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HomeMy WebLinkAbout1969-1163 A ORDINANCE NO. /%63 AN ORDINANCE relating to zoning; defining terms; designating classes of zones; prescribing use regulations and off - street parking regulations applicable to various zones; creating an RM, Medium Density Residential Zone, and prescribing regulations and requirements therefor; amending Sections 12.08.010, 12.16.010, 12.52.010, 12.56.010 and 12.56.110 of the City of Yakima Municipal Code; and creating and adopting Sections 12.04.301 and 12.04.317, and Chapter 12.18, consisting of Sections 12.18.010, .020, .030 and .040 as a new chapter and new sections of the City of Yakima Municipal Code. WHEREAS, pursuant to its Resolution of Intention to amend Title 12, Zoning, of the City of Yakima Municipal Code, the Planning Commis- sion of the City of Yakima duly held hearings thereon and recommended to the Yakima City Council that Title 12, Zoning, of the City of Yakima Municipal Code be amended as provided hereinbelow, and WHEREAS, pursuant to its public hearing on such recommendation of the Planning Commission, the City Council finds it to be in the 0 best interests of the people of the City of Yakima that Title 12, Zoning, of the City of Yakima Municipal Code, be amended as provided hereinbelow, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 12.08.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "12.08.010 Zone Classes and Symbols. In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the City of Yakima is hereby divided into twelve classes of zones to be known as follows: R -1 One- Family Zone R -2 Two- Family Zone RM Medium Density Residential Zone R -3 Multiple - Family Zone R -4 Suburban Residence Zone B -1 Modified Business Zone B -2 Local Business Zone B -3 General Business Zone M -1 Light Industrial Zone M -2 Heavy Industrial Zone M -3 Airport Industrial Zone PD Planned Development Zone" 1 ' Section 2. Section 12.16.010 of the City of Yakima Municipal Code iS hereby amended to read as follows: "12.16.010 Use Regulations. In an R -2 Zone, no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject to provisions of Chapter 12.56 governing off- street park- ing requirements. In an R -2 Zone, the following uses only are permitted: (1) Any use permitted in an R -1 Zone, provided that non - residential uses shall be subject to the requirements and the standards as specified for the same uses in an R -1 Zone. (2) Two - family dwellings. (3) Multiple- family dwellings containing not more than six (6) dwelling units may be allowed by Special Permit if approved by the City Planning Commission, after public hear- ing, in areas where it can be clearly shown that such development will not cause a deterioration of the neighbor- hood, will not overburden the streets and public utilities, and will not create influences which will be detrimental to the residents in the districts. The Planning Commission shall consider such items as the width of the adjacent streets, existing and projected traffic volumes in the neighborhood and the general design of structures, parking areas and grounds in reviewing each application. Each multiple- family dwelling shall have a minimum lot area of 7,000 square feet and contain a lot area of twenty -five hundred (2,500) square feet per dwelling unit. The minimum side yards required shall be the same as those required for multi- family dwellings in Chapter 12.18 of this ordinance. The Planning Commission shall impose any conditions deemed necessary to protect the surrounding properties from detri- mental affects which could be caused by the proposed develop- ment. Complete plans showing elevations and locations on the lot must be submitted to the Planning Commission. (4) Special property uses specifically allowed in an R -2 Zone." Section 3. Section 12.52.010 of the City of Yakima Municipal is hereby amended to read as follows: "12.52.010 Use Regulations. All of the following uses and all matters directly related thereto are declared to be uses • possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a Special Property Use Permit by. the Board of Adjustment, provided that Special Property Use Per- mits may not be granted for a use in a zone from which it is specifically excluded. Special Property Use Permits may contain conditional limitations. - 2 - (1) Auto trailer courts provided that these uses shall be specifically excluded from the R -1, R -2, RM, R -3, B -1, M -2 and M -3 Zones, and further provided that the following requirements are met: a. Access to such use shall only be from a primary or secondary state highway, except those courts whose service is for permanent, rather than transient clientele. • b. Each unit shall face or abut on a driveway of not less than ten (10) feet in width having unobstruc- ted access to the street. Such drive shall be paved or otherwise surfaced as to eliminate dust and mud. c. All external boundaries abutting any "R" Zone shall be effectively sight screened by a tight fence or by a combination of fencing and landscaping. d. No trailer, as defined in Section 12.04.375 of this title, shall be used for residential, living or sleeping purposes in any place other than an auto trailer court which has been regularly approved and licensed under the ordinance of the City of Yakima. (2) Cemeteries, provided that such uses shall be specifically excluded from the B -1, B -2, B -3, M -1 and M -2 Zones, and further provided that the following requirements are met: a. External boundaries of a cemetery shall be devoted • to the planting of sight obscuring trees and shrubs. b. No plot within a cemetery shall lie closer than ten (10) feet to any lot line. (3) Columbaria, crematories and mausoleums, provided such uses shall be specifically excluded from the "R" Zones, unless inside of a cemetery. (4) Fraternal organizations, lodges, grange halls and clubs, except those the chief activity of which is a service customarily carried on as a business, provided that such uses shall be specifically excluded from the R -1 and R -2 Zones. (5) Hospitals, sanitariums, nursing homes and insti- tutions for philanthropic and eleemosynary uses, other than correction, provided that these uses shall be specifically excluded from the R -1 and R -2 Zones. (6) Public buildings including police stations, fire stations, art galleries, museums and libraries. (7) Public utilities or utilities operated by mutual agencies consisting of water wells, electrical subation gas metering stations, power booster or conversion p s, within the necessary buildings, apparatus or appurtenances thereto, but not including distribution mains, provided that these uses shall be allowed in an M -2 Zone without review. (8) Radio and television broadcasting stations and transmitters provided that such uses shall be specifically excluded from the R -1, R -2 and RM Zones. - 3 - (9) Sewage disposal or treatment plants provided these uses shall be specifically excluded from the R -1, R -2, RM, R -3, B -1, B -2, and B -3 Zones. (10) Drive -in- theaters provided that such uses shall be specifically excluded from the R -1, R -2, RM, R -3, and B -1 Zones. (11) 'Animal hospitals and kennels provided that such . uses shall be specifically excluded from the R -1, R -2, RM, and R -3 Zones." Section 4. Section 12.56.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "12.56.010 Duty to Provide and Maintain Off- street Parking Areas. For any new building, or structure, or addition thereto, hereafter erected within the City of Yakima, there shall be established and maintained a permanent, dust free, off - street parking area within five hundred feet of the building or struc- ture. Such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building or structure that such facility is required to serve. The capacity of . such parking area shall be as follows, to the following uses: Multiple dwellings 145 parking spaces for each dwelling unit Rooming and lodging houses, 1 parking space for each three • fraternity and sorority occupants houses Hotels 2 parking spaces for each three bedrooms Auto and trailer courts 1 parking space for each sleeping unit, and /or 1 parking space for each trailer space Hospitals, sanitariums, con- 1 parking space for each five valescent homes, nursing regular beds plus 1 for every two homes and rest homes employees with a minimum of 2 spaces Churches, mortuaries, 1 parking space for each five seats funeral homes in the chapel or nave Stadiums, sports arenas, 1 parking space for each five seats auditoriums and other places of assembly with fixed seats Dance halls, exhibition 1 parking space for each seventy- 41 1 halls and other places of five square feet of gross floor assembly with fixed seats area Skating rinks and other 1 parking space for each one hun- commercial recreation places dred square feet of gross floor area Bowling alleys 5 parking spaces for each alley - 4 - Schools: Elementary and junior high 1 parking space for each employee Senior high schools 2 parking spaces for each employee Colleges 3 parking spaces for each employee Theaters 1 parking space for each six seats • Medical and dental. clinics 1 parking space for each two hundred square feet of gross floor area Banks, business and profes- 1 parking space for each two hundred sional offices square feet of gross floor area Restaurants, taverns and any 1 parking space for each one hundred establishment for the sale square feet of gross floor area and consumption on the premises of food, alcoholic beverages or refreshments Retail stores, except as otherwise specified: Having not more than seven 1 parking space for each three thousand square feet of hundred square feet of gross floor gross floor area area Having more than seven 1 parking space for each one thousand square feet of hundred fifty square feet of gross gross floor area floor area in excess of seven thousand square feet Furniture, appliance, hard- 1 parking space for each six, hundred ware and clothing stores, square feet of gross floor area service or personal service shops Wholesale stores, warehouses 1 parking space for each two ' and storage buildings, motor employees vehicle or machinery sales Manufacturing uses, including 1 parking space for each three research and testing labora- employees based on the maximum tories, creameries, soft working shift" drink bottling establishments, bakeries, canneries, printing and engraving shops Section 5. Section 12.56.110 of the City of Yakima Municipal Code is hereby amended to read as follows: "12.56.110 Off- street Parking in RM, and R -3 Zones. Here- after any off - street parking facilities established in an RM or R -3 Zone or on a lot adjacent to a lot in an RM or R -3 Zone which adjacent lot is zoned other than R -1 or R -2 shall be developed in accordance with the following requirements: (1) The renting of parking spaces shall be prohibited. (2) Any lighting used to illuminate such parking area shall be arranged as to reflect the light away from the ad- joining residential premises. - 5 - (3) When such a parking area is located in a RM or R -3 Zone, screening by a tight fence at least four feet in height, by landscaping of such height, or by a combination of fenc- ing and landscaping of such height, shall be provided and maintained along the property lines which adjoin all other lots. Such parking areas may be surfaced to the property lines. (4) All parking areas shall be paved or otherwise sur- faced to eliminate dust and mud, and adequate on -site drain- age shall be provided. (5) Suitable curbs or bumper guards shall be installed to prevent vehicles from being parked so as to encroach on adjoining private property, public sidewalks or street or alley rights -of -way in violation of this section, and to prevent obstructions to view at intersecting streets. (6) Parking facilities shall be so arranged as not to use any part of adjoining public sidewalks or street or alley rights -of -way in conducting parking operations, except for ingress and egress; provided, however, that if a public side- walk adjoins the lot on which the parking area is located, the Board of Adjustment may permit the area between the lot and the inner edge of the sidewalk, or any portion of the area to be surfaced and used for parking." Section 6. Section 12.04.301 is hereby created and adopted as a new section of the City of Yakima Municipal Code and shall read as follows: "12.04.301 Outdoor Living Area. Outdoor Living Area shall mean an on -site area of laan, garden court, patio, pool or balcony in addition to the required yard area, off - street parking areas, driveways, service areas or areas of unusable slope." Section 7. Section 12.04.317 is hereby created and adopted as a new section of the City of Yakima Municipal Code and shall read as follows: '12.04.317 Retirement Home. Retirement Home shall mean an establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are unable or choose not to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of tem- porary illness and in which no more than 50% of the dwelling units have kitchen facilities. Nursing, convalescent or rest homes and hospitals or sanitariums shall not be construed to be included in • this definition." Section 8. Chapter 12.18, RM, MEDIUM DENSITY RESIDENTIAL ZONE, is hereby created and adopted as a new chapter of the City of Yakima Municipal Code, which new chapter and its sections shall be numbered and shall read as follows: - 6 - "CHAPTER 12.18 RM, MEDIUM DENSITY RESIDENTIAL ZONE 12.18.010 Purpose. The purpose of the RM Zone is to pro- vide for and protect areas for medium density multiple- family residential development for persons who desire to live in an apartment environment. The zone is designed to be used in areas providing full urban. services. • 12.18.020 Permitted Uses. In an RM Zone, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter, subject . to the provisions of Chapter 12.56 governing off - street parking require- ments. In an RM Zone, the following uses only are permitted: (1) Any use permitted in an R -2 Zone, provided that non- residential uses shall be subject to the requirements and standards as specified for the same uses in an R -1 Zone. (2) Multiple family dwellings. (3) Boarding, lodging and rooming houses. (4) Fraternity, sorority or group student houses. (5) Retirement homes with twenty (20) beds or less, subject to the following conditions: (a) Such homes shall be established and operated in accordance with State laws and standards. • (b) The minimum lot area shall be ten thousand (10,000) square feet. (c) All principal buildings shall be located fifteen (15) feet or more from any other lot in an "R" Zone. (6) Retirement homes with more than twenty (20) beds, subject to the following conditions: (a) Such homes shall be established and operated in accordance with State laws and standards. (b) The minimum lot area per bed shall be five hundred (500) square feet and the minimum lot area shall be ten thousand (10,000) square feet. (c) All principal buildings shall be located thirty (30) feet or more from any other lot in an "R" Zone. • (7) Accessory buildings, including private garages: (a) Accessory buildings shall not occupy more than ten (10) percent of the total area of the lot. (b) Accessory buildings shall not encroach upon the required yard or court of any building on the same lot except that one detached accessory building of not more than seven hundred fifty (750) square feet may be built not closer than five (5) feet from the rear lot - 7 - line and except that a detached accessory building having an area of fifty (50) square feet or less may be located within five (5) feet of a side or rear lot line. (c) On a reversed corner lot an accessory build- ing shall not be erected closer than five (5) feet to the line of any abutting lot to the rear, nor shall it • project beyond the rear line of the required front yard of the abutting lot to the rear. (8) Special property uses specifically allowed in an RM Zone. 12.18.030 Bulk. and Dimensional Regulations. In an RM Zone, the following minimum and maximum requirements shall be met. (1) Minimum Lot Area: 7,000 square feet. (2) Minimum Lot Area Required per Dwelling Unit: 1,800 square feet per dwelling unit. (3) Minimum Lot Width: (a) Minimum lot width at the front building line: 60 feet. (b) Minimum lot width at the street line: 40 feet. • (4) Minimum Yards: (a) Minimum front yard depth: 20 feet (b) Minimum side yard width along interior lot lines: Single and two - family dwellings - -1070 of lot width, provided that such side yard shall not be less than five (5) feet in width and need not exceed eight (8) feet in width. Except, that buildings over one story in height shall provide a side yard of not less than eight (8) feet in width on each side of the building. All other uses - -8 feet plus 1 foot for every 5 feet of building height. (c) Minimum side yard width along street side of corner and reversed corner lots: 10 feet for lots less than 75 feet wide and 20 feet for lots 75 feet or more in width. (d) Minimum rear yard depth: 15 feet. (5) Minimum Distance Between Buildings: Where apart- ment houses are grouped in one project on one tract of land, the minimum distance between two buildings at any given point shall be not less than the sum of the required side yards computed separately for each building at that point. (6) Maximum Percent of Lot Coverage: Forty -five (45) percent of the total lot area for interior lots and fifty (50) percent of the total lot area for corner lots. - 8 - (7) Maximum Building Height: 35 feet. 12.18.040 Outdoor Living Area Requirements. A minimum of 200 square feet of outdoor living area shall be provided and main- tained for each dwelling unit in accordance with the definition of subsection 12.04.301." Section 9. This ordinance shall be in full force and effect • thirty 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 29th day of September, 1969. ie Mayor ATTEST: City Clerk • i • - 9 -