HomeMy WebLinkAbout1995-013 Land Use and Zoning 111 ORDINANCE NO 95 - 13
AN ORDINANCE relating to land use and zoning and amending the
Urban Area Zoning Ordinance (UAZO) and Yakima
Municipal Code subsection 15 03 030(2); subsection
15 03 030(3), section 15 04 030, Table 4 -1 at two
places, subsection 15 04 120(C); chapter 15 05,
TABLE 5 -1 at the footnotes, section 15 10 020, and
subsection 15 17 050(A)
WHEREAS, since 1986, pursuant to authority provided under RCW
36 70, the City of Yakima and Yakima County have cooperated to
exercise their respective powers to protect the health and safety
of persons living, working, and conducting businesses in the area
known as the Yakima Urban Area by regulating land use in that area
through a common zoning law known as the Urban Area Zoning
Ordinance (UAZO), and
WHEREAS, on April 6, 1993 the Yakima City Council and the Board of
Yakima County Commissioners and the Regional Planning Council
(RPC) met in a joint public meeting to discuss UAZO amendment
process and other activities of the RPC, and
WHEREAS, on October 20, 1993 the RPC conducted a public meeting to
initiate a cycle for submission of proposals for amendments to the
UAZO, and
•
WHEREAS, on January 12, 1994, January 25, 1994, February 8, 1994,
February 15, 1994, March 1, 1994, March 22, 1994, March 29, 1994
citizen work sessions were conducted which included members of the
planning staffs of the City of Yakima and Yakima County; and
WHEREAS, on April 6, 1994 the RPC conducted a work session to
review amendments to the UAZO which had been proposed in the
citizen work sessions; and
WHEREAS, on May 18, 1994 the RPC conducted a public hearing to
consider amendments to the UAZO, and
WHEREAS, on July 14, 1994 the Joint Urban Area Planning Board
conducted a public meeting to review the recommendations of the
RPC regarding the proposed amendments to the UAZO; and
WHEREAS, on September 21, 1994 the City of Yakima issued a
Determination of Nonsignificance under the State Environmental
Policy Act (SEPA) regarding the proposed amendments to the UAZO;
and
WHEREAS, on October 11 and November 1, 1994 the Yakima City
Council and the Board of Yakima County Commissioners conducted a
public hearing regarding the proposed amendments to the UAZO, and
411 WHEREAS, on November 29, 1994 the Yakima City Council and the
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PAGE 1
Board of Yakima County Commissioners conducted a public meeting
regarding the proposed amendments to the UAZO; and
411
WHEREAS, the Yakima City Council believes all persons who desired
to speak for or against, or in relation to the proposed amendments
were given full and complete opportunity to be heard during the
hearing process; and
WHEREAS, on December 13, 1994 the Yakima City Council and the
Board of Yakima County Commissioners decided to refer proposed
amendments 1 through 6 to a special committee consisting of
representatives of neighborhoods, the Yakima City Council, and the
home builders association, and
WHEREAS, on December 13, 1994 the Yakima City Council and the
Board of Yakima County Commissioners by motion approved amendments
7, 8, 9, and 10 for adoption, and
WHEREAS, the following amendments to the UAZO further the goals
and objectives of the Yakima Urban Area Comprehensive Plan and the
UAZO and the public health, safety, and general welfare of the
citizens of the City of Yakima, and
WHEREAS, it is in the best interests of the people of the City of
Yakima that the following amendments to the Urban Area Zoning
Ordinance be enacted into law, NOW, THEREFORE
1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON
111
2 Section 1 Subsection 15 03 030(2) of the Yakima Municipal Code
3 is hereby amended to read as follows
4 Single- Family Residential District (R -1) The single - family
5 residential district is intended to
6 a Establish and preserve residential neighborhoods for detached
7 single - family dwellings free from other uses except those which
8 are compatible with, and serve the residents of, this district,
9 and
10 b Locate moderate density residential development, up to seven
11 dwelling units per net residential acre, in areas served by
12 public water and sewer
13 Detached single- family dwellings are the primary use in this
14 district The district is characterized by forty -five percent lot
15 coverage, access to individual lots by local access streets; large
16 front, rear and side yard setbacks; and one and two story 110
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�s f `
17 structures The density in the district is generally seven
411 18 dwelling units per net residential acre or less However,
19 development exceeding seven dwelling units per net residential
20 acre, may be allowed as a Class 3 u3c in accordance with Table 4 -1
21 in Chapter 15 04 This higher density development shall be allowed
22 only on those limited occasions when, aftcr Class 3 review, thc
23 hearing cxamincr the reviewing official finds that the location
24 and site plan of the project is such that the higher density would
25 be compatible with neighboring land uses and the level of public
26 services, and is consistent with the goals and objectives in the
27 Yakima Urban Area Comprehensive Plan Public water, sewer and
28 other urban services are generally available throughout the
29 district
30 Section 2 Subsection 15 03 030(3) of the Yakima Municipal Code
31 is hereby amended to read as follows
32 Two - Family Residential District (R -2) (1) The purpose of the two-
• 33 family residential district is to
34 a Establish and preserve residential neighborhoods for detached
35 single- family dwellings, duplexes and other uses compatible with
36 the intent of this district, and
37 b Locate residential development with densities up to twelve
38 dwelling units per net residential acre in areas receiving a full
39 range of public services including public water and sewer service,
40 and police and fire protection
41 The district is characterized by up to fifty percent lot coverage,
42 access via local access streets and collectors, one and two story
43 buildings, some clustering of units, and large front, rear and
44 side yard setbacks Typical uses in this district are single -
45 family dwellings and duplexes The density in this district
46 generally ranges from seven to twelve dwelling units per net
47 residential acre However, development up to eighteen dwelling
48 units per net residential acre may be allowed as a Class 3 use in
49 accordance with Table 4 -1. This higher density development shall
All 50 be allowed only on those limited occasions when, after Class 3
ler 51 review, thc hearings cxamincr the reviewingr official finds that
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52 the location and site plan of the project is such that the higher
53 density would be compatible with neighboring land uses and the •
54 level of public services, and is consistent with the goals and
55 objectives in the Yakima Urban Area Comprehensive Plan
56 Section 3 The row pertaining to Any grading, leveling,
57 excavation or stockpiling of earthen materials not associated with
58 an approved class (2) or class (3) use" appearing on page three of
59 the seven page Table 4 -1, Permitted Land Uses, incorporated in
60 Section 15 04 030 of the Yakima Municipal Code is hereby amended
61 to read in substance as follows
62 LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2
63 [MINING / REFINING / OFFSITE HAZARDOUS WASTE TREATMENT]
64 -- - -- -
65 stockpiling of earthen materials-not
66 -'
67 or clacc (3) use 2 2 2 2 1 1 1 1 1 1 1 1 1
68 [A complete copy of page four of the seven page Table 4 -1,
69 Permitted Land Uses, incorporated in Section 15 04 030 of the
411
70 Yakima Municipal Code, showing this amendment is attached to this
71 ordinance as Exhibit A is incorparated herein by reference ]
72 Section 4 The row pertaining to "Radio / T V Studio" appearing
73 on page six of the seven page Table 4 - 1, Permitted Land Uses,
74 incorporated in Section 15 04 030 of the Yakima Municipal Code is
75 hereby amended to read in substance as follows
76 LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2
77 [RETAIL TRADE AND SERVICE]
78 Radio / T V Studio 1 3 2 1 1 1 1 2
79 [A complete copy of page six of the seven page Table 4 -1,
80 Permitted Land Uses, incorporated in Section 15 04 030 of the
81 Yakima Municipal Code, showing this amendment is attached to this
82 ordinance as Exhibit B is incorparated herein by reference ]
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83 Section 5 Subsection 15 04 120(C) of. the Yakima Municipal Code
• 84 is hereby amended to read as follows
85 Siting Standards All mobile /manufactured homes shall be installed
86 in compliance with applicable city and county codes In addition,
87 mobile /manufactured homes installed in the residential districts,
88 not in mobile home parks, may be required to meet the following
89 siting standards
90 (1) Roof Slope Roof slope shall be not less than a two -foot
91 rise for each twelve feet of horizontal run
92 (2) Roofing Materials Roofing materials shall be compatible
93 in appearance with surrounding site -built homes
94 (3) Siding Materials Siding materials shall be wood,
95 masonite, or other material compatible with surrounding site -
96 built homes
97 (4) Shall be "pit set" with first floor elevation no more
98 than 12 inches above cxicting finished grade The pit shall
99 be of sufficient death to accommodate 18 inches clearance
•
100 below the frame of the unit with crawl space access located
101 near utility connections. The foundation shall be installed
102 in compliance with the requirements of the Washinaton
103 Administrative Code. Skirting or side walls shall be
104 installed around the perimeter and the tongue and axle shall
105 be removed
106 Section 6 The footnotes to Table 5 -1, DESIGN REQUIREMENTS AND
107 STANDARDS,, which appears in Chapter 15 05 of the Yakima Municipal
108 Code are hereby amended to read as follows
109 1 Some open space may be required to assure conformity with the
110 intent and provisions of this ordinance
111 2 Measured from the centerline of rights -of -way When the right -
112 of -way exceeds 60 feet in width, or in the case of cul -de -sacs,
113 the minimum front yard setback in the residential districts
114 shall be 20 feet from the front property line and the minimum
115 side yard setbacks in the residential districts shall be 10
• 116 feet from the side property line abutting the right -of -way
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117 Applies to a private road within a dedicated right -of -wav or an
118 access easement within the alignment of a public street. The
119 setback is measured from the centerline of the riaht -of -wav or
120 easement. When the right -of -wav exceeds 60 feet in width, or
121 in the case of cul -de -sacs, the minimum front yard setback in
122 the residential districts shall be 20 feet from the edae of the
123 riaht -of -wav or easement and the minimum side yard setback in
124 the residential districts shall be 10 feet from the edge of the
125 right -of -way or easement.
126 31 Measured from the edge of an easement not within a dedicated
127 right -of -way or alignment of street
128 4.a Measured from abutting residential districts
129 -5.E Additional setbacks may be required to conform with the site
130 screening requirements in Chapter 15 07
131 .67 See Chapter 15 05 020 for fence standards on corner lots and
132 along designed arterials
133 4$ The rear setback from arterials, collectors and local access
134 streets shall be the same as the front yard setback
135 requirements from arterials, collectors and local access •
136 streets, provided the required rear setbacks shall not be less
137 than the required setbacks from the property line
138 [A complete copy of page one of the two page Table 5 -1, DESIGN
139 REQUIREMENTS AND STANDARDS, which appears in Chapter 15 05 of the
140 Yakima Municipal Code, reflecting this amendment is attached to
141 this ordinance as Exhibit C and is incorparated herein by
142 reference ]
143 Section 7 Section 15 10 020 of the Yakima Municipal Code is
144 hereby amended to read as follows
145 The purpose of this section is to provide flexibility by allowing
146 certain development standards in Chapters 15 05 through 15 08 to
147 be administratively adjusted A particular standard may be
148 reduced or modified so long as the reviewing official determines
149 that the adjustment and /or reduction is consistent with the
150 purpose of this title, the intent and purposes of the standard, 411
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151 and will accomplish one or more of the,,,following objectives
1 152 (1) Allow buildings to be sited in the manner which maximizes
153 solar access;
154 (2) Allow zero lot line or common wall construction in
155 conformance with the provisions of this title;
156 (3) Coordinate development with adjacent land uses and the
157 physical features of this title,
158 (4) Permit flexibility in the design and placement of
159 structures and other site improvements;
160 (5) Allow development consistent with a specific sub -area
161 plan adopted by either the city or county
162 Administrative adjustments of development standards shall be
163 processed under Class (2) rcvicw the provisions for modifications
164 as contained in Section 15.17,050 of this title for Class (1) and
165 Class (2) uses, except for development within or adiacent to
166 residential zoning districts, and under Class (3) review for
167 Class (3) uses Class (2) or (3) review is required to balance
• 168 this flexibility and general welfare of individual neighborhoods
169 and the community
170 The reviewing official shall not have the authority to reduce the
171 site design requirements for minimum lot size, building height nor
172 the subdivision requirements set forth in Section 15 05 030 and
173 Table 5 -2
174 Section 8 Subsection 15 17 050(A) of the Yakima Municipal Code
175 is hereby amended to read as follows
176 Application Requests for modification to existing uses or
177 development requiring Class (2) or (3) review, and uses and
178 developments approved after Class (2) and (3) review at
179 administrative adjustments to Class (1) or (2) uses, shall be made
180 in writing to the planning department on forms supplied by the
181 department and in accordance with the general procedures of
0 182 Chapter 15.11. A site plan conforming to the provisions of
183 Section 15 11 040 shall accompany the application. In the case of
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184 an approved Class (2) or (3) use or development, the site plan
185 shall be the site plan previously approved by the reviewing
186 official The site plan shall also show the location, size, and
187 type of modification proposed by the applicant
188 Sec 9 Effective date This ordinance shall be in full force
189 and effect 30 days after its passage, approval, and publication as
190 provided by law and by the City Charter
- - - END - - -
PASSED BY THE CITY COUNCIL, at a regular meeting and signed
and approved this 7th _ day of March , 1995
Mayor
ATTEST
City Clerk
Publication Date 3/10/95
Effective Date 4/9/95
41
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AO 0
III
TABLE 4 -1 TABLE OF PERMITTED LAND USES (Page 4 of 7)
ZONING DISTRICTS _
1 0 ; LAND USES SR R1 R2 R3 B1 B2 FIB SCC LCC CBD CBDS M1 M2
X v
Z g Sawmills and planing mills ` 3 - 1
trl a
H c Sheet metal and welding shops 3 1 1
y ` f° Stone products (includes finishing of monuments for retail sale) 3 2 1 1
N
›, tr1 $ Transportation equipment. Including trailers and campers 3 1 1
,a Woodworking: Cabinets, Shelves, etc. 3 3 3 2 2 1 1
z o MINING 1 REFINING / OFFSITE HAZARDOUS WASTE TREATMENT MINING /REFINING /OFFSITE HAZARDOUS WASTE TREATMENT
I-1 g A sphalt paving and roofing materials, rock gushing 3 3 1
Z ° Mining Including sand and gravel pits (•) 3 _ 3 3
stockpiling of earthen materials not
C a
2 2 2 2 1 1 1 1 1 1 1 1 1
N O . Offstte hazardous Waste Treatment and Storage Faciitles 3 3
RESIDENTIAL (Acessory Uses: See 15.040.050) RESIDENTIAL
Detached single family dwelling (•) 1 1 1 1 2 2
Detached single family dwelling (zero lot tine) (•) 2 2 2 2 2 2
Attached single family dwelling( *) (common wall) (') 2 2 1 1 2 2
Two farniy dwelling (duplex) (•) 2 2 1 1 2 2 .
Mufti-family dwelling(*): 0-7 DU /NRA 3 2 1 1 1 2 1 3
8 -12 DU/NRA 3 2 1 1 3 1 3
13+ DU/NRA 3 1 2 - 1 3
I —
Planned residential development(*): 0-7 DU/NRA 3 2 2 2 2 2 2 2
8-12 DU /NRA 3 1 2 , 2 2 2 2 2
13+ DU/NRA 3 1 2 2 2 2 2 2 a
Mobile home parks (') 3 i 3 2 2 2 2 2
Mobile home ( *) or manufactured homes ( *) See Section 15.04 120
• Boardhg house (a) . 3 3 2 1 1 2 1 2
Retirement homes (•) 2 3 3 2 2 1 2
Ten omry hardshlp units (see 15.04.110) 0 2 2 2. 2 2 2. 2 2 2 2, 2
NOTES:
1 See section 15.04.020.1 (a-d) since Class (1) uses may require Class (2) review under certain conditions.
2. A higher level of review will be required if the use or development is in an overlay district, see section 15.09.020.
3. (a) refers to definition in Chapter 15.02.
4. Mobile borne parks shall not exceed the maximum number of dwelling units per net residential acre established in table 5.2.
5. Offsite hazardous waste treatment and storage facilities shall be subject to the State siting criteria adopted pursuant to the
requirements of chapter 70.105 RCW.
TABLE 4-1 TABLE OF PERMITTED LAND USES (fi• 6 of 7 )
ZONING )ISTRI S
•
tt�� of ®
t 2 1 1 1 1 12
LAND USES SR R1 1 R2 R3 B1 B2 H8 SCC LCC CBD CBDS Mt M2
>C
x C7 a Financial Institutions .
to z G . Florist 2 1 2 1 1 1 1 3
H a Food store, specialty 1 ' 2 1 1 1 1 _
H C7 N Fuel, oq and coal distributors 2 2 1 1
W tr7 5 Furniture, home furnishings, appliances 1 1 1 1 1 5
9, General hardware, garden equipment and supplies 2 1 2 1 1 1 1 3
N Gift shop( *) 2 2 1 1 1 1 2
c Grocery/convenience store closed 10:00 p.m. to 6:00 a.m.
H N open 10:00 p.m. to 6:00 a.m. 3 1 2 1 1 1 2
0 2 2 1 1 1
z Heating and plumbing equiprrernt store
C) 2 1 1
C 1 Heavy equipment storage, maintenance and repair 3 1
• U Insurance agents, brokers and service agencies 1 1 ? 1 1 1
Cr 1
Jewelry, watches, slivenware sales and repair 1 2 Kennels (•) 3 1 2 1 1 1 1 3
Laundries, Iaurndrornats and dry clearing plents 2 2 1 1 1 1 1 1
Liquor Stores 2 2 1 1 1
Lumber yards 3 2 1 1 1 1
'Medical and dental laboratories, omces and clinics 3 1 1 2 2 1 1 1 2
Motels and Hotels 2 1 1 1
Motorcycles sales and repair (including maintenance, repair and parts) 2 2 1 1 2
Musk stores 2 2 1 1 1
Nursery (•) 3 1 1 1 1, 1
Outdoor advertising (billboards) _ See Section i 5.08.130 -
Paint, glass and wallpaper stores 1 1 1 1 1
Pet stores, pet supplies and dog groonirng 1 1 1 1 1
Prtnthg, photocopy service 1 1 1 1 1 1 1 1
Professional office buildings for arch tects, attorneys, goverment, etc. _ 3 1 1 2 1 1 1 1 2
Radio / T V Studio 3. 3 2 1 1 1 1 2
Real estate offices 3 1 1 2 1 1 1 1 2 1
Recycling center (1 1 1
Rentak auto, truck and/or trailer, fleet leasing services 3 2 2 1 1 1 1 _ 2
Heavy equipment (except automat ve) 2 2 1 2
Repair= Small Appliances, TV's, Business Machnes, Watches, etc. 1 2 1 1 1 1 1 ,
Locksmiths and Gunsmiths 1, 2 1 1 1 1 1 3
Re- upholstery and Furniture _ 2_ 3 1 , 1 1 1 3
Small Engine and Garden Equipment 2 3 1 1 1 1 3
SR R1 R2 R3 81 B2 118 SCC LCC CBD CBDS M1 042
NOTES:
1 See section 15.04.020.1(a -d) since Class (1) trees may require Class (2) review under certain conditions.
2. A higher level of review will be required If the use or development is le an over�dlsWct, see section 15.09.020.
refers to definition in Chapter 15. 02. •
• ,
• 1 lik IP
TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS
ZONING DISTRICTS
SR R1 R2 R3 B1 H8 82 SCC LCC CBD CBDS M1 M2
x ,— g
H H SITE DESIGN REQUIREMENTS AND STANDARDS
to Z
H
�] A
/� a my- 1 ;i
1 LJ 8
ID
DEVELOPMENT ON EXISTING LOTS OR PARCELS SEE SECTION 15.05.020 AND 15.19.040
Z o LOT COVERAGE 4596 1 5096 1 8096 1 8596 9096 1 10096 1
UH c Arterials 2 60 feet 40 feet
Z o Collector Arterials 2 50 feet 30 feet
FRONT Local Access 2 45 feet
C pate Road 83 37.50 feet 30 feet
50 feet
N Mirror Local Access 2 37.50 feet 20 feet r
Private Access Easement " 10 feet
STANDARD Abl 2 50 feet 40 feet
STRUCTURE Collector Arterials 2
SETBACKS ill 40 feet
Local Access 2 .
Pete Road 83 32.50 feet
SIDE Minor Local Access 2 40 feet 30 feet 20 feet
- r,.
Private Access Easement a or Property Line 5 feet 0 ,
Residential District 5 5 feet 5 ft 1 10 feet 15 ft 1 20 ft 1 30 feet 1 ft
' 30 feet
or 1/2 building height whichever Is greatest
CommerciaVIndustrial District 5 N/A 1 5 feet 0 ft 0 -
Property Line 15 ft 20 ft 15 feet 0
REAR 8 15 ftl 15 feet 1 20 ft 30 feet 1 20 ft 30 feet
Residential District 5 15 ft 20 ft 15 ft
or 1/2 building height whichever is greatest
MAXIMUM BUILDING HEIGHT 35 feet 50 feet 1 35 ft 1 24 ft 1 35 ft 1 50 ft WA 1 50 ft 1 WA
STANDARD FENCE HEIGHT 7 SEE SUB- SECTION 15.05.020 (g)
In Required Front Setbacks Not Permitted
STANDARD SCREEN HEIGHT Behind Required Front Setbacks 15
_ In Required Side and Rear Yards
SR R1 IR2 1R3 B1 HB 82 ISCC LCC ICED ICBDS M1 M2
NOTES:
1. Some open space may be required to assure conformity with the Intent and provisions of this ordinance.
2. Measured from the centerline of rightsof -tvay. When the right-of-way exceeds 60 feet in width, or in the case of cul-de-sacs, the minimum front yard setback in the residential districts shall
be 20 feet from the front property line and the minimum side yard setbacks In the residential districts shall be 10 feet from the side property line abutting the right-of-way.
3, Aoolies to a private road within a dedicated rlahtof-wav or an access easement withh the alignment of a nubile street. The setbacks measured from the centerline of the rlaht- of-wav or
enOement. When the riots- of-way exceeds 60 feet in width or in the case of cuk -sacs the minimum front vanl setback in the residential districts shal be 70 feet from the edge nt the
i:' . . , . n. . l.• e u .:u a .. . 1. . . + . , n .? • .i i. .. • � n,,. .. . .. I,• . . - ... .... n - ..
3 4. Measured from the edge of an easement not within a dedicated right-of-way or alignment of street.
4 5. Measured from abutting residential districts
4 6. Additional setbacks may be required to conform with the sltescreening requirements In Chapter 15.07
*7 See Chapter 15.05.020 for fence standards on corner lots and along designed erterl&a.
3 8. The rear setback from arterials, collectors and beal access streets shell be the some ss the front yard setback requirements from arterials, collectors and local access streets, provided, the
required rear setbacks shall not be less than the requited setbacks from the property line.