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HomeMy WebLinkAbout1993-081 Yakima Urban Area Zoning Ordinance ORDINANCE NO. 93 - • AN ORDINANCE Relating to zoning; amending Ordinance 2947, as previously amended by Ordinance 3019 and Ordinance 3106, codified as Yakima Municipal Code Title 15, The Yakima Urban Area Zoning Ordinance; defining the following terms: agricultural building, adult day care center, agricultural related industry, auction house, bed and breakfast, Inn, bingo parlor, car wash, card room, centerline of right - of -way, commercial services, consulting services, day care facility, day care homes - family, day care center, delicatessen and other specialty food stores, desk top publishing, driveway, food preparation, game room, garage - private, garage - public, hazardous materials, gift shop, home instruction, kennel, lot line- front, manufactured structure, modular home, meeting hall, parking lot, personal services, pet, product assemblage, _ professional business, screen, second hand store, specialty food store /food store - specialty, storage facilities -bulk, storage - vehicle, technical equipment, towing services, travel agency, waste water spray field, water system - public, wrecking yard, and zoo; limiting accessory uses to those compatible with the principal use and consistent the purpose and intent of the zoning district • with and establishing garages and pets as accessory uses; establishing review criteria for drive through facilities and providing that any commercial use having such a facility shall be subject to one higher level of review than shown in Table 4 -1 except those already requiring Class (3) reviews and financial institutions that do not abut residential zones; amending Table 4 -1, Table of Permitted Land Uses; revising the conditions which must be met to establish a home occupation as an accessory use; providing that the administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations; prohibiting taxidermist, two way radio and mobile telephone system sales and service, and vehicle sign painting as home occupations; establishing procedures for the determination of parking requirements for home occupations; amending Table 4 -2, Table of Permitted Home Occupations, revising siting standards for the placement of mobile /manufactured homes in residential districts; establishing standards for the placement of manufactured modular and non - residential structures and defining the term; amending Table 4 -3, Review Requirements for Mobile /Manufactured Homes, increasing permitted front yard fence height to • four (4) feet provided clear vision triangle -1- standards are met; establishing standard screen height standards and defining the term; clarifying the method of establishing a clear view triangle for drive way curb cuts; amending Table 5 -1, Design Requirements and Standards and Table 5 -2, Subdivision Requirements; adding vehicle storage as a use or an accessory use subject to off street parking and loading space requirements; adding two - family (duplex) dwellings as a use subject to tandem parking regulations; adding vehicle storage as a use subject to landscaping and parking areas requirements and providing that landscaped areas may be used to satisfy lot coverage requirements; adding vehicle storage as a use subject to off street parking construction and maintenance requirements; amending Table 6 -1, Table of Off Street Parking Standards; deleting the definition of abandoned sign; adding definitions for banner, canopy sign, roof sign, use identification sign, and window sign, amending the definitions of political sign, and wall sign, and clarifying that various definitions are subject to other subsections of Chapter 15.08.; adding school or community center name signs, awning signs, and official public or court notices to the list of signs exempt from the requirements of Chapter 15 08; establishing standards for determining when a sign is prohibited by virtue of being in a dilapidated or hazardous condition; establishing requirements for sign maintenance; providing that exterior lighting must be shielded and directed away of adjoining streets and residential uses; requiring removal of abandoned wall signs and defining the term; reducing the number of temporary signs permitted and providing that no such sign may be placed in public right -of -way; prohibiting bill boards in the B -2 district, reducing maximum bill board area to 300 square feet and revising the bill board siting criteria; limiting freeway signs to one per parcel, multi building complex, or development; clarifying comprehensive design plan requirements; amending Table 8 -1, Type and Number of Signs Permitted; establishing the maximum number of domesticated farm animals which may be kept on site and establishing fencing requirements; establishing special requirements for bed and breakfast inns; revising application requirements; amending the fee schedule and administration provisions to provide that the legislative body shall adopt and maintain a current schedule of fees and deleting Table 11 -3; authorizing the reviewing official to extend the expiration date of a certificate of zoning review beyond one year; clarifying that notice of public hearings on Class -2- ' , R F (3) applications will be as provided in Table 11 -2; • allowing a' "summary of, decision" to be mailed to parties of record to a Class (3) review proceeding; allowing controlled atmosphere cold storage warehouses to increase parking by up to twenty (20) spaces; allowing the imposition of fees for zoning interpretations; and amending the following sections and subsections: 15.02.020A,15.02.020B, 15.02.020C, 15.02.020D, 15.02.020F, 15.02.020G, 15.02.020H, 15.02.020K, 15.02.020L, 15.02.020M, 15.02.020P, 15.02.0205, 1502.020T, 15.02.020W, 15.02.020Z,' 15.04.030,- 15.04.050,- 15.04.090, 15.04.120(b), 15.04.120(c), 15.05.020, 15.05.040(2), 15.06.020, 15.06.040(a), 15.06 050(d), 15.06.090(a), 15.06.110, 15.08.020, 15.08.040, 15.08.050(e), 15.08.060, 15.08.070, 15.08.100, 15.08.110, 15.08.130, 15.08.150(c), 15.08 170, 15 09.090, 15.11.020(b), 15.11.020(f), -- - 15.11.100, 15.12.050, 15.12.060(a), _15.15.040(b),_ 15 15.050, 15.17.050(b), 15.22.020; and enacting Sections 15 5A, L5 0I..12.5, 15.08.055, and 15 09.110 as new sections of the Yakima Municipal Code WHEREAS, pursuant to RCW Chapter 36 70, the Yakima City Council held a joint public hearing with the Board of Yakima • County Commissioners on March 23, 1993 which was continued to April 20, 1993 at Yakima, Washington, for the purpose of hearing testimony concerning adoption of the proposed text amendments to the Yakima Urban Area Zoning Ordinance; and, WHEREAS, the proposed text amendments being considered by the Yakima City Council and the Board of Yakima County Commissioners were recommended for adoption by the Yakima Urban Area Regional Planning Commission on May 20, 1992 and September 23, 1992; and WHEREAS, the Yakima City Council believes that all persons desiring to speak for or against, or in relation to the proposed text amendments, were given a full and complete opportunity to be heard during the hearing process; and, WHEREAS, after taking public testimony on February 12, 1992 and September 21, 1992, the Regional Planning Commission closed the public hearing and referred the recommended amendments to the Joint Board for the Yakima Urban Area Planning and Development, the Yakima City Council and the Board of Yakima County Commissioners; and , WHEREAS, the Joint Board for Yakima Urban Area Planning and Development met and fully considered the recommendations of the Regional Planning Commission, and made additional comments, • completed their review of the proposed text amendments on November 2, 1992 and forwarded the recommended amendments to the Yakima -3- Urban Area Zoning Ordinance to the Yakima City Council and Yakima County Commissioners; and, WHEREAS, the Yakima City Council and Yakima County 4110 Commissioners held public meetings on March 23, 1993 and April 20, 1993 to consider the recommendation of the Joint Board; and WHEREAS, the notice of the March 23, 1993 City Council and County Commissioners public meeting was published on March 12, 1993 in the Yakima Herald Republic, which included a map of the Urban Area, legal description of the Urban Area and summary of the significant amendments. Notice for the Regional Planning Commission public hearing of May 20, 1992 was published in the Yakima Herald on May 15, 1992. WHEREAS, in addition to the notice published in the newspaper, notice of the City Council and County Commissioners public meeting was mailed to approximately 250 persons who attended public meetings, hearings or represented organizations with an interest_in the zoning ordinance WHEREAS, preparation of the amendments to the Urban Area Zoning Ordinance Amendments involved the participation of the development community real estate industry, sign industry, restaurant industry, day care operators, bed and breakfast operators and others who participated in technical reviews of the proposed amendments WHEREAS, that based upon the recommendations of the City and County staff, Technical Advisory Committee, the Regional Planning Commission and the Joint Board, and from the testimony during the public hearing, it is evident that a need exists to update the Yakima Urban Area Zoning Ordinance. WHEREAS, adoption of the proposed amendments will: (1) Further the orderly development of the area; (2) Provide flexibility in the location and siting of land uses; (3) Reduce the amount of time required for public review of some land use proposals; and (4) Promote consistency in land use decision making WHEREAS, that development of the proposed text amendments to the Yakima Urban Area Zoning Ordinance was carried out in accordance with all applicable state and local laws governing same WHEREAS, that the proposed amendments to the Yakima Urban Area Zoning Ordinance will protect the public health, safety and general welfare of all citizens in the Urban Area. WHEREAS, in compliance with the Washington State Environmental Policy Act, a Determination of Non - Significance was issued on January 17, 1992 and an additional Determination of Non- ® -4- , _ Significance was issued for sign chapter amendments on September III 1, 1992. WHEREAS, the Yakima City Council finds that this amendatory ordinance furthers the purpose of the goals and objectives of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance and the public health, safety and general welfare; now,. therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Subsection 15.02.020A of the Yakima Municipal Code is hereby amended to read as follows: A "Access driveway" means an entrance roadway from a street or alley to a parking. facility. ____ ._ _ _- -- _ ____ :_� "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Accessory Building, Structure, or Use" means a building', structure, or use which is ancillary to the operation or enjoyment • of a lawful use, and appropriate and subordinate to such lawful use, except, uses otherwise regulated or prohibited. "Administrative official" means the duly appointed Yakima County planning director or the director of the city of Yakima department of community and economic development, whichever is appropriate "Adult Day Care Center" - See "Day Care Facility" "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4 -1). "Agricultural Building" means a structure designed and constructed to store farm implements or hay, grain, 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; processing, treating or packaging agricultural products, nor shall it be a place used by the public. "Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and 1111 -5- some limited non -food items. This definition does not include the sale of livestock. "Agricultural related industry" means specifically: 1. Packaging plants may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Does not include processing activities, or slaughterhouses, animal reduction yards, and 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 Does not include slaughterhouses or rendering plants. 3. Storage Facilities include controlled atmosphere and cold storage warehouses and warehouses for the storage of processed and /or packaged agricultural products "Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale of agricultural products, excluding livestock, grown on the premises "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 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 a reviewing official's decision, determination, order or interpretation of any provision • of this title -6- "Applicant" means a person submitting an application for any • permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. "Application for development" means the application form and. all accompanying documents and exhibits required by this title or the responsible official. "Arterial" means a principal or minor arterial as shown in the optimal arterial street plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roof line, or in the case of multi -story buildings by a common ceiling /floor(s). "Auction House" means a structure or enclosure where goods and /or livestock is sold by auction. _ "Automobile service station" see "service station." "Automobile, truck, manufactured home and /or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers III "Automotive wrecking or dismantling yard" means a place used, f or 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. Section 2 Subsection 15 02.020B of the Yakima Municipal Code is hereby amended to read as follows B "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than 30 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. • -7- Brokerage Offices, Transportation. "Transportation brokerage offices" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging 4 11 1 transportation for freight and cargo. "Building" see "structure." "Building area" means the three - dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. "Building code" means the Uniform Building Code and related codes as amended and adopted by Yakima County /city of Yakima. "Building and enforcement official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title For purposes of this title,_ "building official" .means building and enforcement official. "Building height" is the vertical distance above 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 4 11) 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 Item I above is more than ten feet above lowest finished grade See Figure 2 -1 below "7- 41111111. ALT I I I I �I �I � „ c _ : I P. 2 5' ►tre d,en IO' ! � Lees del 10 One Il OmI FIGURE 2 -1 CEIEWINAnoN OF BUILDING MIGHT IN FEET -8- • The height of a stepped or terraced building is the maximum height of any segment of the building. "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. Section 3 Subsection 15.02.020C of the Yakima Municipal Code is hereby amended to read as follows. C "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, a nd /or polishing cars and small trucks Includes self - service car washes, automated car washes, manned car washes and auto detailing "Card Room" -- see "Game Room" "Caretaker dwelling" means a single- family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner /caretaker. "Center Line of Right -of -Way" - Mid -point between the future alignment of the opposite edges of right -of -way. "Certificate of zoning review" means that certificate issued by the planning department stating that the proposed use of the structure or land conforms to the provisions of this title. "Change of use" means a change from one use listed in Table 4 -1, Table of Permitted Land Uses, to another use listed in that table. "Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction 1111 "City" means the city of Yakima -9- "Class (1) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are permitted on any site in the district provided district standards are met. The building official shall review Class (1) uses for compliance with the provisions and standards of the district. In some cases Class (1) uses may require review by the administrative official. "Class (2) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. "Class (3) uses" are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally incompatible with their neighbors because of their size, emissions, traffic generation or for other reasons. However, they may be compatible with other uses in the district if they are . - properly sited - and designed Class (3) uses may be permitted by -- -- the hearings examiner when he determines, after holding a public hearing, that difficulties related to compatibility, the provisions of public services, and the Yakima urban area comprehensive plan objectives have been adequately resolved. Class (1), (2), or (3) Use, Approved. "Approved Class (1), (2) or (3) use" means any use or development approved upon completion of Class (1), (2) or (3) review. Class (1), (2) or (3) Use, or Development, Existing "Existing Class (1), (2) or (3) use or development" means a use or development legally existing or legally established prior to the effective date of this title has been or would be classified under Chapter 15.04 of this title as a Class (1), (2) or (3) use in a particular district even though the use has not been through Class ( 1 ), (2) or (3) review, and may or may not conform to the standards of this title This definition includes any existing Class (1), (2) or (3) use with an approved modification under Chapter 15.17. "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Commercial Services" means technical services and specialized care services such as tattooing, massage parlors, lawn and garden care, delivery services, except as otherwise regulated. "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 4 10 -10- "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, that the principal use of the facility is for public assistance, community improvement, or public assembly. "Community water system" see "water system." "Compatibility" means the characteristics of different uses or development that permit them to be located near each other in harmony "Comprehensive plan" means the Yakima 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 a reviewing official pursuant to authority granted by this title "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals "Consulting Services" -- See "Professional Business ". "County" means Yakima County. Section 4. Subsection 15.02.020D of the Yakima Municipal Code is hereby amended to read as follows: D "Dangerous waste" means those solid wastes designated in Washington Administrative Code, hereafter, "WAC," 173- 303 -70 through 173- 303 -103 as dangerous or extremely hazardous waste. 1111 -11- "Day" means calendar day. (See Section 15.20.120 for computation of time.) III "Day Care Facility" means a building or structure in which an agency, person, or persons regularly provide care for a group of non- related individuals (children or adults) for periods of less than 24 hours a day. This includes Family Day Care Homes, and Day Care Centers. "Day Care Homes, Family" means an in -home day care facility serving one to twelve individuals "Day Care Center" means a day care facility serving 13 or more individuals. "Delicatessen and Other Specialty Food Stores" means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five (5) persons. "Desk Top 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 III development or modification of development as defined in this title When a building or other construction permit is required, the building /construction permit shall serve as other development permit If no building /construction permit is required, the certificate of zoning review shall serve as the development permit "Development, Planned Residential" means, in the residential districts, the coordinated development of a single lot of not less than 12,000 square feet with a number of residential units (not less than three), residential structures and /or dwelling types, including, but not limited to: apartment complexes and mobile home parks, which are designed to: 1. 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; 3. Share such site amenities as off - street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot In the commercial districts, "planned residential III -12- 1111 development" means a mixed use development combining multi - family 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 "Driveway" means the private traveled path 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 non prescription medicines, but where non - medical products are sold as well "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. Dwelling, Multiple - family "Multiple- family dwelling" means a structure 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 "Single- family dwelling" means a structure designed to contain a single dwelling unit. Single - family dwellings are further classified by their nature of construction as follows 1 Site built Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. 2 Modular home. See "mobile home." 3 Manufactured home: See "manufactured home" and "mobile home " Dwelling, Single - family Attached. "Single - family attached dwelling" means two single - family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single - family dwellings 1111 -13- Dwelling, Single - family Detached. "Detached single- family dwelling" means one dwelling unit located on one lot and not attached to any other dwelling unit. Dwelling, Two - family. "Two - family dwelling" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This 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 of living, sleeping, cooking, eating and sanitation. Section 5. Subsection 15.02.020F of the Yakima Municipal Code is hereby amended to read as follows F - "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or site screening "Finding" is a conclusion of fact reached by the reviewing 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 reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one foot rise in the water surface elevation of a one - hundred -year flood "Food Preparation" means a business, service or facility dealing with the preparation of food items for off -site consumption. Includes: confectioneries, catering services, preparation of food items for wholesale. Section 6. Subsection 15 02.020G of the Yakima Municipal Code is hereby amended to read as follows' 4 11 1 -14- G S "Game Room" means a commercial facility, or a portion of, open to the general public, in which card games, poo, electronic games, bingo, etc., are played. 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 "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 S more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area See Section 15 06 040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or pre delinquent children, providing special care in a homelike environment. This definition does not include homes of this nature for six or fewer persons, excluding house parents. Section 7 Subsection 15 02.020H of the Yakima Municipal Code is hereby amended to read as follows. H "Halfway house" means a home for juvenile delinquents and adult offenders leaving correctional and /or mental institutions; or a rehabilitation center for alcohol and /or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care. "Hazardous Materials" means any item listed as 1111 hazardous by a Federal Agency or State Department of -15- Ecology or the Yakima County Clean Air Authority. See 15.13.020, (3). "Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the Dangerous Waste Regulations, WAC Chapter 173 -303. Hazardous Waste, On -site. "On -site hazardous waste" means hazardous waste treatment and storage facilities which treat and store wastes generated on the same lot. Hazardous Waste, Off - site. "Off -site hazardous waste" 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, storage" means the holding of dangerous waste for a temporary period Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173 - 303 -200 and 173- 303 -201. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes non dangerous 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 and Board of County Commissioners. "Home Instruction" means the teaching of an art, hobby, skill, trade, profession, or sport as a home occupation, except when otherwise prohibited. See Ch. 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 goods and /or services in the home. Home Occupation, Business Administration. "Business administration home occupation" means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services. "Homeowners' association" means a community association, other than a condominium association, in which individual owners III -16- • 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. Section 8 Subsection 15.02.020K of the Yakima Municipal Code is hereby amended to read as follows: K "Kennel" means a building, enclosure or portion of any premises in or at which dogs,- -cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, IIII animal hospitals, or zoos Section 9 Subsection 15 02 020L of the Yakima Municipal Code is hereby amended to read as follows L "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used "Legislative body" means the Yakima City Council or the Yakima city council, whichever is appropriate. "Loading space" means an off- street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress. • "Lot" means a division of land (a) having defined boundaries and shown on a final plat or short plat officially recorded in the -17- Yakima County auditor's office or (b) which is a legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance (Title 14) or the city of Yakima's subdivision ordinance (Title 14). "Lot area" means the total horizontal area within the boundary lines of a lot. "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty -five degrees. See Figure 2 -2. "Lot coverage" means that portion of the lot that is covered by structures, and other impervious surfaces. "Lot depth" means the horizontal length of a straight line drawn from the mid- point of the front lot line to the midpoint of the rear lot line. See Figure 2 -3. "Lot, inside or interior" means a lot other than a corner lot See Figure 2 -2 "Lot, flag" means a lot only a narrow portion of which fronts on a public /private road and where access to the public /private road is across that narrow portion. See Figure 2 -2. "Lot line, front" means, in the case of an interior lot, the property line separating the lot or parcel from the road or street, other than an alley. "Lot line, interior" means in the case of zero lot line development, the property line separating a zero lot line from (a) another zero lot line or (b) adjoining common open space (See Figure 2 -4) "Lot line, rear" means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot, the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, and rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line 4 11 0 -18- III 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. See Figure 2 -2. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. See Figure 2 -3. Section 10 Subsection 15.02.020M of the Yakima Municipal Code is hereby amended to read as follows: M "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure III complies with all applicable construction standards of the U S . Department of Housing and Urban Development definition of a manufactured home Manufactured homes are further classified as follows 1 Multi-wide. Have a minimum width of not less than seventeen feet as measured at all points perpendicular to the length of the manufactured home, 2 Single -wide Have a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. "Manufactured Structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the Uniform Building Codes as adopted by the City /County. "Meeting Hall" means a private or quasi- private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club type card rooms, Grange Balls, 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. 4 11 1 -19- "Mixed use development" means use of the land or structure for two or more different uses. "Mobile home" • 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 coach, recreational vehicles or motor home. "Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (see Section 15.04.110) on the same parcel with another home. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Modification (of use, or development)" means any change or alteration in the occupancy, arrangement, 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 Uniform Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review, they are subject to the same review standards as a site built home. "Multiple building complex" means a group of structures housing separate businesses which share the same lot, access and /or parking facilities "Multiple occupancy building" means a single structure housing more than one retail business, office, or commercial venture Section 11 Subsection 15.02.020P of the Yakima Municipal Code is hereby amended to read as follows: P "Park" means a public or privately owned area with facilities for active or passive recreation by the public. "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. -20- "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 (5) or more motor vehicles. "Parking space" means an off - street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked, a parking space. "Party of record" means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal Services" means business providing specialized services such as interior home or business • design, shopping services, except as otherwise regulated. "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility "Planned development" means any rezone to planned development within the Yakima urban area approved by the board of county commissioners under the provisions of Chapter 15 56 of Yakima Municipal Code and any rezone to planned development approved by the Yakima city council under the provisions of Chapter 12.50 of the Yakima Municipal Code, as they existed on or before the effective date of this title "Planned residential development" see "development, planned residential " "Planning commission" means the duly constituted regional planning commission for the Yakima urban area. "Planning department" means the Yakima County planning department or the department of community and economic development of the city of Yakima, whichever is appropriate. "Preliminary approval" means the contingent approval by the administrative official in Class (2) review prior to final approval III "Preschool" see "day care center " -21- "Private water system" see "water system, individual." "Product Assemblage" means a business or service III involved in assembling products for off -site sales. "Professional Business" means at 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 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 " Section 12. Subsection 15.02 020S of the Yakima Municipal Code is hereby amended to read as follows: S "School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. School, Vocational "Vocational school" means the commercial use of a structure or land for teaching arts, crafts, or trades "Screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds. "Second Band Store" means a retail business selling used goods. "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 III -22- • Setback, Front. "Front setback" 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. "Site and rear setback" is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure. Except that a side setback on a 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, Regional. "Regional sewer system" means sewer service provided by a municipality or special purpose district. Sewer System, Community "Community sewer system" means small, self- contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas Sewer System, Individual "Individual sewer system" means a • system designed and constructed on -site to dispose of sewage from one or two structures Septic tank systems are the most common form of individual sewer system "Sign" see Chapter 15.08 for a complete listing of sign definitions "Site improvement" means any structure or other addition to land Site Improvement, Required. "Required site improvement" means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. Site Plan, Detailed. "Detailed site plan" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified Site Plan, General. "General site plan" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s). S "Specialty Food Store /Food Store, Specialty "- see "Delicatessen" -23- Standard, Administrative Adjustment Of. "Administrative adjustment of standards" means a change, either an increase or • decrease, in one or more of the development standards in Chapters 15.05 through 15 .08 of this title in accordance with the provisions of Chapter 15.10. Standard, General. "General standard" means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by a reviewing official during Class (2) or (3) review. Standard, Specific. "Specific standard" means those numerical standards established in Chapters 15.04, 15.05, 15.06, 15.07, 15 08 and 15.09. "State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105. "Storage facilities, Bulk" means either enclosed (see warehouses) or outdoor areas designed for the storage of either large quantities of materials or materials of large size Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking /dismantling yards or vehicle sales lots. Storage Facilities, Commercial. "Commercial storage III facilities" means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials Storage Facilities, Residential Mini - Storage "Residential mini - storage facilities" means enclosed areas providing storage for residential goods and /or recreational vehicles within the structure. "Storage, Vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the site Does not include automotive wrecking /dismantling yards or vehicle sales lots. "Street" means public or private road. "Structural alteration" means: (1) Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters; or (2) any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. 4111 -24- "Structure" means anything constructed or erected which • requires location on the ground or attached to something having a locat location on the ground. Structure, Temporary. "Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. "Swimming Pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen (18) inches or the area being more than thirty -eight (38) square feet. Section 13 Subsection 15.02.020T of the Yakima Municipal Code is hereby amended to read as follows w. _. - - -- a T / "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 5 or more days shall be considered a "vehicle storage facility" "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto "Travel Agency" -- See "Professional Business ". Section 14. Subsection 15 02 020W of the Yakima Municipal Code is hereby amended to read as follows: W "Warehouse" means a structure used for the storage of goods and materials Also see "agricultural building " "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, 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 -25- include the processing, storage or disposal of hazardous materials. "Waste Water Spray Field" means an agricultural or III 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 Ch. 70.105 RCW. "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. "Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. "Wrecking Yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to State regulation (Ch. 46.80 RCW) Section 15 Subsection 15 02 020Z of the Yakima Municipal Code is • hereby amended to read as follows: Z "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line "Zoo" means a permanent site or facility having a collection of living animals for public display. Section 16 Section 15.04 030 of the Yakima Municipal Code is hereby amended to read as follows: 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 a Class (2) review in accordance with 15.04.020(A). All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. 1111 -26- T -1 TABLE OF PERMITTED LAND USES 0 ZONING DIS - RICTS • a Class (1) Permitted Use (See Note 1 and 2 below) SR R1 R2 R3 BI e2 HO SCC LCC CBD CBDS MI M2 © Class (2) Requires Review and Approval by the Np AdminIStrativeOff ICIal J J J J J w w g © Class (3) Requires Public Hearing and A roval b the te_ a w 2 S J PP Y a E� z LLz Z -i LL 2M �� 2 m 2m mm.. gR R ¢ �, Hearing Exam w .1 ltW al OW J W W ga{yy � �- J JN O N � F- Z ' Vi ~ El Not Permitted mm 0 (7) w 7 ¢H �� T�l�yi� Qtt�y gti § ,§ LAND USES 1 AGRICULTURAL (COMMERCIAL) AGRICULTURAL (COMMERCIAL) Agriculture, Horticure, General Farming (not feedlots and stockyards) I I _ 1 I Agricultural Building ( 1 2 1 1 Agricultural Chemical Sales / Storage 3 I 1 Agricultural Market (•) , I 3 i 1 1 I I I _ 1 1 • Agricultural Stand ( _ I 2 I 1 Agricultural Related Industries (•) 3 _ 3 , 1 1 Animal Husbandry (See Section 15.09.09) ( 1 2 . I 1 Concentrated Feeding Operation ( . 3 Floriculture, Aquaculture _ 1 2 1 1 1 . 1 1 . 1 1 I Fruit Bin Sales / Storage , 3 _ - y 3 , I I I AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION - N - v Amusement Park (Permanent) ( . 3 3 1 Bowling Alleys 2 2 1 1 I Campground (•) , 3 2 2 2 2 Drive In Theatres , 3 7 9 9 Fairgrounds 2 Game Rooms, Card Rooms, Electronic Game Rooms" 3 , 1 1 2 Golf Courses, Clubhouses, golf driving ranges 3 3 3 3 2 Gymnasiums, Excercise Facilities 3 2 2 I 1 1 I 3 Horse Racing Tracks, Speedways 2 Miniature Golf Courses 3 3 1 1 1 3 Movie Theatres, Auditoriums Exhibition Halls . 3 1 1 I 3 Parks (») 2 3 2 2 2 2 2 2 2 2 2 2 2 Roller Skating Rink 3 2 1 1 1 3 I SR R1 R2 R3 01 82 HO SCC LCC CBD CBDS MI M2 ` J4OTES: I See Chapter 15.04.020.1 (a - 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 Chapter 15.09.020 3 (M) Refers to definition in Chapter 15.02. ZONING DISTRICTS LAND USES 1 l f l I 1 • SR RI I R2 R3 I BI l B2 HB SCC t LCC CBD CODS' MI M2 (COMMUNITY SERVICES COMMUNITY SERVICES Cemetary 3 3 3 3 3 3 Churches, synagogues, temples V') 2 3 2 2 2 2 2 2 I I 2 Community Center (U) meeting halls, fraternal organizations 2 3 2 2 2 2 2 2 2 1 I I 1 Convalescent, or nursing home and group homes (U) , 3 , 3 3 2 2 2 1 , 1 Cemetarles, mausoleums and columbarlums 3 3 3 1 I _ 3 Day Care Facilities (other than home occupation): Family In Home (•) I 2 I 1 I 2 2 2 1 1 , I Day care Center (U) 3 3 3 2 2 1 2 I 1 I_ 1, I Fire stations, police stations and ambulance service . 1 3 3 1 2 2 I I I ,I 1 I Funeral homes 1 2 2 2 1 I, 2 3 Halfway houses (") , 3 3 3 3 1 - I 3 Hospitals (•) , 1 3 3 3 3 3„ 3 3 Correction Facilities 3 3 , 3 3 3 Junior or community colleges 3 3 3 3 3 3 libraries 3 3 3 2 1 2 I I 1 1 I 3 Museums, art galleries 3 3, 2 1 2 I I I I I Schools, Elementary & Middle (U) 3 3 3 3 3 3 1_ 1 3 l Senior High 3 3 3 I 3 3 3 3_ 3 3 t.) Business school 3 3 3 1 3 3 2 2 1 I 2 co I Vocational Schools (•) 3 3 3 3 3 2 2 2 I 1 3 3 Storage of gravel and equipment for street construction 2 2 2 2 1 I 1 I I _ I 1 I I wastewater Sprayfleld(") 3 3 3 Zoo( *) 3 3 3 3 3 3 3 3 3 3 3 3 ■ MANUFACTURING MANUFACTURING (MASS PRODUCTION) Aircraft parts 1 Apparel and accessories 3 I 1 Bakery products (wholesale) 3 3 2 2, i 1 Beverage industry 2 2 i I Canning, preserving and packaging fruits vegetables and other foods 0 - - - 1 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 (U) refers to definition in Chapter 15. 02. 1110 • III LE 4 - TABLE OF PERMITTED LAND USES ZONING DISTRICTS _ • 4110 LAND USES SR R1 R2 R3 81 82 H8 SCC LCC C80 CODS P11 M2 Sawmills and planing mills 3 I Sheet metal and welding shops 3 1 I Stone products (Includes finishing of monuments for retail sale) 3 2 1 I Transportation equipment Including trailers and campers 3 I I • woodworking: Cabinets, Shelves, etc. 3 A 3 3 2 2 1 MINING / REFINING / OFFSITE HAZARDOUS WASTE TREATMENT MINING /REFINING /OFFSITE HAZARDOUS WASTE TREATMENT Asphalt paving and roofing materials, rock crushing 3 3 I Mining Including sand and gravel Alts (•) 3 3 3 Any grading, leveling, excavation or stockpiling of earthen materials not . associated with an approved class (2) or class (3) use 2 2 2 2 I I 1 1 I 1 1 I 1 Oftslte Hazardous Waste Treatment and Storage Facllltles5 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 Ilne) (•) 2 2 2 2 2 2 '" Attached single family dwelling(*) (common wall) (a) ,., . 2 2 1 1 2 2 _. v Two family dwelling (duplex) (a) . -LL. 2 2 1 1 2 2 1 Multi- family dwelling(•): 0-7 DU /NRA `" 3 2 1 1 1 2 1 3 N 8-12 DU /NRA 3 2 1 1 3 1 3 to 13• DU /NRA 3 1 2 , ` 1 3 Planned resldentlal 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 _ 2 2 Mobile home parks (a) 3 3 2 2 2 2. 2 _ Mobile home (*) or manufactured homes (") See Section 15.04.120 Boarding house (») 3 , 2 1 1 2 1 2 Retirement homes (a) 3 3 3 2 2 1 2 Temporary hardship units (see 15.04.1 10) 2 2 2 2 2 2 2 2 2 2 2 2 NOTES 1 See section 15.04020.1 (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. (•) refers to definition In Chapter 15.02. 4. Mobile home parks shall not exceed the maximum number of dwelling units per net residential acre established In table 5.2. 5. Offslte hazardous waste treatment and storage facilities shall be subject to the State siting criteria adopted pursuant to the requirements of chapter 70.105 RCW I TABLE 4 -) TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR RI R2 R3 I BI I B2 1 HB SCC I LCC I CBD CODS! MI I M2 RETAIL TRADE AND SERVICE RETAIL TRADE AND SERVICE Addressing, Mailing, and Stenographic Services 1 I 2 1 1 1 1 Advertising Agencies I I 2 1 1 1 1 Animal Clinic / Hospital (•) 1 3 2 2 2 1 I 1 2 Antique Stores 1 2 2 2 1 1 I Artist s supplies 1 1 1 1 1 Auction House(*) 3 .3 3 3 3 2 2 2 Automobile Truck, Manufactured Home & Travel Trailer Sales 2 1 I I Automotive Car Wash 2 1 1 I 1 2 Parking Lots & Garages 2 1 1 1 1 1 1 Maintenance & Repair Shops 2 1 1 1 I 2 2 Paint & Body Repair Shops 2 3 I 1 I I 2 Parts & Accessorles (Tires, Batteries, etc.) 2 2 I 1 1 2 Specialized Repair Shops (Radiator Engine etc.) 2 2 1 1 1 1 2 Towing Services 2 3 1 1_ 1 2 2 Wrecking b Dismantling Yard(*) 3 1 Bakery 3 1 2 1 1 1 1 1 Beauty 8 Barber Shops 2 1 2 1 1 1 1 to Bed & Breakfast Inn 3 1 1 2 1 1 1 I Boats Q Marine Accessorles 2 2 2 2 1 1 2 Books, Stationery, Off ice SuIies 2 1 1 1 1 1 Building and Trade (e.g. Plumbing, Heating, Electrical Painting, etc.) 2 2 2 2 1 1 1 2 Butcher Shop 1 1 1 , 1_ 1 1 Camera Store i 2 1 2 1 1 1 1 Candy Store 3 1 2 1 1 _ 1_ 1 Clothing & Accessorles 2 2 2 1 1 1 Coln 8 Stamp Shop 1 1 1 1 1 Commercial Services 3 1 2 1 1 I 1 2 Communication TowerS(*) See Section 15.05.130 Computer & Electronic Stores 1 2 1 1 1 1 Delicatessen( ") 3 1 _ 2 1 1 1, 1 Department, DIScount, variety Stores 3 3 2 1 1 I Drug Stores(*) (Optical goods, Orthopedic Supplies) 2 1 2 1 1 1 1 Employment Agencies (private) 1 1 1 1 1 I Fabric Store 1 1 1 1 1 Farm b Implements, Tools 8 Heavy Construction Equipment 3 1 1 Farm Supplies j 3 1 1 SR R1 R2 R3 01 02 HB SCC _ LCC CBD CBDS_ M1 M2 NOTES I See section 1 SA.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 district, see section I SA.09.020 • 3 (•) refers to delinition In Chapter ISA. 02. 4110 lip 4 -1 TABLE OF PERMITTED LAND USES ' -. ZONING D)STRIC - S - O LAND USES SR R1 R2 R3 51 52 H8 SCC LCC C80 CBDS P11 P12 a- r s Flnanclal.InstitutIons 2 1 1 1 1 1 2 Florist 2 1 2 1 1 1 1 3 Food store specialty _ 1 2 1 1 1 1 Fuel oil and coal distributors 2 2 1 1 Furniture home furnishings, appliances 1 I 1 1 1_ I General hardware, garden equipment and supplies 2 2 - 2 1 1 1 Girt Shop(•) 2 1 2 1 1 1 1 . 3 Grocery /convenience store closed 1000 p.m. to 6:00 a.m. 2 2 _ 1 1 1 1 2 open 10.00 p.m. to 6 a.m. 3 3 2 1 L 1 2 Heating and plumbing equipment stores 2 2 1 1 1 Heavy equipment storage maintenance and repair 3 _ 2 1 1 Insurance agents, brokers and service agencies 1 1 9 1 1 1 1 Jewelry, watches, silverware sales and repair 1 2 1 1 1 1 kennels («) 3 3 2 1 Laundries, Laundromats and dry cleaning plants - -- 2 2 1 1 1 1 1 1 Liquor Stores 2 2 1 1 1 - Lumber yards " 3 2 1 1 1 -1 1 Medical and dental laboratories, orrices and c linics -- 3 1 1 2 2 1 1 1 2 W Motels and Hotels 2 1 1 1 N I Motorcycles sales and repair (including maintenance repair and parts) 2 2 1 1 2 Music stores 2 2 1 1 1 _, Nursery (») - - 3 1 1 1 1 1 Outdoor advertising (billboards) See Section 1 5.05.130 - Paint, glass and wallpaper stores 1 1 1 1 1 - - Pet stores, pet supplies and dog grooming i 1 1 1 1 - , printing, photocopy service 1 1 1 1 1 1 1 1 Professional orfice buildings for architects, attorneys, government, etc. 3 1 1 2 1 1 1 1 2 Radio / T V Studio 3 2. 1 1 1 1 2 Real estate off ices 3 1 1 2 1 1 1 1 2 1 Recycling center ( *) 1 1 Rental auto, truck and /or trailer, fleet leasing services 3 2 2 1 1 1 _ 1 2 Heavy equipment (except automotive) 2 2 1 2 Repairs: Small Appliances, TV's, Business Machines, 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 I SR R1 R2 R3 81 B2 H5 SCC LCC CBD CBDS P11 P12 NOTES: 1 See section 15.04020 1 (a -d) since Class (1) uses may require Class (2) review under certain conditions. 2. A higher level of review wi II be required If the use or development is in an overlay district, see section 15 09.020. 3. (") refers to definition in Chapter 15 02. TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES , 5R R1 R2 R3 B1 B2 HD SCC LCC CBD CODS M1 M2 . _.. . Restaurants, Cafes and Drive -In eating Facilities 0') 3 1 1 1 1 1 I Second Hand Store( *) 3 3 3 3 2 2 Service Station ( closed between 10:00 p.m. and 6.00 a.m (4) 2 3 1 1 1 1 1 open between 1000 p.m. and 6.00 a.m (4) 3 3 2 1 I 1 2 Shoe Repair and Shoe Shine Shops ` 1 2 1 1 1 I 2 Shooting Ranges (Indoor) \ ' 3 3 2 L. 1 _ 1 Signs a ■ See Chapter 15.08 Small Tools, Lawn /Garden Equipment, Sporting Goods, etc. 2 1 1 1 1, I 1 1 Sporting Goods, Bicycle Shops 1 2 _ 1 1 1 1 Taverns(*) and Bars, Dine, Drink and Dance Establishments 3 3 2 1 I . 1 1 Technical Equipment Sales 2 1 3 2 2 1 ` 1 3 3 Toy and Hobby Store i 1 2 1 1 1, 1 Truck Service Stations and Shops 3 . 1 1 1 Video Sales / Rental 2 1 2 1 1 .1 _ 1 3 Waste Material Processing and Junk Handling (•) 3 3 1 • 1 TRANSPORTATION TRANSPORTATION to Bus terminals, storage and maintenance facilities 1 1 1 1 N 1 Transportation brokerage ( offices; without truck parking 1 1 1 1 I 1 with truck parking 2 1 1 Contract truck hauling, rental of trucks with drivers ] 2 I I Air, rail, truck terminals (for short term storage office etc.) 2 1. 1 Railroad switch yards, maintenance and repair facilities, etc. 1 1 Taxicab terminals, maintenance and dispatching centers, etc 3 1 1 1 3 Airport landing field _ 1 UTILITIES UTILITIES Power generating facilities 3 1 Utility services (substations, etc.) 3 3 I 3 I 3 I 3 I 3 I 1 3 1 3 3 1 1 1 1 1 WHOLESALE TRADE-STORAGE WHOLESALE TRADE-STORAGE warehouses (•) 3 1 2 1 1 wholesale trade 2 1 1 1 1 Storage facilities, bulk (•) 3 3 1 1 commercial ( 3 2 2 1 I resldentlal mini- storage (5) 3 3 3 3 2 3 3 2 2 1 1 • NOTES: ! See section 15.04.020.! (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. . (") refers to definition In Chapter 15. 02. 41154 ee section 15.09020 for special development standards for service stations�er retail uses selling motor fuel. • o sales, storage of commercial goods, repair facilities, offices, light manuf or other uses shall be permitted In residential mini - storage facilities. M; 0 t 1 r r s w 1, I 1 III Section 17. Section 15.04:0'50 of t Yakima Municipal Code is hereby amended to read as follows. 15 04.050 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 must be compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified. (b) On -site Hazardous Waste Treatment and Storage _ Outside hazardous waste treatment and storage is permitted as an __ accessory use in the SR, B -1, B -2, SCC, LCC, CBD, CBDS, M -1 and M- 2 districts, subject to state citing criteria in the Washington Administrative Code adopted pursuant to the requirements of Chapter 70 105 RCW (c) Garages. - Private garages are permitted as an accessory use provided that in residential districts • they are primarily used to store motor vehicles that are used by the occupants >of the primary site use (d) pets - are permitted as an accessory use provided that in residential districts they are subject to following restrictions (see definition of Kennel): 1. They are a domesticated animal kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats except such as to constitute a kennel 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood. 3. Such animals are properly fed, watered and kept in a humane manner. Section 18. Section 15.04.055 of the Yakima Municipal Code is hereby enacted as a new section to read as follows: 15.04 055 prive -thru Facilities. Review Required - Any commercial use having • (a) a drive -thru service window or booth shall require one higher level of review than shown in Table 4 -1, except: -33- 1) Those noted as Class (3) review which will remain Class (3) review, and • 2) Financial institutions or properties that do not abut residential Bones. Such "drive -thru" facilities mean 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. (b) purpose - Such review is required in recognition of the potential impacts of drive -thru uses on adjoining residential uses and arterial systems. (c) Elements of Review - Review is intended to modify or mitigate negative impacts upon adjoining residential uses and arterial systems. It shall include consideration of impacts of noise and fumes to residential uses, of impacts to traffic flow and - carrying capacity to arterial system. Section 19 Section 15 04 090 of the Yakima Municipal Code is hereby amended to read as follows. 15 04 090 dome Occupations (a) purpose - the conduct of business within a property may be permitted in the residential districts under the provisions of this section It is the intent of this section to 1 Insure the compatibility of the home occupations or 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 part of this section Each permitted home occupation listed in Table 4 -2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district All permitted home occupations are subject to the standards of this title, including the specific conditions of Section 15 04 090(c) and applicable review procedures of Chapters 15 13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in Section 15.04.090(g). • -34- TABLE 4 -2 TABLE OF PERMITTED HOME OCCUPATIONS NI I SR Ri R2 R3 BI 4111 101 Class (1) Permitted Home Occupations © Class (2) Requires Review and Approval by the Administrative Official ,- > Class (3) Requires Public Hearin >4 1� © 9 and Approval b Y th e Z c i- 2 g El Hearing Examiner R E 4 LL � t Not Permitted �' y '' fix'' ¢ w 3 ¢ a. g CC Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 , 1 1 1 Attorney 1 1 1 1 , Barbershop, beauty parlor 2 2 2 2 B ed 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 Ceramics and sculpting 2 2 2 2 • Composer 1 1 1 1 Daycare Family Home" 1 1 1 1 1 Dentist 1 2 2 2 Dog Grooming 2 3 3 3 3 Dressmaker, seamstrees, tailor 1 1 1 1 Engineer 1 1 1 1 Food Preparation* 1 2 1 1 1 Home instruction• 1- 5 Students 1 1 1 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 Physlctan 1 2 2 2 Product Assemblage" 1 2 2 2 1 Music Teacher 1 1 1 1 Production of small articles by hand without the use of automated or 1 2 2 2 Production line equipment Radio Television and Small Appliance Repair 2 2 2 2 Real Estate Agent 1 1 1 1 Secretarial Phone Answering, Desk Top Publishing Service* 1 1 1 1 Small Engine Repair 2 wedding Service 2 2 2 2 2 • • Unclassified Home Occupations. See Section 15.04.090.6 . SR R1 R2 R3 B1 )407E5. ' 1 (•) Refers to def inition in Chapter 15.02. • -35- (c) necessary Conditions - Home occupations are permitted as an accessory use to the residential use of a property only when all of the following conditions are met: 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. 3. There are no external alternations to the building which changes its character from a dwelling a. The portion of the structure, or facilities in which a home occupation is to- be sited must be so designed that it may be readily converted to serve residential uses 4 The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors. 5 The home occupation does not generate • materially greater traffic volumes that would normally be expected in a residential neighborhood 6 There is no outside storage or display of any kind related to the home occupation 7 The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure 8 The home occupation does not require the use of electrical equipment that exceeds the FCC standards for residential use 9 The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood 10 A business license is purchased where required 11 The home occupation is conducted only by immediate family members residing in the dwelling -36- 12. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment In granting approval for a home occupation, the reviewing official may attach additional conditions to insure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be opened to inspection and review at all reasonable times for 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 and shall not exceed two square feet in area or be illuminated. (e) Application. Fee and Review Period - Application for a home occupation shall be made in accordance with the provisions of Chapter 15 11, except as noted, and shall be accompanied by the appropriate filing fee 1 The Administrative Official may waive part or all of the requirements for a site plan for Class (1) Home Occupations. (f) Unclassified Home Occupations. Review by the Hearing Examiner - Home occupations not listed in Table 4 -2 and subsection (g) shall be reviewed by the hearing examiner in accordance with the provisions of 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 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; -37- 8 Machine and sheet metal shops; 9. Martial arts school; 10. Taxidermist; 11. Two -way radio and mobile telephone system sales and service; 12. Vehicle sign painting (except for the application of decals). (h) Denial of Application for a Home nrcupation - An application for a home occupation shall be denied if the reviewing official finds that either the application or record fail to establish compliance with the provisions of this chapter. When any application is denied, the reviewing officer shall state the specific reasons, and shall cite the specific provisions and sections of this title on which the denial is based. (i) parking - The administrative official shall determine parking requirements for home occupations, as provided by Chapter 15.06.040(b). This determination may be guided by, but not restricted by, the standards of Chapter 15 06 Section 20 Subsection 15 04 120(b) of the Yakima Municipal Code is hereby amended to read as follows. 15.04.120 Placement of Mobile /Manufactured Homes in Residential Districts (b) Table of Review Requirements f o r 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 with a Class (1), (2) or (3) use All mobile /manufactured homes on individual lots are subject to the specific conditions of Section 15.04.120(c) and the applicable review procedures of 15 13, 15.14 and 15 15. Section 21. Subsection 15 04.120(c) of the Yakima Municipal Code is hereby amended to read as follows: 15.04.120 Placement of Mobile /Manufactured Homes _in Residential Districts (c) Siting Standards - All mobile /manufactured homes shall be installed in compliance with applicable City and County codes In addition, mobile /manufactured homes installed in the residential districts, not in mobile home parks, may be required to meet the following siting standards. 1 Roof Slope Roof slope shall be not less than • a two foot rise for 12 feet of horizontal run. -38- • • REVIEW REQUIREMENTS FOR E /MANUFACTURED HOMES 1 1 1 Permitted Use [Class (1) Review] In ap 1 2 1' Requires Review byZoningAdministrator In Xa ppn 9 or existing ' or [Class (2) Review] manufactured On Individual Lots in the 1 3 mobile Home Requires Review by the H.E [Class (3) Review] Parks home sub- - 1 1 Not Permitted divisions SR R -1 R-2 R -3 B-I MOBILE HOMES 1 SINGLE -WI DE MANUFACTURED HOMES 1 , 2 2 3 3 [not meeting the siting criteria In 15 04120(c)] SINGLE - WI DE MANUFACTURED HOMES 1 1 1 3 2 2 3 [meeting the siting criteria in 15 04.120(c)1 1 DOUBLE-WI DE MANUFACTURED HOMES id 'o [not meeting the siting criteria In 15 04120(c)1 1 ; 1 2 3 3 DOUBLE - WIDE MANUFACTURED HOMES [meeting the siting criteria in 15 04.120(c)1 1 1 1 2 2 2 1 2 goofing Materials. Roofing materials shall be compatible in appearance with surrounding site built homes. 4 11 0 3. Siding Materials. Siding materials shall be wood, Masonite, or other material compatible with surrounding site -built homes 4. pit Set - Shall be "pit set ", with first -floor elevation no more than 12 inches above existing grade. Skirting or sidewalls shall be installed around the perimeter, and the tongue and axle shall be removed. Section 22 Section 15.04.125 of the Yakima Municipal Code is hereby enacted as a new section to read as follows: ;5.04.125 Placement of Manufactured Modular ponresidential Structures. la) Purpose - To assure public safety and compatibility with the general character and integrity of the district (b) Standards - Modular, non - residential structures are permitted in all districts, subject to compliance with other standards of the district (c) Definition - A modular nonresidential structure manufactured with the intent of being transported to a fixed site and built in accordance with the Uniform Building Codes as adopted by the City /County. Section 23 Subsection 15 05 020(a) of the Yakima Municipal Code is hereby amended to read as follows 15.05.020 Site Design Requirement and Standards. (a) Table of Site Design Standards and Subdivision 'Requirements The provisions of this chapter and requirements in Table 5 -1 "Site Design Requirements and Standards" and Table 5 -2 "Subdivision Requirements" are hereby established for all development in the zoning districts indicated. ,Section 24 Subsection 15 05.020(g) of the Yakima Municipal Code is hereby amended to read as follows. 15.05.020 Site Design Requirements and Standards -40- (g) Fences and Walls. Standard Height - The following • provisions shall govern the location and height of fences and walls. (1) . Jn the front _yard - fences and walls may be placed on or behind the property line. However, no fence, or wall shall exceed four feet (4') in height within the required front yard setback area, except must conform to clear view triangle standards where applicable. In the residential districts, six feet (6') shall be the maximum height in the front yard behind the required setback. In commercial and industrial districts eight feet (8') shall be the maximum height in the front yard behind the required setback. (2). In the side yard - fences and walls may be placed on or behind the property line. However, no fence or wall shall exceed four feet (4') in height within the required sideyard setback area from a street. In residential districts, six feet (6') shall be the maximum height behind the required - street setback and in sideyards not bordering a street. In -the ___ commercial and industrial districts, eight feet (8') shall be the maximum height behind the required street setback and in the sideyards not bordering a street. (3). In the rear yard - fences and walls may be placed on or behind the property line. In the residential S districts six feet 6' 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 (8'). Eight feet (8') is the maximum rear yard fence height in the commercial and industrial districts. (4) Within the clearview triangle - no fence, hedge or wall shall be placed in the clearview triangles established in Section 15.05.040 of this title. (5) Fences over six feet in height - all fences over six feet (6') in height shall meet the provisions of the Uniform Building Code (6) . Fence height in combination with a reta3 ni ng wall - no combination of a fence and retaining wall shall exceed a height of ten feet (10'), 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 (3 ') fence above the retaining wall. Section 25. Subsection 15.05.020(i) of the Yakima Municipal Code is hereby enacted as a new subsection to read as follows: III -41- TABLE 5-1 DESIGN REOUIREMENTS AND STANDARDS • ZONING DISTRICTS SR R1 R2 R3 151 HB B2 SCC LCC CBD CBDS MI M2 a► ¢ t o SITE DESIGN REQUIREMENTS AND STANDARDS J > JJ ( W (�� W N a ZZ LL~ JQ �Q Q Q min g g CO � arz "2 gum 2 Z¢ L gn. Li;S u- ,_E VA' oW aW 21 W 1 Tr= ca :C au, mcn aN gN - Ov> m m z ~ LNtn F DW ZW w Dui Q7 (OD � W W W7— W V . �Z Z c0¢ m¢ cc 2¢ am 2 m _, (000 5 00 Uml7 Op ..+— - 4 DEVELOPMENT ON EXISTING LOTS OR PARCELS SEE SECTION 15 05 020 AND 15.19 040 LOT COVERAGE 45% I 50% I 80% I 85% I 90* 1 100* 1 Arterials 2 60 feet 40 feet Collectors 2 50 feet 30 feet FRONT Local Access 2 45 reet , Private Road 2 37 50 feet 50 feet 30 feet Minor Local Access 2 37.50 feet 20 feet Private Access Easement 3 10 feet STANDARD Arterials 2 50 feet [ 40 feet STRUCTURE Collectors 2 SETBACKS 5 40 feet Local Access 2 _ Private Road 2 32 50 feet SIDE Minor Local Access 2 40 feet I 30 feet I 20 feet Private Access Easement 3 or Properly Ltne 5 feet 0 i Resldentlal Dlstrlct 4 5 f e et 5 ft I 10 feet 15 ft 120 ft 1 30 feet 1 20 ft 1 30 feet t or 1/2 building height whichever Is greatest , 1 Commercial /Industrial District 4 N/A 1 5 feet I 0 ft 0 Property Line 15 ft 20 ft 15 feet 0 • REAR l Residential District 4 15 ft 20 ft 15 ft I5 ft I 1 ' or I /2 building height whichever Is greatest t 30 feet MAXIMUM BUILDING HEIGHT 35 feet 50 feet 135 ft 1 24 ft 1 35 ft 150 ft I N/A 150 ft I N/A STANDARD FENCE HEIGHT 6 SEE SUB-SECTION 15.05.020 (g) In Required Front Setbacks Not Permitted STANDARD SCREEN HEIGHT Behind Required Front Setbacks In Required Side and Rear Yards 15 feet SR 1 RI 1 R2 1 R3 I Ell I HO 1 82 1 SCC 1 LCC I COD 1 CBDS 1 M 1 1 M2 NOTES 1 Some open space may be required to assure conformity with the Intent and provisions of thls ordinance. 2. Measured from the centerline of rights-of -way 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 dlstrlcts 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 Measured from the edge of an easement not within a dedicated right -of -way or alignment of street. 4. Measured from abutting residential dlstrlcts. 5. Additional setbacks may be required to conform with the sltescreening requirements in Chapter 15 07 6 See Chapter 15.05.020 for fence standards on corner lots and along designed arterials 7 The rear setback from arterials, collectors and local access streets shall be the same as the front yard setback requirements tram arterials, collectors and local access streets, provided, the required rear setbacks shall not be less than the required setbacks from the property line _ 4 40 E 5 -2 SUBDIVISION REQUIREMENTS ZONING DISTRICTS SR RI R2 R3 51 HB 52 SCC LCC COD CODS M1 112 m 1— m a J Z 0 - SUBDIVISION REQUIREMENTS a - Q >- a -j 4 z ll Id Q F" Cr z t I }_ N Q 1-- CI) N U m w W J N F- m ¢ ¢ m Z , Z 4 Z U Z m w tL w w Z er Z Q Q w )J J F H Q w w w ,,to w w Z O Z J J w w W w w( Z- < U > U) H O U. Q -J > F- 0 > t- f F._ m > mo O O 00 IL- 0u/ NU) L., U) Q Z z Q Z z Z m to 1- I- 1.--,- O 4 Z w ..-7. w CC 7 O 7 E O w Q O w w 7 Z m Z w w N cr f H m E 7 Cr am ma) J m U) v V J u v l.J m 0 V O J = Z MAXIMUM NUMBER OF DWELLING UNITS PERMITTED SEE SECTION 15 04, TABLE 4 -1 PER NET RESIDENTIAL ACRE Detached S. F Dwellings (Der unit). 7,000 sq ft' 6,000 s3 5,000 sq ft RESIDENTIAL USES Detached 5. F Dwellings - Zero Lot Line (per unit) 5 , ! N (By Dwelling Type. 5 000 stl ft'' 4,000 sq ft 0 See Definitions In Detached 5. F Dwellings - O Section 15 02 Common Wall (per unit) N/A J 2 Two - Family Dwellings (Duplex) 8,000 sq ft' 7 000 sq ft z g Multi- Family Dwellings and Density may not exceed the maximum number of dwelling units permitted per net Planned Residential Development residential acre (See Table 4 -1, Sect. 15.04) PERMITTED NONRESIDENTIAL USES 10,000 sq. ft I 5,000 sq ft 110,000 s1 !acre none 1/2 acre 1 ALL - (Except Attached S.F Dwellings) 75 ft- 50 ft 100 feet none J 70 ft _ 60 feet Co STANDARD LOT WIDTH2 Attached S.F Dwellings - Common Wall 75 ft 50 ft 35 ft 50 ft N/A L " I SR R1 R2 I R3 81 I HB 82 ( SCC ( LCC I CBD I CBDS I 111 I 112 I . '. NOTES 1 In the Residential Dlstrlcts these minimums apply when the lots are served by a public or community water system and either the regional or an approved community sewer system. See Section 15.05 030.(C) If public /community water and /or regional community sewer are not provided. 2. The lot width at the rear line of the required front yard shall not be less than 50 feet. (Note: thls provision does not apply to COD District). .. 3 The lot width shall be at least 60 feet In the SR District when the lots are served by a public or community water system and either the regional or an approved community sewer system. 4. One acre shall be the minimum lot size In Residential Dlstrlcts within the Floodplaln, Airport, and Greenway Overlay Dlstrlcts. 5. See Special Development Standards for Zero lot tine Development, Section 15.090 040 ■ 15.05.020 Site Design Requirements and Standards. (i) Standard Screen Height - Is the maximum permitted height of a screen. A screen is a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds. Section 26 Subsection 15.05.040(2) of the Yakima Municipal Code is hereby amended to read as follows: 15.05.040 Vision Clearance at Intersections (2) Driveway Curbcuts - Applies only to uses established under the terms of this Title. A clearview triangle shall be maintained at all driveways and curbcuts for vision and safety purposes. - One angle shall be formed by lines a -- -- and b which are adjacent to the street and driveway. The line adjacent to the street shall follow the curbline or improved travel way. The sides of the triangle (a and b) forming the corner angle shall be fifteen feet (15') in length The third side of the triangle shall be a straight line connecting points c and d 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 Section 27 Section 15 06 020 of the Yakima Municipal Code is hereby amended to read as follows. 15.06.020 Off - street parking and loading spaces required No off - street parking or loading spaces shall be placed, constructed, located, relocated or modified after adoption of this title without first receiving a development permit from the building official All vehicle storage, off - street parking and loading spaces which are not themselves a principal use are accessory uses and shall be subject to the same procedures and review requirements as the principal use. All off - street parking and vehicle storage shall be provided in conformance with the provisions of this chapter Section 28 Subsection 15.06.040(a) of the Yakima Municipal Code is hereby amended to read as follows: 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 -44- These parking requirements are based on gross floor area. Gross III 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 (500) 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 (600) square feet. All required off - street parking shall be subject to the procedures of this title and the standards of this section Section 29 Subsection 15.06 050(d) of the Yakima Municipal Code is hereby amended to read as follows. 15.06.050 Computation of Required Spaces (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 and two - family (duplex) dwellings shall be counted as a required parking space Section 30 Subsection 15 06 090(a) of the Yakima Municipal Code is hereby amended to read as follows 15.06.090 Required Landscaping of Parking Areas (a) The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be five percent (5 %) of the total parking area. This may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5 -1. Section 31 Section 15 06.110 of the Yakima Municipal Code is hereby amended to read as follows. 15.06.110 Construction and Maintenance. All off - street parking and vehicle storage and motor vehicle sales lots having a capacity of three or more vehicles, shall be constructed in the following manner. 410 -45- TABLE 6- TABLE OF OFF- STREET PARKING STANDARDS LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) AGRICULTURE(COMMERCIAL) Agriculturally related Industries packing processing plants I space for each 300 sq ft. of gross floor area storage facilities 2 spaces for the first 1,000 sq ft of gross floor area plus I space for each additional 3,000 sq ft. AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION Game rooms, card rooms, electronic game rooms I space for each playing table or each 3 seats or each 3 machines, whichever Is greater Horse racing tracks, speedways, grandstands I space for each 3 fixed seats or 54' of bench Seating Bowling alleys 5 spaces for each lane Gymnasiums, exercise facilities I space for each 100 so' ft. of gross floor area Roller skating rink I space for each 250 SQ. ft. of skating surface area Swimming pool5 1 space for each 150 SQ ft. of water surface area Movie theatres 1 space for each 4 seats Auditoriums, exhibition hails I space for each 100 sq ft. of gross floor area COMMUNITY SERVICES COMMUNI SERVICES ( Churches, synagogues, temoles, 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 stx 01 Convalescent, nursing and group homes 1 space for each 2 beds ( Fire and police stations 1 space for each 200 so. ft. of gross floor area. Halfway house (detention center) 1 space for each 2 beds Hospital 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 I space for each 4 students over 16 years old Junior or community colleges 1 space for each 400 sq /t of gross floor area Juvenile detention centers 1.5 spaces for each bed Libraries I space for each 100 SQ. ft. of gross floor area Museums, art galleries I space for each 100 sq. ft. of gross floor area Preschools, daycare centers 1 space for each employee • I space for each 6 children Vocational schools • 1 space for each 400 sQ ft. of gross floor area MANUFACTURING (MASS PRODUCTION) MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing In Table 4 -1 1 I space' for each employee per maximum shlf t RESIDENTIAL RESIDENTIAL Single family dwelling 2 spaces Two family dwellings 4 spaces Multi- family dwellings (3 units) 5 spaces (4 units) 7 spaces (5 units) 8 spaces (6 units or more) j 1.5 spaces for each dwelling unit Retirement homes I space for each dwelling unit 1. • I TAB E 6 -1 TABLE OF OFF— STREET PARKING STANDARDS LAND USE PARKING STANDARDS RETAIL TRADE AND SERVICES PET AIL TRADE AND SERVICES Addressing. mailing. and stenographic services I space for each 300 sq 11. of gross poor area Advert lsing agencies • 1 space for each 300 sq fl of gross floor area Automoblle and truck, manufactured home, travel trailer sales I space for each 500 sq ft. of showroom and 1 space for each 1000 so 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 servlce 1 space for each 1 000 sq. 1t of gross floor area Paint and body repair 2 spaces per service area Including work bays Speclallted repair shops (battery radiator etc) 2 spaces per service area Including work bays Wrecking and dlsmanteling yards I space for each 500 sq. It of gross floor area Beauty and barber shops 1 space for each 75 sq. f t. of gross floor area Bed & Breakfast Inn I I spaces for each guest room Building and contractors 1 space for each 800 sq. It. of gross floor area Drug stores I space for each 200 so. ft. of gross floor area Employment agencies (private) 1 space for each 200 sq. It of gross floor area Farm supplies I space for each B00 sq ft. of gross floor area Financ la' inst1 tut Ions 1 space for each 200 sq. ft. of gross floor area Furniture, home furnishings, appliances l •space.for each 800 sq ft. of gross floor area Gas Station 1 space for each 300 sq. It of 9ross floor area Hardware store 1 - spate for each 300 sq ft. of G.F.A. of structure and permanent outside display sales area Heating and plumbing equipment stores I space for each 400 sq It. of gross floor area Heavy equipment, tractor and farm equipment repair I space for each 300 sq. It of gross floor area •" Home Occupations -- See Ch. 15.04.090(E X2) ( Household appliance, small engine, TV and furniture repair 1 space for each 300 50. ft. of gross floor area Insurance agents, brokers and service agencies I space for each 200 sq It. of gross floor area Liquor stores I space for each 300 sq ft of gross floor area Lumber yards 1 space for each 400 sq. ft. of gross floor aree of structure and covered storage area ur Nursery I space for each 400 sq: ft of G.F A of structure and permanent outside display and sales area Medical and dental laboratories, off Ices, and clinics I space for_ each 200 sq. fl. of gross floor area Motels and hotels 1.2 spaces for each guest room Multiple Use Centers (3 or more uses with shared parking) - having less than 25,000 sq. ft. of gross floor area I space f or each 300 so. ft of gross floor area having 25,001 - 400,000 sq. 1t. of gross floor area 4 spaces for each 1,500 50 It of gross floor area - having 400,001 - 600,000 50 ft. of gross floor area 5 spaces for each 2,250 so It 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 I space for each 400 sq It of gross floor area Professional office building for use by accountants, architects attorneys, etc I space for each 200 sq It. of gross floor area Radio and TV studios, of faces 1 space for each 300 sq. rt. of gross floor area Real estate offices 1 space for each 200 so 11 or gross floor area Residential mint- storage I spaces for each 300 sq. ft of gross floor area of office space Restaurants, cafes, and drive-In eating facilities I space for each 50 sq It. of Indoor public floor area & t space for ea. 200 sq. It. of outdoor public eating area. Retail service establishments In Table 4.1 but not listed In this table' 1 _space for each 300 sq ft. of gross floor area Retall trade establishments In Table 4.1 but not listed In this table having less than 25,000 sq. ft. of gross floor area I 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 rt. of gross floor area - having 400,001 - 600,000 sq. ft. of gross floor area 5 spaces for each 2,250 so 1t. of gross floor area having 600,001 • sq. It. of gross floor area 6 spaces for each 2,750 sq. 1t. of gross floor.area TABLE 6 -1 TABLE OF OFF- STREET PARKING STANDARDS LAND USE 1 PARKING STANDARDS PET AIL TRADE AND SERVICES RETAIL TRADE AND SERVICES Service stations 2 spaces for working/service area, including bays Shoe repair and shoe shops I space for each 300 sq ft of gross floor area Taverns and bars, dine drink, and dance establishments I space for each 75 50 ft of gross floor area waste material processing and funk handling I space for each 500 sq ft of gross floor area TRANSPORTATION TRANSPORTATION Bus Terminals, Storage & Maintenance Facilities I space for each 500 sq ft of gross floor area AIr Rail, & Truck Terminals 1 space for each 300 sq 1t of gross floor area Taxicab Terminals, Maintenance & Dispatching Centers 1 space for each 300 sq. ft of gross floor area UTILITIES UTILITIES Utility Services 1 space for each 800 sq ft. of gross floor area WHOLESALE TRADE WHOLESALE TRADE Wholesale Trade / warehouses 2 spaces for first 1 000 sq. It of gross floor area plus 1 space for each additional 3,000 sq. It. • Residential Mini-storage See residential mini- storage under retail and service category 00 1 411 411 • III (a) Sur facing Paved with two -inch (2 ") thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the reviewing official, so as to eliminate dust or mud. (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. (c) Border Barricades. Any parking, vehicle storage or motor vehicle sales area abutting the street property line shall provide a concrete curb or timber barrier at least six inches (6 ") in height and located at least two feet (2') from the street property line. The curb or barrier shall be securely anchored No curb or barrier shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. _ - (d) Markings All parking spaces (except motor vehicle sales areas) shall be marked by durable painted lines at least four inches (4 ") wide and extending the length of the stall or by curbs or other means approved by the reviewing official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe III and efficient use of the parking lot The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping and irrigation facilities in conformance with the standards of this chapter and the approved site plan Section 32 Section 15 08 020 of the Yakima Municipal Code is hereby amended to read as follows 15.0k3.020 Definitions For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein 1 "Abandoned Sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. 2. "Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state, local flags or any official flag at an institution or business will not be considered banners. 1111 3 "Canopy Sign" means any sign that is part of or attached to an awning, canopy, or other fabric, -49- plastic, or structural protective cover over a door, entrance, window, or outdoor service area. 4. "Changing message center sign" means an electronically controlled sign where different automatic changing messages are shown on the lampbank. This definition includes time and temperature displays. 5. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended 6. "Directional sign" see Section 15.08.020(13), off - premises directional sign, and Section 15.08.020(15), on- premises directional sign. Also see Section 15.08.120. Also see section 15.08.120. 7 "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and /or fixtures are used as part of the sign proper 8 "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one -third of the non constant light source is off at any one time. 9 "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground 10 "Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. See 15 08 150 See 15 08 150 11 "Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. 12 "Multiple- building complex" is a group of structures housing two or more retail, offices, or commercial uses sharing the same lot, access and /or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use 13. "Multiple- tenant building" is a single structure housing two or more retail, offices or commercial uses sharing the same lot, access and /or parking facilities, or a coordinated site plan For purposes of this section, each multiple building complex shall be considered a single use. See 15.08.140 -50- S 14. "Off- premises sign" means a sign which advertises ps merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which said sign is located. See 15.08 130 15. "Off- premises directional sign" means an off - premises sign with directions to a particular business. See 15.08.120(A) 16 "On- premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, name of the person, firm or corporation occupying the premises. See 15 08 120(a) ___ 17. "On- premises _directional _sign" means a sign __ _ --__ directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on -site locations. See 15 08 120(a) 18 "Political sign" means a sign advertising a candidate or candidates for public elective offices, or a IIII political party, or a sign urging a particular vote on a public issue decided by ballot 19 "Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material, which is not attached to the ground or a structure. This definition includes sidewalk, sandwich boards and portable readerboards (also see Section 15 08 020(28), temporary sign) 20 "Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face 21 "Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings 22. "Roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. See 15.08.090. 23. "Sign" means any medium, including its structural component parts which is 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 III -51- 24. "Sign area" means that area contained within a single continuous perimeter which encloses the entire sign cabinet, but excluding any support or 4111105 framing structure that does not convey a Sign Face message. PIZZA (e • b • c) 25. "Sign cabinet" means Sign PIZZA b the module or background containing Height the advertising message but excluding MIGi'S c sign supports, architectural framing, or other decorative features which contain no written or advertising Figure 8 - 1 copy 26 "Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. 27 "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet Street Nut-eft-2 28 "Street frontage" means Tr ntepe nowt the length in feet of a property line(s) or lot line(s) bordering a public , street. For corner lots each streetside 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 29 "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light non durable materials and portable signs as defined in Section 15.08.020(18). Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. See 15.08.110. 30 "Use identification sign" means a sign used to identify and /or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district. 31 "Wall sign" means any on - premise sign attached to or painted directly on, or erected against and parallel to the wall of a building See 15 08.100 -52- 1111 32. "Window sign" means, any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Section 33. Section 15.08.040 of the Yakima Municipal Code is hereby amended to read as follows. ,5.08.040 Exempt signs. Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this chapter are met: 1 Window signs; 2 Point of purchase displays; — such as product dispensers; 3 Gravestones; 4 Barber poles; III Historical site plaques; 6 Structures intended for a separate use such as phone booths, Goodwill containers, etc ; 7. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; 8 Directional, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority; 9. Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations; 10. Political signs which during a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided such signs shall not be posted more than ninety days before the election to which they relate and are removed within fifteen days following the election; Construction and real estate signs not exceeding • 11. thirty - two square feet in sign area; -53- 12. All temporary signs (see Sect. 15.08.110) except portable signs; 13. Church, school, or community center name and/or readerboards not exceeding thirty -two (32) square feet in sign area; 14. Canopy and awning signs. 15. On- premises signs not readable from the public right -of -way, i.e. menu boards, etc.; 16. On- premises directional signs; 17. Official public or court notices issued by a government agency or body or required or provided for under adopted statute. Section 34 Section 15 08.050 of the Yakima Municipal Code is hereby amended to read as follows. 15.08.050 Prohibited signs The following signs are prohibited 1 Signs on any vehicle or trailer that is parked on public or private property and visible from a public right -of -way for the purpose of circumventing the provisions of this chapter This provision shall not prohibit signs which are painted on or magnetically attached to any vehicle operating in the normal course of business, 2 Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic /street sign or signal; 3 Signs attached to utility, street light, and traffic - control standard poles; 4 Swinging projecting signs; 5. Signs in a dilapidated (having peeling paint, major cracks or holes, and /or loose or dangling materials) or hazardous condition; 6. Abandoned signs; 7. Signs on doors, windows, or fire escapes that restrict free ingress or egress; 8 Any other sign not meeting the provisions of this chapter -54- Section 35 Subsection 15.08 055 of the Yakima Municipal Code is hereby enacted as a new section to read as follows: 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) on conforming Sign Maintenance and Repair - Nothing in this title shall relieve the owner or user of a legal non conforming sign or owner of the property on which the non conforming sign is located from the provisions of this section regarding safety, maintenance, repair, and /or removal of signs. (See Section 15.08.160) Section 36 Section 15 08 060 of the Yakima Municipal Code is hereby amended to read as follows • 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 hereby 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 requirement as the principal use Section 37 Subsection 15 08 070(j) of the Yakima Municipal Code is hereby enacted as a new subsection to read as follows: 15.08.070 General Provisions (j) Any exterior lighting must be shielded and directed away from adjoining streets or residential uses Section 38 Section 15.08.100 of the Yakima Municipal Code is hereby amended to read as follows: 15.08.100 Wall Signs. All wall signs shall conform to the following provisions III 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 -55- Table 8 -1 TYPE AND NUMBER OF SIGNS PERMITTED ZONING DISTRICTS SIGN TYPE SRI RI I R2 I R3 I B1 I HB I B2 I SCC 1 LCC I CBD ICBDS[ M1 I M2 PERMITTED SIGNS Nameplate Subdivision Identification/ Permitted as an accessory use to an approved or existing use Project Identification' _ On Premise Roof /Portable Signs Not Permitted Class (1) Use Signs Freestanding, Subdivision /Prof 1D Only Are Subject to the Same Review and Projecting Procedural Requirements as the Principal Use Freeway See Section 15.08.150 Off Directional Clas 1 s Not Class Class Not Premise Advertising Permitted I Use : Permitted (2) (1 ) Signs . Billboards Use Use NUMBER OF SIGNS PERMITTED Nameplate 1 per dwelling Subdivision Identification/ Use Identification' On 1 per street frontage 1 per street frontage Premise Freestanding' Signs Projecting Not Wall /Roof /Portable Signs Permitted' Wall: See 15.08.100 / Roof See 15.08.090 / Temporary. See 15.08.1 10 Freeway Freeway See Section 15.08.150 Oft Directional Not Directional See Section 15.08.120(b) Premise — Advertising Permitted 0 1 Sign Per Parcel (Also See 15.08.130) Signs Billboards NOTES 1 Section 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 1111 1 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. Section 39. Section 15.08.110 of the Yakima Municipal Code is hereby amended to read as follows: 15.08.110 Temporary signs All temporary signs shall conform to the following 1. No temporary sign shall be displayed for more than thirty days at any one time nor more than ninety days during a calendar year. 2. Only one temporary sign on each street frontage per parcel or lot is permitted 3 No temporary sign shall be placed in a required parking space, driveway, or clearview triangle 4 No temporary sign may be placed in the public • right - - way or an easement unless specifically permitted by the City /County 5 Temporary signs placed on the ground shall be separated from parking and 'driveway areas by a curb or other barrier Section 40 Section 15 08 130 of the Yakima Municipal Code is hereby amended to read as follows. 15.08.130 Off- premises Signs and Billboards. (a) Billboards are Class (1) uses in the M -1 and M -2 districts; Class (2) uses in the CBD and CBDS districts; (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 (300) square foot per sign face; 2. There is not more than one product display per sign face; • 3 There are no side by side panels; -57- 4 Required front yard setbacks are met; 5. Billboards between a one - hundred fifty (150) and three - hundred. feet (300) radius of a residential district shall be restricted to one- hundred sixty (160) square feet per sign face and may not be lighted. 6. No billboard shall be located within one- hundred fifty (150) feet of a residential district. 7. The billboard is not within five hundred (500) lineal feat of another billboard having the same street frontage. 8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8 -3 of this chapter. 9. The total number of combined freestanding signs, ..off- premise signs and billboards__does not exceed the number of freestanding signs allowed for - — the property C. Off - Premise(s) signs are: Class (1) uses in the M -1 and M -2 districts; Class (2) uses in the B- 2,.CBD and CBDS districts. Off- premise 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 Section 41 Subsection 15.08 150 of the Yakima Municipal Code is hereby amended to read as follows 15.08.150 Freeway signs (a) purpose. The purpose of this section is to permit hotels /motels, restaurants, service stations, and fruit stands, near the freeway a larger on- premises sign to inform freeway travelers of their service. (b) Location - A use with more than one street frontage may substitute a freeway sign for one of its allowable freestanding signs. 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 -58- 0 S 2. Is within two - hundred fifty feet (250') of the f -way. (c) Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple building complex or for each development, whichever is most restrictive. (d) Uses with Drily One Frontage. Uses within the area described in Section 15.08.150(2) with only one street frontage may install a freeway sign in addition to the permitted freestanding sign. (e) Sign Height. The maximum height for freeway signs is shown in Table 8 -3. Section 42 Subsection 15.08.170(a) of the Yakima Municipal Code -- _ -is hereby amended to read as follows: _ _ 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 4110 standards of this chapter is proposed or when required as part of the detailed sign plan The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following 1 The physical components of the sign including sign size, height, shape, color, location and associated landscaping, and, 2 A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning districts; and, 3. For multiple tenant buildings and multiple building complexes a description of how the available sign area will be allocated between tenants or leasable spaces. Section 43. Section 25.09 090 of the Yakima Municipal Code is hereby amended to read as follows: 15.09.090 Special Requirements for Animal Husbandry. (a) purpose The purpose of this section is to assure that the raising of domesticated farm animals within the urban 4111 area is compatible with adjoining residential uses and the intent and character of the district in which they are located. -59- (b) Minimum Lot Size - The minimum lot size for animal husbandry within the Yakima Urban Area is one -half (1/2) acre. A lot at least one -half (1/2) 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 be otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and Section 15.09.050. (d) Minimum Setback - No portion of any structure used to house a domesticated farm animal shall be within one hundred feet of any residence other than the dwelling on the same lot. (e) 'Maximum Number of Animals - The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant. (f) Fencing - Fencing adequate to contain the animals shall be provided and maintained. 2ection 42 Section 15 09.110 of the Yakima Municipal Code is hereby enacted as a new section to read as follows 1 5 . 0 9.11 0 - Special requirements for Bed & preakfast Inns Bed and breakfast inns shall meet all applicable health, fire, safety and building codes. Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts in which motels and hotels are Class 1, 2, or 3 uses: (a) Some 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 -60- • 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 non - illuminated or externally illuminated sign not exceeding the maximum size allowed within the zoning district in which located, and bearing only the name of the inn and /or the operator shall be permitted. - _ (f) The reviewing official may authorize use of the bed and breakfast inn for receptions, group meetings, and special gatherings based upon the size of the inn, availability of adequate off- street parking spaces, public health considerations, and compatibility with the surrounding neighborhood • (g) The number of lodging or guest rooms in home occupations shall be no more than five. _ Zection 45 Section 15 11 020 of the Yakima Municipal Code is hereby amended to read as follows 15.11.020 Application Requirements. All applications shall comply with the following requirements (a) Applications shall be in writing on forms provided by the planning department, or for Class (1) uses, by the building official, (b) Applications shall include the information required by Table 11 -1, "Application Requirements." For Class (1) review, except Home Occupations, and for Class (2) or (3) _review for developed sites for which there is limited proposed change, the application shall include a general site plan in conformance with Section 15.11.040; provided, the reviewing official at his discretion may require additional information to clarify the application or determine compliance with the provisions of this title. For Class (3) review the application shall include a detailed site plan in conformance with Section 15 11 050; 4 11 1 -61- (c) All applications, except for Class (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 established in this title; (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 planning department; and (f) Applications for Class (2) and (3) review shall include an 11 "x 17" or smaller reproducible copy of the site plan. If the original site plan is larger than 11" x 17 ", a minimum of ten (10) additional copies and an 11" x 17" (or smaller) copy of the site plan shall be required. In the event of expanded review, •additional copies may be required at the applicant's expense. Site plans shall be developed in accordance with Sections 15.11.040 or 15.11 050, as applicable Section 46 Section 15.11 100 of the Yakima Municipal Code is hereby amended to read as follows 15.11.100 Fee Schedule and Administration The legislative bodies shall adopt and maintain a current schedule of fees and charges for actions pertaining to this title No application, permit, or appeal shall be accepted, processed, approved or issued unless and until the applicable fees and charges have been paid in full Section 47 Subsection 15 12 050(c) of the Yakima Municipal Code is hereby repealed Section 48. Section 15.12.060(a) of the Yakima Municipal Code is hereby amended to read as follows: 15.12.060 Expiration and Cancellation of Development permits and Certificates of Zoning Review. (a) Certificate of Zoning Review — Expiration - A certificate of zoning review shall automatically expire and terminate when 1 A new or modified certificate of zoning review has been issued for the same parcel or parcels; or -62- ,,_ III =LB 11 -2 MORT= MQ ii TS APPLICI TIONS FOR ... 1 2 3 e 0 u V C . r u A c NOTICE REQIIIRfl€NTS E. o re a a m O U a Q Ch Q a a b. oG U U Q :° 2 2 e e E 4z a Mailed after Preliminary - - -- •o Decision for Approval by X - - . _ -� - -- -- d the Reviewing Official i a Mailing /Publication/ o Posting at Least Twelve r Days Prior To Public X X X X 3 Hearing L W cc III a a t., To Parties of Record 0 X X X X a x . .c U '� To property Owners Within 300 Feet U X X X U X O O _ , `o One Legal Notice in Z 2 z .13 .r. Official Newspaper X X X C v c In Compliance With 'N Ch 15,11,090.3 and this X X a Table i. . 1 Includes Class (1) uses; development permits; temporary use permits; some home occupations 2 Includes Some Class (1) uses; Class (2) uses; Permits for temporary hardship units; some home occupations; some modifications to Class (1) and (2) uses 3 Includes Some Class (2) uses; Class (3) uses; change from one nonconforming use to another; some modifications to Class (2) and Class (3) devel- opment, including administrative adjustment of development standards for Class (3) uses III -63- 2. A development permit based on the certificate of zoning review has not been issued within one (1) year from the date of issuance of the certificate or a time period of not less than one (1) year specified by the reviewing official. 3. The development permit issued on said certificate expires, terminates, or is canceled under the provisions of this title. The planning department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The planning department shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County Assessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate Section 49 Subsection 15 15 040(b) of the Yakima Municipal Code is hereby amended to read as follows 15.15.040 Review. Procedures (b) Pub is Hearing - The planning department shall be responsible for assigning a date for, and assuring due notice of, a public hearing for each application. Notice of the time and place of the public hearing shall be given as provided for in Table 11 -2 The hearing examiner shall hold at least one (1) public hearing prior to rendering any decision Section 50 Subsection 15 15 050 of the Yakima Municipal Code is hereby amended to read as follows 15.15.050 Notice of Examiner's Decision. Copies of the examiner's decision shall be sent by certified mail to the applicant and copies of a "Summary of Decision" by regular mail to other parties of record in the case not later than three (3) 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. section 51 Section 15 17.050(b) of the Yakima Municipal Code is hereby amended to read as follows: 15.17.050 Modification of Approved and Existing Class (2) and (3) Uses and Development (b) Determination - Modifications to existing uses or development requiring Class (2) or (3) review or uses and -64- . 0 developments approved after Class (2) ,and (3) review, may be administratively and summarily approved by the planning department if the department determines 1. Any proposed change in the site design or arrangement. A. Will not increase residential density; and, B. Will not increase the amount of parking by more than ten percent (10 %) or twenty (20) spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty (20) spaces; and, C. Will not change or modify any special condition previously imposed under Class (1), (2) or (3) review; and, - _. - _. ____ - - D Will not increase the height of any structure; and, E Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening, and, 4111 F Will not expand an existing non conforming use, except as provided for in Section 15.17 020, or render a conforming structure non conforming; and, G In the determination of the planning department will not create or materially increase any adverse impacts or undesirable effects of the project 2 Any new use or change in use proposed. A Is a Class (1) or (2) use in that particular district; and, B Is similar in character and hours to the operation and the use originally approved or existing; and, C. The off - street parking and sitescreening requirements for the new use are equal to or less than the existing use; 3. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of Chapters 15.05 through 15 08 1111 Any proposed modification that does not meet all the requirements of this subsection shall be denied and shall be subject to the review procedures of Chapter 15.14 for -65- modifications of Class (1) and (2) uses and Chapter 15 15 for modifications of Class (3) uses. • $ection 52 Subsection 15.22.020 of the Yakima Municipal Code is hereby amended to read as follows: 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 planning department. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. $ection 53 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 24th day of August 1993. 4Ve■A< Mayor ATTEST City Clerk Publication Date 9 -1 -93 Effective Date 10 -1 -93 J 4 110 -66-