringe Uses
15.27.409
Permitted uses.
15.27.410
Prohibited uses.
15.27.416
Article IV. Floodway Uses
15.27.411
Permitted uses.
15.27.412
Prohibited uses.
15.27.413
Nonconforming uses and facilities.
Article V. Flood Hazard Protection Administration
15.27.414
Administration.
15.27.415
Authority.
15.27.416
Permit—Required.
15.27.417
Permit—Application.
15.27.418
Permit—Review.
15.27.419
Use of available data.
15.27.420
Limitations.
15.27.421
Permit—Expiration and cancellation.
15.27.422
Performance bonds.
15.27.423
Appeals.
15.27.424
Coordination.
Article VI. Elevation and Floodproofing Certification
15.27.425 Applicability.
15.27.426 Certification form.
15.27.427 Information to be obtained and maintained.
15.27.428 Certification responsibility.
Article VII. Flood Hazard Variances
15.27.429 Procedure.
15.27.430 Variance limitations.
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DOC.
INDEX
Yakima Municipal Code
Chapter 15.27 CRITICAL AREAS*
15.27.431
Conditions for authorization.
15.27.432
Administrative official's decision.
15.27.433
Notification and final decision.
15.27.434
Power to refer decisions.
15.27.435
Appeals.
15.27.436
Federal flood hazard map correction procedures.
Part Five. Fish and Wildlife Habitat and the Stream Corridor System
15.27.500 Purpose and intent.
15.27.501 Protection approach.
Article I. Introduction
Article II. Designation and Mapping
15.27.502
Hydrologically related critical area features.
15.27.503
Habitat and habitats of local importance.
15.27.504
Functional properties.
15.27.505
Streams, lakes and ponds typing system.
15.27.506
Wetland rating system.
15.27.507
Maps.
Article 111. General Development Standards
15.27.508 Prohibited uses.
15.27.509 General policies and standards.
Article IV. Water Dependency Development Standards and Buffer Requirements
15.27.510
Use classifications.
15.27.511
Water -dependent uses.
15.27.512
Water -related uses.
15.27.513
Non -water -oriented uses.
15.27.514
Vegetative buffers.
Article V. Land Modification Development Standards
15.27.515
Roads, railroads, and parking.
15.27.516
Utility transmission lines and facilities.
15.27.517
Shore stabilization.
15.27.518
Dredging and excavation.
15.27.519
Filling.
15.27.520
Commercial mining of gravel.
15.27.521
Reclamation.
Part Six. Wetlands
15.27.600
Purpose and intent.
15.27.601
Designating and mapping.
15.27.602
Protection approach.
15.27.603
Wetland functions and rating.
15.27.604
Compensatory mitigation requirements.
15.27.605
Wetland mitigation banks.
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Yakima Municipal Code
Chapter 15.27 CRITICAL AREAS*
Part Seven. Geologically Hazardous Areas
15.27.700 Purpose and intent.
15.27.701 Mapping and designation.
15.27.702 Geologically hazardous areas protection approach.
15.27.703 Development review procedure for geologically hazardous areas,
15.27.704 General protection requirements.
Part Eight. Critical Aquifer Recharge Areas (CARA)
15.27.800 Purpose and intent.
15.27.810 Mapping.
15.27.820 Protection approach.
* Prior legislation: Ord. 2008-04,
Part One. General Provisions
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15.27.100 Chapter and authority.
This chapter is established pursuant to RCW 36.70A.060 (Growth Management Act Natural Resource Lands and
Critical Areas—Development Regulations), RCW Chapter 43.21C (State Environmental Policy Act), and federal
requirements for eligibility in the National Flood Insurance Program, pursuant to Title 42 of the Code of Federal
Regulations (CFR). This chapter shall be known as the "critical areas ordinance of the city of Yakima, Washington."
(Ord. 2008-46 § 1 (part), 2008).
15.27.110 Language interpretation.
Unless specifically defined in Part Two (YMC 15.27.200), words, phrases and terms in this chapter shall be
interpreted to provide meaning and to give this chapter its most reasonable application.
1. "Shall" is mandatory;
2. "May" is discretionary and does not impose a requirement;
3. "Should" is always advisory;
4. "Include(s)" means the containment within as a subordinate part of a larger whole.
When not inconsistent with the context, words used in the present tense include the future; the singular includes the
plural; and the plural, the singular. (Ord. 2008-46 § 1 (part), 2008).
15.27.120 Purpose of chapter.
The purpose of this chapter is to establish a single, uniform system of procedures and standards for development
within designated critical areas within the incorporated city of Yakima and its urban growth area. (Ord. 2008-46 § 1
(part), 2008).
15.27.130 Intent of chapter.
A. This chapter establishes policies, standards, and other provisions pertaining to development within designated
critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development
regulated under the National Flood Insurance Program. Wetlands, streams, stream corridors and rivers; areas with a
critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas; frequently
flooded areas; and geologically hazardous areas constitute the city of Yakima's critical areas pursuant to WAC 365-
190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because
they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural
resource base. The policies, standards, and procedures of this chapter are intended to:
1. Preserve development options within designated critical areas where such development will result in the
level of "no net loss" of the functions and values of the critical areas;
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Chapter 15.27 CRITICAL AREAS*
2. Where appropriate, avoid uses and development which are incompatible with critical areas;
3. Prevent further degradation of critical areas unless the degradation has occurred beyond feasible
protection;
4. Conserve and protect essential or important natural resources;
5. Protect the public health, safety, and general welfare;
Further the goals and policies of the Yakima urban area comprehensive plan;
7. Implement the goals and requirements of the Washington Growth Management Act (RCW 36.70A), and
the National Flood Insurance Program (CFR Title 42);
Recognize and protect private property rights; and
9. Provide development options for landowners of all existing lots to the greatest extent possible, through
the establishment of adjustment, reasonable use, and nonconforming use and facility provisions.
B. The policies, standards and procedures of this chapter are not intended to:
1. Regulate the operation and maintenance of existing, legally established uses and structures, including but
not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of
this chapter;
2. Result in an unconstitutional regulatory taking of private property;
3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the
effective date of this chapter, unless improvement of the buffer is needed for new development proposed on the
property;
Presume that regulatory tools are the only mechanism for protection; or
Prohibit the use of valid water rights. (Ord. 2008-46 § 1 (part), 2008).
15.27.140 Applicability.
A. The provisions of this chapter shall apply to any new development, construction, or use within the
incorporated portion of the city of Yakima and its urban growth area designated as a critical area and upon any land
mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this
chapter does not apply to the situations below, except that the flood hazard protection provisions of Part Four of this
chapter will continue to apply as determined by YMC 15.27.400 through 15.27.406:
1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully
established prior to the adoption of this chapter, as provided below, but which would be subsequently
prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be
classified as legally nonconforming uses.
2. It is the intent of this chapter to permit these pre-existing legally nonconforming uses and structures to
continue until such time as conformity is possible:
a. Critical areas on federally owned lands are not subject to the provisions of this chapter;
b. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter
the environment or require a dedicated staging area, use area, or route (including temporary signs) are not
subject to this chapter;
C. Mining, as defined in YMC 15.27.200, which is carried out under a Washington Department of
Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this
®®C.
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Chapter 15.27 CRITICAL AREAS*
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chapter for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected
geologic hazard areas. Other critical areas provisions continue to apply.
B. The adoption and amendment dates of the relevant regulations are provided below:
1. Critical areas ordinance adopted 1998;
2. Flood hazard ordinance adopted 1981; and
3. Other rules and regulations, including the city of Yakima subdivision ordinance (YMC Title 14), the city
of Yakima urban area zoning ordinance (YMC Title 15), and the buildings ordinance (YMC Title 11), shall
remain in full force and effect as they apply to a designated critical area. Wherever the requirements of this
chapter conflict with the requirements of the Yakima urban area zoning ordinance, the subdivision ordinance or
any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply. (Ord.
2008-46 § 1 (part), 2008).
15.27.150 Science and protection of anadromous fish.
This chapter has been updated consistent with the requirements for using the best available science and protection of
anadromous fish as required by:
A. RCW 36.70A.172, Critical Areas—Designation and Protection—Best Available Science to Be Used; and
B. WAC 365-195-900 through 365-195-925, Growth Management Act—Procedural Criteria for Adopting
Comprehensive Plans and Development Regulations—Part 9—Best Available Science. (Ord. 2008-46 § 1 (part),
2008).
15.27.160 Administrative authority.
A. The city of Yakima community :wldevelopment department—code administration and planning
division shall be responsible for the general administration of this chapter. The director of the community w d-.
ec,o rion-iic development department or the director's designee shall serve as the administrative official of this
chapter. The administrative official shall establish procedures for implementation of this chapter.
B. A written request for an interpretation of any provision of this chapter may be submitted to the administrative
official. Each request shall set forth the specific provision(s) to be interpreted, and the facts of the specific situation
giving rise to the request. Interpretations shall be processed in accordance with YMC Chapter 15.22, Interpretations.
(Ord. 2009-42 § 1, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.170 Severability.
If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid,
the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances
shall not be affected. (Ord. 2008-46 § 1 (part), 2008).
Part Two. Definitions
15.27.200 Definitions generally.
Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all
critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard
administration, in which case the definition only applies to that situation.
"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even
though the area of contact may be only a point.
"Adjacent" means to be nearby and not necessarily abutting.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a
cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley; where a tributary
stream is near or at its junction with the main stream; or wherever a constriction in a valley abruptly ceases or the
®®C.
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Chapter 15.27 CRITICAL AREAS*
gradient of the stream suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream
and it slopes gently and convexly outward with gradually decreasing gradient.
"Applicant" means a person, party, firm, corporation, or other legal entity that proposes development, construction,
or use on a parcel of property.
"Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private
or public water supply.
"Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the
bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface
elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect
a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels
along the cross-section.
"Base flood," for purposes of administering Part Four, means the flood having a one percent chance of being
equaled or exceeded in any given year. (See IBC Section 1612.2.)
"Base flood elevation," for purposes of administering Part Four, means the elevation of the base flood, including
wave height, relative to the National Geodetic Vertical Datum, North American Vertical Datum, or other datum
specified on the Flood Insurance Rate Map. (See IBC Section 1612.2.)
"Basement," for purposes of administering Part Four, means any area of the building having its floor subgrade
(below ground level) on all sides. (See IBC Section 1612.2.)
"Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation
ditches, canals, stormwater run-off devices, or other artificial watercourses except where they exist in a natural
watercourse that may have been altered by unnatural means.
"Bedrock" means the solid rock underlying unconsolidated surface materials.
"Berm" means a mound or wall of earth material used as a protective barrier or to control the direction of water
flow.
"Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and
structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts
to the environment.
"Bioengineering" means project designs or construction methods, which use live woody vegetation or a combination
of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid
within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian
environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock
may be allowable to provide stability for the establishment of vegetation.
"Breakwater" means a fixed or floating off -shore structure that protects the shore from the forces of waves or
currents.
"Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of
concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
"Building official" means the manager of the code administration and planning division or a designee.
"Channel" means an open conduit, either naturally or artificially created, which periodically or continuously
contains moving water, or which forms a connecting link between two bodies of water.
INDEX
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Chapter 15.27 CRITICAL AREAS*
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"Classification" means value and hazard categories to which critical areas and natural resource lands will be
assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a parcel of land.
"Compaction" means compressing soil or other material through some mechanical means to make it denser.
"Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other
improvements within a parcel of land.
"Construction materials," for the purpose of Part Four, means all new construction and substantial improvements
shall be constructed with material and utility equipment resistant to flood damage. See Technical Bulletin 2-93 for
qualifying materials. (FEMA Section 60.3(a)(3)(ii))
"Construction methods," for the purpose of Part Four, means all new construction and substantial improvements
shall be constructed using methods and practices that minimize flood damage.
"Critical aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) used for potable
water or areas where a drinking water aquifer is vulnerable to contamination that would affect the potability of the
water.
"Designated" means formal legislative action to identify and describe a critical area.
"Department" means the city of Yakima department of community flrfld econm idv development.
"Development" means the division of land into lots or parcels in accordance with the city's subdivision ordinance
(YMC Title 14), and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral
materials, or other permanent or temporary modification of a parcel of land up to, but not including, "construction"
as defined in this chapter. For the purpose of YMC 15.27.400 through 15.27.436, "development" also means any
manmade change to improved or unimproved real estate located within a special flood hazard area, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or
permanent storage of equipment and "works" as defined in this chapter. (See IBC Section G 201.2)
"Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a
levee.
"Dock" means a structure built over or floating upon the water and used as a landing place for boats and other
marine transport, fishing, swimming, and other recreational uses.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth
of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include
excavation for mining within a pond created by a mining operation approved under this chapter or under a local
zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits were
required for such operations.
"Earth material" means any rock, natural soil, organic material or combination thereof.
"Enhance" means to strengthen any of the basic functional properties listed in YMC 15.27.504 that exist but do not
perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function
achievable for a specific segment of stream corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association,
usually thirty days or less per year. The lack of any groundwater association results in a lack of distinctive riparian
vegetation compared to the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water, or ice.
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Yakima Municipal Code
Chapter 15.27 CRITICAL AREAS*
"Excavation" means the mechanical removal of earth material.
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"Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete
rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the
ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization
structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed
manipulation for irrigation diversions shall not be considered fill.
"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from
the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood hazard permit" means written approval applied for and obtained in accordance with such rules and
regulations as are established under this chapter.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that
includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood_
"Floodplain" means a land area adjoining a river, stream, watercourse or lake which has been determined likely to
flood. The extent of the floodplain may vary with the frequency of flooding being considered as per FEMA FIRM
maps. "Floodplain" is synonymous with the one -hundred -year floodplain and means that land area is susceptible to
inundation with a one percent chance of being equaled or exceeded in any given year.
"Flood -prone" means a land area for which a floodway and floodplain has not been determined with respect to any
specific flood frequency, but for which the potential for flooding can be identified by information observable in the
field, such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic
evidence or other data.
"Fluodprouffng," fur purposes of administering Part Four, cnearis any combination of structural and nonstructural
changes or adjustments to structures, which reduce or lessen flood damages to lands, water or wastewater treatment
facilities, structures and contents of buildings.
"Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
"Floodway fringe," for purposes of administering Part Four, means that portion of a floodplain which is inundated
by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters.
"Grade" means the vertical location of the ground surface,
"Grade, existing" is the current grade in either its undisturbed, natural condition or as disturbed by some previous
modification.
"Grade, finish" is the final grade of the site which conforms to an approved plan.
"Grade, natural" is the grade as it exists or may have existed in its original undisturbed condition.
"Grade, rough" is a stage where grade conforms approximately to an approved plan.
"Grading" means any excavation, filling, or combination thereof.
"Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean
water. Groundwater includes water in the zone of saturation of a water -bearing formation.
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"Hydrologically related critical areas (HRCA)" include all those areas identified in YMC 15.27.502, which are
important and deserving of protection by nature of their value for the functional properties found in YMC 15.27.504.
"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel
water and water movement is mainly in the downstream direction.
"Intermittent stream" means a stream which flows only during certain times of the year, with inputs from
precipitation and groundwater, but usually more than thirty days per year. Groundwater association generally
produces an identifiable riparian area. This definition does not include streams that are intermittent because of
irrigation diversion or other manmade diversions of the water.
"Lake" or "pond" means an inland body of standing water. The term can include the reservoir or expanded part of a
river behind a dam.
"Lowest floor," for purposes of administering Part Four, means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that
such enclosure is not built so as to render the structure in violation of the applicable nonelevation design
requirements of this chapter.
"Manufactured home" means a structure fabricated on a permanent chassis that is transportable in one or more
sections; is designed to be used with or without a permanent foundation when connected to the required facilities
and is used for human occupancy as a residential dwelling. The term "manufactured home" shall include "mobile
home" for regulatory purposes under this chapter. The term shall not include "recreation vehicle," "commercial
coach," "camping vehicle," "travel trailer," "park trailer," "tip -out," and any other similar vehicle, which is not
intended, designed, constructed, or used as a single-family dwelling.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale pursuant to this title.
"Manufactured home park or subdivision, existing" means a manufactured home park or subdivision that was
completed before December 15, 1981, the effective date of the floodplain management regulations.
"Minerals" mean gravel, sand, and metallic and nonmetallic substances of commercial value.
"Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value.
Mining includes processing and batching. Mining does not include large excavations for structures, foundations,
parking areas, etc. (See YMC 15.27.518.)
"Minor revision" includes minor changes in facility orientation or location, minor changes in structural design that
do not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or
small sheds near the main structure, etc.).
"Native" means indigenous to or originating naturally within the city of Yakima and surrounding areas.
"Natural conditions" mean those conditions which arise from or are found in nature and not modified by human
intervention.
"New construction," for purposes of administering Part Four of this chapter, means the start of construction after
construction plans were submitted to the city and the building division reviewed and approved the construction plans
to create a structure.
"Nonconforming structure," for purposes of administering Part Four of this chapter, means a structure which was
lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment
to conform to the present requirements of the zoning district in which it is located. In addition, the structure may not
be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with
the applicable elevation and/or floodproofing requirements.
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"Nonconforming use," for purposes of administering Part Four of this chapter, means a use of land or structure
which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not
conform to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a
new use under the terms of this chapter because the use may not be in conformance with the applicable elevation
and/or floodproofing requirements.
"Normal appurtenances" include: garages, decks, driveways, utilities, fences, and grading, which do not exceed two
hundred fifty cubic yards.
"Normal repair" means to restore a development to a state comparable to its original condition, including but not
limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or
partial destruction.
"Ordinary high water mark" means a mark on lakes and streams which can be found by examining the bed and
banks and ascertaining where the presence and action of waters are common and usual, and so long continued in
ordinary years as to create a character mark upon the soil distinct from that of the abutting upland.
"Perennial stream" means a stream that flows year-round in normal water years.
"Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of
the total development proposal.
"Qualified professional" means a person with experience, training, expertise, and related work experience
appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). The professional shall
provide their qualifications to the administrative official to ensure the professional has the acceptable level of
qualifications and experience for the relevant critical area they will be working in.
"Recreation vehicle" means a vehicle which is:
Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal
conditions.
"Restore" means to re-establish the basic functional properties listed in YMC 15.27.504 that have been lost or
destroyed through natural events or human activity with measures such as revegetation and removal or treatment of
toxic materials.
"Restoration" does not imply a requirement for returning the site to aboriginal or pre -European settlement
conditions; but rather the return of a critical area with vegetation and addressing of any toxic materials from the date
of the permit.
"Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against
erosion by wave action or currents.
"Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies
and that depends on these water sources for soil moisture greater than would otherwise be available from local
precipitation.
"Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to prevent erosion, scour,
or sloughing of a structure or embankment; also the stone used for this purpose.
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"Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore
stabilization structure.
"Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are
subject to the State Shoreline Management Act, as defined in RCW 90.58.030 and the city of Yakima's current
shoreline master program (definitions).
"Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap,
breakwaters, jetties, groins, weirs, and other structures along the shore, for the purpose of controlling stream
undercutting, stream erosion or lake shore erosion.
"Single-family residence" means a detached dwelling designed for and occupied by one family, including those
structures and developments which are a normal appurtenance.
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to
vertical distance.
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to,
garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities.
"Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management
Agency that is subject to a one percent or greater chance of flooding in any given year, commonly known as the
one -hundred -year floodplain.
"Start of construction," for purposes of administering Part Four, means the first placement of permanent
construction of a structure on a site, such as the pouring of slabs or footings or land preparation, such as clearing,
grading and filling, the installation of streets or walkways, excavation for a basement, footings, piers or foundations,
or the erection of temporary forms.
"Stream" means water contained within a channel either perennial, intermittent, or ephemeral. Streams include both
natural watercourses or those modified by man (example: stream flow manipulation, channelization, and relocation
of the channel). They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals,
stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or
streams.
"Stream corridor," as used in this chapter, means features listed and described in YMC 15.27.502.
"Structure" means anything constructed or erected, which requires location on the ground, or attached to something
having a location on the ground, but not including fences or walls used as fences less than six feet in height, and
including gas or liquid storage tanks when located aboveground.
"Substantial improvement," for purposes of administering Part Four, means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure
either:
Before the improvement or repair is started; or
2. Before the damage occurred to a structure.
For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to
March 4, 1986, the effective date of this title, shall be used to define "substantial improvement" for said structure.
The term does not, however, include either:
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1. Any project for improvement to a structure to comply with existing state or local health, sanitary or safety
code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of
historic places.
Use. See "use" as defined in YMC Chapter 15.02.
"Utility equipment," for the purposes of Part Four, means all electrical, heating, ventilation, plumbing and air-
conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during conditions of flooding.
"'vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of lake or
stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide support for the
performance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical
areas as set forth in YMC 15.27.504 and 15.27.603.
"Wetland" means areas that are inundated or Saturated by surface water or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands
do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally
created from nonwetland areas created to mitigate conversion of wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which
includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of
development.
"Wildlife habitat" means an area of climate, soils, vegetation, relationship to water, location and/or other physical
properties which are identified as having a critical importance to the maintenance of wildlife species.
"Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutment,
projection, excavation, channel rectification, or improvement. (Ord. 2008-46 § 1 (part), 2008).
Part Three. Application and Review Procedures
Article I. General Provisions
15.27.300 Critical area development authorization required.
A. No new development, construction or use shall occur within a designated critical area without obtaining a
development authorization in accordance with the provisions of this chapter, except for those provided for in YMC
15.27.303. Exemptions, as provided for in YMC 15.27.304 through 15.27.306, shall be considered as development
authorization.
B. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate
development authorization within a critical area and recognize other requirements by local, state and/or federal
permits or authorizations. Development, construction or use occurring within a designated critical area shall be
processed according to the provisions of this chapter, unless determined to be exempt.
C. Approval of a development authorization under this chapter shall be in addition to, and not a substitute for,
any other development permit or authorization required by the city of Yakima. Approval of a development
authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required
of a development, construction or use.
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D. Development authorizations issued in accordance with this chapter shall continue with the land and have no
"sunset clause" unless otherwise stated in the development authorization.
E. Coordination with Other Jurisdictions.
1. Where all or a portion of a standard development project site is within a designated critical area and the
project is subject to another local, state or federal development permit or authorization, the administrative
official shall determine whether the provisions of this chapter can be processed in conjunction with a local,
state or federal development permit or authorization, or whether a separate critical area development
authorization application and review process is necessary. The decision of the administrative official shall be
based upon the following criteria:
a. The nature and scope of the project and the critical area features involved or potentially impacted;
b. The purpose or objective of the permit or authorization and its relationship to protection of the
critical area;
The feasibility of coordinating the critical area development authorization with other permitting
agency;
d. The timing of the permit or authorization.
2. When a determination has been made that provisions of this chapter can be handled through another
applicable development permit or authorization process, project proponents may be required to provide
additional site plans, data and other information necessary as part of that process to ensure compliance with this
chapter. The administrative official's decision on the critical area development authorization shall be
coordinated to coincide with other permits and authorizations. The administrative official may determine to
accept the development authorization and/or permits from the other reviewing agencies as complete compliance
with the city's critical area ordinance. (Ord. 2008-46 § 1 (part), 2008).
Article II. Inquiry and Early Assistance
15.27.301 Critical area identification form and critical area report requirements.
A. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide
the city with a critical areas identification form and site plan and any other information the city may require to
determine if a critical area is present.
B. Upon receipt of a critical area identification form and site plan, the administrative official or designee may
conduct a site examination to review critical area conditions. The administrative official or designee shall notify the
property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the
property owner.
C. The administrative official or designee shall review the available information pertaining to the proposal and
make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be
submitted in conformance with YMC 15.27.314 and 15.27.315, except as provided below:
1. No Critical Areas Present. If the administrative official or designee is able to sufficiently determine a
critical area does not exist within or adjacent to the project area and/or a critical area report is not required.
2. Critical Areas Present, but No Impact. If the administrative official or designee is able to determine the
existence, location and type of critical area and the project area is not within the critical area and/or the project
will not have an indirect impact on the function of an adjacent wetland.
3. Critical Areas May Be Affected by a Proposal. The administrative official or designee may waive the
requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if:
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a. The administrative official is sufficiently able to determine the existence, location and type of the
critical area;
b. The project scale or nature is such that a specialist is not necessary to identify impacts and
mitigation; and
C. The applicant agrees to provide mitigation the administrative official deems adequate to mitigate for
anticipated impacts.
D. Reports will generally fall into the following groups:
1. Determining the absence of a critical area;
2. Determining the existence, location and type of a critical area;
3. Determining impacts of an encroachment on a critical area and general mitigation measures; and
4. Developing a compensatory mitigation plan.
E. The administrative official or designee shall base wetland boundary determinations on those criteria specified
in the Washington State Wetlands Identification and Delineation Manual (1997). Wetland mitigation adequacy
determination by the administrative official shall be consistent with Wetland Mitigation in Washington State, Parts 1
and 2 (March 2006 or as updated). (Ord. 2008-46 § 1 (part), 2008).
15.27.302 Pre -applien fi,on L%pp!catiop conference.
Any new development or use falling under the provisions of this chapter may be subject to a pre application
conference. Prior to the pre application conference, the project proponent must submit a critical area identification
form and preliminary site plan.
A project review for flood hazards shall follow the pre -application requirements established to administer Part Four,
Flood Hazard Areas.
The pre application conference is intended to allow the administrative official or designee to:
A. Establish the scope of the project and identify potential concerns that may arise;
B. Identify permits, exemptions, and authorizations which the project proponent may need to obtain;
C. Determine whether the project will be processed through the development procedures of this chapter or
coordinated with the review procedures of another development permit or authorization;
D. Provide the proponent with resources and technical assistance (such as maps, scientific information, other
source materials, etc.); and
E. Determine whether there is a need for a preliminary site assessment. (Ord. 2008-46 § 1 (part), 2008).
Article III. Abbreviated Review Alternatives
15.27.303 Minor activities allowed without a permit or exemption.
This chapter shall be inapplicable to the following actions (YMC 15.27.140(B)):
A. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or
gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops,
pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general
condition and extent of such areas;
B. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or
clearing. Examples include painting, trim or facing replacement, reroofing, etc. Cleaning, operation and maintenance
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of canals, ditches, drains, wasteways, etc., is not considered additional earthwork, as long as the cleared materials
are placed outside the stream corridor, wetlands, and buffers;
C. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing,
education or scientific research;
D. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not
involve placement of fill or grubbing of vegetation;
E. Maintenance and normal work of the greenway pathway and grounds;
F. Planting of native vegetation;
G. Noxious weed control outside vegetative buffers identified in YMC 15.27.514; and
H. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not
meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:
1. Hand removal/spraying of individual plants or other acceptable method approved by the administrative
official;
No area -wide vegetation removal/grubbing. (Ord. 2008-46 § 1 (part), 2008).
15.27.304 Documented exemption—Procedural requirements.
The following development activities are exempt from standard development permits, except that flood hazard
exemptions shall follow the exemption procedures found in YMC 15.27.403. Exemption from this chapter shall
follow subsection (F)(1) of this section, and does not under any circumstances give permission to degrade a critical
area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a
necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's
expense, according to YMC 15.27.521.
A. Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies
and provisions of this chapter.
B. If any part of a proposed development is not eligible for an exemption, then a development permit is required
for the entire proposed project.
C. The burden of proof that a development or use is exempt is on the applicant.
D. When a development or use is proposed that does not comply with the bulk, dimensional and performance
standards of this chapter, such development must also obtain an adjustment.
E. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas.
F. The proponent of an exempt activity shall submit a written request for a documented exemption which states
the following:
Why the exemption is being sought.
2. A project description that demonstrates the following:
a. The sequence of activities to be conducted;
b. The equipment to be used (hand or mechanical);
C. The best management practices to be used;
d. The efforts employed to minimize adverse impacts; and
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e. Restoration for disturbed areas following the activity, including mitigation for lost wetland
functions.
G. The administrative official or designee shall approve or deny the exemption. A formal letter of exemption
shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the
administrative official or designee shall notify the applicant in writing, stating the reason for denial of the
exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity
to a level that would justify reconsideration.
H. The following activities are exempt from the standard development permit process and identified in the
following locations. However, this provision does not exempt an activity from other parts, permits or reviews
required under this chapter:
Those activities listed in YMC 15.27.305;
Those activities listed in YMC 15.27.306; and
3. Those activities listed in YMC 15.27.403 are exempt from the flood hazard permit requirements of Part
Four of this chapter, Flood Hazard Areas. (Ord. 2008-46 § 1 (part), 2008).
15.27.305 Documented exemptions for hydrologically related critical areas and wetlands.
The following development activities are exempt from standard development permits, except that flood hazard
exemptions shall follow the exemption procedures found in YMC 15.27.403:
A. Construction of a single-family residence and appurtenances where the residence and appurtenances meet all
requirements of the city of Yakima and do not lie within a designated critical area or buffer (see "single-family
residence" and "normal appurtenances" definitions, YMC 15.27.200). Applications for development within critical
areas or their buffers shall follow the procedures of YMC 15.27.317.
1. Construction shall not involve placement of fill in any wetland or at locations waterward of the ordinary
high water mark; and
Construction authorized under this exemption shall be located landward of the ordinary high water mark;
B. Single-family residence bulkheads, which include those structural and nonstructural developments installed at
or near, and parallel to, the ordinary high water mark for the sole purpose of protecting the single-family residence
and appurtenant structures from loss or damage by erosion.
Normal protective bulkheads are not exempt if constructed for the purpose of creating dry land.
2. Bioengineering options shall be considered by the administrative official or designee prior to exemption
of subsections (13)(3) and (13)(4) of this section.
3. When repairing an existing bulkhead by construction of a vertical wall, it shall be constructed no further
waterward of the existing bulkhead.
4. Bioengineered erosion control projects may be considered a bulkhead when the project has been
approved by the Department of Fish and Wildlife;
C. Normal maintenance or repair of existing structures or development, including damage by accident, fire, or
elements, are exempt, but may require a building permit. (See YMC 15.27.200.)
Except where repair involves total replacement or causes substantial adverse effects to the environment.
Replacement of nonconforming uses or facilities may also be subject to YMC Chapter 15.19;
D. Emergency construction for protecting property from damage by the elements. The following criteria must
exist to qualify any action under an emergency provision:
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1. There must be an immediate threat to life, public or private property, or the environment arising from a
natural condition or technical incident.
2. The emergency response must be confined to the action necessary to protect life or property from
damage.
3. The scope of the emergency response must be limited to the work necessary to relieve the immediate
threat.
4. The emergency response applies only to the period of time when the actual emergency exists.
5. The request must be accompanied by a permit application or for an emergency exemption. Submittal
requirements may be waived until after the emergency is deemed abated, and at that time the property owner
shall submit an emergency mitigation summary to the city of Yakima;
E. Construction of a dock for the use of a single-family or multiple -family residence;
F. The construction of canals, waterways, drains, reservoirs, or other manmade facilities as a part of an irrigation
system;
G. Any project with certification from the governor pursuant to RCW Chapter 80.50 (Energy Facilities—Site
Locations);
H. Watershed restoration projects pursuant to RCW 89.08.460;
I. Site exploration and investigation activities required for a development permit; provided, that:
The activity will have no significant adverse impact on the environment;
2. The activity does not involve the installation of any structure; and
3. Upon completion of the activity, the vegetation and land configuration of the site are restored to
conditions as they existed prior to the activity;
J. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of
spartina and purple loosestrife), through the use of an herbicide or other treatment methods applicable to weed
control that are recommended by a final environmental impact statement published by the Department of
Agriculture or the Department of Ecology jointly with other state agencies under RCW Chapter 43.21C (SEPA);
K. A public or private project to improve fish or wildlife habitat or fish passage, if:
The project has been approved by the Department of Fish and Wildlife;
2. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to
RCW Chapter 75.20 (Hydraulics Code);
The administrative official has determined that the project is consistent with this chapter;
4. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat
Enhancement Projects) are deemed to be consistent with this chapter;
L. Hazardous substance remedial actions pursuant to RCW Chapter 70.105D (Model Toxics Control Act);
M. The removal of trees which are hazardous, posing a threat to public safety, or posing an imminent risk of
damage to private or public property, from critical areas and their buffers. (Ord. 2008-46 § 1 (part), 2008).
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15.27.306 Documented exemptions for geologically hazardous areas development authorizations.
The following development activities are exempt from standard development permits that are required for
geologically hazardous areas:
A. Additions to or alteration of existing single-family residences;
B. Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill or irrigation;
C. Structures less than one hundred twenty square feet; and
D. Oil, gas, wind, or other exploration that does not include explosions, road construction, excavation or fill.
(Ord. 2008-46 § 1 (part), 2008).
15.27.307 Mitigation requirements.
A. All mitigation shall be sufficient to maintain the functions and values of the critical area;
B. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts
to critical areas; and
C. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for in the
following order of preference:
Avoiding the impact;
2. Minimizing impacts by limiting the degree or magnitude of the action, by using appropriate technology
(i.e., project redesign, relocation or timing, to avoid or reduce impacts);
3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment as appropriate;
4. Reducing or eliminating the impact by preservation and maintenance operations;
5. Compensating for the impact by replacing or providing substitute resources or environments; and
6. Monitoring the impact and taking appropriate corrective measures;
D. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be
mitigated for in accordance with an approved mitigation plan and mitigation for wetland impacts shall be mitigated
in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State, Parts 1
and 2 (March 2006 or as updated);
E. Mitigation shall be in-kind and on-site, whenever possible, and may be out -of -kind and/or off-site when
deemed appropriate by the administrative official or designee. (Ord. 2008-46 § 1 (part), 2008).
Article IV. Review Process
15.27.308 Application submittal.
A. Applications for development authorizations under this chapter shall be made on forms provided by the
department. Application submittals shall include a site plan drawn to an engineering scale of one to twenty showing:
1. Dimensions of all sides of the parcel;
2. Size and location of existing and proposed structures;
3. Excavation, fill, drainage facilities, impervious surfaces, topography, slope;
4. Other information as needed to determine the nature and scope of the proposed development; and
5. Location of all critical areas such as those identified in YMC 15.27.314.
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B. The submittal shall also include all required critical areas reports prepared in conformance with YMC
15.27.314 and 15.27.315.
C. To be complete, a critical area development authorization application must include all maps, drawings and
other information or data specified by this chapter or requested on the basis of the preapplication conference (YMC
15.27.302). (Ord. 2008-46 § 1 (part), 2008).
15.27.309 Determination of review process.
A. The administrative official or designee shall determine from the application submittal, and other available
information, what type of permit and/or review will be required under this chapter.
B. Specific information of permit type, review and process can be found in subsequent sections of Part Three of
this chapter. However, a description of each type of permit or review is provided in Table 27.3-1. More than one
permit or review may be needed for a project dependent upon project complexity.
Table 27.3-1
General Permits or Reviews
Standard Development. Standard development projects include any
development not subject to RCW Chapter 90.58, the Shoreline
Management Act.
Documented Exemptions. Documented exemptions are described as
minor activities that do not need to go through a permit process.
Exemptions from this chapter may be found in YMC 15.27.305
through 15,27.306 and 15.27 403.
Specific Permits
Adjustment. An administrative adjustment is used outside shoreline
jurisdiction when a project requires a reduction or adjustment to a
development standard..
Nonconforming Use or Facility Alteration. A nonconforming use or
facility alteration is necessary when an existing use that currently
does not conform to this chapter is to be altered.
Minor Revisions to an Existing Permit. A minor revision to an
existing permit allows a simplified review of certain changes to a
project that has previously received a permit.
Reasonable Use Exception. A reasonable use exception provides an
alternative to landowners when all reasonable use of a property has
been prohibited.
Flood Hazard Permit. A flood hazard permit is required for activities
within floodplains., It may include many of the specific permit types
noted above, which are described in Part Four, YMC 15.27.400
through 15.27,436, It is focused mainly on construction methods, but
may include site design to minimize impacts to adjacent properties or
resources, or to locate the proposed development in areas where depth
and velocity of floodwaters during the base flood do not exceed the
current standards for construction of human -occupied structures or
safe access.
(Ord., 2008-46 § 1 (part), 2008).
15.27.310 Development authorization—Review procedure.
Upon submittal and acceptance of a completed development authorization application, the administrative official or
designee shall process and review the application as follows. Except: permits or reviews under Part Four shall
follow the development regulations and procedures of YMC 15.27.400 through 15.27.436.
A. Development authorizations shall be processed in accordance with notice procedures in YMC Title 16 and
with specific requirements provided in YMC 15.27.316 through 15.27.320, including but not limited to:
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Submittals;
2. Completeness review;
3. Notices;
4. Hearings;
5. Decisions; and
6. Appeals.
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B. Development authorizations shall be reviewed in conformance with the applicable development standards of
YMC 15.27.321 and with Parts Five through Eight.
C. Decisions on a development authorization shall be consistent with YMC 15.27.311 and 15.27.312, and with
any specific decision criteria provided under the section for each relevant permit type, as provided in YMC
15.27.316 through 15.27.321. (Ord. 2008-46 § I (part), 2008).
15.27.311 Authorization decisions—Basis for action.
The action on any development authorization under this chapter shall be based upon the following criteria:
A. Impact of the project to critical area features on and abutting the property;
B. Danger to life or property that would likely occur as a result of the project;
C. Compatibility of the project with the critical area features;
D. Conformance with applicable development standards;
E. Compliance with flood hazard mitigation requirements of YMC 15.27.400 through 15.27.436;
F. Adequacy of the information provided by the applicant or available to the department;
G. Based upon the project evaluation, the administrative official shall take one of the following actions:
1. Grant the development authorization;
2. Grant the development authorization with conditions, as provided in YMC 15.27.312, to mitigate impacts
to the critical area feature(s); or
3. Deny the development authorization;
H. The decision by the administrative official or designee shall include written findings and conclusions. (Ord.
2008-46 § 1 (part), 2008).
15.27.312 Conditional approval of development authorization.
In granting any development authorization, the administrative official or designee may impose conditions to:
A. Accomplish the purpose and intent of this chapter;
B. Eliminate or mitigate any identified negative impacts of the project; and
C. Protect critical areas from damaging and incompatible development. (Ord. 2008-46 § 1 (part), 2008).
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15.27.313 Fees and charges.
The Yakima city council shall establish the schedule of fees and charges listed in YMC Chapter 15.26 (City of
Yakima Fee Schedule), for development authorizations, variances, appeals and other matters pertaining to this
chapter. (Ord. 2008-46 § 1 (part), 2008).
Article V. Critical Areas Reports
15.27.314 Critical areas report requirements.
A. The administrative official or designee may require a critical areas report, paid for by the applicant, when it is
determined necessary.
B. A qualified professional shall prepare the report consistent with best available science.
1. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to
protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and
relative to the scale and potential impacts of the proposed activity.
C. The critical area report shall:
Demonstrate the proposal is consistent with the purposes and standards of this chapter;
2. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and
uses proposed; and
Identify mitigation and protective measures.
D. The critical areas report shall include information addressing the supplemental report requirements (see YMC
15.27.315).
E. The administrative official or designee shall review the critical areas report for completeness and accuracy and
shall consider the recommendations and conclusions to assist in making decisions on development authorizations,
appropriate mitigation, and protective measures.
F. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous
report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis
only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged.
G. The administrative official or designee may require the preparation of a new critical area assessment or a
supplemental report if the initial assessment is in error.
H. The administrative official or designee may reject or request revision of the critical areas report when it can be
demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts
involved.
I. Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all
critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set,
such as NAD 27 or NAD 83. The city may waive this requirement for single-family developments. Applicants are
encouraged to coordinate with the administrative official or designee regarding electronic submittal guidelines.
At a minimum, a critical areas report shall include the following information:
1. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas
and buffers;
2. A written summary of the critical areas, including their size, type, classification or rating, condition,
disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or
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areas subject to high floodwater depth or velocity, the description shall identity the type and characteristics of
the hazard;
3. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geologically
hazardous areas are additionally required to assess the risks posed by the development to critical areas, public
and private properties, and both associated and unassociated nearby facilities and uses;
4. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical
area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high
floodwater depth or velocity, the mitigation shall additionally address the site, other public and private
properties, and both associated and unassociated nearby facilities and uses potentially affected;
5. The dates, names, and qualifications of the persons preparing the report and documentation of analysis
methods including any fieldwork performed on the site; and
Additional reasonable information requested by the administrative official or designee.
K. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies
required by other laws and regulations or previously prepared for and applicable to the development proposal site.
L. The administrative official or designee may limit the geographic area of the critical area report as appropriate.
M. Compensatory Mitigation Plans. When compensatory mitigation, as described in YMC 15.27.307, is
proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical area
report, which includes:
1. A written report identifying environmental goals and objectives of the proposed compensation including
a description of:
a. The anticipated impacts to the critical areas;
b. The mitigating actions proposed;
C. The purpose of the compensation measures, including site selection criteria;
d. The compensation goals and objectives;
e. The desired resource functions;
f. Construction activities' start and completion dates; and
g. Analysis of anticipated success of the compensation project;
2. A review of the best available science supporting the proposed mitigation;
3. A description of the report and the author's experience to date in restoring or creating the type of critical
area report proposed;
4. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating the
goals and objectives to ensure the mitigation project has been successfully attained;
5. Detailed Construction Documents. The mitigation documents shall include written specifications and
plans describing the mitigation proposed, such as:
a. The proposed construction sequence, timing, and duration;
Grading and excavation details;
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C. Erosion and sediment control features;
d. A planting plan specifying plant species, quantities, locations, sizes, spacing, and density;
e. Measures to protect and maintain plants until established; and
f Documents should include scale drawings showing necessary information to convey both existing
and proposed topographic data, slope, elevations, plants and project limits;
6. Monitoring Program. The mitigation plan shall include:
a. A program for monitoring both construction of the compensatory project and its completion and
survivability;
b. A plan which details how the monitoring data will be evaluated to determine if the performance
standards are being met;
C. Reports as needed to document milestones, successes, problems, and contingency actions of the
compensation project; and
d. Monitoring for a period necessary to establish that performance standards have been met, but not for
a period less than five years;
7. Contingency Plan. Identification of the potential courses of action, and any corrective measures to be
taken if monitoring or evaluation indicates project performance standards are not being met;
8. Financial Guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring
program, and any contingency measures shall be posted in accordance with YMC 15.27.321(A).
Innovative Mitigation..
1. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under
the provisions of this section. One or more applicants or an organization with demonstrated capability may
undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:
a. Creation or enhancement of a larger system of critical areas and open space is preferable to the
preservation of many individual habitat areas;
b. The applicant demonstrates the organizational and fiscal capability to act cooperatively;
The applicant demonstrates that long-term management of the habitat area will be provided;
d. There is a clear potential for success of the proposed mitigation at the identified site;
e. There is a clear likelihood for success of the proposed plan based on supporting scientific
information and demonstrated experience in implementing similar plans;
f. The proposed project results in equal or greater protection and conservation of critical areas than
would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches;
g. The plan is consistent with the general purpose and intent of this section;
h. The plan shall contain relevant management strategies which are within the scope of this section;
and
i. The plan shall contain clear and measurable standards for achieving compliance with the purposes of
this section, a description of how such standards will be monitored and measured over the life of the plan,
and a fully funded contingency plan if any element of the plan does not meet standards for compliance.
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2. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland
replacement ratios.
3. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 15.27.604.
For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in
YMC 15.27.605 shall apply. (Ord. 2008-46 § 1 (part), 2008).
15.27.315 Supplemental report requirements for specific critical areas.
A. Stream Corridors. When a critical areas report is required for a stream corridor or hydrologically related
critical area, it shall include the following:
1. A habitat and native vegetation conservation strategy that addresses methods to protect the functional
properties listed in YMC 15.27.504; and
2. Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic
analysis report may be required. The report shall assume the conditions of the one -hundred -year flood, include
on-site investigative findings, and consider historical meander characteristics in addition to other pertinent facts
and data.
B. Wetlands. When a critical areas report is required for wetlands, it shall include the following:
1. The exact location of a wetland's boundary and wetland rating as determined through the performance of
a field investigation by a qualified wetland professional applying the Washington State Wetland Identification
and Delineation Manual (Ecology Publication No. 96-94) as required by RCW 36.70A.175 and the Washington
State Wetland Rating System for Eastern Washington;
2. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown
on the site plan. Available information should include, but not be limited to, aerial photos, land-based photos,
soils maps, or topographic claps;
3. An analysis of the wetlands including the following site -related information:
a. A statement specifying the accuracy of the report and all assumptions made and relied upon;
b. Documentation of fieldwork performed on the site, including field data sheets for delineations,
wetland rating forms, baseline hydrologic data, etc.;
C. A description of the methodologies used to conduct the wetland delineations or impact analyses,
including references;
d. Wetland category, including vegetative, faunal, and hydrologic characteristics; and
4. For projects that will affect the wetland or buffer, provide the following:
a. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance
on-site habitat and wetland functions and values listed in YMC 15.27.504 and 15.27.603(A); and
b. Mitigation sequencing, pursuant to YMC 15.27.307, to avoid, minimize, and mitigate impacts shall
result in "no net loss" of acreage or functional values of wetlands and shall follow the guidance provided
in YMC 15.27.604.
C. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it
shall include the following:
A description of the site features, including surface and subsurface geology;
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2. A description of the geologic processes and hazards affecting the property, including a determination of
the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination
of hazard;
A description of the vulnerability of the site to seismic and other geologic processes and hazards; and
4. A description of any potential hazards that could be created or exacerbated as a result of site
development;
For developments in or affecting landslide hazard areas the report shall also include:
a. Assessments and conclusions regarding slope stability including the potential types of landslide
failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The
stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal
acceleration as established by the current version of YMC Title 11 (Building Code);
b. An analysis of slope recession rate shall be presented in those cases where stability is impacted by
stream meandering or other forces acting on the toe of the slope; and
C. Description of the run -out hazard of landslide debris to the proposed development that starts up-
slope and/or the impacts of landslide run -out on down-slope properties and critical areas.
D. Flood Hazards. Prior to authorization of any construction within a floodplain, which can be anticipated to
displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall
be prepared by a licensed engineer in the state of Washington that establishes any new flood elevations that would
result for the one -hundred -year flood frequency if the project were implemented. (Ord. 2008-46 § 1 (part), 2008).
Article VI. Permit Review Criteria
15.27.316 Standard development permit.
A. Classification Criteria. Standard development permits include any development not subject to RCW Chapter
90.58 (Shoreline Management Act).
B. Process. Standard development permits shall be processed as a Type (1) review if exempt, as a Type (2)
review for all Class (2) uses and non-exempt activities, and as a Type (3) review for all Class (3) uses or
applications that are of a significant size or scope as determined by the administrative official. Examples of such
projects include those that typically require environmental review (SEPA), filling or excavating a stream channel or
wetland, involve large amounts of fill, require large amounts of parking, etc.
C. Decision Criteria. Decisions on standard development permits shall be based on the general decision criteria
found in YMC 15.27.311. (Ord. 2009-42 § 2, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.317 Adjustment.
A. Classification Criteria. For projects not required to be processed under RCW Chapter 90.58 (Shoreline
Management Act), the administrative official or designee is authorized to administratively adjust the development
standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance
with building setbacks and vegetative buffers. Given such constraints, administrative adjustments may be authorized
where the site plan and project design include measures to ensure the protection and performance of the functional
properties identified in YMC 15.27.504. Adjustments of vegetative buffer standards listed in Tables 27.5-1 and
27.5-2 may be reduced to the minimum buffer width listed. Reductions below the minimum may be considered but
require stricter criteria be met in subsection (C)(4) of this section. Adjustments to prohibited use limits are not
allowed.
B. Process. Requests for an adjustment permit shall be processed as a Type (2) review. Requests for adjustments
of development standards shall be made in writing and shall specify the standard(s) that an adjustment is sought for,
along with the reasons why the adjustment is sought.
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C. Decision Criteria. Decisions on adjustment permits shall be based on the general decision criteria found in
YMC 15.27.311 together with the criteria below.
1. A particular standard may be reduced or modified as long as the administrative official determines that
the adjustment and/or reduction:
a. Is consistent with the purpose of this chapter;
b. Is consistent with the intent of the standard; and
C. Will not result in degradation of the critical area.
The administrative official or designee shall consider the following:
a. The proximity and relationship of the project to any critical area and its potential impacts;
b. The functions and values that the critical area performs;
C. The overall intensity of the proposed use;
d. The presence of threatened, endangered, or sensitive species;
e. The site's susceptibility to severe erosion; and
f. The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or
other measures to enhance the functions and values of the hydrologically related critical area (HRCA).
3. When granting an adjustment, the administrative official or designee may require, but is not limited to,
the following alternative measures to protect the functions and values of the HRCA:
a. Restoration of impaired channels and banks to conditions which support nattiral stream flows, fish
habitat, and other values;
b. Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of
native vegetation;
C. Provisions for erosion control and the reduction and filtration of stormwater runoff on the stream
channel and buffer;
d. Removal or alteration of existing manmade facilities associated with stream channels or drainage
ways which improve stream flow or exchange of surface waters;
e. Replacement of lost stream corridor features on an acre -for -acre basis and replacement of lost
wetlands in accordance with guidance provided in the Washington State Department of Ecology's
Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated);
f. Conservation easements for key portions of stream corridor property and/or their inclusion within
public or private conservation programs; or
g. Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is
preferred in the use of mitigation sequencing (YMC 15.27.307) over a reduction in the buffer standards.
4. The following additional criteria must be met to reduce the critical areas stream and wetland buffers
found in Tables 27.5-1 and 27.5-2 below the minimum listed in the respective tables:
a. There is a hardship related to maintenance of the minimum buffer width that results from parcel
boundaries or existing on-site development;
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b. When warranted under subsection A of this section the buffer width shall be the maximum possible
while meeting the minimum need of the proposal; and
C. The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream
function due to the decrease in buffer size. (Ord. 2008-46 § 1 (part), 2008).
15.27.318 Reasonable use exception.
A. Classification Criteria. If the application of this chapter would deny all reasonable economic use of the subject
property, the property owner may apply for a reasonable use exception.
B. Process. A reasonable use exception shall be processed as a Type (3) review with a public hearing.
C. Decision Criteria. The reasonable use request shall be accompanied by conformance criteria. Failure to satisfy
any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant.
Decisions on a reasonable use request shall be based on the general decision criteria found in YMC 15.27.311
together with the criteria below:
1. The application of this chapter would deny all reasonable use of the property; provided, that the inability
of the applicant to derive reasonable use of the property is not the result of actions by the applicant;
2. No other reasonable use of the property has less impact on the critical area; and
3. Any alteration is the minimum necessary to allow for reasonable use of the property. (Ord. 2008-46 § 1
(part), 2008).
15.27.319 Minor revisions to approved uses or development.
A. Classification Criteria. Minor revisions as described in YMC 15.27.200 to a project that has been previously
approved under a critical area permit are allowed under the following circumstances:
Changes that are not substantive are not required to obtain a revision and may be allowed; and
2. Substantive changes are those that materially alter the project in a manner that relates to its conformance
with the permit requirements. Such changes may be approved as a minor revision, if the administrative official
or designee determines that the proposed revision is within the scope and intent of the original permit, and
meets the criteria listed below. Failure to meet the criteria below will require a new permit:
a. Lot coverage and height may be increased by a maximum of ten percent from the provisions of the
original permit; provided, that:
Revisions involving new structures not shown on the original site plan shall require a new permit;
and
ii. Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or
any other requirements of this chapter;
b. Landscaping may be added without an application for a new permit; provided, that it is consistent
with conditions of the original permit;
C. The use authorized pursuant to the original permit has not changed; and
d. No additional significant adverse environmental impacts will be caused by the project revision.
B. Process. Minor revisions to existing permits shall be processed under Class (1) review procedures.
C. Decision Criteria. Decisions on permit revisions shall be based on the general decision criteria found in YMC
15.27.311. (Ord. 2008-46 § 1 (part), 2008).
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15.27.320 Nonconforming uses and facilities.
Nonconforming uses and facilities are classified as either conforming uses with nonconforming structures or areas,
or as nonconforming uses, both of which have different review processes and decision criteria, as provided for in
YMC Chapter 15.19. (Ord. 2008-46 § 1 (part), 2008).
15.27.321 General critical areas protective measures.
The standards below apply to all permits and reviews performed under this chapter.
A. Financial Guarantees. Financial guarantees may be required to ensure mitigation, maintenance, and
monitoring.
1. When required mitigation pursuant to a development proposal is not completed prior to the city of
Yakima's final permit approval, the administrative official or designee may require the applicant to post a
financial guarantee to ensure that the work will be completed.
2. If a development proposal is subject to compensatory mitigation, the applicant must post a financial
guarantee to ensure mitigation is fully functional.
3. All financial guarantees shall be in the amount of one hundred twenty-five percent of the estimated cost
of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area
that are at risk.
4. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings
account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable
to the administrative official or designee, with terms and conditions acceptable to the city of Yakima attorney.
5. The financial guarantee shall remain in effect until the administrative official or designee determines that
the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation
shall be held for a minimum of five years after completion of the work to ensure that the required mitigation
has been fully implemented and demonstrated to function.
6. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration, a
financial guarantee will not be required.
7. Failure to satisfy critical area requirements shall constitute a default, and the administrative official or his
or her designee may demand payment of any financial guarantee.
8. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such
funds shall be deposited in a separate account. The city of Yakima will use such funds to arrange for
completion of the project or mitigation, and follow-up corrective actions.
9. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant
or violator to complete required mitigation, maintenance, monitoring, or restoration.
B. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision
ordinance (YMC Title 14) that contain critical areas:
I . All subdivisions that contain critical areas shall be eligible for density bonuses or other development
incentives, as provided in the subdivision ordinance (YMC Title 14) and zoning ordinance (this title);
Critical areas shall be actively protected through the following:
a. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as
possible;
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b. When geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk,
stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs),
streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision:
i. Said critical areas shall be protected by placing them entirely within a separate critical area tract
or by including them entirely within one of the developable parcels. Other options, such as
conservation easements and building envelopes, may be deemed appropriate by the administrative
official as meeting this provision when special circumstances obstruct the viability of this provision;
ii. For those new lots that do contain said critical areas, usable building envelopes (five thousand
square feet or more for residential uses) shall be provided on the plat that lies outside said critical
areas.
C. New lots partially within the floodplain shall provide a usable building envelope (five thousand
square feet or more for residential uses) outside the floodplain.
d. New lots entirely within the floodplain shall be at least one acre in area;
e. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be
provided on the plat that lie outside said critical areas;
f. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow
them to recover;
g. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant
information about them disclosed on the final plat.
h. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion,
oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA
floodways, channel migration zones (CMZs), streams, wetlands, and/or vegetative buffers may not be
further divided. (Ord. 2008-46 § 1 (part), 2008).
Part Four. Flood Hazard Areas
Article I. Flood Hazard Areas—General Provisions
15.27.400 Flood hazard areas established.
The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the "Flood
Insurance Study for Yakima County and Incorporated Areas" dated November 18, 2009, with accompanying Flood
Insurance Rate Maps (FIRMs), and any amendments thereto made by the Federal Emergency Management Agency
are herein adopted by reference and declared to be part of Part Four of the city of Yakima's Critical Areas
Ordinance. The Flood Insurance Study and maps are on file with the city of Yakima, Washington. (Ord. 2009-42 §
3, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.401 Principles.
Part Four recognizes the right and need of the river channel to periodically carry more than the normal flow of water
and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with
the degree of flood hazard. In advancing the above principles, the intent of Part Four is:
A. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of
flood -prone land;
R To meet the minimum requirements of the National Flood Insurance Program; and
C. To implement state and federal flood protection programs. (Ord. 2008-46 § 1 (part), 2008).
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15.27.402 Applicability.
The guidelines and regulations set forth herein and in YMC Title 11 and related building codes shall apply to all
special flood hazard areas.
A. The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard
area;
B. Flood hazard permits shall be approved by the city of Yakima. Approval shall only be granted in accordance
with Part Four of this chapter and other applicable local, state, and federal regulations;
C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be
submitted to the department for approval; and
D. The granting of a permit for any development or use does not constitute a representation, guarantee or
warranty of any kind or nature by the city of Yakima, or its employees, of the practicality or safety of any structure
or proposed use, and shall not create liability upon or cause action against the above-mentioned body, or employee,
for any damage that may result. (Ord. 2008-46 § 1 (part), 2008).
15.27.403 Documented exemptions.
The following uses and activities are exempt from the provisions of Part Four of this chapter:
A. The alteration or substantial improvement of any structure listed on the National Register of Historic Places or
state inventory of historic places;
B. The installation and maintenance of aboveground utility transmission lines and poles; and
C. Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the
administrative official determines will not unduly decrease flood storage or capacity, significantly restrict
floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and
collapse. (Ord. 2008-46 § 1 (part), 2008).
15.27.404 Interpretations.
A. In the interpretation and application of Part Four of this chapter, the provisions shall be considered as
minimum requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed
neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to
and as a supplement to provisions of Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards;
Title 14, Subdivisions; and this title, Yakima Urban Area Zoning Ordinance. YMC 15.27.400 through 15.27.436 are
not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these
ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall
prevail.
B. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict
between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the
standards of the National Flood Insurance Program Section 60.6 (See 44 CFR 59, et seq., and IBC Section 104.1).
(Ord. 2008-46 § 1 (part), 2008).
15.27.405 Compliance.
No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full
compliance with the terms of Part Four of this chapter and other applicable regulations. (Ord. 2008-46 § 1 (part),
2008).
15.27.406 Warning and disclaimer of liability.
The degree of flood protection required by Part Four of this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. Part Four does not imply that land outside the area of
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special flood hazards or permitted uses within such area will not be subject to flooding or flood damage. (Ord. 2008-
46 § 1 (part), 2008).
Article II. Flood Hazard Protection Standards
15.27.407 General standards.
The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24
CFR Part 3280:
A. Anchoring and Construction Techniques. All manufactured homes must likewise be anchored to prevent
flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring shall meet the specifications set forth below for structures located within one hundred feet of a
floodway or the ordinary high water mark if no floodway has been established.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
2. All new and substantial improvements shall be constructed using methods and practices that minimize
flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall
be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within
the components during the conditions of flooding.
C. All new construction and any improvements or additions to existing floodproofed structures that would extend
beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the
ordinary high water mark if no floodway has been established shall be elevated to a height equal to or greater than
the base flood, using zero -rise methods such as piers, posts, columns, or other methodology, unless it can be
demonstrated that non -zero -rise construction methods will not impede the movement of floodwater or displace a
significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed
to penetrate bearing soil, and be sufficiently anchored, as specified above in subsections A and B of this section.
D. Except where otherwise authorized, all new construction and substantial improvements to existing structures
shall require certification by a registered professional engineer, architect or surveyor that the design and construction
standards are in accordance with adopted floodproofing techniques.
E. Utilities. All new and replacement water supply systems and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during
flooding.
F. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
C. Have adequate drainage provided to reduce exposure to flood damage;
d. Include base flood elevation data; and
e. In the cases where base flood elevation is not available and the subdivision is greater than five acres
or fifty lots, a step -back water analysis shall be required to generate the base flood elevation data.
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G. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of any
watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in
riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of
the proposed development. (Ord. 2009-42 § 4, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.408 Specific standards.
In all special flood hazard areas where base elevation data has been provided as set forth in YMC 15.27.400, the
following regulations shall apply, in addition to the general standards of YMC 15.27.407:
A. Residential Construction. (See IRC Section 323.2.)
1. New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement, elevated at a minimum to or above the base flood elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
C. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they
permit the automatic entry and exit of floodwaters.
3. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no
floodway has been established, shall also meet the requirements of YMC 15.27.407(C).
B. Nonresidential Construction (44 CFR 60.3(C)(3) and (4)). New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated one foot or more above the base flood elevation or, together with attendant utility and sanitary facilities,
shall:
1. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of construction
are in accordance with accepted standards of practice for meeting provisions of this subsection based on their
development and/or review of the structural design, specifications and plans; and
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space
below the lowest floor as described in subsection (A)(2) of this section.
C. Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC Section 501.1,
Appendix "G."
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
Be on the site for fewer than one hundred eighty consecutive days;
2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by
quick -disconnect -type utilities and security devices, and have no permanently attached additions; or
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Meet the anchoring requirements of subsection C of this section. (Ord. 2008-46 § 1 (part), 2008).
Article III. Floodway Fringe Uses
15.27.409 Permitted uses.
The following uses are permitted in the floodway fringe areas:
A. Permitted Uses. Any use permitted in the zoning district in accordance with this title, unless prohibited by
YMC 15.27.410.
B. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with this title and
where not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a
transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such
transmission line shall conform to the following:
1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct
route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they
shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed.
2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and
refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be
maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel
migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of
YMC 15.27.411(C)(3).
3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting
hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features.
4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed
for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement
will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected
from flood damage.
5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other
control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other
alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally
preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such
instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or
passage is created, and shall be adequately floodproofed. (Ord. 2008-46 § 1 (part), 2008).
15.27.410 Prohibited uses.
New manufactured home parks and the expansion of manufactured home/parks are prohibited in floodway fringe
areas. (Ord. 2008-46 § 1 (part), 2008).
Article IV. Floodway Uses
15.27.411 Permitted uses.
Permitted uses include any use permitted in the zoning district in accordance with this title; provided, that said use is
in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable
provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway
encroachment provisions of YMC 15.27.412(B). Permitted uses include:
A. All encroachments, including fill, new construction and other development unless certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of
all similar potential encroachments shall not materially cause water to be diverted from the established floodway,
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cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any
increase in flood levels during the occurrence of the base flood discharge;
B. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood
flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas,
increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties.
When allowed, such removal shall comply with the provisions of this title;
C. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose
of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination,
as opposed to serving customers within a floodway, such transmission lines shall conform to the following:
1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to
paralleling floodways;
2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or
beyond.„ Where floodway areas cannot be spanned daze to excessive.: width, support towers shall be located to
avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed;
3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not
limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below
the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial
depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential
channel migration as determined by hydrologic analyses. In the event potential channel migration extends
beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall
also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall
assume the conditions of a one -hundred -year frequency flood as verified by the U.S. Army Corps of Engineers,
and shall include on-site investigations and consideration of historical meander characteristics in addition to
other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic
floodway shall be consistent with the city of Yakima shoreline master program regulations;
4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting
hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features;
and
5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed
for the transportation of nonhazardous materials where an existing or new bridge or other structure is available
and capable of supporting the line. When located on existing or new bridges or other structures with elevations
below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and
protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate
placement, design and protection throughout the floodway. Applicants must demonstrate that such
aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be
adequately protected from flood damage. If the transmission line is to be buried except at the waterway
crossing, burial specifications shall be determined as in subsection (C)(3) of this section;
D. Construction or reconstruction of residential structures only as authorized in YMC 15.27.412(E);
E. Improvements to existing residential structures that are not substantial improvements per YMC 15.27.200,
provided the improvement complies with the requirement set forth in YMC 15.27.412(B);
F. Water -dependent utilities and other installations which by their very nature must be in the floodway. Examples
of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream
crossings or wetlands; flood control and/or hydroelectric production; water diversion structures and facilities for
water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities;
hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices;
provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of
the proposal; and provided further, that the proposal is consistent with other provisions of this chapter and the city's
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shoreline master program. In all instances of locating utilities and other installations in floodway locations, project
design must incorporate floodproofing and otherwise comply with subsection C of this section;
G. Dikes; provided, the applicant can provide evidence that:
1. Adverse effects upon adjacent properties will not result relative to increased floodwater depths and
velocities during the base flood or other more frequent flood occurrences;
2. Natural drainage ways are minimally affected in that their ability to adequately drain floodwaters after a
flooding event is not impaired;
3. The proposal has been coordinated through the appropriate diking district where applicable, and that
potential adverse effects upon other affected diking districts have been documented; and
H. Roads and bridges, subject to the regulations of subsections (C)(1) through (5) of this section. (Ord. 2008-46 §
1 (part), 2008).
15.27.412 Prohibited uses.
The following uses/developments are prohibited in the floodway:
A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent
nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140);
B. Any encroachments, including fill, new construction and other development, shall require certification by a
registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the effect of the subject encroachment together with the
cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the
established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the
floodway, or result in any increase in flood levels during the occurrence of the base flood discharge;
C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other
control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities
where necessary;
D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official
designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified
one -hundred -year flood event;
E. Construction or reconstruction of residential structures within designated floodways, except for:
Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of
the assessed value of the structure either:
a. Before the repair, reconstruction or improvement is started; or
If the structure has been damaged and is being restored, before the damage occurred.
3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to
structures identified as historic places, shall not be included in the fifty percent.
4. If subsection B of this section is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Part Four.
F. The construction or storage of any object subject to flotation or movement during flood level periods;
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G. The following uses, due to their high degree of incompatibility with the purpose of establishing and
maintaining a functional floodway, are specifically prohibited:
1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream
Corridor, and Part Six, Wetlands;
Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and
3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels
during the occurrence of the base flood discharge (see YMC 15.27.509).
H. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory
construction that any use not permitted is prohibited. (Ord. 2008-46 § 1 (part), 2008).
15.27.413 Nonconforming uses and facilities.
A. Within the special flood hazard areas established by this chapter or amendments thereto, there may exist
structures and uses of land and structures which were lawful before these sections were adopted or amended, but
which would be prohibited or restricted under the terms of Part Four of this chapter or future amendment.
B. It is the intent of YMC Chapter 15.19 to permit these lawful preexisting nonconformities to continue until
they are removed by economic forces or otherwise, but not to encourage their survival except in cases where
continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter. (Ord.
2008-46 § 1 (part), 2008).
Article V. Flood Hazard Protection Administration
15.27.414 Administration.
The administrative official is vested with the duty of administering the rules and regulations relating to flood hazard
protection in accordance with the provisions of Part Four and may prepare and require the use of such forms as are
essential to such administration. (Ord. 2009-42 § 5, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.415 Authority.
Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance
with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal
regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the
critical areas ordinance. (Ord. 2009-42 § 6, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.416 Permit—Required.
Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This permit
may be in addition to the critical area development authorization as set forth in Part Three of this chapter. (Ord.
2008-46 § 1 (part), 2008).
15.27.417 Permit—Application.
All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee
as specified in YMC Title 11, using the forms supplied. The application shall not be considered complete until the
following minimum information is provided as identified below and in YMC 15.11.1150040:
A. Name, address and telephone number of applicant and property owner if different;
B. Project description and taxation parcel identification number;
C. Name of the stream or body of water associated with the floodplain in which the development is proposed;
and
D. Site plan map drawn to an engineering scale showing:
Actual dimensions and shape of the parcel to be built on;
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Sizes and location of existing structures on the parcel;
Location and dimensions of the proposed development, structure or alteration;
4. Location, volume and type of any proposed fill; and
5. The application shall include other information as may be required by the administrative official to clarify
the application for the enforcement of Part Four of this chapter. (Ord. 2008-46 § 1 (part), 2008).
15.27.418 Permit—Review.
Flood hazard permit applications will be reviewed to determine:
A. The elevation and floodproofing requirements of Part Four of this chapter;
B. The proposed development's location in relation to the floodway and any encroachments, YMC 15.27.412(B);
C. Alteration or relocation of a watercourse;
D. That the proposed development is a permitted use under Part Four of this chapter and YMC Title 15; and
E. That all necessary permits have been obtained from those federal, state or local governmental agencies from
which prior approval is required. (Ord. 2009-42 § 7, 2009: Ord. 2008-46 § 1 (part), 2008).
15.27.419 Use of available data.
When base flood elevation data has not been provided in accordance with YMC 15.27.400, Flood hazard areas
established, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available
from a federal, state or other source, in order to administer YMC 15.27.408, 15.27.412, and Chapter 15.25. (Ord.
2008-46 § 1 (part), 2008).
15.27.420 Limitations.
Permits issued on the basis of plans and applications approved by the administrative official authorize only the use,
arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or
construction. Use, arrangement or construction at variance with that authorized is a violation of Part Four and
punishable as provided by YMC Chapter 15.25. (Ord. 2008-46 § 1 (part), 2008).
15.27.421 Permit—Expiration and cancellation.
If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof,
the permit shall expire and be canceled by the administrative official. (Ord. 2009-42 § 8, 2009: Ord. 2008-46 § 1
(part), 2008).
15.27.422 Performance bonds.
A. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work
shall be completed in accordance with approvals under Part Four of this chapter. Bonds, if required, shall be
furnished by the property owner or other person or agent in control of the property.
B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount
equal to that which would be required in the surety bond. (Ord. 2008-46 § 1 (part), 2008).
15.27.423 Appeals.
The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the
applicant appeals the decision pursuant to the procedure established for appeals in Part Three. (Ord. 2008-46 § 1
(part), 2008).
15.27.424 Coordination.
Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance
with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal
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regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter. (Ord.
2009-42 § 9, 2009: Ord. 2008-46 § 1 (part), 2008).
Article VI. Elevation and Floodproofing Certification
15.27.425 Applicability.
Certification for elevation and floodproofing shall be required only for the new construction or substantial
improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard
area. (Ord. 2008-46 § 1 (part), 2008).
15.27.426 Certification form.
The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be
generally consistent with that required by FEMA for the administration of the National Flood Insurance Program.
(Ord. 2009-42 § 10, 2009: Ord. 2008-46 § 1 (part), 2008),
15.27.427 Information to be obtained and maintained.
The elevation and floodproofing certificate shall verify the following flood hazard protection information:
A. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure contains a basement;
B. The actual elevation (in relation to mean sea level) of floodproofing of all new or substantially improved
nonresidential floodproofed structures; and
C. Where a base flood elevation has not been established according to YMC 15.27.400, or where elevation data
is not available either through the flood insurance study, FIRM, or from another authoritative source, applications
for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of
past flooding, etc., where available. (Ord. 2008-46 § 1 (part), 2008).
15.27.428 Certification responsibility.
The project proponent shall be responsible for providing required certification data to the administrative official
prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing
data specified in YMC 15.27.427 must be obtained and certified by a registered professional engineer, architect, or
surveyor. The elevation and floodproofing certification shall be permanently maintained by the administrative
official. (Ord. 2008-46 § 1 (part), 2008).
Article VII. Flood Hazard Variances
15.27.429 Procedure.
Any person seeking a variance from the requirements of Part Four authorized under YMC 15.27.430 shall make
such request in writing to the planning department on the forms they supply. Upon receipt of a completed
application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners
of adjacent property within twenty-eight days of the receipt of a completed application and payment of fees. The
notice shall solicit written comment on the variance request and specify a time period not less than twenty days from
the date of mailing, during which written comments may be received and considered. The notice shall also state that
copies of the administrative official's final decision will be mailed upon request. The administrative official may
also solicit comments from any other person or public agency he or she feels may be affected by the proposal. (Ord.
2008-46 § 1 (part), 2008).
15.27.430 Variance limitations.
A. Variances shall be limited solely to the consideration of:
Elevation requirements for lowest floor construction;
Elevation requirements for floodproofing; and
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B. Variances shall not be considered for any procedural or informational requirements or use prohibitions of Part
Four of this chapter. (Ord. 2008-46 § 1 (part), 2008).
15.27.431 Conditions for authorization.
Before a variance to the provisions of Part Four may be authorized, it shall be shown that:
A. There are special circumstances applicable to the subject property or to the intended use, such as size,
topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone;
B. The granting of such variance will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in which the subject property is located;
C. Such a variance is the minimum necessary, considering the flood hazard, to afford relief;
D. Failure to grant the variance would result in exceptional hardship to the applicant; and
E. The granting of such a variance will not result in:
1. Increased flood heights;
2. Additional threats to public safety;
3. Creation of nuisances;
4. Extraordinary public expense; or
5. Conflicts with other existing local laws or ordinances. (Ord. 2008-46 § 1 (part), 2008).
15.27.432 Administrative official's decision.
After considering any comments received from other agencies, jurisdictions or adjoining property owners, the
administrative official shall approve, approve with conditions, or deny the variance request. The administrative
official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based.
(Ord. 2008-46 § 1 (part), 2008).
15.27.433 Notification and final decision.
The decision shall be issued within seven days from the end of the comment period. Further, the administrative
official shall mail the findings and decision to the applicant and to other parties of record requesting a copy. (Ord.
2008-46 § 1 (part), 2008).
15.27.434 Power to refer decisions.
In exercising the duties and powers of implementing and administrating Part Four of this chapter, the administrative
official may refer any variance application to the hearing examiner for action at a public hearing. (Ord. 2008-46 § 1
(part), 2008).
15.27.435 Appeals.
Any decision by the administrative official to approve or deny a variance request may be appealed subject to the
procedures set forth in YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008).
15.27.436 Federal flood hazard map correction procedures.
The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the
National Flood Insurance Program, are hereby adopted by reference. (Ord. 2008-46 § 1 (part), 2008).
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Chapter 15.27 CRITICAL AREAS*
Part Five. Fish and Wildlife Habitat and the Stream Corridor System
Article I. Introduction
15.27.500 Purpose and intent.
The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands and is
part of a fragile and highly complex relationship of geology, soils, water, vegetation, and wildlife. Policies and
standards to help conserve and protect are designed to accomplish the following:
A. Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science;
B. Follow the requirements pursuant to flood -resistant construction in the adopted building code;
C. Provide a zero net loss of natural wetland functions and values;
D. Provide possible alternatives for necessary development, construction, and uses within a designated stream
corridor and other hydrologically related critical areas;
E. Prevent decline in the quantity and quality of surface and subsurface waters;
F. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships;
G. Protect sensitive areas of the stream corridor from the potential negative effects of development;
H. Through voluntary agreements or government incentives, provide protection of natural wetland functions and
values; and
I. Recognize wildlife area conservation habitats within their natural geographic location through coordinated land
use planning. (Ord. 2008-46 § 1 (part), 2008).
15.27.501 Protection approach.
A. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction,
foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence
of essential resources such as food, water, nest building materials, and lack of diseases. The city of Yakima protects
fish and wildlife habitat through:
Protection of habitat for aquatic species; and
2. Protection of habitat for species located near the water.
B. The city of Yakima's approach to protecting threatened, endangered, and sensitive species habitat is by using
the protection approach sections of this chapter. (Ord. 2008-46 § 1 (part), 2008).
Article II. Designation and Mapping
15.27.502 Hydrologically related critical area features.
Stream corridors and other hydrologically related critical areas include one or more of the following features:
A. Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency
Management Agency (FEMA), as identified in the flood insurance study or corresponding maps, is hereby adopted
by reference and declared to be part of this chapter;
B. Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all
secondary channels within the ordinary high water mark;
C. Naturally occurring ponds under twenty acres and associated submerged aquatic beds; and manmade lakes
and ponds created within a stream channel;
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D. All wetlands as defined in YMC 15.27.200;
E. Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and
F. A buffer area for a stream channel, lake, or pond or from the edge of a wetland. (Ord. 2008-46 § 1 (part),
2008).
15.27.503 Habitat and habitats of local importance.
A. Habitats of local importance are habitats or species that due to their declining population, sensitivity to habitat
manipulation or other values make them important on a local level. Habitats of local importance may include a
seasonal range or habitat element with which a given species has a primary association, and which, if altered, may
reduce the likelihood that the species will maintain and reproduce over the long term.
B. Species and habitats of local importance may be identified for protection under this chapter. State or local
agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a
general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting
evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual
comprehensive plan amendment cycle.
The decision for changes to species and habitats of local importance shall consider:
a. Concern due to population status;
b. Sensitivity to habitat manipulation;
C. Importance to the local community; and
d. Criteria used to identify state priority species, which include:
i. State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife
species that WDFW will review for possible listing as state endangered, threatened, or sensitive;
ii. Vulnerable aggregations, which includes those species or groups of animals susceptible to
significant population declines, within a specific area, by virtue of their inclination to aggregate;
iii. Species of recreational, commercial, and/or tribal importance that are vulnerable; and
iv. The economic impact both positive and negative to the applicant's property or surrounding
property. Economic impact is to be determined by a properly qualified individual or firm using
industry standards.
2. Nominated habitats and habitats for species of local importance shall consider the following and must
include maps to illustrate the proposal:
a. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will
maintain or reproduce over the long term;
b. Areas of high relative density or species richness, breeding habitat, winter range, and movement
corridors;
Habitat with limited availability or high vulnerability to alteration; and
d. Whether these habitats are already identified and protected under the provisions of this or other local
ordinances or state or federal law.
Habitat management recommendations shall be included for use in the administration of this section.
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C. Development Standards. Projects located within habitats of local importance, as designated in subsection A of
this section, shall meet the standards below, rather than the development standards in YMC 15.27.508 through
15.27.521, unless review is also needed for a hydrologically related critical area. Projects shall be designated using
management recommendations established for the species or habitat by federal and state agencies, or those adopted
for species and habitats of local importance by the city of Yakima. The department shall consider the extent such
recommendations are used in its decision on the proposal, and may consider recommendations and advice from
agencies with expertise. (Ord. 2008-46 § 1 (part), 2008).
15.27.504 Functional properties.
A. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more of the following
functional properties:
1. Stream bank and shore stabilization;
2. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat;
3. Moderating the impact of stormwater runoff,
4. Filtering solids, nutrients and harmful substances;
5. Surface erosion prevention;
6. Providing and maintaining migratory corridors for wildlife;
7. Supporting a diversity of wildlife habitats; or
8. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic
environment.
B. Stream channels assist in one or more of the following functional properties:
1. Groundwater recharge and/or discharge;
2. Water transport;
3. Sediment transport and/or storage;
4. Biochemical functions;
5. Channel migration and the protection of habitats; or
6. Food and habitat.
C. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the
following functional properties:
Biogeochemical functions that improve water quality;
2. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing
erosion, and groundwater recharge); or
Food and habitat.
D. Floodplains generally provide one or more of the following functional properties:
Floodwater storage;
Floodwater passage and the movement of high -velocity waters;
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3. Sediment storage and recruitment;
4. Food and habitat;
5. Nutrient sink and/or source; or
6. Groundwater recharge and discharge.
E. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally
includes one or more of the following functional properties:
1. Reproduction and/or nesting;
2. Resting and refuge;
3. Foraging for food; or
4. Dispersal and migration.
F. Some functions require larger areas, which may not be achievable due to existing development and
construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to
accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards
should be offset by enhancement, restoration or preservation measures which replace the lost functions or values or
strengthen other functional values if replacement is not possible. (Ord. 2008-46 § 1 (part), 2008).
15.27.505 Streams, lakes and ponds typing system.
For purposes of this chapter, the city of Yakima hereby adopts a stream, lake and pond typing system, for those
features designated as critical areas in YMC 15.27.502 as follows:
A. Type 1 streams are those waters, within their ordinary high water mark (OHWM), meeting the criteria as
"shorelines of the state" and "shorelines of statewide significance" under RCW Chapter 90.58. Waters associated
with Type 1 streams as defined in RCW Chapter 90.58 are not included;
B. Type 2 streams are those surface water features which require protection due to the nature of their
contributions to the functional properties listed in YMC 15.27.504 and are considered "streams, lakes and/or ponds
of local importance," as listed in Appendix B of this title;
C. Type 3 streams include all perennial streams within the city of Yakima not classified as Type 1 or 2. (See
YMC 15.27.200, "perennial stream");
D. Type 4 streams are all intermittent streams within the city of Yakima not classified as Type 1, 2 or 3. (See
YMC 15.27.200, "intermittent stream");
E. Type 5 streams are all ephemeral streams within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5
streams are not regulated as streams. (See YMC 15.27.200, "ephemeral stream"); and
Lakes and Ponds.
1. Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4
stream shall have the same surface water type as the highest stream type from which the lake or pond receives
water.
2. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a
Type 1, 2, 3, or 4 stream shall be Type 3 ponds.
3. Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type I ponds..
(Ord. 2008-46 § 1 (part), 2008).
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15.27.506 Wetland rating system.
A. Wetlands within the city of Yakima are defined in YMC 15.27.200 and are shown on the data maps
referenced in YMC 15.27.507. Most, but not all, of the wetlands within the city of Yakima occur near streams. The
functional properties for wetlands are identified in YMC 15.27.504 and 15.27.603.
B. For regulatory purposes, wetlands are classified into four categories according to the wetland rating system
found in YMC 15.27.603(B). (Ord. 2008-46 § 1 (part), 2008).
15.27.507 Maps.
Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried and are depicted on a
series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical
areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and
nonregulatory in nature as described below:
A. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal
Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs).
B. Informational maps indicate the approximate presence, location and/or typing of the potential critical area.
Informational maps include, but are not limited to, the following:
Wetlands;
Streams;
Channel migration zone; and
4. Species and habitats of local importance. Note: This map will be generated at such a time when the city
of Yakima formally adopts a species or habitat of local importance.
C. Other nonregulatory information sources include maps or other data sources, but are not limited to:
1. Comprehensive flood hazard management plans;
2. Soil survey of the city of Yakima;
3. Surface geologic maps;
4. Historic and current aerial photo series; and
5. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. (Ord. 2008-46 § 1
(part), 2008).
Article III. General Development Standards
15.27.508 Prohibited uses.
The following uses and activities are prohibited within a designated hydrologically related critical area:
A. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to
water quality and life safety;
B. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the
mining of gravel;
C. The draining or filling of a wetland, lake or pond, except as provided for in YMC 15.27.519;
D. The removal and transport of material for fill outside of the stream corridor;
D
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E. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This
provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local
or state agency, and other related facilities;
Solid waste disposal sites;
G. Automobile wrecking yards;
H. Fill for the sole purpose of increasing land area within the stream corridor;
Uses located within the floodway fringe that are listed in YMC 15.27.410; and
Uses located within the floodway that are listed in YMC 15.27.412. (Ord. 2008-46 § 1 (part), 2008).
15.27.509 General policies and standards.
The following policies and standards shall apply to any development, construction, or use carried out within a
designated hydrologically related critical area:
A. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be marked on the ground
before any development, construction, or use is initiated;
B. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within
the stream corridor shall only be disturbed to the minimum extent possible;
C. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum
extent possible;
D. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least
impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate
state and/or federal agency may be considered;
E. Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation
projects using the Eastern Washington stormwater manual are exempt from:
1. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils
shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment
load;
2. The removal of ground -cover vegetation, excavation, and grading shall be scheduled for periods when
soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used
to prevent erosion;
3. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications
of land within a stream corridor shall provide on-site facilities for detention, control, and filtration if potential
increases have been identified to occur;
The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion;
and
5. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative
ground cover is successfully established;
F. Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater
through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances;
G. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing
source of biochemical or thermal degradation identified as originating on the project property shall be corrected;
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H. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application
schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical
materials into the stream corridor;
1. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features
shall not permanently alter or obstruct the natural volume or flow of surface waters;
J. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause
channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas;
K. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to
minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream
migration;
L. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of
a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency;
M. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood -
carrying capacity is not diminished;
N. Development, construction, or uses within the hydrologically related critical area shall be mitigated using
mitigation sequencing as outlined in YMC 15.27.307;
O. Development shall not obstruct, cut off, or isolate stream corridor features;
P. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon
the rights of private ownership;
Q. If archaeological resources are uncovered during excavation, developers and property owners shall
immediately stop work and notify the city of Yakima, the Washington State Office of Archaeology and Historic
Preservation and any affected Indian nation. Archaeological sites are subject to RCW Chapters 27.44 and 27.53.
Development or uses that may impact such sites shall comply with WAC Chapter 25-48, Archaeological Excavation
and Removal Permit;
R. Projects located within the floodway must meet the requirements of YMC 15.27.411; and
S. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities
(excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation
found in YMC 15.27.521. (Ord. 2008-46 § 1 (part), 2008).
Article IV. Water Dependency Development Standards and Buffer Requirements
15.27.510 Use classifications.
For purposes of this section, the components of any development, construction, or use requiring a critical area
development authorization shall be classified as provided below, and shall conform to the development standards
applicable to the classification provided in YMC 15.27.511 through 15.27.513:
A. Water -oriented uses are one of the following two categories of uses:
1. Water -dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water
intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream
and wetland crossings for utilities, swimming beaches, fishing sites, in -water or on -land shore stabilization
structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on
the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion
of a project that is demonstrably dependent upon the water or shore.
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2. A water -related use is one not intrinsically dependent on a waterfront location but whose economic
viability is enhanced by a waterfront location, either because it requires large quantities of water or because it
provides services for water -dependent uses and the proximity to its customers makes such services less
expensive and/or more convenient. Examples would include thermal power plants, sewage treatment plants,
water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat
rental shops.
B. Non -water -oriented uses include any use not qualifying as uses in subsection A of this section. (Ord. 2008-46
§ 1 (part), 2008).
15.27.511 Water -dependent uses.
The following provisions shall apply to water -dependent uses:
A. Structures shall be clustered at locations on the water's edge having the least impact to the surface water and
shore.
B. Use areas and structures which require direct shore locations shall be located and constructed to minimize
impacts to the shore area and the vegetative buffer specified in YMC 15.27.514.
C. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of
normal public navigation of the surface water. (Ord. 2008-46 § 1 (part), 2008).
15.27.512 Water -related uses.
The following provisions shall apply to water -related uses:
A. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge
as is possible and still preserve the essential or necessary relationship with the surface water.
B. Structures and use areas shall not be located within the vegetative buffer specified in YMC 15.27.514 except
where existing development or the requirements associated with the use make such a location unavoidable. (Ord.
2008-46 § 1 (part), 2008).
15.27.513 Non -water -oriented uses.
The following provisions shall apply to non -water -oriented uses:
A. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in
YMC 15.27.514.
B. Construction abutting the vegetative buffer specified in YMC 15.27.514 shall be designed and scheduled to
ensure there will not be permanent damage or loss of the vegetative buffer. (Ord. 2008-46 § 1 (part), 2008).
15.27.514 Vegetative buffers.
The establishment of a vegetative buffer system is necessary to protect the functions and values of certain
hydrologically related critical areas. Standard and minimum buffers for streams, lakes, ponds, and wetlands are
listed in Tables 27.5-1 and 27.5-2.
A. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds, and
from the edge of the wetlands. The width of the buffer shall be determined according to the stream or wetland type.
Buffer width may be reduced through an adjustment permit process (YMC 15.27.317). However, the administrative
official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through
twenty-eight points) or high (twenty-nine through thirty-six points) for wetland habitat function, except where it can
be shown that a particular wildlife species' needs within the buffer can be met with a smaller buffer.
B. Type 1 streams, lakes, and ponds are protected by the shoreline master program and are not part of this title.
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C. The minimum buffer widths listed in Tables 27.5-1 and 27.5-2 are the lowest possible buffer widths allowed
by means of the adjustment process. Adjustments below the minimum buffer width must meet additional approval
criteria as provided in YMC 15.27.317(C)(4).
D. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative
community within the buffer zone that is deemed adequate to protect the identified critical area.
1. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer
width.
2. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width.
Table 27.5-1
The administrative official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through twenty-
eight points) or high (twenty-nine through thirty-six points) for wetland habitat function, except where it can be shown that a particular wildlife
species' needs within the buffer can be met with a smaller buffer.
Table 27.5-2
Type 1 Wetlands
(standard/minimum)
Buffer Width—standard/(minimum
Stream Type
adjustment)
Type 1 shoreline
100'
streams, lakes, and
50725'
ponds
Type 2 streams, lakes,
75'/(25')
and ponds
Type 3 streams
50'/(25')
(perennial), lakes, and
ponds
Type 4 streams
25'/(15')
(intermittent), lakes,
and ponds
Type 5 streams
No buffer standards. Type 5 streams are not
(ephemeral)
regulated as streams, but may be protected
under geologically hazardous area,
floodplain, stormwater, construction, grading
or other development regulations..
The administrative official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through twenty-
eight points) or high (twenty-nine through thirty-six points) for wetland habitat function, except where it can be shown that a particular wildlife
species' needs within the buffer can be met with a smaller buffer.
Table 27.5-2
Type 1 Wetlands
(standard/minimum)
Type 2 Wetlands
(standard/minimum)
Type 3 Wetlands
(standard/minimum)
Type 4 Wetlands
(standard/minimum)
2007100'
150775'
100750'
50725'
(Ord. 2008-46 § 1 (part), 2008).
Article V. Land Modification Development Standards
15.27.515 Roads, railroads, and parking.
The following provisions shall apply to the location and construction of roads, railroads, and parking within a
designated hydrologically related critical area:
A. Roads and railroads shall not be located within a designated stream corridor except where it is necessary to
cross the corridor or where existing development, topography, and other conditions preclude locations outside the
stream corridor;
1. Construction of roadways across stream corridors shall be by the most direct route possible having the
least impact to the stream corridor;
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2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible
distance from stream or wetland and the least impact;
3. Roadways within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor
features, unless it is clearly unavoidable;
B. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to
maintain grade or shall be transported outside the stream corridor;
C. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that
would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood -
prone;
D. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor;
E. Bridges and water -crossing structures shall not constrict the stream channel or impede the flow of ordinary
high water, sediment, and woody debris;
F. The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts.
Where culverts are the preferred method, large, natural bottom culverts, multiplate pipes, and bottomless arches are
preferred;
G. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and
shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable,
erosion -resistant materials;
H. Where fish are present, culverts shall be designed and constructed to specifications provided through the
Department of Fish and Wildlife;
I. At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away
during a high water event;
J. Roads must be designed and constructed using established flood -resistant design and construction methods
when the road is possibly subject to flood water damage; and
K. Roads and bridges within floodways must meet the requirements of YMC 15.27.411(C) and (G), unless an
engineer can demonstrate another appropriate method. (Ord. 2008-46 § 1 (part), 2008).
15.27.516 Utility transmission lines and facilities.
The following provisions shall apply to the location, construction, and installation of utility transmission lines (such
as those for wastewater, water, communication, natural gas) within a designated hydrologically related critical area:
A. Utility transmission lines shall be permitted within the stream corridor only where it is necessary to cross the
corridor or where development, topography, and other conditions preclude locations outside the stream corridor.
B. Utility transmission lines across stream corridors shall be by the most direct route possible having the least
impact to the stream corridor.
C. The construction of utility transmission lines within a stream corridor shall be designed and located to provide
a minimum disruption to the functional properties.
D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair
with minimal disturbance to the stream corridor.
E. Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the
maximum scour or one-third of the bankfull depth of the waterway, whichever is greater, and for a similar depth
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below any associated floodway and floodplain to the maximum extent of potential channel migration as determined
by hydrologic analysis.
F. Wherever possible, new aboveground installations shall use existing bridges or pole facilities.
G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland
as is reasonably practical.
H. Transmission support structures shall be located clear of high flood velocities and located in areas of
minimum flood depth, which require the least amount of floodproofing.
I. Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater
groundwater patterns that support streams, wetlands and hyporheic flow.
J. All new and replacement water supply systems and wastewater systems within a special flood hazard area
must meet the requirements of YMC 15.27.407(D) (regarding infiltration or discharge into or out of the system).
K. Utility transmission lines within the floodway fringe shall meet the standards of YMC 15.27.409(B).
L. Utility transmission lines within the floodway shall meet the standards of YMC 15.27.411(Q. (Ord. 2008-46
§ 1 (part), 2008).
15.27.517 Shore stabilization.
The following provisions shall apply to shore stabilization projects:
A. Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens
existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream
properties;
B. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or
professionals with appropriate expertise;
C. Stabilization projects shall be confined to the minimum protective measures necessary to protect the
threatened property;
D. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not
extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a
restoration plan is approved for the area, and the fill material is in compliance with YMC 15.27.519;
E. Stabilization projects shall use design, material, and construction alternatives that do not require high or
continuous maintenance, and which prevent or minimize the need for subsequent stabilization of the shore's other
segments;
F. Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives
which preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads,
breakwaters, and other structural stabilization, while riprap, rock or other natural materials shall be preferred over
concrete revetments, bulkheads, breakwaters and other structural stabilization;
G. Applications to construct or enlarge dikes or levees shall meet the requirements of YMC 15.27.411(G);
H. Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore;
I. Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or other solid
construction methods; and
J. All new flood control projects shall define maintenance responsibilities and a funding source for operations,
maintenance and repairs for the life of the project. (Ord. 2008-46 § 1 (part), 2008).
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15.27.518 Dredging and excavation.
The following provisions shall apply to dredging and excavation within a designated hydrologically related critical
area:
A. Dredging in surface waters shall be allowed only where necessary:
1. Because of existing navigation needs;
2. Habitat improvement;
3. Maintenance; and
4. Construction of water -dependent uses.
B. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose
or use.
C. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be
preferred over agitation forms of dredging.
D. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and
other dredge materials.
E. Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the
minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance
and damage.
F. Dredging and excavation shall be scheduled at times having the least impact to fish during spawning, nesting,
and other identified natural processes.
G. Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit
is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or
other naturally occurring conditions. (Ord. 2008-46 § 1 (part), 2008).
15.27.519 Filling.
The following provisions shall apply to filling activities within a designated hydrologically related critical area:
A. Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water -
dependent uses or an approved reclamation plan under YMC 15.27.521 or approved compensatory mitigation plan
under YMC 15.27.604.
B. Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent
with this chapter's policies.
C. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having
the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the
floodplain, such as increasing foundation height or zero -rise methods such as piers, posts, columns, or other
methods.
D. Fill in floodplains shall meet the requirements of Part Four, Flood Hazard Areas.
E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand,
gravel, rock, or other clean material, with a minimum potential to degrade water quality.
F. Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other
identified natural processes.
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G. Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and
prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and
wetlands, unless the Washington Department of Fish and Wildlife indicates other options are preferred.
H. Projects that propose fill shall make every effort to acquire fill on site (compensatory storage) where
appropriate.
I. Fill should not obstruct, cut off, or isolate stream corridor features. (Ord. 2008-46 § I (part), 2008),
15.27.520 Commercial mining of gravel.
The following provisions shall apply to the commercial mining of gravel within a designated hydrologically related
critical area:
A. Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps
to scale which illustrate the following:
1. The extent to which gravel excavation and processing will affect or modify existing stream corridor
features, including existing riparian vegetation;
2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of
mining excavation;
3. The description, location, and extent of any proposed subsequent use that would be different from
existing uses.
B. Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or
loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature's
replacement at equal value, except wetlands which shall be mitigated according to guidance in the Washington State
Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).
C. Any surface mining allowed within the floodway shall meet the standards of YMC 15.27.411(B).
D. Except where authorized by the city of Yakima in consultation with the State Department of Fish and Wildlife
and Department of Ecology, the following shall apply:
1. The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland
from the ordinary high water mark (OHWM) of the stream channel.
2. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the
OHWM.
3. Gravel washing, rock -crushing, screening, or stockpiling of gravels shall not occur within one hundred
feet of the OHWM.
E. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine
Reclamation Standards (WAC Chapter 332-18, RCW Chapter 78.44). (Ord. 2008-46 § 1 (part), 2008).
15.27.521 Reclamation.
The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities
within a designated hydrologically related critical area:
A. Development, construction, or uses shall include the timely restoration of disturbed features to a natural
condition or to a stabilized condition that prevents degradation;
B. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work
or operations have been completed;
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C. Reclamation shall be scheduled to address precipitation, meltwater runoff, the growing season, and other
seasonal variables that influence restoration and recovery;
D. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent
and surrounding areas;
E. Where existing development and construction prevent return of a site to its natural condition, sites may be
finished to conditions comparable to surrounding properties provided suitable protective measures are used to
prevent stream corridor degradation;
Cut -and -fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved;
G. For the replacement or enhancement of vegetation within wetlands and required vegetative buffers naturally
occurring, native plant species shall be used; and
H. In other parts of the stream, naturally occurring, native plant species shall be used, unless a showing of good
cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self -
maintaining or low -maintenance plant species compatible with the native vegetation shall be used in place of non-
native and high -maintenance species. (Ord. 2008-46 § 1 (part), 2008).
Part Six. Wetlands
15.27.600 Purpose and intent.
The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for
YMC 15.27.500. (Ord. 2008-46 § 1 (part), 2008).
15.27.601 Designating and mapping.
A. Wetlands are all areas meeting the definition for wetlands as defined in YMC 15.27.200 and are hereby
designated critical areas which are subject to this chapter, except the following:
Irrigation systems that create an artificial wetland; and
Areas where changes in irrigation practices have caused wetland areas to dry up.
B. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These
maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife
Service and are to be used as a guide for the city of Yakima. (Ord. 2008-46 § 1 (part), 2008).
15.27.602 Protection approach.
Wetlands will be protected using the protection approach for hydrologically related critical areas found in YMC
15.27.501. Wetlands and their functions will be protected using the standards found in Part Four. (Ord. 2008-46 § 1
(part), 2008).
15.27.603 Wetland functions and rating.
A. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments.
Wetlands provide the following functions:
1. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and
transformation, sediment retention, metals, and toxics retention and transformation).
2. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation,
decreasing erosion, and groundwater recharge.
3. Food and habitat functions, which includes habitat for invertebrates, amphibians, anadromous fish,
resident fish, birds, and mammals.
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B. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be
based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised
August 2004 (Ecology Publication No. 04-06-15) which are summarized below:
1. Category I wetlands are more sensitive to disturbance than most wetlands; relatively undisturbed; and
contain ecological attributes that are difficult to replace. Generally, these wetlands are not common and make
up a very small percentage of the wetlands within the city of Yakima. The following types of wetlands are
classified as Category I:
a. Wetlands scoring seventy points or more (out of one hundred) in the Eastern Washington Wetland
Rating System (EWWRS);
b. Alkali wetlands;
C. Natural heritage wetlands (wetlands identified by Washington Department of Natural Resources
Natural Heritage Program scientists); and
d. Bogs.
2. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions,
Category II wetlands include:
a. Wetlands scoring between fifty-one and sixty-nine points (out of one hundred) in the EWWRS;
b. Unassociated vernal pools; and
C. Forested wetlands.
3. Category III wetlands are often smaller, less diverse, and/or more isolated from other natural resources.
Category III wetlands include:
a. Wetlands with a moderate level of functions (scoring between thirty and fifty points) in the
EWWRS; and
b. Associated vernal pools.
4. Category IV wetlands have the lowest levels of functions, scoring less than thirty points in the EWWRS.
Category IV wetlands are often heavily disturbed and are wetlands that should be able to be replaced.
C. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the
original condition of illegally modified wetlands that can not be discerned from aerial photographs or other reliable
information sources shall use the highest appropriate points value within each missing data field of the EWWRS
rating sheet to complete the rating. (Ord. 2008-46 § 1 (part), 2008).
15.27.604 Compensatory mitigation requirements.
Projects that propose compensation for wetland acreage and/or functions are subject to state and federal regulations.
Compensatory mitigation for alterations to wetlands shall provide for no net loss of wetland functions and values,
and must be consistent with the mitigation plan requirements of YMC 15.27.314(M). The following documents were
developed to assist applicants in meeting the above requirements:
A. Compensatory mitigation plans must be consistent with "Guidance on Wetland Mitigation in Washington
State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals" or as revised (Washington State
Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency
Region 10; Ecology Publication No. 04-06-013B).
B. Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent with "Wetlands
in Washington State—Volume 2: Guidance for Protecting and Managing Wetlands—Appendix 8-D—Section 8-133"
00C.
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or as revised (Washington State Department of Ecology. Publication No. 05-06-008). (Ord. 2008-46 § 1 (part),
2008).
15.27.605 Wetland mitigation banks.
A. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to
wetlands when:
The bank is certified under RCW Chapter 90.84 or WAC Chapter 173-700;
2. The administrative official determines that the wetland mitigation bank can provide appropriate
compensation for the authorized impacts; and
The proposed use of credits is consistent with the terms and conditions of the bank's certification.
B. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the
bank's certification.
C. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the
service area specified in the bank's certification. In some cases, bank service areas may include portions of more
than one adjacent drainage basin for specific wetland functions. (Ord. 2008-46 § 1 (part), 2008).
Part Seven. Geologically Hazardous Areas
15.27.700 Purpose and intent.
A. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other
geological events. These areas pose a threat to the health and safety of the city of Yakima's citizens when
incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development
within geologically hazardous areas should be avoided.
B. The purpose of this section is to:
1. Minimize risks to public health and safety and reduce the risk of property damage by regulating
development within geologically hazardous areas;
2. Maintain natural geological processes while protecting new and existing development; and
Establish review procedures for development proposals in geologically hazardous areas.
C. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within
such areas will be without risk. This section shall not create liability on the part of the city of Yakima, any officer, or
employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully
made hereunder. (Ord. 2008-46 § 1 (part), 2008).
15.27.701 Mapping and designation.
A. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC
365-190-080(4)(b) through (h):
Erosion hazards;
Landslide hazards, which include:
a. Oversteepened slopes;
b. Alluvial fan/flash flooding;
C. Avalanche; and
d. Stream undercutting;
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Seismic hazards (referred to below as earthquake hazards); and
Volcanic hazards.
B. The approximate location and extent of erosion hazard areas are shown on the city of Yakima's critical area
map titled "Erosion Hazard Areas of the City of Yakima." Erosion hazard areas were identified by using the "Soil
Survey of Yakima County Area, Washington" and the "Soil Survey of Yakima Indian Reservation Irrigated Area,
Washington, Part of Yakima County."
C. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map
titled "Geologically Hazardous Areas of the City of Yakima." The following geologically hazardous areas have been
mapped and classified using the criteria found in WAC 365-190-080(4)(b) through (h):
1. Landslide Hazard Areas (LS). These include places where landslides, debris flows, or slumps have
occurred.
a. High risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump
within 10,000 years or less.
b. Intermediate risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than
ten thousand years, but are still capable of movement.
C. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with
other low risk categories.
2. Oversteepened Slope Hazard Areas (OS). These include areas with slopes steep enough to create a
potential problem.
a. High risk areas (OS3) are defined as having a high potential to fail, include slopes greater than forty
percent, and consist of areas of rock fall, creep, and places underlain with unstable materials.
b. Intermediate risk areas (OS2) are defined as areas less likely to fail but are still potentially
hazardous. This category includes slopes between fifteen and forty percent.
C. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with
other low risk categories.
3. Alluvial Fan/Flash Flooding Hazard Areas (AF). These areas include locations where flash floods can
occur and are often associated with inundation by debris from flooding. These area may include:
a. Alluvial fans;
b. Canyons;
C. Gullies; and
d. Small streams where catastrophic flooding can occur.
4. Avalanche Risk Hazard Areas (AR). Areas of avalanche hazards are limited to areas near Cascade Crest,
which are currently located outside the city of Yakima's UGA.
5. Stream Undercutting Hazard Areas (SU). These areas are confined to banks near main streams and rivers
where undercutting of soft materials may result.
a. High risk areas (SU3) include steep banks of soft material adjacent to present stream courses.
b. Intermediate risk areas (SU2) are banks along the edge of a floodplain but away from the present
river course.
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C. Low risk areas (SU 1) are unlabeled and combined with other low risk areas on the maps.
6. Earthquake Activity Hazard Areas (EA). Recorded earthquake activity in the city of Yakima is mostly
marked by low magnitude events and thus low seismic risk. The city of Yakima's low risk areas are unlabeled
and combined with other low risk hazards.
7. Suspected Geologic Hazard Areas (SUS). These are areas for which detailed geologic mapping is
deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1-2-3) is given for
these areas. Most are probably OS or LS hazards.
8. Risk Unknown Hazard Areas (UNK). This category is limited to areas where geologic mapping is lacking
or is insufficient to make a determination. All of these areas are associated with other classified geologic
hazards.
D. Volcanic hazard areas are not mapped but are defined as areas subject to pyroclastic (formed by volcanic
explosion) flows, lava flows, and inundation by debris flows, mudflows or related flooding resulting from volcanic
activity. Volcanic hazard areas in the city of Yakima are limited to pyroclastic (ash) deposits. No specific protection
requirements are identified for volcanic hazard areas. (Ord. 2008-46 § 1 (part), 2008).
15.27.702 Geologically hazardous areas protection approach.
The geologically hazardous areas protection approach can be met by following the guidelines below and by
implementing the appropriate sections of the Building Code as adopted in YMC Title 11.
A. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing
the regulatory standards for erosion and drainage control required under YMC Title 11, building code. YMC Title
11 requirements can be met by the application of the Best Management Practices (BMPs) in the Eastern Washington
Stormwater Manual (WDOE publication number 04-10-076); equivalent manual adopted by the city of Yakima; or
any other approved manual deemed appropriate by the administrative official.
B. Landslide Hazard Areas. Protection measures for landslide hazard areas will be accomplished through the
review process of YMC 15.27.703 by implementing the development standards of YMC 15.27.704.
C. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas
will be accomplished through the review process of YMC 15.27.703.
D. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be
accomplished by critical areas review for flood hazards, streams, and shoreline jurisdiction.
E. Avalanche Hazard Areas. This condition is outside the city of Yakima's UGA and, therefore, does not apply,
F. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard areas will be
accomplished through the review process of YMC 15.27.703, by implementing the development standards of YMC
15.27.704.
G. Earthquake/Seismic Hazard Area Protection Standards. Protection measures for earthquake/seismic hazard
areas will be accomplished by implementing the appropriate sections of the Building Code as adopted in YMC Title
11.
H. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas. Protection measures for suspected
geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of YMC
15.27.703 and by implementing the development standards of YMC 15.27.704. (Ord. 2009-42 § 11, 2009: Ord.
2008-46 § 1 (part), 2008).
15.27.703 Development review procedure for geologically hazardous areas.
A. The administrative official shall make a determination of hazard to confirm whether the development or its
associated facilities (building site, access roads, limits of grading/excavation/filling, retaining walls, septic
drainfields, landscaping, etc.) are located:
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1. Within a mapped geologically hazardous area;
2. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an
increase in hazard, or pose a risk to life and property on or off the site;
3. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said
hazard area; or
4. Within the potential run -out path of a mapped avalanche hazard.
B. Developments that receive an affirmative determination of hazard by the administrative official under
subsection A of this section must conduct a geologic hazard report as provided in YMC 15.27.315(C), which may be
part of a geotechnical report required below.
1. If the geologic hazard report determines that no hazard exists or that the project area lies outside the
hazard, then no geologic hazard review is needed.
2. The administrative official is authorized to waive further geologic hazard review for oversteepened slopes
on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through the
issuance of a grading or construction permit.
C. Developments that receive an affirmative determination of hazard, but do not meet the provisions of
subsection (13)(1) or (13)(2) of this section, must:
Obtain a critical areas development authorization under Part Three;
2. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be
required for development:
a. The geotechnical report shall incorporate a submitted assessment which includes the design of all
facilities;
b. A description and analysis of the risk associated with the measures proposed to mitigate the hazards;
and
Ensure the public safety, and protect property and other critical areas; and
Be consistent with YMC 15.27.704. (Ord. 2008-46 § 1 (part), 2008).
15.27.704 General protection requirements.
A. Grading, construction, and development and their associated facilities shall not be located in a geologically
hazardous area, or any associated setback for the project recommended by the geotechnical report, unless the
applicant demonstrates that the development is structurally safe from the potential hazard, and that the development
will not increase the hazard risk on site or off site.
B. Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at
the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the geotechnical
report.
C. The geotechnical report shall incorporate methods to ensure that education about the hazard and any
recommended buildable area for future landowners is provided.
D. The applicable requirements of grading and construction permits for developments in hazardous areas must be
included in the development proposal and geotechnical report. (Ord. 2008-46 § 1 (part), 2008).
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Part Eight. Critical Aquifer Recharge Areas (CARA)
15.27.800 Purpose and intent.
A. The Growth Management Act (RCW Chapter 36.70A) requires local jurisdictions to protect areas with a
critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to
contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section.
B. Potable water is an essential life-sustaining element and much of the city of Yakima's drinking water comes
from groundwater supplies. Once groundwater is contaminated it can be difficult and costly to clean. In some cases,
the quality of groundwater in an aquifer is inextricably linked to its recharge area.
C. The intent of this part is to;
Preserve, protect, and conserve the city of Yakima's CARA from contamination; and
2. Establish a protection approach that emphasizes the use of existing laws and regulations while
minimizing the use of new regulations.
D. It is not the intent of this part to:
1. Regulate everyday activities (including the use of potentially hazardous substances that are used in
accordance with state and federal regulations and label specifications);
Enforce or prevent illegal activities;
3. Regulate land uses that use or store small volumes of hazardous substances (including in -field
agricultural chemical storage facilities, which do not require permits, or are already covered under existing
state, federal, or county review processes and have detailed permit review);
Establish additional review for septic systems, which are covered under existing city of Yakima review
processes;
5. Establish additional review for stormwater control, which is covered under existing review processes and
has detailed permit review; or
Require review for uses that do not need building permits and/or zoning review.
The above items are deemed to have small risks of CARA contamination or are beyond the development review
system's ability to control. (Ord. 2008-46 § 1 (part), 2008).
15.27.810 Mapping.
A. Mapping Methodology. The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City
of Yakima" located within the city of Yakima's 2006 Urban Area Comprehensive Plan 2025. The CARA map was
developed through a geographic information system (GIS) analysis using the methodology outlined in the
Washington Department of Ecology "Guidance Document for the Establishment of Critical Aquifer Recharge Area
Ordinances" (Publication No. 97-30). The approximate location and extent of critical aquifer recharge areas are
depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates
areas of moderate, high, and extreme susceptibility to contamination, as well as wellhead protection areas. In
characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following
physical characteristics were utilized:
1. Depth to ground water;
2. Soil (texture, permeability, and contaminant attenuation properties);
3. Geologic material permeability; and
4. Recharge (amount of water applied to the land surface, including precipitation and irrigation).
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B. Wellhead Protection Areas. The CARA map includes those wellhead protection areas for which the city of
Yakima has maps. Wellhead protection areas are required for all Class A public water systems in the state of
Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle
from its source to the well. Water purveyors collect site-specific information to determine the susceptibility of the
water source to surface sources of contamination. Water sources are ranked by the Washington State Department of
Health with a high, moderate, or low susceptibility to surface contamination. Wellhead protection areas are defined
by the boundaries of the ten-year time of ground water travel, in accordance with WAC 246-290-135. For purposes
of this chapter, all wellhead protection areas shall be considered highly susceptible. (Ord. 2008-46 § 1 (part), 2008).
15.27.820 Protection approach.
A. Maps shall be used only as an informational resource to communicate with applicants regarding potential
problems in meeting the applicable laws on a particular site. The maps indicate that areas of high susceptibility tend
to be located in valley bottoms and follow along floodplain and stream corridors. Extreme susceptibility locations
are located largely within floodplains and along streams and wetlands.
B. Land uses are subject to many existing federal, state, local, or tribal laws regarding the handling of substances
that may contaminate CARAs. Disclosure, educational information, and coordination of existing laws during
existing review processes can accomplish the requirement to protect the CARA. Consequently, the city of Yakima's
protection of the CARA shall be accomplished through normal project permit review under various Yakima
Municipal Code sections, especially the stream protection standards in this chapter (Part Five, Fish and Wildlife
Habitat and the Stream Corridor System); YMC Title 11, which provides detailed construction, use, and fire/life
safety standards for the storage and handling of dangerous and hazardous substances to a greater extent than most
existing state and federal laws.
C. The administrative official shall develop and maintain a list of the relevant laws noted above. This list shall be
informational and it is intended to be used in coordination with development permit review. This list shall be
periodically reviewed and updated so as to provide the most comprehensive list possible to inform project applicants
of the requirements of other agencies.
D. The administrative official shall also develop and maintain a table of land uses with the potential of being
subject to the relevant laws noted above. The table shall be generated and maintained using the intent stated in YMC
15.27.800(D).
E. The administrative official and water/irrigation manager shall cooperatively develop questionnaires, to be
filled out by new development permit applicants, which comprehensively establish the potential use, storage, and
handling methods within the project for substances that have the potential to contaminate groundwater. The
questionnaires are intended to ensure full application of existing building and construction codes related to such
substances in order to forestall new regulations.
F. The administrative official and water/irrigation manager shall develop technical assistance and information
materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and
local laws relating to CARAs. (Ord. 2009-42 § 12, 2009: Ord. 2008-46 § 1 (part), 2008).
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Chapter 15.28 MASTER PLANNED DEVELOPMENT
OVERLAY*
Chapter 15.28
MASTER PLANNED DEVELOPMENT OVERLAY*
Sections:
15.28.010 Purpose.
15.28.020 Types of master planned development overlays—Permitted uses.
15.28.025 Minimum project size.
15.28.030 Application—Master planned development overlay.
15.28.035 Phased development.
15.28.038 Planned action—Environmental review.
15.28.040 Review process.
15.28.050 Master planned development overlay—Development agreement.
15.28.060 Implementing permits and approvals.
15.28.070 Vesting.
15.28.080 Modification of an approved master planned development overlay.
* Prior legislation: Ord. 98-63,
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15.28.010 Purpose.
A. Purpose. A master planned development overlay (PD) is a comprehensive development plan intended to
provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a
variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and
economically utilize the land, resources, and amenities. A master planned development overlay is intended to create
regulatory incentives and standards that:
1. Allow flexibility in development standards and permitted uses while ensuring compatibility with
neighboring uses;
2. Facilitate the efficient use of land and provide for a comprehensive review of integrated development
projects;
3. Increase economic feasibility by fostering efficient arrangement of land uses, buildings, transportation
systems, open space and utilities;
4. Preserve or enhance natural amenities, features, shorelines and critical areas in the development of a
particular site;
Identify significant environmental impacts and ensure appropriate mitigation;
6. Provide certainty regarding the character, timing and conditions for planned residential, commercial,
industrial and mixed-use development within an identified geographic area and vest such projects through a
public review process;
7., Encourage environmentally sustainable development;
8. Provide needed services and facilities in an orderly, fiscally responsible manner;
9. Promote economic development, job creation and diversification and affordable housing in the
city/county;
10. Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and
recreational opportunities; and
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11. Promote consistency with the goals, policies and objectives of the Yakima urban area comprehensive
plan.
B. A master planned development may take the form of a residential, commercial, industrial, or mixed-use
development. Each is intended to accommodate and facilitate larger scale development designed to accomplish
integrated and flexible site planning. Residential, commercial and industrial master planned developments shall be
allowed in zoning districts consistent with the primary use of the respective master planned development (e.g.,
residential PD in residential zones). A master planned development—mixed-use shall be permitted in any zoning
district subject to specific findings that the site and master concept plan are compatible with existing adjacent land
uses.
C. Applicants for master planned development will be encouraged to utilize unique and innovative facilities that
encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian
circulation; promote open space and use of natural and/or developed amenities; and provide an architecturally
attractive, durable, and energy-efficient development. (Ord. 2008-46 § 1 (part), 2008).
15.28.020 Types of master planned development overlays—Permitted uses.
A. Types of Master Planned Developments. The following four types of master planned development overlays
are authorized within the Yakima urban area:
1. Master Planned Development—Residential. A residential master planned development is designed to
provide a type or mixture of residential dwellings (single-family, two-family, or multiple -family) with attendant
streets, utilities, public facilities, and appurtenant common open space and recreational facilities or other areas
or facilities. A residential master planned development is authorized in any residential zone (suburban
residential (SR), single-family residential (R-1), two-family residential (R-2), and multifamily residential (R-
3)); and professional business (B-1) and local business (B-2) zones. The residential master planned
development may include incidental or supporting uses and facilities that are consistent with the primary use of
the site for residential dwelling units.
2. Master Planned Development—Commercial. A commercial master planned development is designed for
the integrated site planning of commercial, retail, office, or mixed commercial use (commercial, office and
retail) developments. The commercial master planned development shall be for the primary purpose of
providing commercial services and facilities, and may include any incidental and/or supportive land uses. A
commercial master planned development is authorized in any commercial or business district (i.e., B-1, B-2,
SCC, LCC, AS, GC, CBD, and RD) and light industrial (M-1) as identified in Table 4-1 (YMC Chapter 15.04).
3. Master Planned Development—Industrial. An industrial master planned development is designed to allow
for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The
industrial master planned development shall be allowed in light industrial (M-1) and heavy industrial (M-2)
zoning districts as designated in Table 4-1 (YMC Chapter 15.04).
4. Master Planned Development—Mixed-Use. The intent of the mixed-use master planned development is
to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing
uses. Uses may be combined in single structures or buildings or may be designed in conjunction with other
uses.
A mixed-use master planned development is intended to accommodate larger scale residential, commercial, retail,
office, and/or recreational uses. It is recognized that mixed-use development will include innovative planning
techniques; a mixture and variety of land uses; integrated planning of site improvements and structures; and site
planning that increases the economic feasibility and efficient use of land. A mixed-use master planned development
is authorized in any zoning district except airport support (AS) and heavy industrial (M-2).
B. Master Planned Developments—Permitted Uses. The following uses are permitted in master planned
developments upon approval of a master development plan:
Residential Master Planned Developments,
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Chapter 15.28 MASTER PLANNED DEVELOPMENT
OVERLAY*
a. One -family, two-family, and multifamily residences;
b. Recreational and amusement facilities which are intended to serve the master planned development
and general public including, but not limited to: golf courses, clubhouses, driving ranges, tennis courts,
swimming pools, parks, community centers, and playgrounds;
C. Schools, libraries, museums, and art galleries;
d. Public services and facilities including police and fire stations;
e. Manufactured home parks and subdivisions; provided, that the provisions of YMC 15.04.150 shall
be met as a condition of approval of the master planned development; and
f. Any other uses authorized in the underlying zone are pursuant to Type (1), (2), or (3) review and are
set forth in Table 4-1 (YMC Chapter 15.04).
2. Commercial and Industrial Master Planned Developments.
a. Uses are permitted in accordance with those uses allowed within the underlying zoning district as
identified in Table 4-1 (YMC Chapter 15.04).
b. Such other uses as are consistent with the Yakima urban area comprehensive plan and future land
use map or are of a similar type and intensity as those uses allowed within the underlying zoning district as
identified in Table 4-1 (YMC Chapter 15.04).
3. Mixed -Use Master Planned Development. Any residential, retail, commercial, office, public, light
industrial, and/or recreational use may be permitted in a mixed-use master planned development provided such
uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and
development. It is recognized that uses may include a combination of residential, commercial, retail, service,
and recreational uses developed in an innovative manner. It is the intent of this district to provide flexibility in
design, concept, and usage in order to respond to and meet the needs of the community and marketplace.
C. Additional Uses Allowed. Unless otherwise restricted by subsection B of this section, the hearing examiner is
authorized to recommend additional uses within a master planned development provided such uses are an integrated
component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall
take into consideration the following factors:
1. Any nonresidential uses proposed in a master planned development—residential shall be primarily
designed and intended for the use of the residents within the proposed development and planned as an integral
part of such master planned development;
2. Nonresidential uses within a master planned development—residential are limited to those uses allowed
as Class (1) or Class (2) uses in professional business (B-1), local business (B-2), and small convenience center
(SCC), as listed in YMC Chapter 15.04, Table 4-1. Such nonresidential uses will be limited to no more than ten
percent of the land contained in the master planned development, excepting recreational facilities or as
otherwise provided in this chapter. No commercial or other intensive nonresidential use is permitted to be
closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying
zoning; and
3. Residential uses within a master planned development—commercial or industrial shall be limited to those
that are secondary to the primary commercial and industrial use and designed in a manner that is consistent
with integrated site planning. (Ord. 2008-46 § 1 (part), 2008).
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15.28.025 Minimum project size.
The minimum project size for a master planned development shall be two acres. All properties included in the
master development plan shall be contiguous with logical outer boundaries. (Ord. 2011-52 § 9, 2011: Ord. 2008-46
§ 1 (part), 2008).
15.28.030 Application—Master planned development overlay.
A. Application for Master Planned Development Overlay. The master planned development overlay zone shall
be established only in conjunction with a master development plan, which sets forth the parameters for development
of the property including a site plan and development agreement. An application for a master planned development
may be submitted as a concept plan or consolidated with site-specific proposals (e.g., preliminary plat, use
applications, etc.). The proposed master plan shall be for property under single ownership, or if in multiple
ownerships, the master plan application shall be signed by each owner of property within the master plan and all
owners shall agree to be bound by conditions of approval, including use, design and layout and development
standards established through the hearing process. All properties included in the master concept plan shall be
contiguous with logical outer boundaries located within the urban growth area (UGA). A proposed master concept
plan may include properties both within and outside the jurisdictional boundaries of the city of Yakima; provided,
that all areas are located within the UGA. Applications for master planned development overlays which transcend
jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing:
Annexation of the remainder of the property lying outside of city limits into the city of Yakima; or
2. Submit a petition for annexation to the Yakima city council for the above-mentioned property, and attain
and submit an early transfer of jurisdiction letter to the city of Yakima releasing the proposed land use
application to be processed by the city of Yakima.
B. Development Plan—Submission Requirements. An application for master planned development shall include
the following information:
1. Planting History. A summary of all previous known land use decisions affecting the applicant's property
and a list of all outstanding conditions of approval with respect to such prior land use decisions.
2. Existing Property Information. An application for a master planned development shall contain the
following information on and adjacent to the site, presented in narrative, tabular, and/or graphic formats:
a. Vicinity map that identifies surrounding uses within lliv ldir ce hundred feet of the site boundary.
b. Legal description for the proposed master planned development together with a title report disclosing all
lien holders and owners of record.
C. Zoning map that identifies base and overlay zoning designations for the site and surrounding property
uses within fiv thlr p hundred feet of the site boundary.
d. Site description including the following information provided in narrative, tabular, and/or graphic
formats:
e. Topography and natural resources including one -hundred -year floodplain; wetlands, rivers, streams, or
other critical areas; and natural hazards such as steep slopes greater than fifteen percent, and unstable,
impermeable, or weak soils.
f. Inventory of cultural, historic, and/or archaeological resources on the site, if any.
g. Existing buildings, if any, including use, location, size, and date of construction.
h. Existing on-site transportation systems including streets, sidewalks, and bike paths, if any..
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i. Location and size of existing public and private utilities on the site including water, sanitary sewer,
stormwater retention/treatment facilities, and electrical, telephone, and data transmission lines.
Location of public and private easements.
k. A description of the type, design, and characteristics of the surrounding properties for purposes of
assessing the proposed master planned development effects.
3. Technical Studies. Technical studies may be required by the administrative official when potential
adverse impacts are identified outside of the SEPA regulatory review process and may include the following:
a. A traffic impact analysis sufficient to assess access to the site and within the site, on -street parking
impacts and limitations and necessary traffic -related improvements;
b. Drainage study;
C. Geotechnical analysis;
d. Noise analysis;
e. Visual composite; and
f. Other analysis of potentially significant issues as identified during the SEPA environmental checklist
review.
Site Plan. The application shall include a concept site plan which includes the following elements„
a. Project boundaries;
b. Primary uses and ancillary uses;
C. Existing and proposed structures;
d. Gross floor area of development;
e. Maximum building heights;
f. Minimum building setbacks;
g. Maximum lot coverage;
h. Any other development standards proposed to be modified from the underlying zoning district
requirements;
i. The proposed circulation system of arterial and collector streets including, if known, the approximate
general location of local streets, private streets, off-street parking, service and loading areas, and major
points of access to public rights-of-way, with notations of proposed public or private ownership as
appropriate;
The proposed location of new and/or expanded public and private utility infrastructure;
k. Sitescreening, landscaping and street trees;
1. A master planned development incorporating commercial or industrial facilities must provide a
buffer or site design along the perimeter of the master planned development, which shall reasonably
transition the master planned development to any adjacent properties zoned or used for residential
purposes. If automobile parking, driveways, or machinery operation are to be provided within one hundred
L,11
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feet of a master planned development boundary, sitescreening shall be provided in accordance with YMC
15.07.020;
in. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban
design, solar access and shadow impacts;
n. Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as
identified in technical studies required by this chapter; and
o. Shoreline and critical areas where applicable.
5. Development Agreement. The application should also include a draft development agreement including
the following elements:
a. Narrative description of project and objectives;
b. Summary of development standards;
C. Site plan elements;
d. Development phasing, including times of performance to preserve vesting (YMC 15.28.070);
e. Public meeting summaries;
f. Performance standards and conditions addressing subsections (13)(5)(a) through (e) of this section;
g. Criteria for determining major versus minor modifications and amendments; and
h. Signatures by each owner of property within the master development plan area acknowledging that
all owners will agree to be bound by conditions of approval, including use, design and layout, and
development standards contained with an approved plan and development agreement. (Ord. 2008-46 § 1
(part), 2008).
15.28.035 Phased development.
The master planned development overlay application may include two or more phases of development; provided,
that:
A. The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination
of phased development;
B. The proposed timing or sequencing of development, recognizing that phasing may require flexibility that is
responsive to market demands;
C. Each phase will be subject to development standards identified, adopted, and vested in the review process; and
D. Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other
conditions in order to allow the phase to stand alone if no other subsequent phases are developed. (Ord. 2008-46 § 1
(part), 2008).
15.28.038 Planned action—Environmental review.
An application for master planned development overlay shall include a completed environmental checklist. If
requested by applicant and deemed appropriate by the city/+ luW y, a master planned development overlay proposal
may be designated by the city/c ouuu.iy as a planned action pursuant to RCW 43.21C.031(2) and WAC 197-11-164 et
seq. (Ord. 2008-46 § 1 (part), 2008).
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15.28.040 Review process.
A. Application. The master planned development overlay application shall be reviewed using the rezone
procedures described in YMC 15.23.030. The criteria of YMC 15.23.030(E)(1) through (7) shall not be used. Upon
filing of a complete master plan application and completion of the required environmental review process, the
planning department shall forward the application, together with its recommendation, to the hearing examiner to
conduct a public hearing and review in conformity with YMC 15.23.030.
B. Preapplication Conference. A master planned development site plan shall be subject to a preapplication
conference prior to formal submittal. The preliminary site plan shall be submitted to the administrative official,
which shall include the material outlined for a master concept plan as set forth in YMC 15.28.030(B). The
administrative official shall coordinate with the appropriate departments and provide recommendations to the
applicant regarding site planning; use and concept design; street, and utility layout, design, and location;
development standards; and other matters pertinent to the application and review criteria.
C. Public Hearing and Recommendation. A master planned development application shall be reviewed in an
open record public hearing before the hearing examiner. Hearings shall be as prescribed in YMC 16.03.030 and
16.03.040. The hearing examiner shall apply the master planned development review criteria set forth herein and
issue a written recommendation to the legislative body to approve, approve with conditions, or deny the proposed
master planned development. The hearing examiner may add recommended conditions as necessary to protect the
general public interest, health, safety, comfort, and welfare from potential impacts, nuisances, hazards, or offensive
conditions. The recommendation shall specifically include findings, conclusions, and conditions based on evidence
and testimony in the open record public hearing.
D. Master Planned Development—Review Criteria. The hearing examiner shall evaluate a master planned
development application and other evidence submitted into the record; and shall issue such recommendation based
upon the following considerations and criteria:
1. The master planned development application demonstrates the economic and efficient use of land and
provides for an integrated and consistent development plan for the site.
2. The applicant has identified development standards and uses that are consistent with the master plan and
designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and
site design. The hearing examiner may consider development standards that are different from currently
adopted development standards in order to provide flexibility in site planning; to implement project design and
concepts; to respond to market conditions; or to otherwise achieve the public benefits contemplated by the
concept plan.
Consideration shall be given to "low impact development" concepts.
4. There will be adequate infrastructure capacity available by the time each phase of development is
completed.
5. The master planned development contains design, landscaping, parking/traffic management, and use
mixture and location that limit or mitigate conflicts between the master planned development and adjacent uses.
Consideration shall be given to site planning that supports land use flexibility through means of appropriate
setbacks, landscaping, sitescreening, buffers, and other design features or techniques.
6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified
and mitigation incorporated to the extent reasonable and practical.
7. The project is designed and includes appropriate consideration of open spaces and transportation
corridors, designs of street and public open space amenities, and results in the functional and visual appearance
of one integrated project.
8. The proposed development is not adverse to the public health, safety, or welfare.
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9. The public benefits of approving the master planned development outweigh the effect of modification of
standards to the underlying zoning district.
10. The proposed development is designed to be consistent with the provisions of the shoreline master
program and critical areas ordinance of the appropriate jurisdiction.
E. Legislative Body. Following receipt of the hearing examiner's recommendation, the legislative body shall
schedule a closed record hearing for consideration of the hearing examiner's recommendation on the master planned
development overlay application. Upon conclusion of the hearing, the legislative body may:
Accept the hearing examiner's recommendation;
2. Remand the master planned development application to the hearing examiner to provide supplementary
findings and conclusions on specific issues;
3. Modify the hearing examiner's recommendation based upon testimony and evidence provided at the open
record public hearing. In the event of a modification of the hearing examiner's recommendation, the legislative
body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with
their final determination; or
Deny the application, with or without prejudice.
F. Appeals. The legislative body's decision shall be the final decision on the project permit application, subject to
appeal pursuant to the Land Use Petition Act (LUPA)--RCW Chapter 36.70C. (Ord. 2008-46 § 1 (part), 2008).
15.28.050 Master planned development overlay—Development agreement.
An approved master planned development overlay (including conditions and development standards) shall be
incorporated into a development agreement as authorized by RCW 36,7013. 170. The development agreement shall
provide for vesting of such development conditions and standards as are deemed reasonable and necessary to
accomplish the goals of the master planned development. This agreement shall be binding on all property owners
within the master planned development and their successors and shall require that development of the subject
property be consistent with and implement the provisions of the approved master planned development. The
approved development agreement shall be signed by the city manager or chaff °n a:�,� Y-dki lk
Ctlml�y and all property owners and lienholders within the boundaries of the master planned
development overlay and recorded prior to approval and/or issue of any implementing plats or permits. (Ord. 2008-
46 § 1 (part), 2008).
15.28.060 Implementing permits and approvals.
A. Implementing Applications. Any development applications submitted for property within an approved master
planned development overlay shall be reviewed for consistency with and implement the master planned
development plan. Such implementing applications with appropriate fees shall include but not be limited to
applications for preliminary plat approval, binding site plans, cu nificat w: t�tl at�����a,g ma vim tit��t� t� � a i q,"�iimp;, building
permits, and other similar applications. Any subsequent application shall be reviewed and approved in accordance
with the conditions and standards adopted in the master planned development overlay.
B. Planned Action—Environmental Review. An applicant may submit a master planned development concept
plan as a planned action pursuant to WAC 197-11-164. Any project review pursuant to the authorized planned
action shall include the following:
1. Verification that the project meets the description in, and will implement any applicable conditions or
mitigation measures identified in, the master planned development approval and ordinance or resolution; and
2. Verification that the probable significant adverse environmental impacts of the project have been
addressed in environmental review in the context of the master plan review processes.
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Chapter 15.28 MASTER PLANNED DEVELOPMENT
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In the event the implementing project meets the above requirements, the administrative official may deem the
project to qualify as the planned action designated in the master plan approval and a project threshold determination
or EIS shall not be required (WAC 197-11-172(2).) The city/coitgy is authorized to place conditions on the project
in order to address significant impacts that were not fully addressed through the planned action process. Public
notice for projects that qualify as planned actions shall be tied to the underlying permit. (Ord. 2008-46 § 1 (part),
2008).
15.28.070 Vesting.
A. The master planned development review shall be vested to development regulations, standards, conditions,
and laws applicable at the time the development agreement described in YMC 15.28.050 is recorded, inclusive of
specific conditions and standards set forth in said development agreement. The vesting period shall be for the time
stated in the development agreement associated with each specific master planned development and shall be agreed
upon by the parties to the development agreement after giving consideration to the extent and complexity of the
proposed development as well as specific development planning considerations raised by the developer. During the
stated vesting period the applicant shall be entitled to implement the master planned development in accordance
with the terms and conditions of approval described in the development agreement.
B. Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in
public facilities such as sewer and water, if such reservations are specifically agreed upon in the development
agreement required by YMC 15.28.050. Such reservations shall be applicable for the time set forth in the
development agreement. (Ord. 2008-46 § 1 (part), 2008).
15.28.080 Modification of an approved master planned development overlay.
Implementation of the master development plan shall be reviewed through the Type (1) review process.
Modifications to the adopted master development plan and/or development agreement may be requested from time
to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The
following criteria are established to assist this determination:
A. Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or
actions in compliance with an approved master development plan and development agreement; and
B. Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an
approved master development plan or development agreement.
A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing
official's discretion, the following criteria are satisfied:
1. The amendment does not increase the areas identified for any particular land use or increase the
residential density approved in the master plan;
2. The amendment does not increase the total floor area of nonresidential uses by more than five percent;
3. The amendment does not materially change the type and character of approved uses;
4. The amendment does not materially change parking or traffic circulation within the development;
5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or
other mitigation measures;
The amendment does not materially impact the overall design of the approved master plan; and
7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or
topography of the master planned development which are deemed not to be material or significant in relation to
the entire master planned development and are determined not to have any significant adverse effect on
adjacent or nearby lands or the public health, safety or welfare.
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C. Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to
a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major
modification' shall be any modification to an approved master development plan or development agreement that is
deemed to be more significant than a "minor modification' as described hereinabove.
Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15,
respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for
original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008).
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Yakima Municipal Code
Chapter 15.29 WIRELESS COMMUNICATIONS
FACILITIES
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.040
Permits required.
15.29.050
Application submittal/fees.
15.29.060
Development standards.
15.29.070
Design criteria.
15.29.080
Site selection standards.
15.29.090
Safety and industry standards.
15.29.100
Wireless conditional use permit criteria.
15.29.110
Wireless height variance.
15.29.120
Application review process.
15.29.130
Balloon tests—Visual impact assessments.
15.29.140
Third -party review.
15.29.150
Nonuse/abandonment.
15.29.160
Transfer of ownership.
15.29.170
Vacation of permits.
15.29.180
Violation—Penalty.
15.29.190
Relief, waiver, exemption.
15.29.200
Severability.
Page 257/294
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication facilities,
including towers, antennas and support structures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services throughout the city
quickly, effectively, and efficiently;
Encourage personal wireless service providers to locate towers and antennas in nonresidential areas;
Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in
areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes
any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape, screening, and
innovative camouflaging techniques;
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Chapter 15.29 WIRELESS COMMUNICATIONS
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4. To accommodate an increased need for towers to serve the wireless communications needs of city
residents;
5. To promote and encourage co -location on existing and new towers as an option rather than construction
of additional single -use towers, and to reduce the number of such structures needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act
of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and the proper
siting of antenna support structures.
B. New Uses. All new telecommunication towers, antennas and support structures shall comply with this chapter
after the effective date of the ordinance codified in this chapter.
C. Existing Uses. All telecommunication towers and antennas existing on the effective date of the ordinance
codified in this chapter that are not in compliance with this chapter shall be allowed to continue as they presently
exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and
antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or
other facilities shall comply with the requirements of this chapter.
D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act
of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to
unreasonably discriminate between providers of functionally equivalent personal wireless services.
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
any other city ordinance this chapter shall control. Otherwise, this chapter shall ho constmed cnnsistently with the
other provisions and regulations of the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her designees.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications
through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower,
structure or building for the purpose of providing wireless services, including unlicensed wireless
telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal
Communications Commission for "cellular," "enhanced specialized mobile radio" and "personal communications
services," telecommunications services, and its attendant base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at natural
grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall
include antenna, base pad, and other appurtenances and shall be measured from the natural grade of the parcel at the
lowest elevation point of the support structure's perimeter. "Antenna support structure" means any pole, telescoping
mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio
frequency signals.
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility within the
city.
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"Balloon test" means a test for a reasonable period of time to fly, or raise upon a temporary mast, a brightly colored
balloon, that is representative in size of the initial antenna array including all standoffs, at the maximum height of
the proposed tower.
"Base station" is defined as a facility or support structure consisting of radio transceivers, antennas, coaxial cable, a
regular and backup power supply, and other associated electronics, including a structure that currently supports or
houses an antenna, transceiver, or other associated equipment that constitutes part of a base station, and
encompasses such equipment in any technological configuration, including distributed antenna systems and small
cells.
"Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not
technologically impracticable under the facts and circumstances. The term includes, without limitation: (a) the use of
structures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing structure
that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
structure; (c) "stealth structures" in which the antenna or other wireless facility component is disguised or concealed
within a structure designed to appear as another structure (such as a church steeple or flagpole) or another natural
form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof
upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility
so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural
features.
"Cell site" or "site" means a tract or parcel of land that contains wireless service facilities including any antenna,
support structure, accessory buildings, and parking, and may include other uses associated with, and ancillary to,
personal wireless services.
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the mounting or installation of an antenna or antennas on an existing tower or wireless facility
for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC Title 15,
Yakima Urban Area Zoning Ordinance.
"COW" means "cell on wheels" or other temporary wireless communications facility.
"Design" means the appearance of wireless service facilities, including such features as their materials, colors, and
shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and to protect the electronic
equipment necessary for processing wireless communication signals. Associated equipment may include air
conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other
utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to
furnish and deliver telecommunications services and cable television services, including but not limited to poles
with cross -arms, poles without cross -arms, wires, lines, conduits, cables, communications and signal lines and
equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental
to the distribution and use of telecommunications services and cable television services.
00C.
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"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned utilities, and
special purpose districts including the school, fire and library districts.
"Hearing examiner" means the duly appointed hearing examiner of the city.
"Major modification" means a co -location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
"Minor modification" means a co -location or other modification that does not constitute a substantial change to an
existing wireless facility or base station as set forth in YMC 15.29.060(A)(1).
"Modification" or "modify" means the addition, removal or change of any of the physical and visually discernible
components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking
and/or an upgrade or change -out of equipment for better or more modern equipment. Adding a new wireless carrier
or service provider to a telecommunications tower or telecommunications site as a co -location is a modification. A
modification shall not include repair and maintenance as defined by this chapter.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted. There are three
types of mounts:
Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light
standards, utility poles, and bridges.
"Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the
approved finished grade of land platted through the subdivision process.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city
rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications
facilities owned by another telecommunications provider does not constitute occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
"Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title shall
be defined in the same manner as in 47 USC Section 332(c)(7)(C), as they may be amended now or in the future,
and includes facilities for the transmission and reception of radio or microwave signals used for communication,
cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless
services licensed by the FCC and unlicensed wireless services.
"Protected areas" are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c)
proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal,
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state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings,
structures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and
permanently protected archeological sites; and (f) designated areas subject to preservation or protection through
recorded conservation easement.
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited liability
company, other entity and/or individual that provides personal wireless service over wireless service facilities.
"Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement
is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or visually discernible components
or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
"Right-of-way use permit" means the authorization by which the city grants permission to a service provider to enter
and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing
identified facilities.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) structures, including poles and conduits, located within the right-of-way; or (b)
federally granted railroad rights-of-way acquired under 43 USC Section 912, and related provisions of federal law,
that are not open for motor vehicle use.
"Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
"Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility
from unauthorized entry or trespass.
"Service provider" means every corporation, company, association, joint stock association, firm, partnership, person,
city, or town owning, operating or managing any facilities used to provide and providing telecommunications or
cable television services for hire, sale, or resale to the general public. Service provider includes the legal successor
to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.
"State" means the state of Washington.
"Surplus space" means that portion of the usable space on a utility pole which has the necessary clearance from
other pole users, as required by the orders and regulations of the Washington Utilities and Transportation
Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or manages
plant, equipment or property within the city, used or to be used for the purpose of providing telecommunications
services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by wire, radio,
optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general public. For the purposes
of this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals,
pictures, sounds, or any other symbols. Telecommunications service excludes the over -the -air transmission of
broadcast television or broadcast radio signals, and facilities necessary for governmental purposes. The city shall act
on an application within a reasonable period of time, taking into account the nature and scope of the application.
Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written
record. The city shall approve, approve with conditions, or deny the application in accordance with the time frames
set forth in specific sections of this chapter, YMC Title 16, Administration of Development Permit Regulations, and
in accordance with other applicable ordinances.
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"Telecommunications service provider" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of offering
telecommunications services, except cable television service, to residents, businesses or other locations within the
city.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal
wireless service facilities including radio and television transmission towers, microwave towers, common -carrier
towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the
like. "Tower" also includes any structure built for the sole or primary purpose of supporting FCC -licensed antennas
and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the ground,
excluding the underground foundations or supports for overhead facilities.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not
need an FCC license.
"Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point
that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington
Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes, mains,
conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within
rights-of-way and used or to be used for the pui lose of providing utility or telecommunications services.
"Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles are subject to rights of ownership, applicable
franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC),
and statutes governing location and relocation.
"Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord.
2013-051 § 2 (Exh. A) (part), 2013).
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or displayed for
sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct -to -home or site satellite services,
when used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a personal wireless service facility and related equipment that
does not constitute a modification; provided, that compliance with the standards of this chapter is maintained.
Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to the
provisions of YMC 15.29.060(A).
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H. Subject to compliance with all other applicable standards of this chapter, a building permit application need
not be filed for emergency repair or maintenance of a personal wireless service facility until thirty days after the
completion of such emergency activity.
I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a maximum of
ninety days in any three hundred sixty-five day period or during an emergency declared by the city.
J. Telecommunications facilities of the city located upon city property and city utility poles and fixtures. (Ord.
2013-051 § 2 (Exh. A) (part), 2013).
15.29.040 Permits required.
The following table summarizes the permits required for the various types of personal wireless service facilities that
meet the standards of this chapter:
Table 29-1
Permit Table*
Type of Use Permit Type Approval Type
Co-location/minor
Modification
Administrative (if
modification (no
minor modification)
substantial change)
Co-location/major
Same as New Towers
Same as New Towers
modification
(depending on
(depending on
(substantial change in
location)
location)
height)
New antenna
Standard Wireless
Administrative
(existing noncellular
structures, industrial
and commercial
zoning districts)
New tower (public or
Standard Wireless
Administrative/Lease
city -owned property)
New tower
Standard Wireless
Administrative
(commercial or
industrial zoning
district, more than
300 feet from
residential or
protected area)
New tower (in or
Standard Wireless—if
Administrative
within 300 feet of
camouflaged by
or
residential zoning
stealth
Hearing Examiner
district)
Wireless CUP**—if
not camouflaged by
stealth
New tower (in or
Wireless CUP
Hearing Examiner
within 300 feet of
protected area)
Any tower, antennas Wireless Variance Hearing Examiner
or modification not
meeting standards of
this chapter
* Applicable permits include building permits and other permits
required for installation.
** Wireless conditional use permit
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Chapter 15.29 WIRELESS COMMUNICATIONS
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(Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.050 Application submittal fees.
A. Standard Wireless Application. A complete application shall consist of the following:
A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner's behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co -applicant by virtue of such authorization.
b. If any applicant or co -applicant is a corporation, trust, association, or other organized group or legal
entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of
authority filed with the state of Washington, Secretary of State's Office.
3. Evidence that the applicant is an FCC -licensed telecommunications provider or that it has agreements
with an FCC -licensed telecommunications provider for use or lease of the support structure.
4. Legal description of the parcel.
5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed
wireless facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot
intervals, location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, and all other items required in this chapter,.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the
height and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
9. A signed statement that the proposed installation will not cause physical or RF interference with other
telecommunications devices.
10. A copy of the FCC license for the intended use of the wireless telecommunications facilities,
11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer's "cut -sheets" of all
outdoor luminaries.
12. The location of existing or proposed structures, trees, and other significant site features intended to
camouflage the facility.
13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and
EIA standards and all other applicable federal, state and local laws and regulations.
14. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically
Excluded" to verify that the wireless telecommunication facility with the proposed installation will be in full
compliance with the current FCC RF emissions guidelines (non -ionizing electromagnetic radiation—NIER). If
not categorically excluded, a complete RF emissions study is required to provide verification.
15. Applicable fees.
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Chapter 15.29 WIRELESS COMMUNICATIONS
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16. Other information for each permit and structure type as specified in subsection B of this section.
B. Application by Permit Type, Structure Type and Location. In addition to the information required for a
standard permit in subsection A of this section, the following information shall be provided for each specified permit
type or structure type:
New Towers and Base Stations.
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of other personal wireless service facilities operated by the
applicant in the city.
b. The approximate distance between the proposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
C. A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users.
d. An affidavit stating that (1) the applicant and landowner agree they will allow co -location of
additional personal wireless service facilities by other providers on the applicant's structure or within the
same site location, subject to good faith negotiation of compensation according to market rates, and (2) the
applicant and/or landlord agree to remove the facility within ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally
responsible to dismantle and remove the WCF/antenna support structure and restore the site to its
approximate original prestructure condition within the applicable time limits set forth in YMC
15.29.150 following receipt of a letter from the city indicating that the facility is deemed abandoned or
in violation of this chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of
new facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant's effort to first locate the proposed communications facilities
on a government facility, a private institutional structure (such as a hospital or school), or other
appropriate existing structures outside the residential zone or protected area and within a half -mile radius
of the proposed site, and explaining why, based upon valid considerations including physical,
technological, leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the
proposed tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
C. A statement describing the applicant's effort to first contact the owners of structures in excess of
thirty-five feet within a one -quarter -mile radius of the site proposed and which from a location standpoint
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could meet the coverage/capacity objectives of the facility in the applicant's network. The statement shall,
if applicable, confirm whether the applicant asked for permission to install the antenna on those structures
and whether he or she was denied permission of use for reasons other than the ability or refusal of the
applicant to pay a market rate for use of the alternative structures.
Modification Permit.
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility. (This drawing is required in addition to elevation drawing of proposed
facility described under subsection A of this section);
b. A landscape and irrigation plan showing all methods to landscape and screen the base of the
modified telecommunication facility;
C. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility (if the
application is for modification of an existing facility); and
d. Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for
a wireless conditional use permit prescribed in YMC 15.29.100.
C. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
Wireless Variance.
a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for
a wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
C. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to post
notice at a location or locations deemed appropriate by the city, and will provide notice to the governing body of any
affected historic district association or organization. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2.
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Table 29-2
Application Fees*
Permit Type
Fee
Modification (if minor)
$300.00
Modification (if major)
$500A0
Standard Wireless
$500.00
Wireless Variance
$1,500,00
Wireless Conditional Use Permit
$3,500,00
* Separate fee required for each permit type associated with
application. For an application requiring a wireless variance and a
wireless conditional use permit, both the variance fee and the
conditional use permit fee are required.
(Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060 Development standards.
A. Modifications to an Existing Wireless Facility or Base Station.
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1. Minor Modification. Any modification of or co -location on an existing wireless facility that does not
substantially change the physical dimensions of such tower or base station (as defined in subsection (A)(2) of
this section), even if it exceeds the underlying standards of the zoning district, shall be deemed a "minor
modification' and shall be administratively approved under a modification permit.
2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major
modification." A substantial change occurs if:
a. The mounting of the proposed antenna on the tower would increase the existing height of the tower
by more than ten percent, or by the height of one additional antenna array with separation from the nearest
existing antenna not to exceed twenty feet, whichever is greater; or
b. The mounting of the proposed antenna would involve the installation of more than the standard
number of new equipment cabinets for the technology involved, not to exceed four, or more than one new
equipment shelter; or
C. The mounting of the proposed antenna would involve adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the
tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the
proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via cable; or
d. The mounting of the proposed antenna would involve excavation outside the current tower site,
defined as the current boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site.
3. Major Modification—Required Permits. A major modification shall be processed under the same permit
types as new towers located in the same zone and area. (See Table 29-1, Permit Table.)
B. Co -Location Capable—New Structures. To reduce the number of antenna support structures needed in the city
in the future, the following standards apply to new towers or base stations:
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1. Requirement and Waiver. New proposed support structures shall be designed to accommodate at least
two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as
possible without causing interference. This requirement may be waived if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth structures in residential or protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wireless telecommunications facilities site and structure proposed; or
b. The number of existing and potential licenses without wireless telecommunications facilities
spaces/sites; or
C. Available space on existing and approved towers or other appropriate structures.
Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for co -location for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner's successors will negotiate in good
faith for the co -location and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another telecommunications provider agrees in writing to
pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site
selection, planning, project administration, land costs, site design, construction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
C. Co -Location Encouraged—Existing Structures. To minimize adverse visual impacts associated with the
proliferation of towers, co -location of personal wireless service facilities on existing towers and structures is
encouraged as follows:
1. Co -location is permitted by right under a modification permit, unless the modification constitutes a
substantial change to the tower and/or base station pursuant to Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012. Changes to tower height that constitute a "substantial change" as defined by
subsection (A)(2) of this section are subject to all provisions applicable to new towers and base stations
described in this chapter.
2. The city may deny an application to construct new facilities if the applicant has not shown by substantial
evidence that it has made a diligent effort to mount the facilities on a suitable existing structure or tower within
one-half mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate
co -location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers.
E. Balloon Test. A balloon test is required for any application requiring a wireless conditional use permit or
variance. Additionally, the administrator may require a balloon test for any new wireless facility for which the
administrator finds that such test will enable the city to better determine appropriate means of camouflage or other
conditions.
F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning
districts.
Coe..
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Chapter 15.29 WIRELESS COMMUNICATIONS
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1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet
of an established or pending federal, state or local historic district or historic district overlay are facilities that
may affect districts, sites, buildings, structures or objects significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic
Places. (See 16 U.S.C. 470w-5; 36 CFR Parts 60 and 800.) Applicant shall comply with applicable provisions
of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment
provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein.
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing
wireless facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed
to be located in a local historic district, historic district overlay, or other protected historic site, listed in the city
of Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the construction, installation or major modification of wireless facilities in such
areas.
G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other construction
permits necessary to accomplish the construction.
H. Financial Security Required. The applicant shall provide a financial guarantee in the form of a bond or other
financial instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
I. Utility Pole Installations. Reserved. (Ord. 2013-051 § 2 (Exh. A) (part), 2013)..
15.29.070 Design criteria.
All facilities shall comply with the following standards:
1. Setback. A tower's setback shall be measured from the base of the tower to the property line of the parcel
on which it is located. Except as otherwise set forth below, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to an
existing city tower or facility.
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected
area, towers shall be set back from all property lines a distance equal to one hundred ten percent of tower
height as measured from ground level.
C. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback
requirements previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable
if the antenna and antenna support structure were constructed, or application for such construction vested,
on a parcel created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless
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facilities constructed on and after the effective date of this code on parcels created pursuant to RCW
58.17.040(8) arc subjcct to the setback requirements.
2. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
C. In all other zones, the maximum height is one hundred ten feet.
d. In any zoning district, the applicant shall have the burden of demonstrating that the tower is the
minimum height required to meet the proven communications need.
e. Structures that exceed the above height limits may be permitted by variance pursuant to the cellular
height variance provisions of YMC 15.29.110.
3. Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background, that minimizes their visibility, unless a different color is required by the FAA.
Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through
weathering, and to prevent flaking.
4. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required or
allowed by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a
distance that is three hundred percent of the height of the tower, then dual mode lighting shall be requested
from the FAA.
5. Fencing and Security. The antenna support structure shall be secured against unauthorized entry. A well -
constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided
around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of
chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by dense
vegetative screen at least eight feet in depth along all visible portions of the fence.
6. Anti -Climbing Device. All support structures shall be fitted with anti -climbing devices, as approved by
the manufacturers.
7. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into account existing structures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming structures shall
not be considered; nor shall structures such as utility poles, signs, smoke stacks, mechanical equipment, utility
substations, other wireless -based structures or similar features that contribute to visual clutter of an area be used
to determine an acceptable camouflage technique. In all zones, towers shall be camouflaged using the least
visually and physically intrusive facility that is not technologically impracticable under the facts and
circumstances. Camouflaging for new towers and base stations shall include the following:
a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be
required to buffer personal wireless service facilities to soften the appearance of the cell site. The city may
permit any combination of existing vegetation, topography, walls, decorative fences or other on-site
features instead of landscaping, if they achieve the same degree of screening as the required landscaping.
If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing
structure, landscaping shall not be required.
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b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated through
landscaping or other screening materials at the base of the tower and ancillary structures. Further, existing
vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as
a supplement to landscaping requirements. The following landscaping and buffering shall be required
around the perimeter of the tower and accessory structures:
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall
be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above.
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line
of three or more evergreen trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season
and maturity of plantings.
C. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs are paid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening
are preserved, the following note shall be recorded on the property title:
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility, shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the certified
arborist shall be submitted to the City for review and approval. Unless approved by the City,
only that portion of the tree required to remove the hazard can be removed. The City may
require the trees to be replaced by the telecommunication provider.
8. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or
protected area must be concealed within a stealth structure unless otherwise approved through a wireless
conditional use permit. Stealth structures shall be designed as follows:
a. The stealth camouflage structure or facility must be compatible with surrounding development by
being either similar in height to surrounding structures or a sufficient distance from surrounding structures
to create a significant visual separation;
b. Stealth designs reflect features that are indigenous to the area. For example, towers designed to look
like trees must be tree types that naturally or commonly occur in the surrounding neighborhood or district.
Towers designed to look like buildings or structures must be of a design that reflects local architecture or
structure types;
C. Stealth designs look reasonably similar to the items they intend to mimic. For example, towers
designed to look like flag poles have the common dimensions of flag poles, both in height and girth.
Towers designed to look like steeples on churches are of a height and scale proportional to the building
design. (Other churches in the area can provide examples of acceptable proportions between the size of the
steeple and the size of the church buildings.);
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d. After completion of construction, the antennas, towers and related facilities will be maintained
within the stealth structure so as to be concealed from view or be viewed as the camouflaging stealth
structure; and
e. The administrator may impose other conditions or mitigations reasonably related to such structures
as warranted by special conditions of the subject property and the type of camouflaging structure,
including but not limited to additional or supplemental setback requirements, maintenance requirements,
and other measures intended to accomplish the purposes of this chapter and section.
Antenna Criteria. Antennas on or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which it is mounted,
and shall be designed and located so as to minimize any adverse aesthetic impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall
as technically possible and shall not project above the wall on which it is mounted unless it must for
technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
C. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color
and texture of the building and wall on which it is mounted.
d. The antenna may be attached to an existing mechanical equipment enclosure which projects above
the roof of the building, but may not project any higher than the enclosure.
e. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the following
additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on
a wall.
ii. Roof mounted antenna and related base stations are screened from view by materials that are
consistent and compatible with the design, color, and materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the existing building.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
V. Antenna, antenna arrays, and support structures shall not extend more than sixteen feet above the
highest point of the structure on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the structure to which the antenna is attached. The
antenna and its support structure shall be designed to comply with applicable building code standards.
The antenna, antenna array, and their support structure shall be a color that matches the field or trim
color of the structure on which they are mounted.
10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna,
antenna array, or its support structure except when used to anchor the antenna, antenna array, or support
structure to an existing building to which such antenna, antenna array, or support structure is attached.
11. Equipment Structures. The standards for equipment structures (base stations) are as follows:
a. Ground Structure.
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i. The maximum floor area is five hundred square feet and the maximum height is twelve feet,
unless the applicant demonstrates that a larger area and/or increased height is necessary to
accommodate the proposed facility and possible co -location.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. In instances where equipment buildings are located in residential zones, equipment buildings
shall comply with setback requirements and shall be designed so as to conform in appearance with
nearby residential structures, including building form, materials and color.
b. Roof Mounted Structure..
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co -location
and adequate camouflage are used. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.080 Site selection standards.
A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood
situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the
east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or
historic district overlay zones; (c) proposed federal, state or local historic districts or historic district overlay zones
filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or
overlay zones); (d) sites, buildings, structures or objects listed in the National Register of Historic Places; (e) state
and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to
preservation or protection through recorded conservation easement.
B. Discouraged Areas in B-2 and SCC Zoning Districts. New antenna and antenna support structures should be
avoided in the following locations within the B-2 local business and SCC small convenience center zones when
possible:
Within three hundred feet of residential areas.
Within three hundred feet of protected areas.
An applicant that wishes to locate in these areas shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a site, private institutional structure, or other appropriate existing structures
more than three hundred feet from residential zoned districts or more than three hundred feet from a protected area,
and that, due to valid considerations including physical constraints, and technological feasibility, no more
appropriate location is available. Such antennas, towers and related facilities may be approved by the administrator,
subject to the administrator's approval of camouflage or disguise by stealth. Such proposed structures are also
subject to the balloon test and/or photo -simulation requirements of YMC 15.29.130 in order to assist the
administrator in determining appropriate camouflage and/or stealth requirements.
C. Priority of Locations. The order of priorities for locating new personal wireless service facilities shall be as
follows:
Co -location (See YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
Public property (See subsection E of this section).
D
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4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water
towers).
Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
Protected areas.
D. Site Selection Criteria.
1. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing
structure, shall evaluate different sites within a one -quarter -mile radius to determine which site will provide the
best screening and camouflaging while providing adequate service to satisfy its function in the applicant's
system. If the applicant proposes a site that does not provide the best opportunities for screening and
camouflaging then the applicant must demonstrate why the facility cannot be located at the site where it can be
best screened and camouflaged and why the antenna must be located at the proposed site.
2. Wireless facility installations, including any low power mobile radio service facilities, shall be located
and designed to minimize any significant adverse impact on residential property values. Facilities shall be
placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest
amount of camouflage.
E. Siting Priority on Public Property.
1. Order of Preference. Where public property is sought to be utilized by an applicant, priority for the use of
government-owned land for wireless antennas and towers will be given to the following entities in descending
order:
a. City of Yakima, except that any facilities proposed for location within the airport safety overlay
(ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC;
b. Public safety agencies, including law enforcement, fire and ambulance services, which are not part
of the city of Yakima and private entities with a public safety agreement with the city of Yakima;
C. Other governmental entities, for uses that are not related to public safety; and
d. Entities providing licensed commercial wireless telecommunication services including cellular,
personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general
public.
2. Subject to City Discretion. The placement of wireless service facilities on city -owned property is subject
to the discretion of the city and approval of lease terms that are acceptable to the city, and must comply with
the following requirements:
a. The facilities will not interfere with the purpose for which the city -owned property is intended;
b. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by city;
C. The applicant shall obtain adequate liability insurance naming the city as loss payee and commit to a
lease agreement that includes equitable compensation for the use of public land and other necessary
provisions and safeguards. The city shall establish fees after considering comparable rates in other cities,
potential expenses, risks to the city, and other appropriate factors;
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d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city
to cover the costs of removing the facilities;
e. The lease shall provide that the applicant must agree that in the case of a declared emergency or
documented threat to public health, safety or welfare and following reasonable notice the city may require
the applicant to remove the facilities at the applicant's expense. Telecommunication facilities serving
essential government services and other government agencies shall have priority over other users;
f. The applicant must reimburse the city for any related costs that the city incurs because of the
presence of the applicant's facilities;
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the
number of cell sites requested.
F. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities brings
with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities
in a park will be allowed only when the following additional requirements are met:
1. The city parks commission has reviewed and made a recommendation regarding proposed personal
wireless service facilities to be located in the park and this recommendation has been forwarded to the city
council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer
recharge areas) unless they are co -located on existing facilities; and
3. Before personal wireless service facilities may be located in public parks, visual impacts and disruption
of normal public use shall be mitigated. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.090 Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the
FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner's expense.
C. Data Transmission Standards. Towers shall be constructed to applicable Electronic Industry Association
(EIA) standards, which may be amended from time to time. Further, any improvements or additions to existing
towers shall require submission of site plans stamped by a professional engineer that demonstrate compliance with
the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time
building permits are requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the
current applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards.
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D. Inspection Report Filing. Within sixty days of any required safety inspection performed in accordance with
EIA and FCC standards, the facility operator shall file a copy of the report with the city. Each year after the facility
becomes operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100 Wireless conditional use permit criteria.
A. Uses Requiring Cellular Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless
conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC
15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the hearing
examiner.
B. Criteria for Granting Cellular Conditional Use Permit. Before any conditional use may be granted, the hearing
examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of
traffic and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to
the particular use on the particular site and in consideration of other existing and potential uses within the
general area in which the use is proposed to be located;
6. Recognize and compensate for variations and degree of technological processes and equipment as related
to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need; and
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7. Require the posting of construction and maintenance financial security sufficient to secure to the city one
hundred fifty percent of the estimated cost of construction and/or installation and fifteen percent maintenance
of required improvements.
D. Required Condition of Approval. The decision shall include a condition that building permits not be issued
until financial security is provided pursuant to YMC 15.29.060(H). This requirement applies whether specifically
stated in the decision or not.
E. Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a
conditional use permit shall be final and conclusive with right of appeal to the city council in accordance with YMC
16.08.030. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.110 Wireless height variance.
A. Applicability. A cellular height variance is required for any major modification to an existing tower, antennas,
or base station or construction of a new tower, antennas, or base station that requires a height in excess of height
limits defined in YMC 15.29.070(2).
B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
Compliance with standard wireless permit standards of YMC 15.29.120(D);
Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
All of the following criteria must be met:
a. The additional height is necessary to provide adequate service to the residents of the city and no
other alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing structures;
C. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum height required to meet the proven communications need;
d. The structure for which the variance is requested is in harmony with the general purpose and intent
of this chapter;
e. There is evidence that additional height is required to provide adequate service to the residents of the
city and that no other alternative is available;
f. There are special circumstances applicable to the subject property such as shape, topography,
location, or surroundings that prevent the operator from achieving the minimum height required to meet
the proven communications need;
g. That the granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity;
h. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
i. The location of the tower and antenna has been chosen so as to minimize the visibility of the facility
from residentially zoned land and to minimize the obstruction of scenic views from public properties; and
The variance is the minimum necessary to grant relief to the applicant.
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C. Decision. Based upon the information provided by the applicant, the results of the balloon test and visual
impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
1. Approve an application for a variance, which may include additional requirements above those specified
in this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of the criteria in subsection B of this section. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.120 Application review process.
A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. Review for Completeness. The administrator shall review each application for completeness as specified in
YMC 15.29.050. After review of the application, the administrator shall issue a determination of completeness or
incompleteness in accordance with Chapter 16.04 YMC. In addition to information required for a complete
application, the administrator may request additional information from the applicant to review the proposal and
determine compliance with the provisions of this chapter. Except for the timelines specified in subsection C of this
section for applications to modify an existing wireless facility or base station, such administrative review, processing
and issuance of administrative permits shall comply with the city's timelines and procedures governing review and
issuance of administrative permits in Chapter 16.04 YMC.
C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations
shall be reviewed as follows:
1. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether the
requested modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A).
The administrator may request additional information from the applicant or any other entity to assist in this
determination.
2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the
administrator to be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a
modification permit, which may include conditions necessary to achieve compliance with the provisions of this
section. Issuance of the modification permit shall occur within forty-five days after receipt and approval of a
complete application for a modification permit.
3. Finding of Substantial Change—Major Modification. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless tower or base
station, he shall issue a written determination that the change is a major modification and direct the applicant to
submit the appropriate application(s) as specified in Table 29-1 and YMC 15.29.050.
D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base
stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications
shall be reviewed as follows:
1. Administrative Decision. All standard cellular applications shall be subject to administrative review and
decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-
1.
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2. Camouflaging/Stealth Review. The administrator shall review the proposed method of camouflaging or
stealth against conditions on or surrounding the site as follows:
a. The administrator shall consider how proposed design of the tower, placement on the site,
topography of and surrounding the site, color, structures on and surrounding the site, and natural features
on and surrounding the site help to blend the wireless facility into its setting.
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based
upon lines of sight or vantage points identified by the administrator.
C. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co -
location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
4. Written Decision. The administrator shall issue a written decision on the application within the time
frame specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and
including any conditions necessary to achieve compliance. The decision shall include a condition that building
permits not be issued until financial security is provided pursuant to YMC 15.29.060(H).
5. Appeals. The determination or decision of the administrator on any application under this chapter shall
constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be
submitted to the administrator, who shall review such application for completeness and compliance with filing
requirements under this chapter and applicable codes of the city, in accordance with the provisions and
procedures of YMC 1.43.090 and YMC Title 16.
2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in
compliance with filing requirements of this chapter, and that required balloon tests, visual impact assessments
and other required reports have been finalized, the administrator in coordination with the hearing examiner
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shall be responsible for assigning a date for and assuring due notice of public hearing for each application,
which date and notice shall be in accordance with the provisions of YMC Title 16.
5. Hearing Examiner—Procedures—Factors. When considering an application for a conditional use permit,
the hearing examiner shall consider the applicable standards, criteria and policies established by this title as
they pertain to the proposed use and may impose specific conditions precedent to establishing this use.
Wireless Height Variance Review. A wireless height variance shall be processed as follows:
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.2 1, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. Balloon Tests and Visual ltnpact. Assessment, The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Third -Party Review. Applications for variance may also require third -party review as described in YMC
15.29.140.
4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.130 Balloon tests—Visual impact assessments.
A. Balloon Test. Where a balloon test is required, the applicant shall, prior to the public hearing on the
application, hold a balloon test. The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored
balloon that is representative in size of the initial antenna array including all standoffs, at the maximum height of the
proposed tower. The dates (including a second date, in case of poor visibility on the initial date), times and location
of this balloon test shall be advertised by the applicant seven and fourteen days in advance of the first test date in a
newspaper with a general circulation in the city. The applicant shall inform the city, in writing, of the dates and
times of the test, at least fourteen days in advance. The balloon shall be flown for at least seventy-two consecutive
hours on the dates chosen. At least twenty-four hours of this time shall be on a weekend. No trees shall be removed
to conduct the balloon test. A report with pictures from various locations of the balloon shall be provided with the
application. Photos of the balloon test from three locations located approximately three hundred feet from the base
of the proposed tower and spaced evenly in a circumference around the proposed tower and three locations located
approximately one-quarter mile from the base of the proposed tower shall be submitted within two weeks after the
commencement of the balloon test.
B. Visual Impact Assessment. A visual impact assessment with photo simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or substantial modification increasing the height of an existing
structure is proposed, a computer generated "zone of visibility map" at a minimum of one -mile radius from the
proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed
installation may be seen.
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Chapter 15.29 WIRELESS COMMUNICATIONS
FACILITIES
2. Photo Simulations. Pictorial representations of "before and after" (photo simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed structure.
3. Description of Visual Impact. A written description of the visual impact of the proposed facility
including, and as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and
adjacent properties and streets as relates to the need or appropriateness of camouflaging. (Ord. 2013-051 § 2
(Exh. A) (part), 2013).
15.29.140 Third -party review.
Personal wireless service providers use various methodologies and analyses, including geographically based
computer software, to determine the specific technical parameters of their services and low power mobile radio
service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal
paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a provider.
The city may require a technical review as part of a permitting process for a variance or conditional use permit. The
costs of the technical review shall be borne by the provider.
The selection of the third -party expert may be by mutual agreement between the provider and the city, or, at the
discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and
review its qualifications. The expert review is intended to address interference and public safety issues and be a site-
specific review of technical aspects of the facilities or a review of the providers' methodology and equipment used
and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider's application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013),
15.29.150 Nonuse/abandonment.
A. Notice of Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by certified U.S.
mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to
give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation.
Upon such abandonment, the provider shall have sixty days or additional period of time determined in the
reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the
facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower
point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in
the number of transmissions from the antennas, the operator of the tower shall have six months from the date of
effective abandonment to co -locate another service on the tower. If another service provider is not added to the
tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
personal wireless facilities which do not diminish their essential role in providing a total system shall not
constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of
the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be
reduced in height.
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3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, foundation, and related facility at the provider's expense. If there are two or more providers co -
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facility.
B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or
upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.160 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the responsibility
of the current owner of the property, whether that is the applicant or a successor. No permit for which a financial
security is required shall be considered valid during any time in which the required financial security is not posted.
(Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.170 Vacation of permits.
A. Any permit issued pursuant to this chapter may be vacated upon approval by the current landowner; provided,
that:
The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if
the above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by
the filing of a notice of land use permit vacation on a form provided by the community development department
with the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180 Violation—Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter
shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any
violation of the provisions of this chapter, and any installation and/or operation of any structure in violation of the
provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies
available under state law and city codes. The enforcement actions authorized under this code shall be supplemental
to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies
available under state law and city codes. (Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.190 Relief, waiver, exemption.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such,
pursuant to and in compliance with the applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or complete. No such relief or exemption shall be approved unless the applicant
demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no
significant affect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.200 Severability.
a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application
thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable,
and the remaining provisions of this chapter, and all applications thereof, not having been declared void,
unconstitutional, or invalid shall remain in full force and effect.
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b. Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed
or ruled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a
competent authority, the permit shall be void in total, upon determination by the city. (Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
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Yakima Municipal Code
Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
Chapter 15.30
AIRPORT SAFETY OVERLAY (ASO)
Sections:
15.30.010
Purpose.
15.30.020
Applicability.
15.30.030
Definitions.
15.30.040
Airport safety overlay zones.
15.30.050
Height limitation.
15.30.060
Land use overlays.
15.30.070
Application requirements.
15.30.080
Nonconforming uses.
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15.30.010 Purpose.
The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field
and any other state and federal system airports from airspace obstructions or hazards and incompatible land uses in
proximity to the Yakima Air Terminal at McAllister Field or other public airport with defined airspace per Federal
Aviation Regulations (FAR) Part 77.
Property within the airport safety overlay may be exposed to aircraft noise, vibration, fumes, dust and fuel
particulates, as may be inherent in the operation of aircraft, now known or hereafter used for aircraft navigation and
flight while using said airspace for landing at, taking off from, or operating within the airport area. (Ord. 2015-028 §
2 (Exh. A) (part), 2015).
15.30.020 Applicability.
The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses located within
those areas that are defined by the airport overlay district and designated on the Yakima Air Terminal at McAllister
Field Part 77 Surfaces map which identifies areas of height limitations and the airport safety overlay zones map
shown below as Figure 30-1. (This figure is for illustration purposes only. An accurate depiction of the airport safety
overlay zones map can be found on the city's GIS website, which is maintained by the city's information systems
department.) (Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.030 Definitions.
The following terms are established for the purpose of protecting the airspace of the Yakima Air Terminal at
McAllister Field or any other state and federal system airport:
Figure 30-1: Airport Safety Overlay Zone Map
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Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
"Airport" means the Yakima Air Terminal at McAllister Field operated by the city of Yakima including all property
designated in the Yakima Air Terminal at McAllister Field Master Plan as part of the airport.
"Airport elevation" means the highest point of an airport's useable landing area measured in feet from sea level. The
Yakima Air Terminal at McAllister Field is one thousand forty-nine feet above mean sea level.
"Airport influence area" includes airport property and all land within the airport safety overlay zones 1 through 6 as
described in YMC 15.30.040 and depicted in the airport safety zones map adopted in the Yakima Air Terminal at
McAllister Filed Master Plan.
"Airport use" means any facility or activity directly associated with the air transportation of persons or cargo or the
operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifically include runways,
taxiways, and their associated protected areas defined by the Federal Aviation Administration, together with aircraft
aprons, hangars, fixed base operations, terminal buildings, etc. Other uses also include airport commercial, airport
industrial, and airport operations, as defined in YMC 15.02.020.
"Approach surface" means an imaginary surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the approach zone
height limitation slope set forth in YMC 15.30.050. The perimeter of the approach surface coincides with the
perimeter of the approach zone.
"Conical surface" means an imaginary surface extending outward and upward from the periphery of the horizontal
surface at a slope of twenty to one for a horizontal distance of four thousand feet.
"Deed notice" means a formal statement, provided in YMC 15.30.070(D), as a note on the face of a short plat, major
subdivision or binding site plan or recorded against the property notifying potential property owners that the
property is located adjacent to an active airport and said property may be impacted by aircraft noise, odors,
vibration, and low flying aircraft.
"FAA Form 7460-1, Notice of Proposed Construction or Alteration" means a form which the Federal Aviation
Administration (FAA) requires to be completed by anyone who is proposing to construct or alter an object that could
affect airspace within the airport influence area and allows the FAA to conduct an airspace analysis to determine
whether the object will adversely affect airspace or navigational aids.
"FAR Part 77 surfaces" means the part of 49 CFR of the Federal Aviation Regulations that deals with objects
affecting navigable airspace.
"FAR Part 77 zones" means imaginary airspace surfaces established with relation to each runway of an airport.
There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical.
"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and
efficient utilization of the navigable airspace.
Height. For the purpose of determining the height limits in all zones and as shown on the Yakima Air Terminal at
McAllister Field Future Part 77 Zones map, this datum shall be height above mean sea level elevation unless
otherwise specified.
"Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the
perimeter of which plane coincides with the inner perimeter of the conical surface. This is one thousand one hundred
ninety-nine feet above mean sea level for the Yakima Air Terminal at McAllister Field.
"Infill" means the practice of developing or redeveloping vacant or underutilized land in the midst of a community,
especially land that is surrounded by existing uses similar to the ones proposed. This may mean further subdivisions
of existing parcels to accommodate additional growth, redevelopment of under-utilized property to increase its
density or intensity, or simply creation of new development on vacant land.
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Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
"Nonconforming use" means any use, situation, lot, building or structure that legally existed prior to the adoption of
a development regulation that would otherwise prohibit its use.
"Obstruction" means any object of natural growth, terrain, of permanent or temporary construction or alteration,
including equipment or materials used therein which exceeds a limiting height set forth in YMC 15.30.050.
"Object of natural growth" means a tree, shrub or similar organic or vegetative matter.
"Precision approach" means a landing approach made without visual reference to the ground by the use of aircraft
instruments and ground-based electronic or communications systems or devices. An aircraft making such an
approach should be flying in accordance with an IFR (Instrument Flight Rules) flight plan.
"Primary surface" means a surface longitudinally centered on a runway with a width of one thousand feet for
instrument approaches and five hundred feet for visual approaches. When the runway has a specially prepared hard
surface, the primary surface extends two hundred feet beyond each end of the runway. The elevation of any point on
the primary surface is the same as the elevation of the nearest point on the runway centerline. The elevation of the
primary surface at the Yakima Air Terminal at McAllister Field is one thousand forty-nine feet above mean sea
level.
"Runway" means a defined area on an airport prepared for landing and take -off of aircraft along its length.
Transitional Surfaces. These imaginary surfaces extend outward at ninety -degree angles to the runway centerline,
and runway centerline extended, at a slope of seven feet horizontally for each foot vertically from the sides of the
primary and approach surfaces to where they intersect with the horizontal and conical surfaces.
"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures,
with no straight -in instrument approach procedure and no instrument designation indicated on an FAA -approved
airport layout plan. (Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.040 Airport safety overlay zones.
Zone 1—Runway Protection Zone. This zone encompasses the runway protection zone (RPZ) at each end of the
runway and should use the RPZ dimensions established in accordance with FAA standards (RPZ dimensions depend
mostly on the visibility minimums for the approach to that runway end). Also included in the zone are the strips of
land immediately adjacent to the runway where FAA standards preclude structures. Zone 1 is where the greatest
concentration of accidents take place.
Zone 2—Inner Approach/Departure Zone. This zone wraps around and extends beyond zone 1 along the runway
centerline. Next to the RPZ, it represents the area where the risk of aircraft accidents is the greatest. On departure,
aircraft are typically at full power in the initial phase of climb. On approach, they are at low altitude as they prepare
for landing.
Zone 3—Inner Turning Zone. This zone is a wedge-shaped area lying along the sides of zone 2. It is primarily
significant at general aviation airports where most of the flights are visual. At airports where most aircraft approach
and depart on instrument flight plans, then the close -in turns which are the concern with zone 3 can be a narrow
wedge. When operating visually, departing aircraft may begin turning over this area to fly toward their destination or
to remain in the traffic pattern. Arriving aircraft often overfly this area as well, especially if they are flying a tight
pattern. One type of accident known to occur in this area is a low -altitude stall -spin that can happen if a pilot
attempts to make too tight of a turn.
Zone 4—Outer Approach/Departure Zone. This area lies beyond zone 3 along the extended runway centerline.
Aircraft flying straight out or in overfly this area at low altitude. The zone is particularly significant on runways
where much of the operations are on instrument procedures and at busy airports where elongated traffic patterns are
common. The risks in this area are moderate, but less than in zones 1 through 3.
Zone 5—Sideline Zone. Lying in narrow bands along each side of the runway, aircraft do not normally fly over the
sideline zone. The principal risk is from aircraft that lose directional control while landing or just after takeoff. The
risks are lower than in zones 1 through 3 and similar to those of zone 4.
0®C.
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Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
Zone 6—Traffic Pattern Zone. The final zone contains the remainder of the airport environment where aircraft fly as
they approach and depart the airport or are engaged in flight training. In area, zone 6 is typically larger than the other
zones combined. A substantial percentage of accidents take place here, but they are scattered over the large area.
(Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.050 Height limitation.
The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces—Objects Affecting
Navigable Airspace, and are described below. All height limitations shall adhere to the FAA approved airport layout
plan.
Height Limitation 1 (Zone 1, 2, 3, 4, and 5). No building within this zone shall exceed thirty-five feet above the
ground.
Height Limitation 2 (Zone 6). No building within this zone shall exceed thirty-five feet above the ground. Any
building proposed to exceed this height must undergo further review by the airport manager and the FAA.
The administrative official may require lights or markers as a warning to aircraft on any building, structure,
communication tower, use, or tree(s) or to top the tree to reduce its height when recommended by the FAA,
WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications.
Whenever the height limitations of this section differ from those of any other section of this chapter, or that adopted
by another local ordinance or regulation, the more restrictive limitation shall apply. (Ord. 2015-028 § 2 (Exh. A)
(paid), 2015).
15.30.060 Land use overlays.
Zones described below are shown in the airport safety overlay zone (ASOZ) map with the types of land use review
listed below in order to promote general safety and welfare of properties surrounding the airport and the continued
viability of the airport.
Land Use Overlay 1 (Zone 1—Runway Protection Zone (RPZ)):
Only airport uses and activities are allowed within the Runway Protection Zone.
Land Use Overlay 2 (Zones 2, 3, 4, and 4A—Inner Safety Zone, Inner Turning Zone, and Outer Safety Zone):
Class (1) Uses. Any Class (1) use listed in YMC 15.04.030 Table 4-1—Permitted Land Uses, unless otherwise
mentioned in this section.
Class (2) Uses. Agricultural building; agricultural related business; animal husbandry; correction facilities; golf
courses; campground; gymnasiums, exercise facilities; motels and hotels; canning, preserving, and packaging fruits,
vegetables, and other foods; cement and concrete plants; concrete gypsum and plaster products; power generating
facilities; utility services; residential infill (within 4A); mixed-use residential (within 4A); cluster development
(within 4A).
Class (3) Uses. Agricultural market; junior or community college; business school; vocational school; bed and
breakfast inn; communication towers; residential infill; mixed-use residential; cluster development.
Prohibited Uses. Schools (K-12), community centers, nursing home and group homes, day care facilities, hospital,
new churches, shopping centers and other uses with similar concentrations of persons, rendering plants and slaughter
houses. Other prohibited uses shall be: horse racing tracks, speedways; the production of asphalt paving and roofing
materials; rock crushing; fuel storage facilities; storage or use of significant amounts of materials which are
explosive, flammable, toxic, corrosive or otherwise exhibit hazardous characteristics; hazardous wildlife attractants
including waste disposal operations, water management and storm water facilities with above -ground water storage,
and manmade wetlands.
Zone 4A shall exist as depicted on Figure 30-2 until such time that the airport's main runway (9/27) is extended as
described in the Airport Master Plan. Any Class (2) development which occurs within zone 4A prior to the extension
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Yakima Municipal Code Page 289/294
Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
of the runway shall be required, as a precedent condition of approval, to record a deed declaration with the Yakima
County auditor which specifically recognizes the preexistence of the airport and the right of aircraft over flight, as
well as acknowledging and accepting all responsibility for exposure to noise, vibration, fumes, dust and fuel
particulates, as may be inherent in the operation of aircraft. In addition to these conditions, all Class (2) development
within zone 4A shall be subject to a recorded deed restriction providing the city with an absolute indemnification
with regard to any adverse impacts resulting from or claimed to result from effects of aircraft over flight.
Land Use Overlay 3 (Zone 5—Sideline Safety Zone):
Uses within the sideline safety zone (Zone 5) may be permitted by the administrative official if the use is determined
to be compatible with the zoning district and Appendix F of the Airports and Compatible Land Use Guidebook of
the Washington State Department of Transportation Aviation Division.
Uses labeled as "Permitted" in Zone 5 within Appendix F of the Airports and Compatible Land Use Guidebook shall
be considered a Class (1) use and undergo any Type (1) review unless a higher level of review is required per YMC
15.04.030, Table 4-1 Permitted Land Uses. Uses labeled as "Limited" or "Limited Special Conditions" in zone 5
within Appendix F of the Airports and Compatible Land Use Guidebook shall be considered a Class (2) use and
undergo any Type (2) review unless a higher level of review is required per YMC 5.04.030, Table 4-1 Permitted
Land Uses. All uses listed as "Prohibited" in zone 5 within Appendix F of the Airports and Compatible Land Use
Guidebook shall not be allowed.
Figure 30-2: Depiction of Zone 4A
Land Use Overlay 4 (Zone 6—Traffic Pattern Zone):
Class (1) Uses. Any Class (1) use listed in YMC 15.04.030, Table 4-1 Permitted Land Uses, unless otherwise
mentioned in this section.
Class (2) Uses. Retirement home; churches, synagogues, temples; convalescent, nursing home and group homes;
day care facilities and centers; correction facilities; communication towers; chemicals (industrial, agricultural, wood,
etc.); rendering plants and slaughter houses; power generating facilities.
Class (3) Uses. Amusement park.
Prohibited Uses. Schools (K-12), hospitals and other uses with similar concentrations of persons. Replacement or
expansion of existing schools shall be allowed.
Any use not specified in the above paragraphs must undergo review and receive approval from the airport manager.
(Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.070 Application requirements.
A. Applications for uses within the airport safety overlay established by this chapter shall include the following
information:
Property boundary lines as they relate to the boundaries of the land use overlay;
DOC.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015, INDEX
�m
e
i
r
llh
Land Use Overlay 4 (Zone 6—Traffic Pattern Zone):
Class (1) Uses. Any Class (1) use listed in YMC 15.04.030, Table 4-1 Permitted Land Uses, unless otherwise
mentioned in this section.
Class (2) Uses. Retirement home; churches, synagogues, temples; convalescent, nursing home and group homes;
day care facilities and centers; correction facilities; communication towers; chemicals (industrial, agricultural, wood,
etc.); rendering plants and slaughter houses; power generating facilities.
Class (3) Uses. Amusement park.
Prohibited Uses. Schools (K-12), hospitals and other uses with similar concentrations of persons. Replacement or
expansion of existing schools shall be allowed.
Any use not specified in the above paragraphs must undergo review and receive approval from the airport manager.
(Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.070 Application requirements.
A. Applications for uses within the airport safety overlay established by this chapter shall include the following
information:
Property boundary lines as they relate to the boundaries of the land use overlay;
DOC.
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Yakima Municipal Code
Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
Page 290/294
2. Location, elevation, and height of all existing and proposed buildings, structures, utility lines, and trees
taller than thirty-five feet in height;
A description of the proposed use; and
4. A statement of compatibility from the airport manager when the use is to be located within the airport
safety overlay relative to the impact of the use on airport operations and safety.
B. In consideration of an application for a building, structure, or other use which will exceed thirty-five feet in
height, the administrative official may require the applicant to submit either of the following:
1. A certificate from a registered professional engineer or a licensed land surveyor, which clearly states that
no airspace obstruction will result from the proposed use; or
Either or both of the following:
a. The maximum elevations of proposed structures based on the established airport elevation and
USGS datum. Elevations shall be determined by a registered professional engineer or a licensed land
surveyor, accurate to plus or minus one foot, shown as mean sea level elevation or other available survey
data. The accuracy of all elevations shall be certified by the engineer or surveyor.
b. A map of topographic contours with not more than five-foot intervals, showing all land within one
hundred feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the
verification of a licensed land surveyor or registered professional engineer.
C. Decisions by the administrative official may be appealed in accordance with YMC Chapter 15.16.
D. An aviation easement and deed declaration, which recognizes the preexistence of the airport and the right of
over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area.
(Ord. 2015-028 § 2 (Exh. A) (part), 2015).
15.30.080 Nonconforming uses.
Existing uses that do not meet these standards at the time of adoption of this overlay may remain and will be
considered nonconforming uses. Expansion of these uses is permitted through Chapter 15.19 YMC. For a use that is
nonconforming due to height, the height may not be increased unless approved by the airport manager. (Ord. 2015-
028 § 2 (Exh. A) (part), 2015).
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 31 2015
DOC.
WDEX
„"
Yakima Municipal Code
Chapter 15.31 INSTITUTIONAL OVERLAY
Chapter 15.31
INSTITUTIONAL OVERLAY
Page 291/294
Sections:
15.31.010 Purpose.
15.31.015 Eligibility and applicability.
15.31.020 Permitted uses.
15.31.025 Supplemental application submittal requirements.
15.31.026 Public meeting required prior to application submittal.
15.31.030 Review process.
15.31.040 Development standards.
15.31.050 Effect of approval.
15.31.060 Subsequent actions and project applications under an approved master plan—Amendments to master
plan.
15.31.010 Purpose.
The purpose of the institutional overlay zone is to allow for large-scale institutional facilities with special locational
needs and impacts which must be designed and perform in a manner that is compatible with surrounding land uses.
Through a master plan review process (YMC 15.31.030) the public is involved in the development of performance
standards. A development agreement and site master plan assure predictability for the owner, the appropriate
jurisdiction and the citizen. The process balances the need for large-scale institutional facilities to grow while
minimizing adverse environmental impacts associated with such development on the adjacent community. (Ord.
2008-46 § 1 (part), 2008).
15.31.015 Eligibility and applicability.
A. Construction or expansion of hospital and community college institutional uses will be permitted only in
institutional overlay zones designated on the official zoning map of the appropriate jurisdiction.
B. The institutional overlay designation is not required as a precondition for interior improvements or external
on-site improvements for facilities existing as of the date of adoption of this chapter where said improvements do
not expand the existing building or land area.
C. The institutional overlay designation is not required for institutions located in commercial, industrial or other
nonresidential zones, except when located adjacent to a residential district.
D. Either the sponsoring institution or the city/ci-)uToy may initiate the establishment of an institutional overlay
zone.
E. The minimum area which may be included within an institutional overlay zone shall be five acres, measured
to the center of abutting street rights-of-way. The addition of contiguous property to an existing institutional overlay
zone shall have no minimum required area but shall require an amendment to the official zoning map. (Ord. 2008-46
§ 1 (part), 2008).
15.31.020 Permitted uses.
The institutional overlay zone is intended to allow for the establishment, expansion, and revision of institutional uses
including hospitals and higher educational facilities. Uses that are functionally integrated with, ancillary to, and/or
substantively related to the primary institutional use or that primarily and directly serve the users of an institution
may be defined as permissible institutional uses through the master development plan review process and
development agreement. (Ord. 2008-46 § 1 (part), 2008).
15.31.025 Supplemental application submittal requirements.
The institutional overlay zone shall be established only in conjunction with a master development plan, which sets
forth the parameters for development of the property including a site plan and development agreement. Applicants
0®C.
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Yakima Municipal Code
Chapter 15.31 INSTITUTIONAL OVERLAY
Page 292/294
for an institutional overlay shall, in addition to the requirements of YMC Chapter 15.23, submit a master
development plan to include the following:
A. Technical studies, including:
1. A traffic impact analysis sufficient to assess access to the site and within the site, on -street parking
impacts and limitations and necessary traffic -related improvements;
2. Drainage study;
3. Geotechnical analysis;
4. Noise analysis; and
5. Other analysis of potentially significant issues as identified by the SEPA environmental checklist.
B. Master site plan which includes the following elements:
1. Boundaries of the institution;
2. Primary uses and ancillary uses;
3. Gross floor area of development;
4. Maximum building heights;
5. Minimum building setbacks;
6. Maximum lot coverage;
7. Minimum and maximum number of off-street parking spaces;
8. Sitescreening;
9. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban
design, landscaping, street trees, solar access, and shadow impacts; and
10. Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as
identified in technical studies required by this chapter.
C. Draft master development agreement including the following elements:
1. Narrative description of project and objectives;
2. Restatement of the development standards of YMC 15.31.040(B);
3. Site plan elements;
4. Development phasing;
5. Public meeting summary (YMC 15.31.026);
6. Performance standards and conditions addressing subsections (C)(1) through (5) of this section; and
7. Criteria for determining major versus minor modifications. (Ord. 2008-46 § 1 (part), 2008).
15.31.026 Public meeting required prior to application submittal.
Prior to the formal filing of an application for an institutional overlay zone, the sponsoring institution or the
city/c� uit , whichever initiated the establishment of the institutional overlay zone, shall hold at least two public
u0c.
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EX
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Chapter 15.31 INSTITUTIONAL OVERLAY
meetings to discuss the proposal and identify concerns of the affected area residents and property owners. The
applicant shall provide written notification to property owners of record within I vfll N a c hundred feet of the subject
property at least fourteen days prior to the holding of the public meetings. The master development plan proposal
shall document and reflect the various concerns raised through this preapplication, public input process. (Ord. 2008-
46 § 1 (part), 2008).
15.31.030 Review process.
The institutional overlay zone and master development plan shall be reviewed using the review process described in
YMC 15.23.030, and as further specified herein. Upon filing of a valid rezone application and completion of the
required environmental review process, the planning department shall forward the rezone application, together with
its recommendation, to the hearing examiner to conduct a public hearing and review in conformity with YMC
15.23.030. Prior to said hearing, a recommendation will be obtained from the city planning commission. The
decision of the hearing examiner shall be in the form of a written recommendation to the legislative body pursuant to
YMC 15.23.030(E). (Ord. 2010-22 § 9, 2010: Ord. 2008-46 § 1 (part), 2008).
15.31.040 Development standards.
A. Development standards for uses within an institutional overlay zone may differ from those of the underlying
zone when approved as part of the master development plan. Standards which may supersede those of the
underlying zone include the following:
1. Maximum gross floor area of development;
2. Maximum building height;
3. Minimum building setbacks;
4. Maximum lot coverage;
5. Minimum and maximum off-street parking;
6. Landscaping;
7. Signage;
8. Exterior lighting, shadows, and glare reduction; and
9. Other standards determined by the city/i county to be necessary to ensure land use compatibility with other
uses in the surrounding area.
B. The legislative body shall consider the following in determining the standards for a particular institutional
overlay zone in a specific location:
The institution's compatibility with surrounding uses, especially related to:
a. Public safety;
b. Site access, on-site vehicular and pedestrian circulation, and on- and off-street parking;
C. Landscaping and buffering of buildings, parking, loading and storage areas;
d. Light and shadow impacts;
e. Potential environmental impacts, such as noise, vibration, smoke, dust, odors, light/glare, or other
undesirable impacts;
f. Number, size, and location of signage; and
DOC.
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Yakima Municipal Code
Chapter 15.31 INSTITUTIONAL OVERLAY
Page 294/294
g. The character of the neighboring properties compared to the adjacent institutional uses and
activities;
2. The unique characteristics of the proposed use(s);
3, The unique characteristics of the subject property;
4. The arrangement of buildings and open spaces as they relate to each other within the institutional campus;
5. Visual impacts of the institution on the surrounding area;
6. Public improvements proposed in connection with the institution's master plan; and
7. The public benefit provided by the institution. (Ord. 2008-46 § 1 (part), 2008).
15.31.050 Effect of approval.
A. The approval by the legislative body of a master development plan for an institutional overlay shall guide
future development within the institutional overlay. The approved master development plan and development
agreement shall remain binding upon the sponsoring institution and the appropriate jurisdiction. Approvals of
building permits and zoning c erdf wa tes c1q'q'i%,k'u� shall be as required for Type (1) permits provided the proposed
improvement conforms to the master development plan as approved.
B. Any city, county, state, federal, or other regulation or standard not specifically superseded by the adopted
master plan and development agreement remains in full force and effect. Any use of land for purposes other than are
specifically approved as part of the adopted master plan and development agreement shall be subject to all
requirements of the underlying land use zone as designated on the official zoning map. (Ord. 2008-46 § 1 (part),
2008).
15.31.060 Subsequent actions and project applications under an approved master plan—Amendments to
master plan.
Implementation of the master development plan shall be reviewed through the Type (1) review process.
Modifications to the adopted master development plan and/or development agreement may be requested from time
to time. Minor revisions will undergo Type (2) review. Major modifications will undergo Type (3) review. Specific
criteria for determining major versus minor modifications shall be incorporated into the final zoning regulation and
development agreement governing the institution's master plan. The following criteria are established to assist this
determination:
A. Type (1) Review Projects or Actions. For future projects or actions in compliance with an approved master
development plan and development agreement, the Type (1) review process shall be applied.
B. Type (2) Review Projects or Actions. The following projects or actions, representing projects or actions which
do not substantially differ from projects contemplated by an approved master development plan, shall be subject to
Type (2) review: an amendment to the master development plan defined in the development agreement as a minor
modification (YMC 15.31.025(C)(7)).
C. Type (3) Review Projects or Actions. The following actions, not contemplated by an approved master
development plan, shall be subject to Type (3) review: an amendment to the master development plan is defined in
the development agreement as a major modification (YMC 15.31.025(C)(7)).
D. Type (1), (2), and (3) reviews shall be conducted consistent with the provisions of YMC Chapters 15.13,
15.14, and 15.15 respectively. For any changes falling outside the scope of such review, the procedures set forth in
this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 §
1 (part), 2008).
DOC.
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015. INDCA
ORDINANCE NO. 2016 -
AN ORDINANCE relating to the regulation of land use and development in the City of
Yakima ammending Title 16 Administration of Development
Regulations of the City of Yakima Municipal Code to be consistent
with state public notice procedures.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 16 Administration of Development Regulations of the Yakima Municipal
Code which revised the City's public notice procedures to be consistent with state law; and
WHEREAS, the Planning Commission has held multiple public meetings on the proposed
amendments on February 10th March 9th, April 13th and 27th, May 11th, and August 10th and 24th
2016; and
WHEREAS, the Planning Commission held an open record public hearing on October 26
and November 16, 2016, pursuant to notice, and has received and considered all evidence and
testimony presented; and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a closed record hearing on December 6, 2016,
pursuant to notice, to consider such amendments as recommended by the Planning Commission;
and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 16.01.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.01.020 Applicability.
The provisions of this title shall apply to all applications for land use development or environmental
permits subject to review under the following titles or chapters of the Yakima Municipal Code:
A. Title 14, Subdivisions.
B. Title 15, Yakima Urban Area Zoning Ordinance.
C. Chapter 6.88, Environmental Policy (SEPA).
a........ 9 apte .1..1. x; 1� ood-t: rage -PT ve tion, (Ord-,- - 66. .....pet ,....1� ),
INDEEX
.
``,.
Section 2. Section 16.01.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.01.050 Conflict of provisions.
Subject to the provisions of state law, this title shall govern procedural aspects of all development
project permit decisions within the city of Yakima, ur Washington. In the case of conflicts between
this title or parts of this title and other rules, regulations, resolutions, ordinances, the procedures
of this title shall govern. (Ord. 98-66 § 1 (part), 1998).
Section 3. Section 16.02.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.020 Closed record appeal.
"Closed record appeal" irrlirMalis an adrni,giwstra.dtive �� t�gC L)Qwttie �record i.�o w�Ic.C_al cy_!rrL nt Ipd.y
or,
off ce ..ur��,rt trLa" h.,I q� ativp o. b..foIlwor r c u w �c r )�����z�iu� i� f��y � �,.� ����2a
�� hhtm j lIs mw ori the recora�...... fth no or Urnite 1� ew evader or, iinfolrlrnafioir�
Ill:o.s°r to be subn 0tted and aly.t��1phrw �u �ara� m. wwo CW yew na
b the49aring
e arrrrner�n..W paoueut.,� rrmr it frtvtloatron:..:the- ppel...,sial9..h
er tabilsf at tfua e µd aam�� �: t y � sp �° : r Irf..sl � V. ..eii we p o r,[eaF
sfr rrv�rro...oli-9oor cr r se➢ tiro city rjrnorl.,.rrraylk'rrvv-the r-ec-*rd tri-be.sirt4pptemested by-Iir rttedllner
evid'enis or infor meti rn: rdr t..93
Section 4. Section 16.02.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.030 Department.
"Department" means the department of community and,..eronrrrio development of the city of
Yakima. (Ord. 98-66 § 1 (part), 1998).
Section 5. Section 16.02.040 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.040 Director.
"Director" means the director of the department of community and eGo° development or
his/her designee. (Ord. 98-66 § 1 (part), 1998).
Section 6. Section 16.02.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.050 Open record hearing.
"Open record hearing" rr" eairµlis awlhelr lilrip Mytp iJcft �¢ Il a IY pip wll fri a olrrrt bodyclr offlice�° 'alu.t °���riz
y � _L I ,g yerrTtmr° ent tow con a ct st f q� Ireal�p�rp ...mm�I rat rent Ire loo l Vern �r ru 'mom record
.......
thrwour h to{ trrrrprry pnd sulbrnisslion of evidelrrce and infou nrationr a der iM r res pfp ro ,f.
te_ q q gpyeD= key r ui u o rair.,.,resokAti0n, -Ari oper Nu uor nl eomrmm�mii� r tr � I s �I prior to
._... .� a. a a b ..........n � a rr °00 ��rr record
�oga� overnlr r-nts edspi��r on �� �rr�ri�rt r Irrrruf tc Iter Ir�r rr � � . recor� �
° Iris.°� Lr ou: fz o ecru d...heanu.t�,� y„. p � mou�m alrr twtf a _, b ....know � as army r��au�uwu...'i"f�icor
w ... o " i ” !uw Dods on,u �ueoi r��ria has Il�� plruww�rpld oin d ne � l
l�oall Ipli roe �I rrc o. r Ii n I� ocolyd
arr a .rf l ..t e r irra ....,. rr ducte by h heerinq—e rn iner he h6ar-ingcrer tes
�emovider4k3fy-.re record—puns ant to. r=oced rres..;peu;r-ibed t - r tinanc rµwrescd etc rr l epee dr °ar;1.
ori-- he -type- of- prmojeof pen, ii t--apphca it rr feoord... hea ing; ni- ay-..ros.utt_.in._.a
recon rrr a n ti rn totl � �t .r or rrR il...or r flr al aleoisi rrr rr roye pt..per€reit rl l l ate n..or.rnay.... ro run
a&—part oAn- Mmen-reo ar l
pAraarrn rr a ..be. 9relr pr uor..: .wa a rr non ori a projeot rrw rt...to be kr r wrr . an "ogr enm..rea ord
2
prw. de6ion ori;i ">_ n *F fi ordhearing may, -be-hel on riappeal,- c- e. known, as an, ." p
recxrd 1 peW- heafi11 IwpF f, pees reeer .. ro exp i�s�-1 � renin ..re lr e �n-tl ;, >mje 1, rVn4t;,
...(wl- ,,, 4 998 .
Section 7. Section 16.02.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.060 Project permit application.
"Project permit" or "project permit application" or "project application" or "permit" Irnearins arrty...Il pMpli.
Use or...envircrnmental p8 rl rt or....fic ns m e���ire from a pops ml c o �µ�w° e I �' „�.pt�� qt.
gdal rtc
it C,, um ptn.i ..bUt not. l rnited to buhldjr r �Tpµipt ....Up"lMsu o ppm L�Lrtr1r mmtan�j
Ogymallmm i gnttr.....l�o[!dJ ore'g poses, stmt rrlli w...w. w.. w. a ��[ p r � ..sato G�irr re ie
P .� ....wen rurm u�artr��t��rmto�rll drab Irr ���rr� r'� it"'ntrr��irf�udt �. v,.d
a "" s re% mere, i d ' 6I icW area ordinances a�� � ai , � rezonesauthorized_ ��
r�m°irrrwl r�,adir�rreal.. t..m w,wa Film8r�utiim�mrc.urmur� .................
ultpptiiru�.,.o �.k.......�._._.�_,ctroru �or rrirreredrrmomnt of
to sul,rd loan iuut olu,rdairu then or.W.. _ ..._ ._ end, em.,
plul
iensive.mpLap ui �r w p rept„ ripµ a t w ptpr r t� � 8 t rl ... cp p Ire r p � � its ��Ry
stated hereb.,wR�„ 1 � r re r er y-lir°uri umse..,or rurrir rarer toll rmrrmt:mrrr lur�ru e,reqquired
fr��,..m.rrjer�t oortirru, (Ord: 9�0 rd..,t. (e)z �888.).
Section 8. Section 16.02.070 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.02.070 Public meeting.
"Public meeting, means n unforr amelatLiq, d"r 8tii�1 w ptrl l� �..�tr j�r�� p rt�lp .rt �s rlin o
pgtr o c � 8mirt_ miTients from the.p q fic ou°) I:L(r 8.e rr c iLiq o t�. Vr B_perr nl....8rw�op
to the �ocW fIp f f[ngi gt' mmdecision.. Awl.��l�lln roil tprtt�w � t8 jnd1y e but �s rp t (limited tio @ desur rt
review a op trl a tp°� 1 o fp X81.. review district t or c trrrp��Unit yup rw
m evi w+wt bra. airclhftect�ryll pour(... _ , M .
r mrm tiir� �r m . ¢ cr N,,,,,� .�.. t, p urll���� q nleg m does
a utl irrrr 9,00°ut rriuru����a8p �urr8tµwotouoou�..��_
1101 filCl awd npp!, record fuse °i ng r�w_prqggp r8 � l�pr mn �r� tangy M re��o��rv, � �B A p r� a
Le,p.q o u oo p parr rp t� i plt y.. win llt ded 41 fl� f„p aw l gi ati rt
fk (P ” w .�w. _rrr �ar��rr iu ffrrrrr l r re turrg uumrgµ.0 orks om ottmerparl lio d t reriirrg
ofmp�rle to olwr or,rrrerrt�r�...:tlr prdlPno.�r.,r.ltFer ogeooi rrn lrofrrs. t.prop�r rrerrvit prrr
tG-t e,4orm,1ggvreror ent"�r �:cisi r p p lio r e tir l .. oy of r8e.,. but..ps..00f I4ni ed..t,oF_ --d- r r°
re riewm m r rrcl mttectu.muW l cormt of tror rd r reetu�g;w r rfrem r ol....r+e ren �otrp t r r -Gom unr unit.y... r* umil
Fneetgrrg.z-.r rr scopwm. .urr em tirr ,.ori roft.,err imom ren �rrtop ra�pr a l�tote rpt, A 8rr rll r eetiru d rs
riot; rrrm;ml u � o.n..ol err rso r 1. p.mr or n,r .....t l u�m p r oeedings..ot-a, -putW(,;-+neefing--m,y.mt� a or r r l r ...r mMmd o
rem"t r-recoum rrrtmomr rr�ry_ tre-trrr�irrded- irttr po�rl- g �r°rmm��n�t's mmlect..poum��it...,slrpticetmon
file (trd. �t Ott l (por, „tt98).
Section 9. Section 16.03.020 B. of the City of Yakima Municipal Code is hereby amended
to read as follows:
B. All building permits including Qas6I yp!o (1) applications, boundary line adjustments, other
construction permits, or, as determined by the director, similar administrative approvals which are
categorically exempt from environmental review under SEPA, or permit/approvals for which
environmental review has been completed in connection with other permits for the same project,
are exempted from the provisions of this title. (Ord. 98-66 § 1 (part), 1998).
Section 10. Section 16.05 Appendicies of the City of Yakima Municipal Code is hereby
amended to read as follows:
Sections:
16.05.010 Notice of application.
16.05.020 Contents of notice of application.
16.05.030 Public comment on the notice of application.
16.05.040 Notice of application and SEPA integration.
16.05.050 NobGe f,pPublic hearing -9t;1 �� men
rwi .
Section 11. Section 16.05.010 C. of the City of Yakima Municipal Code is hereby
amended to read as follows:
C. If the application is subject to an open record public hearing, the date of the public hearing
shall be included in the notice of application and the notice of application shall be provided at least
fifteentwe2i days prior to the open record hearing. The provisions of YMC 16.05.030 shall also
apply. (Ord. 2010-31 § 6, 2010: Ord. 98-66 § 1 (part), 1998).
Section 12. Section 16.05.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.05.030 Public comment on the notice of application.
All public comments on the notice of application must be received in the department of community
and eG„ nernic...-development not later than five p.m. on the twentieth day after the notice of
application is issued. If the twenty -day public comment period ends on a weekend or holiday, it
shall be automatically extended to the end of the next business day. Comments may be mailed,
personally delivered or sent by facsimile. Comments should be as specific as possible. A rly 1;fublu
cornrn�.�int Ltcei d li"�.. V�� � ��� � lfmu��� w!���a�f�ir��gii�f I� o ii�,u_,��...�����i�e fi ,�q to becoirnn par f r�: wird
shad 111„lige added to the ir, ' ecord an�.j... hall Iii �������.iiUe mto reclei e any future no�io and/or decisions
(Ord. 98-66 § 1 (part), 1998).
Section 13. Section 16.05.050 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.05.050 Notice of pPublic hearing requirements.
A. The notice of application may include the notice of open record public hearing for permit
applications which require open record public hearings. The notice may be either a postcard
format or letter size paper.
B. Content of Notice of Public Hearing. The notice given of an open record public hearing
required in this chapter shall contain:
1. The name and address of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of either a vicinity location
or written description, other than a legal description;
3. The date, time, and place of the hearing;
4. A description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to the use of a map or postal address and a subdivision lot
and block designation;
5. A brief statement of the nature of the proposed use or development;
6. A statement that all interested persons may appear and provide testimony;
7. When information pertaining to the application may be examined and when and how written
comments addressing findings required for a decision by the hearing body may be admitted. (Ord.
2010-31 § 8, 2010: Ord. 98-66 § 1 (part), 1998).
C. l" septation RegL ired:...m in Lip fir it ir����� ��� a�ii�d�� �h ll be f��� ����rit at the �����
d tiu t
lu rutwtnHie f Rcant or l uis her nal�LoQa cmc rit
cet-8piu
the Vuaruu°gmll m�u &1 irIhmmNNlttrtNp�rr Nti pia c�...�ll�m
,i accw rt'gnr rl...w tttu tl laun tiltl .,.
Section 14. Section 16.07.030 C. of the City of Yakima Municipal Code is hereby
amended to read as follows:
C. If the city is unable to issue its final decision on a project permit application within the time
limits provided in this section, it shall provide written notice of this fact to the applicant. The notice
y c;aie� in t be met and an estimated
shall include a statement of reasons why the time limits r�a���ru �tt�r�ui�n„o
date for issuance of the notice of final decision. (Ord. 98-66 § 1 (part), 1998).
Section 15. Section 16.08.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.08.020 Open record appeals subject to review by hearing examiner.
hearng ,.... Inc c rud c a ����q:
slrUll loser, ra ° a rlwu ata urwrra. Niru Ilia rr�t air raw gra wam rptrtuw:.aI�walel Ilk�aw rasa irut ttwa luarl�°�° . n
................tt.tt...............�_�_.,Itl..�.......................................I..................................................................................m... �.
t ur cr°u E a ilk appJGtAqLD,11L,Ir k,..l ftreuuid tfta irLoLp q t at the Urn� of wthe whearl%l,.
1 ami �L ! 0 ncellle( ��n rescAl������a�)�� � y w�@ �u �� i ��. ww �� c �� with sl �c� ��� � �� :
�
rat mfuy nc p aiiIlh, Ihisfifl,",.
B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision,
including posting of property and published notice.
.staff r_ ?off sf'4 . _ p� �..1 1 w � u n to he , � r,... � � Lar q 12 uct l
the uina ne lean bed un the pppigp!f @gip ordnnance s...
l tf l qt tl p f l ITfl �tuf m t aslmuunaltcl mm State
la t tua
" lur ar�inr r�l,w�uine a��ha llwlhave tern working, iir g, d I� lssuue ... �.�c�s� on on ttie .�� l�ll�
w. t r (wt6 q heantic.�: amer are..atjkt(Ltlgm pfLal �gjltlm.) w�y...agLHI
. t u u mffluwq u u q: rain u�u t�.,squall „fm~*nlove.,� l len f�5 q�ttgf ���ff� fa ou m m fu _ u L
RE you y dtd auto 0 lila rn true date o MSUa irwc e of the finadecision ow...acUon on tgAl”" e n erlyin
land user" a� ��� �a��° I ..� ..y a � � .........www.�....._.W ..�� �..e..�.�wwwwww.�..... � � ��..._,
l Toru. fru w_ w wu f irlwa a a..� (titi t i. iru 2o(1 condition a haH returned to the taut of
Y.�� . i i iso ap.
"airuuu"wua� �lanpn lµ_ .�__
GD, A..i attef�°t pall .wgrefau of r. flea to ausuutlsud...tr tl ue,.awaruulu u;u , r°,u� ha,u ung ,crn�uuctal lu u
t ,a-rrvuanu"°w desri ea ...uu;u t ,..at progr :..nu -Cin ncr ..sujecA.et t ue...appe�all anti, ..Washiru�tr, n. -State
law, �,T,'be..,hear - e- inew°.,.�# o&l 10 .t a �imh uu uq .. t s ..issu ue a doolsu n -o ' t ue_..a .. gat lh
dea,�n��i�n s�ttrue-l°wr�a�M�r�q- anaunar ,u�ra�u.rot� aptoal to th ou9:y�r-�uWu�uoit: (�rd-1��6 �.Wl ar.t.�:,.
19 913)
Section 16. Section 16.10 Appendicies of the City of Yakima Municipal Code is hereby
amended to read as follows:
Sections:
16.10.010 Purpose.
5
16.10.020 Applicability.
16.10.030 Procedures.
16.10.035 Exceptions to the annual amendment process.
16.10.040 Approval criteria.
16.10.050 Submittal requirements.
16.10.060 Timing of amendments.
16.10.070 Public process and notice on proposed comprehensive plan amendment.
16.10.080 City of Yakima planning commission recommendation(s).
16.10.090 oi�,*c ity council and� public hearing.
16.10.095 Development regulation amendments.
16.10.100 Implementation and application of comprehensive plan amendment procedures for
the year 2003.
Section 17. Section 16.10.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.020 Applicability.
(1) The criteria and requirements of this chapter shall apply to all applications or proposals for
changes to the comprehensive plan text or map designations and development regulations,
unless specifically exempted. The following types of comprehensive plan amendments may be
considered through the comprehensive plan amendment process:
(a) Future land use map changes;
(b) Changes to other plan policy maps' -and,,
(c) Comprehensive plan text changes.-
(d) re� tuoc� amen �ment p,
(2) The criteria of this chapter shall apply to comprehensive plan designations and development
regulation amendments no more frequently than once a year, except that amendments may be
considered more frequently for special circumstances as may be provided for in RCW
36.70A.130, or as the same may be hereafter amended. The review of any proposed
amendments authorized by RCW 36.70A.130 to occur more frequently than once a year shall be
undertaken as provided for in YMC 16.10.035, which shall be the exclusive means of notice,
public participation, and review for such amendments, any other provision of the Yakima
Municipal Code to the contrary notwithstanding.
(3) Definitions. Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(a) "Comprehensive plan" means the most recent version of the Yakima urban area
comprehensive plan, inclusive of all adopted amendments.
(b) "Future land use map" means the GIS map maintained by the city of Yakima as its
approved current future land use map.
(c) "Interested parties" means any person or persons who have provided their names and
addresses in writing to planning staff and indicated their desire to receive mailings regarding
a specific land use application within a specified area of the city of Yakima.
6
(d) "Property owners" means the person or persons shown as the owner of a parcel or
parcels on the official records of the Yakima County assessor as of the date of mailing a land
use notice.
(e) "Text amendment" means any comprehensive plan amendment in the form of text
changes or standards modifications, whether in the form of additions, corrections, or other
modifications.
(f) "Plan policy map" means any geographic depiction or map contained in the
comprehensive plan other than the future land use map.
(g) "Planning staff' means staff members of the rity...ced��m���tn� twaamint"y
tisoneutragtot of tamnnn¢ty I)ient.
(h) "Development regulations" or "regulation" means the controls placed on development or
land use activities by Yck; i Cotm'nty- r the city of Yakima, including, but not limited to, zoning
ordinances, critical areas ordinances, shoreline master programs, official controls, planned
unit development ordinances, subdivision ordinance, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a decision
to approve a project permit application, as defined in RCW 36.706.020, even though the
decision may be expressed in a resolution or ordinance of the legislative body of Yak4 s
Gaut t~y- o the city of Yakima. (Ord. 2004-42 § 1, 2004: Ord. 2004-14 § 2, 2004: Ord. 2003-19
§ 1 (part), 2003).
Section 18. Section 16.10.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.060 Timing of amendments.
(1) The comprehensive plan shall be amended no more often than once per year and no less
often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, in
accordance with the time periods and procedures established in this chapter except in the
circumstances described in YMC 16.10.020(2).
(2) Applications for comprehensive plan amendments will be accepted in tP���1�isirtio�
n s �i nnl °°� rttvm io ftmo ti o
Con, m t u u �cf a 4 u�t office after the planning commission has
announced, at its meeting in February that the comprehensive plan amendment process is open
for application. The planning staff will accept letters of interest for amendment proposals and/or
suggestions at any time. Amendment applications received in the c�—ad�nit��or-w�1
pC t i I yP m_en office after the last business day in April will be
processed in IUr,irtg the next scheduled comprehensive plan amendment cycle, unless submitted
directly by city council pursuant to YMC 16.10.035.
(3) The following public notice will precede the planning commission February public meeting:
(a) Not later than twenty days prior to the planning commission public meeting date, a legal
notice will be placed in the local newspaper of general circulation announcing the planning
commission's February meeting;
(b) 'mV +e m� 1 r re .. 1�� �,9. i a ry will ��. w i �o Awe- enno4, n r �entaw..p� s will
rtm of-ito _the Yakima public affairs channel (YPAC) electronic bulletin board not later than
fourteen days before the planning commission public meeting date;4Anttl- the 4 t
l i nii l,ng..s nmx isslor n°, et ig;
(c) The planning staff will notify the local media regarding the planning commission's public
meeting through a prepared press release; and
(d) The planning staff will place the planning commission's public meeting notice on the city
of Yakima's website.
(4) At the planning commission's first meeting following the last business day in April, the
planning commission and planning staff will review docketed comprehensive plan amendment(s).
At such time:
(a) The planning staff shall notify the Washington State Department of
m ntConimer e of the city's intent to process the proposed docketed
amendments;
(b) The Washington State Department of t elcp;- e t
Cornirneirt�ee shall also receive notification of any specific amendment proposal at least sixty
days prior to final adoption of said amendment proposal; and
(c) The planning staff shall issue a request for consultation with state and local aviation
entities as more fully set forth in RCW 36.70.547, or as the same may be hereafter amended.
(5) The planning staff shall establish timelines for additional review and consideration by the
planning commission so that the comprehensive plan amendment review process for a given year
will be completed in that year's amendment cycle, which shall expire not later than December
31 st.
(6) The planning staff shall provide a complete and accurate copy of any adopted
comprehensive plan amendment to the Washington State Department of Cori,m nit- --1 Fade--artd
�xG,Hon i +,Fe �ne;;tCoi-nn'ierce within ten days after the final adoption of the ordinance. (Ord.
2013-021 § 3 (Exh. C), 2013: Ord. 2003-19 § 1 (part), 2003).
Section 19. Section 16.10.070 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.070 Public process and notice on proposed comprehensive plan amendment.
To provide for the opportunity of citizens, interested parties and reviewing agencies to suggest
and make comments on proposed comprehensive plan amendments, the planning staff will
provide for broad dissemination of information regarding the amendment process. Notice shall be
reasonably calculated to give interested parties, the general public, and government agencies a
meaningful opportunity to be apprised of, and participate in, the comprehensive plan amendment
process. The planning staff shall identify and follow a procedure reasonably calculated to address
public comments regarding proposed amendments.
(1) Except for instances where specific notice requirements are provided for elsewhere in this
chapter, in which event the specific notice requirements shall control, examples of types of notice
which the planning staff may utilize, as appropriate, include the following:
(a) A general mailing to interested parties;
(b) Posting on the city of Yakima's website;
(c) Posting the property with signage, for which a future land use map amendment has been
submitted and docketed;
ID
INDF IIIII@
t �
(d) Notice in the local newspaper of general circulation at least twenty days prior to any
public hearing and as may be otherwise required by RCW 36.70.390, or as the same may be
hereafter amended;
(e) Announcements on Yakima'ti, public affairs channel (YPAC) of scheduled public
hearings;
(f) Press releases to the local media;
(g) Posting of information at the code administration and planning division and city clerk's
offices, in addition to other city clerk designated locations;
(h) Notice by general mailing to property owners located within three hundred feet of external
property line boundaries designated in a particular amendment application;
(i) Notification to reviewing agencies as may be established by Washington State
Department ofpursuant to RCW
36.70A.035(1) and 36.70.547.
Section 20. Section 16.10.080 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.080 City of Yakima planning commission recommendation(s).
To provide for the opportunity of citizens, interested parties and reviewing agencies to review the
recommendation of the city planning commission to the feint nieetiog-of the city council and
Yakima..-_eunty��ra�rst;ners regarding comprehensive plan amendments, the following
procedures shall apply:
(1) The city planning commission shall provide a recommendation on each docketed
amendment proposal with findings of fact to support each recommendation based on the approval
criteria set forth in YMC 16.10.040; and
(2) The planning staff shall notify the put -iii --of the -city p�arming-��r
m r s &... a t .rec r fth ityP ary ii u, .W muni uon' s:
reconimendation aft rnal,.p ( ii ble r t a li to f p io
(a) Not later than twenty days prior to the iiotn .....city council and... "akiri,� -C iri y
public hearing date, a legal aod-display-adnohce will be placed in the local
newspaper of general circulation announcing the j&* -city council a " si�-eu-qty
con°i-nrssieoeri' public hearing;
(b) ... ......... . n annGLmUi r t...will run co...Yairi�r cul iic tfi -s h�n� i' ( P ¢ eler trona l uil�t�n
hoar -d not--4atef tfiar,-Yakjnna.Gou,nty
Grrothe data-ef the ..joint cfty noun G -and- "sktrm-t aunty
cr �� m ssmooers pudl� hearin c
(c) The planning staff will notify local media outlets regarding the je4it-city council aPA
�kirna�ky roo�ni�sroersppublic hearing through a prepared press release; and
(d- ) The planning staff will place the o44 city council G: r t--,a-kJm,v Gourity
rnernmiissienc4s"public hearing notice on the city of Yakima's website. (Ord. 2010-22 § 13,
2010: Ord. 2003-19 § 1 (part), 2003).
DOC. 9
INDEX
rN V1
Section 21. Section 16.10.090 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.090 Jot.- t�
Joint .�... ' council andP... akin a�wo t ..00 ns moo public hearing.
At a 16Rt meeting of the city council two -elected bodie,6y
will review the city planning commission recommendations regarding any docketed
comprehensive plan amendments and hold a public hearing to provide citizens, interested parties
and reviewing agencies an opportunity to comment on the recommendations.
(1) The notice of the joint public hearing of the city council
on the recommendations of the city planning commission will be promulgated by the city clerk
pursuant to the process for regular business meetings of the city council, and will include the
following:
(a) The time, location, and date of the j94*city council
public hearing;
(b) A copy of the agenda item; and
(c) A list of all comprehensive plan amendments to be considered at the hearing.
(2) An open record public hearing will be conducted by na verity
c nr s an�r itis(:' City cmurICH to hear testimony regarding each amendment under
consideration.
(3) At the conclusion of the hearing, the city council shall direct planning staff to prepare
legislation to approve, approve with conditions, or deny each amendment under consideration
and shall identify findings of fact to support each decision based on the approval criteria set forth
in YMC 16.10.040.
(4) At a subsequent city council meeting, the city council shall enact an ordinance adopting their
decision reached at the j&-4-o-ity council andpublic hearing.
Following city council action, notification of the ordinance shall be accomplished in the following
manner:
(a) The planning staff shall provide a complete and accurate copy of the adopted
comprehensive plan amendment(s) to the Washington State Department of Cow -r unity,
" °ale � dm Fca no nuc iM ev l n nfi tlt rnmerce within ten days after final adoption; and
(b) The city clerk shall have t,�~m....wlitm.tnai �)t the approved comprehensive plan amendment
ordinance published in the local newspaper of general circulation;
(c) The city clerk shall post the ordinance to the city's website as an ordinance amending
the Yakima Municipal Code.. g.a t t.;i „ tt e t B�� � ar 0..staft St-TaR poe�tine coy parehe.n ive.. inn
anin #I--this-ol pter-7
m 1� PpL�flcarit or_2rp (t)Lown r sIhall move 0...land use action �q g from the p �l �
..
a,n .mw........mmm .mm9ti h i n
pa �p,, w�than 3� dam: fd�omfi:.p.�mtat�,......pt u,���o of filt�o fflo°aoll decision tali act.R.oir� ort... fits
u uo tYyuirnr jai n tau„ §p p �n �u¢° r w� �piit � e �y��ii�;l� lig urs qop coo°dr tloi� shallw e retati�rin tp
dje aQtw of Yakirt�, mm W 1uiri Division,, (Ord. 2010-22 § 14, 2010: Ord. 2003-19 § 1 (part),
2003).
'� 10
Section 22. Section 16.10.095 of the City of Yakima Municipal Code is hereby amended
to read as follows:
16.10.095 Development regulation amendments.
Changes to the development regulations of the Yakima Municipal Code, unless otherwise
provided for, shall follow the amendment procedures of Chapter 16.10, comprehensive plan
amendment procedures, except the general mailing to property owners located within fi e30"
feet of external property line boundaries, as stated in YMC 16.10.070(1) public process
and notice on proposed comprehensive plan amendment, shall not apply. (Ord. 2004-14 § 3,
2004).
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Adoration of Planning Commission Findings. The findings within the
November 16, 2016, Yakima Planning Commission's Recommendation, regarding these
proposed text amendments are hereby adopted by the Yakima City Council as its findings in
support thereof pursuant to YMC § 15.23.020, and are incorporated herein by this reference as if
fully set forth herein.
Section 2. Validity. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance.
Section 3. Ratification. Any act consistent with the authority, and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 4. Authorization to File. The City Clerk is hereby authorized and directed to
file a certified copy of this ordinance with the Yakima County Auditor,
Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL signed and approved this day of
December 2016.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Kathy Coffey, Mayor
11
INDEX
✓'
CITY OF YA IMA — 2016 TEXT AMENDMENTS
TXT#001-16
EXHIBIT LIST
CHAPTER :D
Public Notices
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D-1 Notice of Application & Public Hearing 09/30/2016
D -la: Parties and Agencies Notified
D -lb: Press Release and Distribution E- mail
D -lc: Legal Notice
D -1d: Affidavit of Mailing
D-2 YPC Agenda and Packet Distribution List 10/19/2016
..... .. ... ... ._._.............. W_ .-.._..... .... ......
D-3 YPC Agenda 10/26/2016
... _.._..................... ..................
.......................
..... _'
a a DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
Joan Davenport, AICP, Director
� Y � dF YAK °° A129 North Second Street, 2nd Floor, Yakima, WA 98901
anning ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday October 26, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Joseph Calhoun (Senior Planner); Trevor Martin (Associate Planner);
Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and
Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. 2016 Text Amendments Public Hearing
VI. Discussion on Outdoor Product Displays
VII. Discussion on Draft Sign Code Amendments
VIII. Comprehensive Plan 2040 Update: Housing, Natural Environment, and Utilities Draft Elements
IX. Other Business
X. Adjourn
Next Meeting: November 9, 2016
YPC Packet Distribution List
2016 Text Amendments Public Hearing
(TXT#001-16)
Al Rose Patricia Byers Bill Cook
S0vrLQLQ_k.,W_@fha rte T'. n e t:
fx4()net @bi2ii.�t 9DZ @ Lrn,� n. c o rn
----
aar74 grnail,com
Scott Clark Gavin Keefe Peter Marinace
s�Iark@ 7 rcLa.kcprn fe maiLcom PMaririace@bannerbank.com
Tom Trepanier
mgle COry,
....................................... ..... ......... . .. . ....................................... . ..... .........
DOC -
I N D EEX
Date Sent: 10/19/2016
AFFIDAVIT OF DELIVERY
STATE OF WASHINGTON
CITY OF YAKIMA
RE: TXT#001-16
City Planning - 2016 Text Amendments
Citywide n/a
I, Lisa Maxey, as an employee of the Yakima City Planning Division, have
dispatched by email a Notice of Application and Public Hearing. A true and
correct copy of which is enclosed herewith; that said notice was addressed to
interested parties, and that said notices were sent by me on the 30th day of
September, 2016.
That I sent said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Lisa
Lisa Maxey V
Department Assistant II
Doc.
oNoex
x.
i'
YAKIMAr ERAL,D
A dally part of your life ������ ; 40".Yakima-herald.com
This is the proof of your ad scheduled to run on the dates indicated below.
Please proof read notice carefully to check spelling and run dates,
if you need to make changes
Date:
09/28/16
Account #:
110358
Company Name:
CITY OF YAKIMA PLANNING
Contact:
ROSALINDA IBARRA,AP
Address:
129 N 2ND STREET
Stop:
YAKIMA, WA 98901-2720
Telephone:
(509) 575-6164
Fax:
84.0
Account Rep:
Simon Sizer
Phone #
(509) 577-7740
Email:
ssizer@yakimaherald.com
Ad ID:
681148
Start:
09/30/16
Stop:
09/30/16
Total Cost:
$153.30
Lines:
84.0
# of Inserts:
1
Ad Class:
6021
Yakima Herald -Republic 09/30/16
DOC.
INDEX
CITY OF YAKIMA
NOTICE OF APPLICATION AND PUBLIC HEARING
DATE: September 30, 2016: TO: Interested Parties: FROM: Joan
Davenport, AICP, Community Development Director: SUBJECT:
Notice of Application and Public Hearing: NOTICE OF APPLI-
CATION: Project Location: Citywide: Project Applicant: City of
Yakima, Planning Division: File Numbers: TXT#001-16: Date of
Application: September 26,2016: PROJECT DESCRIPTION:
The City of Yakima Planning Department is proposing amend-
ments to the City of Yakima's Municipal Code Titles 14, 15, and 16
revising notice procedures for land use application processes, and
codifying existing right-of-way vacation procedures. (See City of
Yakima Text Amendment Application for further description online
at: (https://www.yakimawa.gov/services/planning/proposed-text-
amendments/): REQUEST FOR WRITTEN COMMENTS: The
public is encouraged to review and comment on the proposed
application. Written comments may be submitted prior to the
public hearing scheduled for October 26, 2016, or at the public
hearing. Please send written comments to: Joan Davenport,
AICP, Community Development Director; City of Yakima, Depart-
ment of Community Development; 129 North 2nd Street, Yakima,
Washington 98901, or by email to ask.planning@yakimawa.gov:
NOTICE OF DECISION: Decisions and future notices will be sent
to anyone who submits comments on this application or request
additional notice. The file containing the complete application is
available for public review at the City of Yakima Planning Division,
2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If
you have any question on this proposal, please call Jeff Peters,
Supervising Planner at (509) 575-6163 or e-mail at jeff.peters@
yakimawa.gov: NOTICE OF PUBLIC HEARING: This application
will require two public hearings; one before the City of Yakima
Planning Commission to be followedby a public hearing before the
Yakima City Council. The public bearing before the City of Yakima
Planning Commission has been scheduled for Wednesday Octo-
ber 26, 2016, beginning at 3:00 p.m., in the Council Chambers,
City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to
express their views on this matter is invited to attend the public
hearing or to submit their written comments to: City of Yakima,
Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate
public notice will be provided for the public hearing before
the Yakima City Council.
(681148) September 30, 2016
DOC.
INDEX
Courtesy of Yakima Herald -Republic
Piennrnp Comlmission to be followed by e public herring before the
Yakima City Counoll. The pubiio hearing before the City of Yakima
Planning Commission has been scheduled for Wednesday Octo-
ber 26, Q16, beginning at :00 p.m,, in the Council Chambers,
City Halt, 120 N 2nd Street, Yakima, WA. Any person desidn� to
express their views on this matter is invited to attend the puablio
hearing or to submit their written comments to: City of Yakima,
Planning Division, 129 N 2nd St,, Yekime„ WA 96901 � A separate
public notice will be provided for the public hearing before
the Yakima City Council.
(681148) September 30, 2016
INDEX
m�
D-1
Maxe , Lisa
From:
Maxey, Lisa
Sent:
Friday, September 30, 2016 11:04 AM
To:
'Al Rose'; 'Alfred A. Rose (silvrfx40@bmi.net)'; 'Gavin Keefe'; Gutierrez, Avina; Ibarra,
Rosalinda; Kunkler, Mark; 'Patricia Byers'; 'Peter Marinace'; Peters, Jeff; 'Scott Clark'; 'Tom
Trepanier'; Watkins, Sara; 'William Cook (cook.w@charter.net)'; Belles, Carolyn; Brown,
David; Caruso, Joe; Cutter, Jeff, Davenport, Joan; Dean, James; DeBusschere, Suzanne;
Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Layman, Randy; Matthews, Archie; Maxey,
Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich,
Mark; Zammarchi, Loretta; Brown, Michael; Crockett, Ken; Daily Sun News - John Fannin;
Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV
News; KDNA Radio; KEPR TV News; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance
Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN
News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu
Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald
Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic
Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch;
YPAC - Randy Beehler
Cc:
Peters, Jeff
Subject:
Notice of Application & Public Hearing - City Planning 2016 Text Amendments - TXT#
001-16
Attachments:
NOTICE OF APPLICATION & PUBLIC HEARING - City Planning - 2016 Text Amend .... pdf
Attached is a Notice of Application and Public Hearing regarding the above -entitled project. If you have any questions
about this proposal please contact assigned planner Jeff Peters at (509) 575-6163 or by email at
ief.peters aki �rawa. o�y. Thank you!
I.Asa Maxey
Department assistant 11 City of Yakima Planning Division
(509) 576-6669 Us ,WM akfi awa1TM��
129 N 2nd Street Yakima, WA 98901
DOC.
INDEX
In -House Distribution E-mail List
Name
Division
Address
Carolyn Belles
Code Administration
Carolyn.Belh, Dov
�,s_(,ajyLabjmaWA&
................
Glenn Denman
................. . ..... . . ..............
Code Administration
... . .....
ilenn.l enn an(jd yakimawa,gov
Joe Caruso
Code Administration
J(,)e.Cmti-t�isor(bvakimawa.)ov
.
. . . ........... . . . . . .................. . ... . . . . ..... .
Suzanne DeBusschere
. ... . ....................... .. ......................... .
Code Administration
---- — -
SLi7aiine.Debtissclicie(,i,y�ikiintiwa,,gov
Dan Riddle
Engineering
Dan,RLiddleCehyakimawa,gov
............................................. .........................................
Mike Shane
. . ........................................................ ....... . .................... . . . . . . . . . ............
Engineering
... ................................................................................................................. .
Mike. ShaneavakipjqnLa.gov
Mark Soptich
Fire Dept
Mwgk.Soptich 'yakjmawa.Vy
Jeff Cutter
Legal Dept
. . . .. . . . .. . ................. . . . . . . . . .......................... . ......
Jff'.Ct:ittet-((t),vakiiiiawa.ggv
Mark Kunkler
Legal Dept
Mark,.Kunkler(ii),vakitnawa,Ej�ov
. . . ............. . ....................
Archie Matthews
ONDS
. ........ .... . .......................
Ai-chie.Mattliews(ii) vakiiiiawa,p-oNi
Joan Davenport
Planning
Joan, I)avers Rmi n�aak, i�mawq,�ov
Dominic.Rizzi navakima\va.f_,ov
Chief Rizzi
Police Department
Scott Schafer
Public Works Dept
Scott.Schafer )yaIjimawagov
Loretta Zammarchi
Refuse Division
Lot-e,t'ta.Zammarchi(ii),vakiiiiawa.gL)v
. ................................. . ...................... .. . ...
Randy Layman
. . . . .
Refuse Division
.................... .................. . ........................ ..............
lamed ,1 mnana alimawar
Kevin Futrell
Transit Division
Kevin.Funtrell e
,gyakitnawa.gq
. . ......................... .
James Dean
. . . .........
. ............... ...
Utilities
......................................................... .......... . ........
James.Dean@,yakimawa.gov
Dana Kallevig
Wastewater
Dana,,Kal'ieviL,(&vakitn<,twa.Lov
Randy Meloy
Wastewater
RagdyMelo y(&yakimawa.goy
For the Record/File
. . .......................... . .
.....
. . ................................ . . . . . ........... . . . . ............ ...
Binder Copy
.. .......................... . . . . . . . . . . . . . . . . . . . . I
. . . . . . . . . . ............................................... . .................................................. . .
Revised 05/2016
. . . . . ............................................... . . . . . . . . . . .... . . .......... . . ..... . . ...............
Type of Notice: o"l, -�011ad' ot Ct(fli C." (looli,
File Number(s): T T (-Z"
I
Date of Mailing: )"o
................... . ......
ED, 0 C.
INDEX
OIUL� '.
,1411 , ,%L DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
Alii Joan Davenport, AICP, Director
P CITY n i n g 129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
CITY OF YAKIMA
NOTICE OF APPLICATION AND PUBLIC HEARING
DATE: September 30, 2016
TO: Interested Parties
FROM: Joan Davenport, AICP, Community Development Director
SUBJECT: Notice of Application and Public Hearing
NOTICE OF APPLICATION
Project Location: Citywide.
Project Applicant: City of Yakima, Planning Division
File Numbers: TXT #001-16
Date of Application: September 26, 2016
Date of Determination of Completeness: September 26, 2016
PROJECT DESCRIPTION
The City of Yakima Planning Department is proposing amendments to the City of Yakima's
Municipal Code Titles 14, 15, and 16, revising notice procedures for land use application
processes and codifying existing right-of-way vacation procedures. (See City of Yakima Text
Amendment Application for further description online at:
(h-//wwyv y kir a a. p /services/ I ror nin f o eq- e � a 1i mems/)
REQUEST FOR WRITTEN COMMENTS
The public is encouraged to review and comment on the proposed application. Written
comments may be submitted prior to the public hearing scheduled for October 26, 2016, or at
the public hearing. Please send written comments to: Joan Davenport, AICP, Community
Development Director; City of Yakima, Department of Community Development; 129 North 2nd
Street, Yakima, Washington 98901, or by email to a , a annj akimTawa.go .
NOTICE OF DECISION
Decisions and future notices will be sent to anyone who submits comments on this application
or request additional notice. The file containing the complete application is available for public
review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street,
Yakima, Washington. If you have any question on this proposal, please call Jeff Peters,
Supervising Planner at (509) 575-6163 or e-mail at .pet r irr-L a.g .
NOTICE OF PUBLIC HEARING
This application will require two public hearings; one before the City of Yakima Planning
Commission to be followed by a public hearing before the Yakima City Council. The public
hearing before the City of Yakima Planning Commission has been scheduled for Wednesday
October, 26, 2016, beginning at 3:00 p.m. in the Council Chambers, City Hall, 129 N. 2nd
Street, Yakima, WA. Any person desiring to express their views on this matter is invited to
attend the public hearing or to submit their written comments to: City of Yakima, Planning
Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for
the public hearing before the Yakima City Council.
Yakima
DOC.
INDEX
2015
-
1944
Y.
CITY OF YAKIMA — 2016 TEXT AMENDMENTS
TXT#001-16
EXHIBIT LIST
CHAPTER E
Supplemental Information
E-1
E-2
E-3
��....._.._..._..._.
E-4
_. E-5
E-6
E-7
HEMNISIMMEM
Notice of Continued Public Hearing Legal Ad
Fee Study for 2017 Budget Estimates
(Presented to CityCouncil at 11/03/2016 Council Study Session)
Fee Schedule Public Hearing Notice & Distribution List
..............._..........._...._....__ Fee Study Summary....._.............m. _._._....��
ITmmm ..... 2017 Proposed Fee Schedule
YPCmAgenda mm— Continued Hearing
Notice ITof Rescheduled Public Hearing IT& Distribution List
10/28/2016
11/03/2016
_..........................
11/07/2016
..�_.��11/09/2016
11/09/2016
11/09/2016
11/10/2016
E-8
Notice of Rescheduled Public Hearing Legal Ad
11/11/2016
E-9
YPC Agenda — Rescheduled Hearing
11/16/2016
_ .............. --- .....................
............................ .....
.................................... ............ ___._._... _................................ ........ .................................................... ...................................... ............ .................... ............................ ....................... . �............. .... .
................. _._..............................
...................................... ............................................ -.................................. ..— .............................. . �
.....
—._........................
.
as DEPARTMENT OF COMMUNITY DEVELOPMENT
o, ' !NaJa'uaicing Divisison
alkw Joan Davenport, AICP, Director
�' �)F YA I � A 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
SPECIAL MEETING/PUBLIC HEARING
City Hall Council Chambers
Wednesday November 16, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
City Planning,Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Joseph Calhoun (Senior Planner); Eric Crowell (Assistant Planner);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of October 12th, 2016 and October 26th, 2016
VI. Public Hearing - Preliminary Long Plat of "Englewood Place"
Applicant: Columbia Ridge Homes LLC
File Numbers: PLP#005-16 & SEPA#017-16
Site Address: 7408 Engelwood Ave
Request: Proposed long plat that will subdivide approximately 8.98 acres into 35
single-family residential lots in the R-1 zoning district.
VII. Continued Public Hearing - 2016 Text Amendments (TXT#001-16)
• Fee Schedule Changes
• Other Items as Previously Discussed
VIII. Discussion on Draft Sign Code Amendments
IX. Other Business
• Discussion of meeting dates through the rest of the year
• Any other business
X. Adjourn
Next Meeting: November 23, 2016
Yakima
IIII u
INDEX 1 t994
sa��a
E'PUP)LIC
A daily part of your lifey Yakima-herald.com
-Ad Proof -
This is the proof of your ad scheduled to run on the
dates indicated below.
Please confirm placement prior to deadline,
by contacting your
account rep at (509) 577-7740.
Date:
11?10/16
Run Dates:
Yakima Herald -Republic 11/11/16
Account #:
110358
YakimaHerald.com 11/11/16
Company Name:
CITY OF YAKIMA PLANNING
Contact:
ROSALINDA IBARRA,AP
Address:
129 N 2ND STREET
YAKIMA, WA 98901-2720
CITY OF YAKIMA
NOTICE OF RESCHEDULED
Telephone:
(509) 575-6164
YAKIMA PLANNING
COMMISSION PUBLIC
HEARINGS
DATE. November 11, 2016:
Ad ID:
692225
TO- Interested Parties PROW
Joan Davenport', AlCP1 COM -
Start:
Stop:
11/11/16
11/11/16
munity Development Direotor
Planning Manan. er" SUS"^
Rescheduled
MICT: Notice of
Public Hearings: gf Q -F
Total Cost:
$65.70
"
# of Inserts:
2
Lines:
37.0
The pub -
tic hearings before the City of
Ad Class:
6021
Yakima p annin Commission
Ad Class Name:
Public Legal Notices
for Columbia Ridge Homes
Account Rep:
Simon Sizer
LLC — "Englow Ipd Place"
Phone #
(509) 577-7740
(PLP005-116and the City of
Yaklma 2016 ioxt amendments
Email:
ssizer�yakimahcrald.com
(T T#001.16) scheduled for
November 9, 2016 have been
rescheduled to November 16,
2016 at 3:00 p"rh, in the City
Hall Council Chambers due to a
lack of a quorurn, The public Is
welcome to attend and provide
comment at the meeting on
November "16th, if you have any
uestions please contact Jeff
eters, upervising Manner at
(5y'0y9) 575-61'63 or email: to, 90 1.
(692225) November 11, 2016
Ad Proof
CITY OF YAKIMA
NOTICE OF RESCHEDULED
YAKIMA PLANNING
COMMISSION PUBLIC
HEARINGS
DATE: November 11, 2016:
TO: Interested Parties FROM:
Joan Davenport, AICP, Com-
munity Development Director
& Planning Managec. SUB-
JECT: Notice O rteschedul'ed
Public Hearinas: NOTICE OF
1"11 N;1; .M1. # llhlf S
T114P pub,_
theheaningsbetoretheCiry9f
Yakima Planning Corrtmissfen
Ior Columbia Ridgy Homes
L!L.0 —"Englewood Place"
IPI P#
05.-Nand'theCityof
Yakrma 201ext Amendments
(TXT#001-16) scheduled for
November 9, 2016 have been
rescheduled to November 16,
2016 at 3:00 p.m. in the City
Hall Council Chambers due to a
lack of a quorum. The public is
welcome to attend and provide
comment at the meeting on
November 16th. If you have any
questions please contact Jeff
Peters, Supervising Planner at
(509) 575-6163 or email to: jeft
p,WW5, AkimgM; y.
(692225) November 11, 2016
Notice of Rescheduled Public Hearing for the 2016 Text Amendments Continued
Public Hearing
Parties Notified:
Home Builders Association
Carly Faul — Executive Officer: cfau1@cwhba.org
Joe Walsh —Gov't Affairs Director: 'wa Ish@cwhba.prg
Yakima Association of Realtors
Larrita Perrault — President: larrita�(@cbar.com
Lisa Angell — President Elect:AqggItZ3j�Il &oryl
Crystal Castle - Association Executive: crystal@yarmis.com
General Email: info@yarrnls.coM
Associated General Contractors of Washington
David Kearby —Yakirna District Manager: dkeairbrgcu,co m!
Land Surveyor's Association of Washington
General Email: i fo
9 @jsaw.org
Other Contacts
Upton Land Surveying:jorTj@ ipj jfyeyLn
L Lqjjsg _
Hordan Planning Services: hps410 gwestoffice.net
PLSA Engineering & Land Surveying: jqLtQQ5pLqa f, a
HLA Engineering & Land Surveying: aalape(efu h!g�ivil.com
Durant Development Services: durantdevelope ,nt@cfiairter,riet
DOC.
IN
_14
Maxey, Lisa
From: Maxey, Lisa
Sent: Thursday, November 10, 2016 10:04 AM
To: 'cfaul@cwhba.org'; jwalsh@cwhba.org'; 'la rrita@cbar.com'; 'angel 173@1ive.com';
'crystal@yarmis.com'; 'info@yarmis.com'; 'dkearby@agcwa.com'; 'info@Isaw.org';
'tom @uptonsurveying.com'; 'hps410@gwestoffice.net'; 'info@plsaofyakima.com';
'aalapeteri@hlacivil.com'; 'durantdevelopment@charter.net'
Cc: Peters, Jeff
Subject: RE: Planning Commission Public Hearing for City of Yakima Land Use Application Fees
Attachments: 11-16-16 YPC Agenda.pdf
Good morning, all -
The public hearing regarding the fee schedule changes and other text amendments has been
rescheduled to Wednesday November 16th at 3:00 p.m. in the City Hall Council Chambers, due to a
lack of a quorum at yesterday's Planning Commission meeting. You are welcome to attend this
meeting and provide comment if you so choose. If you would like to provide comment but cag:lnot
attend the meeting, please send comments to pl-tl°��ri��yaklria_wt.q
,y prior to the public
hearing so that the comments may be distributed to the commissioners for their consideration. I
have attached the agenda for the November 16th meeting. Thank you!
L,isa. Maxey
[)cpartment Assistant It I City of'Ya kiiin Pllatn �ir7gro Division
(509) 576-6669 I Ls � a.;y 49 j nn,�w� �.ggy
1.29 N 2-1 Street Yakima, WA 93901.
From: Maxey, Lisa
Sent: Monday, November 07, 2016 12:01 PM
To: 'cfaul@cwhba.org'; 'jwalsh@cwhba.org'; 'larrita@cbar.com'; 'angell73@live.com'; 'crystal@yarmis.com';
'info@yarmis.com'; 'dkearby@agcwa.com'; 'info@lsaw.org'; 'tom@uptonsurveying.com'; 'hps410@gwestoffice.net';
'info@plsaofyakima.com'; 'aalapeteri@hlacivil.com'; 'durantdevelopment@charter.net'
Cc: Peters, Jeff
Subject: Planning Commission Public Hearing for City of Yakima Land Use Application Fees
To whom it may concern,
The Yakima City Council has recently directed the Yakima Planning Commission to review changes
to the city's land use application fees in 2017 in an effort to recapture 50% of the cost for the
Planning Division to process these applications. The Planning Commission will be reviewing and
holding an open record public hearing for these proposed fee amendments along with other text
amendments at their meeting on Wednesday November 9th at 3:00 p.m. in the City Hall Council
Chambers. The Commission will provide a recommendation on these proposed amendments to the
City Council. The City of Yakima Planning Division invites you to attend this hearing and provide
your comments, or you may email your comments tos Sl,ammnnin,g�i,;E ,_ glsq 1 2y prior to the
meeting and they will be provided to the Commission at the hearing for their consideration. Anyone
who signs in on the sign -in sheet at the Planning Commission public hearing on Wednesday or
submits comments regarding this matter will receive notice of the City Council public hearing,
which will be provided by the City Clerk and scheduled for a later date.
I have attached the agenda for the Planning Commission meeting along with 3 documents regarding
the proposed fee increases. These materials include a fee study summary, a fee study table for 2017
DOC.
!INDEX
budget estimates which was presented to the City Council, and a 2017 fee schedule demonstrating
how these fees would look in the municipal code if adopted.
Please feel free to disseminate this email as you see fit.
Thank you and have a wonderful day.
Lisa Maxey
y
II)epart ment Assistant 11 0 Cuty of `9Cakll - na Planning g D Msio n.
(509) 576-6669 M risa.max ray �a a�aarrv� q
129 N 2nd Street Yaldma, WA 98901
DOC.
INDEX
b ��
"ANWORRIAWW DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, �uu u'uVuuuuuuuuuuuuuuuu �
port, AICP, Director
CITY OF YAKIMA Aing 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
CITY OF YAKIMA
NOTICE OF RESCHEDULED YAKIMA PLANNING COMMISSION PUBLIC
HEARINGS
DATE: November 10, 2016
TO: Interested Parties
FROM: Joan Davenport, AICP, Community Development Director & Planning Manager:
SUBJECT: Notice of Rescheduled Public Hearings
The public hearings before the City of Yakima Planning Commission for Columbia Ridge
Homes LLC — "Englewood Place" (PLP#005-16) and the City of Yakima 2016 Text
Amendments (TXT#001-16) scheduled for November 9, 2016 have been rescheduled to
November 16, 2016 at 3:00 p.m. in the City Hall Council Chambers due to a lack of a quorum.
The public is welcome to attend and provide comment at the meeting on November 16"'. If you
have any questions please contact Jeff Peters, Supervising Planner at (509) 575-6163 or email to:
Yakima
D®C■ uk ens
INDEX 201,;
1994
DEPARTMENT OF COMMUNITY DEVELOPMENT
IVW Joan Davenport, AICP, Director
` " , AKk A4A129 North Second Street, 2nd Floor, Yakima, WA 98901
gw`- ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday November 9, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Joseph Calhoun (Senior Planner); Eric Crowell (Assistant Planner);
Rosalinda Ibarra (Administrative Assistant); and
Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of October 12th, 2016 and October 26th, 2016
VI. Public Hearing - Preliminary Long Plat of "Englewood Place"
Applicant: Columbia Ridge Homes LLC
File Numbers: PLP#005-16 & SEPA#017-16
Site Address: 7408 Engelwood Ave
Request: Proposed long plat that will subdivide approximately 8.98 acres into 35
single-family residential lots in the R-1 zoning district.
VII. Continued Public Hearing - 2016 Text Amendments (TXT#001-16)
VIII. Discussion on Draft Sign Code Amendments
IX. Comprehensive Plan 2040 Update: Review of the Draft Parks & Recreation Element
X. Other Business
XI. Adjourn
Next Meeting: November 23, 2016 Yakima
OEM
Yr�u
I 1 �1�I SII I 094
Proposed Land Use Application Fee Schedule
Land Use Permit Type
Zoning Ordinance (YMC Title 15)
Administrative Adjustment
Class 1 Review
Class 2 Review
Class 3 Review
Critical Area Review
Interpretation with Hearing
Interpretation without Hearing
Modification of Approved Use
Non -Conforming Use/Structure
Overlay District
Planned Development
Rezone
Shoreline Development Permit / Conditional Use or
Variance
Shoreline Exemption
Variance
Wireless Communication Facilities
Zoning Verification Letter
Existing Fee Proposed Fee
$340.00
$435.00
$0.00
$125.00
$365.00
$430.00
$700.00
$1,635.00
$200.00
$325.00
$435.00
$2,545.00
$120.00
$315.00
$100.00
$65.00
$280.00
$1,635.00
$340.00
$2,050.00
$560.00
$2,590.00
$560.00
$1,610.00
$355.00 $1,225.00
$0.00 $35.00
$700.00 $1,635.00
See Table 29-2 in YMC 15.29.050(D)
$0.00 $65.00
"Fees for zoning applications are consolidated using the highest fee only.
Subdivision Ordinance (YMC Title 14)
Amended Binding Site Plan
$270.00
$920.00
Final Binding Site Plan
$270.00
$155.00
Final Long Plat
$270.00
$155.00
Final Short Plat
$90.00
$45.00
Long Plat Alteration/Vacation or Easement Release
$380.00
$1,720.00
Preliminary Binding Site Plan
$420.00
$1,635.00
Preliminary Long Plat
$380.00
$1,720.00
Preliminary Short Plat
$340.00
$435.00
Right of Way Vacation
$420.00
$1,385.00
Short Plat Alteration or Easement Release
$245.00
$435.00
Short Plat Exemption
$145.00
$35.00
State Environmental Policy Act (YMC 6.88)
SEPA Review
$265.00
$245.00
Other Applications
Appeal to City Council
$340.00
$340.00
Appeal to Hearing Examiner
$580.00
$2,295.00
Comprehensive Plan Amendment - Map & Text
$500.00
$1,250.00
Development Agreement
$0.00
$205.00
Extension of Zoning and Subdivision Approvals
$0.00
$35.00
Follow -Up Pre -App Meeting
$0.00
$90.00
Parade and Special Event Permit
See YMC 9.70
Text Amendment
$0.00
$1,250.00
Traffic Concurrency
$250.00
$250.00
00C.
INDEX
CITY OF YAKIMA PLANNING DIVISION'S
FINDINGS OF FACT, CONCLUSIONS & RECOMMENDATION
TO THE CITY OF YAKIMA PLANNING COMMISSION
for
YMC TITLE 15 LAND USE DEVELOPMENT FEES TEXT AMENDMENT
Summary of Recommendation:
Staff recommends the City of Yakima Planning Commission review the proposed fees and text
amendments to Title 15, hold the required public hearing, amend the proposed text
amendments as necessary, and issue its recommendation to the Yakima City Council.
History:
The City of Yakima has maintained a policy since 1998 that Land Use Application fees should
aim to recapture 50% of the actual processing costs. Additionally, previous City Councils also
felt that the cost of public participation to process the land use applications should be shared
between the applicant and the City.
In 2011, after finding that land use fees covered less than 25% of the actual processing costs,
the City adopted various measures to reduce mailing, printing and administrative costs which
included a new postcard public notice and revisions to the zoning ordinance for streamlining as
more fully described below.
Planning Division Changes to Control Costs:
1. The total number of employees was reduced by 5 full time positions resulting in a staff of 7;
2. The reviewing body for two of the City's major land use applications (Rezones and
Subdivisions/Long Plats) was changed from the City of Yakima Hearing Examiner to the
Yakima Planning Commission. This change resulted in a reduction of the total cost to
process these applications by approximately 34% which is an estimated $1,000.00 or
greater per application;
3. The mailing radius for land use applications was reduced from 500 to 300 feet resulting in a
decrease in the average mailing costs for land use applications by approximately 152%
which is an estimated $620.00 per application; and
4. The level of land use review for 47 land uses categories and zoning districts was changed
from a Type (3) Public Hearing to a Type (2) Administrative Review (requiring public notice),
and 17 land use categories and zoning districts from a Type (2) Review to Type (1)
Administrative Review (with no public notice requirement or fee). The resultant change was
Yakima
1111t,
INDEX2015
l 1994
that the overall cost to the applicant to process applications falling under the 47 land use
categories decreased from $700.00 to $365.00, and the percent of recapture for the division
increased from 21.4% to 42.4%. The costs to the applicant to process applications falling
under the other 17 land use categories decreased from $365.00 to zero as no fee is
presently charged for Type (1) Reviews.
Analysis:
In mid -2016 the City Manager and City Council requested that all departments evaluate their
budgets for potential costs savings and/or revenue sources. As the City of Yakima Planning
Department is not an enterprise fund, by state law the only action it could take was to identify
any unutilized grant opportunities, and evaluate its land use application fee impact on the
general fund.
As a result, city staff conducted a fee study that compared application fees to actual processing
costs for Land Use permits (subdivision, zoning, environmental review, shorelines and other
related items). The findings of which are as follows:
1. In comparison to other cities, the city of Yakima's major land use application fees
were found to be on average 229% below other cities of like size in the state.
2. Overall, the City of Yakima's application fees were found to recover about 36% of the
costs for the division to process the applications.
3. Applications that require a public hearing conducted by the Hearing Examiner only
recovered an average of 16.8% of the costs to process.
4. The average cost for the Hearing Examiner to conduct a public hearing and write the
decision for a land use application was found to be approximately $1,595.00;
5. Many of the land use applications that do not require a public hearing by the Hearing
Examiner are closer to actual costs to process, recovering an average of 56.5% of
the processing costs.
6. There were approximately 11 land use applications which did not have a land use
fee associated with them (Type (1) Reviews/site plan reviews, Zoning Verification
Letters, additional Development Service Team Meeting Requests, resubmittal fees,
and time extension for land use permits); and
7. Adding fees for the above applications would have the benefit of:
a. Recapturing a small amount of the total cost to the City to process the land
use applications and processes which presently do not have a fee;
b. Reduce the number of applications that are incomplete, or ones that are
submitted only to determine the conditions of approval for a particular site;
and
c. Provide more time for staff to focus on more extensive planning issues.
Process:
1. On September 27, 2016, during a Yakima City Council retreat, the Planning Division
introduced its fee schedule study, which identified options to recover 50, 80, and
100% of the costs to process land use applications in a two-step process. The first
step was to increased fees in 2017 to reach a 50% recapture rate, thus recovering
the costs of the Hearing Examiner and public notice process. Then in 2018, the
Council could re-evaluate its policy of a 50% recapture rate, and possibly increase
the rate of recapture to between 75 and 80%.
2. During its October 24, 2016, study secession, the City Council took no action but
requested that the Planning Division compare the city's fees to that of Union Gap
and report back to the City Council at its November 3, 2016 budget hearing.
DOC.
IND
3. On November 3, 2016, the Yakima City Council reviewed the report and held open
discussion on the item. The council, citing fiscal responsibility and the need to
provide balance to the City's land use application fees, voted 5 to 2 to establish a
50% recapture rate and forwarded the fee schedule to the City of Yakima Planning
Commission for review, public hearing, and recommendation to the City Council.
4. The City of Yakima Planning Commission is authorized to hear these amendments
to YMC Title 15 Urban Area Zoning Ordnance as provided for under YMC §
1.42.030, as land use development fees are codified within YMC Ch. 15.26 of the
City's zoning ordinance.
Conclusions:
1. The City Council has provided direction that the city Planning Division increase its
fees to provide for a 50% recapture rate for the City's land use applications;
2. No adverse impacts have been identified by the approval of the fee amendments;
3. The proposed fee amendments are exempt from Environmental Review;
4. The proposed amendments will serve to rebalance the shared cost of development
within the City of Yakima; and
5. Will reduce the burden of the cost of development upon the city's general fund.
Planning Division Recommendation:
The City of Yakima Planning Division recommends the City of Yakima Planning Commission
review the proposed fees and text amendments to Title 15, hold the required public hearing,
take public input, amend the proposed text amendments as necessary, and issue its
recommendation to the Yakima City Council.
Mane , Lisa
From: Maxey, Lisa
Sent: Monday, November 07, 2016 12:01 PM
To: cfaul@cwhba.org'; 'jwalsh@cwhba.org'; 'larrita@cbar.com'; 'ange1173@live.com';
'crystal@yarmis.com'; 'info@yarmis.com'; 'dkearby@agcwa.com'; 'info@lsaw.org';
'tom@uptonsurveying.com'; 'hps410@qwestoffice.net'; 'info@plsaofyakima.com';
'aalapeteri@hlacivil.com'; 'durantdevelopment@charter.net'
Cc: Peters, Jeff
Subject: Planning Commission Public Hearing for City of Yakima Land Use Application Fees
Attachments: 11-09-16 REVISED YPC Agenda.pdf; PC Fees Study Summary_11-7-16.pdf; Planning Fee
Study for 2017 Budget Estimates.pdf; Proposed Land Use Application Fee Schedule _
2017.pdf
To whom it may concern,
The Yakima City Council has recently directed the Yakima Planning Commission to review changes
to the city's land use application fees in 2017 in an effort to recapture 50% of the cost for the
Planning Division to process these applications. The Planning Commission will be reviewing and
holding an open record public hearing for these proposed fee amendments along with other text
amendments at their meeting on Wednesday November 9th at 3:00 p.m. in the City Hall Council
Chambers. The Commission will provide a recommendation on these proposed amendments to the
City Council. The City of Yakima Planning Division invites you to attend this hearing and provide
your comments, or you may email your comments tolxmlal aya111tyF prior to the
meeting and they will be provided to the Commission at the hearing for their consideration. Anyone
who signs in on the sign -in sheet at the Planning Commission public hearing on Wednesday or
submits comments regarding this matter will receive notice of the City Council public hearing,
which will be provided by the City Clerk and scheduled for a later date.
I have attached the agenda for the Planning Commission meeting along with 3 documents regarding
the proposed fee increases. These materials include a fee study summary, a fee study table for 2017
budget estimates which was presented to the City Council, and a 2017 fee schedule demonstrating
how these fees would look in the municipal code if adopted.
Please feel free to disseminate this email as you see fit.
Thank you and have a wonderful day.
Lisa. Maxey
Department Assistant 11 � City ani' Yaiki m,aa. Pllaim,ii n Divisiioii°n.
(509) 576-6669 t isa. rt«axa°yra raul was a a ,
129 N 2nd Street Yakima, W 98901
u0c.
2016 Text Amendments Continued Public Hearing - Fee Schedule Documents
Notified Parties:
Home Builders Association
Carly Faul — Executive Officer: c(sit
_11j2cwila ooh
Joe Walsh —Gov't Affairs Director: )walslwhha,or
Yakima Association of Realtors
Larrita Perrault — President: larr'ita cbar.coN
Lisa Angell — President Elect: pD e117 1eve.cou
Crystal Castle - Association Executive: crystal@yarmis.corr'
General Email: info2yarm1sacom
Associated General Contractors of Washington
David Kearby—Yakima District Manager: dkearb!�fflgL g
Land Surveyor's Association of Washington
General Email: info@lsaw.org
lsaw,ore
Other Contacts
Upton Land Surveying: tom tonsurve,�ac q
Hordan Planning Services: hps41.p W stc ffic e ru t
PLSA Engineering & Land Surveying info I pfyak,��ra ,comm
HLA Engineering & Land Surveying: alaptr'' ilaciviLcoir
Durant Development Services: durantdevelopment(@ctOarter,�iet
Project: 2016 Text Amendements (TXT#001-16)
Date E-mailed: 11/07/2016
DOC.
INDEX
Planning Fee Study for 2017 Budget Estimates
"REPUBLIC
YAKIMA HERAliD r,
'w"'.
911
A daily part of your life yakima-herald.com
-Ad Proof -
This is the proof of your ad scheduled to run on the
dates indicated below.
Please confirm placement prior to deadline,
by contacting your
account rep at (509) 577-7740.
Date:
10/27/16
Account #:
110358
Company Name:
CITY OF YAKIMA PLANNING
Contact:
ROSALINDA IBARRA,AP
Address:
129 N 2ND STREET
Ad Class:
YAKIMA, WA 98901-2720
Telephone:
(509) 575-6164
Fax:
Simon Sizer
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Yakima Herald -Republic 10/28/16
YakimaHerald.com 10/28/16
CITY OF YAKIMA
NOTICE OF CONTINUED
PUBLIC HEARING
DATE: October 28,2016: TO:
Interested Parties: FROM:
)oan Davenport„ AICP, Com-
munity Development Direc-
tor: SUBJECT: Notice of
Continued Public Hearing:
Piro ect Location. Cityvri e:
Proact Applicant: City of
Yak ma, P anntn I Divis on:
File Numbers. T#001.16:
Date of Application -, Sep -
(ember 6,2016:, _ ' J. D .
P-MCHIP1109., The City of
Yakima Planning,Deparlment
Is proposing amendments to
the Cil of Yakim 's Municipal
Cotte dries 14„ 15, and 16
revisin notice procedures
for Ian Use application pro-
cesses, and Codi# frig existing
right -of -away vasal on proce-
dures. (See City of Yakima Text
Amendment Application for
further description online at:
lttlµi1I.11.t1�irrter`tl��') '�
Ad Proof
CITY OF YAKIMA
NOTICE OF CONTINUED
PUBLIC HEARING
DATE: October 28, 2016: TO:
Interested Parties: FROM:
Joan Davenport, AICP, Com-
munity Development Direc-
tor: SUBJECT: Notice of
Continued Public Hearing:
Project Location: Citywide:
Project Applicant: City of
Yakima, Planning Division:
File Numbers: TXT#001-16:
Date of Application: Sep-
tember26, 2016: PROJECT
DESCRIPTION: The City of
Yakima Planning Department
is proposing amendments to
the City of Yakima's Municipal
Code Titles 14, 15, and 16
revising notice procedures
for land use application pro-
cesses, and codifying existing
right-of-way vacation proce-
dures. (See City of Yakima Text
Amendment Application for
further description online at:
(Iltgtas•�:"w,rwvr dmaw� ooy,?
r�1��dpl�uDsa�� .
text -amendments/):: NOTICE
OF CONTINUED PUBLIC
HEARING: As a result of
additional city council directed
revisions to the City of Yakima's
Urban Area Zoning Ordinance
YMC Title 15, the City of
Yakima Planning Commission
continued its open record pub-
lic hearing on the above text
amendments to November 9,
2016, at 3:00 p.m. in the City
of Yakima Council Chambers,
City Hall, 129 N 2nd Street,
Yakima, WA. Any person desir-
ing to express their views on
this matter is invited to attend
the public hearing or to submit
their written comments to: City
of Yakima, Planning Division,
129 N 2nd St., Yakima, WA
98901. A separate public
notice will be provided for
the required public hearing
before the Yakima City Coun-
cil. If you have any question on
this proposal, please call Jeff
Peters, Supervising Planner at
(509) 575-6163 or e-mail at jpff.
getg rs ygklm awa itov
(688249) October 28, 2016
... W&W_
HEARING. As a result of
additional city council directed
revisions to the City of Yakima'
Urban Area Zoning Ordinance
Yi'C Title 15„ the ity of
Yakima Planning Commission
continued its open record pub.
fic hearing on t o above tort
amendments to November 9,
2016, at 3:00 p.m. in the City
of Yakima Council Chambers,
City Hall, 129 N 2nd Street,
Yakima, WA. Any person desir-
ing to express their views on
this matter is invited to attend
the public hearing or, to submit
their written Comments to: City
of Yakima„ Planning Division,
129 N 2nd St., Yakima, WA
98901. A separate public
notice will be provided for
the required public hearing
before the Yakima City Coun-
cil. If you have any ciuestton on
this proposal, please call Jeff
Peters„ Supervising Planner at
(509) 575.6163 or e-mail at Lgff.
(688249) October 28, 2016
U11% DEPARTMENT OF COMMUNITY DEVELOPMENT
P1annhig Division
Ar1kVW Joan Davenport, AICP, Director
CITY OF Y
AKIMA
( ( ng129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
CITY OF YAKIMA PLANNING DIVISION'S
FINDINGS OF FACT, CONCLUSIONS & RECOMMENDATION
TO THE CITY OF YAKIMA PLANNING COMMISSION
for
YMC TITLE 15 LAND USE DEVELOPMENT FEES TEXT AMENDMENT
Summary of Recommendation:
Staff recommends the City of Yakima Planning Commission review the proposed fees and text
amendments to Title 15, hold the required public hearing, amend the proposed text
amendments as necessary, and issue its recommendation to the Yakima City Council.
History:
The City of Yakima has maintained a policy since 1998 that Land Use Application fees should
aim to recapture 50% of the actual processing costs. Additionally, previous City Councils also
felt that the cost of public participation to process the land use applications should be shared
between the applicant and the City.
In 2011, after finding that land use fees covered less than 25% of the actual processing costs,
the City adopted various measures to reduce mailing, printing and administrative costs which
included a new postcard public notice and revisions to the zoning ordinance for streamlining as
more fully described below.
Planning Division Changes to Control Costs:
1. The total number of employees was reduced by 5 full time positions resulting in a staff of 7;
2. The reviewing body for two of the City's major land use applications (Rezones and
Subdivisions/Long Plats) was changed from the City of Yakima Hearing Examiner to the
Yakima Planning Commission. This change resulted in a reduction of the total cost to
process these applications by approximately 34% which is an estimated $1,000.00 or
greater per application;
3. The mailing radius for land use applications was reduced from 500 to 300 feet resulting in a
decrease in the average mailing costs for land use applications by approximately 152%
which is an estimated $620.00 per application; and
4. The level of land use review for 47 land uses categories and zoning districts was changed
from a Type (3) Public Hearing to a Type (2) Administrative Review (requiring public notice),
and 17 land use categories and zoning districts from a Type (2) Review to Type (1)
Administrative Review (with no public notice requirement or fee). The resultant change was
Yakima
2®15
1994
that the overall cost to the applicant to process applications falling under the 47 land use
categories decreased from $700.00 to $365.00, and the percent of recapture for the division
increased from 21.4% to 42.4%. The costs to the applicant to process applications failing
under the other 17 land use categories decreased from $365.00 to zero as no fee is
presently charged for Type (1) Reviews.
Analysis:
In mid -2016 the City Manager and City Council requested that all departments evaluate their
budgets for potential costs savings and/or revenue sources. As the City of Yakima Planning
Department is not an enterprise fund, by state law the only action it could take was to identify
any unutilized grant opportunities, and evaluate its land use application fee impact on the
general fund.
As a result, city staff conducted a fee study that compared application fees to actual processing
costs for Land Use permits (subdivision, zoning, environmental review, shorelines and other
related items). The findings of which are as follows:
1. In comparison to other cities, the city of Yakima's major land use application fees
were found to be on average 229% below other cities of like size in the state.
2. Overall, the City of Yakima's application fees were found to recover about 36% of the
costs for the division to process the applications.
3. Applications that require a public hearing conducted by the Hearing Examiner only
recovered an average of 16.8% of the costs to process.
4. The average cost for the Hearing Examiner to conduct a public hearing and write the
decision for a land use application was found to be approximately $1,595.00;
5. Many of the land use applications that do not require a public hearing by the Hearing
Examiner are closer to actual costs to process, recovering an average of 56.5% of
the processing costs.
6. There were approximately 11 land use applications which did not have a land use
fee associated with them (Type (1) Reviews/site plan reviews, Zoning Verification
Letters, additional Development Service Team Meeting Requests, resubmittal fees,
and time extension for land use permits); and
7. Adding fees for the above applications would have the benefit of:
a. Recapturing a small amount of the total cost to the City to process the land
use applications and processes which presently do not have a fee;
b. Reduce the number of applications that are incomplete, or ones that are
submitted only to determine the conditions of approval for a particular site;
and
c, Provide more time for staff to focus on more extensive planning issues.
Process:
1. On September 27, 2016, during a Yakima City Council retreat, the Planning Division
introduced its fee schedule study, which identified options to recover 50, 80, and
100% of the costs to process land use applications in a two-step process. The first
step was to increased fees in 2017 to reach a 50% recapture rate, thus recovering
the costs of the Hearing Examiner and public notice process. Then in 2018, the
Council could re-evaluate its policy of a 50% recapture rate, and possibly increase
the rate of recapture to between 75 and 80%.
2. During its October 24, 2016, study session, the City Council took no action but
requested that the Planning Division compare the city's fees to that of Union Gap
and report back to the City Council at its November 3, 2016 budget hearing.
I On November 3, 2016, the Yakima City Council reviewed the report and held open
discussion on the item. The council, citing fiscal responsibility and the need to
provide balance to the City's land use application fees, voted 5 to 2 to establish a
50% recapture rate and forwarded the fee schedule to the City of Yakima Planning
Commission for review, public hearing, and recommendation to the City Council.
4. The City of Yakima Planning Commission is authorized to hear these amendments
to YMC Title 15 Urban Area Zoning Ordnance as provided for under YMC §
1.42.030, as land use development fees are codified within YMC Ch. 15.26 of the
City's zoning ordinance.
Conclusions:
1. The City Council has provided direction that the city Planning Division increase its
fees to provide for a 50% recapture rate for the City's land use applications;
2. No adverse impacts have been identified by the approval of the fee amendments;
3. The proposed fee amendments are exempt from Environmental Review;
4. The proposed amendments will serve to rebalance the shared cost of development
within the City of Yakima; and
5. Will reduce the burden of the cost of development upon the city's general fund.
Planning Division Recommendation:
The City of Yakima Planning Division recommends the City of Yakima Planning Commission
review the proposed fees and text amendments to Title 15, hold the required public hearing,
take public input, amend the proposed text amendments as necessary, and issue its
recommendation to the Yakima City Council.
Planning Fee Study for 2017 Budget Estimates
Modification $420
$675
$100 j
$68
$108
i $136 �
N/A
Current Hearing
.
Final Lon Plat. $250
$675
Union Ga Fees
Yakima County
City of
Application Fee
Application Fee
Application FeeExaminer's Fees
6 Apps In
$870
P
Fees
Yakima Fees
at 501/6 Cost
at 80% Cost
at 1000/6 of
Percent of Total
2015
$245
5438
$701
i $876
1t1A
2
Costs
Application
$355
$1.136
$1,817
$2.272
N/A
2
Preliminally Binding Site Plan $420
$1,925
Costs
$1,637
$2,619
$3,274
N/A
1
Amended Sindin Sit lila 20 _-
None
$270
_$020
Rezone
$560
$1,255
$560
$1,614
$2,582
$3,227
34%
9
Comprehensive Plan Map Amendments
$400
$4,715
$500
$1,254
$2,006
$2,508
N/A
9
[Type (3) Review
$700--7
$1,925
$700
$1,637
$2,619
$3,27.4
46%
5
PreliminaryLon Plat
g
$375.00 + $25 per
$5,195
$380
$1,723
$2,756
$3,445
°
38/°
4
eve-ntent Agraemel None
Lot
None
$208
$333
5416
_
N/A
s
a
-Ili Review Norte
A al to Hearing Examiner
$550
$1.255 !
$580
$2.298
$3.577
$4.596
65%
3
Right -0f -way Vacation
$400
NA
$420
$1,387 1
$2,219 i
$2,774
39%
2
Planned Development
None
$5,195
$560
$2,592 1
$4,147
$5,184
50%
1
tOverlay District
None
$5,195
$340 ]
$2,051
$3.281
S4.101
37%
0
Long Plat AtterationlVacation
$350
$870
$380 j
S1-723
$2.756
$3,445
38°r t
i
Non -Conforming Use/Structure
None
$1,450
$280 1
$1.637 !
$2,519
$3,274
46%
0
Intre retation He@rLng Examiner
$550
$1,255
$435
$2,546 (
$4.073
55.091
58%
0
variarl
5425
SI,545
$700 €
51,637
$2,619
$3,274
46%
0
Shod Plat Exemption
$125
$785
$145 [
S36$60
$75
NIA
40
SEPA Review _
$250
$295
$265 1
5246
5394
$492
N/A i
36
Administrative A -ustment -
_ $300
i $1.060
$340
$435 1
$637
$871
N/A
18
Type L21 Review
$360
1 $1.925
$365 €
$430$686
$860
N/A
--
18
Prellmina Short Plat
$325
$1.060
$340
$438
$701
5876
N/A
14
Final Short Plat$90
$485
$90 €
$49
$78
$8
NIA
9
Modification $420
$675
$100 j
$68
$108
i $136 �
N/A
8
.
Final Lon Plat. $250
$675
$270
$157
$21
j $314
_
N/A
7
Critical Area Review i None
$870
$200 1
$326
5521
? 5652 l
NIA
3
Short Plat Altarai nt Reill _ $225
$1,060
$245
5438
$701
i $876
1t1A
2
Shoreline Develo ment Permit $325
$870
$355
$1.136
$1,817
$2.272
N/A
2
Preliminally Binding Site Plan $420
$1,925
$420 $
$1,637
$2,619
$3,274
N/A
1
Amended Sindin Sit lila 20 _-
None
$270
_$020
51,472
[ $1.840
NIA
0
t=orn valve Flan Text Amend ( None
None
None
$1.254
52,006
$2150
N/A
4
Zonln Text Amendment None
None
None
$1.254 i
$2,006
$2.508
NIA
_
not tracked
Shoreline Exemption -__ None I
$675
None
$38$60
S75
N/A
not tracked
!Shoreline Conditional Use or Variance $325
$3,270
None
$1,226
$1,962
$2,452
N/A
not tracked
eve-ntent Agraemel None
$1,350
..
None
$208
$333
5416
_
N/A
not Uaciced
-Ili Review Norte
5485
e
$248
$398
5497
N/A
6
Zoning Verification Letter None
None
None
$68
$108
_
$136
NIA
not tracked
Extension of Zoning a Subdivisions ftprovals None
$100
I None
$38
$60
$75
N/A
not tracked
Resubmittal FeeNone
_
$100
None
N/A
tragi ed
Pm-Appfication Meeting None
Cost
None
$1 i$
i $180
NIA
,not
not trached
Total Revenue Generated for 2015 with Existing Application Fees
_
$55,968
Total Revenue Generated Estimating Fees Recover 50% of Costs
Proposed Land Use Application Fee Schedule
Land Use Permit Type
Zoning Ordinance (YMC Title 15)
Administrative Adjustment
Class 1 Review
Class 2 Review
Class 3 Review
Critical Area Review
Interpretation with Hearing
Interpretation without Hearing
Modification of Approved Use
Non -Conforming Use/Structure
Overlay District
Planned Development
Rezone
Shoreline Development Permit / Conditional Use or
Variance
Shoreline Exemption
Variance
Wireless Communication Facilities
Zoning Verification Letter
Existing Fee Proposed Fee
$340.00
$435.00
$0.00
$125.00
$365.00
$430.00
$700.00
$1,635.00
$200.00
$325.00
$435.00
$2,545.00
$120.00
$315.00
$100.00
$65.00
$280.00
$1,635.00
$340.00
$2,050.00
$560.00
$2,590.00
$560.00
$1,610.00
$355.00 $1,225.00
$0.00 $35.00
$700.00 $1,635.00
See Table 29-2 in YMC 15.29.050(D)
$0.00 $65.00
"Fees for zoning applications are consolidated using the highest fee only.
Subdivision Ordinance (YMC Title 14)
Amended Binding Site Plan
$270.00
$920.00
Final Binding Site Plan
$270.00
$155.00
Final Long Plat
$270.00
$155.00
Final Short Plat
$90.00
$45.00
Long Plat Alteration/Vacation or Easement Release
$380.00
$1,720.00
Preliminary Binding Site Plan
$420.00
$1,635.00
Preliminary Long Plat
$380.00
$1,720.00
Preliminary Short Plat
$340.00
$435.00
Right of Way Vacation
$420.00
$1,385.00
Short Plat Alteration or Easement Release
$245.00
$435.00
Short Plat Exemption
$145.00
$35.00
State Environmental Policy Act (YMC 6.88)
SEPA Review
$265.00
$245.00
Other Applications
Appeal to City Council
$340.00
$340.00
Appeal to Hearing Examiner
$580.00
$2,295.00
Comprehensive Plan Amendment - Map & Text
$500.00
$1,250.00
Development Agreement
$0.00
$205.00
Extension of Zoning and Subdivision Approvals
$0.00
$35.00
Follow -Up Pre -App Meeting
$0.00
$90.00
Parade and Special Event Permit
See YMC 9.70
Text Amendment
$0.00
$1,250.00
Traffic Concurrency
$250.00
$250.00
AWNS! 4 U W%w DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
Joan Davenport, AICP, Director
Ce"IF Y " A 129 North Second Street, 2°d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Division's Recommendation Regarding Zoning and
Subdivision Amendments to the City's Urban Area Zoning Ordinance
TO: City of Yakima Planning Commission
FROM: Jeff Peters, Supervising Planner
SUBJECT: City of Yakima 2016 Zoning & Subdivision Amendments
FOR MEETING OF: November 16, 2016
ISSUE:
Yakima Planning Commission (YPC) consideration and public hearing of amendments to
the City of Yakima's Municipal Code Title 14 Subdivision, Title 15 Urban Area Zoning
Ordinance, and Title 16 Administration of Development Regulations. Revisions to the
identified titles are requested to correct inconsistencies within the City's land use
application public notice procedures to be consistent with recent changes to state law, to
adopt/codify application procedures for the vacation of public rights-of-way, streets, and
alleys, and update the city's land use fees as directed by the Yakima City Council.
STAFF RECOMMENDATION:
The City of Yakima Planning Division recommends that the YPC hold the required public
hearing, take public input, revise the draft amendments as necessary, and forward the
Planning Commission's recommendation to the Yakima City Council for further
consideration.
HISTORY OF 2016 AMENDMENTS:
In 2015 during the City's Annual Comprehensive Plan Map Amendment process,
Planning Division staff and the YPC identified several inconsistencies between the public
notice provisions of Title 15 Urban Area Zoning Ordinance, and Title 16 Administration of
Development Regulations. Therefore, in early 2016 City staff undertook a
comprehensive examination of its develop permit application/processes and found
numerous inconsistencies between the two titles, references to parts of the code that
had previously been repealed, and areas that were no longer consistent with state law.
On February 10, 2016, Planning Division staff presented its findings regarding the
inconsistency of the two titles to the Planning Commission who agreed and directed that
staff should proceed with drafting a text amendment to the YMC.
During the month of June 2016, the City of Yakima Planning Division processed several
difficult right-of-way vacation applications. Following completion of these applications,
the City of Yakima Legal Department requested that the Planning Division and Planning
Commission add a new section to the Municipal Code codifying the states and City's
existing right-of-way vacation procedures RCW 35.79 and Resolution R-2013-089, and
Yakima
11101
2015
1994
establishing a right-of-way vacation application process. On August 10, 2016, the
Planning Commission was made aware of the request and the Commission agreed to
include the new ordinance as part of the City's text amendments for 2016.
At its October 26, 2016 public hearing, the Yakima Planning Commission opened the
public hearing regarding the 2016 text amendments, heard the staff presentation, and
continued its public hearing to November 9, 2016, to consider an additional text
amendment to the City of Yakima's Land Use Fee Schedule.
At its November 9, 2016 continued public hearing, the Yakima Planning Commission
was unable to open the public hearing due to lack of a quorum, and rescheduled the
public hearing to November 16, 2016
PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENT:
The proposed amendments for 2016 can be broken down into two categories: 1)
Revision of Titles 15 and Title 16 for consistency of public notice procedures and state
law; and 2), codification of right-of-way vacation procedures established by state law
RCW 35.79 and City Resolution R-2013-089.
1. Revision to Titles 15 & 16 for Consistency of Public Notice Procedures, and
State Law:
Description of Proposed Amendment:
a. Title 16 Administration of Development Permit Regulations is proposed to be
amended to be consistent with state law, both correcting public notice
procedures, timelines, and public hearing processes;
b. Title 15 Urban Area Zoning Ordinance is proposed to be amended to revise:
1. The public notice and hearing provisions of YMC 15.10, 15.11, 15.12, 15.13,
15.14, 15.15, 15.16, 15.19, and 15.20 to be consistent with Title 16 and state
law; and
2. Removal of outdated and incorrect code references from the entirety of Title
15 created by the passage of previous ordinance amendments.
2. Codification of Right -of -Way Vacation Procedures:
Description of Proposed Amendment:
Title 14 Subdivisions is proposed to be amended to add a new chapter 14.21 Right -
of -Way Vacation. The purpose of this new chapter is to establish the procedures,
notice requirements and fees for the vacation of public streets and alleys within the
City in conformance with the authority granted to the City by Chapter 35.79 RCW,
and City Resolution R-2013-089.
3. Land Use Fee Amendment:
Chapter 15.26 Land Development Fees is proposed to be amended to increase the
land use development fees for the City of Yakima to provide for a 50% recapture rate
of the city's cost to process land use applications.
Page 12
ANALYSIS OF PROPOSED AMENDMENTS:
The proposed amendments, although not substantive in regard to their impact on
existing or proposed land uses, or existing development standards, will serve to correct
existing conflicts within the City of Yakima's development code and establish a clear
application process for the vacation of public right-of-way, streets, and alleys.
In particular, the amendments to YMC Titles 15 & 16 will:
a. Amend YMC 15.10 Conditions of Approval/Administrative Adjustment of
Standards to correctly reference the provisions for Modifications of YMC 15,17,
and provide corrected public notice procedures;
b. Amend YMC 15.11 General Application Requirements to allow for submittal of
digital application materials, provide a new public notice/process table (Table
11.1 Notice Requirements), provide a file closure process for inactive
applications, correct 15.11 to allow issuance of zoning decisions concurrent with
State Environmental Policy Act determinations, and update the procedures for
posting of notice for land use actions;
c. Revise YMC 15.12 to be consistent with the City of Yakima Planning Division's
practice of requiring a zoning decision and approved site plan prior to issuance of
a building permit;
d. Amend YMC 15.13 Type (1), 15.14 Type (2), and 15.15 Type (3) Reviews to
have consistent public notice processes which is in alignment with the city's Title
16 Administration of Development Regulations chapter;
e. Amend YMC 15.16 Appeals to:
a. Add YMC 15.16.015 Conflict of Provisions, which directs that in a conflict
of notice provisions Title 16 prevails;
b. Add YMC 15.16.030 Consolidated appeals, which provides provisions for
the consolidation of Land Use decisions and SEPA appeals;
c. Add a process for submittal of written memorandum and rebuttal on
appeal of environmental and land use decisions;
d. Revisions of the YMC 15.16 to be consistent with Title 16 and state law.
f. Amend YMC 15.22 to include separate processes and notice requirements for
Use Interpretations that are both site specific and non -site specific and limit the
authority to add additional land use categories in Table 4-1 to the City of Yakima
Planning Commission and City Council; and
g. Amend YMC 15.26 to increase the city's land use development fees to provide
for a 50% recapture rate of the cost to process submitted land use applications,
rebalance the shared cost of development within the City of Yakima, and reduce
the burden of the cost of development upon the city's general fund.
2. Adoption of YMC 14.21 will establish clear procedures, notice requirements, and
fees for the vacation of public streets and alleys within the City in conformance with
the authority granted to the City by Chapter 35.79 RCW, and City Resolution R-
2013-089. Furthermore, adoption of the new chapter will also reestablish an
exemption from payment of compensation for property of which the City has not
purchased, maintained, nor made improvements to, and no planned or anticipated
public purpose exists for maintaining the public right-of-way as previously
established by City of Yakima Resolution No. 2007-126.
ENVIRONMENTAL REVIEW (§EPA
This project is categorically exempt from review under the State Environmental Policy Act
because it falls below the City of Yakima's flexible threshold for SEPA, as established in
WAC 197-11-800 (19), as these text amendments result in no substantive changes to use
or modification of the environment.
PUBLIC NOTICE
Date Accomplished
Notice of Public Hearing
September 30, 2016
Legal Ad Publication
September 30, 2016
Continued Public Hearing Notice Legal Add
October 28, 2016
Rescheduled Public Hearing Interested Parties
November 10, 2016
Rescheduled Public Hearing Web Posting
November 10, 2016
Rescheduled Public Hearing Legal Add
November 11, 2016
CONCLUSIONS
The amendments to YMC Title 14, 15, and 16 are minor in nature, but will result in
an enhanced public process that increases predictability and reliability for the
public.
2. The amendments to YMC Title 14, 15, and 16 will serve to rebalance the shared
cost of development within the City of Yakima and reduce the burden of the cost
of development upon the city's general fund
3. No adverse impacts have been identified by the approval of these amendment
requests as the changes result in no substantive changes to use or the
environment.
4. The requested text amendments to the City of Yakima's Zoning and Subdivision
Ordinances are supported by the City's Yakima Urban Area Comprehensive Plan
2025.
RECOMMENDATIONS
The Department of Community Development recommends APPROVAL of these text
amendment requests.
SUGGESTED MOTIONS:
Approval:
Based on the testimony and evidence presented during this evening's public hearing,
move that the Planning Commission adopt the findings of fact and order that the draft
ordinance dated November 16, 2016, be forwarded to the Yakima City Council with a
recommendation for approval.
Approval with modifications:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the City of Yakima Planning staff modify the findings of fact and draft
ordinance dated November 16, 2016, to include the changes noted in the minutes of this
evening's public hearing, and with these changes move that the Planning Commission
approve the modified findings and ordinance, and order that the modified draft ordinance
be forwarded to the Yakima City Council with a recommendation for approval.
Denial:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the Planning Commission reject the findings of fact and order that the findings
be modified to include the following reasons for denial, and order that the draft ordinance
dated November 16, 2016, be forwarded to the Yakima City Council with a
recommendation for denial.
Page 15
Chapter 15-08
SIGNS
Sections:
15.08.010 Purpose.
15.08.020 Definitions.
15.08,030 Development permit required.
1,&N040 Aenrequlakid_sigos
15.08.045 Fot+-exampt v94is.Exffnp,!io1ri.%.
15.08.050 Prohibited signs.
4
15*08,060 Sign standards,
15.08.070 General provisions.
15,08,075 S42_LgrtfnaL
L )n
15.08.080 Projection over right-of-way.
15.08.090 Roof signs.
15.08.100 Wall signs.
15.08.105 Fascia signs.
15.08.110 Temporary signs.
1" 08 110
15.08.120 Directional signs.
15.08.130 Off -premises signs and billboards.
15-08.13.5,__ Qiqje _si
15.08.140 Multiple -building complexes and multiple -tenant buildings.
15.08.150 Freeway signs.
15 08'.1 L� PortaU) q sigI25_
15.08.1601-..eqa�4';Nonconforming signs, NlatedNs Rerno)4 and Enforwarnent.
15.08.170 Administrative adjustment of sign standards allowed.
15.08.180 Variances.
.15.,.0.8,120 Violations.
15.,08.0,10 Purp9se.
ad
1MORI-Of-the eRm-448,6on
4
N47
T
s a
bgPILI Hlg�y-ud tiveJ,cqT).SJs,ll cont ni-
neutrfat arid isr i:nat rl,.
K, jn j 0 qjqCj5� gtqLdn, ftN,,isJnr sobeenad�edtopLorji!qjL,,jtjp
f�jllLA �IC
1 Min�rnum standards in of der t2 nfp�22� Ig !I
- ?
22, ition of N,
3,^�tw,n Irac flow of trafficand tOP.CQLeqjLqSLe gjLIq-tq
4, Provide consistent and crM -Ir �
5',
enalll the fair and consistent enforcement ofthis
. ..........
j[j�a,g!2gM[gLjs riot intended to res t pr
_ �Lr,,
fil S of ills con 0 t view "'int 0 ess
qllassiflcaNfnfb _tLeghily asqtl fjtLg,_jyfjq) in Lity ig., !2
_plgp z M
ger or otherwise
.............. . ..... s, rq� eted,jpAIIpvv -Le, �ii n Nolhi .pVt
_jOL,,fpL_ qL1 1!1�,w, 5 q
........ . ...
d to f� rci
tnrn,_n^fnt® shw,fld be consftue worcoltrime Ns_qech over non -o ni aer iials echi, 0 in
. . . .. ..... .
15.08.020 Definitions.
For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed
as specified herein.
"Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months
or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or
use. Abaridoneerwi
Apel d or offic'm
d tp incIude�s,,5AILs.Aj2aj.@rt rq�q �LefgCecLfLa�te J.,,jqg!,-7
d(-,lteriorated aind are riot ri 0
va� ed volitt-M 30 d�a afte hej,,'j!y,pki:o�tLq(3s
....... ------ - _1ioticVi_ of the condition,
"Banner' means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or
more edgesth
at is n fofx-A-flaq& I0F,WIy-,4Dffir,+ 31, flag -at -ars
"Billboard" n wmnc mm m a 1 Lm a ldqar jjdy mmnls gu s un_r�gr-tkuuzu�ugww ra�.b," _".,.� crLn�lLir ial ou k�, n rise,.Lisa y
unreWed to the (,,),se owr..acfl FRjq[ jI g �& �� C� rfru w� u�nb� �l�e„dsf�t�� 1 ��%„C �t tlt ��Ppft��kA to ���1 h� 4 r g, vi�y fgV,�,ii ''.
fi,ni ediate art,, �a.. sup lu a is,H�hH ; case with an off- remises ;L il gn! N2uc i sua lermai gyp V e� for w nrumer� i l
9Osc .
„Bunnl uu tft. gfflgja means it, e C,odes.M e,a er or l_umw _o her es' 1 ' 9LD.,
"Canopy sign” means any sign that is part of or attached to an awning, canopy or other fabric, plastic or
structural protective cover over a door, entrance, window or outdoor service area.
"Changing message center sign” means an electronically, lld i ,njlL@,LR controlled sign where different automatic
changing messages are shown on the lamp bank. This definition includes time and temperature displays.
"Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or
firms involved with the construction of a building and to show the design of the building or the purpose for which
the building is intended.
lie ( s9 h1 wN ii I r 79TM,P rs4 q �. Up l t" drl�4r!i or...'symbo s,
q!&r a Iion.j lkwnh'Irted '� Lr j ct
Directionalign°f�qa rn_m,arl rt1 fou �lrerutl�rfur�icmmcr?ol�urdo otdaw rtc,f
rutir7vr nr�un or;rDrsiarrommrr_r.roo; wimtluur am�uuualt� ttdr VaQfrroif ee,ITlmc "off -premises directional
sign" and "on -premises directional sign."
"Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used
as part of the sign proper.
"Fascia board" means:
1. A board used on the outside vertical face of a cornice.
2. The board connecting the top of the siding with the bottom of a soffit.
3. A board nailed across the ends of the rafters at the eaves.
4. The edge beam of a bridge.
5. A flat member or band at the surface of a building,.
Front Yilem
Figure 8-1
"Fascia sign" means a sign which is attached to the fascia board of an existing building's roof structure where
the sign projects less than one foot from the fascia or parapet of the building, including the parapet to which it is
affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which
does not extend beyond the horizontal width of such building. The building's fascia board shall have a soffit and
end caps installed flush with the bottom and ends of the sign, integrating the subject sign into the building's
fascia and overall roof system.
SIGN CANNOT EXCEED -
THE SIZE OF THE FAS[ IA
BOARD OF WHICH IT IS
ATTACHED, ���AAA"' r • �� _ HN'S SUPER WIDGETS
FASCIA BOARD MUST+
EXTEND FULL WIDTH OF 4n, Bi tEND CAPS
' MAYMir
BUILDING ROOF PR�y �f �'TN,d'Sf' �-SOFFIT REQUIRED
STRUCTURE AND SOFFITS
& END CAPS MUST BE T ASfi.I�y NFa kFMhCdY1
INSTALLED
u q
;o
� � f
...........
�ofvaklma FASCIA SIGN (YMC 15.08.105)
Figure 8-2
=N �r�e, m5'.. .tsa aw _ t ( � � mV m 6? ith 6slingfivewc0or .ria([ spy N utaoll is _ � acau ud
"Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes
light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than
one-third of the nonconstant light source is off at any one time.
"Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground.
"Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic.
r°�-sera�iziagi-�t�..,.��se�.ta��aa����� ii•�'e��ue''amr�'��f����.rc�mt:�ioieiy�"�r��,r..�am��rp�ise ��+^�ti`ae,..oper�im"ka ot'w� esp���a-f���ise
��r.�de���.A�ew �oarba�Ig��gar�nt,.
"Marquee/display case sign" means a sign typically associated with, but not limited to, movie theaters,
performing arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface
of the structure, or attached to a structure approved by the building official. In addition, a changeable copy area
is included where characters, letters, or illustrations can be changed or rearranged without altering the face or
the surface of the sign. Marquee/display case signs shall be considered wall signs regulated under the
provisions of YMC 15.08.100, and all sign materials placed behind the clear/translucent material shall not be
sign 1 provisions
considered a temporarysi n su subject to rovisions o,
"Multiple -building complex" is a group of structures housing two or more retail, office, or commercial uses
sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section,
each multiple -building complex shall be considered a single use.
"Multiple -tenant building" is a single structure housing two or more retail, office, or commercial uses sharing the
same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each
multiple -building complex shall be considered a single use. (See YMC 15.08.140.)
"prlc tJflfr I � ppii J,. ap.Jdr° rt a rr siy Mei n which i at or, e Gir�r� ., op"dforr ed to,poll �1�J��a nl ll�* r �r�nai���ment and
tar,p(l rds of t'l'oi �iater in ,V ptl t1_ .gl..ffi tlrra mA lr�ktle �aw.l ..b�, t!l l rl ltra Ply_ � tl _a uarf'o�rn due
t M i„I4 tlB td ii :Iuikme,) nts and siu1dax�
, dJnmm
"Off -premises directional sign” means an off -premises sign with directions to a particular business.
"Off -premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold,
produced, manufactured or furnished at a place other than on the property where the sign is located.
"On -premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits,
service areas, or other on-site locations of a p ip`,(;r.ufarb„tJ„ „w,ness.
"On -premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising
the business transacted, services rendered, goods sold or products produced on the premises or the name of
the business or name of the person, firm or corporation occupying the premises.
Pei rn�niertsktl�`q,iie i, 0dj,dV,2),tucted�fwea�eiIY,(,sV a'itVnteri�at�irteTlV � mC��m�ltnt Pm��e and
w'
Muu..
flh t doorotherwise....�.-. . of gip y. giigLi "a
Inot rineot the definifio,,,
l 470 4 a�-l"-l" ri'pdN'id"N64-6491-1-a 'ad plat9pspp'l ..a i.aupppp�rk ate dwdp^..p . adii ate& fo-a:?ubl (( i �d; e".c4fif eS f i i Flifi�",rbI
1ar�ywNp -Jai-�N-w.prg id rgl-� f�apt+��,�9ap; i�o.,on .�r. tpp,pb4'gi� rssr.�e.,deci��Jrµc& try -Neal q;�a4
"Portable sign" means a sign made of wood, metal, plastic, or other durable material that is not attached to the
ground or a structure. This definition includes sandwich boards, and portable reader boards if placed on private
property. Signs placed on public or street right-of-way, including public sidewalks, require review under
YMC 8.20.055.
"Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or
building face.
°Vry°fYakima PROJECTING SIGN (YMC 15.08.080)
Figure 8-3
q et stair ig'r' wrr r- ri m y r igrr : �rG rr�� . ^tri tyre Nr „ le�rr r or r r'rtal f hind or Htfings.
"Roof sign" means any sign erected or constructed as an integral part or is essentially part of a normal roof
structure of any building design, where any portion of the face of which is situated above the roof line to which it
is attached, and which is wholly or partially supported by said building. See YMC 15.08.090.
"Sign" means,Wh i; r r rr r. r � al rpt° lrag!r wv�tMp mmrmmm a�Gi na lkG niriatiq orl any medium, including its
structural component parts, used or intended to attract attention to the subject matter that identifies, advertises,
and/or promotes w4 aG4%4g product, 2gd service, place, ^qgtgrg �fl�m u�r„r lrgr� a cpg�w�"�^ t safe or
••
SIGN HEIGHT CANNOT
PRO.ECT MOREN
ONE -TI RS HEIGHTOF
6INGHkaks,'
�
...
.
`
'DV
�
IM dll IHu.
M
�
W f ° PW:9�4
'J'A'..r.w..
A
....
..
C .w
°Vry°fYakima PROJECTING SIGN (YMC 15.08.080)
Figure 8-3
q et stair ig'r' wrr r- ri m y r igrr : �rG rr�� . ^tri tyre Nr „ le�rr r or r r'rtal f hind or Htfings.
"Roof sign" means any sign erected or constructed as an integral part or is essentially part of a normal roof
structure of any building design, where any portion of the face of which is situated above the roof line to which it
is attached, and which is wholly or partially supported by said building. See YMC 15.08.090.
"Sign" means,Wh i; r r rr r. r � al rpt° lrag!r wv�tMp mmrmmm a�Gi na lkG niriatiq orl any medium, including its
structural component parts, used or intended to attract attention to the subject matter that identifies, advertises,
and/or promotes w4 aG4%4g product, 2gd service, place, ^qgtgrg �fl�m u�r„r lrgr� a cpg�w�"�^ t safe or
business, ... or -any t i.� mugrum d o inIc ud nm ymr R umu l i s c_ w wenn„ twy reluwr ,s�u� Gw t wRlcrrr
,, , a a.. .. h.w
a. wrri .w tt mwwwa t zr inlRa aWes_oirw irn ll it devices intended to attract attention,
"Sign area" means that area contained within a single continuous perimeter enclosing the entire signand/or
icabinet, but excluding any support or framing structure that does not convey a message.
"Sign cabinet" means the module or background containing the advertising message but excluding sign
supports, architectural framing, or other decorative features which contain no written or advertising copy..
"Sign height" means the vertical distance measured from the grade below the sign or upper surface of the
nearest street curb, whichever permits the greatest height, to the highest point of the sign.
u,rllflli�p ll� � �RII ,y�
e4
r
I
ww
Figure B-4
"Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet or
i.q.19.
1-ai,r+v�4c w�e��ii?„tarWrntalw �mwnRq daytaat.
"Street frontage” means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner
lots, each street -side property line shall be a separate street frontage. The frontage for a single use or
development on two or more lots shall be the sum of the individual lot frontages.
Figure 8-5
„Temporary sign" means any sign'.rr..l r atg pi r _ t lqzn a u r a_oL I L(d in the g ok md v0th, congrete
ter g4la¢ar_p"rriag s k mfrar i r pt rq,g' trrfsu po,r t�wlr p. Idseo , or
advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials i...j ..e. t„
Wg i.Vtt c'tiy aLjqjs not ur gtiy r ,t tnul duu lett, rr otherwise,ua F t o t to arjgq.Urqr,Lgot structure�torbUtL(lurgg_
f°r11112gr 'gin Si u r u a onl Ik?o r'r'uad � of non diur M inater�iau s iinga udin dura T u rk 6uu uu r cl c r i a rru ru�r t r
�,,,u�.,tiw, „y. � .�, F , �.m .. a��ti�. � w .�m„w�.�mw� �.. ,���- ., a« ,� m,nN d �m. ,9,�w,��� .�a , o,.w t., t�,.a,.., . ,,,.... f,.L� 4
l .r Dean soNrrlrrl _gaaints. otmmchalk& �",rt rri tta�a p
faurwG...f pro le I.. . with t!.
.gar�rrou,t, , oar .. area o,r�r urs �aourtr,_.�.
of o,t,herr” ateriaig sto ttwwbe considered ed Orrn„g�' e��L alit j�,tftegj io jl2gL pga Lj' ag til si rc„,tq�g!i ins of..:O'li
�.lugstpu^ l✓yps-of•dl��l�u-�r�lu��"ted-rru-'ttar� a�at'au.�r:u°��r rn<�I ��lm�..+pc�al-���les„ spools,9ever~ut,..ar
garage -gale stgrrs,,
:"Trauter fid_ igut w'Tjg. rrs Dywgucft'u tf.,& tect on or affixed to a trailer or vehilde nonlly trtsgd_lbry_thestateasa
tt'grle .p ijt)_y sl n that, has wh la, or a loC ated n or affixed to hieeP w r�t?gt) Leaf b6rij( used l,o frtove the
,lr to trorn l r�tluarrt to pr ratuon Trailer sur n rlrIre riot rtr�l Vr r ltL i ares drat era rulllad lrratriund ur lrur los brat all
gr�sITtka mrare iocatedITon or affixed to wy� e0s,.
2,U,Ge4(Aenrtntr ,,, tore nigra."--Mwar't.s...a arga' ,ra�arl taw l fe rtify.. rdl a oontarr ur tort'rrattrao t°ert rr urrrg,.to r srvt°u o},
ofurnroln.,,,re�ndential•a�veC-n�pr�ntarat.; or•,a tr;�gal l�rr�lne�'r-rtl°k�z�'tl"r�ar�--hnerrr�o oc�r�rupatror.a..ly..a..rt�sirtrslial-dNstrcct
"Wall sign" means any on -premises sign attached to or painted directly on, or erected against and parallel to,
the wall of a building. See YMC 15.08100;
cay or Yakima�- WALL SIGN (YyNC15.08.1UO)
Figure 8-6
"Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information
about an acfiyity,g bUSineam`rL@Lq8!!!,,mven^malewrmervice, wiLqt
ndow
the window panes orglass and visible from the exterior ofthe window.
15.08.030 Development permit, required.
No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first
receiving odevelopment permit from the building officia|
1. For New Uses. All on -premises signs meeting the standards ofthis chapter are considered Class (1)
BUILDING FACE
SIDE VIEW
cay or Yakima�- WALL SIGN (YyNC15.08.1UO)
Figure 8-6
"Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information
about an acfiyity,g bUSineam`rL@Lq8!!!,,mven^malewrmervice, wiLqt
ndow
the window panes orglass and visible from the exterior ofthe window.
15.08.030 Development permit, required.
No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first
receiving odevelopment permit from the building officia|
1. For New Uses. All on -premises signs meeting the standards ofthis chapter are considered Class (1)
of YMC 15.08.170, and are otherwise not permitted. Off -premises signs and billboards are permitted as
identified in YMC 15.08.130.
2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an
existing sign requires Type (1) review and approval by the building official._ Chas"acn.r? Ik)pmmp c r„y,
of %i_qq .LrLgq V L__�dd��h.� CIgtdW or @pi ,dg1kQg ;( iIVg Sign sot.nabak,.�
omTLftt ,Ll )n 2mw— ?PY awl() r' o r -em ure review ((fir°d• N44 Q07. ..4..�t_
2,,0-1 . Grd,., 2 k15- §4--(p aia l) a db
I ro aded..tt e t edoa -w rat�cr rt �r2� s rr a @ue g ra 8,.pro �s' rs s P A 4-648',0-7()m,'and aar ept-w her)
Wierwiw,pro�aaditrad ata r-tlaem�w� a-r'o,..rawwrr r:.lu'swkr t,�'eoglrwk�gnwur rut ro.t.rlwlr� r;...w
ti~ueur r�u,wr��i�rr•�n'�dr"m-awrw, �wit�9����:�f's�•roam..of.wNr�r:�o���r�d•tr'r2orry...s�g�°�:-mid s�r�rt�l�r��r#•kw��3�use�i� �r1,o
not aeala;:a-i-pie � treraari
�� •... �o��awwNw ngrrr� urr c��.rorw�r�n�ucl�er� wrl�r.�r-��e�rn�k"�'ew.� ��wue,d,ol w��ua,;,Vm kt�w.� a�ita�ne..does w�r�t,.rr,�;eri..,��fty
prr�ar-+u"�-�rrr�rr'o•�a;�t•tl�r,..t�oteP rw'wnw=��dOw-r�'�-: 4a���a�� ��ugn-oti�elR-�ueR d-da�c6rar�er�n•d�t���ir�•�r�uffwtda-tokw
nur�u�'�e,� wit-.��rr"rritt�;�r� su��:ms• o�-��1-0r:�����r1 so-�frr4�w�w� rroo; as.��,wrarla&:�-ire �ta� luwp�e�' ��),
Z, fa.o+u° 4 ptnU1, e ' �s 9n n o c to , a ..I r tusk;,•a r w ssr
d-.... �ber}raa4erm,
5.n... �das�.r�6uMal awte-�ola��a,da�:sn:
�_,,...,..u��.d���usl•or� kepYr-rol�cs dosawerd.dy..�:ray•r�r�'l •puk�1��� ��oa1�„-t�rr°�..,�r r` ' u';+r���erldwr"rur=�r�wc�� of o
pubfic, duly, ow ki o Mng-any-loges, nGticw,
p•..•• �Fl�rmri,4l ldieawfu�-r��•i��o-��rritoa� fiw-l':wu��M o�,r"r�ur`o-� �tr.�s•ol tlrr� �:�ur�ierk-�ia7�os-,.,�un�.,� rr�or��r�a��a4kluuod
o 'dc �w,rl �iagaa 6r ur*iq r rues tion s, ruurd �kags.,of dru -FIN; 0011aNy-aMl•.�Iafiorrelly..reoo
10"
Pr(.M-10419 a f)()S�60 R -W'
a AIFA:,�M*aksign& shaH-baw 4h -
pe0ed
b, --N<)polift,,A- -(-)f, ttle
OF-17mv i ded 4 -or
tmd er-ado pled -Mat-utea,
14,- 86tate'sig"R, uP tGAhWY4VVG S(JUW,9fe a�irt4gfl-anea �(Qrd, 2016-007-4-1
20WOKI.-2,001 .25§ 1,-20,01- Qrd. $43-81-b-33, 1 ),3',
0;6_3049 4U,4•987- (Dfd, 2NITVI-4)'ar'9
'rhe following signs are exempt from the free pL__
WiL)c -.q ml-Titka-LCi,-bul
requirements of WAG.14.0
-a
RL 40
rarid4he
1. On -premises signs not readable from the public right-of-way, i.e., menu boards, interoRL_Skjaa, etc.;
2. On -premises directional signs;
5 il fNeP'EL'q5g-estones ostrLIWM.S intedied fa s rate usesucl'� asg gcj,il cani M,
*
.%g�
4, itrNNON1%rug ideinfification lnurnbers as re N'edgkin,5Ligllt.IgItIgYaki�,naMLini¢',i alCode ranti ySfttjgr
3 - �.OnAtFu('Pon'
4, CburcAi-, aI*'(;DrnrnunRY c';Bnter lhhly- two, squaf,'e
5. Temporary signs
kpfA4);-
6, Q)oveynmenta .5,Jg[I ,_E'
,.QUarkq
fjm[i Ljt@LLqSjg y
forthe 10ludinrl �q� g2L�M� jqL�jg jqL1 iC� .
Qy� q:
A. E! PmPfla--YL ill IN-LOLP-9121k —satQAY-QLf,-'-vii —(J(-'fTS(L
B, Traff! ar d1Q. r wa f ndin %L Bigg ,-Y,.i _avr -QbLT'-L'okrIm
Y--LJQAUI-t L Z%LP
................. Augur wLp,_qAj t � b j f�j�jpyf.d bXjaw
n§i , �ired-..o . .... e . .... i
ID, S ig s5the location qfRuL)�c facifitip
jjq _ _ _§i_gnd
E rn li ln
sig!jpsqJay.L,9L.q i ve i i L�Ep n
Iggt [P. !Mjcyj
LqDi .-I
gtltl PiN Lq( i.l.s. re52�si b i Ft ty
ne4 welfare,
7.,.-_F[ggI. SLy s rovidedthalth, piformtoaH ravisrons,Wtfflscha tpjo
§_Me.pia Ek s
_2LjLqi d rLqs, cU cf erection and thejike,.which a, e ggi:p
r 0i _qLaig
.......... ,Lj
9-veu�r�e witii srpprILc a ,Lt
ttgL�ti oned near an activ
fLAIQ'x4(t11 .N, g[agap,
_q!L[ r 9,.n_q-[�Ubifc atler'AiMl tO SUch Aiv �y, gnwlf�Aj_%tEt� v0flc�e or rnobile unit is
MO.Ltg!y,.gg,Lk@0.jnr tpfliW,Lie he
jLdy.visible bcation (or t p Lqj
to �jp-siLi�
..0 _q
10, T a
erMgfM,Fjigq, I rpS t�q se affixed tathe inside of a
5, �ni w�ndomos. An t 12.q_ y,_L qj@
-Y !� _g.L
vvd.�142AJII —sv L sLIy_renIOv(,Id,rKQIgCl that the total arra of the sj ' _!ly ne_ _2_
window does Inot exceed that as abwed lin Lthiis UL�
qpdo
14�r fgr Wki_ ... w E�LicL jagnijLL-.Ej%OL Ey 11[q
�_ _,_ ,Lj
11. t ulnlaic 'is and freestandin, srtttts me �re i ap
�..LNI�gqrnents of Sections 15 08.155 and
-.II- _I .. . ..... . ...
qxat tq
11 P�� L, LA Ott
16.08.050 Prohibited signs.
The following signs are prohibited:
1. Signs on any vehicle or trailer parked on public or private property and visible from a public right-of-
way for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs
painted on or magnetically attached to any vehicle operating in the normal course of business;,,,,
2. Signs purporting to be, imitating, or resembling an official traffic sign or signal ley uta cVn`a.,f,Ng�
Vocafioin or Munjrmfian; could cause confusion with any official sign, or which obstruct the visibility of any
traffic/street sign or signaler PAt "IAy
3, Signs attached to utility, streetlight and traffic -control -Mandafd poles,,o Japfli 6e§,Ag
4. Swinging projecting signs',,..
5. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or dangling
materials) or hazardous condition;..,.
6. Abandoned signs„
7. Signs on doors, windows or fire escapes that restrict free ingress or egress�, and,,
8. Any other sign not meeting the provisions of this chapter.
USAS,46641 -maintarkanciew
I 1 11 I'll 1
A
or
8, NW-Nng a tegal
the,,
PmOsioins N tN 4r N of regar l'Nr air eRy a %nRen� na , reN ar', mn t/or ue�w o,a aN o1 gn . (arse # ;1w ON1....j(;n():)
(�)r(,t_ 0vr40,7...1 (EAA) (pmt),v 2014, Ori, .2 Ott -mss 1 N rt), 2 8 )MN - 3-8"t §415, 99 )
1'+ Nrw1 rO
The provisions of this chapter and the requirements in Table 8-1, "Type and Number of Signs Permitted," Table
8-2, "Maximum Sign Area," and Table 8-3, "Sign Height and Setbacks," are established for all signs in the
zoning districts indicated. All permitted signs are subject to the review procedures of this title and the standards
of this section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review
requirements as the principal use.
SIGN TYPE
PERMITTED SIGNS
On- Nameplate
Premises
Subdivision
Signs Identification/Project
Identification2
Table 8-1. Type and Number of Signs Permitted
ZONING DISTRICTS
SR I R-1 A R-2 I R-3 J B-1 I11 1131I B-2 I SCC 1' LCC I CBD 1I GC II AS I
Permitted as an Accessory Use to an Approved or Existing Use
Roof/Portable Signs Not Permitted Class (1) Use
Freestanding, Subdivision/Proj. I.D. Only On -premises signs meeting the standards of this chapter are con
Projecting Not Permitted (1) uses requiring Type (1) review. On -premises signs not meetin
of this chapter shall follow the procedures of YMC 15.08.170, an(
not permitted.
Freeway
Off- 1..'1ire. " na1
Premises
Signs .�.._.._,�
arm
See YMC 15.08,150
Not Class (2) Use
Permitted
Not Class (2) Use
Permitted
Table 8-1. Type and Number of Signs Permitted
ZONING DISTRICTS
_._._ --
SIGN TYPE SR [ R-1 �R-2 R-3 B-1 IHB B-2 SCC nLCeCCBD GC1 AS
in. l,u(tLog
isullllcair�j....._..............................
NUMBER OF SIGNS PERMITTED
On- Nameplate
Premises
Subdivision
Signs Identification/Use
Identification2
............................................................................................
Freestanding,
............................................................................................
Projecting
Wall/Roof/Portable
Signs
Freeway
Off- f'ttref*oat
Premises Advertising
Signs
t it hoards
NOTES:
1 Per Dwelling
1 Per Street Frontage
Not Permitted
1 Per Street Frontage
1. Wall: YMC 15.08.100/Roof: YMC 15.08.090
2. Portable: YMC 15.08....1 5_.
._ifbr7i,..�;�,ef�ltfwt•: tai N��e� ��kar��"�-�^�.�+�44�'"��^� I��"��N'�°t�v"��"
ex ert ti r � %uwa e t,.;tm t l s ;f:..32"s ua;e•teet,of-sign-are,'
b,..�u fwtt aastoiaW�rmt more tf°l,..3t Fxtweae_
64,s um -fit
Freeway: See YMC 15.08.150
Directional: See YMC 15.08.120(B)
Not Permitted 1 Sign Per Parcel (Also See YMC 15.08.130
1. YMC 15.08.140 has freestanding sign provisions for multiple -building complexes and multiple -tenant buildings„
2. Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall—
See Table 8-2.
Table 8-2. Maximum Sign Area
ZONING DISTRICT
SR, R-1, R-2, and R-3
Freestanding and Projecting Signs
Sign is set back 15 ft. or Sign is set back 15 ft. or WALL
less from required right -of- more from required right -of- SIGNS
way way
Nameplates up to 2 sq. ft. and subdivision/project identification up to 32 sq.
ft.
FREEWAY
SIGNS
NOT
PERMITTED
HB and B-1
24 sq. ft.
40 sq. ft.
� � ....
B-2
40 sq. ft.
60 sq. ft.
SCC
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is less
ft. of frontage up to 100 sq. ft.
lineal ft. of frontage up to 150
than 400
sq. ft.
ft. long
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is more
ft. of frontage up to 150 sq. ft.
lineal ft. of frontage up to 200
WHERE
SIZE OF
than 400
sq. ft.
PERMITTED;
WALL TO
ft. long
UP TO 300
.....�..------------------------------- �.......................................................................................
WHICH
LCC
Frontage
1 sq. ft. of sign area per lineal
11-1/2 sq. ft. of sign area per
ATTACHED
SQUARE
..................
is less
ft. of frontage up to 150 sq. ft.
lineal ft. of frontage up to 200
FOOT
than 400
sq. ft.
ft. long
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is more
ft. of frontage up to 200 sq. ft.
lineal ft. of frontage up to 250
than 400
sq. ft.
ft. long
CBD
1 sq. ft. of sign area per lineal
ft. of frontage up to 150 sq. ft.
Table 8-2. Maximum Sign Area
Freestanding
and Projecting Signs
ZONING DISTRICT
Sign is set back 15 ft. or
Sign is set back 15 ft. or
WALL
FREEWAY
less from required right -of-
more from required right -of-
SIGNS
SIGNS
way
way
GC
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is less
ft. of frontage up to 150 sq. ft.
lineal ft. of frontage up to 200
than 400
sq. ft.
ft. long
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is more
ft. of frontage up to 200 sq. ft.
lineal ft. of frontage up to 250
than 400
sq. ft.
ft. long
AS
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is less
ft. of frontage up to 150 sq. ft.
lineal ft. of frontage up to 200
than 400
sq. ft.
ft. long
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is more
ft. of frontage up to 200 sq. ft.
lineal ft. of frontage up to 250
,than 400
sq. ft.
ft. long
RD
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
is less
ft. of frontage up to 150 sq. ft.
lineal ft. of frontage up to 200
than 400
sq. ft.
ft. long
...........................
...... ._..-._. ....... ........................... ............................
Frontage
1 sq. ft. of sign area per lineal
1-1/2 sq. ft. of sign area per
j
is more
ft. of frontage up to 200 sq. ft.
lineal ft. of frontage up to 250
Lthan 400
sq. ft.
ong
M-1
Table 8-2. Maximum Sign Area
Freestanding and Projecting Signs
ZONING DISTRICT Sign is set mback 15 ft. or Sign ismset back 15 ft. or WALL FREEWAYmm
less from required right -of- more from required right -of- SIGNS SIGNS
way way
M-2 1-1/2 sq. ft. of sign area per
1 sq. ft. of sign area per lineal
lineal ft. of frontage up to 150
ft. of frontage up to 100 sq. ft.
sq. ft.
MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE
Table 8-3. Sign Height and Setbacks
ZONING DISTRICTS
M- M-
SIGN STANDARDS SR RA R-2 R-3 B-1 HB 13-2 SCCLCC CBD GC I AS RD 1 2
MAXIMUM SIGN HEIGHT
Freestandingi
Sign is set
5 ft.
10 ft.
15
30 ft.
30 ft.
'30 ft.
30 ft.
back 15 feet
ft.
or less from
required
right-of-way
Sign is set
10 ft.
15 ft.
20
35 ft.
40 ft.
30 ft.
40 ft.
back more
ft.
than 15 feet
from required'
right-of-way
Projecting
Not permitted2
See YMC
15.08.080
1,
Wall
1,Top
of wall
to which
attached
(YMC 15.08 j 0
Table 8-3. Sign Height and Setbacks
ZONING DISTRICTS
M- M_
SIGN STANDARDS �SR R-1 IR' -2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD 1 2
2. Fascia 2. Horizontal and vertical limits of fascia board to which
attached (YMC 15.08.105)
Freeway Where permitted: 70 ft.
SETBACKS
Minimum front yard Edge of right-of-way
setbacks
Minimum side yard Required setback standards for each zoning district (Table 5-1)
setbacks
Notes:
1 YMC 15.08.140 has special freestanding sign provisions for multiple -building complexes and multiple -tenant buildings.
2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall. (See
Table 8-2.)
rgd 21.,5.aa ....1..(Fxi
15.08.070 General provisions.
All signs uroiujdirvoxu,u Quad turououwgfy sure,, shall comply with the following provisions:
A. Construction shall satisfy the requirements of the building code_' ,Lif pnru"°xsai�u aOt
manutactuued of duu,albze materials that withstand the effects,p,.w��tt�r ga0 wuuit� ���ri 1� � rr��A(��(,td� � AVowvl w°�t
f ^ .girr' rr!' ttnts�
1, Pat e. -r --faced ccci s'i r!� if q�j dinc !, < t :..,.p for u�d t nose aqi y ith ices yos are not
CVf w d Canvas of, yV a_qLl,rvp ustmd r 4 urabfa and,
B. Except for temporary signs, all signs shall bapermanently attached boabuilding
or the ground;
C. Signs attached to a building shall not exceed the height of the building, except under the provisions of
YMC15JI8.08Ul1)and15.0D.09D
D. All signs shall comply with the setback requirements in Table 8-3, except when the side or rear yard is a
street frontage, then the front setback shall apply;
E.!Lighting directed on orinternal ho
any sign shall be shaded, screened, or directed so that the light's intensity or brightness shall not adversely
affect neighboring property ormotor vehicle safety;
F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner;
G. The ratio of the area of the sign support, framing structure, and/or other decorative features which contain
no written or advertising copy to the sign cabinet shall not be greater than 1: 1;
�fl. No shall be placed in the clear viewtriamgl
establishedinYMC15.D5.I40; and
-.UPrMMM-.Q cfinn 15,C)8.075 aAny exterior lighting must be
shielded and directed away from adjoining streets cxresidential uses,
@ art � gra r i rr< reel % Lip1st f��� ��r �a a� k 6pa� Pau��ln '�" QED i � I� �� artnient after ��u �ro ��b
m �...._.... � -g . e ... ...s�. m � ...me .n m e _��..... . �....... ..t.... ... _ ....... �m
wfli he discarded and/or destra
1mm,,t Sii ,aVt gid vqt&butti @u,maeyla#i# f the a ra._rwtna,..a t&�a_aW�ttttt9.
ta,a� ..,; a�t;,�.��r.n'a'^t� ...t•�p ��-tw�r�t_.. V.•a�.~;,�tt��t.
General. bra 11 No tr qa a °� t ... a G� a a u b , Mu.�a�"inate ...IN . I s. locatt in
ed
4 11 f,n q�I adP 61'ill l G q II � � a a a & a q a qti q"a~w
a°"qa hgjja�o �Wurninated or..:MUMinated as necessffyjqallowabq l ital
tin aasi rraweid��aau1��Aa�iialm�apE uotaLip
, Gmq:
fliuminatecL, i e t rnai indirect Muaua inatlion�aral�,F,LApeqffied.
B . 1 arra li uliva uN aril'Signs.
"i . wwtern alirninatem i�����w�pn iri ull�
HllUirniri at n!y a u m ry� ",.. p p uu a i . gk � aA fight sources directeld agigly. aiL
WiHIOUt C aUsjnIg,J if�.....,i M. au ;l i u�LshaH ensure Ulat.the_iwn air p� �u� �ours not Osiblie
L:)tv.ga. ... II ...izremises mand.....h...11....ensure_ that Q til r..I{uirce is not ilib II,a ajc9
aararau,ma�s ......_�:.............:.. . .eir ensure. r tV°a �ilhe �G �t �i .......................... rntaiid.Wthi�°� the �i a� �� � �.
.:.:...............: ».. u a shall ....� aa�....�...___._....... �..._.. _�.
___ Awfigbt (!AgLe r........................................................r>Ilk l lie..§ � j a°n � jList 1lle- v tLi its I1,,)o Ln
of the Ught Wure is fi t'n Irad
�a q lrllaa�a � eau o�a,a Ilaa� o u p IT li u�
is Ilocated no tali heir thain
tt�e, tgp. �9 ftp qL(j!,j f ace. xtures aimed and instaHed 41 this fashion shall be considered
C. Iii�)terl'tall�LiLl,k,�riii�'lated si ns.
I.nte. agU ullllu ,u y i t c uc u p H be constructed.... with an mm u u c m and
m
tran ll�.0 i°it text and yu°�glbci . if tii igii wi°i r desiir s t�amIT�iave tl"� imtiir IT 2 tach yii ilbl t
¢SIT iiL12L, TLe.!�Ie sG, L, sub t to this Ili �t u�
2.In ....i mit i� iinternallly��umiwn t � iru i it 11 iu u� �aii� iii ie agL
c [igLiit.tib dw of 50nks in a r i t,�ntiM„n �Caxpw. !a or 00 nRsmiwn amnn.,
residentiall iii tirii � i u t trim �uci�a
�,....., 3 ici i ti i qww u° w 11 and ISO w 11
- i s u� a u U ai in n not exceed
1010 mita t t:. � tr�.�
II ,... .imewllwi.mitabons. AH Gllllaunii!igt Irk y IL tr Q gc . r feet in rMe. to ll be, ti.uirn
ga fi Iqy 00- viii i i� n the business cio es wQmtiichev ir..0 .jt r.. SS tI§..§g�jI cLIp ui°L
firnitaflons arelt i ar c tt i ITfunctionklan op, .��_ � ta� ted l.il t i d �,&�iw V ff hipe " ,
��..�..._i1���P i� .......�..d° i IPitaa �t �, ii ill � r v pit �i t q t at ug derecfl r; i
n over 5 ro ectio r right-of-way....,
Projecting and freestanding signs shall comply with the following provisions:
1. No more than one-third of the height of any projecting sign shall exceed the height of the building to
which it is attached.
2. All signs projecting over the public right-of-way shall conform to the following standards and obtain a;
u i 1 t r?E ay y qi rkA a ft_gra r YMQ 820:
Clearance
Above Grade
Maximum Projection
Less than 8 feet
Not permitted
8 feet to 9 feet
1 foot
9 feet to 10 feet
2 feet
Over 10 feet
2/3 the distance from building to
curb line or a maximum of 10
feet
.................................„No sign shall project within two feet of the curb line.
j�uw iiia„ rl hafl
15.08.090 Roof suns.
All roof signs shall comply with the following provisions:
1. Roof signs shall be constructed upon the roof of a building.
2. Roof signs shall be integrated into the roof system of an existing building, or be erected so as to
appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the
building itself.
3. Roof signs must not exceed the maximum allowable height of the building within the district in which
it is located.
4. All roof signs shall be installed or erected in such a manner that there is no visible support structure.
�'”+d': �;�1�ri������ ��u�t.�:�m/� �'��rt).�..������ur�2���t t�...9 ��r�t�)•a4.8-�d• •4 �,t .1�..�°�rt)�,�°'t�g3f).�.
15.08.100 Wall signs.
All wall signs shall conform to the following provisions:
1. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project
more than twelve inches from the wall.
2. The number of wall signs is not regulated; provided, the total area of the wall sign(s) may not
exceed the area of the wall to which attached.
3. Wall signs shall not extend above the height of the wall to which attached.
4. Marquee/Display Case Signs.
a. Marquee/display case signs shall have:
i. A changeable copy area where characters, letters, or illustrations can be changed or
rearranged without altering the face or the surface of the sign;
ii. The sign face shall be made of a translucent durable material;
iii. The sign cabinet/display case shall be lockable and capable of preserving the sign
material inside from the elements. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1
(part), 2008: Ord. 93-81 § 38, 1993: Ord. 2947 § 1 (part), 1986).
15.08.105 Fascia signs.,
A fascia sign is a sign which is attached to the fascia board of an existing building's roof structure..
1. Fascia signs may be painted upon, attached flat to, or pinned/projecting from the fascia board, but
shall not project more than twelve inches from the fascia board.
2. The number of fascia signs is not regulated; provided, the total area of the sign(s) may not exceed
the area of the fascia board to which it is attached.
3. Fascia signs shall not extend beyond the horizontal and vertical limits of the fascia board to which it
is attached (Orth- 0b 1.5 Of,
�npgrary! signs. _..... .
1„5 08.110 "N""si , x.. .... _. ....
revIe a ,I2,r ter 1122uµffy... 4I ,_ All temporary signs shall conform to the following:
A.A. No temporary sign shall be placed in a required parking space, driveway, or clearview triangle,
D.P.. No temporary sign maybe placed
2f p;pr _ ��a R;..Lg (Ila Cit ruc.t��(; of -wad) �rrdess in
p2,t"mt gjq on v6th girth a1�pEQMr 2� r m B ym2�n�_i� rrrrN� to L1 t������d �,I, t�m2��U� I or thef t� u`gilsslon fron'i the
itr..
C– ca_l ,a m)m 02Iifl mb . IW ,rmf mii f the rraadwcI y:..
Ca . Il mi 1 tl _E y.. al On..�iGi !� �d�..Vb�jV 4�.. �. pyj, 1YlL"«” outside the !ro gt ' VI1xk�Vw � t�Wp1l�l ��qth the fool ,
ftg.gJIrelrnpir; t4f.::.
1. Location, Allowed orfll lfetw cirf ttfo JPjMgIqYJbP arffl tllrir:: Iback of the new cst cuirb cir wllmeire
ate f r�r p t , j wwf r t u _�f w a rrl q�r°uasW fa c iflbpe nearest e 2 ,,,oi !P p„2 r r rr c � �rt Af. rff "/.,.notwb
tfla—ca rt (Lo -t wat w1 11 n L rj. orf r1r f2nf ?.twtu g g f a sl fm dgm rt r MgLi( L-11 f_ma,win of
c21,�ftp�dc�tattt� rr"z rim u�,a�tfjm pf!F y wd;�o �arfrfr��',�,..
2, Apgoyg S
1��pf ing anStQAiIL�Li reqq'red,
!� . _L__ _ --- --
fl').at m n bg.MaL 'ed inlo,ftile und are alilowed All
_j_pg�hed or haryung
.............
e it uro ess s)'ecificaal ana a d,ed b a 6g.ttL-gf-- y,.ce ��t p
. . ............ . __Siq!M,�ig,,RrNted to fguL(jL .i r 'L�L the
q,q,gq[!jeet total and three,,Q _j �j� gh!,jiroirn q[ggn� 1
s
!-he htatr yah t new
Any telITIJ, yjg!j lilt» theriM. 3 that lig shafl Ibe rgmoved to
6 11 .. t.i.e..��Lggy.gllowolLhicrs,igu2�irlaCity...iiwig!� �.ywitl'-u ht--0f-)y.,2y use iern2ft.
E ResWenflal on s, Tg�))p , n
9 _gjrify �jig� may 1;�g�@ g gjj(�p y . ed in acmdance
.Zq
W101
thSegfign, and th...... . e Utawqu,
. . —ML
1, __0ne temrLg[@,Ly gW 'jq'i , @,,LLeg denfial unft Howed,
_5 . L_11 ? i -9,A-
2 .Ht eeMaviltr
ns jng u f I�j �iLqlgq!'I
g 'jg'
-p[CI mIfl as WOWS,
.._II m troll residential zonesLe ip , ty hatl not exceed four
-Lj-_ggA_ J_
ggvi r e to T- o� t mounted nL nq gLLgg,
qt as feet in hei, n is post niounted
_Lp sizpprid flyr
qhL�f U'�
iliumJ��tit LLhp�jgi is s�ge_-rripu_n__dj or.1qLL e,
............... 1111-1 11TWIti fairrifly E
y
]gjng �,igns sha�P.Ljgj.exceed six
�gkjare feet an size and five feet ince
j MqgUi qd �M �tv grgqgd, m d not to exed
Gil
three feet in h6cliat K the si D-MOL"'ited Or
3
Gurb 4Lm, , (.0 ther-baiTier-
F. Noin-residentiaR zoines,
pre allowed in non re,,.-.,,deirnfial zones in accordarice
. .........
with the reauiremenls calf this, section an(J the foflowi
I, Window sfj
of the window area.
. ..........
yLg "i ns inaLxiLf Limult la sigflAgLCtjuagLttd tri' fOUr
.5quarefeet and We fejt nn _heig.11tif tjie,j.,rrgpgggry..,,a ourited in the. t k(IC gyij(
&L�s 4.jiat to exceed
three feet;_ttli e
n h Sla '-M
urfa'n a¢Me
!
Ar.Lqp,re feet n
ad mui bejzi ��N , a xed_LQffqL_jj
sLjq
.1,,- 11111-111--11-1 S -. --h
—
fait he a uJinq !,,p�jacing �nward to the s,t, bject sute,
--I---'—_jfa,�_, -b� Lr.g!�pg -- - - � � - the — --
G, er tarn rw m it- 9QnJ a-
eutherresidenhall or non -residentiall zo 'd)fallg!�Qjhari
lwoj
�'.wrea ma 0 f- X qg a 0 'Ll t f P- LaLg� Cr)
.ML
9-r!"LE!LI. LC' LULa-i_g L�gj�Lpf 2L adQio t
S Lu li�s W. n o
with o' be in
4. No -A temporary sign shall -fqWjevi,<Iaysbe j2KLvVj?!t,yriatnwLvp
after the, event
for which it is intended. (Orfl-, 2,016-007-§4
15-08JIS tW'alkers
gi Ac Ikers aire aHowed _ct ft) )Mu Ln q s La n d ald s'
L 1� . .... .......................... . .
A Peiriimft, 6p'e_
graflt Is not rggE.@
_qft'ed for a sl
_M,i wal]<er b A tllu Ali rt a lkers�I�iiall
!��i , I uirernents of this Chanfor
l:::�'Nurnber. No Hrn�t.
= .... ............. I --
C. Area I Tlyq, ,,iq iMplshall nof exqec-�dLe.
shall rIt-exceed e 3 1
gin I e
D, Zoine, qjg.L� wa ._rq pp gjqtt qLjjyj n in o n iresidential zoines,
_pqC ........ ..
in s wa ker § 9 l2 shalHl not �be !Hurnlnated. Si kqLr§L,��Ijig
--A. k qj_ _ _llqq
firnited to the 1hou,urs frorn dawrii unfil dusk, A s al er si iu a 'aunnot if'ICIUde
f a -R,)ed in Section 15.08.050.
.fM_e�ernent of a ........................... .
F L c i I, Sn walkers,res
are tricted to a mjn�mum of fiftee 1, )jt LtIftgni a
_Lq. .... .....
st.r.eei o.ii- drivewgy uintejrsecfion, nipasured wflrorn the edg._of the cuirb aIb�u�tuuro ' jh
_q
roa. dway_2L ednp_ ated in
On a lypq.�p_p oppL of --K - gq & jy_ I --- t_.- E qg'I j5jj i
walkei"s are aflo,pj,,LPinsidewa
Z ltd ; fjgLKi uq aisles or staH
3:.......................'ruwrur: q_Lj 'r .
4. Ones
�.�..mm........... .........f..ences rlusboulders filitfguW
or r thertructum -. or
5. Un a location pair it anner that reSU S cul Ir, S u �x� � �� ��a��Vq�uu�� � u�uY�il�
nri'w mn'u ror i t W tr!gnr is Mfg t&
-
1,5.108.1,20, irectiona aims•11,
�� o. , .����. ....�....�.....
A. On -Premises Directional Signs. On -premises directional signs readable from the public right-of-way may
be permitted in accordance with Table 8-1. On -premises directional signs may contain both directions and the
business name or logo, provided the business name or logo shall not exceed fifty percent of the sign area. All
on -premises directional signs shall meet the general provisions of this section, and shall not exceed ten square
feet per sign face.
B. Off -Premises Directional Signs. Off -premises directional signs are permitted where indicated in
YMC 15.08.130(B); provided, that:
1. Each use located in a district where off -premises directional signs are allowed is permitted one off -
premises directional sign;
2. The off -premises sign contains only directional information and does not exceed thirty-two square
feet in area nor twenty-five feet in height;
3. The off -premises signs are permanently installed on private property;
4. Only one off -premises sign is permitted on a parcel. (""urd 2046 0 ...a I
2G08-46 §-1. ( 4't)„...200...
16.08 .126 Tra r°e
"T'raflered .j'. as as defined in section, 15,08,020 a G p
15.08.130Off- prerr���� 1.
ns aInd bi I .....oar s._„
A. Billboards are:
1. Class (1) uses in the M-1 and M-2 districts; and
2. Class (2) uses in the CBD, GC, and RD districts.
B. Billboards may be permitted in these districts after the required level of review, provided they meet the
provisions of this chapter and all of the following criteria:
1. The maximum sign area does not exceed three hundred square feet per sign face;
2. There is no more than one product displayed per sign face;
3. There are no side-by-side panels, it der l!jqq�a aw )A Ly q,f, yftma)r� i y;
4. Required front yard setbacks are met;
5. Billboards between a one -hundred -fifty- and three -hundred -foot radius of a residential district shall
be restricted to one hundred sixty square feet per sign face and may not be lighted;
6. No billboard shall be located within one hundred fifty feet of a residential district;
7. The billboard is not within five hundred lineal feet of another billboard having the same street
frontage;
8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in
Table 8-3;
9. The total number of combined freestanding signs, off -premises signs and billboards does not
exceed the number of freestanding signs allowed for the property.
C. Off -premises signs are:
1. Class (1) uses in the M-1 and M-2 districts;
2. Class (2) uses in the B-2, CBD, GC, and RD districts.
Off -premises signs may be permitted in these districts after the required level of review, provided they
meet the provisions of this chapter and the specific standards for the district in which they are located.
(turd 46s t (•xt�. (ar't), 1ta; O�tftwC-k,4 (pa), tCd:trrl f3f1'•„....Vt9
7 - t.._(pafl,) 1986)-,
A. Maximum size. The rnaxJrnum size of tall si i
_J5 I�gLq feet.
ilt,v, Tiep pn�,j i g, s j n �'Le �_q!L 00 feet uhf re
et et frontN�L
C, Zo
............... 1111111"Rl _ id only -,QsdentW zonies.
,r,�4E L ..s�.qns are aHowe , jt �!2�i
,,
D, M.axirnurn lurnNgariqe for i' all an IIS oine hundred t!L
—._I jQQjj2L
'::1 �LqLi§ LT�.py...t�ave no motions otheir than.the cha e of the rnes
= . . .. ...... LC% ave -- - ................ � .............. .. ...
�F, he rninlhrnurn hold between r
_M seconds.
& To ensure that.a.d , i al rmtned and coinfinues to Derate accor
. .... . .... . ..... . . . ... . ...... . ..... .
�jgfgj
standards.,�wj,jtgLtiqns shafl be de!,iAkLip
_Ld forNuhn al on-sfte qontro� and.p_lg,
15.08.140 Multiple -building complexes and Multiple -tenant buildings.
A. Purpose. The following provisions shall apply to multiple -building complexes and multiple -tenant buildings
in the SCC, LCC, GC, and RD districts.
B. Number of Freestanding Signs or Porlabl1e.Garro .. Each multiple -building complex shall be allowed one
freestanding L�i (ppL4 i &e sign on each street frontage in accordance with Table 8-2. When the street frontage is
longer than four hundred feet:
1. One additional freestanding pLr,,p, pi li... sign shall be permitted for each additional four hundred feet
of street frontage or part thereof; or
2. A single, larger freestanding q�r,pt.sign can be erected in accordance with Table 8-2.
If option 1, as set forth in subsection (13)(1) of this section, is selected, no freestanding_qLjL�VEL �,,t sign shall be
placed closer than two hundred feet to any other freestanding ..gL,p
,�jjLtg e sign or exceed the standards in Table
8-2. These provisions shall also apply to each multiple -tenant building, unless it is a part of a multiple -building
complex.
The allowable freestanding_gE p.,.l�y2
pg sign(s) may be used to advertise one or more of the uses in the
multiple -building complex or multiple -tenant building.
16.08.150 Freeway signs.
A. Purpose. The purpose of this section is to permit holels,/rn,otats,, stations -and tf-'uM.
starwk s- p�mr��r�orrw�aV psta lishmefIt near the freeway a larger on -premises sign to inform freeway travelers of
their services.
B. Location. A freeway sign may be used to substitute an allowable freestanding sign where there is more
than one street frontage, when the use:
Has frontage on Nob Hill Blvd., Yakima Avenue, Terrace Heights Drive, North 1st Street, North 16th
Avenue, or North 40th Avenue and all or a portion of the lot is within one thousand feet of a freeway
interchange; or
2. Is within two hundred fifty feet of the freeway right-of-way.
C. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple -building complex
or for each development, whichever is more restrictive.
D. Uses with Only One Frontage. Uses within the area described in subsection B of this section with only one
street frontage may install a freeway sign in addition to the permitted freestanding sign.
Sign Height. The maximum height for freeway signs is shown in Table 8-3. Graf,-xh,r-
(part; ,r -24)4b— Ord-. , r 9 t i aart ig8f .,
15,08,11 il,,,r�,mirta l lii nlc%
the fdlow�,ng sta n f, .-
bl aignga,we akwed'Mly in non-msdglflal zones, except [tie tern
...
pa( @ m w , rr8 VI' m residenfial rte m r� a mml8 �mtai iim mir jn Section 15..D ... 10.
B, it n nd Mat wijaw ..._Portabfle s�_ql rrnru t i)e a a� Pith unn� it� mateda Is,
other -wise tl-iev viii be re gi ted as torn
must e.desi_ ned to withstand vin d' and indu d a @w �� i�r� ���a�id°�L ..�r� a�ir�i� (
and a hLe w we , ��� �� i� _betwer��.th r��aµ� Mes of sandwich ��a ia .�!;.. ,i nm�
nn�ww� iwrn tw,be Gl LJM�nated,
C. Slit- acid I lei II t, Portai)lIe Si ns ahallll be a n°ia iirnurn of four feet uiri height and rria limuaurn
thiree feet un width,
I:) .. I uu'>iaber..... INot ri"aore tIhainm t
f° ...... ..I fLot,,1..§ a�dire fe,,et.of.:the ��r�ui� lLle ,� n haH neat exceed t Lqy � � �r� the
event two uii ani 'u.
E. a afin. Pori dd jrig in�a � duiciiIT �i !i iri a
Idiu Ni dun nri �, iu l Q u m a r r aup groes r �" ant in�c. yin i�ii� �u:� u� i�i�a
m �m, . m.. .
Vocated..!not fartf i r tharl terl. _. _m_ fit turn h s� e' !ri i" ri umi un r ,rj gn r n� �
w�ocate,dW onw ,i . C!!y [a�w Y ¢ 6 u lric id i the sod t wit r1gj]jmm�.j". �_ a� !L m� �
�._
r �iLh, .;
f,..,.w., .w. �"�i � i ".Flou rs.""""""Port Portable i� �r°i�°9u.�n d�wi ���unu����: .. r� ��pa�a�,n s uw1112Pwd�u gq
�jg(�aigj?j,,!siness cium,a��
1 .08.16 Y Leg Nonconforming signs��inf u n i f,gMIRemoval of si ns an
Enf rcem n of this------------------------
,,,, miuf.rriuruq_�i, µAi��u�twj lawfully existing under all codes and ordinances in effect at the
time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming
sign so long as it remains otherwise lawful; provided, that:
J.A. No sign shall be changed in any manner that increases its noncompliance with the provisions of
this title; and
;-4. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the
sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to
restrict normal structural repair and maintenance; and
3.4 . The sign is not a hazardous or abandoned sign,.3j'id....(Orel 20'14-007§4
04-2008-463-§. B t a.#
...##j.�:."�� ini ssnn of .I:Lg p�i , �� ni�„_t ,Y21 ry On �)r nw �d�"«t,�l a i.
,..... Maintenance of siflf F�t iS aMaMawf ulwfor r� r��rror; r dal r cc�t Rr qQ, dr ��, ma f
luq uYa # ,, ul pa na nryw n w rin u # rry i w 1 ��dr9 i tiu ti Au cl ,kr (,i naafi � k ,m utlmt u7i Ant 'ice u y ,gg p "i
Gtd IaaanBntpu'maa&cluny e „par i wd n f,un V r „wyg to t t Vmu do tgn nnua utAnd crandup.pnr yc i ins of th� ode z3�TM u�p
t Nadmmrr f c s pgb[tq.p� )��g �.d `dAAur dr ,� . Lin %d lat���..shaH hewWr�u�M 4li in�L' by the ti�rnNa� nen Failure to mr��ainfain !.
u pwu twl�ut s vi l bon of this c ha u; nsuc�m�Vµ� VV' �LIIeLcj.JsL r���nr ndtg yt g
( l r MM of si9Lia,.IkLkyjLqgignt and/or uniused.si n ,�fpg� it Miruc1,,,„.pc jp�pu pa�nprmdafnpnntsV dd
tgnd yVn10are c ndG� nnt:flyeruct..4.1.. f k a c,s a;wp cta m kf irnmeidiated w ,c V�aOiwµa NfMmdr7 ay d �sf f tdui,c t_j,
the rem drad_laV _Nave '�'�h� auft5,AfdlywL@ re ll�� nnu� ur w����su°���ru�u�a e* �aaIT
frr rty i,{t V my MLi od tgnI wtrrx rrrr yet ich...has Idd anafu d nt�aftategf pd d pry e r7iP� �a_Itazadd jomthaaq„ty, Mp kiI:Ll.
i ..Y12[p
$1o,n of h1e .,.gviiSOlks of Iiis�1�1pL & a BV���9%a°�?„cV�,C Q6 i.%q. ��7
YMC 15.25.
15.08.170 Admmistrativ a g allowed
... ards
e ustment of si n stand
A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or
more of the sign design standards of this chapter is proposed or when required as part of a detailed sign plan.
The comprehensive design plan shall include a narrative and site plan, including but not limited to the following:
1. Site plan which includes the physical components of the sign including sign size, height, shape,
color, location and associated landscaping;
2. A description of how the sign relates to the immediate surroundings, including existing and proposed
structures, other signs, neighboring land uses and the character of the zoning district;
3. An explanation of why the existing sign standards are not adequate and require adjustment; and
4. For multiple -tenant buildings and multiple -building complexes, a description of how the available
sign area will be allocated between tenants or leasable spaces.
6 Adirrii@"4tlmstrafiv �C�llk �dYd����w �P�� °r�i n Luca ion, hv !o„ ild
@ nt td� ;t,rt fr i ajlu fT Nqt ld ?rtc�nn u” d log ��tion s not offietwise authorized n��ny R�f� Vd�wpO w �8�� n f1USt kg all
diinintsilir it end UStment haHpcntaN n the (0iiowi fg.
t.... rVc..,ptnr _wuV t ;ir drag tutf tt c.V'tlay Mwd Y r cr tf .rear rdt ct tt r a� kd Nur tmuud tmsn�c',u si f tie g1b
faa
pt r N d _@nassocial d i nd,
,...A afp�sr�lgtupri app the ii( n relates to the lirnmediat s�uiruou.uu�¢� Iq,,, ....�uq� IIa� R��¢� ,��xR tn�q m �o� � �'. .
�ffN l@Y ti q dea , 1C 1%" N 74 qIG 4 � 914 m , a, gtitl RV: S q"rck "N �k µ , gY-9 I q# c'wq��!
ar ftRm ur q s I j r Ly,lt a s; 4;tn 0m lr1 rp �R uo w to npr R dr pl p� @ In �r�. Ld a u�sl[mr n
CD. Review Procedures. The administrative official shall review theuu u u l s� rve is f q a ugLL f ge, t for
drn,instrafive LRqjI4FArp.PgIt in accordance with the provisions of YMC Chapter 15.10 and may either approve or
disapprove the plan. The administrative official shall approve the comprehensive design plan and/or
adjustments in the standards of this chapter when heµ t, , rg finds that such approval would be consistent with
the character of the zoning district, compatible with neighboring land uses, and create visual harmony between
the sign, structure, and the site where it is located. The administrative official may also attach conditions to 11,4,s
t,bkapproval in order to accomplish the objectives of this sr oluorr,ul and YMC 15,'R'C Q c r t 2 5m00"7
,.•�t_fwxr-� fl�rt�....21•l�r. rd �1t°11 12�...tr�'Oi..t.,,.r��ad:-;OtD�� ..,; 1•i�ar�j200�..r�,t. 0;�8� .,.2,..10,-��r�f:
x'30. §27,1-98T' Q ..2947. § 1 (graft) 1-986)
15.08.180 Variances.
Except as allowed by YMC 15.08.170, no reduction of the standards in this chapter is allowed except pursuant
to YMC Chapter15.21. ;1r' t: � 10tt7m .�1 � .xl .. b jparrtt, 201 f Ord,- 2-947 § I
(Part).; -4086)-'
15.08.190 Violations.
Failure to comply with the provisions of this chapter is a violation and punishable under YMC Chapter 15.25.
mi...,(Par°t.) .80111.j,..