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Home My WebLink About2008-046 Yakima Urban Area Zoning Ordinance Amendment; YMC amendment to 15.01 thru 15.31 ORDINANCE NO 2008 -46 AN ORDINANCE relating to the regulation of land use and development in the City of Yakima, and amending Title 15 of the City of Yakima Municipal Code entitled the Yakima Urban Area Zoning Ordinance, specifically Chapters 15 01 through 15 31 of the Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Title 15, the "Yakima Urban Area Zoning Ordinance" of the City of Yakima Municipal Code, is hereby amended to read as specified in the attached document described as the "Yakima Urban Area Zoning Ordinance Update" dated September 2, 2008 Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 3. 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 2 " day of September, 2008 r <° 4 01 ,, David Edler, Mayor ATTEST dO uz City Clerk Publication Date. 9/5/08 Effective Date. 10/5/08 c1 r � DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ,` -.,. '1. ..1 Planning Division ~ a : " ' 129 North Second Street, 2nd Floor Yakima Washington 98901 v I > s (509) 575 -6183 • Fax (509) 575 -6105 • www.ci.yakima.wa.us rUP�� , r - s � waiw w rote August 25, 2008 Dear Mayor Edler and City Council Members: Following the August 19, 2008, Urban Area Zoning Ordinance Update Hearing I had the opportunity to further review the proposed changes to chapter 15.30 Airport Safety Overlay, and to speak with City staff on this matter It is my opuuon that the changes to chapter 15.30 of the proposed ordinance are minimal in nature, and do not change or affect the functionality of the chapter or ordinance. In addition, as I stated during the public hearing, it is my understanding that a new proposed Airport Safety Overlay chapter will be brought forward by airport staff in upcoming months. Be this as it may, City staff has brought to my attention that while the new Airport Safety Overlay is undergoing public review, that could take several months to complete, the existing • Airport Safety Overlay chapter still needs to be updated to be consistent with the rest of the ordinance m the interim. Therefore, it is my recommendation that the City Council adopt the proposed chapter 15.30 Airport Safety Overlay as originally submitted to avoid potential future inconsistency within the ordinance. To avoid confusion and questions of whether the proposed language meets the needs of the Yakima Air Terminal, I have requested that City staff contact the Yakima Air Terminal management team, to review the changes necessary at this time. After review and acceptance of the changes a letter clarifying their position on these changes would be asked for Sincerely, ; John Hodkinson Chairman Regional Planning Commission III Yakima ' II I . ,99. i talk YAKIMA AIR TERMINAL c' LUSTER FIELD 2400 West Washington Ave. Yakima, Washington 98903 (509) 575 -6149 (509) 575 -6185 Fax August 28, 2008 Dear Mayor Edler and City Council Members At the request of City staff and Mr John Hodkinson, Chairman of the Regional Planning Commission, the Yakima Air Terminal management team has reviewed the proposed changes to the Yakima Urban Area Zoning Ordinance Chapter 15 30, Airport Safety Overlay and has reported to the Board It is the opinion of the Yakima Air Terminal management staff and Board that the proposed changes • to the above chapter are not substantive, but are mainly grammatical and do not change the meaning or regulations within the chapter The Yakima Air Terminal understands that the proposed changes are necessary to maintain a working ordinance and supports the proposed changes as written as an interim solution during the review and adoption process of the new soon to be submitted Airport Overlay chapter Therefore, it is the recommendation of the Yakima Air Terminal Board that the Yakima City Council adopt chapter 15 30 Airport Safety Overlay as submitted with one request that the City Council adopt a Moratorium for any building of single family residential on one (1) to two (2) acre lots until such time as the proposed Airport Overlay is presented and adopted Sincerely, 1 , , William Wheeler, Board Chairman III City of Yakima 's Response to Public Comments Submitted on August 19, 2008 at the City Council Urban Area Zoning Ordinance Update Public Hearing This report provides a summary of public comments received during the Public Heanng on August 19, 2008 regarding the Urban Area Zoning Ordinance Update. This report follows the comments or suggestions by Chapter of the Zoning Ordinance, not the sequence of the comments submitted at the public heanng. Chapter 15.01 or 15A.01 Title, Purpose, Junsdiction County Comment • Adopt as drafted. • Need a revised Urban Growth Area legal descnption where the UAZO is applicable City of Yakima Position • City staff agrees with Yakima County and will adopt an updated Urban Growth Area legal descnption as soon as one is prepared • and agreed upon by both City and County staff. Recommendation The Urban Growth Area Boundary will be updated and added to the amended Zoning Ordinance. Chapter 15.02 Definitions County Comment • `Family' — Discuss the necessity of the extensive changes to the definition. City of Yakima Position • Due to questions on how to govern or zone for uses such as "clean and sober facilities" and "group homes ", City legal staff researched communities who have successfully regulated the uses and location of the above facilities, and found that in order to do so a city must properly define the term of "family" The City of Yakima Legal Department modeled its definition after the City of Edmonds whose definition of family was defined by the a legal challenge that was decided by the U S Supreme Court. • It has also been City staffs understanding from Mr Steve Enckson, Yakima County's Planning Manager that the county understood the need for this section and where it came from and would adopt this section with no changes Recommendation 'Legal and Planning staff recommend no change in the proposed ordinance. Page 1 of 9 Chapter 15.03 or 15A.03 Zoning Distncts County Comment • Floodplain Overlay (FO) — Subsection G should refer to the adopted Shoreline Master Program, rather then "the City s " City of Yakima Position • City staff agrees with this change Yakima County has adopted a combined Shorelines and Cntical Area ordinance which is different then the City's, therefore this difference is appropriate for Yakima County Recommendation No change in the proposed ordinance. Chapter 15 04 or 15A.04 Permitted Land Uses County Comment • 15A.04 120 Home Occupations — Discuss whether Firearms sales and /or gunsmith should be prohibited. City of Yakima Position • The home occupation of "firearms sales and /or gunsmith" has never been allowed or specifically listed as a permitted home occupation business. However, the RPC recommends that this use should be included in the list of "Not Permitted Home Occupation" (15 04 120 (G)) This listing does not effect an individual property owner the nght to own or repair personal fire arms This listing would prohibit a home occupation business in a residential zone as the discharging of fire arms within a home or garage is not compatible with the residential zoning distracts due to noise and other safety concerns. • Yakima County staff indicated during code review and editing secessions that they supported this code change. Recommendation No change in the proposed ordinance. Chapter 15.05 or 15A.05 Site Design and Improvement Standards County Comment • 15A.05 040 Vision Clearance — Discuss or defer for further consideration with other development standards. The County Engineer is unconvinced that this more complicated formula is better than the current practice City of Yakima Position. • City staff discussed this issue with Yakima County Planning Manager, Steve Erickson and agreed that the City of Yakima would recommend its version of the clear view triangle. The new clear view triangle is supported by the RPC and gives owners of corner lots more use of their property; while further protecting the j vision clearance area. The proposed clear view change is supported Page 2 of 9 by traffic engineenng standards of the Institute of Transportation Engineers (ITE) and Amencan Association of State Highway Transportation Officials (AASHTO) which provides an average of 3 seconds reaction time for a dnver at an intersection. The city has significantly more area developed with urban charactenstics such as small lots and neighborhood streets than the unincorporated, rural nature of Yakima County Recommendation No change in the proposed ordinance. Chapter 15.06 or 15A.06 Off - Street Parking and Loading Chapter 15.07 or 15A.07 Sitescreening Chapter 15.08 or 15A.08 Signs County Comment • Adopt as drafted. City of Yakima Position • City staff agrees with the above Recommendation. No change in the proposed ordinance. Chapter 15.09 or 15A.09 Special Development Standards County Comment • 15A.09 100 (1) Pnvate Street Review Requirements Discuss or defer consideration of the requirement that pnvate streets may only be approved as part of a Master Planned Development Overlay, Mobile /Manufactured Home Park, Condominium or Binding Site Plan. The balance of the section appears workable • 15A.09 110 Reasonable Accommodation Process Do not adopt; discuss or defer for recommendation by Corporate Counsel — as worded it applies only to the City City of Yakima Position • 15 09 100 (1) Pnvate Street Review Requirements. Yakima County already allows development of private streets. This is one area the City of Yakima was changing to be in agreement with the County It was City staffs understanding that this section was not at issue and Yakima County never brought this concern forward before or at the final RPC heanng. City staffs recommendation is to adopt the suggested language as drafted and recommended by the RPC • 15 09 110 Reasonable Accommodation Process. This proposed section comes from state law which requires that city s accommodate and allow for waiver or vanance of provisions of its municipal code which would restnct the nghts of a disable person • under the statutory nghts of the Amencans with Disabilities Act, Fair Housing Act or Washington Law Against Discnmmation. Page 3 of 9 The modified wording was derived from the City s Legal Department and the City of Edmonds municipal code City staff's recommendation is to adopt the proposed section as wntten. Not adopting this portion of code leaves the city liable if a portion of its codes does not accommodate /prohibits the needs of a disable person. Recommendation No change in the proposed ordinance. Chapter 15.10 or 15A.10 Conditions of Approval County Comment • Adopt as drafted. City of Yakima Position • City staff agrees with the above Recommendation No change in the proposed ordinance. Chapter 15.11 or 15A.11 General Application Requirements County Comment • 15A.11 080 Processing Applications — The section needs to reference Yakima County s Title 16B (Project Permit Review) That Title supersedes the misleading timeframes. • 15A.11 090 Notice Requirements — The section needs to reference Yakima County's Title 16B (Project Permit Review) That Title supersedes the misleading timeframes • 15A.11 110 Master Applications — The section needs to reference Yakima County's Title 16B (Project Permit Review) Consider deleting Subsection B pertaining to fees (That section was developed in 1987) City of Yakima Position • City staff agrees that the above should be adopted for Yakima County as it currently has a different applicable General Apphcation/Notice title then the City of Yakima. However, City and County staff have agreed to try to create a broad General Application chapter in its upcoming update next year Recommendation No change in the proposed ordinance. Chapter 15.12 or 15A.12 Permits County Comment • 15A.12 070 Certificates of Occupancy under YCC Title 13 are under the purview of the Building Official and should remain so in the County's. UAZO City of Yakima Position • The only change in this section was the title of the official Yakima County has a different title for the appropnate official Recommendation No change in the proposed ordinance. Page 4 of 9 Chapter 15.13 or 15A.13 Type 1 Review County Comment • Adopt as drafted. City of Yakima Position • City staff agrees with the above Recommendation No change in the proposed ordinance. Chapter 15.14 or 15A.14 Type 2 Review County Comment • 15A.14 040 The section needs to reference Yakima County s title 16B (Project Permit Review) That Title supersedes the timeframes regarding Preliminary Decisions (Section 1) and Notification of Final Decision (Section 7) • 15A.14 040 (2) Notification to Adjacent Property Owners — is currently 300 feet not 500 The additional notice has a budget impact that is not offset by fees. Council Member Catitiley also asked for background on this item. City of Yakima Position • In 2003, the City of Yakima adopted new policies for public • participation and notice requirements in response from concerns that notice requirements are not adequate and a finding from the Heanng Board that notice and public participation measures may not be adequate. Since that time, city staff has provided wntten notice to property owners within 500 feet of the subject development. This change in the Zoning Ordinance section 15A.14 040 (as well as several other references in the Ordinance) from 300 feet to 500 feet would be consistent with the city pohcy directives established in 2003 Recommendation: This is a Council policy issue. Chapter 15.15 or 15A.15 Type 3 Review County Comment • References in the text should be to the Planning Division, not the Planning Department. City of Yakima Position • City staff agrees with this change for Yakima County as they have a different organizational structure Recommendation No change in the proposed ordinance. Chapter 15.16 or 15A.16 Appeals County Comment • This section needs to reference Yakima County s Title 16B (Project Permit Review) Page 5 of 9 City of Yakima Position • City staff agrees that the above should be adopted for Yakima County as it currently has a different applicable General Application/Notice title then the City of Yakima. However, City and County staff have agreed to try to create a universal General Application chapter in its upcoming update next year Recommendation No change in the proposed ordinance. Chapter 15.17 or 15A.17 Modifications Chapter 15.18 or 15A.18 Existing Uses and Development County Comment • Adopt as drafted. City of Yakima Position • City staff agrees with the above. Recommendation No change in the proposed ordinance. Chapter 15.19 or 15A.19 Nonconforming Uses County Comment • Yakima County will not adopt since the two Junsdictions already have differences in the Nonconforming chapters of the Zoning Ordinance. City of Yakima Position • City staff agrees with the above. Both City and County staff tned to refine the nonconforming chapter of the ordinance, but were unable to resolve the differences between the two codes in the short amount of time This chapter has been flagged for further review in the upcoming zoning amendments. Recommendation No change in the proposed ordinance. Chapter 15.20 or 15A.20 Administration County Comment • 15A.20 020 A. Office Established. — This section should read. "The Administrative Official shall be that person designated by the legislative body to enforce the provisions of this title and administer the assigned provisions of this title or his designee " (Deletes reference to the building code administered and enforced by the Building Official under YCC Title 13) City of Yakima Position • City staff agrees with this change for the County as they have a different organizational structure Recommendation. No change in the proposed ordinance. Chapter 15.21 or 15A.21 Vanances Chapter 15.22 or 15A.22 Interpretations Chapter 15.23 or 15A.23 Amendments and Rezones Chapter 15.24 or 15A.24 Revocation of Permits or Approvals Page 6 of 9 • County Comment • Adopt as drafted. City of Yakima Position • City staff agrees with the above Recommendation No change in the proposed ordinance. Chapter 15.25 or 15A.25 Violations and Enforcement and Administration County Comment • Amendments to this Chapter transfer the zoning enforcement authonty from the Building Official to the Administrative Official. The change is worth consideration but the County s Building and Fire Safety Division currently has the enforcement personnel This section could also be modified to include the civil infraction penalties provisions recently made part of YCC Title 13 City of Yakima Position • City staff agrees with this change for the County as they have a different organizational structure Recommendation No change in the proposed ordinance. Chapter 15.27 or 15A.27 Cntical Areas County Comment • Yakima County will not adopt. Although similar to YCC Titles 16A and 16C, it would require County staff to administer three Cntical Area codes City of Yakima Position • City staff agrees that Yakima County should not adopt this chapter Recommendation No change in the proposed ordinance. Chapter 15.28 or 15A.28 Master Planned Development Overlay Mike Shinn of Velikanje Halverson Comments • Mr Shinn recommended that Yakima City Council eliminate Section 15.28 030 specifically the sentences which states "Applications for Master Planned Development Overlays which transcend junsdictional boundanes shall complete one of the following prior to acceptance of the application for processing 1 Annexation of the remainder of the property lying outside of city limits into the City of Yakima, or 2 Submit a petition for annexation to the Yakima City Council for the above mentioned property, and attain and submit an early transfer of Jurisdiction letter to the City of Yakima releasing the proposed land use application to be processed by the City of Yakima. • It was also suggested that Section 15.28 080 (B) be amended to follow the Type (1) Review process rather than a Type (2) Page 7 of 9 Yakima County Comments submitted at the heanng recommended adoption as wntten. City of Yakima Position • In regard to Section 15.28 030, the pnmary issue is whether a developer should have to annex into the city of Yakima for processing of a review If the developer does not want to annex, the city would limit their review to properties located with the city limits. This language is not an attempt to force someone to annex into the city, but to provide a process that allows the entire project to be reviewed by one entity utilizing one set of development standards. It is the developers choice as to which method they choose to proceed. • It is also City of Yakima staffs position that the request to have Section 15.28 080 (B) changed to a Type (1) Review should not be granted. Master Planned Developments are defined as five or more acres in size and have a potential to affect numerous surrounding property owners. In addition, the Type (1) Review process does not allow for notification of surrounding property owners, as it only requires site plan review, building permit, and /or business license. The public review process for planned developments is very extensive requinng numerous public heanngs and public input. To eliminate notice requirements for changes which the general public may have fought for could be viewed as betraying the publics trust. Recommendation. No change in the proposed ordinance. Chapter 15.30 or 15A.30 Airport Safety Overlay County Comment • Changes to this Chapter are fairly minor Considenng the fact that the Airport Board is recommending a new Airport Overlay Distnct, County staff suggests deferring action on changes to Chapter 15A.30 City of Yakima Position. • City staff strongly disagrees with this recommendation both for Yakima County and the City of Yakima s code Numerous changes have been made through out the proposed zoning ordinance removing the Reviewing Official (formerly the Building Codes Manager) and transfemng authonty to the Administrative Official (the Director of Community & Economic Development), should changes not be made to this chapter language such as Reviewing Official and Class of Review will remain and will be inconsistent with the rest of the ordinance possibly rendenng this chapter of the ordinance nonfunctional Page 8 of 9 • To ensure that these changes are considered minor and do not change the functionality of the existing ordinance the Chairman of the Regional Planning Commission has asked City staff to consult with the Yakima Air Terminal (please see attached letters) Recommendation No change in the proposed ordinance. Chapter 15.31 or 15A.31 Intuitional Overlay County Comment • Adopt as drafted. City of Yakima Position City staff agrees with the above statement. Recommendation No change in the proposed ordinance. Page 9 of 9 BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No f 6 For Meeting of September 2, 2008 ITEM TITLE Consideration of an Ordinance relating to the regulation of land use and development in the City of Yakima, and amending Title 15 of the City of Yakima Municipal Code entitled the Yakima Urban Area Zoning Ordinance, specifically Chapters 15 01 through 15 31 of the Yakima Municipal Code This ordinance follows a Joint City — County Public Hearing that was conducted on August 19, 2008 SUBMITTED BY William R. Cook, Director of Community & Economic Development CONTACT PERSON / TELEPHONE. Jeff Peters, Assistant Planner, 575 -6163 SUMMARY EXPLANATION On August 19, 2008 the Yakima City Council and Yakima County Commissioners conducted a joint public hearing to consider the recommendations of the Regional Planning Commission regarding update of the Yakima Urban Area Zoning Ordinance (YMC 15) The public comment portion of the hearing was closed • Resolution Ordinance X Contract Other_(Specify) Summary of public comments and revised Ordinance Funding Source N/A APPROVAL FOR SUBMITTAL. --)� City Manager STAFF RECOMMENDATION The Regional Planning Commission recommends these amendments after conducting necessary hearings and public review process JOINT CITY - COUNTY RECOMMENDATION Pass the Ordinance amending the Yakima Urban Area Zoning Ordinance to implement the changes in (YMC 15) COUNCIL ACTION III p i ,) F Y Nk 1 • J vet � . __ J o -woo A. ti OR.AT 4a Department of Community and Economic Development Office of Planning 129 North Second Street, 2nd Floor Yakima, WA 98901 Yakima Urban Area Zoning Ordinance Update September 2, 2008 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: September 2, 2008 ITEM TITLE: Consideration of an Ordinance relating to the regulation of land use and development in the City of Yakima, and amending Title 15 of the City of Yakima Municipal Code entitled the Yakima Urban Area Zoning Ordinance, specifically Chapters 15.01 through 15.31 of the Yakima Municipal Code. This ordinance follows a Joint City — County Public Hearing that was conducted on August 19, 2008. SUBMITTED BY: William R. Cook, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163 SUMMARY EXPLANATION: On August 19, 2008 the Yakima City Council and Yakima County Commissioners conducted a joint public hearing to consider the recommendations of the Regional Planning Commission regarding update of the Yakima Urban Area Zoning Ordinance (YMC 15). The public comment portion of the hearing was closed. Resolution Ordinance X Contract Other_(Specify) Summary of public comments and revised Ordinance Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: The Regional Planning Commission recommends these amendments after conducting necessary hearings and public review process JOINT CITY - COUNTY RECOMMENDATION: Pass the Ordinance amending the Yakima Urban Area Zoning Ordinance to implement the changes in (YMC 15) COUNCIL ACTION: ORDINANCE NO. 2008 - AN ORDINANCE relating to the regulation of land use and development in the City of Yakima, and amending Title 15 of the City of Yakima Municipal Code entitled the Yakima Urban Area Zoning Ordinance, specifically Chapters 15.01 through 15.31 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Title 15, the "Yakima Urban Area Zoning Ordinance" of the City of Yakima Municipal Code, is hereby amended to read as specified in the attached document described as the "Yakima Urban Area Zoning Ordinance Update" dated September 2, 2008. Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. 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 2 day of September, 2008. David Edler, Mayor ATTEST: City Clerk Publication Date: Effective Date: ccr ,, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Y -t. ��' , Planning Division n a 3 129 North Second Street, 2nd Floor Yakima, Washington 98901 V , > s (509) 575 -6183 • Fax (509) 575 -6105 • www.ci.yakima.wa.us S rll f ✓ t){E , �N Mrr August 25, 2008 Dear Mayor Edler and City Council Members: Following the August 19, 2008, Urban Area Zoning Ordinance Update Hearing I had the opportunity to further review the proposed changes to chapter 15.30 Airport Safety Overlay, and to speak with City staff on this matter. It is my opinion that the changes to chapter 15.30 of the proposed ordinance are minimal in nature, and do not change or affect the functionality of the chapter or ordinance. In addition, as I stated during the public hearing, it is my understanding that a new proposed Airport Safety Overlay chapter will be brought forward by airport staff in upcoming months. Be this as it may, City staff has brought to my attention that while the new Airport Safety Overlay is undergoing public review, that could take several months to complete, the existing Airport Safety Overlay chapter still needs to be updated to be consistent with the rest of the ordinance in the interim. Therefore, it is my recommendation that the City Council adopt the proposed chapter 15.30 Airport Safety Overlay as originally submitted to avoid potential future inconsistency within the ordinance. To avoid confusion and questions of whether the proposed language meets the needs of the Yakima Air Terminal, I have requested that City staff contact the Yakima Air Terminal management team, to review the changes necessary at this time. After review and acceptance of the changes a letter clarifying their position on these changes would be asked for. Sincerely, f i ' '' -i T( John Hodkinson Chairman Regional Planning Commission Yakima 1r 11 ri 1491 • YAKIMA AIR TERMINAL McALLISTER FIELD 2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575 -6149 • (509) 575 -6185 Fax August 28, 2008 Dear Mayor Edler and City Council Members: At the request of City staff and Mr. John Hodkinson, Chairman of the Regional Planning Commission, the Yakima Air Terminal management team has reviewed the proposed changes to the Yakima Urban Area Zoning Ordinance Chapter 15.30, Airport Safety Overlay and has reported to the Board. It is the opinion of the Yakima Air Terminal management staff and Board that the proposed changes to the above chapter are not substantive, but are mainly grammatical and do not change the meaning or regulations within the chapter. The Yakima Air Terminal understands that the proposed changes are necessary to maintain a working ordinance and supports the proposed changes as written as an interim solution during the review and adoption process of the new soon to be submitted Airport Overlay chapter. Therefore, it is the recommendation of the Yakima Air Terminal Board that the Yakima City Council adopt chapter 15.30 Airport Safety Overlay as submitted with one request that the City Council adopt a Moratorium for any building of single family residential on one (1) to two (2) acre lots until such time as the proposed Airport Overlay is presented and adopted. Sincerely, William Wheeler, Board Chairman City of Yakima's Response to Public Comments Submitted on August 19, 2008 at the City Council Urban Area Zoning Ordinance Update Public Hearing This report provides a summary of public comments received during the Public Hearing on August 19, 2008 regarding the Urban Area Zoning Ordinance Update. This report follows the comments or suggestions by Chapter of the Zoning Ordinance, not the sequence of the comments submitted at the public hearing. Chapter 15.01 or 15A.01 Title, Purpose, Jurisdiction County Comment: • Adopt as drafted. • Need a revised Urban Growth Area legal description where the UAZO is applicable. City of Yakima Position: • City staff agrees with Yakima County and will adopt an updated Urban Growth Area legal description as soon as one is prepared and agreed upon by both City and County staff. Recommendation: The Urban Growth Area Boundary will be updated and added to the amended Zoning Ordinance. Chapter 15.02 Definitions County Comment. • `Family' — Discuss the necessity of the extensive changes to the definition. City of Yakima Position: • Due to questions on how to govern or zone for uses such as "clean and sober facilities" and "group homes ", City legal staff researched communities who have successfully regulated the uses and location of the above facilities, and found that in order to do so a city must properly define the term of "family". The City of Yakima Legal Department modeled its definition after the City of Edmonds whose definition of family was defined by the a legal challenge that was decided by the U. S Supreme Court. • It has also been City staffs understanding from Mr. Steve Erickson, Yakima County's Planning Manager that the county understood the need for this section and where it came from and would adopt this section with no changes. Recommendation: Legal and Planning staff recommend no change in the proposed ordinance. Page 1 of 9 • Chapter 15.03 or 15A.03 Zoning Districts County Comment: • Floodplain Overlay (FO) — Subsection (; should refer to the adopted Shoreline Master Program, rather then "the City's..." City of Yakima Position: • City staff agrees with this change. Yakima County has adopted a combined Shorelines and Critical Area ordinance which is different then the City's, therefore this difference is appropriate for Yakima County. Recommendation: No change in the proposed ordinance. Chapter 15.04 or 15A.04 Permitted Land Uses County Comment: • 15A.04.120 Home Occupations — Discuss whether Firearms sales and /or gunsmith should be prohibited. City of Yakima Position: • The home occupation of "firearms sales and /or gunsmith" has never been allowed or specifically listed as a permitted home • occupation business. However, the RPC recommends that this use should be included in the list of "Not Permitted Home Occupation" (15.04.120 (G)). This listing does not effect an individual property owner the right to own or repair personal fire arms. This listing would prohibit a home occupation business in a residential zone as the discharging of fire arms within a home or garage is not compatible with the residential zoning districts due to noise and other safety concerns. • Yakima County staff indicated during code review and editing secessions that they supported this code change. Recommendation: No change in the proposed ordinance. • Chanter 15.05 or 15A.05 Site Design and Improvement Standards County Comment: • 15A.05.040 Vision Clearance — Discuss or defer for further consideration with other development standards. The County Engineer is unconvinced that this more complicated formula is better than the current practice. City of Yakima Position: • City staff discussed this issue with Yakima County Planning Manager, Steve Erickson and agreed that the City of Yakima would recommend its version of the clear view triangle. The new clear view triangle is supported by the RPC and gives owners of corner lots more use of their property, while further protecting the vision clearance area. The proposed clear view change is supported Page 2 of 9 by traffic engineering standards of the Institute of Transportation Engineers (ITE) and American Association of State Highway Transportation Officials (AASHTO) which provides an average of 3 cernnrdc reartinn time fora rlriver at an int The rite has significantly more area developed with urban characteristics such as small lots and neighborhood streets than the unincorporated, rural nature of Yakima County . Recommendation: No change in the proposed ordinance. Chapter 15.06 or 15A.06 Off - Street Parking and Loading Chapter 15.07 or 15A.07 Sitescreening Chapter 15.08 or 15A.08 Signs County Comment: • Adopt as drafted. City of Yakima Position: • City staff agrees with the above. Recommendation: No change in the proposed ordinance. Chapter 15.09 or 15A.09 Special Development Standards County Comment: • 15A.09.100 (1) Private Street Review Requirements. Discuss or defer consideration of the requirement that private streets may only be approved as part of a Master Planned Development Overlay, Mobile /Manufactured Home Park, Condominium or Binding Site Plan. The balance of the section appears workable. • I5A.09.110 Reasonable Accommodation Process. Do not adopt; discuss or defer for recommendation by Corporate Counsel — as worded it applies only to the City. City of Yakima Position: • 15.09.100 (1) Private Street Review Requirements. Yakima County already allows development of private streets. This is one area the City of Yakima was changing to be in agreement with the County. It was City staffs understanding that this section was not at issue and Yakima County never brought this concern forward before or at the final RPC hearing. City staffs recommendation is to adopt the suggested language as drafted and recommended by the RPC. • 15.09.110 Reasonable Accommodation Process. This proposed section comes from state law which requires that city's accommodate and allow for waiver or variance of provisions of its municipal code which would restrict the rights of a disable person under the statutory rights of the Americans with Disabilities Act, Fair Housing Act or Washington Law Against Discrimination. Page 3 of 9 The modified wording was derived from the City's Legal Department and the City of Edmonds municipal code. City staff s recommendation is to adopt the proposed section as written. Not adopting this portion of code leaves the city liable if a portion of its codes does not accommodate /prohibits the needs of a disable • person. Recommendation: No change in the proposed ordinance. Chapter 15.10 or 15A.10 Conditions of Approval County Comment: • Adopt as drafted. tif r ccn i (1)?!1(1!! • City staff agrees with the above. Recommendation: No change in the proposed ordinance. Chapter 15.11 or 15A.11 General Application Requirements vunay �urrcrneru. • 15A.11.080 Processing Applications — The section needs to reference Yakima County's Title 16B (Project Pesiiait Review). That Title supersedes the misleading timeframes. • 15A.11.090 Notice Requirements — The section needs to reference Yakima County's Title 16B (Project Pelinit Review). That Title supersedes the misleading timeframes. • 15A.11.110 Master Applications — The section needs to reference Yakima County's Title 16B (Project Permit Review). Consider deleting Subsection B pertaining to fees (That section was developed in 1987). City of Yakima Position: • City staff agrees that the above should be adopted for Yakima County as it currently has a different applicable General Application/Notice title then the City of Yakima. However, City and County staff have agreed to try to create a broad General Application chapter in its upcoming update next year. Recommendation: No change in the proposed ordinance. Chapter 1 5 . 1 2 or 15A.12 Permits County Comment: • 15A.12.070 Certificates of Occupancy under YCC Title 13 are under the purview of the B Official and should remain so in the County's UAZO. City of Yakima Position: • The only change in this section was the title of the official. Yakima County has a different title for the appropriate official. Recommendation: No change in the proposed ordinance. Page 4of9 Chapter 15.13 or 15A.13 Type 1 Review County Comment: • Adopt as drafted. City of Yakima Position: • City staff agrees with the above. Recommendation: No change in the proposed ordinance. Chapter 15.14 or 15A.14 Type 2 Review County Comment: • 15A.14.040. The section needs to reference Yakima County's title 16B (Project Permit Review). That Title supersedes the timeframes regarding Preliminary Decisions (Section 1) and Notification of Final Decision (Section 7). • 15A.14.040 (2) Notification to Adjacent Property Owners — is currently 300 feet not 500. The additional notice has a budget impact that is not offset by fees. Council Member Cawley also asked for background on this item. City of Yakima Position: • In 2003, the City of Yakima adopted new policies for public participation and notice requirements in response from concerns that notice requirements are not adequate and a finding from the Hearing Board that notice and public participation measures may not be adequate. Since that time, city staff has provided written notice to property owners within 500 feet of the subject development. This change in the Zoning Ordinance section 15A.14.040 (as well as several other references in the Ordinance) from 300 feet to 500 feet would be consistent with the city policy directives established in 2003. Recommendation: This is a Council policy issue. Chapter 15.15 or 15A.15 Type 3 Review County Comment: • References in the text should be to the Planning Division, not the Planning Department. City of Yakima Position: • City staff agrees with this change for Yakima County as they have a different organizational structure. Recommendation: No change in the proposed ordinance. Chapter 15.16 or 15A.16 Appeals County Comment: • This section needs to reference Yakima County's Title 16B (Project Peiiuit Review). Page 5 of 9 City of Yakima Position: • City staff agrees that the above should be adopted for Yakima County as it currently has a different applicable General • Application/Notice title then the City of Yakima. However, City and County staff have agreed to try to create a universal General Application chapter in its upcoming update next year. • Recommendation: No change in the proposed ordinance. Chapter 15.17 or 15A.17 Modifications Chapter 15.18 or 15A.18 Existing Uses and Development County Comment: • Adopt as drafted. • y,.ti v ( r r n.tlnri riS • City staff agrees with the above. Recommendation: No change in the proposed ordinance. Chapter 15.19 or 15A.19 Nonconforming Uses County Comment: • Yakima County will not adopt since the two jurisdictions already have differences in the Nonconforming chapters of the Zoning Ordinance. City of Yakima Position: • City staff agrees with the above. Both City and County staff tried to refine the nonconforming chapter of the ordinance, but were unable to resolve the differences between the two codes in the short amount of time. This chapter has been flagged for further review in the upcoming zoning amendments. Recommendation: No change in the proposed ordinance. Chapter 15.20 or 15A.20 Administration County Comment: • 15A.20.020 A. Office Established. — This section should read: "The Administrative Official shall be that person designated by the legislative body to enforce the provisions of this title and administer the assigned provisions of this title, or his designee." (Deletes r t th building code administered and enforced by the Building Official under YCC Title 13). City of Yakima Position: • • City staff agrees with this change for the County as they have a different organizational structure. Recommendation: No change in the proposed ordinance. Chapter 15.21 or 15A.21 Variances Chapter 15.22 or 15A.22 Interpretations Chapter 15.23 or 15A.23 Amendments and Rezones Chapter 15.24 or 15A.24 Revocation of Permits or Approvals Page 6 of 9 County Comment: • Adopt as drafted. City of Yakima Position: • City staff agrees with the above. Recommendation: No change in the proposed ordinance. Chapter 15.25 or 15A.25 Violations and Enforcement and Administration County Comment: • Amendments to this Chapter transfer the zoning enforcement authority from the Building Official to the Administrative Official. The change is worth consideration but the County's Building and Fire Safety Division currently has the enforcement personnel. This section could also be modified to include the civil infraction penalties provisions recently made part of YCC Title 13. City of Yakima Position: • City staff agrees with this change for the County as they have a different organizational structure. Recommendation: No change in the proposed ordinance. Chapter 15.27 or 15A.27 Critical Areas County Comment: • Yakima County will not adopt. Although similar to YCC Titles 16A and 16C, it would require County staff to administer three Critical Area codes. City of Yakima Position: • City staff agrees that Yakima County should not adopt this chapter. Recommendation: No change in the proposed ordinance. Chapter 15.28 or 15A.28 Master Planned Development Overlay Mike Shinn of Velikanje Halverson Comments: • Mr. Shinn recommended that Yakima City Council eliminate Section 15.28.030 specifically the sentences which states "Applications for Master Planned Development Overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing: 1. Annexation of the remainder of the property lying outside of city limits into the City of Yakima; or 2. Submit a petition for annexation to the Yakima City Council for the above mentioned property, and attain and submit an early transfer of Jurisdiction letter to the City of Yakima releasing the proposed land use application to be processed by the City of Yakima." • It was also suggested that Section 15.28.080 (B) be amended to follow the Type (1) Review process rather than a Type (2). Page 7 of 9 Yakima County Comments submitted at the hearing recommended adoption as written. City of Yakima Position: • In regard to Section 15.28.030, the primary issue is whether a developer should have to annex into the city of Yakima for processing of a review. If the developer does not want to annex, the city would limit their review to properties located with the city limits. This language is not an attempt to force someone to annex into the city, but to provide a process that allows the entire project to be reviewed by one entity utilizing one set of development standards. It is the developers choice as to which method they ch oose. ti i �r oc% r • It is also City of Yakima staffs position that the request to have Section 15.28.080 (B) changed to a Type (1) Review should not be granted. Master Planned Developments are defined as five or more acres in size and have a potential to affect numerous surrounding � T addition, Type (1) property owners. �n addition, the ype Review • process does not allow for notification of surrounding property owners, as it only requires site plan review, building permit, and /or business license. The public review process for planned developments is very extensive requiring numerous public hearings and public input. To eliminate notice requirements for changes which the general public may have fought for could be viewed as betraying the publics trust. Recommendation: No change in the proposed ordinance. Chapter 15.30 or 15A.30 Airport Safety Overlay County Comment: • Changes to this Chapter are fairly minor. Considering the fact that the Airport Board is recommending a new Airport Overlay District, County staff suggests deferring action on changes to • Chapter 15A.30. City of Yakima Position: • City staff strongly disagrees with this recommendation both for Yakima County and the City of Yakima's code. Numerous changes have been made through out the proposed zoning ordinance removing the Reviewing Official (formerly the Building Codes Manager) and transferring authority to the Administrative Official (the Director of Community & Economic Development), should changes not be made to this chapter language such as Reviewing Official and Class of Review will remain and will be inconsistent with the rest of the ordinance possibly rendering this chapter of the ordinance nonfunctional. Page 8 of 9 • To ensure that these changes are considered minor and do not change the functionality of the existing ordinance the Chairman of the l Regional Planning Commission has asked City staff to consult with the Yakima Air Terminal (please see atta letters with L11V Yakima L111 1 Vl 11 llllal (please see attached letters). Recommendation: No change in the proposed ordinance. Chapter 15.31 or 15A.31 Intuitional Overlay County Comment: • Adopt as drafted. City of Yakima Position: City staff agrees with the above statement. Recommendation: No change in the proposed ordinance. Page 9 of 9 Aftiztat : Department of Community and Economic Development Office of Planning 129 North Second Street, 2nd Floor Yakima, Washington 98901 Yakima Urban Area Zoning Ordinance Update September 2, 2008 TABLE OF CONTENTS CHAPTER 15.01 TITLE, POURPOSE, JURISDICTION 5 CHAPTER 15.02 DEFINITIONS 10 CHAPTER 15.03 ZONING DISTRICTS 38 CHAPTER 15.04 PERMITTED LAND USES 48 CHAPTER 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS 86 CHAPTER 15.06 OFF - STREET PARKING AND LOADING 97 CHAPTER 15.07 SITE SCREENING 112 CHAPTER 15.08 SIGNS 117 CHAPTER 15.09 SPECIAL DEVELOPMENT STANDARDS 131 CHAPTER 15.10 CONDITIONS OF APPROVAL /ADMINISTRATIVE ADJUSTMENT OF STANDARDS 140 CHAPTER 15.11 GENERAL APPLICATION REQUIREMENTS 143 CHAPTER 15.12 PERMITS 152 CHAPTER 15.13 TYPE (1) REVIEW 161 CHAPTER 15.14 TYPE (2) REVIEW 163 CHAPTER 15.15 TYPE (3) REVIEW 167 CHAPTER 15.16 APPEALS 170 CHAPTER 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT 175 CHAPTER 15.18 EXISTING USES AND DEVELOPMENT 177 CHAPTER 15.19 NONCONFORMING USES, STRUCTURES & CRITICAL AREAS 180 CHAPTER 15.20 ADMINISTRATION 189 CHAPTER 15.21 VARIANCES 194 CHAPTER 15.22 INTERPRETATIONS 197 CHAPTER 15.23 AMENDMENTS AND REZONES 200 CHAPTER 15.24 REVOCATION OF PERMITS OR APPROVALS 203 CHAPTER 15.25 VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION 205 CHAPTER 15.27 CRITICAL AREAS 211 CHAPTER 15.28 MASTER PLANNED DEVELOPMENT 296 2 CHAPTER 15.30 AIRPORT OVERLAY 308 CHAPTER 15.31 INSTITUTIONAL OVERLAY 313 TABLES & FIGURES FIGURE 2 -1: BUILDING HEIGHT 14 FIGURE 2 -2: LOT 24 FIGURE 2 -3: LOT CORNER 25 FIGURE 2 -4: LOT LINE INTERIOR 26 TABLE 4 -1: TABLE OF PERMITTED LAND USES 50 TABLE 4 -2: TABLE OF PERMITTED HOME OCCUPATIONS 70 TABLE 4 -3: REQUIREMENTS FOR MOBILE /MANUFACTURED HOMES ON INDIVIDUAL LOTS 80 TABLE 5 -1: DESIGN REQUIREMENTS AND SETBACKS 93 TABLE 5 -2: SUBDIVISION REQUIREMENTS 94 FIGURE 5 -1: VISION CLEARANCE TRIANGLE 95 FIGURE 6 -1: DOWNTOWN BUSINESS PARKING 99 TABLE 6 -1: TABLE OF OFF - STREET PARKING STANDARDS 100 TABLE 6 -2: STANDARD PARKING LOT DIMENSIONS 107 FIGURE 6 -2: 108 TABLE 7 -1: REQUIRED SITE SCREENING BETWEEN USES & DEVELOPMENT 114 FIGURE 8 -1: SIGNS 119 FIGURE 8 -2: STREET FRONTAGE FOR SIGNS 121 TABLE 8 -1: TYPE AND NUMBER OF SIGNS PERMITTED 123 TABLE, 0 -2: MAXIMUM SIGIN AISEA 124 3 TABLE 8 -3: SIGN HEIGHT AND SETBACK 125 FIGURE 8 -3: CLEAR VIEW TRIANGLE FOR SIGNS 126 TABLE 11 -1: APPLICATION REQUIREMENTS 145 TABLE 11 -2: NOTICE REQUIREMENTS 150 CAO TABLE 3 -1: GENERAL PERMITS OR REVIEWS 237 CAO TABLE 5 -1: STREAM TYPES 277, CAO TABLE 5 -2: WETLAND TYPES 277 CAO APPENDIX A: DESIGNATED TYPE 2 STREAMS CORRIDORS 298 4 CHAPTER 15.01 TITLE, PURPOSE, JURISDICTION Sections: 15.01.010 Title and nuthorityAuthority 15.01.020 Jurisdiction 15.01.030 Purpose and intentIntent 15.01.040 ApplicationApplicability 15.01.050 Compliance 15.01.060 Conflict of provisionaProvisions 15.01.070 Severability 15.01.080 Number and gender 15.01.010 — Title and Authority The title codified in Chapters 15.01 to 15.3-031 of this code shall be known as the Yakima Urban Area Zoning Ordinance. The Yakima Urban Area Zoning Ordinance is enacted under authority granted to Yakima County and the City of Yakima by Article XI Section II of the Washington State Constitution and Chapter 36.70 of the Revised Code of Washington. (Ord. 2947 §1 (part), 1986) 15.01.020 — Jurisdiction Generally. This title is enacted and administered separately by the City of Yakima and Yakima County for lands and uses within the Yakima Urban I Growth Area. The ordinance adopted and enacted by the City of Yakima applies to all land and uses located within the city limits of the City of Yakima. The ordinance adopted and enacted by the County of Yakima applies to the I unincorporated portions of the Yakima Urban Growth Area. Yakima Urban Area Boundary: Official Boundary and Description. For I purposes of this title, the Yakima Urban Growth Area is hereby officially declared to be that area bounded and described: (a) on the official zoning maps adopted in accordance with Section 15.03.040 of this title and (b) in the I "Yakima Urban Growth Area Legal Description" codified at the end of this title as Appendix A and hereby adopted by reference and declared to be a part of this title. In cases of conflict between the official zoning maps and the official legal description, the official legal description shall control. Existing Ordinance Superseded. The provisions of this title shall be and are hereby declared to supersede and replace all existing and future provisions of Yakima County Code Title 15 within the unincorporated areas of Yakima I County located within the Yakima Urban Growth Area as officially described 5 and adopted in Section 15.01.020(B). The provisions of Yakima County Code Title 15 shall, however, continue and remain in full force and effect in the unincorporated areas of Yakima County located outside the officially adopted Yakima Tirhan Growth Area Terminology. Unless the context clearly implies some other meaning references to county /city "county (city)" or similar terms in this title refer either to the City of Yakima or Yakima County, whichever entity has jurisdiction over the particular land use proposal or other -item involved or affected.- In no event shall such references be construed to require, directly or indirectly, action by either entities or their respective officials or agencies. — References to "legi slative body," cc 1 rr t" cc � � � ccl legislative body," °'.�$.:miniatrz:-:-i pk:,...... u t u. ...'vrik .earia g examiner,Administrative Official," "Department of Community & Economic Development Director," "Hearing Examiner" or other official or agency under this title means those officials or agencies of the City of Yakima or of Yakima County, whichever entity has jurisdiction. (Ord. 2917 §1 (part), 1986) 15.01.030 - Purpose and Intent The purpose of this title is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of present and future inhabitants of the Yakima Urban Growth Area. The goals and policies of the Urban Area Comprehensive Plan will be used for interpretation and implementation of this Title. These goals are accomplished in many ways, including: 1. Achieving public and private land use decisions consistent with the policies and objectives of the Yakima Urban Area Comprehensive Plan..; 2. 2. Dividing the Yakima Urban Area into districts according to the use of land and structures and the intensity of such use:; 3. Encouraging the location and use of structures and land for commerce, industry, and residences in districts where they are compatible with neighboring land uses,g 4. 11. Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools, can be provided; and limiting development in areas where these facilities are not provided..; 5. Securing economy in local governmental expenditures:; 6. Encouraging innovative site design,; 7. Providing for adequate privacy, light, air and view:; 5. Promoting development within the Yakima Urban Growth Area that is cost effective to 6 8. — build and maintain. 9. — Reducing the time required for public review of proposed projects,:, 6. Protecting existing land uses and property values from adverse impacts of 10. adjoining developments. 11. Reducing traffic danger and congestion on roads and highways 12. Minimizing public and private losses due to flooding. This title is designed to be flexible and intentionally increases the potential uses or choices available to individual property owners. This flexibility is balanced by procedures and standards based on the Yakima Urban Area Comprehensive Plan designed to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community's general welfare. Both concepts are essential to this title and declared necessary for the promotion of the general health, safety and welfare. Further, this title divides all the land within the unincorporated portion of the Yakima Urban Area and the City of Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district's purpose, identifies the general character of the area within the district, and establishes objectives policies to be achieved by development in the district. Distinctions between each district are significant and based on the Yakima Urban Area Comprehensive Plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to be an official statement of legislative finding and purpose. (Ord. 2947 §1 (part), 1986) 15.01.040 – ApplieatienApplicability to generally state and outline the manner of their regulation. This section is not intended to have control over the more detailed provisions of this title. . _ • • " - definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any " ,, " _ use," "structure," and "site improvement. ") Use also means "d vclopment." (See Section 15.02.020) 7 - _ . - • • . • ays: (1) By specific development . .. - -- a l_ 1 I• • 1• . • . - _ _ _ - • _ _. _ • ... o allow general • »nlir9C" nrr1 et2nr1 -ills tr_b� i1 n n1; 1• to Recur^ ,.t; , - , . ,; +1, r-- -- .�..... v u....v..r to _134a wrr+.vw, . v vv Nilvv YYil Lii./ llaI Jl V • - . - 'tie; and to allow more flexibility of development-and use. (See Section 15.01.030) Different levels of review, (Class (1), ( or (3), are- t . ' - different categories of uses. The level of review is generally determined by in Table 4 1 (see Chapter 15.Od). Certain accessory uses are subject to detailed regulations, including home occupations, off street parking, signs, s - escr ecnh g temporary-use pe r m it s _ t „ x l vi 1111 GJ, swimming towers, caretaker residences and yard sales. (See Chapters 15.04, 15.06, .• Some of the specific development standards are designed to be administratively adjusted upwards or downwards to accommodate the purpose and intent of the zoning district involved and flexibility of development. (Sec Section 15.10.020) C. New and Existing Uses Regulated. Both uses established before and after development are reviewed under Class (1), (2), or (3) review, and if approved are called "approved uses." Previous uses whose principal use "existing uses." Existing uses arc allowed to continue even they not fully comply with the development standards of this title. Such uses (sec Chapter 15.18). Previously established uses which were legally which would not be permitted in the zonin. - • - • • - . are called "nonconforming uses ". Such uses arc allowed to continue, but are subject to more restrictions (sec Chapter 15.19). alterations to approved, existing, or nonconforming . -- - : - • - :: -- - - - " "existing' are exempt. Other modifications to "approved" or 4G. • • - l) administratively approved with minimal review. Procedures for such " - - - - • - " • • - ,, . - - • -. -- - - ... .; 8 reviewed using the normal Class (1), (2-) or (3) review procedures of this title. Changes and alterations to nonconforming uses are regulated by Chapter 15.19. E. Permits. A.Except as exempted, no use or development, or modification of use or development, as those terms are defined, may be established, placed, performed, constructed or implemented, in whole or in part, without a perruit. The permit required by this title is called a ` "'development permit." Chapter 45." Chapters 15.11 and 15.12 contain provisions governing such permits and applications for permits. The following uses and modifications listed under below are exempt from prier- review and permit requirements provided that they do not involve conflict with the requirements of a required site impfevement contained in a previously - ::: . • - .. : 'ssued permit 1. Normal structural repair and maintenance; 2. Changes to confouuing structures, which do not involve structural alteration as that term is defined by this title; 3. Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor physically expand the structure; 4. Accessory structures (15.04.060) otherwise meeting the specific development standards and other requirements of this title and which do not require a building permit under the provisions of the Uniformapplicable Building Code as adopted by the city /county 5. Communication towers less than thirty -five feet in height and which meet the requirements of Section 15.04.130; 6. Exempt signs; 7. Yard sales meeting the requirements of Section 15.04.060; 8. Alterations to land including grading, leveling, paving and excavation, the fair market value of which does not exceed fwe hundred dollars50 cubic yards; Site9. Site screening and landscaping; 10. All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision regulating such improvements. (Ord. 2917 §1 (part), 9 B. Uses of Lands are regulated by this title. (See Section 15.02.020 defining "use," "accessory use," "structure," "site improvement," and "development. ") This title regulates such uses in the following ways: • (1) n specific rlavalnnmant stand arrle w hich meet b mat ( see Chanter 15.05, 15.06, 15.07, 15.08, and 15.09). Some of the development standards are designed to be administratively adjusted to accommodate the purpose and intent of the zoning district involved and allows flexibility of development. (See Section 15.10.020) (2) By prior review of more significant uses to allow general policies and standards to be applied; to assure compliance with the purpose and intent of this title; and to allow more flexibility of development and use. (See Section 15.01.030) Different types of review procedures, (Type (1), (2), or (3)) (See Chap. 15.13, 15.14 & 15.15), are established for different categories or classes of uses (Class (1), (2), or (3)). The type of review is generally determined by th c l ass ifi ca tio n of the use involved under the use chart contained i Tabl 4 -1 (see Chapter 15.04). Accessory uses are also subject to the review processes and development standards of this Title. C. New and Existing Uses Regulated. Both uses established before and after the adoption of this title are regulated, but are treated differently depending on their status under this title. Permitted uses are established by Table 4 -1, which determines which particular uses are allowed, and the degree of compatibility of the land use in a given zoning district. Uses and development are reviewed under Type (1), (2), or (3) processes, and if approved are called "approved uses." Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing uses." Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see Chapter 15.18). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called "nonconforming uses ". Such uses are allowed to continue, but are subject to more restrictions (see Chapter 15.19). D. Changes and Alterations to Uses and Development. Changes and alterations to approved, existing, or nonconfoiuiing uses or development are also regulated by this title and are called "modifications." (See Section 15.02.020(117)). Certain nominal modifications to "approved" or "existing" uses are exempt. Other modifications to "approved" or "existing" uses, which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in Chapter 15.17. More significant changes to "approved" or "existing" uses and development which do 10 not meet the exemptions or administrative approval criteria of Chapter 15.17 must be reviewed using the noinial Type (1), (2) or (3) review procedures of this title. Modifications to nonconforming uses are regulated by Chapter 15.19. 15.01.050 — Compliance No structure, land, or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved, improved, removed, converted, or demolished except as authorized by the terms of this title. (Ord. 2947 §1 (part), -I ). 15.01.060 - Conflict of Provisions In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the county /city, the most restrictive shall govern. In the case of conflicts between the text, maps and tables of the title, the text shall govern unless otherwise stated. (Ord. 29 §1 (part) 1986). 15.01.070 — Severability This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title. If any division, chapter, section, paragraph, clause, or any portion is adjudged invalid for any reason as applied to a particular property, use or structure, the application of such portion of the zoning ordinance to other property, use or structures shall not be affected. {Ord. 2917 §1 (part), 1986). 15.01.080 — Number and Gender ' Words impertingdesignating the singular number may also be applied to the plural of persons and things; words impeftingdesignating the plural may also be applied to the singular; words ink designating the masculine gender may be extended to that of the female; and words impoftifigdesignating the feminine gender maybe extended to that of the male. (Ord. 2917 §1 (part), 1986. 11 Chapter 15.02 DEFINITIONS A. Sections 15.02.010 Purpose. 15.02.020 Definitions. 15.02.010 - Purpose. This chapter provides definitions for the teiiiis and phrases used in this title. Where any of these definitions conflict with definitions used in other titles of the county /city code, the definitions in this chapter shall prevail for the purpose of this title. (Ord. 2917 §1 (part), 1986) 15.02.020 - Definitions. For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster 's Ninth New Collegiate Dictionary, 1983,with the assistance of the American Planning Association 's Planner Dictionary and Black's Legal Dictionary shall be the source for ordinary accepted meaning and for the definition of words not defined below.- Specific examples are included as illustrations, but are not intended to restrict a more general definition. -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 Use means a use that is subordinate and incidental to a principal use. Accessory Dwelling Unit (ADU), means a structure attached to or constructed within a single- family dwelling (excluding a detached accessory building), 12 which has living facilities for one individual or family separate from the primary single- family dwelling including at least, but not limited to, a kitchen, bathroom, and sleeping quarters. An ADU shall not have its own mailbox, water meter and gas meter Administrative Official means the duly appointed Yakima County planning director or the Director of Planning Official or the City of Yakima I director of Community and Economic Development w hichever is appropriate.-, or their designee, or legislative body, when engaged in any review or approval procedure under the provisions of this title. 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 Agricultural building shall not be used for human habitation; nor for processing, treating or packaging agricultural products, nor shall it be a place used by the public. Agricultural Market means a use primarily engaged in the retail sale of fresh • agricultural products, grown either on or off site. ltAn Agricultural Market may also include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products such as boxes of apples or other fruit and some limited nonfood items- and these products shall consist of no more than 40% of the gross floor area. This definition does not include the sale of livestock. Agricultural Related Industry means specifically: l . Packaging Plants may include, but are not limited to, the following activities: Washing 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. — tThis definition does not include processing activities, or slaughterhouses, animal reduction yards, and tallow works. 2. Processing Plants may include, but are not limited to, thnce activities that which involve the fermentation or other substantial chemical and physical 13 alteration of the agricultural product. DeesThis definition does not include slaughterhouses or rendering plants. 3. Storage Facilities may include those activities that involve the warehousing of — processed and /or packaged agricultural products. Agricultural Stand means a structure up to one thousand square feet in area used for the retail sale of agricultural products, grown on the premise excluding livestock, grown on the premises. Airport Commercial means the retail sale of aviation - related products and services including aircraft service and rental, air passenger services, and air terminal activities including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels- and gift shops.--^rirpert-Commercial uses in the Central Business Support District (CBDS) are exempt from the Class 2 review requirement of 15.09.020(2) YMC. (Ord. 98 59, §1, 1998) aircraft, aircraft parts, and aviation related products located on the Yakima related products and air cargo operations and associated storage -and processing. Airport Industrial uses in the Light Industrials District (M -1) and Central Business District Support (CBDS) are exempt from the Class 2 review requirement of 1 5.09.020(2) YMC. ) Ord. 98 59 §1, 1998. Airport Operations means activities, uses, structures and facilities that are located on and necessary to the operation of the Yakima Municipal Airport. Air Terminal. These activities and facilities include runways, taxiways, parking ramps and aprons, navigation and radar /radio communication facilities and equipment, safety and emergency facilities, and storage and maintenance facilities. • • -.. .. - ... - - . ! ct (M 1) and Central • Business District Support (CBDS) are exempt from the Class 2-review requirement of 15.09.020(2); YMC. (Ord. 98 59, §1, 1998) Airport Industrial means research, design, fabrication and assembly of aircraft, aircraft parts, and aviation - related products located on the Yakima Air Terminal. This use also includes storage and wholesale trade of aviation - related products and air cargo operations and associated storage and processing. 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. 14 Amendment means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. Amusement Park means a permanent indoor and /or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conductifkg 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 arreccory to the nrinrinal nCP Thic definitinn rinec not inrinrle 1rennelc 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'san Administrative Official's or Hearing Examiner's decision, determination, order or official interpretation of any provision of this title. Applicant means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. Application for Development means the application foiiu and all accompanying documents and exhibits required by this title or the responsible officialAdministrative Official. Arterial means a principalprimary or minor arterial as shown in the optimal arterial street planYakima Urban Area Transportation Plan adopted in the Yakima Urban Area Comprehensive Plan. Attached means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roof line, or in the case of multistory buildings by a common ceiling /floor(s). Auction House means a structure or enclosure where goods and /or livestock are sold by auction. 15 Automobile Service Station: See "Service Station." Automobile, Truck, Manufactured Home and /or Travel Trailer Sales means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. Automotive Wrecking or Dismantling Yard means a place used for the storage and /or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. (Ord. 93 81, §1, 1993) -B- Bed and Breakfast means a residential structure providing individuals with lodging and meals for not more than 34thirty 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." Bear-dingheuseBoarding House 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._ Brokerage Offices, Transportation. means establishments primarily engaged in furnishing shipping information and acting as agents in arranging 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. 16 • . • . • •4.. • . - • • • • a • , .. -. . . - • lay-the-legislative body to enforce the provisions of thQ building code and -- :.. • . • -. For puFposes of this title, means building and cnfnrroment official Building Height is the vertical distance above a reference datum measured to the highest point of the coping of a fiat 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 I yields a greater height of building: Datum WWI I. A riri • Ell MGLe I ~ �r thin iQ' A A Less than ' A I Case 1 I nase Determination of Building Height in Feet FIG 2 -I • 1. The elevation of the highest adjoining sidewalk or finished ground surface within a five -foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above l owes t fi gr ade ; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Item 4-one above is more than ten feet above lowest finished grade. See Figure 2 -1 above. The height of a stepped or terraced building is the maximum height of any segment of the building. 17 Building Official means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. Business School means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. Butcher Shop means a custom retail meat cutting operation.- This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. . (Ord. 93 81, §2, 1993) -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 and /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 Midmeans the mid -point between the future alignment of the opposite edges of the right -of -way. Certificate of Zoning Review means that certificate issued by the planning departmentappropriate Administrative Official 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, 18 Church means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. City means the City of Yakima. • �7�,.... /1 \ Uses are those forth and defined i Class ( 1 ) U ses are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are considered compatible and are permitted on any site in the districted district standards are met. . The building officialAdministrative Official shall review Class (1) uses for compliance with the provisions and standards of the district. In some cases Class (1) uses may fecitlire review by the administrative of_ft title 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 officialAdministrative Official is required in order to pfemeteensure compatibility with the intent and character of the district and the objectives, the provisions and standards of this title and the policies 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 considered generally incompatible with theif neighbersadjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the hearing e ,» e_H ear fi Examiner when he deteimines, after holding a public hearing, that the use complies with provisions and standards of this title; and that difficulties related to the compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive Plan objectives have been adequately resolved. Class (1),(-2)- or (2) or (3) Use, Approved. "Approved Class (1), (2) or (3) use" means any use or development approved upon completion of Type (1) or (2) or (3) review. Class (1), (2) or (3) review "`,' 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 1 s.04 of thi title a a Cl (1), (2) or (3) u se i a particular district, even though the use has not been through Class Type(1), (2) or (3) review, and may or may not conform to the standards of this title. This 19 definition includes any existing Class (1), (2) or (3) use with an approved modification under Chapter 15.17. Clean & Sober Facility means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and /or drug users, during their re -entry into the community. The Clean & Sober Facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see Halfway House). Clinic means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. Closed Record Appeal means an administrative appeal, held under chapter RCW 36.70B, that is on the record to a County /City body or officer (including the legislative body) following an open record hearing on a project permit application with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed. Coffee / Espresso Drive - Through Facility is a place used to sell coffee and associated items from a drive -up window to a person driving a vehicle. Coffee / Espresso Stand is a place used to sell coffee and associated items from a bar or counter area commonly inside a building and /or structure. Commercial Services means technical services and specialized care services such as 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. 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." 20 Compatibility means the characteristics of different uses or development that petntit them to be located near each other in harmony with or without special mitigation measures. Comprehensive Plan means the Yakima Urban Area Comprehensive Plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima Urban Area or any portion thereof. Concentrated Animal Feeding Operation means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, hor rattle cheep nr swine This definition incl dair confinement areas, slaughterhouses, shipping terminal holding pens, poultry and /or egg production facilities and fur fauns, but does not include animal husbandry. Condition(s) of Approval means restrictions or requirements, imposed by a reviewing offrcialan Administrative Official pursuant to authority granted by this title. Consultin' Services: See "Professional Business ". Convalescent or Nursing Home means an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. Consulting services: See "Professional Business" Converted Dwelling means a structure which, due to alterations, has been modified to increase the number of individual dwellin un it s . This definition does not apply to multi - family structures constructed under the previsions o f this title. Cosmetic Services means tattooing, body piercing, and similar services. County means Yakima County. (Ord. 93 81 §3,1 993) -D- Dangerous Waste means those solid wastes designated in Washington Administrative Code, hereafter, "WAC," 173- 303 -070 through 173- 303 -103 as dangerous or extremely hazardous waste. (Ord. 3106 §3, 1988) Day means calendar day. (See Section 15.20.120 for Computation of Time.) 21 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 2'1 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 that supplies care, attention, supervision and oversight serving 13thirteen or more individualschildren regardless of whether such services are provided for compensation, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said State DSHS requirements. Day Care Home, Family means family day care home located in a private home that supplies care, attention, supervision and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said State DSHS requirements. Delicatessen and Other Specialty Food Stores means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five (5) persons. Department means Yakima County Planning Division or the Department of Community & Economic Development of the City of Yakima, whichever is appropriate. 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 development or modification of development as defined in this title. When a building or other construction peiiiiit is required, the building /construction permit shall serve as the other development permit. If no building /construction penult is required, the certificateCertificate of zoning reviewZoning Review shall serve as the development permit. Development, Planned (See Chapter 15.28) 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 22 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. Pet Day Care means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses + o +; +1.; rlv 111e,LIng 1111) Ul.11111uv11 311a11UG G011J1UG1GU riG1111G1J. 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 pathaccess to a property or through a • parking lot for three or more vehicles. Drugstore means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where non - medical products are sold as well. Dwelling means a structure or portion thereof designed exclusively for residential purposes. Dwelling, Multiple familyFamily means a structure or structurestructures or portion thereof, designed for occupancy by three or more families living independently of each e th er and co nt a inin g three or more attached dwelling units on a lot. (Ord. 98 60 §1, 1.998) Dwelling, Single means a structure designed to contain a single dwelling unit. Single - family dwellings are further classified by their nature of construction as follows: 1. Site built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. 2.— Modular home: See "Modular Home." 3.—Manufactured home: See "Manufactured Home" and "Mobile Home." Dwelling, Single i>l Attached means two single family dwellings that t but with each dwelling located that are attached, but with each dwelling unit located entirely on its own lot. 23 This definition does not include row houses or other housing types with more than two attached single - family dwellings. Dwelling, Single-familyFamily Detached means one dwelling unit located on one lot and not attached to any other dwelling unit. Dwelling, Two- €ayFamily 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 Willi "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 pelluianent provisions for living, sleeping, cooking, eating and sanitation. (Ord Dwelling Unite does not include recreational vehicles or mobile homes. -E- Earthen Material means sand, gravel, rock, aggregate and /or soil. Environmental Review means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.2I 21C as it now exists or is hereafter amended. Existing Uses means a use or development legally existing or legally established by a jurisdiction prior to the effective date of this title that has been or would be classified under Chapter 15.04 of this title as a Class (1) or (2) or (3) use in the appropriate zoning district. -F- Family means an individual, or individuals, consisting of two or more persons related by blood or marriage, adoption or a group of not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together atas a single housekeeping unit in a dwelling unit. A. The term "family" shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128.180; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection (C) of this section; 24 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. R The term "f sha u d dd residing ll e individuals resiin re halfway houses, � .. .. ,. v...,.,. .. ,.v.. ..... .. ,,, . , uu..� , l ,�, a, aauaa yr u� 110 uuw, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed b y the state, where individuals aYe incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. C. Calculation of Residents. When calculating the number of unrelated persons residing in a single - family dwelling unit, the following rules shall apply: I 1. When one or more reside with family 1. Y nvn V11V or more unrelated persons ride VVYl l.11 a lUlllll VV L1ilJV members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (TV?) o f th Sec 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized • foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and /or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (D)(1) of this section. Three or more renters and /or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related b enetics ado stion or marria . e shall be considered when determining the total unrelated persons residing at a site. 3. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant to YMC Chapter 15.09.200, only one of the dwelling units, either the primaiy residence or the ADU, shall be used to house renters and /or unrelated persons who are students. Occupancy of the ADU shall not exceed one family as defined in subsection (A) of this section. a. See YMC Section 15.02.020 for a definition of Accessory Dwelling Unit. 4. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. D. Calculation of Residents. When calculating the number of unrelated persons residing in a single - family dwelling unit, the following rules shall apply: 1. ',When 1 oil or 111ULe uiiiciated persons reside with a family whose members are related by genetics, adoption or marriage, 25 the total number of residents shall not exceed five persons except as provided in sub section (D) (2) of this section. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and /or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (D)(1) of this section. Three or more renters and /or students shall be considered as unrelated individuals and all persons residing in a dwelling unit regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant to this title, only one of the dwellin_ units either the •rimar residence or the ADU shall be used to house renters and /or unrelated persons who are students. Occupancy of the ADU shall not exceed one family as defined in subsection (A) of this section. 4. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. Fence means a structure built to prevent escape or intrusion, or to provide privacy or site screening. Finding is a conclusion of fact reached by the reviewing officialAdministrative 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 offsite consumption. Includes confectioneries, 26 catering services, and preparation of food items for wholesale. (Ord. 93 81 §5, 4- 94-3) -G- Game Room means a commercial facility, or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc , ar played -; provided, however, that this definition shall exclude "Social Card Room" as defined herein. Also,. see "Meeting Hall." Garage, Private means a building or portion of a building designed to store t. vehicles o th e b th. n ts of the 111V LV1 YT 4+11141Ik..i� LI ICAL are used by the occupants 111 site's 1 )!•1111lI1y 1_j Ot„ Garage, Public means a building or portion of a building used for equipping, repairing, servicing, hiring, selling, or storing motor driven vehicles; but excl pri garages. Shop means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods. Glare is the reflection of harsh, bright light. Grade is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See 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 includes homes of this nature for six or fewer persons, excluding house parents. (Ord. 93 81 §6, Tr�7 -H- alcohol and /or drug users; which provides residentially oriented facilities for 27 the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional careHalfway House A halfway house shall include residentially oriented facilities that provide 1) state licensed group care homes for juvenile delinquents; 2) houses providing residence in lieu of instructional sentencing; 3) houses providing residence to individuals needing correctional institutionalization; and 4) detoxification centers licensed by the state where alcohol and drugs abusers can be placed in lie of incarceration for detoxification and treatment from effects of alcohol and drugs. (Also see Clean & Sober). Hazardous Materials means any item listed as hazardous by a Federal Agency or State Department of Ecology or the Yakima CountyRegional 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, Onsite means hazardous waste treatment and storage facilities, which treat and store waste generated on the same lot. Hazardous Waste, Offsite means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the offsite 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 waste non - dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. 28 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 Chapter 15.04, Table 4 -2. Home Occupation means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and /or services in the home. Home Occupation, Business Administration means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a buciness. This definition does not include manufacturing, sales, repair or other services. Homeowners' Association means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. Hospital means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice, as distinguished from clinical treatment of mental and nervous disorders. (Ord. 93 87 §7, 1993) -I- - • • - . ; • - . ns that table representing av : -- Impervious Surface means any hard surface material which reduces or prevents absorption of stormwater into previously undeveloped land. Intensity is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact 29 on neighboring land uses. Generally, the intensity of a land use will determine its compatibility with other types of land uses. Irrigation and /or Drainage Facilities means all irrigation and /or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. -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; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops -, animal hospitals or zoos.—(0-r-d, 93 81 §8, 1993) -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 Board of Yakima County Commissioners 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) which is defined by boundaries and shown on a final plat or short plat officially recorded in the 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 1'1) or the City of Yakima's Subdivision Ordinance (Title 14). 30 Lot Area means the total horizontal area within the boundary lines of Ate gross lot. Lot Corner means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of l ess th 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 from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: a. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except, the building official, or his designee, shall designate the front lot line for corner lots in residential districts. b. For a flag lot, when the access easement or right -of -way extends across the lot, the front lot line shall be the line separating the lot from the right - of-way or access easement. When the right -of -way or access easement does not extend across the property, the front lot line shall be determined by the building official. Lot Line, Interior means in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line, or (b) adjoining common open space. (See Figure 2 -4) Lot Line, Rear means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a 31 triangular or trapezoidal lot, or of a lot, the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore- shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side means any lot boundary line not a front lot line or rear lot line. Lot, Through means an interior lot having frontage on two streets. See Figure 2 -2. 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. (Ord. 93 -81 §9, 1993) Low Impact Development means stormwater management and land development strategies that emphasizes conservation and use of existing natural site features integrated with disturbed, small -scale stoimwater controls to more closely mimic natural hydrologic patterns in residential, commercial and industrial settings. Low Impact Development addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasis conservation and use of on -site natural features. -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 complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home- and built after June 15, 1976. 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; 32 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 /Count Massage Therapy / Spa means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well - being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar •rocedures or .re • arations commonl used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact. Master Planned Development means any development within the Yakima Urban Growth Area approved under Chapter 15.28 of this title. Planned Residential Development, Planned Commercial Development, Planned Industrial Development, Planned Mixed -Use Development, or organizations come together for meetings and social events. IncludedThis definition includes private bridge club-type card rooms, Grange Halls, etc. Mining means aii 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. Mixed Use Development means use of the land or structure for two or more different uses. Mobile Home means a dwelling on one or more chassis for towing to the point of use which does not meet applicable HUD manufactured housing standards of June 15,_1976. This definition does not include modular homes, manufactured homes, commercial 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. 33 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 that meets the requirements of the Unifoim 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 standards as a site -built home. Multiple Building Complex means a group of structures housing separate businesses-that, 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. (Ord, 93 81 §10, 1993) -N- Net Residential Acre means forty -three thousand five hundred sixty (43,560) square -feet minus the area in private and public streets, rights -of -way, and access easements. (See Section 15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.) Nonconforming Lot means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. Nonconforming Structure means a structure which was lawful prior to the adoption or amendment of this title, but which fails by reason of such adoption 34 or amendment, to conform to the present requirements of the zoning district in which it is located. Nonconforming Use means a use of land or structures, which was lawfully established and maintained the effective date of this title, but does not conform to this title for the zoning district in which it is located. Nuisance means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses and /or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs. Nursery means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1.— _Retail nursery: A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. Wholesale nursery: A nursery that raises nursery stock for sale to a retail nursery or other business. 3.— _Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. mn_ Occupancy means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. Off - Street Parking means a parking space(s) and associated driveway(s) located beyond the right -of -way of a highway, street or alley. Open Space means an area of land or water that is substantially free of structures, impervious surfaces and other land - altering activities. Open Space, Common means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. 35 -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. 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. 36 Planned Development means any rezone to planned development within the . _ .. ...... .. • tee. - =•. ___.. '.- - -- -- a C - - - t .. ... .... ...L t ,a.i:JaiL L1 by the - .. . provisions of Chapter 12.50 of the Yakima Municipal Code, as they existed or before the effective date of this title. • Planned Residential Development see "Development, Planned Residential." Planning Commission means the duly constituted Regional Planning Commissi (R P C) for the Yakima lJrban Growth A. t vaaaaaaaJJAV iA \ A V L / AVA the 1 C1I1,1141Q l/1 Uf111 \ /W ()1 h len, Planning nDc aftmen4Division means the Yakima County Planning DepartmentDivision or the Department of Community and Economic Development of the City of Y w hi c h eve r is appropriate. Preliminary Approval means the contingent approval by the administrative official in ClassAdministrative Official using an appropriate Type (2) or (3) review process prior to final approval. Preschool see "Day Care Center.'' —' Private Access Easement means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. Private Water System see See "Water System, Individual." Product Assemblage means a business or service involved in assembling products for off -site sales. Professional Business means a business primarily engaged in administrative or service-related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers- and consultants; or providing administrative governmental services. Property Owner(s) means the legal owner or owners of the property. Public 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. 37 Public Water System.- See " "Water System, Public." (Ord. 93 81 §11, 1993)." -R- Recreational Screen means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields and playgrounds. Recreational Vehicle means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to, boats, travel trailers, snowmobiles, go -carts, motorcycles and dune buggies. Recycling Center means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. Residential Density means the number of dwelling units per net acre of land. This teiln includes dwelling unit density. Restaurant means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. Retail Services means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services. Retail Trade means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumberyards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. Retirement Home means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. Reviewing Official means the :. • . . - - -- - - • .. - - • . • • official, hearing examinerBuilding Official, Administrative 38 Official, Hearing Examiner, or legislative body, when engaged in any review or approval procedure under the provisions of this title. Reviewing : . . reviewing ', Ui11111111sL1 ULt V V 111VU111VULIV11J U11C41,1 C L� . • Rezone means to change the Toning district classificati o fp ar -ti cu l ar lot(,) nr • parcel(s) of land. Right -of -Way, Public means land deeded or dedicated to, or purchased by the City of Yakima or Yakima County for existing or future public pedestrian or .,:., Road, Arterial means a public road dcsig . -.. . - - -'. , secondary /minor arterial, or collector arterial by the transportation element of the V ^Li - -l., T 1 Ar r'am l ions i v - Al..., ...., ..�....... x,44 4 ��.. ..444 4 �... Road, Local Access means a public road not designed as a principalPrincipal arterial, mMinor arterial Collector arterial or collector neighborhood collector by Yakima County or the Eitycity of Yakima.- The primary purpose of a local access road is to connect property along the local access road with the arterial street system. L ocal Access means a local access road maintained by the city Road, Private means a road not designed, built or maintained by Yakima 1 o N . t h e Pi ty o V 1 a th Washington ingon Ut to Department t o T .,444,, the , v aiim ty u L a 4 .l a V v1 Transportation,. or any other-political subdivision of the state. This definition .. .. - . • . • . • $ - - the definition of access easement. Road, Public means the physical improvement of the public right -of -way, including, but not limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the City of Yakima or Yakima County for public vehicular and pedestrian use. -S- 39 School means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. School, Vocational,- means the commercial use of a structure or land for teaching arts, crafts, or trades. Bans a protective device for recreational purposes d signed to keep recreational equipment within or outside of a designated arca. Such uses are fields, and playgrounds Second Hand 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. Setback, Front: is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right -of -way to the nearest wall of the structure. Where there is a partial right -of -way, the setback shall be measured perpendicularly from the design centerline. When there is no right -of -way, the front setback shall be twenty feet from the front property line. Setback, Side and Rear. is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure. Except that a side setback on a corner lot, along the adjacent right - of -way, shall be measured perpendicularly from the centerline of the right -of- way. When there is a partial right -of -way, the setback shall be measured perpendicularly from the design centerline. Sewer System, Regional means sewer service provided by a municipality or special purpose district. Sewer System, Community means small, self - contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas. 40 Sewer System, Individual.- means a system designed and constructed on -site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. Sign See Chapter 15 .08 for a complete listing of sign definitions. Sign I!lanufacta ring Assembly means the design manufacturing and assembly of metal cased, therrno- foamed, wooden, stone, neon, internally lit or electronic signs. Site Improvement means any structure or other addition to land. Site Improvement, Required. means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provision of this titl o r which is a part of any site plan approved under the provisions of this title. • Site Plan, Detailed.- means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. Site Plan, General.- means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on th l t th nearest foot, and the location and • dimensions of the proposed building(s), structure(s), or alteration(s). Social Card Room means a commercial facility, or a portion thereof, open to the _eneral sublic in which house - banked social card • ames are la ed. as that teen is defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RnW 9,46,070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals. Specialty Food Store /Food Store, Specialty: See "Delicatessen." Standard, Administrative Adjustment Of. 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. 41 Standard, General means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by a reviewing officialthe Reviewing Official during Classa Type (1), Type (2)), or Type (3) review. Standard, Specific. 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. Stockpiling of Earthen Materials means permanent and /or continuous use for storage of rock, gavel, rubble, sand or soil not within a 100 year mapped Federal Emergency Management Agency Flood Plain Area. 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. means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. Storage Facilities, Residential Mini - Storage means enclosed areas providing storage for residential goods and /or recreational vehicles within the structure. Storage, Vehicle means keeping vehicles on a given site that are not actively used by the principal occupants of the site. DeesThis definition 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. 42 Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. Structure, Temporary means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Swimming Pool means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen (f --8-}- inches or the area being 1. 4, t hil y-eig 38) square feet. n� 8. 01 Inner �i�ilrc than 111 - 1 > > � i r ri . (Ord r -a -T- Technical Equipment means medical, dental, fire suppression, restaurant, etc. 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 Tavern means an establishment operated primarily for the sale of wine, beer, or other beverages with any ser of fond i th ere t o. Towing Services means a service to haul or tow vehicles for service, repair or temporary storage. Any facility except for wrecking yards, storing a v ehi c l e fo five or more days shall be considered a "storage vehicle facility." Hulk Haulers are not included under this definition. Travel Agency — See "Professional Business. . (Ord. 93 81 §13, 1993) -U- Urban Growth Area means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima Urban Growth Area Boundary boundary established inby the Board of Yakima Urban Area planning agrcementCounty Commissioners pursuant to RCW 36.70A and adopted in the Yakima Urban Area Comprehensive Plan (YUACP) as amended._ The boundary and legal description of the Yakima Urban Growth Area is set forth in Section 15.01.020 of this title. The Yakima Urban Growth Area is that area where growth is expected to occur to over the • • • e ! - - . • - . -- - - • . -- - next 20 years from the 43 adoption of the YUACP and is the area in which urban level public services can be most economicallyare or will be provided. Urban Services include, but are not limited to, public water and sewer lines, neighborhood parks, street lights, police and fire protection. Use means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof Use, Class (1), (2), (3). "See Class (1), (2), (3) use." Use - District means a portion of the Yakima Urban Area within -which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required-and specific lot areas established, all as set forth and specified in this title. This definition also includes the terms "zone" and "zoning district ". Use, Modification of. See "Modification of Use or Development." Use, Principal means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. Use, Temporary means a use established under Section 15 .04.100, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. Utilities are those businesses, institutions, or organizations which use pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public. Utility Services means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. 44 -V- Variance al iance means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Veterinary Clinic See "animal clinic/hospitalAnimal Clinic/Hospital." Vision Triangle means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection, (See Section 15,05.040.) -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 storage a Liiai of v elli c es and machinery. This definition fl n inch the processing, viai uii iiiuviiiii i,'. This definition u VVV not 111ViLL LiiV 1 JiVVVJV111 �„ storage or disposal of hazardous materials. Waste Water Spray Field means an agricultural or otherwise vegetated field that 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 Chapter 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, 45 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 (RCW Chapter 46.80 RCW). . (Ord. 93 81 §11, 1993) -Y- Yard means an open space, other than a court, on the same lot with a structure. Yard, Front means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. Yard, Rear means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. Yard, Side means an open area between the side wall line of the structure and the sideline of the lot. -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. -- - . .. -- . - - • - - . • • having a collection of living animals for public display. . (Ord. 93 81 § 5, 1993) (Ord. 93 59 §1, 1998;. Ord. 98 60 §1, 1998;. Ord. 93 81 § §1 15, 1993; Ord. 3106 § §1 5, 1988; Ord. 3019 § §1 10, 1987; Ord. 2917 § §1 (part), 1986). 46 Zoning District means a portion of the Yakima Urban Growth Area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas established, all as set forth and specified in this title. This definition also includes the terms "zone" and "use district ". Zoo means a park or facility where animals are kept and raised for visitors to see and observe, zoological park. 47 Chapter 15.03 ZONING DISTRICI'S Zoning Districts • Sections: 15.03.010 — Purpose 15.03.020 and Establishment of zoning district ;Zoning Districts 15.03.030 020 District intcnt statcmcntand Map Overlay Intent Statements .e .e e •_ districts 15.03.010 Purpose 15.03.040 Map of Zoning Districts and /or Overlay's. 15.03.010 – Purpose and Establishment of Zoning Districts The following zoning districts are established to protect the public health, safety, and general welfare by implementing the goals and policies adopted in the Yakima Urban Area Comprehensive Plan. (Ord. 2947 §1 (part), 1986) • I .. The following zoning districts are hereby established: Residential Districts - Suburban Residential District (SR) — Single- Family Residential District (R -11) — Two - Family Residential District (R -2) Multi Family Multifamily Residential District (R -3) Commercial Districts - Professional Business District (B -1}11 — Local Business District (B -2) - Historical Business District (HB) — Small Convenience Center District (SCC) — Large Convenience Center District (LCC) — Central Business District (CBD) — CBDGeneral Commercial (GC) — Regional Development (RD) — Airport Support (S -B-DS) AS) Industrial Districts — Light Industrial District (M -1) II — Heavy Industrial District (M -2) 48 Overlay Districts - Airport Safety Overlay (ASO) — Floodplain Overlay District (FP) (FO) ,ten. — Green ay v (UU� ve ldy District (GO) (Ord. 2947 §1, 1986 - Institutional Overlay (IO) — Master Planned Development Overlay (MPDO) 15.03.030 — District and Map Overlay Intent Statements The District Intent district intent statements define the specific purpose of each district— and /or zoning map overlay. They shall reflect the policies of the Yakima Urban Area Comprehensive Plan; shall serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the reviewing officialAdministrative Official interpret the standards and provisions of this title. 4--1. Suburban Residential District (SR) The intent of the suburban residential district Suburban Residential District is to provide a variety of residential lifestyles with densities generally ranging from two unitsone unit per five net residential acre to seven units per net • residential acre.- The higher densities aredensity is reviewed and considered to be permitted when a public water system and the regional sewer system are unavailable, or if these utilities are not available, whena community water and sewer systems arc provided.may be allowed after review by Yakima County Health District and the City of Yakima. (See Section 15.05.030(C) Table 5.1) This district is further intended to: a. Limit residential density to one unit or less per five net residential acreacres in areas where A. flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities;. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated and B. b. Maintain surface and groundwater quality and avoid along with the avoidance of potential health hazards, by limiting residential density to two units or— lessone unit per five net residential aereacres, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; and 49 Chapter 15.03 a. t I Zoning Districts Sections: 15.03.010 — Purpose 15.03.020 and Establishment of zoning districtsZoning Districts 15.03.030 020 District intent statcmcntand Map Overlay Intent Statements ... , 4-5.-03.01-0—Purpose 15.03.040 Map of Zoning Districts and /or Overlay's. 15.03.010 - Purpose and Establishment of Zoning Districts The following zoning districts are established to protect the public health, safety, and general welfare by implementing the goals and policies adopted in the Yakima Urban Area Comprehensive Plan. (Ord. 2947 §1 (part), 1986) I I I .. The following zoning districts arc hereby established: Residential Districts — Suburban Residential District (SR) — Single - Family Residential District (R -11) — Two - Family Residential District (R -2) Multi Family Multifamily Residential District (R -3) Commercial Districts - Professional Business District (B -1}1) — Local Business District (B -2) — Historical Business District (HB) - Small Convenience Center District (SCC) — Large Convenience Center District (LCC) - Central Business District (CBD) — CB-DGeneral Commercial (GC) — Regional Development (RD) — Airport Support (CBDS) AS) Industrial Districts — Light Industrial District (M -1)-fl — Heavy Industrial District (M -2) 48 Overlay Districts — Airport Safety Overlay (ASO) — Floodplain Overlay Distr -ict (FP) --(FO) — frcenwav ()verlav Dictriet (GT)l (Gn) (Ord. 2947 §l, 1986 — institutional Overlay (lQ ) — Master Planned Development Overlay (MPDO) 15.03.030 — District and Map Overlay Intent Statements The District Intent district intent statements define the specific purpose of each district— and/or zoning map overlay. They shall reflect the policies of the Yakima Urban Area Comprehensive Plan; shall serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the reviewing officialAdministrative Official interpret the standards and provisions of this title. 1. Suburban Residential District (SR) The intent of the Suburb residential district Suburban Residential District is to provide a variety of residential lifestyles with densities generally ranging from two unitsone unit per five net residential acre to seven units per net residential acre.- The higher densities aredensity is reviewed and considered to be permitted when a public water system and the regional sewer system are usedavailable, or if these utilities are not available, whcna community water and sewer systems may be allowed after review by Yakima County Health District and the City of Yakima. (See Section 15.05.030(C) Table 5.1) This district is further intended to: — Limit residential density to one unit or leas -per five net residential acrcacres in areas where A. flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities;. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated and B. b. Maintain surface and groundwater quality and avoid along with the avoidance of potential health hazards by limiting residential density to twe— uni-t-s -e'r l- e-ssone unit per five net residential acr eacr es, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; and 49 C. c. Provide the opportunity for suburban residential development, up to three dwelling units per net residential acre, in areas with either public /community water service or a community sewer system; and D. Allow residential development to seven dwelling units per net residential acre in areas with both public /community water service and an approved community sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low- density residential development and clusters of higher- density residential development. The minimum lot size in the district varies according to the suitability of the land for development and the provision of urban level services. See Section 15.05.030(E). 2-2. Single-familyFamily Residential District (R -1) The single - family residential district is intended to: A. a. Establish and preservenew residential neighborhoods for detached single - family dwellings free from other uses except those which are compatible with, and serve the residents of this district„ which may include duplexes and zero lot lines if established during the subdivision process; and B. b. Preserve existing residential neighborhoods for detached single - family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of, this district; and C. Locate moderate - density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single- family dwellings are the primary use in this district. -The district is characterized by forty -five percent lot coverage; access to individual lots by local access streets; large front, rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. However development This zone is intended to afford single - family neighborhoods the highest level of protection from encroachment by potentially incompatible non- residential land uses or impacts. Non - residential uses within these zones are not allowed; except for public or quasi- public uses, which will be required to undergo extensive public review and will have all necessary perfounance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. 50 Development exceeding seven dwelling units per net residential acre, may be a llr . A i a ' +1, Table 1 Tl.:.. 1,: ,...1. .,� .lr- �_.� -- - 7_ -- -1_ 1 accordance Ilse tiV'i tll 1 UOIVs T -1. - • • - • n higher density would be compatible with neighboring land uses and the the Yakima Urban Area Comprehensive Plan. Public water, sewer and - • es—are generally available throughout the district. . (Ord. 9513 §1,1 -9-95) 3. 3. Two- familyFamily Residential District (R -2) _The purpose of the two- family residential district is to: A. a. Establish and preserve residential neighborhoods for detached single - family dwellings, duplexes and other uses compatible with the intent of this district; and B. b. Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. - The district is characterized by up to fifty percent lot coverage, access via �_ local access streets and collectors, one and two story buildings, some clustering of units, and large front, rear and side yard setbacks. Typical uses in this district are single- family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre; however. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with Table 4-h neighboring land uses and the level of public services, and is consistent with tl • • • - - ► Plan. (Ord 95 13, §2,1995), Chapter 15.04. 4: 4. Multi- fyFamily Residential District (R -3) The multi family residentialMulti- Family Residential district is intended to: A. Establish and preserve high- density residential districts by excluding activities not compatible with residential uses; and, compatible with regular uses; --and B. b. Locate high - density residential development more than twelve d units per net residential acre areas the fall acre in r vuo receiving v'ing 1.u�, fall range of urban services; and C. c. Locate high- density residential development near neighborhood shopping facilities; and, c1 �1 D. d. Locate high- density residential development so that traffic generated by the development does not pass through lower- density residential areas. The district contains a variety of attached or clustered multi - family dwellings. 5:-5. Professional Business District (B -14 1). The professional businessProfessional Business district is intended to: A. a. Establish and preserve areas for professional offices; and B. b. Provide a buffer between commercial clusters and residential neighborhoods; and. C. c. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas, a mix of professional offices and multi- family dwellings are the primary uses in the district. Generally, the Professional Business District contains smaller lot or parcel sizes. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site since site. Site screening requirements have been established to soften the visual impact of large buildings and parking lots and to minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high - density residential development and office uses. 6. Local Business District (B -2 —). The purpose of the local business districtLocal Business District is to: A. a. Provide areas for commercial activities outside the central business district that meet the small retail shopping and service needs of the community; and B. b. Accommodate small -scale commercial uses that need a higher level of visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. 7. 7. Historical Business District (HB) _The purpose of the Historical Business District is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional neighborhood business uses, and to allow these structures to be replaced if destroyed.— This district is not intended to allow structural expansion.. -,, or expansion of the use onto 52 adjoining lots. it is further intended that this district is not to serve as a SCC e ce center e e Co Small nvninntr () a mples of HB uses taverns, .r .. .. - . ... .. .. ..v v.. .... v . , w. v v f . E u�w �.ii r i vv of Pen VJ are: LU V Nl d1J, small grocery stores, Laundromats, and other businesses thatwhich serve the immediate residential neighborhood around this district. This zoning district is not intended to be allowed to be further expanded or formed. Small Convenience Center District (SCC) _The purpose and intent of the small convenience centerSmall Convenience Center district is to: A . a. Provide areas for commercial activities outside the central busincssdowntown commercial district that meet the retail shopping and service needs of the community; and B. b. Accommodate small commercial centers, generally thr-eetwo to tenfive acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centersSmall Convenience Centers serve the day -to -day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize the-undesirable impacts of the center on the n eighb o rh oo d it Uses this district should be retail on the neighborhood VU ll serves.- VJeJ in t L111J UIJUIGL J11V UlU UG rGLQll or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. 9. 9. Large Convenience Center District (LCC) _The purpose and intent of the large convenience centerLarge Convenience Center district is to: A. Provide areas for commercial activities outside the central busdowntown commercial district that meet the retail shopping and service needs of the community; and meet the retail shopping and service needs of the community; and area significantly larger than a neighborhood. New large convenience centers will generally be great- - . -- - . - • - size, and may be permitted when they demonstrate that they will commercial areas or surrounding land uses. B. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses are coordinated in a manner around 53 a common parking lot and usually with two major commercial approach driveways. Lar_e Convenience Centers serve the sho . sin_ and service needs of multiple surrounding neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary occupants usually being such uses as multiple tenant shopping, restaurants, office complexes and multi mixed -uses. 10. Central Business District (CBD )Airport Support District (AS). The purpose of the Airport Support district is to accommodate airport and aircraft related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of development is directly related to airport and /or aircraft related uses. business district of the City of Yakima anion's center of commerce, industry, r creation and culture. This district is characterized by very service establishments, high density residential development, financial 11. General Commercial District (CBS-) GC). The purpose of the CBD supportGeneral Commercial district is to accommodate wholesale and retail activities with some high- density residential development. This district is primarily located near the central business district and along the major arterials 1 ading to the central business district.as designated in the Yakima Urban Area Comprehensive Plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. 12 —. Central Business District (CBD). The purpose of the Central Business District is to preserve the business district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high - density residential development, financial institutions, professional buildings and government offices. 13. Regional Development District (RD) The purpose of the Regional Development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large scale retail, culture and large multiple mixed uses. This district is characterized by very intensive development and a v ariety of land uses including retail sales and service establishments, high- density residential development, financial institutions, professional office buildings, hotels, condominiums and corporation headquarters. 54 • 14 T. icht Tndnctrial Tlictrint (&4_1) The intent of the light industrial district is to: A. a. Establish and preserve areas near designated truck routes, freeways and the railroad for light industrial uses; and B. b. Direct truck traffic onto designated truck routes and effaway from residential streets; and C. c. Minimize conflicts between uses in the light industrial district and surrounding land uses. The light industrial district provides areas for light manufacturing, processing, research and wholesale trade, storage and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor or fumes that would constitute a nuisance or hazard. 13.15. Heavy Industrial District (M -2) The intent of the heavy industrial district is to: fA.Estahlish and preserve areas near designated trick r free and the railroad for heavy industrial uses; and bB. Direct heavy truck traffic onto designated truck routes and effaway from residential streets; and eC. Minimize conflicts between heavy industrial uses and surrounding land uses. The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing, and distribution and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor, fumes or smoke that require their protection from encroachment by incompatible land uses. 1J.,--16. Airport t Ci j0 v criay (AS-0-) AO). The Airport Safety -- Overlay is intended to protect the airspace around state and f deral system airportsthe Yakima Air Terminal at McAllister Field from airspace obstructions or hazards and incompatible land uses-in prx-ifnity--to the Yakima Air Terminal at McAllister Field. In addition to the regulations of the principal use district, the Airport Safety Overlay includes provisions for: A. a. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future commercial and industrial development; and 55 B. b. Assuring that land uses located locating near the airport are compatible with noise, height obstruction and other impacts from the airport operation. 46,17. Floodplain Overlay Thy In addition to the regulations of the principal use district, the floodplain overlay district include pro visions f r; a. Restricting or prohibiting uses which may taus dangerous increases in erosion, flood heights or flood velocities; b. Requiring that uses vulnerable to floods, and facilities that serve such . - , . .. _ .. - . - - -- - .-, c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate or channel flood waters; d. Controlling filling, grading, dredging, and other development which may increase flood damage; c. Preventing or regulating the construction of flood barrier ^� ,� hichh --will •- e -- - .. - - • - - - -- . . - . - ; LFO) The purpose of the floodplain overlay district is to minimize public and private losses due to flooding. The specific provisions of this district are iFloodplain Overlay is to: A. a. Protect huiftannatural drainage system associated with floodways and floodplains; B. Ensure that new development will not affect the flood elevations in surrounding areas; C. Ensure adequate protection of life and „health; and property from flood events; D. b. Control development located within the 100 -year floodplain unless it is possible to mitigate; E. Ensure development is restricted within the floodway unless it is water dependant; F. Emphasize FEMA standards in planning for flood prevention and damage reduction. G. Comply with the City of Yakima's Shoreline Master Program. H. Minimize the expenditure of public money for flood - control projects; and, I. c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with public money; and, J. d. Minimize damage to public facilities and utilities such as water lines, sewer lines, and streets; and, 56 • K. c. Protect river, creek and stream channels from encroachment so that flood heights and flood damage will not he appreciably increased; and, L. f. Ensure that potential buyers are notified that FEMA mapping is used to help identify that property is in an area of special flood hazards; and, M. g. Ensure that theseproperty owners who occupy flood hazard areas assume responsibilityhave adequate information when they apply for development changes to their property so the property owner can assess the results of their development actions; and, N. h. implement the Continue to implement the National Flood Insurance Program.-; and. O. Use and enforce the Building Code to help minimize losses due to flooding. X18. Greenway Overlay District (GD) (GO). The Yakima River Regional Greenway Plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. in addition to the provisions of the principal use district, the Greenway Overlay District includes provisions for: The Greenway corridor extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by the state legislature with the creation of the Washington State Yakima River Conservation Area. a. Making the greenway The Greenway corridor is classified into natural, conservation, and recreation areas. Each Greenway corridor area may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat landings, parks, playgrounds, campgrounds and group camps. Many of the Greenway facilities, such as trails, have been constructed on the top of existing dikes and levees. The Greenway provides access for levee maintenance and repair and is 1GJ V11J1U1G for Ua.11la., - G lUtrails caused U 11U011lil :. In addition to the provisions of the principal use district, the purpose of the Greenway Overlay is to: A. Make the Greenway more attractive and accessible to the public; B. b. AssuringAssure development conserves shoreline vegetation and controls erosion; C. . . - -• - - - :Implement the Yakima County /City Shoreline Master Program and the Yakima River Regional Greenway Plan; D. d. LimitingLimit development to these activities which are particularly dependent on a location in the Greenway; E. e. PreservingPreserve and protecting the fragile natural resources and culturally significant features along the Greenway; 57 F. . . ' - :Increase public access to publicly -owned areas of the Greenway where increased use is desirable; G. g. ProtectingProtect public and private properties from the adverse effects of improper development in hazardous shoreline areas; H. h. GivingGive preference to uses creating long -term over short- term benefits. (Ord. 3019 §11,1987; Ord. 2947 §1 (part), 1986) -19. Master Planned Development Overlay (PD) The Master Planned Development Overlay is intended to allow larger scale, mixed -use developments in selected areas of the City where certain development requirements may be adjusted as necessary to promote and integrated approach to planning and site design. The City finds that such developments require special review and conditioning to ensure that adjacent areas are preserved and protected. (Ch. 15.28) 20. Institutional Overlay (IO) The Institutional Overlay is intended to allow designated community institutions that are valuable and necessary to the community, but which are located adjacent to or within residential zones. The City finds that these institutions require special review and conditioning to ensure that adjacent residential areas are preserved and protected. (Ch. 15.31) The Institutional Overlay includes provisions to: A. Make the institution more compatible and accessible to the public; B. Assure development has the ability for future expansion; C. Provide increased protection such as increased buffers as the institution locates closer to residential districts, especially R -1. D. Utilize the goals and policies of the Yakima Urban Area Comprehension Plan. 15.03.040 Map of Zoning Districts and Overlays. A. Adoption, Changes, Filing, Replacement _The zoning districts established by this title are defined as shown on the Official Zoning Map for the Yakima Urban Growth Area.- The Official Zoning Map, together with all the explanatory material thereon, is adopted by reference and declared to be a part of this title. In addition, any adopted overlay shall be displayed on the zoning map as identified by the adopted ordinance. The official zoning map for the unincorporated portion of the Yakima Urban Growth Area shall be maintained in the Yakima County Planning Depart ent.Division. The City of Yakima Department of Community and 58 Economic Development shall maintain the official zoning map for that portion of the Yakima Urban A rea Within the Valeima City limits Each official zoning map shall be identified by the signatures of the legislative body havingadopted ordinance of the appropriate jurisdiction and the date of adoption.- The official zoning map maintained by the county /city shall be the final authority as to the current zoning status of land. Any changes in the district boundaries established by this title shall be made in accordance with the provisions of this title. -The official zoning map shall be promptly changed after the amendment has been approved by the respective legislative body with jurisdiction. No changes of any kind shall be made on the official zoning map except in conformance with the procedures of this title. -Any unauthorized change by any person(s) shall be considered a violation of this title and punishable as provided under Chapter 15.25. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the legislative body may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. B —B. Basis for Mapping the Floodplain DistrictOverlay area, Warning and Disclaimer of Liability. The Floodplain Overlay District shall be that area within the One Hundred- , :7 ____ - 3t -�-- shown n�an of the Federal Flood a ear Floodplain shown ` - z - - - - �3v of on the Federal Flood insurance Rate inapsMaps (FIRM) for the city and county. Consult the flood insurance • - • . - - • cation of the overlay district. • 1 am .: •... • . . - 4 _ _ : : :Y...• - r - • - ": • special flood hazards) or uses permitted within the district will be free from not create liability on the part of county /city or any officer or empleyee thereof, er• which are .eriodicall, u•dated b the Federal Insurance Administration, ffer .- . - ., - -. , •. •: .Emergency Management Agency (FEMA). 59 Chapter 15.04 PERMITTED LAND USES A. Sections: 15.04.010 Purpose. 15.04.020 Land use classification system. 15.04.030 Table of permitted land uses. 15.04.040 Unclassified uses. 15.09.050 Zero Lot Line Development 15.04.050 060 Accessory uses. 15.04.0070 Overlays 15.04.080 Drive -Thru Facilities 15.04.060090 Yard salcs.Sales. 15.04.070 100 Caretaker dwellingsDwellings. 15.04.080 -110 Swimming peelsPools. 15.04.090120 Home occupationsOccupations. 15.04.130 Temporary Use Permits 15.04.115 Standards for mobile /manufactured home parks 15.04.120 Placement of mobile /manufactured homes in residential districts 15.04.140 Temporary Hardship Unit Permits 15.04.150 Standards for Mobile /Manufactured Home Parks 15.04.160 Placement of Mobile /Manufactured Homes in Residential Districts 15.04.170 Placement of Manufactured Modular Nonresidential Structures 15.04.130 Placement of communication towers 15.04.180 Communication Towers 15.04.190 Social Card Rooms 15.04.200 State Fair Park — Exposition & Special Events Center 15.04.010 - Purpose For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and other land uses that, regardless of site design, are not consistent with the intent or character of the district. The purpose of this chapter is to establish the degree to which each land use is permitted in each district and establish the appropriate leveltype of review for each land use in terms of the specific standards and requirements of each district. (Ord. 2947 §1 (part), 1986) 60 155.15.04.020 - Land Use Classification System. Land uses within each zoning district shall be classified into four principal categories as follows:which establish a Class of use. The Class of use generally con-esponds to a Type of review that is based on a level of review complexity. However, certain circumstances may alter the Type of review due to a higher or lower complexity. • A. Class (1) Uses net–requiring Class (2) Review are permitted; prnvirlPd that the district standards of this title are met. The building official The Administrative Official shall use the procedures in Chapter 15.13 to review Class (1) uses and associated site improvements compliance with the provisions and standards of the zoning district in which they arc located. Class (1) uses in certain situations may require C1asaa Type (2) Review when: single family dwellings and duplexes, is in the floodplain or Greenway Overlay Districts; or i t park family dwelling Airport Overlay District; pails or multi iaurrry uaVclrurig is in the 1 �u��r� vv�rray District; Of c. The proposed use includes hazardous materials; or d. The applicant requests adjustment of one or more of the specific . - . - .. - -- - . .. .. .. .. eview, as required by 15.1013.020. The procedures in Chapter 15.14 shall be used to review and evaluate Class (1) uses that require a Type (2) review process. B. Class (2) Usesuses are generally permitted in the district.- However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, C1assa Type (2) Review by the administrative effleialreview by the Administrative Official is required in order to promote compatibility with the intent and character of the district and the objectives olp Kies and development criteria of the Yakima Urban Area Comprehensive Plan. The administrative official may approve, deny, or impose conditions on the proposed use and site improvements The procedures in Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain circumstances the Administrative Official ma require that a Class 2` use undergo a Type (3) review, as provided elsewhere in this title. The procedures in Chanter 1 5.14 shall he used to review and evaluateC. Class (2) uses. 2 —C (-3) Uses are generally not permitted in a particular district, but may be allowed by the hearing examinerHearing Examiner after 61 Classa Type (3) Reviewreview and a- public hearing. The hearing ewer The Hearing Examiner may approve, deny, or impose conditions on the proposed use and site improvements, to promote compatibility with the intent and character of the district and the objectives olp icier and development criteria of the Yakima Urban Area Comprehensive Plan. _The procedures in Chapter 15.15 shall be used to review and evaluate Class (3) uses or Class (2) uses that have been forwarded to the Hearing Examiner for review. D. Uses Not Permitted. UsesAny use listed in Table 4 -1 and not classified subsections 1, 2 or 3 of this section as either a Class (1), (2) or (3) use in a particular district arc not, shall not be permitted in that district. A request for an Unclassified Use, under 15.04.040, that is denied by the Hearing Examiner is considered as a Use Not Peuuitted. • E. Multiple Uses. When two or more uses are proposed in for the same project, the entire project shall be subject to the l velType of review required by the highest classified use, Class (3) uses being higher than Class (2), and Class (2) uses being higher than Class (1). (Ord. 3019 §12, 1975; Ord. 2917 §1 (part), -I-98-6-) 15.04.030 —Table of Permitted Land Uses. Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each peimitted 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 ClassType (2) review in accordance with Section 15.04.020(A) -_ All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. (Ord. 98 59 §2, 1998; Ord. 98 61 §1; Ord. 95 36 §2, 1975; Ord. 95 13 §3 1, 1995; Ord. 93 81 §16, 1993) 62 Table 4 -1� SR ell R2 R3 B1 B2 HB SCC LCC AS GC CBD RD IVl1 M2 L L m n3 c cr) m ai a> c co m U U E 5 .o : 0 70 '= w c m o ti o c TA E m co c o c a TD co 76 'c � c U o c c C ti a) Q) U p as E E o c c o is m m c > ? (13 as co 0 a o o L i c m u. a� �� U U Q C o_ J = n �? 0 2 . @ a) 0 c m C7 c F-- rc d E i i6 0 N SR R1 R2_ R3 B1 B J T1 I B SCC LCC AS GC CBD RD M1 M2 AGRICULTURAL (COMMERCIAL) AGRICULTURAL (COMMERCIAL) Agriculture, Horticulture, General 1 _ _ _ _ _1 _ _. _ 1 1 Farming (not feedlots and stockyards) 0 Agricultural Building ( *) 1 _ _ _ _ 1 _ _ _ 1 1 Agricultural Chemical Sales /Storage 1 - 1 1 Agricultural Market ( *) 1 _ _, _ _ 1 1 1 _ 1 1 1 1 _, Agricultural Stand ( *) 1 1 1 Agricultural Related Industries ( *) 3 _ _ - _ 1 _, _ 1 1 Animal Husbandry (See YMC 1 2 1 1 15.09.090) ( *) 63 Table 4 -1 SR R1, R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Concentrated Feeding Operation ( *) 3 Floriculture, Aguaculture 1 _ 1 1 Fruit Bin Sales /Storage 3 _ - - _ _ _ 2 _ _ 1 1 AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION Amusement Park (Permanent) ( *) _ - - - _ 3 _ 3 3 1 3 _ Bowling Alley _ - _ - _ 2 _ 2 2 _ 1 1 2 3 Campground ( *) 3 _ _ _ _ _ _ _ _ 2 _ _ Drive in Theatres 3 _ _ _ - _ _ _ _ 2 - 2 2 State Fair Park (see YMC (See YMC Section 15.04.200) 15.04.135) n Game Rooms, Card Rooms, Electronic _ _ _ _ _ _ 3 2 1 2 2 2 _ _ ' Game Rooms ( *) Social Card Rooms (See YMC _ - _ - - - 3 3 _ 3 3 _ - - 15.09.190)0 Golf Courses, Clubhouses, Golf Driving 3 3 3 3 _ _ _ _ _ _ _ _ 1 _ Ranges Gymnasiums, Exercise Facilities (Not _ _ 3 2 2 _ 1 _ 2 1 1 1 1 2 associated with a use allowed in the zoning district Horse Racing Tracks, Speedways 3 3 _ 64 Cable 4 -1 L ; SR F22 R3 B2 HB SCC PEI AS F CBD RD M1 M2 Miniature Golf Courses _ _ 3 3 1 1 1 Movie Theatres, Auditoriums, Exhibition 1 1 1 Halls - - - - - — - — — - Aquatic Center 3 _ 3 3 1 2 _ Parks (1 - 2 3 2 2 2 2 2 2 _ 2 2 1 2 2 Roller Skating or Ice Skating Rink _ _ . _ 2 2 1 1 3 COMMUNITY SERVICES COMMUNITY SERVICES Cemetery / Crematorium with Funeral 3 3 3 3 3 - - _ _ - - _ - 3 _ Home Churches, Synagogues, Temples ( *) 2 3 2 2 2 2 2 2 _ 1 1 2 Community Center ( *) Meeting Halls, 2 3 2 2 2 2 2 2 2 1 1 1 2 Fraternal Organizations ■' Convalescent, Nursing Homes and 3 2 2 2 _ _ _ 3 3 _ _ - Group HomeF.. ( *) Day Care Facilities (not home 1 2 2 2 2 2 2 2 1 1 1 occupation): Family In -Home ( *) — — — — — — — — — — Day Care Center ( *) 3 3 3 2 1 1 2 1 1 2 1 1 2 1 _ Funeral Home not associated with 3 _ 2 2 2 1 _ 1 1 2 2 _ Cemetery / Crematorium Police, Fire Stations, Ambulance 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Service 65 • Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Hospital ( *) Inside Institutional Overlay (See YMC Section 15.31) Hospital ( *) Outside Institutional Overlay 3 3 3 3 3 _ _ 3 3 _ 3 _ Treatment Centers For Drug and _ _ 3 3 3 3 _ 3 3 3 3 _ Alcohol Rehabilitation Correctional Facilities 3 _ _ _ _ - _ _ _ - 3 3 3 3 3 Community College / University - Inside (See YMC Section 15.28) Institutional Overlay Community College / University - 3 3 3 3 3 2 2 2 2 3 2 3 2 2 _ Outside Institutional Overlay Libraries 3 3 3 2 1 2 1 1 1 _ 1 1 1 _ ' Museums, Art Galleries _ 3 3 2 1 2 1 1 1 1 1 1 1 _ _ Schools, Elementary and Middle ( *) 3 3 3 3 3 3 _ _ _ _ 1 3 _ _ Senior High School( *) 3 3 3 3 3 3 _ _ _ _ 3 3 _ _ Business Schools( *) 3 3 3 3 3 3 _ 2 2 1 1 1 2 2 _ Vocational Schools ( *) 3 3 3 3 3 2 _ 2 2 1 1 1 1 3 Wastewater Sprayfield ( *) 3 _ _ _ _ _ _ - _ _ _ 3 3 Zoo ( *) 3 _ 3 3 _ 3 3 MANUFACTURING MANUFACTURING Aircraft Parts _ _ _ _ _ _ _ _ 1 _ _ _ 1 1 66 7Cable 4-1 : SR R 1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Aircraft Commercial (*) and Industrial 1 _ _ 1 2 uses on land owned by the Airport Board Apparel and Accessories - _ _ _ _ - _ 3 2 _ 1 1 Bakery Products (wholesale) _ _ _ - _ _ 2 _ 2 2 2 - 1 1 Beverage Industry(`) _ _ _ 2 2 2 1 1 Canning, Preserving and Packaging 1 1 Fruits, Vegetables and Other Foods Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural 3 1 Wood, etc.) Concrete, Gypsum and Plaster Products 2 _ - _ 1 1 Confectionery and Related Products _ _ _ 2 _ 2 2 1 1 1 1 (wholesale) Cutlery, Hand Tools and General _ - - - - - 1 - _ 1 1 Hardware Drugs - - - - - - - 1 2 1 1 . Electrical Transmission and Distribution _ _ _ - 1 _ 2 _ 1 1 Equipment 67 Table 4-1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Electronic Components and Accessories - _ - - - _ - 1 2 2 - 1 1 and Product Assembly Engineering, Medical, Optical, Dental, _ _ _ _ _ _ _ _ _ 1 2 _ 1 1 Scientific Instruments and Product Assembly Fabricated Structural Metal Products _ - 2 3 3 - 1 1 Food Processing _ _ _ - _ - _ 2 - 1 1 Furniture and Custom Cabinet Shops _ - _ _ _ _ - - - 2 3 _ 1 1 and Product Assembly Glass Pottery and Related Products and _ _ _ _ _ _ _ _ 2 2 _ 1 1 Assembly Grain Mill Products _ _ _ - _ - - _ - - 3 - _ 1 1 Heating Apparatus Wood Stoves _ _ _ _ _ _ _ _ _ _ _ 1 1 Leather Products _ _ - - _ _ _ _ _ _ 3 _ 1 1 Leather Tanning and Finishing _ _ _ 1 1 Machinery and Equipment _ - _ _ _ 1 2 _ 1 1 Meat, Poultry and Dairy Products _ _ 1 1 Paints, Varnishes, Lacquers, Enamels _ 3 1 and Allied Products Paperboard Containers and Boxes _ _ _ _ _ _ _ 1 3 - _ 1 1 68 Table 4 -1 — iaR R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Plastic Products and Assembly _ - _ 1 2 1 1 Prefabricated Structural Wood Products _ _ _ _ - - _ _ _ 1 _ 1 1 and Containers Printing, Publishing and Binding _ _ _ _1 3 1 1 ^Printing Trade (Service Industries) - - _ - - 2 -- 2 2 _ 1 1 _ 1 Rendering Plants, Slaughter Houses 3 Rubber Products _ —_ _ 1 2 1 Sign Manufacturing and Product _ _ _ _ _ _ 2 1 1 _ _ 1 1 Assembly O Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops - 2 _ _ 1 1 Stone Products (includes finishing of _ _ _ _ - 2 _ 1 2 2 _ 1 1 monuments for retail sale) Transportation Equipment, Including _ 1 1 Trailers and Campers Woodworking: Cabinets, Shelves, etc. _ - _ _ 3 1 2 - 1 1 MINING /REFINING /OFF -SITE - MINING /REFINING /OFF -SITE HAZARDOUS WASTE TREATMENT HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, 3 - _ _ - - - - - - - 3 1 - il , Rock Crushing 69 • Table 4 -1 SR RI R2 R3 131 B2 HB SCC LCC AS GC CBD RD M1 M2 Mining Including Sand and Gravel Pits 3 3 3 _ _ _ _ _ - _ 0 Stockpiling of Earthen Materials 2 2 2 2 1 1 1 1 1 1 1 1 _ 1 1 Not within FEMA Flood Plain( *) Off Site Hazardous Waste Treatment _ _ _ _ _ _ _ _ _ _ _ 3 3 and Storage Facilities( *) RESIDENTIAL RESIDENTIAL Accessory Uses ( *) See YMC 15.04.050 Detached Single- Family Dwelling ( *) 1 1 1 1 _ _ Detached Single- Family Dwelling (zero 2 2 2 2 _ _ lot line) ( *) Attached Single - Family Dwelling (*), 2 2 1 1 _ - - Common Wall ( *) Two - Family Dwelling (Duplex) ( *) 3 3 1 1 _ _ _ _ Converted Dwelling ( *) 3 3 2 2 2 2 2 2 2 _ 2 1 _ _ _ Multifamily Dwelling ( *): 0 -7 DU /NRA 2 1 2 2 2 2 2 2 - _ - 8 -12 DU /NRA _ 2 1 2 2 2 2 - 2 2 _ - 13+ DU /NRA _ _ 3 1 2 2 2 2 - 2 2 _ _ Multi Family Above Ground Floor Non- 1 1 1 1 1 1 1 _ _ residential 70 Cable 4 -1 SR R1 1t2 R3 R1 132 FHB SCC LCC AS (�� CBD RD M1 M2 Planned Development ( *) See 'YMC 15.28 Mobile Home Parks ( *) 3 II[ - - - - I IIIL ! IIIII — - -7 - Mobile Home ( *) or Manufactured See YMC 15.04.120 Homes ( *) Boarding House ( *) 3• 3 3 3 3 1 2 Clean and Sober Facility or Halfway _ _ 2 _ _ _ _ - 3 3 _ _ _ House( *) Retirement Homes ( *) 2 3 1 3 _ _ _ _ 1 1 - _ _ Temporary Hardship Units (See 2 2 2 2 2 2 2 2 - 2 2 _ 2 YMC 15.04 :10) RETAIL TRADE, AND SERVICE RETAIL TRADE, AND SERVICE Addressing, Mailing, and Stenographic _ _ _ 1 1 2 1 1 1 1 1 1 - - Services Advertising Agencies _ _ _ 1 1 2 1 1 1 1 1 1 _ Animal Clinic /Hospital /Veterinarian ( *) _ _ 2 2 2 1 2 1 1 - 1 _ Antique Storer _ - - - 2 2 2 1 1 1 1 _ - Artist's Supplies _ 1 1 1 1 1 1 1 _ Auction House for Goods ( *) 3 _ _ 3 3 3 3 3 2 2 Auction House for Livestock ( *) 3 3 71 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Automobile Dealer New and Used Sales _ _ _ _ _ 2 _ 2 _ 1 3 1 1 _ Weekend Automobile and Recreational _ _ _ _ _ _ _ 1 _ 1 _ 1 _ _ Vehicle (RV) Sales Automotive: Car Wash / Detailing _ _ _ 2 2 1 1 1 1 2 _ Parking Lots and Garages _ _ _ _ 2 1 _ 1 1 1 1 1 1 1 _ Maintenance and Repair Shops _ _ _ _ _ 2 _ 1 1 2 1 2 _ 1 2 Massage Therapy / Spa (`) _ _ _ _ _ 1 1 1 1 1 1 1 1 _ _ Paint and Body Repair Shops _ _ _ _ _ 2 _ 3 1 _ 1 _ 1 2 ' Parts and Accessories (tires, batteries, _ _ _ _ _ 2 _ 2 1 1 1 2 1 2 . etc. Towing Services _ _ _ _ _ 1 - 1 1 Wrecking and Dismantling Yard ( ") _ _ 3 1 Bail Bonds _ _ _ _ _ 1 1 1 _ Bakery _ _ _ 2 1 1 1 1 1 1 1 1 _ Beauty and Barber Shops _ _ _ 2 1 2 1 1 1 1 1 1 2 _ Bed and Breakfast Inn (*) 2 _ _ 2 2 _ _ 2 2 2 1 _ - Boats and Marine Accessories _ _ _ 2 2 1 1 1 1 _ 72 TabU��- �R �� B3 B1 B2 HB SCC LCC AS GC ��BD RD K82 ---'- ' - --� ^-- ---- | -- --- --- -~� ---' --- --- ---- - Books, Stationery, Office Supdieo � 1 1 1 1 1 1 1 2 Butcher Shop --- ---- - - 1 --- 1 1 - 1 2 2 Call Center --- ' ------ 2 1 2 1 1 -1 | - --' ' --- l CamomSto[e - - � 1 2 1 1 -1 1 1 '1 | - --- ' ---- Candy Store . ' 2 1 2 1 1 '� 1 1 _1 | | Clothing and A000asohon 2 1 1 1 1 1 1 _1 | -- - -- — Coin and Stamp ShoV 2 1 2 1 1 -1 1 1 -1 Contractor Building and Trade <e.q.. - � 2 2 ~� 1 1 1 P|umbinq, Hoatinn, Electrical, Painting, etc.) | - - ---- . Commercial Services (*) - J 1 2 1 1 1 1 -1 2 Communication T��(°} S�YMC 15.04.130 | - -- -- ---- Computer and E|ootmnioStores 2 1 1 -1 1 1 '1 Delicatessen � - ' 2 1 1 1 1 1 � - _____ Dopanment.['iaoount.Vuh*tvStumo 2 2 1 -1 1 1 - (25,000 o� �or|oeo) Discount, Variety -- Department, ioonunt. hetv '� -8 -1 - _1 -1 1- i | /250O1 oqj��rmona) ' 73 - - -` - - - - ° P • Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Pet Daycare / Animal Training 2 1 1 1 2 1 1 2 Drug Stores ( *) (optical goods, _ _ _ _ 2 1 2 1 1 1 1 1 1 _ _ orthopedic supplies) Employment Agencies (private) _ _ - _ 1 1 _ 1 1 1 1 1 1 _ _ Espresso / Coffee Drive - Through ( *) _ _ - _ 3 2 _ 2 2 1 2 2 2 3 _ Espresso / Coffee Stand ( *) _ _ - _ 1 1 1 1 1 1 1 1 1 _ _ Fabric Store _ _ _ - _ 1 2 1 1 1 1 1 1 _ Farm and Implements, Tools and Heavy _ - - _ _ _ _ _ _ 1 2 - 1 1 Construction Equipment Farm Supplies - _ _ _ _ _ _ 2 2 1 1 2 1 _ FinancialInst.itutions _ _ _ - 1 1 _ 1 1 1 1 1 1 Florist _ _ _ _ 2 1 1 1 1 1 1 1 1 Food Store, Specialty - _ _ _ _ 1 2 1 1 1 1 1 1 _ Fuel Oil and Coal Distributors _ _ _ - _ _ _ _ 1 2 _ 1 1 Furniture, Home Furnishings, _ _ _ _ _ 1 _ 1 1 1 1 1 1 _ _ Appliances General Hardware, Garden Equipment _ _ - - _ 2 1 2 1 1 1 1 1 _ _ and Supplies - (25,000 sq ft or less) 74 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 General Hardware, Garden Equipment _ _ 3 - 3 1 _ 1 .1 1 _ and Supplies - (25,000 sq ft or more) Gift Shop 0 2 1 2 1 1 1 1 1 1 Grocery /Convenience Store Closed _ _ _ 2 2 2 1 1 _1 1 1 1 2 _ 10:00 p.m. to 6:00 a.m. Grocery /Convenience Store Open 10:00 _ _ 3 - 3 2 2 1 1 2 1 2 p.m. to 6:00 a.m. Heating and Plumbing and Electrical _ _ _ _ 2 2 1 1 1 1 1 _ _ Equipment Stores Heavy Equipment Storage, Maintenance _ - - _ _ _ _ - _1 _ _ 1 1 and Repair Insurance Agents, Brokers and Service _ _ - 1 1 - 2 1 1 _1 1 1 1 _ _ Agencies j Jewelry, Watches, Silverware Sales and _ - _ 1 2 1 1 _1 1 1 1 _ I Repair I Kennels ( *) 3 2 2 Laundries, Laundromats and Dry _ _ _ _ _ 2 2 1 1 1 1 2 _ 1 Cleaning Plants E Liquor Stores _ _ _ 2 2 1 - 1 1 1 - Lumber Yards - _ 2 1 _ 1 _ 1 1 75 Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Medical and Dental Laboratory. Offices _ _ _ 3 1 1 2 1 1 1 1 1 1 2 _ and Clinic Motels and Hotels _ _ _ _ _ _ 2 1 1 1 1 1 _ _ Motorcycles Sales /Repair (including _ _ _ _ _ 2 1 1 _ 1 3 1 2 _ maintenance_) Music Stores _ 2 2 1 1 1 1 1 _ _ Nursery ( *) 3 _ _ _ _ 1 _ 1 1 1 1 1 1 _ Outdoor Advertising (Billboards) See YMC 15.08.130 Paint, Glass and Wallpaper Stores _ _ _ _ _ 2 _ 2 1 1 1 1 1 _ Pawn Broker _ _ _ _ _ 2 _ 1 1 _ 1 2 1 Pet Stores, Pet Supplies and Doq _ _ _ _ 1 _ 1 1 2 1 1 1 1 _ Grooming Printing, Photocopy Service _ _ _ - 1 1 1 1 1 1 1 1 1 1 _ Professional Office Buildings for _ _ _ 3 1 1 3 1 1 1 1 1 1 2 _ Architects, Attorneys, Government, etc. Radio/TV Studio 3 _ _ 3 2 _ 1 1 _ 1 1 _ 2 _ Real Estate Offices _ - 1 1 2 1 1 1 1 1 1 2 _ Recycling Center ( *) _ _ _ _ _ _ _ _ 3 _ 1 Rental: Auto, Truck, Trailer, Fleet _ - - _ 3 2 _ 1 2 2 2 _ 1 2 Leasing Services with Storage 76 ' . . SR Rd R2 . R3 B1 B2 HB SCC LCC ��BD RD NU M2 Rental: Heavy Equipment (except -1 -1 automotive) with Storage Rental: H Equipment � � -- � oavv qui pme (except _ - 1 � � ' automotive without storage) --- ' --- Repairs: Small Appliances, TVo, ' 1 � 1 1 _1 � Z -1 1 Business Machines, Watches, etc. | Repairs: Locksmiths --- d6 Gunsmiths - ---- ---- . �opai m� an unom o 1 - 1 2 1 1 -1 1 � | Repairs: --' dF itu - . �opai m�am um m 1 - - - - � � 1 1 1 2 Repairs: Small Engine and Bun]mn ' � -% 2 1 -1 1 2 1 - Equipment Restaurant, Cafe and Drive-in EaUnn � 1 1 1 ' 1 1 1 -1 1 Facilities - ' Seamstress, � . U�� -- ---- --' ---- � � 1 1 1 � � � | Second Hand (~) ' ---' � � ---- . oonn an Store � � � � - Service Station (°) Closed Between 3 2 1 1 -1 1 1 -1 1 10:00 p.m. and O:0Oa.m.(°) Service Station (°) Open Between 1O:0O � 2 1 -1 1 � -1 � p.m. and 6:00 a.m. (*) Shoe Repair � d Sh Shine Shops - - oe �n Shoe e opn 1 I 1 1 -1 1 1 1 � | lanmm(|ndoo� - - ---- � 3 3 3 3 1 ' Si printed, painted carved - ---- qnu. p or - - 2 | 2 1 _1 2 1 1 --- -- ---- ' 77 � . . ' � . Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2 Sporting Goods, Bicycle Shops _ _ 1 2 1 1 1 1 1 1 2 • Taverns ( *), Bars, Dance _ _ _ _ 3 2 2 1 1 1 1 1 1 _ Establishments Technical Equipment Sales( *) _ _ _ _ 2 1 2 1 1 1 1 1 1 1 Toy and Hobby Store _ _ _ _ _ 1 2 1 1 1 1 1 1 _ - Truck Service Stations and Shops _ - - _ - _ - _ _ _ 3 2 1 1 Truck (Large), Manufactured Home & 2 1 1 1 Travel Trailer Sales Video Sales /Rental _ _ _ _ 1 2 1 1 1 1 1 1 2 _ Waste Material Processing and Junk 3 1 Handling ( *) TRANSPORTATION TRANSPORTATION Bus Terminals _ _ _ _ _ _ _ _ 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage ( *) Offices, _ _ _ _ _ _ _ 2 _ 2 _ _ 1 1 with Truck Parking Contract Truck Hauling, Rental of _ _ _ _ _ - - _ _ _ 1 _ 1 1 Trucks with Drivers Air, Rail, Truck Terminals (for short -term _ _ _ _ _ _ _ _ 1 2 - 1 1 storage, office, etc.) 78 Table 4-1 3 B2 H� �B GC {�BO �� K82 _=^ ` .�� R1 R2 R.-_ __��-_' __ __� MIMI _ __ __� ___ __ _____ __ Rai|madSwd�hYards, K4eintenanoe 1 1 and Repair Facilities, etc. Taxicab T nce and � � 1 Dispatching Centers, etc. | Airport La _ -1 - - Airport Operations (~) - 1 | -- UT|L|T|ES UTILITIES | Power Generating Fuo|itioa _ - 3 2 1 ' Utility Services (substations. etc.) 3 3 3 3 3 3 3 3 - 1 1 __-� | WHOLESALE TRADE-STORAGE WHOLESALE TRADE-STORAGE Warehouses (*_) - II1 � - � 1 � � - 1 1 | Wholesale Trade (°) -- | ' ----- - � 1 1 � - 1 1 | Storage Facilities, Bulk (°) -------- - 1 2 - 1 1 | St mqe Facilities Commercial (") ' � _1 � - 1 1 RouidonUni-Storago(*) 3 � � 1 % 1 1 | --- ---- - ---- . 79 . � ' - ' - 15.04.040 - Unclassified Uses. Any use not listed in Table 4 -1 is an unclassified use and shall be permitted only in those districts so designated by the - - . - - - • - ° .Hearing Examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use. The hearing examincrHearing Examiner shall follow the provisions of Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. (Ord. 2947 §1 (part), 1986) 15.04.050 - Zero Lot Line Development. A. Purpose. Zero lot line development for single - family dwellings may be permitted in order to: promote efficient land use, peuiiit a more energy efficient arrangement of structures, protect environmentally sensitive area, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this title may be approved by Type (2) review. Zero lot line developments may also be approved on lots created before the effective date of this title by Type 3 review. C. Zero Lot Line Development Standards. See Section 15.09.040. 15.04.060 - Accessory Uses. A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly I 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. 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, SCGHB, LCC, CBD, CBDSGC, M -11 and M -2 districts, subject to the state siting criteria in the Washington Administrative Code adopted pursuant to the requirements of RCW Chapter 70.105 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 arc used by the occupants of the primary use siteresidence. 80 D.— Pets. Pets are permitted as an accessory use provided that in residential districts they are subject to the following restrictions (see definition of Kennel): 1. They are domesticated animals kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats , except such as to constitutcwhen the use constitutes a kennel; 2. Their presence does not create undue noise or odors such as would diminish the ti b a; Create a nuisance or uiiTiinisu �u� residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner: (Ord, 03 81 §17 1993)- and 4. The other provisions of the YMC for animals are followed. E. Agricultural Buildings: Where permitted, an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a place used by the public. F. Accessory Uses — Not Pei itted. No cargo container and /or semi -truck trailer shall be used for a storage facility or other use within any zoning district other than the M -1 or M -2 zoning district. 15.04.5070 Overlays. A. Purpose. Overlay standards and criteria are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances for the Yakima River Greenway Overlay, Institutional Overlay and Floodplain Overlay. The Airport Overlay is established separately pursuant to Chapter 15.30 of this title, and is expressly exempted from the provisions of this section. All Overlays' are specifically governed by other sections of this title. j B. Project Review in Overlay. In order to assure the appropriate standards are applied: 1. All Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review (Chapter 15.14). 2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay shall be subject to Type (3) review. C. Specific Development Standards for Overlays. See Section 15.09.020. 15.04.080 Drive -Thru Facilities. 81 A. Review Required. — Any commercial use having a drive -thru service window or booth shall require one higher leveltype of review than shown in Table 4 -1, except: _1. Those noted as a Class 3 Review which willuse requiring a Type (3) review shall remain Class (3) Reviewa Type (3) review; and 2. Financial institutions or properties that do not abut residential zones. Such "drive thru" facilities mean a window or st .. • . s t„ ��o 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 systemJthe transportation system. C. Elements of Review. = Review is intended to modify or mitigate negative impacts upon adjoining residential uses and arterial systems. Itthe transportation system. The review of a Drive -thru facility shall include consideration of impacts e4from the following: noise from the drive - through speaker and /or car radio, glare from vehicle head lights and exterior lighting fixtures, fumes to residential uses; of , and impacts to transportation traffic flow; and the carrying capacity of the arterial systems. (Ord. 93 81 §18, 1993)street system. The proposed site will require an on site interior parking circulation plan as defined by Section 15.06.030. D. Definition. For purposes of this section, "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. 15.04.060090 - Yard Sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met: 1. Only two yard sales per dwelling unit per year shall be allowed; and 2. Each yard sale shall not exceed three days in duration. (Ord. 29'17 §1 Iv,.= -+\ 1 fs21 15.04.0-70100 Caretaker Dwellings. 82 Caretaker dwellings or shelters for the occupancy of guards, watchmen, or 1 caretakers are permitted as accessory uses in the CBDSGC, M -1 and M -2 districts. Caretaker dwellings or shelters are also permitted in the B -2, SCC, LCC and CBD districts when the dwelling is located within the structure used for the principal use. (Ord. 3019 §11, 1987; Ord. 29'17 §1 (part), 1986)No other dwellings unit(s) or shelter(s) shall be allowed on the same parcel. 15.04.080 110 Swimmin Pools. Swimming pools are permitted as an accessory use to: dwellings, hotel /motels, and boardinghouses, retirement homes, and other residential uses; schools, and recreational facilities when all of the following provisions of Section 15.05.020 • (K) are met__ a. Front yard: The swimming pool, apron, and pumphousc meet the required front yard setback in Table 5 1. b. Side and rear yard: The swimming pool and pumphousc arc set back at extend up to the property-line, c. From an casement: The swimming pool, apron, and pumphousc may extend up to, but shall not encroach upon, an easement. 15.04.090120 — Home Occupation A. Purpose. The conductconduction of a business within a dwelling may be permitted, in the residential districts under the provisions of this section. It is the intent of this section to: 1. Insure the compatibility of home occupations with other uses permitted in the residential districts; and, 2. Maintain and preserve the character of residential neighborhoods; and, 3. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses. B.- Table of Permitted Home Occupations. Table 4 -2, entitled "Permitted Home Occupations," is incorporated as a part of this section. Each permitted 83 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(c120(C) and the 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(-g120(G). TABLE 4 -2 TABLE OF PERMITTED HOME OCCUPATIONS ZONING DISTRICTS SR Rl R2 R3 B1 SUBURBAN SINGLE- TWO - FAMILY MULTI- PROFESSIONAL RESIDENTIAL FAMILY RESIDENTIAL FAMILY BUSINESS RESIDENTIAL RESIDENTIAL Accountant 1 1 1 1 Architect) 1 1 1 1 _ Artist au hor 1 1 1 1 _ arts and afts Attorney I 1 1 1 1 _ Barbersh n. 2 2 2 2 _ beaut ..1 for Bread and 1 2 1 1 breakfast Business l 1 1 1 1 _ Administ ation Cabinet ill 2 _ _ _ 2 work, ca sent A work SR Rl R2 R3 B1 Catering 2 2 2 2 2 Service Ceramics and 2 2 2 2 _ sculpting Composer 1 1 1 1 _ Daycare, 1 1 1 1 1 Famil H me* 84 Dentist I 1 2 2 2 _ Dog i 2 3 3 3 3 Groomin Dressma er 1 1 1 1 _ seamstre s, tailor Engineer I 1 1 1 1 _ 9) Food 1 2 1 1 1 Pre n* Home 1 1 1 1 1 Instructi • * 1 -5 Stu (1ents 6 -8 StuIents 2 2 2 2 2 Insurancq 1 1 1 1 _ Agent Locksmith 1 2 2 1 1 1 Photograiher 1 2 2 2 _ (not including roducti ns studio) Physician 1 2 2 2 _ Product 1 2 2 2 1 Assemblage* Massage 1 1 �1 �1 1 Thera / a* Music Telacher 1 1 1 1 I SR R1 R2 123 B1 Producti n of 1 2 2 2 _ small arti les by hand without t n e 11CP of automate or .roducti • line e. ui , ment 85 Radio, 2 2 2 2 _ Televisio and Small A• .lianc- Repair Real Estate 1 1 1 1 _ Agent Secretari.1 1 1 1 1 - Phone Answeri Desk To. Publishi Service* Small En ine 2 - - - - Repair Wedding 2 2 2 2 2 Service Unclassi' ed Home Occu . ati '►ns: See Secti.n 15.04.091 Refers tc definition in Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner required = Not Permitted C.— Necessary Conditions.- Home occupations are permitted as an accessory use to the residential use of the d^ 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); The incidental a subordinate th r G. l ne home occupation is incidental aand ssubordinate i 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; 86 3.— There are no external alterations to the building which changes its character from a dwelling,; a: That . 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 use of the dwellinguses; 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 than would noiinally be expected in a -the 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 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;, 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 open to inspection and review at all reasonable times forby the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title. D -. Nameplates.- Only one nameplate shall be allowed. -It may display the name of the occupant and /or the name of the home occupation (e.g. John Jones, Accountant). -The nameplate shall be attached to the dwelling, but shall not exceed two (2-)- square feet in area or be illuminated. E. Application, Fee, and Review Period.- Application for a home occc shall be marle in a with the provisions o f Cha 1 C 1 1 ., ....... a. �� v ai shall be marl iii u.vvviuuaavv with the Vl Chapter 1✓.11, 1 except as noted, and shall be accompanied by the appropriate filing fee. 87 l.Thc Administrative Official The administrative official may waive part or all of the requirements for a site plan for Class (1) Nome Occupatian-shome occupations. B. F. Unclassified Home Occupation, Review by the Hearing Examiner. Home occupations not listed in Table 4 -2 and subsection (gD) 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 residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations: 1. Auto repair; 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary clinic or hospital; 5. Painting of vehicles, trailers or boats; 6. Large appliance repair including stoves, refrigerators, washers and dryers; 7. Upholstering; 8. Machine and sheet metal shops; 9. Martial arts school. 10. Taxidermist; 11. Two -way radio and mobile telephone system sales &—and service; 12. Vehicle sign painting (except for the application of decals):); and, 13. Firearms sales and /or gunsmith H -. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the reviewing officialAdministrative Official finds that either the application or record fails to establish compliance with the provisions of this chapter. When any application is denied, the reviewing officcrAdministrative Official 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 officialAdministrative Official shall determine parking requirements for I. home occupations, as provided by ChapterSection 15.06.040(b). This determination shall be guided by, but not restricted tell, the standards of Chapter 15.06. (Ord. 93 81 §19, 1993) 88 15.04.400130 Temporary Use Permits Temporary Use Permits may be issued by the building officialAdministrative Official for temporary structures and associated site improvements used for the storage of equipment, or supervisory offices in connection with major construction projects. Provided that such temporary st and as site improvements may not be maintained for more than one year.— The building officialAdministrative Official may extend this period for a period of up to one additional year. (Ord. 2917 §1 (part), 1986) A site plan showing the location, size and type of structure is required to be submitted at the time of application for a temporary use permit. 15.04.440140 Temporary Hardship Unit Permits In addition to the maximum number of dwelling units permitted on a lot, a mobile /manufactured home may be permitted as a temporary use in all zoning districts. - Applications for a Temporary Hardship Unit Pcrmittemporary hardship unit peiniit shall be subject to Clas ;Type (2) Rcvicwreview and shall only be issued when all of the following conditions are met: 1. The applicant provides a physician's statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision; 2. The temporary h un it meets th m ini mum s and h standards for principal uses in the applicable district; 3.— The temporary hardship unitunits and -the principal dwelling together do not exceed the lot coverage standards for the applicable district; 4. The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy; 5. The approval of the unit will not materially harm the public interest, • the intent of the district, or the character of the neighborhood:; 6. Nn rent, fee, payment or charge in lieu thereof may he made between the recipient and providers of special care for use of the temporary hardship unit;_ Only one temporary hardship unit shall be permitted on a parcel. Temporary hardship unit permits shall be subject to annual renewal, at which time the building official /' - ' - : ° planning department shall review and certify the justification for continuation of the use, or terminate the permit.- The temporary hardship unit shall be removed within ninety days from termination of the use or revocation of the permit. —The responsibility for applying for and obtaining an extension of the Temporary Use Permit temporary use permit shall be solely that of the permit holder. (Ord. 3019 §18,1987: Ord. 2947 §1 (part), 1-9-8 6) 89 15.04.115.150. Standards for Mobile /Manufactured Home Parks. A. A. Purpose.– The purpose of this section is to establish standards and criteria for development and expansion of mobile /manufactured home parks within the urban area.- These standards are provided to ensure uniform, coordinated development of mobile /manufactured home parks and to ensure the general health, welfare and safety of the occupants of mobile /manufactured homes that may be located within a park developed under these standards. -These standards shall be applied in a manner that stresses minimizing costs. Alternatives that reduce costs and meet the intent of these standards will be encouraged. B. Site Plan Requirements.- All proposals for mobile /manufactured home parks shall include a site plan based upon a land survey drawn by a licensed architect, engineer or surveyor and shall include the following information in addition to the standard information required for site plans: 1. All spaces shall be clearly delineated on the site plan and include dimensions and square footage for each space; 2. A building envelope shall be shown within each space; 3. Unit setbacks shall be shown for each space; 4. The location of required parking for each unit shall be shown on the site plan; 5. Streets shall be shown on the site plan; 6. Signage for the park and directional signage shall be shown on the site plan; 7. The location of all solid waste containers and screening of containers shall be shown on the site plan; L-8. All facilities, utilities, improvements and amenities shall be shown on the site plan, including pathways, sidewalks, and recreational facilities. C.— Development Standards. All mobile /manufactured home parks shall be developed in compliance with the underlying zoning district and shall be in compliance with this section.- The density of a park or park expansion shall not exceed the density of the underlying zoning of district.- All required site improvements shall be installed prior to placement of units in the park. Additional site improvements maymay be required by the reviewing official. 1. Minimum Space Size and Width.- The minimum space size and width for a mobile /manufactured home park exclusive of streets shall meet the lot size, lot width and all other standards for detached single - family dwellings, as 90 shown on Table 5 -2 of this title. -Space size may be reduced with the provision of improvements in accordance with the following: a. Provision of Recreational Areas.- Space size requirements of the underlying district may be reduced by a maximum of ten (- percent with the provision of a developed recreational area for use by the residents.- The area shall be suitable for active recreation and shall consist of a - minimum of ten (44)-percent of the park area. (b )-. Provision of Sidewalks.- Space size requirements of the underlying district may be reduced by a maximum of ten ( percent with the provision of - sidewalks a minimum of four (4j -feet in width, serving at least one side of each street and all recreational areas. c. Provision of Curbs, Gutters and Sidewalks.- Space size requirements of the underlying district may be reduced by a maximum of ten (4- percent with the provision of curbs, gutters and sidewalks on both sides of the street. d. Cumulative Space Size Reduction.- Space size may be reduced up to twenty (-2-0)- percent with the provision of any combination of items in subsections (C)(1)(a through i above(e) of this section. 2. Internal Street Paving. A minimum of twenty -four {24- }-feet of paved internal street shall be required for access to each unit, paved in accordance with soctionSection 15.06.110 of this title. 3. Off- Street P T paved off - street parking spaces shall be provided for each unit in accordance with this oar 1 aectontitle, Chapter • 15.06. 4. Street Lighting.- A street light shall be provided at each street intersection within the park. 5. Right -of -Way Dedication and Frontage Improvements.- Appropriate provisions for right -of -way dedication and right -of -way improvements adjacent to the park shall be made, including street paving, sidewalks, curb, gutter, and street lighting. - Improvements shall be installed prior to placement of units in the park, unless an appropriate bond or instrument acceptable to the City or j County appropriate jurisdiction is provided to guarantee installation of improvements. 6. Street Signs and Internal Directional Signs.- All streets within the park shall be named utilizing blue street signs consistent with City of Yakima appropriate jurisdictions public street signs.- Internal directional signs indicating unit /space numbers shall be placed at all street intersections within the park. ni 71 7. Utilities.- All utilities, including irrigation and domestic water and sewer, shall be installed prior to placement of units in the park. -All utilities, including electrical distribution, telephone and cable TV, shall be installed underground.- The internal water system shall include fire hydrants located at the direction of the City of Yakima Fire Department or appropriatc County D partm entappropriate jurisdiction's fire department. 8. Minimum Unit Separation.- Units shall be separated by a minimum of ten (10) -feet, measured from the furthest extremity of each unit, including stairways. 9. Perimeter Sitescreening and Landscaping.- The perimeter of a park shall be sitescreened with a six - foot -high,. view - obscuring fence. Said perimeter and shall include at a minimum a ten - foot -wide landscape strip adjacent to the fence and within the park consisting of a combination of shrubs, trees and groundcover. 10. Stormwater Drainage.- All stormwater drainage shall be retained on site, and a drainage plan shall be approved by the City /Countyappropriate jurisdiction. 11. Dumpsters /Solid Waste Containers.- Dumpsters and solid waste containers shall be provided for common use and shall be screened with a six - foot -high,. view - obscuring fence or wall and access gate. 12. Play Area Requirement._ Each unit shall provide a play area for children contained within the unit's space, consisting of a minimum size of 689six hundred square feet and a minimum width of 15fifteen feet. D.— Expansion of Existing Mobile /Manufactured Home Parks.- All standards of this section shall apply to expansion of existing mobile home parks. -The standards shall not apply to existing areas of a park not being expanded. -The Exam increxaminer may, at his or her discretion, reduce one or more standards of this section for newly expanded areas of a park if expansion plans also include improvements to the existing park area. E.— Maintenance of Common Areas, Landscaping and Open Space /Recreational Areas. All common areas and facilities, including streets, walkways, utilities, landscaping, storage areas, open space and recreational areas, shall be continuously maintained in good condition by the park owner or designated homeowner's association.- An irrigation system shall be installed for maintenance of landscaping and recreational /open space areas that would normally require irrigation. 92 F.— Development Under under Planned Development Provisions of this n,.di This Title. Development of a mobile /manufactured home park may be accomplished under the ' - - ; ! - - - - planned development provisions of this title. (Ord. 98 62 §1, 1998) (Ch.15.28). 15.04.8160 Placement of Mobile /Manufactured Homes in Residential Districts A. Purpose. The provisions established herein are intended to assure that the siting of mobile /manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood. B. Table of Review Requirements for Mobile/Manufactured Homes. Table 4 -3 titled "Review Requirements for Mobile /Manufactured Homes"" is incorporated as a part of this section.- The table indicates in which residential districts mobile /manufactured homes may be permitted as a Class (1) or (2) or (3) use.- All mobile /manufactured homes on individual lots are subject to the specific conditions of Section 15.01.020(c) subsection C of this section and the applicable review procedures of ChaptcrChapters 15.13, 15.14 and 15.15. C. Siting Standards.- All mobile /manufactured homes shall be installed in compliance with applicable City and County Codes. codes. In addition, mobile /manufactured homes installed in the residential districts, not in mobile /manufactured home parks, may be required to meet the following siting standards: 1. Roof Slope. Roof slope shall be not less than a two - (2) foot rise for each twelve (121 feet of horizontal run. 2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site -built homes. 3, Siding Materials. Siding materials shall be wood, Masonitemasonite, or other material compatible with surrounding site - built homes. 4.- Pit Set T> °home. Manufactured homes shall be " "pit set, -"" with first-floor elevation no more than twelve (121 inches above finished grade.- The pit shall be of sufficient depth to accommodate eighteen (181 inches clearance below the frame of the unit with crawl space access located near utility connections.- The foundation shall be installed in 93 compliance with the requirements of the Washington Administrative Code. — Skirting of sidcor side walls shall be installed around the perimeter, and the tongue and axle shall be removed. (Ord. 93 81 §20, 1993; Ord. 93 81 §21, 1993; Ord 95 13, §5, 1995) .. - -- - -. --. .... - Anothcr Mobile Home or Manufactured Homc. C1assD. Replacement of a nonconforming mobile home on an individual lot with another mobile home or manufactured home: Type (1) Revi wreview shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size or larger. Class (1) Review . Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home. The modification provisions of Section 15.17.050 of this title Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is larger size. A nonconforming mobile home cannot be replaced with an older or smaller. (Ord. 33106 §8 10, 1988; Ord. 3019 §19, 20, 1987; Ord 2947 §1 (part), 1986).)mobile home. 1. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. ClassThe replacement mobile home shall meet all Washington State Department of Labor & Industries improvement criteria before the mobile home can be moved to the replacement location site, which is limited to an existing manufactured home park. 2. Verification provided to the appropriate jurisdiction of said improvements and inspections by L & I shall be provided before said replacement. E. Replacement of an existing or approved manufactured home on an individual lot with another manufactured home: Type (1) review shall be used to replace an existing or approved manufactured home with another • manufactured home that is newer and the same size or larger. The modification The Type (2) Review provisions of Section Ch.l 5.17.05014 of this title shall be used to replace a manufactured home with another manufactured home that is older or smaller. (Ord. 3106 §8 10,1988; Ord. 3019 §19, 20, 1987; Ord. 2947 §1 (part), 1986) 15.04.125 94 I- In approved 7 able 4 -3 - Review approved On Individual Lots or existing _Requirements For or existing Manufactur Mobik/Manufactured Homes Mobile ed Home Home Subdivisions SR Rl R2 R3 B1 Parks Mobile Homes 1 Sind - yv ide idlariufactured Homes (not meeting the siting 1 2 2 3 3 Grit ria of 15.04.120(C) Single -Wide Manufactured Homes (meets the siting criteria 1 1 1 3 2 2 3 of 15.04.120(C)) . Double -Wide Manufactured ' Homes (not meeting the siting 1 1 2 3 3 criteria of 15.04.120(C)) Double -Wide Manufactured Homes (meets the siting criteria 1 1 1 2 2 2 I of 15.04.120(C)) 1 1 1 *Refers to definition in Chapter 15.02 1 = Class (1) Permitted 2 = Class (2) Review and Approval by Administrative Official 3 = Class (3) Requires Public Hearing and Approval by Hearing Examiner 15.04.170 - Placement of Manufactured Modular Nonresidential Structures A. A. Purpose To assure public safety and compatibility with the general character and integrity of the district. B—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. (Ord. 93 81 §22, -1-99-3-)appropriate jurisdiction. 15.04. 180 Communication Towers. A. Location. The following provisions shall govern the placement of communication towers within the i4 an- area°Urban Growth Area: 95 1. Less than thirty fivc feet in height are exempt from the review and established in Section 15.01 .130(B)(1). 2. Tve to fifty five feet in height and meeting the setback provisions of Section 15 .04.130(B)(2) are also ex mpt from the review and permit procedures of the ordinance codified in this title; of Section 15.0'1.130(B)(2): Class (2) use in all districts. . - - • - - - "fight: Class (3) use in the R 1, R 2, R 3, B 1 and SCC districts, and a Class (2) use in thc remaining districts. B. Setbacks. The following setback standards shall apply to communication towers: . • - - ctbacks. All communication towers shall meet the minimum front yard setback standards established in Table 5 1 for the district in which they are located and shall be setback at least ten feet from the side and rear property lines. 1. Optional Setback. Communication towers thirty five to fifty five feet twelve inches from thc required front, side and rear yards is provided for ach eighteen additional inches of tower height above thirty five feet. (Ord. 2917 §1 (part), 1986) 1. Communication Towers less than thirty -five feet in height require a Type (1) review to ensure compliance with minimum setbacks and Building Code requirements; 2. Communication Towers thirty -five feet or greater in height require a Type (2) review to ensure compliance with setback provisions and other permit procedures of this title are reviewed and meet; 3. Communication Towers more than fifty -five feet in height shall follow the review procedures for Class (3) uses and shall meet all the provisions of this title and the building code. 15.04.190 Social Card Rooms. In zones where allowed, no social card room shall be permitted within five hundred (500) feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24.010(9) or as the same may be hereafter amended. Special is 15.04.200 State Fair Park – Exposition :z Sp 1 . e 1 .,,.., Center C A. Purpose. To establish peiuritted uses and special development standards for the very unique fixed campus of uses and activities of the Central Washington Fairgrounds, hereafter known as the State Fair Park — Exposition 96 and Special Events Center. This section is intended to provide regulatory Guidance that will ensure production integrity and economic performance of existin• uses and continued develo •ment of the cam sus. The State Fair Park produces and hosts activities in multi -use facilities established specifically to address the uni • ue market res • onse o • erations and sustainable economic performance requirements of the exposition and special events industry. This includes: production and operational requirements of the annual Central Washington State Fair and non -fair events and use activities; a broad array of land uses and the overall mix of types of uses found to be consistent with the state statutory authorizations for agricultural fairs (RCW 15.76) and county fairs (RCW 36.37); in addition to those uses allowed in the Regional Development (RD) zoning district. B. Special Definitions. The area of land currently occupied by the Central Washington State Fair, now named "State Fair Park," is a unique fixed campus dedicated to providing a special venue for community use, commercial use, trade shows and exposition uses, special event uses, destination attraction uses, permitted uses and similar events. The following special definitions describe broad categories of uses, events and activities allowed within the campus. Each special definition is followed by a representative list of examples to illustrate a range of allowable uses that the campus site might host. The lists are not all inclusive; new uses and activities determined to be consistent with these special definitions may be added /included through the similar use, use interpretation and unclassified use review processes of this chapter as they are identified. 1. Community Uses, Events, or Activities serve local or area community, social, cultural and service organizations, and local, state and federal agencies. The activities are "nonrevenue generating," meaning that the event may pay a use fee, but does not facilitate commercial •roduct sales or services where revenues are for profit or financial gain of an individual, corporation or p rivately held or ganization. Those entities that generall comm event status are local and area civic groups, service clubs, nonprofit associations, schools and universities, county and city government and other organizations that promote socio - economic well-being, serve a particular class of people, promote quality of life and respond to the safety and welfare of the general public. Banquets; Meetings /retreats; Church groups; Parties /socials; Clinics; Picnics; Conferences; Political fundraisers; Dance classes; Professional /vocational education; 97 Day camps; Recreation /leisure classes; Emergency services; Self - improvement; Family reunions; Service club fundraisers; Fashion apparel; Training classes; Home improvement; Weddings /receptions; Classes; Youth equestrian activities. 2. Commercial Uses, Events or Activities include revenue producing activities when the purpose of the organizer or promoter is to facilitate services or wholesale and retail sales activity, generating revenues for profit or to stimulate market activity creating sales beyond the actual event. Such organizations may include "nonprofit corporations," for - profit organizations and industry associations that represent a particular product, service, special interest or commercial enterprise that attract general audiences, manufacturers, distributors, buyers or sellers and patrons. 98 Appliance shows; Gun shows; Auctions; Home and garden shows; Auto shows; Livestock, animal exhibitions, shows, training, sales, boarding; Boat shows; Model shows; Breed shows; Recreational equipment shows; Computer shows; Religious festivals; Flea markets; Sports exhibitions; Fireworks displays; Technology exhibitions. Floriculture /horticulture shows; Gun shows; 3. Trade Shows and Expositions are classified as uses organized for the purpose of promoting a particular line of products, services or commodities within industry classifications, such as transportation. communications aviation, boating, electronics, agriculture, entertainment /amusement and so forth. The event organizer and /or producer may be an industry association, nonprofit corporation, sponsor or for - profit entity which facilitates an event designed to create business development opportunities, stimulate wholesale and retail transactions, distribute products and create short-term, as well as long- tem.', sales. Such shows or events are for industry and general public audiences, and are focused on specific products and market, client or customer development, product or service sales and other purposes that stimulate economic activity within a particular industry. The following is a representative list of trade show and exposition uses and activities: Agricultural industries; Food and hospitality; Amusement and entertainment; Forestry; A arel; Interior design; pp Appliances; Medicine; Consumer shows; Outdoor sports; Electronics /communications; Professional services; Environmental science; Public transportation; Faun equipment; Sports products; i Agricultural industries; Tourism /leisure industries; Amusement and entertainment; Trade shows. 99 4. Special Event Uses, Events and Activities include functions designed to attract large and diverse audiences, and are typically revenue - producing activities that generate funds through gate and parking fees, product sales, advertising sales, concession contracts, and other revenue sources. Special events generally follow a particular theme, such as cultural or holiday themes, sports or program themes, relative to the purpose of the event and draws from local and regional market populations. The following is a representative list of special event uses: Amusement rides and games; Motorized sports; Carnivals; Pageants; Circuses; Rodeos; Concerts; Seasonal celebrations; Fairs; Socials /galas; Festivals; Sporting events /facilities; Games; Tournaments. 5. Destination Attraction Events, Uses and Activities draw upon resident and visitor population markets, extol leisure and commercial recreation activities and are typically revenue -based enterprises. Destination attractions may include amusement parks, family entertainment centers with special attractions including water features, major rides, cultural entertainment and virtual reality attractions. Destination activities may also include a mix of themed enterprise activities. Other destination attractions may include specialty retail shopping, entertainment center, hospitality, commercial recreation centers, health and fitness facilities and other permanent and temporary structures designed and developed to support destination activities. C. Allowable Uses. The following uses, including related events and activities are allowed within the State Fair Park subject to SEPA mitigation where required, the development standards of this code and other construction permit requirements: 1. Existing uses of the State Fair Park campus shall be considered Class (1) uses. 2. Uses identified in YMC 15.04.135(B), Special Definitions, or uses detemiined by the Administrative Official to be consistent with, and similar to, those Special Definitions uses as may be determined in accordance with YMC 15.22.050(3) shall be considered Class (1) uses. 3. Uses in Table 4 -1 of the RD district, not otherwise listed in YMC 15.04.135(B), Special Definitions, shall be allowed according to the type of review indicated. 4. YMC 15.22.050(1), Use interpretations, decisions by the hearing examiner, D. Annexation —State Fair Park. The annexation of the State Fair Park into the City of Yakima shall not alter any lease agreement by and between Yakima 100 County as lessor and the Central Washington State Fair Association as lessee, ors o r responsibilities of Y s ee a Count nr 1t less rea e o e lti t th or any powers or responsibilities V111 �1vJ Vi + a. a..�... vvw �� va ac v .vvv .v. �a v.. �. .. v ... : .. Central Washington State Fair or other activities at the State Fair Park that are subject to the provisions of Chapter 15.76 or Chapter 36.37 RCW or other state law. Any future proposed amendments to the Yakima urban area zoning ordinance (YMC Title 15 and YMC Title 15) that would or may affect the operations of the State Fair Park shall be processed in accordance with the ordinary course of administering proposed amendments to said ordinance. 101 CT–Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Sections: 15.05.010 Purpose. 15.05.020 Site design requirements and standards. 15.05.030 _Creation of new lots — Subdivision requirements. 15.05.040 Vision clearance. 15.05.050 _Street right -of -way dedication. 15.05.055 Urban Development Improvement Standards 15.05.060 Administrative adjustment of certain basic development standards allowed. allowed. 15.05.010 Purpose. The purpose of this section is to establish certain basic development requirements.- These are the minimum criteria that must be met to assure land use compatibility and promote the public health,. safety and welfare. SanteExcept, some of these requirements are flexible and may be adjusted by the administrative official or hearing examiner under the provisions of Chapter 15.10. (Ord. 2947 §1 (part), 1986) 15.05.020 Site ! - • ' - -: - -- - - design requirements and Standards. standards. A. Table of Site Design Standards and Subdivision Requirements.- The provisions of this chapter and the requirements in Table 5 -1, "Site Design Requirements and Standards and Table 5 -2 "Subdivision Requirements are °,hBevy- established for all development in the zoning districts indicated. - (Ord. 93 81 §23, 1993; Ord. 3106 §11, 1988; Ord. 95 13 §6, 1995(See tables at the end of this chapter.) T Development Nonconforming r i De _. e 1 o . ....,. o.., nonconforming • B. UeVelopmeni on Lota. Development on ilvuwuiviuilu� lots is governed by this section and ScctionYMC 15.19.040.- Except as limited by this title, any permitted use may be erected on any lot legally' legally 102 • created prior to the adoption of this title. Such development and structures are subject to the following additional provisions: 1. Detached single - family dwellings erected on nonconforming lots must meet the following criteria: a. The setback dimensions of the structure conform to the regulations of this title; b. The lot has at least twenty feet of frontage on, or a minimum twenty -foot wide access easement to, a public or private road; a. c. All other site design and development criteria other than the lot size — requirements of Table 5 -2 are met. 2. _Zero lot line, common wall, or duplex development may be permitted on such lots in the R -2, R -3 and B-1- -1 districts only if the conditions of subsection LB -4)(1) of this section are met. 3. _Multifamily development may be permitted in the R -2, R -3, B -11, CBD and CB+DSGC districts only if the criteria of subsection LB -)(11 of this section are met. 4. _Zero lot line, common wall, duplex or multifamily development are not allowed on such lots in the SR and R -11 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing use as defined in YMC 15.19. 5, Any permitted use or structure may be placed on a lot that is nonconfoiitiing as to width and /or lot area in the industrial and commercial districts, M1 districts, but only if the criteria of subsection b+(B)(1) of this section are 1 Maximum Lot Coverage. This Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces.- The maximum lot coverage in each district is shown in Table 5 -1. In the SR and R -11 districts, this standard is intended to protect the open character of each district, and insurcensure that land is available to accommodate septic tanks and drainfields.- The intent in the R -2 and R -3 districts is to provide areas for landscaping and recreation. - Maximum lot coverage requirements in the commercial districts are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off - street parking. 103 D. Structure Setbacks setbacks are the minimum structure setbacks permitted in a particular zoning district with CIa - ,Type (1) review.- In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. - Setbacks along easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners. -In the commercial districts, building setbacks provide visual clearance along streets and areas for site screening and landscaping. - Structure setbacks are required in the industrial districts to provide fire protection, emergency access, and to reduce impacts on adjacent districts of lower intensity. -No structure shall be built or located on or in an easement - - - - - _ - •• _ - - - - _ - -- - - _ _ - , The use of an access easement by a structure shall only be allowed upon vacation /alteration of the easement in accordance with provisions established in the Yakima county /city City /County subdivision ordinance.- The standard structure setback in each district is shown in Table 5 -1. E.— Setbacks for Residential Accessory Structures.- The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard. - Provided, that the accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed. In the residential districts an accessory structure not requiring a building peunit may be placed up to the side or rear property line if the structure will not encroach on a public easement and applicable street setbacks are observed. F.- Maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5 -1. G.- Fences and Walls— Standard Height. The following provisions shall govern the location and height of fences and walls: (Ord. 93 81 & 2'1, 1 1. In the front yard fences and walls may be placed on or behind the property line.- However, no fence or wall shall exceed four (4) feet in height within the required front yard setback area, except must conform to clear view triangle standards where applicable.- In residential districts, six (6) -feet shall be the maximum height in the front yard behind the required setback. In commercial and industrial districts, eight (8) --feet 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 ('1) feet in height within the required s d - eside yard setback area from a street.- In residential districts, six (6) -feet shall be the maximum height behind the required street 104 setback and in s+deside yards not bordering a street. - In the commercial and industrial districts, ei (8) feet shall be the maximum height behind the iiiu u.��a iui u..��..v�.., eight (8) feet shall be �iiv maximum udi behind the required street setback and in the eideside yards not bordering a street. 3. In the rear yard fences and walls may be placed on or behind the • property line. In the residential districts six (6) feet is the maximum fence or wall height in the rear yard — provided. Provided, that when the rear yard abuts a designated arterial, the maximum height shall be eight {-6)- feet.- Eight \ -Y feet is the maximum rear yard fence height in the commercial and industrial districts. 4.— Within the clearview triangle. No : no fence, hedge or wall shall be placed in the clearview triangles established in SoctionYMC 15.05.040 of this titlo. 5.- _Fences over six feet in height —: All fences over six (6) -feet in height shall meet the provisions of the Uniform Building Code. 6. Fence height in combination with a retaining wall —: No combination of a fence and retaining wall shall exceed a height of ten (10)-feet, measured from the lower elevation, except, existing retaining walls at the time of the passage of this title will be allowed a three - _and- _one- half - (-fir)- -foot fence above the retaining wall. H. Access Required.- All new development shall have a minimum of twenty feet of lot frontage upon a public road or be served by an access • easement at least twenty feet in width.- The purpose of this standard is to provide for vehicular access to all new development, provided that. Provided, the rnnetnietinn of einale_ family and twn- family rluuellings nn evistinis established lots are exempt from the requirements of this section. Standard Screen Height is the maximum permitted height of a screei I. Recreational Screen. A recreational screen is a protective device for rroi'eaii n;3 ad 5 "sie7 iit.ec -e d is n pd ^ lree" i`r-�"'i`(.•'oi is :i �•':1 nil�nrn pill :x,;thi rl rr ei 1i L��ir of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds. -EQrd. 93 81 §25, 1993)The specific standard for screen height in Table 5 -1 does not apply to recreational screening as established by this title. The height and materials for screens will be evaluated by the Administrative Official based on the need, safety requirements, and relationship to residential and commercial properties and streets. t i ii Sidewalks n side J . Sidewalk Requirement.- Sidewalks on one side of the street are required with new construction, (except single- _iaimily structures).- A sidewalk is required if one exists within 200two hundred feet of the development on the same side of the street. - Replacement of an existing sidewalk is required only if 105 such existing sidewalk presents a safety hazard, except that for applications under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. K. Swimming pools. Swimming pools are permitted as an accessory use to: dwellings, hotel /motels, boardinghouses, retirement homes, and other residential uses; schools, and recreational facilities when all of the following provisions are met: 1. Setbacks. a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard setback in Table 5 -1. b. Side and rear ard: The swimmin• cool and •um'house are set back at least three feet from the property line. The swimming pool apron may extend up to the property line. c. From an easement: The swimming pool, apron, and pumphouse may extend up to, but shall not encroach upon, an easement. 2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height. L. Development within the State Fair Park. The following structures may be developed, maintained, altered, expanded, or erected within the State Fair Park without further zoning review provided such development is consistent with YMC 15.04.135(C), Allowable Uses, SEPA mitigation where required, the development standards of this code and other construction permit requirements: Administrative and operational offices. Auditoriums, meeting and exhibit halls. Bars and drinking facilities. Campgrounds. Caretaker and /or employee residential quarters. Equestrian facilities. Exposition structures. Grandstand facilities. Libraries and museums. Livestock barns. Motorized sports facilities. Parking facilities. 106 15.05.030 Creation of New Lotsnew lots — Subdivision Requirements. requirements. t 1iicaaw. A.- Table of Subdivision Requirements.- The provisions of this section and the requirements set forth in Table 5 -2, "Subdivision Requirements," are hereby established for all subdivisionsubdivisions in the zoning districts indicated.- In the case of conflict between the text and tables, the text shall govern. - Additional subdivision requirements are established in Yakima County Code Chapters 14.28 and 14.32 and -*!ate Codc Chapters 14.30 and 14.35 of this code. B.- Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of dwelling units permitted per net residential acre is used to determine the maximum number of dwelling units permitted within a single subdivision, short subdivision, mobile home park, multifamily development, or planned residential development. This standard is intended to: 1.- Assure that residential densities in new subdivisions, multifamily developments, or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning district; and 2.- _Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in accordance with SoctionYMC 15.09.030); and • permit 3. Petnrit a variety of residential dwelling types within a development. The following folurula shall be used to determine the maximum number of dwelling units petnritted for any particular subdivision, short subdivision, mobile home park m d or planned residential development (one acre - 43,560 squarc feet): THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total s ) .R (the /i NUS (2. t of streets, g 4t s ,_f _,] w�ai site aria in acres) UN US �utc area of �uctcw, tights-of-ways, and, access easements, in acres) MULTIPLIED BYX (the maximum number of dwelling units permitted per net residential acre). Any fraction of dwelling units shall be rounded up to the next highest whole number. Once approved under the provisions of this title, no subdivision, resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units petnritted per net residential acre by Table 5 -2. Provided, that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R -11 and R -2 districts as a Class (3) use in accordance with Table 4 -1.- This higher- density development shall 107 be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when: 1.- The lots created meet the lot size and lot width requirements established in Table 5 -2; and 2. -_The existing structures meet the building area and setback requirements in Table 5 -1; and 3.- No new dwelling units are built. C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when land is subdivided short platted, resubdivided, or when lot lines are adjusted.- No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5 -2. 1. In residential districts, this standard is intended to maintain the residential character of the area and will vary by dwelling type, the suitability of the land for development, and the type of water and sewer system.- The following are the minimum lot size requirements in the residential districts, except when the Yakima H alth Districthealth district deterrrrines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems: Situation Required Minimum Lot Size 108 Situation Required Minimum Lot Size In the floodplain, airport One acre (provided the minimum lot size of the underlying and greenway overlay zoning district shall apply, when, in the opinion of the districts: reviewing official, the lot has a buildable area outside the overlay district and a plat restriction prohibits development on that portion of the lot within the overlay district). Individual water system and individual sewer system: One -half acre. Public or community water system and an individual sewer system: 14,500 square feet. Individual water system and the regional or an approved community sewer system: 9,600 square feet. Public or community water system and the regional or an approved community sewer system: See Table 5 -2. 2. The smaller lot size for zero lot line, attached and multifamily dwellings does not peiiiiit an increase in the maximum number of dwelling units per net residential acre established in subsection (B) of this section.- Any lots created for zero lot line, attached and multifamily dwellings shall be so designated on the face of the plat or short plat. 3. In the local business district, the minimum lot size is intended to maintain the character of the district and provide adequate space for off - street parking and landscaping. 4 The minimum lot size in the small and large convenience center distr districts and ind districts are accommodate the large uses icts CL11U industrial districts tAre 111LVitu to uvvvi11111VUU�V the iui b y u�Vv permitted in these districts and maintain vacant land in relatively large parcels that can be easily assembled when development is proposed. D.— Standard Lot Width. Standard lot width is the minimum lot width 1 generally permitted in a particular zoning district.- The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights -of -way. E —. Concurrent Subdivision and Zoning Review Required.- Any application for a long subdivision which proposes a use or configuration of land or improvements which would require Class (2) or (3) review under this title shall, at or prior to the filing of such application, also file an application for such review under this title. -Such application shall be heard by the hearing examiner 109 concurrently with the subdivision application using the procedures for Class (3) review. (Ord. 3106 §13, 1988; Ord. 3019 §24, 25, 1987; Ord. 2947 §1 (part), 1986) 110 TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS ZONING DISTRICTS SR R1 R2 R3 B1 HB B2 SCC LCC CBD GC AS RD M1 M2 SITE DESIGN REQUIREMENTS AND STANDARDS 1 � 1 1111 DEVELOPMENT ON EXISTING LOTS OR PARCELS SEE SECTIONS 15.05.020 AND 15.19.040 ST •V RAGE 45 %MIgnalli :. °, 1 85% 1 90% 1 100 %' STANDARD FRONT Arterials 2 60 feet 40 feet STRUCTURE Collector Arterials z 50 feet SETBACKS ° Local Access z 45 feet 30 Feet Private Road' 37.50 feet I 30 feet 50 feet Minor Local Access z 37.50 feet 20 feet Private Access Easement a 10 feet SIDE Arterials z 50 feet 40 feet Collector Arterials 2 40 feet Local Access 2 - -- Private Road ' 32.50 feet 30 feet Minor Local Access 2 40 feet ' 20 feet Private Access Easement" or Property 5 feet 0 Residential District' 5 feet I 5 ft 1 10 feet _ 15 ft 1 20 ft 1 30 feet 1 20 ft 1 20 ft 1 20 ft 1 30 feet or 1/2 building height whichever is greatest Commercial /Industrial N/A 5 feet District ' I ee REAR a Property Line 15 ft 20 ft 15 feet I 0 RR O 0 Residential District' 15 ft r 20 ft ( 15 ft I 15 ft 1 15 feet 1 20 ft 1 30 feet 1 20 ft 1 20 ft 1 20 ft 1 30 feet or 1/2 buildin• height whichever is .reatest MAXIMUM BUILDING HEIGHT 35 feet 50 feet 35 ft 11111EMEI 50 ft N/A 50 ft 1 50 ft 1 50 ft 1 N/A STANDARD FENCE HEIGHT' SEE SECTION 15.05.020 (q) STANDARD In Required Front Setbacks Not Permitted SCREEN Behind Required Front Setbacks HEIGHT In Required Side and Rear Yards ) 15 feet ) 1 SR 1 R1 1 R2 1 R3 1 B1 HB B2 SCC LCC CBD GC 1 AS 1 RD 1 M1 1 M2 N•TES 1. Some open space may be required to assure conformity with the intent and provisions of this 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 districts shall be 20 feet from the front property line and the minimum s 3. Applies to a private road within a dedicated right -of -way or an access easement within the alignment of a public street. The setback is measured from the centerline of the right -of -way or easement. When the right -of -way exceeds 60 feet in width, or 4. Measured from the edge of a private access easement not within a dedicated right -of -way or alignment of street. 5. Measured from abutting residential districts. 6. Additional setbacks may be required to conform with the site screening requirements in Chapter 15.07. 7. See Secl ion 15.05.020 for fence standards on corner lots and along designed arterials. 8. The rear setback from arterials. collectors ant local access streets shall be the same as the front yard setback requirements from arterials, collectors and local access streets, provided the required rear setbacks shall not be less than the require 111 • TABLE 5 -2 SUBDIVISION REQUIREMENTS ZONING DISTRICTS SR R1 R2 R3 B1 HB B2 SCC LCC CBD GC AS RD M1 M2 3 2S 1 SUBDIVISION REQUIREMENTS '{� i 1 6 1 di a 05 I 2 r 2 g 1 I . r - MAXIMUM NUMBER OF DWELLING UNITS PERMITTED PER NET RESIDENTIAL ACRE SEE YMC CH. 15.04, TABLE 4 -1 Detached S.F. Dwelling (per 7,000 sq ft. 8,000 1 5,000 sq ft. U. Detached S.F. Dwellings Zero J Lot Line (per Unit) (5) RESIDENTIAL 5,000 sq ft. 4,000 sq ft. NA USES (By Dwelling Type) Detached S.F. Dwellings MINIMUM See Definitions in Common Wall (per Unit) LOT SIZE Section 15.02 Two - Family Dwellings (Duplex) (;j00 sq ft. 7,000 sq ft. Multifamily Dwellings and Planned Residential Density may not exceed maximum number of dwelling units permitted per net residential acre NA Development PERMITTED NON - RESIDENTIAL USES 10,000 sq ft. I 5,000 sq ft. I None 1/2 acre ALL — (Except Attached SF 50 ft. I 100 ft. I None I None I None' None 60 feet STANDARD LOT Dwellings) 75 ft. 11 WIDTH (2) Attached SF (3) 50 ft. 35 ft. 50 ft. N/A Dwellings— Common Wall SR _ R1 R2 1 R3 B1 1 HB 1 B2 SCC J LCC 1 CBD 1 GC 1 AS J RD 1 M1 J M2 NOTES: (1) In the Residential Districts these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system. (2) The lot width at the rear line of the required front yard shall not be less than 50 feet. (Note: this provision does not apply to CBD.) (3) 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 approved community sewer system. (4) One acre shall be the minimum lot size in Residential Districts within the Floodplain, and Gateway Overlay Districts. (5) See Special Development Standards for Zero Lot line Development, Section 15.09.04. 112 15.05.040 Vision Clearance atclearance. A. Intersections Intersections._ All corner lots at unsignalized street intersections or railroads shall maintain, for safety vision purposes, a vision clearance triangle. --The ... - - • - - - g streets extending along the centerlines eighty feet frOfn - - ::' - - - : - , . - :. straight line connecting .aid latter point of right of way, the vision clearance triangle shall be the area bounded by the fiaid latter points. The vision clearance triangle shall measure fifteen feet by one hundred and twent feet alon the se .endicular lenths formed b three points including: 1). A point at the intersection of the extended curb -lines or pavement edge /travel lanes; 2). A point measured one hundred and twenty feet from the first point, forming a line along the adjacent perpendicular street curb -line or pavement edge /travel lane; and, 3). A point measured fifteen feet from the first point, fo111iing a line. Nothing within the vision clearance triangle shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the heights of two and one -half and ten feet above the centerline of grades of intersecting streets (and /or railroads) or the future intersection= -s centerline where improvements are pr-e-gfaniniedplanned with the six- year road improvement program, on file in the city engineering division. (See Figure 5- 1). B . -Driveway + " c'eur :Scuts or alleys: applies only to uses established under the terms of this title.- A elcarviewvision clearance triangle shall be maintained at all driveways -an ,curbcuts and the intersection of an alley with a public street for vision safety purposes One angle shall be formed by lines a L f 11 -- `�- The vision clearance triangle shall measure fifteen feet along the perpendicular street curb lines or pavement edge, or travel lane of the public- street and fifteen r- - _1 _ a--=-- ----�_. .. Tl.. a1.;..,7 ;,1,. ,.F 41..,. iee1 CL1U11g' Ui Ul lvLwuy or R11Gy. Inc L1111U S1l10 01 111' L11a11 1'. J11R11 Ul., a i straight line connecting points c and d.the fifteen foot sides describe above. No sign or associated landscaping shall be placed within this triangle so as to materially impede vision between the heights of two and one -half and ten feet 113 above the centerline grade of the streets. (Ord. 3106 §11, 1988; Ord. 2917 §1 (part), 1986) A - Public Steel - Measured along'curb•Dna or . trawl land: N no curb, Figure 5 -1 Vision Clearance ; = Triangle z 15.05.050 Street ' ' . ! - . . . right -of -way dedication. All new development shall dedicate, where necessary, street right -of -way in confoiiitance with the standards in the county /city subdivision ordinance and the arterial street plan adopted in the Yakima urban area comprehensive plan, except for application under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. 15.05.055. Urban Ar a Comprehensive Plan. (Ord. 2917 §1 (part), 1986) . ! . ! . ! • . . , • • . :. • • Development Improvement Standards Alleweth All development within the Urban Growth Area (UGA) must meet the urban standards of the City of Yakima including the following. 1. All residential development resulting in a combination of thirty or more existing and proposed housing units accessing a public street shall require two public street connections. Minimum requirements for the primary and secondary access shall be at least 20 feet wide, unobstructed, paved lanes except as otherwise detelniined by the Administrative official in consultation by the appropriate jurisdictions Fire Official. 2. In order to promote safety for emergency access and circulation within and between new developments, cul -de -sac streets (public or private) • shall not exceed 600 feet 111 leng,t 1 except as other wise approved by the Administrative official in consultation by the appropriate jurisdictions Fire Official. 114 15.05.060 Administrative adjustment of certain basic development standar -is anowerl Administrative adjustment of some of the basic development standards in this chapter are authorized under the zero lot line provisions of Chapter 15.09 and the provisions of Chapter 15.1.0.- Except as allowed by those provisions, no reduction of these standards is permitted except pursuant to Chapter 15.21, Variances. (Ord. 2947 §1 (part), 1986) 1.15 Chapter 15.06 OFF - STREET PARKING AND LOADING Sections: 15.06.010 Purpose_ 15.06.020 020 Off - street parking and loading spaces required, 15.06.030 030 General provisions. 15.06.048 -040 Off - street parking standards_ 15.06.050 050 Computation of required spaces_. 15.06.060 060 Location of required spaces. 15.06.070 070 Schedule of minimum parking dimensions_. 15.06.080 080 Site plan required. 15.06.090 090 Required landscaping of parking areas_. 15.06.100 100 Lighting, 15.06.110 110 Construction and maintenance_. 15.06.120 Time of completion, 15.06.130 Off-street loading space required_. 15.06.140 140 Nonconfoiuiing parking, 15.06.150 150 Handicapped parking, 15.06.010 Purpose_ The following parking standards are intended to cssureestablish adequate off - street parking, reduce on- street parking, increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots. (Ord. 2947 §1 (part), 1986) 1 1. •• . 1 . 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 build+ngAdministrative 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. (Ord. 93 81 §27, 1993; Ord. 29'17 §1 (part), 1986). 116 15.06.030 General Provisionsprovisions. A. The off - street parking and loading facilities required by this section shall be established prior to any change in the use of land or structures and /or prior to the occupancy of any new or enlarged structure. B. Required off - street parking spaces shall provide vehicle parking only for residents, customers, patrons, and employees, and. Required parking shall not be used for the storage of vehicles or materials, the parking of company or business vehicles used in conducting the business, or for the sale, repair or servicing of any vehicle. C. Any area once designated for required off - street parking shall not be used for any other purpose unless and until eq u a l f are provided elsewhere and a site plan has been approved to reflect the change;, or the primary use of • the property is changed to a use requiring less off - street parking. D. The required front yard in the R -3 district shall not be used for off - street parking for #+vefour or more cars unless the three -foot strip nearest the front property line is landscaped, and a two-foot high concrete, masonry, or decorative block wall; a wooden, or wood fence;, or a solid landscaping screen is provided.- (For corner lots see Section 15.05.040, Vision Clearance at intersections.) (Ord. 2947 & 1 (part), i 086)clearance at intersections.). E . .t. - - - • - • - - A Parking Circulation Plan is required for parking lots and the associated vehicular travel ways for multi- family and non - residential uses that have five or more required off - street narking spaces. The re aired off - street H arkin_ shall be designed in a manner that eliminates a need for backin• and maneuverin_ from or onto streets sidewalks • edestrian wa s or bikewa s in order to exit a property or maneuver out of parking spaces. Further, the parking lot and associated travel ways shall be designed in a manner that provides for safe and adequate traffic flow. 1. A- Loading spaces and truck maneuvering areas shall be included in the Parking Circulation Plan. 2. Drive- through lanes and related facilities shall be clearly shown on the Parking Circulation Plan. 3. Driveway locations and specifications shall be shown on the Parking Circulation Plan and are subject to review for safety and traffic flow. The location of the driveways shall conform to Section 15.06.065. 4. The Parking Circulation Plan is a site plan requirement. Recommendations regarding adequate circulation may be received from the Traffic Engineering staff, City Engineering staff, Fire Department and other reviewing agencies. Additional mitigation or re- design may be required if the proposed circulation pattern creates safety conflicts. 117 15.06.040 Off - street parking standards. A. Table of Required Off - Street Parking -_ The parking standards in Table 6 -1, Table of Off - Street Parking Standards are established as the parking standards for the uses indicated.- These parking requirements are based on gross floor area. - "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off - street parking and loading spaces.- Storage areas are included in gross floor area. - However, the required off - street parking for storage areas shall be calculated at the rate of one space per five hundred (-540) square feet rather than the specific parking standard established in Table 6 -1- Except, except, when the parking standard for the principal use would require fewer parking spaces,— ji.e - one space per six hundred )- square feet —„) All required off - street parking shall be subject to the procedures of this title and the standards of this section. (Ord. 95 36§ 3; Ord. 93 81 §28, 1993; Ord. 3106 §15, 1988) B. — Uses notNot Specified.- Off - street parking requirements for uses not specifically listed in Table 6 -1 shall be determined by the reviewing official based upon the requirement for similar uses. C.— Downtown Business District Exempt.- The Downtown Business District of Yakima, as shown in Figure 6 -1 and hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required;. However, this exemption shall not apply to property that is used for residential purposes, and further provided that all the other requirements of this chapter shall apply to any parking provided by the applicant. (Ord. 3106 §15, 1988; Ord. 3019 §27, 1987; Ord. 2947 §1 (part), 1986) 118 1 I TA il7Tr , L 1 T Anl17 o1■ / C'T11 7 17'T n A17V T 1∎T!' SA1 DT T11AC 1 HDll' V - 1 1tt1)11' OF VI' 1` - x.711 \11,1' 1 I til \1111 \t7 x.71 t'1\Lri1Wo LAND USE PARKING STANDARDS AGRICULTUVE (COMMERCIAL) .L.._ AGRICULTURE (COMMERCIAL) A • riculturall related industries 1 space for each employee based on the maximum • working at any given shift; or 1 space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor - area, plus 1 space for each additional 5,000 sq. ft. -for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official. . AMUSEMENT' AND RECREATION AMUSEMENT AND RECREATION Game rooms, and rooms, electronic game rooms 1 space for each playing table, or each 3 seats or each 3 machines, whichever is greater Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench seating Bowling allev4 5 spaces for each lane Gymnasiums, xercise facilities 1 space for each 100 sq. ft. of gross floor area Roller and or ik skating rink 1 space for each 150 sq. ft. of skating surface area Swimming pools 1 space for each 50 sq. ft_ of water surface area Movie theatre 1 space for each 4 seats Golf Course 5 spaces per green and 1 space per 300 sq. ft. of gross floor area Golf Driving m ange i space per tee or i space per 15 feet of driving line, whichever is greatest Auditoriums, 4xhibition halls, Community Centers 1 space for each 100 sq. ft. of gross floor area COMMUNITt SERVICES COMMUNITY SERVICES .Churches, sym es gogu te and fu nerai homes s n 1 space fbr each 3 r efi seats (or 5 4" of i i 1l%li �uui vuv.�, a y iiu�v �u, s d temples, u i t , .+.... -type seating) -1 space for each 40 sq. ft. of general reception/gathering area Convalescent, !nursing and group homes 1 space for each 2 beds Clean & Sober Facility :I space for each bedroom or sleeping area and 1 - space per employee Fire and polic4 stations 1 space for each 200 sq. ft. of gross floor area 1 space for each 2 beds 1 !Halfway hour (detention center) 1.5 spaces for each bed Hospital • 119 LAND USE PARKING STANDARDS Schools: Prima Elem-ntar 3 spaces for each classroom, or 1 space for each 3 seats (54" bench type seating) in the assembly area, whichever is greater Junior, Senior Same as Primary /Elementary and 1 space for each 4 students over 16 yrs. old Junior or community colleges 1 space for each 400 sq. ft. of gross floor area Juvenile detention centers 1.5 spaces for each bed Libraries I 1 space for each 100 sq. ft. of gross floor area Museums, art ialleries 1 space for each 100 sq. ft. of gross floor area Preschools, day care centers 1 space for each employee + 1 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 space for each employee per maximum shift RESIDENTIAL RESIDENTIAL Single- family dwelling 2 spaces Two - family d4vellings 4 spaces Multifamily d\vellings (10 units or less) 2 spaces per dwelling (more than 10 lints) 1.5 spaces per dwelling Retirement hones 1 space for each dwelling unit Planned Developments See Planned Development Ordinance (YMC 15.28) RETAIL TRADE AND SERVICES RETAIL TRADE AND SERVICES Addressing, mlailing, and stenographic services 1 space for each 300 sq. ft. of gross floor area Advertising aplencies 1 space for each 300 sq. ft. of gross floor area Automobile and truck, manufactured homes, travel trailer sales 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area Automotive: - — - -- - - - -- - - - -- Automobile maintenance and service shops 2 spaces per service area including work bays Car wash 6 spaces per wash bay Car wash, self service 1 space for each 1,000 sq. ft. of gross floor area Paint and body repair 2 spaces per service area including work bays Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays Wrecking and !dismantling yards 1 space for each 500 sq. ft. of gross floor area 120 I LAND USE PARKING STANDARDS Beauty and barber shops 1 space for each 75 sq. ft of gross floor area Bed and BreakIfast Inn 1.1 spaces for each guest room Building and oontractors 1 space for each 800 sq. ft. of gross floor area Coffee restaurant / stand with or without drive - through 1 space for each 50 sq. ft. of gross floor area, including outside seating and 1 space for each employee • Drug stores I 1 space for each 200 sq. ft. of gross floor area Employment agencies (private) 1 space for each 200 sq. ft. of gross floor area Farm supplies l 1 s 'ace for each 800 se . ft. of . oss floor area Florist I 1 space for each" 500 sgft„ of dross floor area Financial institutions 1 space for each 200 sq. ft. of gross floor area Furniture, hotre furnishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas station l 1 space for each 300 sq. ft. of gross floor area Hardware stor 1 space for each 300 sq. ft. of G.F.A. of structure and permanent outside display sales area Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area 'Heavy equipmlent, tractor, and farm equipment repair 11 space for each 300 sq. ft. of gross floor area Home occupations —See Section 15.04.090(E)(1) Household apr liance, small engine, TV and furniture repair 1 space for each 300 sq. ft. of gross floor area Insurance agerjts, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area Liquor stores I 1 space for each 300 sq. ft. of gross floor area Lumber yards 1 space for each 400 sq. ft. of gross floor area of strumture and covered storage area Nursery 1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside display and sales area Medical and dntal laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and ho}els r 1.2 spaces for each guest room Multiple use c nters (3 or more uses with shared parking) - — having less han 25,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area — having 25,0 1- 400,000 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area — having 400, 01- 600,000 sq. ft. of gross floor area 5 spaces for each 2 250 se. ft. of _ross floor area — having 600, 01 + sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area Ur o+fina b it -lin for use by orcrnmtnntc attn 1 spree for a 7(1(1 en ft of rrrnec f nnr are ' etc. Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area • Real estate offices 1 space for each 200 sq. ft. of gross floor area 121 • LAND USE PARKING STANDARDS Residential mi Zi- storage 1 space for each 300 sq. ft. of gross floor area of office space Retail service establishments in Table 4.1 but not listed in this 1 space for each 300 sq. ft. of gross floor area table Retail trade es .ablishinents in Table 4.1 but not listed in this - table — less than 25.000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area — 25,001 - 403,000 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area — 400,001-6)0,000 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area — 600,001 + sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Service stations 2 spaces for working /service area, including bays Shoe repair and shoe shops 1 space for each 300 sq. ft. of gross floor area Taverns and btrs, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area Waste materiat processing and junk handling 1 space for each 500 sq. ft. of gross floor area TRANSPORTATION TRANSPORTATION Bus terminals,Istorage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area Air, rail and trick terminal 1 space for each 300 sq. ft. of gross floor area Taxicab temiii}a1s, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES 1 UTILITIES Utility service 1 space for each 800 sq. ft of gross floor area WHOLESALIt TRADE WHOLESALE TRADE Wholesale time e warehouses 1 space for each employee based on the maximum working at any given shift; or 1 space for each 300 square foot of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official. Residential milii- storage See residential mini- storage under retail and service category 122 How to Use Table 6 -1: 1. lculate the gross floor area for the structure. ee Section 1 S 06, 040 to determi s floor ., -• Ca � .. .... b . .. .,., �. .�.. . ......+... . «... (See Section i ✓.vv. t 15.06.040 w determine gross floor area). 2. Determine the amount of gross floor area used for storage rooms. 3. Required off - street parking for storage is one space per 500 square feet. 4. Find the proposed use in Table 6 -1 Example: - The gross floor area of the structure is 3,000 sq. ft. — 1,300 sq. ft. of the structure is used for storage. The parking tanda .d for t S�uuuaiu lvi storage rooms is one space per 50( sq. ft. (Section 15.06.040). 1,C00 + 500 = 2 off- street parking spaces for the storage area. The proposed use is a shoe shop. According to Table 6-1 , shoe shops require one off - street parking space fir each 300 sq. ft. of gross floor area. 2,C00 + 300= 6.6 or seven spaces since fractions of parking spaces are rounded up (Section 15.06.0 50(2)). — The total required off - street parking of this use is: 2 spaces (for storage area) + 7 spaces (for the rest of the gross area) 9 ;paces 1 15.06.050 Computation of ue,,uir °,1 Spacesrequired spaces. The following rules shall apply in the determination of the number of required off - street parking spaces: • -1--1. Fraction.- If the number of off - street parking spaces required in Table 6 -1 contains a fraction, such number shall be changed to the next higher whole number. Mixed Uses.- When different i, structure l 2,-2. —�. Mixed vJCS.- �vvucll ull1G1G11� uses occupy a Single S ur lot, the total required parking spaces shall be the sum of the requirements of the individual uses. 1 3. 3- Shared Uses. a. •_/ vv 11C4 J of LVVV 01 11101 l. UJ1/4,3 JIl UGLUr eJ, 01 par liGlJ 01 1Q11U Wlllllll three hundred feet of each other may share the same parking or loading area when the hours of operation do not overlap. b. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. c. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses.- (Also see Section 15.06.060.) 123 A parking agreemen-teasement approved by the administrative official shall be filed with the county auditor whenever two or more uses propose to share off - street parking facilities. 4— Tandem Parking.- Parking spaces in tandem, having a single means of ingress and 4. 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 (Ord. 93 81 §29, 1993; Ord. 3019 §28, 1087; Ord. 2947 §1 (part), 1986), 5. Compact Car Parking. For parking areas with 20 or more required parking spaces, up to 15% of the required number of off - street parking spaces may be designed for compact car parking. Compact spaces shall be no less than 8 feet by 17 feet and each space must be labeled individually with a durable pavement marking "COMPACT ". 15.06.060 Location of A e mire Spacesrequired spaces. Off - street parking facilities shall be located according to the following: 1. 1. For single - family and two - family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. 2. 2. For hospitals, convalescent, nursing or rest homes, parking facilities shall be located not more than one hundred fifty feet from the buildings they are required to serve unless they are part of an approved Master Plan or Campus Plan. 3. 3. For uses other than those specified above, parking facilities shall not be located over three hundred feet from the buildings they are required to serve unless they are part of an approved Master Plan or Campus Plan.. 4. 4 Groups of five or more parking spaces shall be served by a driveway so that no vehicular backing or maneuvering movement will occur within a public right -of -way other than an alley. 5. 5. No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located in a residential zoning district. (Ord. 2947 §1 (part), 1986) 15.06.065 Driveway Locations. All proposed or modified driveway approaches shall be shown on a general and detailed site plans. The locations shall confolin to the following standards: (a) No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements. 124 /L\ No .l_�_...___�_. .__- __�,___L ___ _ Local A C'� 1__�_� tub Nvo driveway approach on a Local r- ve�;c�s Sued may be located closer to the street intersection corner than 30 feet as measured from the property line at the corner. (c) No driveway access to an Arterial Street shall be located within 75 feet (measured along the arterial) of any other such Arterial street access on the same side of the street; (d) No driveway access shall be allowed to an Arterial Street within 75 feet of the nearest ri.ht of wa line of an un- si.nalizedstreet intersection. (e) Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be permitted within 100 feet of a - signalized intersection, as measured from the right of way line. Any driveway within 200 feet of the right of way line of the intersection shall be restricted to right turns only. (0 The construction of new driveway approaches from a public street or a modification of an existing driveway approach requires a construction permit pursuant to YMC 8.64 for the specifications of the driveway approach. (g) Adjustments from this section may be approved if the modification is reasonable and necessary, and does not create an unsafe condition for motorists or pedestrians. (1i) LAisting driveways in violation of these standards at the time of adoption will not be deemed non - conforming, but re- development of the property requires any new or modified driveway to be consistent with these standards. 15.06.070 Schedule of ' • . - - _ •• - • minimum parking dimensions. Driveways and parking stalls shall conform to Table 6 -2, which is hereby adopted as the schedule of minimum parking dimensions. 125 TABLE 6 -2 STANDARD PARKING LOT DIMENSIONS (REFER TO DIAGRAM BELOW / ALL DIMENSIONS ARE BASED ON A BASIC 9' X 19' STALL LOT LOT CURB WIDTH 1 WIDTH 2 LOT WIDTH LOT WIDTH ;LENGTH MINIMUM ROW + 1 ROWS + 1 3 ROWS + 2 4 ROWS + 2 ANGLE OF STALL PER STALL DRIVEWAY DRIVEWAY 5 DRIVEWAY sQ DRIVEWAYS Q DRIVEWAYS SQ PARKING WIDTH CAR DEPTH WIDTH1 PER CAR FT PER CAR FT PER CAR FT PER CAR FT ALONG 18' 23' 8' 12' 20' 460 28' 322 48' 368 56' 322 CURB -0° 30 9' � 18' 17'3" 11' 28'4" 510 45'6" 411 66'2" 397 83'6" 376 45° j9' ;12'7" 19'8" 13' 3T10" 420 52'5" 336 79'0" 376 98'10" 315 60° 9' 10'4" 121'0" 18' 39'0" 407 60' 313 95'0" 330 116'0" 305 90 !9' 9' ' 1 19' 24' 43' 387 62' 279 105' 315 124' 279 1 126 Figure 6 -2 I g ° gait fa i ...zt j KA CU IMAM st4 111M11 Lin no nimis " to : Ait d Or PL=116 tog iIorx: t i6it.1 iiael+Utir tt1.It Ott 1 t !!!ti'k`iliinr tir'r mtg. 7 i'.'7 3 3 balitUrrI tele, TOM. E < ttittt M 15.06.080 Site Plan P-lan-Requiredplan required. A site plan for every new or enlarged off - street parking lot or motor vehicle sales area shall be approved by the reviewing officialAdministrative Official prior to construction.- The site plan shall comply with the provisions for general or detailed site plans +n- pursuant to Chapter 15.1-1-11040 and .050 and shall also show the proposed development, locations, size, shape and design of the parking spaces, Parking Circulation Plan, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot.- The site plan shall be filed under the provisions of Section 15,11 030 (Ord, 2947 §1 (part). 1986) 15.06.090 Required . - .. ; . - -. landscaping of parking areas. A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be fivoten percent ( - the total parking area.- This 127 landscaping area may be included to satisfy the lot coverage (impeuneable surface) requirements of TableTable 5 -1. (Ord. 93 81 §30, 1903) B. The planting area standard where required shall be a minimum of twenty - four square feet i n are with the exception of raised planter boxes around buildings. A. A standard of one tree from an approved list shall be planted for every fifteen C. single -row parking stalls or every thirty double -row parking stalls within the parking lot. B. Landscaping shall consist of combinations of trees, shrubs, and groundcover with D. careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. C. Every parking area that abuts property in any residential district shall be separated E. from such property by a solid wall, view - obscuring fence, landscaped been, or compact evergreen hedge at least six feet in height. The Administrative Official may increase the height, depth and content of said screening as necessary to adequately protect adjacent single - family residential development. The screening shall be provided and maintained along the property line of such lot except in the required front yard. (Ord. 2947 §1 (part) 1986)_ 15.06.100 Lighting of Parking Lots Lighting shall be provided to illuminate any off - street parking or loading space used at night.- When provided, lighting shall be directed to reflect away from adjacent and abutting properties. (Ord. 29'17 §1 (part), 1986) Parking lots adjacent to residential districts or uses shall be designed with down - shielding and luminaries creating no lighting pollution upon those properties. A photometric lighting plan may be required if the parking lot is located adjacent or abutting residential properties. Further requirements and restriction are required when the property is located within the Airport Overlay District (See Chapter 15.30) 15- .06.110 Construction and Maintenancemaintenance. All off - street parking lots, driveways, travel ways, parking aisles vehicle storage lets-,-and meter- vehicle sales lots having a capacity of three (3) or more vehicles shall be constructed in the following manner: 128 1.— Surfacing_ Paved : paved with two -inch {2 ") thick asphalt asphaltic surfacing on an aggregate hale nr an erniivalent cnrfaeina arrentah1P to the reviewing officialAdministrative Official, so as to eliminate dust or mud. Pervious asphalt or concrete materials is encouraged. 2.— Grading and Drainage. Gradeddrainage: graded and drained so all surface water is disposed of on -- site.- Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stoinuwater Manual, and other stormwater management guidance do or ma approved by the WSDOE, which will require review and approval by the City Engineer or a designee. 3.— Border Barricade. Any 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 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. 4.— Markings, All : all parking spaces (except motor vehicle sales areas) shall be marked by durable painted lines at least four inches (4 ") wide and e the length of the stall or by curbs or other means approved by the reviewing offieia4 Administrative Official to indicate individual parking stalls.- Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required all barrier - free parking will be marked and signed to comply with the Washington State Barrier Free requirements. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, and landscaping and irrigation facilities in conformance with the standards of this chapter and the approved site plan. (Ord. 93 -81 §31, 1993, Ord. 29'17 §1 (part). 1986) 15- .06.120 Time of Cemtiencompletion. All parking required by this title shall be installed prior to occupancy or commencement ef-of use.- Where compliance with this requirement is not possible, the reviewing officia4Administrative Official may grant an appropriate delay under the provisions of Section 15.12.070(D). (Ord. 2917 §1 (part.) 1986) 129 t ! _ - _ - ... ' -:.• - :15.06.130 Off - street loading space required. Off - street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. (See Parking Circulation Plan requirements in Section 15.06. 030). (1)— Loading Space Size.- The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. -Each off - street loading space shall have the minimum dimensions of twelve feet in width and twenty -five feet in length. On -site maneuvering space of not less than fifty -two feet in length shall be provided adjacent to the loading dock. -This maneuvering space shall not include any area designated for off - street parking. (2)— _Loading Space Location.- Required off - street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of- way of any public or private road. (Ord. 20'17 §1 (part). 1 986) 15.06.140 _Nonconforming sparking. Any use which, on the effective date of this section or any amendments hereto, is nonconforming in terms of required off - street parking facilities may continue in the same manner as if they were conforming.- However, the number of existing off - street parking spaces shall not be reduced. When an existing structure with nonconfoiuiing parking is expanded, or a - - - - •- •- - - - - - ' •- • - • - - - - and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this chapter.- However, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this chapter. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in Table 4 -1 the nonconformity shall cease and the new use shall provide all the required off - street parking in accordance with the provisions of this chapter. (Ord. 2647 §1 (part) 1 986) 130 15.06.150 Handicapped naparking. Handicapped parking shall be provided in accordance with RCW 19.27.030.5. (Ord. 2947 §1 (part), 1986)the Washington State Barrier -Free Code. 131 Chapter 15.07 SITESCREENING Sections: 15.07.010 Purpose. 15.07.020 Sitescreening required 15.07.030 Determination of sitescreening requirements. 15.07.040 Sitescreening standards 15.07.050 Table of required sitescreening standards 15.07.060 Sitescreening along streets 15.07.070 Location 15.07.080 Existing plant material 15.07.090 Preparation of a sitescreening plan 15.07.100 Time of completion 15.07.110 Retention and maintenance 15.07.010 Purpose: The purpose of this section is to: establish sitescreening standards to provide a visual buffer between uses of different intensity, streets and structures;, reduce erosion and stormwater runoff; protect property values;, and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, water run -off, buildings or parking areas. (Ord. 2917 §1 (part), 1986) 15.07.020 Sitescreening Required SiteSite screening shall be required along: the property lines in accordance with the provisions of this chapter whenever any use, development, or modification to the use or development is being reviewed under this title. Provided, the construction of single- family residences or duplexes not part of a larger development are exempt from this chapter and no sitcunless the site abuts a commercial zoned district. No site screening is required along a property line shared with a vacant parcel, except where a non - residential use is developed upon a vacant parcel in the SR or R1 zone. The provisions of this chapter also apply to the approval of any residential subdivisions and planned residential development. (Ord. 2947 §1 (part), 1986) 15.07.030 Determination of Sitescreening Requirements Ti . i ff c i a i d mn i srave Official adjust th. The r��'��W.��, � itti ��,��,l�iuuui�uavc Official may au�u�� the sitcsite screening standards in this chapter by approving other sitesite screening plans pursuant to the provisions of Section 15.10.020 and Section 15.10.030. (Ord 2917§1 (part), 1986) 132 15.07.040 Sitescreening Standards Site Site screening requirements vary, depending on the intensity of both the proposed use and its- ncighbors.abutting properties. Three different standards, A, B and C, are hereby established to accommodate the range of si- tesite screening needs. STANDARD A —A ten-foot wide landscaped planting strip with trees at twenty -feet to thirty -foot centers, which include shrubs, and groundcover. STANDARD B —A three - foot -wide planting strip that will create a living evergreen screen that is at least six feet in height within three years. STANDARD C —A six- foot - high.. -, view - obscuring fence.. -, made of wood, masonry block, concrete or slatted chain link material. A three- foot -wide planting strip landscaped with a combination of trees,. - shrubs, and groundcover along the outside of the fence is also required when the fence is adjacent to streets, alleys and pedestrian ways. Provisions A, B and C are standards for the size of sitescreening area and,. the density and type of landscaping/planting. The developer may substitute a higher sitesite screening standard, with standard C being higher than B, and B being higher than A. Other sitesite screening plans that improve the site design and achieve the purpose of this section may also be approved by the reviewing officialAdministrative Official in accordance with Chapter 15.10. All sitesite screening shall also con f o riY: 4 ?try {'i ,, n o f c cc t -aS 1 ''' VVi vv111 i V11.A11 u1VV v iii �.v a,a�v r a y .avi v aiv v� vv✓ .iv�� v v✓ ui v aa i ✓v ✓v Vision Clearance at Intersections. (0 : •' : :... • 15.07.050 Table of Required Sitescreening Standards. Table 7,--1 titled "Required Sitescreening Between Uses and Development is hereby adopted as part of this chapter.- The letter designation in this table refers to the sitescreening standards in Section 15.07.040. 133 TABLE 7 -1 REQUIRED SITE SCREENING BETWEEN USES AND DEVELOPMENT COLUMN 1 Lowest Intensity District in which ADJACENT use is Class (1) Use Lowest Intensity District Lower — District Intensity -* Higher in which the PROPOSED LAND SR Rl R2 R3 B1 B2 SCC LCC AS GC CBD RD M1 M2 USE is a Cass (1) Use SR _ _ A_ AC C C C C C C C C R1 B C C C C C C C C C C C R2 A B CB C C C C C C C C C R3 A A A AB C C C C C C C C B1 A B B A B B - B2 C C C B _ - B B SCC C C C C _ B B LCC C C C C _ _ A B AS C C C C GC C C C C A B CBD C C C C A B RD C C C C C C 1V_1 C C C C B B B A A A C N 2 C C C, C B B B B B B C Sitescreening generally not required A, B or C Letters refer to the sitescreening standards in 15.07.040 How to Use Tad1e 7 -1 EXAMPLE: ;proposed Use Residential Mini- Storage 1. Refer to Tab* 4 -1 to find Lowest Density Zoning District in which the proposed use is permitted as a Class 1 Use. For residenti41 mini - storage this is M -1. Find this district in Column 1 above. 2. Refer to Tab* 4 -1 to find the Lowest Intensity District in which each adjoining use is permitted as a Class (1) Use. If an adjoini4g use is not a Class (1) use in any district sitescreening, standard C is the required sitescreening standard alo that .ro,ert line. d'oinin• Uses: North Single- family dwellings Lowest Intensity District Class (1) Use = SR South Tavern Lowest Intensity District Class (1) Use = LCC East Employment Agency Lowest Intensity District Class (1) Use = B2 West Vacant 3. Use Table 7 -1 to find the recommended sitescreening to be provided by proposed use. The recommended level of sitescreening lis the letter in the intersection of the district found in Step 1 with each district noted in Step 2. (In this examile: SR =C; LCC =A; B2 =B; Vacant =none. 4. Refer to specific sitescreening standards in 15.07.040. 5. Prepare sitescreening plan. See Section 15.07.040. 134 • 15.07.060 Sitescreening Along Streets. Sitescreening standard A shall apply wherever sitescreening is required under Table 7 -1 and the adjoining land use is separated from the proposed use or development by a collector or local access street -,. The review officialAdministrative Official may also require sitescreening standardStandard A along an arterial when such action is consistent with the purpose of this chapter. (Ord. 2947 §1 (part), 1986) 15.07.070 Location. Generally, all required sitescreening shall: 1. Be located on the perimeter of a lot or parcel upon which the development occurs; 2. Extend from lot line to lot line; 3. Not be located on any portion of a public or private street, dedicated right -of -way or vision clearance triangle. (Ord. 2947 §1 (part- } ' 98 ti) 15.07.080 Existing Plant Material Existing trees and other vegetation may be used for sitescreening if they are healthy and will satisfy the purpose of this section. (Ord. 2917 §1 (part), 1986) 15.07.090 Preparation of a Sitescreening Plan. The reviewing officialAdministrative Official may require a sitescreening plan showing the approximate location, height, size and type of all plantings and fences whenever sitescreening is required. (Ord. 3019 §31,1987; Ord. 2947 §1 (part), 1986) 15.07.100 Time of Completion. A11 sitescreening required +b title X11 be installed p r o . 1 i ir ll .:aI iSdvaaaa1 iv�u IJ Lul L1L1v onuai be u prior t i w occupancy' or commencement of use. Where compliance with this requirement is not possible because of seasonal planting limitations, the reviewing officialAdministrative Official shall grant an appropriate delay. However, no peiinanent certificate of occupancy shall be issued until all required sitescreening is completed. _ , . .. , 15.07.110 Retention and Maintenance. All sitescreening shall be maintained in accordance with the purpose and intent of this chapter. It is the property owner's obligation and responsibility to maintain the site screening approved. 135 In the event the sitescreening deteriorates or is not maintained in a condition consistent with plan approval, the county /cityappropriate jurisdiction may at its option cause necessary maintenance to be perfoimed and assess the costs thereof to the property owner. These costs shall constitute a lien on the property from the date of filing a notice of lien in the office of the county auditor. The lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by the county / cityappropriate jurisdiction in the manner provided by law for the foreclosure of mortgages. (Ord. 3019 & 32, 1987; Ord. 2917 §1 (part), 1986) 136 Chapter 15.08 SIGNS 1■ Sections: 15.08.010 010 Purpose, 15.08.020 020 Definitions, 15.08.030 030 Development petinit required. 15.08.040 _Exempt signs, 15.08.050 _Prohibited signs. 15.08.055 _Sign Maintcnanccmaintenance. 15.08.060 060 Sign standards. 15.08.070 070 General provisions. 15.08.080 080 Projection over right -of -way, 15.08.090 090 Roof signs. 15.08.100 100 Wall signs, 15.08.110 110 Temporary signs_. 15.08.120 Directional signs, 15.08.130 130 Off - premises signs and billboards. 15.08.1'10 140 Multiple - building complexes and multiple- tenant buildings, 15.08.150 150 Freeway signs. 15.08.160 160 Legal nonconfouniing signs, 15.08.170 170 Administrative adjustment of sign standards allowed. 15.08.180 180 Variances, 15.08.190 190 Violations. 15.08.010 = Purpose The purpose of this section is to accommodate and promote: sign placement consistent with the character and intent of the zoning district; proper sign maintenance; elimination of visual clutter; and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use and maintenance of signs within the urban area shall occur in accordance with this chapter. (Ord. 2947 §1 (part), 1986) 138 15.08.020 Sign Definitions. For the purpose of this chapter, certain abbreviations, teiins, phrases, words and derivatives shall be construed as specified herein. (Ord. 93 81 §2, 1993; Ord. 3106 §16, 1988) 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 that which pertains to any occupant, business, or event unrelated to the present occupant or use. n "Banner" � lightweight fabric , 2. cGBanner 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 be - not be considered banners. 3. "Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. 1. 1. "Changing "1—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. 2. 5. "Construction Sign- sign" means any sign used to identify the architects, engineers, contractors or other individuals or fiffisfinns involved with the _construction of a building and to show the design of the building or the purpose for which the building is intended. • 3. 6. "Directional Sign Sec sign" see Section 15.08.020(13), Off Premises Directional Sign. Also sec 15), off - premises directional sign, and Section 15.08.-1- 20020(16), on- premises directional sign. 7 "Elect. cal C'2" 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 tilde. 9. "Freestanding SS-ignsign" means any sign supported by one or more uprights, poles or braces in or upon the ground. 1 ".0.— 1 1 VV YV U J v• I I.DJ ,u means U freestanding Olga designed t uuu placed to attract the attention of freeway traffic.—See--1-5,08:450: 11.— "Grand Oppni"^ Signope sign means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights 139 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 Buildingtenant building" is a grou -p-of strueturc ;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. -- SeeSee Section 15.08.140. 14.-- Of- P-remi es -Sign "Off- premises sign" means a sign which advertises or promotes merchandise, service, goods, or entertainment which isare sold, produced, manufactured or furnished at a place other than on the property on which said sign is located. Sec 15.08.030. 15. ! • • - - - ! ' - - - - - "Off- premises directional sign" means an off - premises sign with directions to a particular business. Sec 15.08.120 (A). 16.— "On- Premises Signpremises 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+ premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on -site locations. Sec 15.08.120 (A). 18.— "Political Signsign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot. 19.— "Portable Siqnsign" 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 (also see Section 15.08.020(2829), temporary sign. 20. "Projecting Signsign" means a sign, other than a wall sign, that is attached to and prefeeting rp ojects from a structure or building face. 21. "Real Estate ei ^ sign" means any sign pertaining to the sale, lease or rental of land or buildings. 22. "Roof Signsign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. - SeeSee Section 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. 140 24.— "Sign Areaarea" means that area contained within a single continuous perimeter th twhich encloses the entire sign cabinet, but excluding any support or framing structure that does not convey a 7 a a SiQrr rue P1i/A tit * D * 0 PIM Sig 0 Mott Loutsrs e FIGURE 8-1 message. 25. "Sign cabinet" means the module or background containing the advertising message but excluding sign supports, architectural framing, or other decorative features thatwhich contain no written or advertising copy. 26. "Sign #ei 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. 28. "Street frontage" means 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 fr .. FIGURE 8-2 frontages. 29. "Temporary Si 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(48)7 Types of displays included in this category are: grand openings, special sales, special events, and garage sale signs. 30. "Use identification sign" means a sign used to identify and /or contain information pertaining to a school, church, residential 14 1 development or a legal business other than a home occupation in a residential district. 31. "Wall Sign-sign" means any on- premises sign attached to or painted directly on the wall, or erected against and parallel to the wall of a building. SeeSee Section 15.08.100. 32. "Window Sig-Rsign" 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. (Ord. 93 81 §32, 1993; Ord. 3106 §16, 1988; Ord. 2947 §1 (part), 1986.) 15.08.030 = Development Permit p eguiredpermit required. No sign governed by the provisions of this title shall be erected, structurally altered or relocated after the adoption of this title without first receiving a development permit from the building official. 1. For New Uses.- All on- premises signs are accessory uses and shall be subject to the same procedural and review requirements as the principal use. Off- premises signs and billboards are peunitted as shown in Section 15.08.130. 2. —_For Changes or Replacement of an Existing Sign.- Structural changes to, or replacement of, an existing sign requires CIr^cType (1) review and approval by the building official. (Ord. 3019 §33, 1987: Ord. 2947 §1 (part), 1986) 15.08.040 = Exempt Signssigns. Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this scctiorlchapter are met: 1.— Window signs; 2.— _Point of purchase displays, such as product dispensers; 3 .— Gravestones; 4.— _Barber poles; 5.— Historical site plaques; 6. _Structures intended for a separate use such as phone booths, Goodwill containers, etc.; 7.— _Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; 8. _Directional, warning or infoimation signs or structures required or authorized b l or by federal, state, co nr City a uthority 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; 142 10.— Political signs which during a campaign, advertise a candidate or candidates for public elective office, a , political party, or promote a position on 1 r ✓ r - -- position - a public issue, provided sueh(i) all political signs shall not be posted—more removed within fifteen days following the election, except that in cases where a ' general election follows a primary election, those signs for candidates whose names will appear on the ballot in the general election may be displayed during the interim period and up to fifteen days after the general election, and (ii) no political sign shall be erected upon any private property without the permission of the resident or owner thereof, and in cases where there is no occupied structure on the propel t y no political signs shall be placed thereon without the written consent of the owner of the property; 11.— Construction and real estate signs not exceeding thirty -two square feet in sign area; 12.— All temporary signs (scc Sect. See Section 15.08.11) except 0 accept portable signs; 13.— Church, schools and community center name and /or readerboards not exceeding thirty - two (-32--)-square feet in sign area; 14.-- Canopy Canopies and awnings 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. (Ord. 93 81 §33, 1993; Ord. 3019 §34, 1987; Ord. 29/17 §1 (part), 1986) 15.08.050 = Prohibited assigns. 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 j 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 obstriu the v isibilit y o f any traffic/street signal; v VJ01 u v0 the visibility of 0111,' 1.101111 V /JG1VV0 sign or Jlgll[01, 3. _Signs attached to utility, Etrset-;igh ,,streetlight 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; 143 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. (Ord. 93 81 §34; Ord. 2947 §1 (part), 1986) 15.08.055 = Sign Maintenanccmaintenance. A. General Requirements.- Signs shall be maintained in good order and repair at all times so that they do not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks and loose and dangling materials.- Signs that are not maintained in this manner shall be considered prohibited signs. B. Nonconforming Sign Maintenance and Repair.- Nothing in this title shall relieve the owner or user of a legal 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. (Ord. 93 81 §35, 1993)) 15.08.060 = Sign Standardsstandards. The provisions of this chapter and the requirements in Table 8 -1, "Type and Number of Signs Permitted;" Table 8 -2– "Maximum Sign Area;" and Table 8- 3, "Sign Height and Setbacks are established for all signs in the zoning districts indicated.- All permitted signs are subject to the review procedures of this title and the standards of this section. -Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the principal use. (Ord. 93 81 §36, 1993; Ord. 3106 §16, 1988) 144 TABLE 8 -1 TYPE AND NUMBER OF SIGNS PERMITTED • ZONING DISTRICTS SIGN TYPE SR R1 R2 R3 B1 HB B2 SCC LCC CBD GC AS RD MI M2 PERMITTED SIGNS IId Nameplate Permitted as an accessory use to an approved or existing use P emises Subdivision S gns entification/ Proiect Identification Roof/Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Proj. Are Subject to the Same Reviews and Procedural I.D. Only Requirements as the Principal use Pro;ecting Not P Freeway See Section 15.08.150 ff Directional Not Class Not Class (2) Use Class P emises Advertising Permitted (2) Permitted (1) Use • S gns use I Billboards NUMBER OF SIGNS PERMITTED Cn Nameplate 1 per dwelling P- Subdivision 1 peer street frontage 1 street frontage S gns Identification/ Use Identification I Freestanding' I Projecting Not Permitted Wall/Roof/Portable Wall: See 15.08.100/Roof: See Signs 15.08.090 /Temporary: See 15.08.110 Freeway Freeway: See Section 15.08.150 ff Directional Directional: See Section 15.08.120(b) P emises Advertising Not Permitted 1 Sign Per Parcel (Also See 15.08.130) • S gns 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. 145 TABLE 8 -2 MAXIMUM SIGN AREA MAXIMUM AREA PER SIGN FACE ZONING Freestanding and Projecting Signs WALL SIGNS FREEWAY SIGNS DISTRICT Sign is setback 15' or Sign is setback 15' or less from required more from required right -of -way right -of -way SR Nameplates up to 2 sq. ft NOT PERMITTED Rl Subdivision/Project Identification up to 32 sq. ft. R2 R3 B1 24 sq. ft. 40 sq. ft. SIZE OF WALL TO WHERE PERMITTED: HB WHICH UP TO 300 SQUARE B2 40 sq. ft. 60 sq. ft. ATTACHED FOOT SCC Frintaoe is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area th.n 400 Ft. lineal ft. of frontage up per lineal ft. of frontage to to 100 sq. ft. up to 150 sq. ft. Fr nta e is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area m re than 400 lineal ft. of frontage up per lineal ft. of frontage Ft. long to 150 sq. ft. up to 200 sq. ft. LCC Fr nta e is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area th n 400 Ft. lineal ft. of frontage up per lineal ft. of frontage log to 150 sq. ft. up to 200 sq. ft. Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area more than 400 lineal ft. of frontage up per lineal ft. of frontage Ft. long to 200 sq. ft. up to 250 sq. ft. CBD 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. GC Fr nta e is less . 1 sq. ft. of sign area 1 -1/2 sq. ft. of sign area th n 400 Ft. per lineal ft. of frontage per lineal ft. of frontage log up to 150 sq. ft. up to 200 sq. ft. Fr nta e is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area m re than 400 lineal ft. of frontage up per lineal ft. of frontage Ft. long to 200 sq. ft up to 250 sq. ft. Fr intage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area th. n 400 Ft. lineal ft. of frontage up per lineal ft. of frontage AS to to 150 sq. ft. up to 200 sq. ft. Fronta.e is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area mere than 400 lineal ft. of frontage up per lineal ft. of frontage Ft. ion! to 200 sq. ft up to 250 sq. ft. Frontage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area than 400 Ft. lineal ft. of frontage up per lineal ft. of frontage RD long to 150 sq. ft. up to 200 sq. ft. Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area more than 400 lineal ft. of frontage up per lineal ft. of frontage Ft. long to 200 sq. ft up to 250 sq. ft. M1 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area M2 lineal ft. of frontage up per lineal ft. of frontage to 100 sq. ft. up to 150 sq. ft. 1 MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE 146 TABLE 8 -3 SIGN HEIGHT AND SETBACKS I I I I ZONING DISTRICTS SIGN STANDARDS SR R1 R2 R3 B1 HBB2 SCC LCC CBD GC AS RD M1 M2 I MAXIMUM SIGN HEIGHT Freesta ti _ding' Sign is setback 15 feet or 5 ft. 10 Ft. 115 30 130 30 (30 Ft. less from required right- Ft. Ft. Ft. Ft. of -way Sign is setback more than 10 Ft. 15 Ft. 20 35 40 30 40 Ft. 15 feet from required Ft. Ft. Ft. Ft. right-of-way 1 1 1 Project mg Not See Section 15.08.080 Wall Permitted' Top of Wall to Which Attached Freewaly Where Permitted: 70' SETBACKS Minimiim front yard setbacks Edge of right -of -way Minim>jm side yard setbacks Required setback standards for each zoning district (Table 5 -1) Notes: 1 Section 15.08.140 has special freestanding sign provisions for multiple building complexes and multiple tenant buildin - s. 2 Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a 1 wall —$ee Table 8 -2. I 15.08.070 = General provisions. All signs shall comply with the following provisions: 1 -A. Construction shall satisfy the requirements of the Uniform Building Code; • 2. B. Except for exempt signs, all signs shall be permanently attached to a building or the ground; 3. C. Signs attached to a building shall not exceed the height of the building, except under the provisions of Section 15.08.080(1) and Section 15.08.090; 4: —D. All signs shall comply with the setback requirements in Table 8 -3; except, when the side or rear yard is a street frontage, then the front setback shall apply; • 1 11'7 5. E. Lighting directed on or internal to any sign shall be shaded, screened or directed so that the Flight's intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; 6. F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; G. The ratio of the area of the sign support, framing structure, and /or other decorative features which contain no written or advertising copy to the sign cabinet shall not be greater than 1:17i H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes.- (See Section 15.05.040); 9. I. No freestanding signs shall be placed in the clearview triangle established in 15.05.040;. 10. J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. (Ord. 93 -81 §37; 1993; Ord. 3106 §18, INICEP.1 purr 1988; Ord. 29'17 §1, 1986). FIGURE 8-3 15.08.080 = Projection Over over right-of- ay. Projecting and freestanding signs shall comply with the following provisions: 1. No more than one -third of the height of any projecting sign shall exceed the height of the building to which it is attached. 2.— All signs projecting over the public right -of -way shall confoiiii to the following standards: Clearance Above Grade Maximum Projection Less than 8 feet Not permitted 8 feet to 9 feet 1 foot 9 feet to 10 feet 2 feet Ovoo�et from Building to curblinc or a 148 maximum of 10 feet: ..• - - •. _ •° - e . 3019 §36, 1987; Ord. §1 (part), 1986) alley below- --a -he ght : c 1 ^ o4 -. . . than 12 inches where the sign structure i . . - : - - ... .. . - ° _ . structure may project not more than 36 inches into the public alley where the sign or sign structure is located mo - . ... .. . e . ! • §36, 1987; Ord. 29 /17 §1 (part), 1986) Clearance Above Grade Maximum Projection Less than 8 feet Not permitted 8 feet to 9 feet 1 foot 9 feet to 1.0 _feet 2 feet Over 10 feet 2/3 the distance from building to curb line or a maximum of 10 feet No sign shall project within two feet of the curb line. 15.08.090 _Roof Sirssigns. Ail roof signs shall comply with the following provisions: 1.— Roof signs shall be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building .ASCII. 7.- Roof eigre must not exceed the maY i,r„m a owa e height of the building within the district in which it is located. 3.— All roof signs shall be installed or erected in such a manner that there is no visual support structure. (Ord. 2917 §1 (part), 1986) 15.08.100 = Wall signs. All wall signs shall confo in to the following provisions: 1.— Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than twelve inches from the wall. 149 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 thcy arc attached. (Ord. 93 81 §2, 1903; Ord. 2047 §1 (part), 1986) 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 -of -way or an easement unless specifically permitted by the City /Countycity /county. 5. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. (Ord. 03 81 §39, 1993; Ord. 29'17 1 §(part), 1986) 6. No temporary sign shall be displayed more than fifteen days after the event for which it is intended. 15.08.120 — Directional assigns. A—A. On- premises Directional Signs.— Off - premises directional signs readable from the public right -of -way may be permitted in accordance with Table 8 -1.- On- premises directional signs may contain both directions and the business name or logo provided the business name or logo shall not exceed fifty percent of the sign area.- All on- premises directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face. B.— Off - premises Directional Signs.- Off- premises directional signs are permitted where indicated in Section 15.08.130(B); provided, that: 4 —1. Each use located in a district where off - premises directional signs are allowed is permitted one off - premises directional sign; '22. The off- premises sign contains only directional information and does not exceed thirty -two square feet in area nor twenty -five feet in height; 3. —_The off - premises signs are permanently installed on private property; 150 4. Only one off- premises sign is permitted on a parcel. (Ord. 2947 §1 1 (part), 15M8.130 Off- Premises Signspremises signs a Billb A.— Billboards are: Class (11) uses in the M -I-1 and M -2 districts; Class (2) uses in the CBD, GC, and CBDSRD districts; Billboards may be permitted in these districts after the required levveltvne of ieviewroed. Provided, they meet the provisions of this chapter and all of the following criteria: 1. The maximum s ign area doe not exceed three hundred (300) squ 1eetfeet per sign face; 2. There is not more than one product display per sign face; 3. There are no side by side panels; 4. Required front yard setbacks are met; 5.__ Billboards between a one - hundred - = fifty (-1-50-) -and three - hundred (-898) feet radius of a residential district shall be restricted to one-hundred sixty ( square feet per sign face and may not be lighted.-;, 6. No billboard shall be located within one - hundred fifty ( -1-50) -feet of a residential district,.., 7. The billboard is not within five hundred (500) lineal feet of another billboard having the same street frontage. 8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8 -3 of this chapter-4 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-Promises premise(s) signs are: Class (11) uses in the M -I-1 and M -2 districts; Class (2) uses in the B -2, CBD, GC, and GB -DBRD districts. Off nremi s ig,ne may he permitted in these dist after the required Ieltype of review, provided they meet the provisions of this chapter and the specific standards for the district in which they are located. (Ord. 93 18 §40, 1- 9-93 2947 §1 (part), 1986) 151 15.08.140 Multiple - building complexes and multiple- tenant buildings. A.– Purpose.- The following provisions shall apply to multiple - building complexes and multiple- tenant buildings in the SCC, LCC, GC, and CB-DSRD districts. B.— Number of Freestanding Signs.- Each multiple - building complex shall be allowed one freestanding sign on each street frontage in accordance with Table 8 when-2. When the street frontage is longer than four hundred feet: 4-1. One additional freestanding sign shall be permitted for each additional four hundred feet of street frontage or part thereof; or 2. –_A single larger freestanding sign can be erected in accordance with Table 8 -2. If option 1, as set forth in subsection l 1B1 of this section, is selected, no freestanding sign shall be placed closer than two hundred feet to any other freestanding sign or exceed the standards in Table 8 -2.- These provisions shall also apply to each multiple tenant building, unless it is a part of a multiple building complex. The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple- building complex or multiple tenant building. -(-Ord 2947 §1 (part), 1986) 15.08.150 Freeway signs_ A.– _Purpose.- The purpose of this section is to permit hotels /motels, restaurants, service stations and fruit stands near the freeway a larger on- premises sign to inform freeway travelers of their service. B.— Location.- A use with more than one street frontage may substitute a freeway sign for one of its allowable freestanding signs. -When the use: 1. Has (a) has frontage on Nob Hill Blvd., Yakima Avenue /Terrace Heights Drive, North 1st Street, North 16th Avenue or North 40th Avenue.- and all or a portion of the lot is within one thousand feet of a freeway interchange, or 2. Is (b) is within two hundred fifty feet (250') of the freeway right -of- way. 152 C.— Number of Freeway Signs.- Only one freeway sign is permitted on each parcel.-, multiple building complex or for each development, whichever is A tmore restrictive. D. —_Uses with Only One Frontage.- Uses within the area described in sectionSection 15- .08- .150(2B) with only one street frontage may install a freeway sign in addition to the permitted freestanding sign. E. Sign Height. The maximum height for freeway signs is shown in Table 8 -3. (Ord. 93 81 §41, 1993; Ord. 29/17 §1 (part), 1986) 15.08.160 Legal e : . . - • _ - nonconforming signs. Any sign lawfully existing under all codes and ordinances in effect at the time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful; • provided, that: 1. No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and 2. — If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal structural repair and maintenance; and, 3. — The sign is not a hazardous or abandoned sign. - 1- rd,-2-94,7 §§-1 (part), 19 15.08.170 Administrative .r _' = _ .: . ". • = adjustment of sign standards allowed. • A. - Comprehensive Design Plan.- A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this chapter is proposed or when required as part of a detailed sign plan.- The comprehensive design plan shall include a narrative and site plan, including, but not limited to, the following: 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 153 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. (Ord. 93 81 §'12, 1993; Ord. 3019 §27, 1987; Ord. 2947 §1 (part) 1986) B.— _Review Procedures.- The rcvicwing officialAdministrative Official shall review the comprehensive design plan in accordance with the provisions of Chapter 15.10 and may either approve or disapprove the plan.- The rcvicwing officialAdministrative Official shall approve the comprehensive design plan and /or adjustments in the standards of this chapter when he finds that such approval would: be consistent with the character of the zoning district; — compatible with neighboring land uses1 and create visual harmony between the sign, structure, and the site where it is located.- The rcvicwing officialAdministrative Official may also attach conditions to this approval in order to accomplish the objectives of this section and Section 15.10.030. 4(0 -rd. 3019 §27,1987; Ord. 2947 §1 (part), 1986) 15.08.180 Sign -- Variances. Except as allowed by ccctionYMC 15.08.170, no reduction of the standards in this chapter is allowed except pursuant to Chapter 15.21, Variances. -(Ord. 2947 §1 (part), 1986) 15.08.190 Sign- Violations. Failure to comply with the provisions of this chapter is a violation of this title and punishable under the provisions of Chapter 15.25. (Ord. 2947 §1 (part), CHAPTER 154 • Chapter 15.09 SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 Purpose. 15.09.020 020 Special development standards for the overlay districts_ 15.09.030 030 Common open space requirements_ 15.09.010 040 Zero lot line development 15.09.050 050 Performance standards — Emissions. 15.09.070 060 Special development standards for service stations and other _retail uses selling motor fuel_. 15.09.090 070 Special requirements for animal husbandry_ 15.09.110 080 Special requirements for Bond -and Br akfact Innsbed and breakfast inns. 15.09.120 Planned developments. 15 P urpo s„ . The purpose of this chapter is to specify certain standards that under special development or modifications to development. e - :. •' = .. , • : .1 1.! 1 . • • . . •. _ . • . . . • • . • • 15.09.090 Special requirements for social card rooms. 15.09.100 Gated Private Street Developments 15.09.110 Reasonable Use Accommodation Process 15.09.020 Special development standards for the overlay districts. A.— Purpose.- The overlay zoning dictrictsoverlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances for the 15.30 of this title, and is cxprcccly excepted from the provisions for overlay districts established in other chapters of this title.. Specific overlays have been established as follows: 155 Overlay District Districts or programs Greenway Overlay Yakima River Regional Greenway Plan Shoreline Master Program Floodplain Overlay Shoreline Master Program • National Flood Insurance Program (flood hazard areas) Overlays established separately in this title ii Airport Overla 1 Yakima A ir Terminal at McAllister Fier (see Chapter 15.30) Other public airport with defined airspace per FAR Part 77 Institutional Overlay Large -scale institutional facilities with (see Chapter 15.31) special locational needs Master Planned Development Master Planned Development Overlay (see Chapter 15.28) (residential, commercial, industrial or • mixed -use development B.— _ Application.- The provisions of this chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay district. C.- _ Project Review in an Overlay Districts. _ In order to assure the appropriate standards are applied, all Class (1) uses in an overlay district, unless otherwise specified shall be subject to CidssType (2) review (Chapter 15.14).- All Class (2) uses shall be subject to CIa °Type (2) review and Class (3) uses in an overlay district shall be subject to ClassType (3) review. A reviewing officiaiAdministrative Official may condition or deny approval of any use, development, or modification thereto, in an overlay d+ctrict based on the provisions set forth and adopted by this section. (Ord. 98 59 §3, 1998) D.– Special Development Standards in the Greenway Overlay District. All development in the Greenway Overlay District greenway overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Rog i `r.c G. :,'riway n b ton :rr y plan. pla. ` b` J ` E —. Special Development Standards in the Floodplain Overlay Districts. . All development in the Floodplain Overlay Districtfloodplain overlay district shall conform to the requirements and standards of the underlying zoning district and the flood damage prevention ordinance adopted by the county /city. Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and /or the flood damage prevention ordinance. F.– _Coordination with the Shorelines Master Program.- If a proposed Class (2) or (3) 156 use, nonconforming use expansion, or other modification is proposed on property within the jurisdictional boundaries of the Yakima County chime Mastcr_Program andshoreline master program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements of this title, but shall be subject to all applicable standards of this title.- If a conflict exists between the standards of the Sh Mast Programshoreline master program and this title, the more restrictive provisions shall apply. (Ord. 3106 §19,1988; Ord. 2917 §1 (part), 1986) 15.09.030 Common ! : - - _ :. - ' - :. • - •• - - . open space requirements. The following provisions shall apply whenever common open space is proposed by the developer, or when required by a rcvicwing official under CIassAdministrative Official under Type (2) or (3) review as a condition of approval: 1.— Use.- The common open space may be used for recreation; shoreline • access; landscaping; visual, noise or land use buffer; drainage control; or other uses approved by the reviewing official during project review.- Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. -All structures and improvements peimitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan. 2.— Location. The location, shape, size and character of the open space shall be suitable for the type of project. - Generally, common open space shall be located: a. —_Next to other open space areas; b. —_So that it buffers the proposed development from neighboring developments; c. —_To provide access to recreation facilities or link recreational facilities with sidewalks or paths. 3.— Retention and Maintenance.- The final site plan shall include a provision approved by the reviewing official assuring the pennianent retention and maintenance of the common open space. -Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such 157 dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the rcvicwina official. Administrative Official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. -The document shall contain a provision vesting the county /city with the right to enforce the peiivanent retention and maintenance of the common open space, and providing that, in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county /city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project.- A document shall also provide for the collection of such costs by lien and /or direct Civil action. –(-Orel, 2947 §1 (part). 1986) 15.09.040 = Zero Lot Line Development. lot line development. A.— _ Purpose.- Zero lot line development for single- family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive area- or provide more usable private or community open space. B.- _ Review Required.- Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by claooType (2) review.- Zero lot line development may also be approved on lots created before the effective date of this title by clacoType (3) review.- A site plan meeting the requirements of Section 15.11.040 or, as applicable, Section 15.11.050 shall be prepared for all zero lot line development. C. - Development Standards.- All zero lot line developments shall comply with the standards of Table 5 -1, and 5 -2, the provisions of this title and the following requirements provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: 1.— Dwelling Unit Setbacks: a.- interior Side -Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback), -The setback standard from the other side property line shall be ten feet. -No structures except for patios, pools, fences, walls: and other similar elements are permitted within the required setback area. b. _Rear ^ Yard Setback Standard.- The rear yard setback standard is ten feet. c.— Front and Streetside Setback Standards.- Front and streetside setback standards shall be those shown on Table 5 -1. 158 2. _Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3.— _Maximum Lot Coverage.- The total lot coverage on a lot shall not exceed the district requirements established in Table 5 -1. 4.— _Platting Requirements.- Each dwelling shall be located on its own individual platted lot. -The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. - In order to maintain privacy.-, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right -of -way. 6. _Maintenance and Drainage Easements.- A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and /or fences, shall be kept clear of structures. -This easement shall be shown on the plat and incorporated into each deed transferring title on the property. -The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. - Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18. —' ". Water runoff from the dwelling placed on the lot is limited to the easement area. 7.— Common Open Space and Maintenance Facilities. - Any common open space provided shall comply with the provisions of Section 15.09.030. (Ord. 2947 §1 (part), 1986) 15.09.050 — Performance Standards standards — Emissions. A.— Purpose and Application.- The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the temis of this title. -A reviewing official, including those engaged in clan ;Type (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section.- in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and /or incompatible with surrounding uses. B. Gases, Fumes and Vapors. The emission of any gases, fumes or v apors dangerous to human health, animal life, vegetation or property, are prohibited. 159 C.— Heat.- No use shall produce heat significantly perceptible beyond its lot lines. D.– Glare.- No use shall produce a strong dazzling light, or a reflection of a strong dazzling light, beyond its lot lines. E.– Vibrations.- No use shall cause vibrations or concussions i d +cctablcdcteciblc beyond its lot lines without the aid of instruments, with the exception of vibration resulting from construction activity. F.– Storage and Waste Disposal.- All materials and waste which might cause fumes or dust constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. Ord: 2947 §1 (part), 1986) .- • , 15.09.060 Special development standards for service stations and other retail uses selling motor fuel. A. -- Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that ouch these uses are compatible with adjoining residential districts and the character of the district in which they are located. B.– Fifty -foot Setback from Residential Districts Required.- Each pump island shall be set -back at least 50 feet from the zoning district boundary of all adjoining residential districts.- Other peuriitted structures shall comply with the setback provisions established in Table 5 -1. C.– Storage and Display of Vehicles Prohibited.- No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of new n,- m, ,1 vehicle. frlyd 7911 ( 11986) leasing iii any new or us e VVii1L1V. - i •.�:. 7 R - - -r : -� G j , . JJ'.J j 15.09.098 -070 Special Reguirementsrequirements for Animal Hushandryanimal husbandry. A. Purpose.- The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining 160 residential uses and the intent and character of the district in which they are located. 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 -are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and Section 15.09.050. D. Minimum Setback.- No portion of any structure used to house a elemeetiedomesticated 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. (Ord. 93 98 §43, 1993; Ord. 3106 §21, 1988) 15.09.080 Special Requirement requirements for Bedbed and Breakfast I-x+sbreakfast 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. —_Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood. 161 B.— Meals shall only be served to guests, even if required to be licensed as a restaurant under State state regulations, except as otherwise permitted in this title. C.— The number ofguestguest 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 tae- operator shall be peuliitted. F. - - The reviewing officialAdministrative 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 guestguest rooms in home occupations shall be no more than five. (Ord. 93 81 § '14, 1993) 15.09.120 Planned Development, Purpose provided overall development standards and quality of life consideration - - ' ! -gulation is intended to create regulatory l� housing vi t i, o , e st ri n T affordable a- housing- d o m i y , T incentive's VU .. encourage Vi111U 1tAV 1 (111 V1 1A11V 1(.1(1(11(4 11VtA5i11 . and 11112 "Vl ^ t ^ ^ types, ^„ „ encourage small scale mixed use retail /residential /professional development within neighborhoods, and affordable housing goals. They may also include features-That—enhance quality of -life (c.g. sensitive treatment of env nent-al . +. park-s-,—open space, interconnected pathways, and features that promote security-and-safety for both the neighborhood and the community). B. 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No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW church or .ark as measured according to RCW 66.24.010 9 or as the same may be hereafter amended. 15.09.100. Private Street Review Requirements. 1. Private roads -- General requirements. Private streets serving three lots, housing units or more may be approved as an element of a Master Planned Development Overlay (15.28), a Mobile Home/ Manufactured Park (15.09.500), a Condominium or within a Binding Site Plan in conformance with Subdivision requirements. a. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road. b. Private roads are the responsibility of the land owners to construct and maintain in accordance with the requirements of this chapter and shall be specified in a home - owner's association, development agreement or other c. Names for private roads shall be approved by the Planning Departments of the City or County of Yakima. d. Private roadway signs with street name designations shall be provided by and maintained by the developer or home - owner's association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body. e. A gate may be installed at the entrance to a private street, providing there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. f. A private gated access fence shall not obstruct emergency, public service and utility vehicles and have an emergency access device so access can be gained. g. Private roads and the entire easement or right -of- way width shall be open and available for use by emergency, public service and utility vehicles. h. The face of any plat, short plat Master Development Plan, Binding site plan or condominium document containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language: "The City of Yakima has no responsibility to build, improve, maintain or otherwise service 171 any private road for this plat /short plat. Any right -of -way dedicated to the public by this plat /short plat shall not be opened as a City (nr County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system." i. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights -of -way. j. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights -of -way unless approved otherwise by the City /County Engineer. 15.09.110 Reasonable Accommodations Process. 1. Purpose. 2. Reasonable accommodations. 3. Waiver of building code requirements. 4. Accommodations personal to the applicant. 5. Appeal. 1. Purpose. This chapter has been enacted to authorize the community services director or his designee to waive or vary provisions of the Yakima Municipal Code (YMC) when necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his or her choosing. The provisions of this chapter shall apply to commercial and may apply to some residential activities or zones; provided, however, that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. 2. Reasonable accommodations. A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the community services director or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disable's full enjoyment of a residence. B. The city's duty to accommodate is an affirmative one, and the director of community & economic development department is thereby authorized to provide accommodations in a thoughtful and proactive manner. C. The following review may, at the discretion of the director of community & economic development . department, include citizen input into the administrative process. The director of community & economic development department shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject city D. When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to YMC, the staff shall avoid the stereotypical assumptions 173 regarding the disabled and shall attempt to ascertain the actual physical and /or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. 3. Waiver of building code requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those Titles or which would reduce the fire safety of any structure. Modifications, waivers or variances of the provisions of International Building Code, International Fire Code and the other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective state code. The applicant shall have the burden of establishin• that the ero.osed modification waiver or variance accomplishes substantially the same purpose without reduction of fire safety. 4. Accommodations personal to the applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who establish the same use within six months of the date the prior use by disabled person or residential care provider ceases. The director of community & economic development department may therefore direct that any physical chap. e in the structure which would otherwise be Hie. al under the use or bulk requirements of the Title 15, Yakima Urban Area Zoning Ordinance be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and WLAD. 5. Appeal. There shall be no appeal from the decision of the community services director within the city. Interested persons, that are persons located within five hundred feet of the building site, may appeal the reasonable accommodation by filing a i petition for review with Yakima County Superior Court within ten days of the date of mailing of the written notice of decision. 1 7T Chapter 15.10 CONDITIONS OF APPROVAL ADMINISTRATIVE ADJUSTMENT OF STANDARDS Sections: 15.10.010 Purpose 15.10.020 Administrative adjustmentAdjustment of seme development standards authorizcdDevelopment Standards Authorized 15.10.030 Special conditionsConditions of approval authorizedApproval Authorized 15.10.040 Authority to impose special conditions limited in ClassType (1) review and administrative modification review. 15.10.10 Purpose The purpose of this chapter is to specify and outline the authority of revi g officialsthe Administrative Official to impose special conditions of approval on any peimit or approval issued under the provisions of this title and to establish the authority of - . • - _ - . the Administrative Official to administratively adjust some of the development standards set forth in sections 15.01.115Sections 15.05.080 and Chapters 15.05 through 15.08 of this title. (Ord. 2947 §1 (part), 1986) 15.10.020 Administrative Adjustment of Some Development Standards Authorized The purpose of this section is to provide flexibility by allowing certain development standards in Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified so long as the reviewing officialAdministrative Official determines that the adjustment and/or reduction is consistent with the purpose of this title, the intent and purpose of the standards, and will accomplish one or more of the following objectives: 1.- -Allow buildings to be sited in a manner-that, which maximizes solar access; 2. Allow zero lot line or common wall construction in conformance with the provisions of this title; 175 3. Coordinate development with adjacent land uses and the physical features of this title; 4. Permit flexibility in the design and placement of structures and other site improvements; 5. Allow development consistent with a specific sub -area plan adopted by either the city or the countyappropriate jurisdiction. Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in Section 15.17.050 of this title • 1 for Class (1) and Class (2) uses, and under Class (3) review for Class (3) uses, except for development within or adjacent to residential zoning districts -; and under Type (3) review for ClassClass (3) uses. Type (3) review is required to balance this flexibility and general welfare of individual neighborhoods and the community. The reviewing officialAdministrative Official shall not have the authority to reduce the site design requirements for minimum lot size, building height, nor subdivision requirements set forth in Section 15.0105.030 and Table 5 -2. (Ord. 95 13 §7, 1995; Ord. 3106 §22, 1988; Ord. 3019 §39, 1987; Ord. 29'17 §1 (part), 1986), or 15.05.070 Specific Development Standards & Required Conditions. 15.10.030 Special Conditions of Approval Authorized A.. The development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to: 1. Accomplish the objective and intent of any development standard or criteria for approval set forth in this title; 2. 2— Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise; 3. 3. Insure compatibility of the development with existing neighboring land uses; 4. 4— Assure consistency with the intent and character of the zoning district involved; 5. Achieve and further the expressed intent, goals, objectives, and policies of the 5. Yakima Urban Area Comprehensive Plan and this title. 176 B. It is the intent of this title to grant broad authority to impose special conditions to achieve and further the objectives listed above. Such authority shall extend, but not be limited, to the following: 1. 1. Increasing the minimum development standards of this title; Limiting and controlling the dimensions, number, shape, and location of 2. structures, including fences, signs, and buildings; 3. 3— Regulating the number and location of vehicular access points; 4. 4— Requiring the dedication of additional rights -of -way for public streets; 5. Requiring the dedication of public use easements and the recording of the same; €— Regulating the design, manner and timing of construction of any site 6. improvements; 7. Regulating the hours of operation of any commercial or industrial use; 8. 8 . Providing for the maintenance or retention of any regulated site improvement; 9. 9— Requiring and designating the location and size of open space; 10. Reclamation of any site after discontinuance of use or expiration or revocation 10. of a permit. (Ord. 2917 §1 (part), 1986) 15.10.040 Authority to Impose Special Conditions Limited in ClassType (1) Review and Administrative Modification Review. Unless specifically granted in some other provision of this title, the authority of the reviewing officialAdministrative Official to impose special conditions of approval during a ClassType (1) review or an administrative modification (Chapter 15 —.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the reviewing officialAdministrative Official from denying or conditioning approval of any permit under this title based on the application of: (1) the—The State Environmental Policy Act (SEPA); or, —(2) traffic cngineeringTraffic Engineering standards and policies established by Yakima County and the City of Yakimathe appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets. (Ord. 3019 §40,1987; Ord. 2917 §1 (part), 1986) 177 Chapter 15.11 GENERAL APPLICATION REQUIREMENTS Sections: 15.11.010 Purpose 15.11 020 Application requirements 15.11.030 Table of application requirements 15.11.040 General site plan form and contents 15.11 050 Detailed site plan folin and contents 15.11 060 Preapplication conference 15.11 070 Filing an application 15.11 080 Processing applications 15.11 090 Notice requirements 15.11.100 Fee schedule and administration 15.11.110 Master applications 15.11.010 Purpose. The purpose of this chapter is to specify the general procedures to be followed when processing applications. Additional procedures for particular types of development review are contained in specific sections of this title. {Ord. 2947 §1 (part), 1986) 15.11.020 Application Requirements. All applications shall comply with the following requirements: 1. Applications shall be in writing on forms provided by the planning dcpartmentDepartment, or, —for Class (1) uses, by the building official.Administrative Official; 2. 2—Applications shall include the information required by Table 11- 1, "Application Requirements —." For ClassType (1)- and),, (2), or (3) review for developed sites where there is limited proposed change, the application shall include a general site plan in confoimance with Section 15.11.040; provided the reviewing officialAdministrative Official at his discretion may require additional information to clarify the application or determine compliance with the provisions of this title. For C1assType (3) review, the application shall include a detailed site plan in conformance with Section 15.11.0507i 178 3. 3. All applications, - - . including a Type (1) review, shall be signed by the property owner or chic agent authorized in writing to do so. - 4. 4— Applications shall be accompanied by the appropriate fee as established in this title.by ordinance; 5. 5—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 dep nt.Department; and 6. 6. Applications for ClassT e (2) and (3) review shall include an 11"x17" or smallcra minimum eleven inch by seventeen inch reproducible copy of the site plan.- If the original site plan is larger than 11" x17, "eleven inches by seventeen inches, a minimum of ten ( -14)- additional copies and an 11 "x17" (or smaller)eleven inch by seventeen inch 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 15.11.151050, as applicable. (Ord. 93 81 §'15, 1993; Ord. 2917 §1 (part), 1986) 15.11.030 Table of Application Requirements. Table 11 -1, "Application Requirements, -" lists the general infoiniation required for each type of application and is included as a part of this section. Individual chapters of this title may contain additional infoiniation required for a particular type of application. 179 TABLE 11 -1 APPLICATION REQUIREMENTS Permit Application for R = Required with Application . o 1 Cle gm. M = May be , N M 7 o tg 5 o : Requi o o H H H A Z A ' Name, Address, Fhone Number R R R R R R R R Signature of property owner R R R R R R R R Signature of Applicant R R R R R R R R Yakima County Taxation Parcel No. &z Legal R R R R R R R R Description Description of F roposed Action R R R R R R R R Size of Subject Property R R R M M R R SEPA Checklist ( hen required) M M M M M R Application Fee R R R R R R R R General Site Plan (15.11.040) R R R Detailed Site Plan R R M R R Explanation of any adjustment sought f om the standards M M M M R R R R of this ordinance 1 raft of an L ro I osed c . venants r strictions and M R e. sements i itation of the tion being pealed R S 5.16.030) 80 15.11.040 General Site Plan Form and Contents A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. - Unless otherwise requested or authorized by the reviewing official or planning dcpartmentAdministrative Official, the paper size for ClassType (1) review shall be eight and one -half inches by eleven inches and, For Classfor Type (2) review, eleven inches by seventeen inches.- The scale of the drawing shall be a standard engineering Of architectural scale and shall reasonably utilize the paper size. B. General Site Plan Contents. The general site plan shall include the legal description of the la north arrow and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon; the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed structures and uses; the size and location of utilities, parking arcascirculation plan, proposed landscaping and sitescreening; and. the location of ingress and egress. The site plan shall also include any other information required by the :: ,- . - reviewing officialDepartment or Administrative Official to clarify the proposal, assess its impacts, or determine compliance with this title. (Ord. 2947 §1 (part), 1986) 15.11.050 Detailed Site Plan Form and Contents. A. Detailed Site Plan Form. All detailed site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or � Y � 1'N�l' � printed paper. requested by the planning departmentDepartment, the paper size shall be eleven inches by seventeen inches or larger. The scale of the drawing shall be a standard engineering or architectural scale and shall reasonably utilize the paper size. - Where necessary, the plan may be on several sheets accompanied by' an index suwi ouvwulg hie entire Site. B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable: 1. The boundaries of the site; 2. Names and dimensions of all existing streets bounding or touching the site; 3. The location, shape, size, height and types of all existing and proposed structures and the boundary lines of all proposed and existing lots, tracts, and easements; 181 4. Proposed location and dimension of "common open space "; 5. Existing and proposed utilities, streets, access easements, and dedication of property; 6. Location, dimension, and design of off - street parking facilities, showing points of ingress to and egress from the site; 7. All major physiographic features, such as railroads, drainage canals and shorelines, on or abutting the site; 8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage plans; 9. Proposed land uses and densities; 10. Pedestrian and vehicular circulation pattern; 11. Existing and proposed landscaping and sitescreening; 12. Existing sewer lines, water mains, and other underground facilities within and adjacent to the development; 13. Proposed sewer or other waste disposal facilities, water mains and other underground utilities; 14. The location of structures on the adjoining lots; 15. A comprehensive sign plan meeting the requirements of Section 15.08.170(1); 16. Analysis of soil and geological conditions; and, 17. Any other information specified by the reviewing officialAdministrative Official, such as: a. a. Proposed ownership pattern b. b. Operation and maintenance proposals (i.e. homeowner's association, condominium, co -op or other) c. c. Solid waste disposal facilities d. Lighting e. Water supply f. f. Public transportation g. g. Community facilities h. General timetable of development i. Flood proofing or other measures to protect against flooding j. j. Information on design methods to conserve energy A detailed site plan for development in the Floodplain Overlay District shall also include the following information: a. Elevation in relation to the one - hundred -year flood level of the lowest floor (including basement) of all structures; b. Elevation in relation to mean sea level to which of any structure that has been fleedflood proofed; c.— Certification by a registered professional engineer or architect that e tab1ishes f'oodestablished flood proofing standards have been met; and 182 d. Description of the extent to which any watercourse will be altered or relncaterl ac a recnit of the nrnnncerl development. IC ')c117 §1 (r ^rt) 19-8-6-) E. F. TABLE 11 1 APPLICATION REQUIREMENTS chapter;, of this ordinance may contain additional information requited for a particular type application. 15.11.060 - Preapplication Conference Prior to submitting an application, the applicant may arrange a conference with the :. - • :: :. -- - • Department to review the proposed action, to become familiar with the policies, plans and development requirements of the Yakima urban arca,Urban Growth Area and to coordinate all necessary permits and procedures. However, pre - application conferences are mandatory for all Institutional Overlay and Master Planned Development applications. Any information or opinions expressed by the planningDepartment staff shall not be binding on the reviewing officialAdministrative Official or constitute approval of the project. (Ord. 2917 §1 (part), 1986) 15.11.070 Filing an Application All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this title shall be fled with the planning .. - - - ; - -- : • . ;,Department except that applications for Class (11) uses, or modifications to approved Class (1) uses, which shall be made directly to the building official. Administrative Official. Any required site plans shall accompany the application. (Ord. 2917 §1 (part), 1986) 15.11.080 Processing Applications Upon receipt of an application or upon referral of an application by the building officialAdministrative Official, the planning dcpartmentDepartment shall proceed as follows: 1. 1. The application shall be reviewed for completeness. If additional infnrmntinn is required, the. annlir eha11 l— re.fe.rre.rl harlr to th applicant. If accepted as complete, the departmentDepa,tntent shall begin processing the application in accordance with this chapter:; 2. 2. If more than one permit, approval, or action under this title is required, the 4epnrtrfrei -t Department shall refer the application back to 183 the applicant for consideration of a master application under Section 15.11.110,— or withdrawal of the application, or a determination by the applicant of which permit shall be processed first. If no response is received within seven days, the Elepaftinentartment shall determine the order of processing and forward the application to the appropriate reviewing official.Administrative Official; 3. 3. A complete application shall be reviewed by the departmentDepartment and if State Environmental Policy Act (SEPA) review is required, referred to the designated SEPA responsible official for SEPA review under the provisions of WAC 197 -11.— No action, approval or permit shall be issued on the proposal until SEPA review is complete,; 4. 4. Upon completion of SEPA review, thentDepartment shall forward the application, related SEPA documents, if any, and a written report on the proposal, if any, to the appropriate reviewing official.Administrative Official; 5. he departmentDepartment shall have a maximum of seven days to review the completed application and refer it to the appropriate reviewing officialAdministrative Official, excluding any time spent in SEPA review; ; -; 6. 6. The department shall be responsible for assigning a date and assuring due notice of public hearing for each application requiring review by the hearing examiner. Hearing Examiner. The date and notice shall conform to the statute or ordinance governing the application.. -i 7. 7. Upon final action and decision, the reviewing officialAdministrative Official or legislative body shall transmit its findings and decision to the depaftment,Department; and 8. 8. If the decision of the reviewing officialAdministrative Official or legislative body is for approval, and if all other pexniits, approvals, or actions required under this title have been secured, the planning departmentDepartment shall issue a Certificate of Zoning Review. This certificate Certificate of Zoning Review shall be sent to the building , officialDepartment as authority for issuance of an actual development permit. The Certificate of Zoning Review is official indication of compliance with this title only and shall not relieve any person from requirements of other laws or ordinances; nor shall it authorize the building officialDepartment to issue a development permit without compliance with other duties or review required by hint Administrative Official by law. (Ord. 3019 §11,1987; Ord. 2947 §1 (part), 1986) 15.11.090 Notice Requirements A. Table 11 -2— Notice Requirements. Applications for permits, approvals, or action listed in Table 11 -2, Notice Requirements, shall be decided after compliance with the notice requirements set forth therein. Table 11 -2 may 184 require more than one type of notice for some applications. Other notice ren irementc are enntained in the nrnvicinnc of this title fieqiiha with nartirnlar types of permits, approvals, or other actions and shall also be followed. In case of conflict between other provisions in this title and Table 11 -2, the most lengthy and greater notice requirement shall apply. If no notice is required in either Table 11 -2 or the written provisions of this title, none shall be provided. B. Responsibility for Notice. The :. - _ . - - - -- - - Department shall provide all notice requiring first -class mailing or legal publication. When required, the applicant shall post the property in accordance with section 15.111.090(C). C. Posting Notice. When required, the applicant shall post the subject property with signs provided by the planning department.Department. Signs shall be posted on the subject property so as to be clearly seen from each right - of -way providing primary vehicular access to the subject property. The time of posting shall comply with the provisions of Table 11 -2. D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons shown as the owner on the official records of the Yakima County assessor's office shall be considered the property owners. 15.11.100 Fee Schedule and Administration The legislative bodies hereby adopt and maintain a current schedule of fees and charges for actions pertaining to this title. (Ord 93 81 §16, Ord. 3106 §23, ) 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. 185 TABLE 11-24--_ NOTICE REQUIREMENTS APPLICATIONS FOR ... NOTICE REQUIREMENTS -- E a o cn cn cn , ' � X N U U U Mailed After Preliminary 1 Decision for Approval by X '"4 Administration Official v g4 e Mailing /Publication/Posting at Least Twelve Days Prior X X X X to Public Hearing Q Q Q ci, To Parties of Record X X X X X 6' '� To Property Owners Within H H H P4 rz4 500 feet of the Application Z X X Z X Z X Parcel W W W U U U a O O O Vt One Legal Notice in Z X Z X Z X 2 Official Newspaper — — — a, In Compliance With cn Chapter 15.11.090(3) and X X w this Table 4-- Includes: =Class (1) Usesuses; development permits; temporary use peiinits; some home (1) occupations. (2) Includes: some Class (1) Usesuses; Class (2) Uses; permitsuses; Permits for Temporary Hardship Unitstemporary hardship units; some home occupations; some modifications to Class (1) and (2) uses. (3) Includes: some Some Class (2) U-sesuses; Class (3) uses; changechanges from ene- nonconforming use to another; eemesome modifications to Class (2) and Class (3) 186 U-se-sdevelopment, including Administrative ^ � arl,iiotm Pnt of d standards for Class (3) uses. 15.11.110 Master Applications A. Process. Any person proposing a land use project which would require more than one of the permits or approvals listed in Table 11 -1 may submit a master application to –the planning department on form(s) provided by the depaftmentDepartment. The master application shall be processed subject to the highest IeveItype of review applicable to any of the required permits or approvals, ClassType (3) review being higher than ClassType (2), and ClassType (2) review being higher than ClassType (1).— For purposes of this section, the reviewing official'sAdministrative Official's decisions shall have the following effect: -if 1. If any of the required approvals constitute a recommendation to the legislative body, the decision of the reviewing official Administrative Official as to all such peuuits or approvals shall constitute a recommendation to the legislative body 2. Otherwise, the decision of the . e - ' . Administrative Official shall be final subject to appeal pursuant to Chapter 15.16. B. Fees. When two or more zoning applications for the same project are processed as a master application, only the highest fee among the applications submitted shall be charged. (Ord. 3019 §/13,1987; Ord. 2917 §1 (part), 1986) • 187 • Chapter 15.12 PERMITS Sections: 15.12.010 Purpose 15.12.020 Required permits 15.12.030 Compliance with development permit and certificate of zoning review required 15.12.040 Official index of approvals to be maintained as public record 15.12.050 Final site plans 15.12.060 - Expiration and cancellation of development permits and certificates of zoning review 15.12.070 Certificates of occupancy required at discretion of reviewing official 15.12.080 Performance assurance 15.12.010 Purpose The purpose of this chapter is to specify the general requirements for peurrits under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 2947 §1 (part), 1986) 15.12.020 Required Permits A. Development Permit. Except as provided in subsection (C) of this section, no use, development, or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part, without the issuance of a development permit by the building official. Administrative Official. When a building permit is required, the building permit shall serve as the development permit. B. Certificate of Zoning Review.- No development peuuit may be issued without the prior issuance by the planning department-of a Certificate of Zoning Review by the Department for the proposed development or modification to development indicating that the proposal has been through the review procedures of this ordinance and conforms to its requirements. 188 Provided, that proposals for new Class (1) uses and modifications to Tp rr w erl ('l (1) rises w hi c h era revie ble miller fl (1) r ev i ew only (Chapter 15.13) do not require a separate certificate of zoning review and may be approved directly by the building official.Administrative Official. The certificate of zoning review issued by the planning departmentDepartment shall include by reference,. or otherwise,. any terms and conditions of approval for the project together with any approved final site plan. C. Exemptions. The following development and modifications to development are exempt from the review and peuliit provisions of this title. Provided, they do not involve a required site improvement: 1. -1,–Noinial structural repair and maintenance; 2. 2--Changes to confoiining structures which do not involve structural alterations as that term is defined by this title; 3. 3. Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; 4. 4— Accessory structures otherwise meeting the specific development standards and requirements of this title and which do not require a building penult under the provisions of the Uniform Building Code as adopted by the city /countyappropriate jurisdiction; meet the standards of Section 15.01.130; 5. 6. Exempt signs; 6. 7. Yard sales meeting the requirements in Section 15.04.060A; 7. 8. Alteration to land, including grading and leveling, paving stockpiling, and excavation, the fair market value of which does not exceed five hundred dollars; 8. 9. All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements. D.– Development Peaurit -- Issuance in Conjunction with Another Permit.- If the '. Administrative Official is designated and /or authorized to review and issue a permit under the provisions of any other county /city code or ordinance applicable to the development, he /she may require issuance of the development permit under this title to be issued only in conjunction with said other permit. (Ord. 3106 §21, 1988; Ord. 3019 §11,1987; Ord. 2917 §1 (part), 1986) 15.12.030 Compliance with Development Permit and Certificate of Zoning Review Re uired. 189 A. Development Permit Compliance Required. Development permits issued on the basis of plans, applications and conditions of approval imposed by the building officialAdministrative Official, and /or on the basis of a Certificate of Zoning Review, authorize only the use, arrangement, and construction set forth in the approved plans, application, and Certificate of Zoning Review together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction at varianccwhich is inconsistent with that authorized is a-in violation of this title and is punishable as provided in Chapter 15.25. B. Site Plan' Compliance Required. Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and /or occupier of any property, development, or structure,. which is the subject of a final detailed or general site plan,, shall be required to maintain the property and development in full compliance with the terms and conditions of the approved final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as provided in Chapter 15.25. C. Site Inspection by the Building Official Authorized.— The building officialBuilding Official is authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and /or constructed in conformance with the final site plan and associated terms and conditions of approval.- The building officialBuilding Official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building officialBuilding Official shall so certify on the face of the site plan on file with the county /city. (Ord. 2947 §1 (part), 1986)appropriate jurisdiction. 15.12.040 Official Index for Approvals to be Maintained as Public Record. A.- For C1assType (2) and (3) Approvals.- The planning departmcntDepartment shall maintain an official index of all approved and currently applicable certificates of zoning review and development permits requiring review and approval by the administrative officialAdministrative Official and /or hearing examiner. Hearing Examiner. The official index shall include the application, a copy of the Certificate of Zoning Review and development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and 190 shall be open for public inspection and copying in accordance with the other rrnvicinnc of law. Cnrh index s h211 b kept by b n„mhar s o the current applicable provisions of any specific approval issued under this ordinance for such property are available for public inspection and review. Such index may consist of original or certified duplicates of original documents. The :. - .. -- - - Department and building officialAdministrative Official shall immediately upon issuance of a Certificate of Zoning Review and development permit place the original or certified duplicate in the official index, noting the date and time of filing of the document in the index. The official index required by this section shall constitute authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. -The planning department, through its department hcad,Department shall be the official custodian of said index and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section shall constitute a violation of this ordinance and be punishable as provided under Chapter 15.25. B. For ClassType (1) Approvals.- The building officialAdministrative Official shall maintain an official public record of development permits issued under c-1•assType (1) review in the same manner and with the same effects as set out in section 15.12.040(A). (Ord. 2947 §1 (part), 1986) 15.12.0 S0 - Final Site Plans. I A. Final Site Plan Required. Prior to issuance of f t+f e sat of issuance a VV1 L111VULV V V1 L111VULV of zoning rcviewZoning Review, the applicant shall provide to the planning department withDepartment a final site plan. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the reviewing officialAdministrative Official. B. Final Site Plans —Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, tracing cloth or equivalent material as required by the . -. _. • . ) epartment. Unless the planning de�Department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of Sections 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing • the entire site plan. .- • ° ° ° - • . --- - 4. • .. • :. 191 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 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;Administrative Official. 3. The development permit issued on said certificate expires, terminates, or is cancelled under the provisions of this title. The :. • - :: :. -- - - 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 :. - - :: - - -- ° - 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'sassessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate. (Ord. 93 81 §48, 1993) B. Development Permit and Building Permit Expiration. A development permit shall automatically expire and be terminated when: 1. A new or modified development permit is issued for the parcel or parcels affected; or, 2. The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof, unless a longer time is specified in the approval itself; or 3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself. Provided, that prior to termination and expiration of a development permit under subdivisions 2 and 3 of this subsection, the building officialAdministrative Official shall give written notice to the applicant at his last known address, and to the owner of record as shown on the Yakima County assessor'sassessor's parcel index file, written notice that the development permit is about to expire. Such notice shall be made by mail at least forty -five days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiration. Should the development permit expire, the building officialAdministrative Official shall take administrative action to reflect 192 • cancellation of the permit in the official records of the building official : D e partm e nt The Department shall send a written permit expiration notice by mail of the fact of expiration to the permit applicant and the owner of record as shown in the Yakima County assesser'assessor's parcel index, together with a notice that further work or action shall not proceed. C. Extension of any Approved Development Permit and /or Certificate of Zoning Review A valid Certificate of Zoning Review and /or a valid development permit may be extended one time only for up to one additional year by action of the administrative official.Administrative Official. Requests for extensions shall be in writing to the :. . .. -- - - Department and shall be accompanied by the previously approved final general or detailed site plan showing the location and size of any development or work already completed on the project. The administrative officialAdministrative Official shall review the application without public notice or hearing and issue his—the decision within ten working days from the receipt of the completed application.—The administrative official may The Administrative Official may: (a) approveApprove the extension;; — ,.(b) appreveApprove the extension with conditions to assure the work will be timely completed;,. or -1(c) Disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The administrative officialAdministrative Official shall mail his decision to the applicant and shall specify his decision as final unless appealed under the provisions of (chapter 15.16. —(Orc 3O 9 '16, /17, 1987; (rd. 29 '17 §1 (part), 1986) 15.12.070 Certificates of Occupancy Required at Discretion of 1'_! vi t�.dmini to ;.tiv Off rinl A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Yakima Urban Area Comprehensive Plan, and the public welfare and interest. • B. Certificate of Occupancy May be Required. There is a condition of a nnar;al for the r f any development r i ('a -r+i fi t r.4' l/ill V Y LLl 1V1 L11 d issuance V1 K11,' UV V ./1%Jy111�#11L permit \i Vl L111VLLLV V1 Zoning Review, or any other permit or appro un thi titl he reviewing official (including the building official, the Administrative Official and planning dcpartmentDepartment when engaged in administrative modification review under Chapter 15 17),_ may require nr 193 specify that the approved use or occupancy of the structure or land may not occur without the issuance of a - - : ! ... • certificate of occupancy issued by the ceding official. This certificate will eeptifyAdministrative Official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the reviewing official,Administrative Official any use or occupancy of the property or structures, in whole or in part, without the issuance of a Certificate of Occupancy, is a violation of this ordinance and is punishable under the provisions of Chapter 15.25. C. Procedures. The building official The Administrative Official may perform interim and final inspection of the development at his own initiative, but shall do so within five days of any request made by the permit holder. The building official The Administrative Official is authorized to conduct interim and final inspections of the development and may coordinate such inspections with the inspections required by other applicable codes and regulations. D. Temporary Occupancy Prior to Completion. - .. _ . • . The Administrative Official may authorize temporary occupancy of development prior to the issuance of a required Certificate of Occupancy when, upon request, he finds that all the following conditions are met: 1. The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder; 2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time; 3. Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this ordinance and the Yakima Urban Area Comprehensive Plan; 4. Security for the completion of required improvements and tenns and conditions of approval has been made in accordance with Section 15.12.080 for any public improvements associated with the development; 5. The development complies with minimum life and safety codes and the building officialAdministrative Official has declared the development safe for use. (Ord. 2947 §1 (part), 1986) 15.12.080 — Performance Assurance A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improvements imposed after review of development under this 194 title are actually and properly complied with and implemented in a timely fashion. B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of any development permit or Certificate of Zoning Review, or any other permit or approval issued under this title, the - • _ . • . Administrative Official may require security for the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement. The estimate of the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement will be reviewed and /or calculated by the City /County Engineer or a designee. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit. C. Forms and Security. The applicant may provide security in the form of one or more of the following: 1, A cash security deposits county /city; or 2. A bond; or 3. A deed of trust mortgage on the subject or other property. Provided, however, that the quality, sufficiency, amount, and exact form of the security, are subject to the approval and satisfaction o f th administrative official.City /County Engineer and Administrative Official. Whenever any security is provided by an applicant it shall state directly or by reference all of the following provisions: 1. The improvements or perfoiiiiance secured; 2. A date or dates of required compliance; 3. The amount of the security; 4. That the security is in favor of the Yakima County /City of Yakima/ Yakima County; 5. That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided. D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section, a written agreement shall be made and signed by the administrative officialAdministrative Official on behalf of the city /count.City /County. Security deposits shall be made directly to the 195 administrative officialAdministrative Official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and type of account, and any interest earned thereon shall accrue and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit. If the improvements or performances secured by the deposit are not timely completed, the administrative officialAdministrative Official shall notify the applicant in writing, stating: (1) the-The nature of the noncompliance and the action necessary to correct the same; (2) the-The amount of time in which the applicant has to take corrective action; and (3) that-That if corrective action is not completed within the time specified, - - • hat the City /County will apply the funds in the security deposit in order to effect compliance. If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official, the city /countyAdministrative Official, the City /County shall, through its representatives, take whatever action the city /countythat the City /County deems necessary and /or convenient to . In addition, the city shall perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant. E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative officialAdministrative Official. F. Deeds of Trust. Security provided in the forms of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or perfoiuiance secured by the deed of trust are not completed, the administrative officialAdministrative Official shall notify the applicant in writing, stating: (1) theThe nature of the noncompliance and the action necessary to correct the same; (2) the The amount of time in which the applicant has to take corrective action; and 196 • (3) that-That if corrective action is not completed within the time specified the city /county that the City /County will take corrective action itself and /or foreclose the deed of trust. On failure of the applicant or permit holder to complete corrective action within the time specified, the city /countyCity /County may, at its option and through its designated representatives, either: (1) t-akeTake action necessary or convenient to perform or complete the events secured by the deed of trust, and thereafter institute foreclosure of the deed of trust in any manner allowed by law; or (2) institutelnstitute foreclosure action on the face amount of the deed of trust in any manner allowed by law. G. Partial Releases. An applicant may request a partial release of any security provided under this section based on partial completion or compliance with the events secured. If the administrative officialAdministrative Official determines that partial release is warranted, he may cause a partial release of security in an amount deemed by him to be appropriate. H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and /or permit holder is responsible for all costs incurred by the cGuntyrcityCounty /City in causing completion of the events secured by any security provided for under this section. If, after fully applying the security, a deficiency remains, the applicant and /or peimit holder shall be jointly and severally liable for such deficiency and for reasonable atte'-sattorney's fees necessary to collect the same. I. Administration. The administrative official The Administrative Official is authorized to sign documents and otherwise administer securities under the provision of this section. (Ord. 3019 §48, 1987; Ord. 2947 §1 (part), 1986) • 197 Chapter 15.13 CLASSTYPE (1) REVIEW Sections: 15.13.010 Purpose. 15.13.020 When required 15.13.030 Development permit application ClassType (1 ) reviewReview 15.13.040 Review procedures 15.13.050 Approval 15.13.060 Denial 15.13.070 Appeals 15.13.010 Purpose This chapter establishes procedures for issuance of a development permit for uses requiring elassType (1) review. (Ord. 2947 §1 (part), 1986) 15.13.020 When Required Class (1) uses not requiring ClassType (2) or (3) review are permitted; provided that district standards are met. The building officialAdministrative Official shall use the procedures in Chapter 15.13 to review Class (1) uses and associated site improvements for compliance with the provisions and standards of the zoning district in which they are located. Class (1) uses require ClassType (2) review when: I.-All or part of the development, except for agricultural buildings, single- family dwellings, and duplexes, is are in the floodplain /or greenway overlay districts; or 2.- All or part of the planned residentiala development, mobile home park, or multifamily dwelling, is in the Airport Overlay District(AO); or 3. All or Hart of a development that is in an Institutional (10) or Master Planned Development Overlay (PD) and is identified in a development agreement as requiring Class (2) approval; or, 4. The proposed use includes hazardous material; or 198 4-5. The applicant requests adjustment of one or more of the specific devel opment nt s t nd rrl 1111r< -m.,,t t Centi.,,-, 1 C 1 n 02n (r,..l 301 n UV Y Vi.Jpiik V11L J1411\l U1 1 JU1JUUIII to Section 1J.1 V.VLV. ` V1U. ✓V 1/ t", • • f . . .. •• a. • :: • or 6. All or part of the development requires a development plan and /or master plan. 15.13.030 - Development Permit Application ClassType (1) Review Applications for peuuits for Class (1) uses permitted outright in the district shall be made in writing to the building officialAdministrative Official on foinis supplied by him-.-the Department. A general site plan conforming to the provisions of Section 15.11.040 shall accompany the application. The building effrcialAdministrative Official may request any other information necessary to clarify the application or determine compliance with, and provide for, the enforcement of this title. (Ord. 2917 §1 (part), 1986) 15.13.040 - Review Procedures The building officialAdministrative Official shall review all Class (1) uses for compliance with this title.- The building officialAdministrative Official shall forward all Class (1) uses requiring ClassType (2) review under Section 15.13.020 to the planning departmentDepartment for processing under Chapter 15.14.- The building officialAdministrative Official shall notify the applicant of the approval or denial of the application, request additional information, or forward the application to the planning departmentDepartment for review. (Ord. 2917 §1 (part), 1986) 15.13.050 - Approval. The building officialAdministrative Official shall issue a development permit when he deterniinesit has been determined that: the (a) The proposed use is a Class (1) permitted use under Chapter 15.04; (b) That the proposed development complies with the standards and provisions of this title; (c) That the proposed development complies with other uniform building codes in effect and administered by the building official; Administrative Official; the(d) that proposed development complies with traffic engineering standards and policies established by Yakima County and the city of Yakimathe appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and (e) That any new improvements or expansi -e expansions of a structure comply with the standards of this title. (Ord. 3019 §50, 1987; Ord. 2917 §1 (part), 198 199 15.13.060 - Denial. When an application is denied, the building officialAdministrative Official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial is based.—T4ie building official The Administrative Official may also refer the applicant to the .. - . .. -- - - Department to determine if relief from such denial is available through other application. (Ord. 2917 §1 (part), 198 15.13.070 Appeals. Any decision by the building officialAdministrative Official to deny issuance of a building permit for a Class (1) use may be appealed to the hearing examincrHearing Examiner under the provisions of Chapter 15.16. (Ord. 2917 §1 (part), 1986) 200 Chapter 15.14 CLATYPE (2) REVIEW Sections: 15.14.010 Purpose, 15.14.020 When Required 15.14.030 Application for ClassType (2) Review 15.14.040 Review Procedures 15.14.050 Notification of Final Decision 15.14.060 Issuance of a Certificate of Zoning Review 15.14.070 Appeals 15.14.010 - Purpose This section establishes procedures for issuance of a Certificate of Zoning Review for uses requiring ClassType (2) review. 15.14.020 - When Required ClassType (2) review is required for any proposed use shown on Table 4 -1 as a Class (2) use; for Class (1) uses requiring ClassType (2) review in Section 15.13.020; and for other specific reviews established by this title. (Ord. 2947 §1 (part), 1986) . . ! ! • ... •. : In certain circumstances, the Administrative Official may require that a Class (2) Review • :: ' - • - . _ se undergo a Type (3) review, when one of the following occurs: 1. In the opinion of the Administrative Official, formal public review and comment on a proposal will assist in determining necessary and proper mitigation of impacts; 2. SEPA Environmental review of the proposal indicates potentially significant environmental impacts that could prompt a higher type of review; or 3. The application has more than three associated land use decisions to be considered; 4. The proposed land use request has a development or master plan required by the size of the proposal or the Administrative Official has determined one is necessary. 201 • 15.14.030 - Application for Type (2) Review Applications for Certificates of Zoning Review for Class (2) uses shall be made in writing to the planning department on foiins supplied by the dep� Department. A general site plan conforming to the provisions of Section 15.11.040 shall accompany the application for ClassType (2) review. The planning departmentDepartment shall forward the application and site plan to the administrative officialAdministrative Official for review. The administrative official The Administrative Official may request any additional infoiiilation under the mn� provision of Section 15 .11.020 1 2) 4 a „,4'7 _1 17.,4 1986). 15.14.040 - Review Procedures Upon receipt of a completed application for a Class (2) use, the administrative officialAdministrative Official shall proceed as follows: 1. Preliminary Decision. Within seven days of receipt of the completed application, the administrative officialAdministrative Official shall review the proposal and tentatively deteiinine whether the proposed development should be approved, approved with conditions, or denied. The administrative officialAdministrative Official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title. if additional information is required by the administrative officialAdministrative Official, the preliminary decision on the application shall be made within seven days of receipt of the additional infoiiiiation. 2. Notification of Adjacent Property Owners. -When the administrative official'sAdministrative Official's preliminary decision is to approve the application or approve wi conditions, tt tihe Administrative Official shall, within five days, forward a notice of the proposal together with his preliminary decision and a copy of the preliminary site plan to all landowners within threefive hundred (500) feet of the exterior boundaries of the development site. Such notice shall: a. Indicate that the attached site plan is preliminary and subject to change by the administratorAdministrative Official as a condition of approval; and b.-Solicit written comment on the proposal and specify a time period not less than twelvefourteen (14) days from the date of mailing, during which written comment may be received and • considered by lAdministrative Official; and_, • 202 c. Indicate any standard proposed to be adjusted in accordance with Chapter 15.10; and d. State that copies of the administrative official "JAdministrative Official's final decision shall be mailed by the administrative officialAdministrative Official to all parties of record to any proceeding action; and,. e. The final decision of the administrative officialAdministrative Official is appealable to the - - . --• - . - . - • - Hearing Examiner for public hearing and review and such appeal shall be filed within fourteen days from the date of the administrative officialsAdministrative Official's final decision. The administrative officialAdministrative Official may also, but is not required to, solicit comments from any other person or public agency hethe Administrative Official feels may be affected by the proposal. 3. Administrator' JAdministrator's Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative officialAdministrative Official shall take one or more of the following actions: a. Approve the site plan and issue a Certificate of Zoning Review; b. Establish conditions for approval, or require other changes in the proposed site plan; c. Authorize adjustment in the basic design standards in accordance with the provisions of Chapter 15.10; d. Request additional or more detailed information, including but not limited to a written pr-egfamdevelopment plan or master plan or other similar documents for development; e. Refer the site plan to the hearing cxaminerHearing Examiner for review, public hearing and decision; or f. Disapprove the site plan. A request by the • • -- • • - • . Administrative Official for additional or more detailed information shall be made within seven days from the end of the comment period. 4. Conditional Approval. -The administrative officialAdministrative Official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title. 203 5 . Findings and Conclusions. The administrative officialAdministrative Offici sh p r epa re w ritten findings and conclusions st th v iuviui shall prepare written findings attu ivut�tu.�tvltJ stating �ttv. specific reasons, and citing the specific chapters and sections of this title upon which lithe Administrative Official's decision to approve, approve with conditions, or deny the issuance of a Certificate of Zoning Review is based. The findings shall demonstrate that the administrative official'sAdministrative Official's decision complies with the objectivespolicies of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district, and the provisions and standards established herein. e , . • • ': • e • • � 0:; - 9 9 15.14.050 - Notification of Final Decision. The administrative official'sAdministrative Official's final decision shall be issued within seven days from the end of the comment period, or, if additional information was requested, within seven days from the date the Administrative Official received the information was received by the reviewing official. The administrative officialAdministrative Official shall mail hisany other findings and decision to the applicant and to other parties receiving initial notice not later than three working days following the issuance of the final decision.- The administrative officialAdministrative Official shall also specify that his -the decision is final unless appealed to the hearing xaminer. (Ord. 3019 §52,1 987; Ord. 2947 §1 (part), 1986)Hearing Examiner. 15.14.060 Issuance of a Certificate of Zoning Review No use requiring ClassType (2) review by the administrative officialAdministrative Official shall be entitled to a development permit until and unless the administrative officialAdministrative Official approves a final site plan and authorizes issuance of a Certificate of Zoning Review. The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. 15.14.070 Appeals. Decisions by the administrative officialAdministrative Official under C1assType (2) review may be appealed to the hearing examincrHearing Examiner in accordance with Chapter 1 5.16. (Ord. 2947 §1 (part), 1986) 204 Chapter 15.15 CLASS (3) REVIEW Sections: 15.15.010 Purpose 15.15.020 When required 15.15.030 Application for elassType (3) review 15.15.040 Review procedures 15.15.050 Notice of examiner's decision 15.15.060 Issuance of a Certificate of Zoning Review 15.15.070 Appeals 15.15.010 Purpose This chapter establishes procedures for issuance of a certificate of zoning review for uses requiring elassType (3) review. (Ord. 2917 § 1(part), 1986) 15.15 020 When Required ClassType (3) review is required for any proposed use shown on Table 4 -1 as a Class (3) use or for Class (2) uses referred by the administrative officialAdministrative Official for ClassType (3) review, and for other specific reviews established by this title. (Ord 2917 §1 (part), 1986) 15.15.030 Application for Class (3) Review Applications for Certificates of Zoning Review for Class (3) uses shall be made in writing to the planning department on forms supplied by the department. A detailed site plan conforming to the provisions of Section 15.11.050 shall accompany the application for class (3) review. The planning department shall forward the application and site plan to the hearing examiner for review. The planning department or hearing examiner may request any additional information necessary to clarify the application. or determine compliance with this title. (Ord 2917 §1 (part), 1986) 15.15.040 Review Procedures for ClassType (3) The following procedures will be followed for the review of Class (3) uses: 1. Report of Planning Department. The planning department shall distribute copies of the site plan to other affected departments, agencies, and jurisdictions for review and comment, and shall coordinate and 205 assemble the comments received. These comments shall be included in Mort prepared b the department nt +l. n� and 'u r °v p y vl "v by the uvpuiuuieit summarizing u ta. prvpvjat situ stating the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing, copies of the planning department's report shall be filed with the examiner, mailed to the applicant, and made available for public inspection. 2. Public 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. (Ord. 93 81 §19, 1993) The applicant shall appear in person or by agent or attorney. Failure to do so may constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person or by agent or attorney, or may submit written documents. 3. Examiner's Decision. Within ten days of the conclusion of a hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The healing examinerHearing Examiner may approve, deny, or conditionally approve the proposal. 4. Conditional Approval. The hearing examinerHearing Examiner may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title. 5. Findings and Conclusions. The hearing examincrHearing Examiner shall prepare written findings and conclusions stating the specific reasons and citing the special chapters and sections of this title upon which his/her decision to approve with conditions, or deny the issuance nf a eertific' to nf 7nninw review, is l:cieerl The findingQ eh ^11 demonstrate that the hearing cxaminer'JHearing Examiner's decision complies with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2917 §1 (part), 1986) 15.15.050 - Notice of Examiner's Decision Copies of the examiner's decision shall be sent by certified mail to the applicant. Copies of a "Summary of Decision" will be sent by regular mail to other parties of record in the case not later than three (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 206 original thereof shall be transmitted to the legislative body. (Ord. 93 81 §50, 1993; Ord. 2947 §1 (part), 1986) 15.15.060 Issuance of a Certificate of Zoning Review No use requiring review by the hearing examinerHearing Examiner shall be entitled to a development permit until and unless the - - . - : - . •• ' - - Hearing Examiner approves a final site plan and authorizes issuance of a Certificate of Zoning Review. The Certificate of Zoning Review is not a building or development permit, and does not by itself authorize the construction or occupancy of any use or structure. (Ord 2917 §1 (part) 1986) 15.15.070 Appeals. Decisions by the hgHearing examiner under classType (3) review may be appealed to the legislative body in accordance with Chapter 15.16. (Ord. 2917 §1 (part). 1986) 207 Chapter 15.16 APPEALS Sections: 15.16.010 Purpose 15.16.020 Appeals —Where filed 15.16.030 Appeal of decisions by the building official and administrativcAdministrative official 15.16.040 Appeal of decisions by the hearing examiner 15.16.050 Legislative body action on appeals 15.16.060 Appeal of decisions by the legislative body 15.16.070 Effect of appeals 15.16.080 Actions not appealable 15.16.010 .Purpose. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this title. (Ord. 2947 §1 (part), 1986) 15.16.020 Appeals Where filed. All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the Planning Department. The department shall forward the appeal to the appropriate reviewing officialAdministrative Official or designee, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 2947 §1 (part), 1986) 15.16.030 Appeal of Decisions by the Administrative Official A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person A. or agency directly affected by any decision of the building official or administrative officialAdministrative Official or designee may appeal that decision to the h ring examinerHearing Examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final notice by the building official or administrative official.Administrative Official or designee. Appeals shall be filed with the planning department. If a final decision does not require mailing, the 208 • appeal shall be filed within fourteen days following the issuance of the final decision. C. Appeals Shall Be In Writing. All appeals shall be in writing on forms provided by the Planning Department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a department of the city or county.City or County. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with • the provisions of the Yakima Urban Area Comprehensive Plan, this title, or other provisions of law. D. Notice. The Planning Department shall set a reasonable time and place for hearing of the appeal and shall notify the adverse parties of record and the official whose decision is being appealed at least ten days prior to the hearing. Provided, that for the review of a decision of the administrative officialAdministrative Official made under ClassType (2) review, the notice prescribed for ClassType (2) review under this title shall be given. — Transfer of Record. The officer from whom the appeal is being taken shall forthwith E. transmit to the hearing examiner all the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. H. Action by the Hearing Examiner. Testimony given during the appeal shall be limited F. to those points cited in the appeal application except for appeals of decisions of the administrative official Administrative Official made under ClassType (2) review, in which case the appeal shall be de novo. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the applicant and the examiner. The hg x,,mine rHearing Examiner may affirm or reverse, wholly or in part nr modify the order, requirement, decision, or deteiuiination, and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the - ° . ' - . - ' Hearing Examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. G. Decisions by the Hearing Examiner Shall be Final Unless Appealed. i ceep1 as otherwise provided, all appeal decisions by the hearing examiner Hearing Examiner shall be final and conclusive on all parties unless appealed to the legislative body under Section 15.16.040. (Ord.3019 §53, 51, 1987; Ord.2947 §1 (part), 1986) 209 15.16.040 Appeal of Decisions by the Hearing Examiner. A. Appeals. The final decision of the hearing examiner on those applications listed in Section 15.20.050 C(1), and on appeals made under Section 15.16.030, shall be final and conclusive unless it is appealed to the legislative body by a person aggrieved, or by any agency of the city /county affected by the decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s) that the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not so identified need not be considered by the legislative body. B. Appeal Procedures. 1. The planning department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed. The notice shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the planning department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request in writing and the department may, at its discretion and for cause, grant without prior notice to other parties of record, a fifteen -day extension of time within which written argument or memoranda must be submitted. Provided, that the request for extension is made no later than the last date the memoranda would otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances that warrant such extensions. 210 • Notice of an extension shall be given to all parties of record. Me'm w nrmimPnt nr comments shall not innl„rl the presentation of any new evidence and shall be based only on the facts presented to the examiner. 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been received. (Ord. 3019 §55 Ord. 2947 §1 (part);--9$ 15.16.050 Legislative Body Action on Appeals. A. General. When the record and the examiner's decision have been transmitted to legislative body, the clerk of the legislative body shall schedule a date for a public meeting by the legislative body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later than twenty days following the date the legislative body receives the information from the planning- department. B. Public Notice Meeting on Appeals. The clerk of the legislative body shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the legislative body. C. Site Views. The legislative body may view the site. D. Scope of Review. Legislative body review of the facts shall be limited to evidence presented to the examiner. The legislative body may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided. E. Action on Appeal. At the public meeting the legislative body may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner, or remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the legislative body renders a decision different from the decision of the examiner, . the legislative body shall adopt amended findings and conclusions accordingly (Ord. 2947 §1 (part), 1986) 211 15.16.060 Appeal of Decisions Made by the Legislative Body. The action of the legislative body on an appeal of the decision of the examiner shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. The appellant shall provide or pay for, in advance, the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the Superior Court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the Superior Court. (Ord. 2917 §1 (part), 1986) 15.16.070 Effect of Appeals. Filing of an appeal stays all actions of the building officialAdministrative Official or designee on pending applications for development peuuits associated with the action or decision being appealed. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits or approvals. (Ord. 3019 §56,1987; Ord. 2917 §1 (part), 1986) 15.16.080 Actions not appealable. A. Generally. Only final actions or decisions of a rcviewingan Administrative Official or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by a rcviewi igAdministrative or other officer under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 15.25 of this title. No decision or action for issuance of a warning citation or criminal citation by the reviewing officialAdministrative Official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 2947 §1 (part), 1986) 212 Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT Sections: 15.17.010— Purpose, 15.17.020— Modification to permitted development and uses regulated_ 15.17.030— Exemptions, 15.17.040 Modification of approved and existing Class (1) uses development and approved and existing manufactured/ mobile homes 15.17.050 Modification of approved and existing Class (2) and (3) uses and development. 15.17.050 Appeals. 15.17.060 Appeals. 15.17.070 Fee credits for denied modifications. 15.17.010 - Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2) or (3) uses, and certain other modifications that may be administratively approved under the provisions of this chapter. (Ord. 3019 §57, 1987; Ord. 2947 §1 (part), 1986)._ 15.17.020 - Modification to Permitted Development and Uses Regulated. All modifications to existing or approved Class ( -1), (2) or (3) uses or development are subject to and shall be reviewed under the provisions of this chapter, provided that an applicant may apply directly for Class (2) or (3) review. Any required time extensions for completion of required improv ments or conditions shall be made and considered • development permits. Changes in nonconforming uses and expansions of nonconforming structures are subject to the provisions of Chapter 15 .19. Except that substandard setbacks may be altered or expanded under the as a Class (1) use rather than under these modification provisions of Section 15.17.050 when: the alteration or expansion: . Minor changes to existing or approved Class (2) or (3) uses or development may qualify for abbreviated review under the provisions in this Chapter, if they meet the criteria listed below, or may apply directly for review as a Class (2) or (3) use or development. Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (2) or (3) use or development. (1) do- - - -- . -: __ . - - - .. (2) complies w i t h development standards of the district-in whi - • • . . - : ; 213 • (3) the nonconforming-stnieture is occupied by a Class (1) or Class (2) use or a single -1- pl : .. -ra the proposed expansion is fifty percent or less of the existing building area. be changed or modified under-this- chapter. (Ord. 3019 §58, 1987; Ord. 2947 §1 (part), 1986) 15.17.030 Exemptions The. . _ - .. . . . .. .. _ . ._ - -••-• . 1. Normal structural repair and maintenance; alteration as defined by this title, including the rehabilitation of dwelling unit(s) when such rehabilitation does not expand the number the fair market value of which is less than five hundred dollars; /1. The placement of a sign in conformance with the sign standards in Chapter 15.08; 5. Other items exempt under Section 15.12.020 (C). (Ord. 3019 §57, 1987; Ord. 2917 §1 (part), 1986) 15.17.040 Modification A. Review of proposed modifications to approved Class (1) uses and to existing Mass ( 1 ) uses, and which do not require Class (2) or (3) review, shall be conducted by the building official under the provisions of Chapter 15.13 The provisions of Chapter 15.13 shall also be used to review the replacement of: • . :- -- .. -- Y - {Al 1V L YY A77�T17 - fir 2. A nonconforming mobile home on an individual lot with a mamufactnrcd home; 2. A manufactured home with another manufactured home that is newer 214 B. The modification provisions of Section 15.17.050 shall be usedew the replacement of: 1. A nonconforming mobile home on an individual lot with another 2. A manufactured home with another manufactured home that-is-older-of smaller. (Ord. 3106 §25, 1988; Ord. 3019 §60, 1987; Ord. 2947 §1 (part), 1986) . • .. . - • •• . • . • and -Development A. Application. Requests for modification to existing uses or development requiring Class (2) or (3) review, and developments approved after Class (2) supplied by the department and in accordance with the general procedures of .. . . • ite plan conforming to the provisions of Section 15.11.010 use-or-development, the site plan shall be the site plan pre • : • • .. - of modification proposed by the applicant. (Ord. 95 13 §8, 1995) B. Determination. Modifications to existing uses or development requiring Class (2) or (3) review or uses and developments approved after Class (2) and (3) review may be admi . • • • . . - - . • • ... - - - -- - • • - 1. Any proposed change in the site design or arrangement: a. Willwill not increase residential density; and a. Willb) The Modification 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,. This limit shall be calculated cumulatively for all previous Modifications since the last normal review. c -) Any expansion of use area or structure will not exceed 20 %. This limit shall be calculated cumulatively for all previous Modifications since the last normal review. d) The Modification will not increase the height of any structure. e) Any demolition of structures will not exceed 20% of the current area. This limit shall be calculated cumulatively for all previous Modifications since the last normal review f) The Modification will not add a Drive -Thru Facility. g) The Modification does not include Hazardous Materials 215 Chimes in nnncnnfnrminc iicec and exnancinnc of nnnrnnfnrmina etrii tnrec are subject to the provisions of Chapter 15.19. 15.17.030 Exemptions. For exemptions from the review processes of this Title, see 15.01.040(E). 15.17.040 Review of Modifications (a) Submittals – Applications for Modif shall f th su b m itt a l requirements for Type (1) review. In addition for an approved Class (2) or (3) use or development, the applicant shall submit both the site plan previously approved by the reviewing official, and a new site plan showing the location, size, and type of modification proposed by the applicant. (b) Review - Applications for Modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: (1) Any proposed change in the site design or arrangement: 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:1_ Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening. . - .. .. : nonconforming use, except as provided for in Section 15.17.020, or render a conforming structure nonconforming; and g-L 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 e%i.7 a. _ld b. The off street parking and sitescreening requirements for the new use are equal to or less than the existing use; 3. (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, except as approved under the adjustment or variance provisions of this title. Any-(c) Decision and Notification of Decision - The planning department shall issue a written decision on the Modification application 216 using the Type (1) decision process. In addition, any proposed modification that does not meet all the requirements of this subsection shall be denied and be subject to the review procedures of Chapter 15.14 for modification of Class (1) and (2) uses and Chapter 15.15 for modifications of Class (3) uses. Ord 93 81 §51, 1993) ! - , . . 9-• • -_ ... _ . -•_- - . and issue a written decision with simple findings and reasons for such decision within ten days following the receipt of the completed application for modification of development--. The department shall mail its decision to the applicant. Uses or developments denied under this Chapter may submit applications for review under the noimal review provisions for the use. Denials shall be final unless the applicant, within fourteen (14) days of the Decisions to administratively approve modifications shall constitute a through 15.08 as would be allowed to the building official. However, the apartment has no authority to impose special conditions of approval or to adjust site design or development standards. Ord. 3019 §61, 62, 1987; Ord. 29'17 §1 (part), 1986) 15.17.060 -050 Appeals. Decisions by the planning department regarding approval or denial of administrative modifications may be appealed to the hearing examiner under the provisions of Chapter 15 .16. (Ord. 29'17 §1 (part), 1986) In the event of denial of an application for administrative modification and if application for Class (2) or (3) review is made by the applicant within fourteen days of said denial, he shall receive a credit towards the required fee for suchas prescribed by the applicable review in the amour -ef-the fee submitted with the application for administrative modification. This provision shall not apply in the event that any 217 Chapter 15.18 EXISTING USES AND DEVELOPMENT Sections: 15.18.010 Purpose and intent 15.18.020 Continuation of existing Class (1), (2) and (3) uses 15.18.030 Continuation of planned developments — Limitations 15.18.040 Continuation of construction started 15.18.050 Modifications to an existing Class (1), (2) or (3) use 15.18.010 Purpose and Intent. • Within the zoning districts established by this title, or zoning district amendments that may later be adopted, there may exist uses that were legally established prior to the effective date of this title. These may be classified under Chapter 15.040 of this title as a Class (1), (2) or (3) use uses in a particular zoning district. This chapter provides for the continuation of these existing uses even though they have not been through ClassType (1), (2) or (3) review process and may not conforru to the development standards of this title. (Ord. 2947 §1 (part), 1986) 15.18.020 Continuation of Existing Class (1), (2) and (3) Uses. A. Generally. Existing uses shall be permitted to continue provided they remain otherwise lawful. B. Continuation When an Existing Class (1), (2) or (3) Use is Damaged. Any existing use, including an existing Class (2) or (3) use that is damaged or destroyed, may be replaced as it was immediately prior to the damage after review by the building official.appropriate Administrative Official or designee. Provided, that if the existing use is in a nonconforming structure, reconstruction of the structure shall occur in accordance with the provisions of Section 15.19.060(C) and 15.19.060(D). (Ord. 2947 §1 (part), 1986) 15.18.030 Continuation of Planned Developments — Limitations. At the time of the effective date of this title there will exist certain uses which have previously been approved and /or constructed, in whole or in part, as planned developments under the provisions of preexisting ordinances. This 218 section shall cover the continuation and future use, occupancy, maintenance, modif moification and reg a of these developments, fthse special e and supersedes the ication, .,.... .. ..� b .... .. ....,.. .. . .... y vvau. �. v r v. v w, uaiu .pup erot.uvo the terms and provisions of any previous ordinance authorizing or approving said developments. 1. General Policy and Intent. Previously processed and approved planned developments shall be allowed to continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and planned development program. Any modifications or changes to such planned development shall, however, render the entire development subject to the provisions of this title. 2. Designation of Planned Developments for the Purpose of Future Modifications. For purposes of future modifications, previously approved planned developments which would constitute and can be Classified as a Class (1), (2) or (3) use under the provisions of this title shall, in conjunction with the teiins and conditions of their approval, be considered and are hereby declared to be approved Class (1), (2) and (3) uses. Previously approved planned developments which by use would not be Classificdclassified as a Class (1), (2) or (3) use shall be considered and are hereby declared to be nonconforming uses. 3. Compliance with Terms and Conditions of Approval Required. The terms, conditions, and provisions of the site plan, planned development program and enacting ordinance of any previously approved planned development, are declared to be and shall remain in full force and effect as the binding site plan and conditions of approval for said development. Noncompliance therewith is a violation of the provisions of this title and subject to the penalties and enforcement provisions hereinof Chapter 15.25. 4. Completion of Planned Develo.ments Required Within Two Years. All previously approved planned . developments which have not been fully constructed and completed in accordance with the terms and conditions of approval under the provisions of its enacting ordinance, site plan, and program, shall be fully completed and constructed in accordance with those terms, conditions, and provisions within two years of the effective date of this title. Failure to so complete any previously approved plan development shall constitute a forfeiture of all rights, privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one year by the administrative official for good cause not within the control of the applicant, developer, or owner of said planned development. Upon any forfeiture under the provisions of this subsection, all further development, including the use or occupancy of any land or structure, or the completion of any structure, is subject to full compliance with the terms and provisions of this title. 219 5. Voluntary Dissolution of Planned Development. By mutual agreement of the administrative official and property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a previously approved planned development. Such requests for forfeiture shall be submitted in writing to the administrative official. Upon written approval by the administrative officialAdministrative Official, said planned development shall be dissolved and declared null and void. (Ord. 2917 §1 (part), 1986) 15.18.040 Continuation of Construction Started. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure for which there exists on the effective date of this title a valid and legally issued permit, provided that actual construction commences during the effective period of such permit or one year from effective date of this title. Authority to proceed under this Section is conditioned on all work being done lawfully and carried on diligently until completion; failure to do so shall constitute a forfeiture of such rights. (Ord. 2917 §1 (part), 1986) 15.18.050 Modifications to an Existing Class (1) (2) or (3) Use. Modifications to an existing Class (1), (2)1, or (3) mouses shall be made in accordance with Chapter 15.17. (Ord. 2947 §1 (part), 1986) 220 Chapter 15.19 NONCONFORMING USES AND STRUCTURES Sections: 15.19.010 Purpose and intent 1 15.19.020 Illegal uses, structures and lots not permitted 15.19.030 Establishment 15.19.040 Development on existing lots of record 15.19.050 Continuation of nonconforming uses 15.19.060 Nonconforming structures 15.19.070 Change from a nonconforming use to a Class ( 1 ), (2) or (3) use 15.19.080 Change from a nonconforming use to another nonconforming use — Expansion of a nonconfonuring use or structure 15.19.090 Modifications of an approved site plan for a nonconforming use or structure 15.19.100 Discontinuance of a nonconforming use or structure 15.19.110 Sale of a nonconfoiuring use or structure 15.19.120 Critical Area Non - Conforming Uses and Facilities 15.19.010 Purpose and Intent Within the districts established by this title, or amendments that may later be adopted, there may exist lots, structures, and uses which were lawful before this title was adopted or amended, but because of the application of this title, no longer conform to the provisions and standards of the district in which they are located. This chapter provides for the regulation of these legal nonconforming lots, structures, and uses, and specifies those circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and expand. In the case of nonconformities with Ch. 15.27 Critical Areas specific review provisions are provided under 15.19.120 that shall be used in lieu of other provisions in this chapter. Except as otherwise provided, it is the intent of this title to permit legal nonconforming uses or structures to continue to exist without specific limitations as to time. Modifications or changes to or involving such nonconformities are subject to the provision and policies of this title. (Ord. 98 57 §1, 1998) under chapter 15.17 and 15.18. 221 15.19.020 Illegal Uses, Structures and Lots Not Permitted Structures, lots, required site improvements, uses and /or developments which were not legally established or existing as of the effective date of this title retain their illegal status and must be abated or fully confolin and comply with the procedural and substantive provisions of this title. 15.19.030 Establishment The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the county /city. Upon request, the administrative officialAdministrative Official shall assist the property owner in locating public records that pertain to the legal status of the nonconformity. 15.19.040 Development on Existing Lots of Record In any district, any permitted use or structure may be erected on any existing lot or parcel. Provided, that no zero lot line, common wall, duplex or multifamily development shall be allowed on existing lots of record in the SR and K -1 zones unless th l co t th minimum lot size requirements in Table 5 -2, or the development involves the replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multifamily development. This section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district. Provided, that the setback dimensions of the structure shall conform to the regulations of the zoning district in which the lot is situated. Section 15.05.020(B) contains additional provisions for development on nnnrnnfnrmina lntc 15.19.050 Continuation of Nonconforming Uses A. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of Sections 15.19.070 or 15.19.080. B, Continuation When a Nonrconformin u is Da or Destroyed. When a nonconforming use and associated structure are damaged, the nonconforming use may be replaced as it was prior to the damage. If the structure was also nonconforming, the structure may be rebuilt as it was immediately nrinr to the darnaae nr in a manner that is more ennfnrmina in accordance with the provisions of Section 15.19.080. (Ord. 98 57 §1, 222 15.19.060 - Nonconforming Structures. A. Generally. Any legal nonconforming structure may continue so long as it remains otherwise lawful. A nonconforming structure other than a required site improvement may be included in and /or changed as part of any development, or modification to development, subject to review and approval under the procedures and provisions of this title. Provided, that nothing in this section shall authorize the expansion or change of a nonconforming structure except as otherwise provided for in this chapter. The required site improvements, parking, and signs are subject to the more specific policies on nonconforming parking and signs in Chapters 15.06 and 15.08, which shall control and govern. B. Maintenance of a Nonconforrrring Structure. Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing. C. RcconstrucitonReconstruction of a Nonconforming Structure. When a nonconforming structure is damaged or destroyed, the building officialAdministrative Official or designee shall issue a development permit allowing the structure to be rebuilt as it was immediately prior to the damage or in a manner that is less nonconforming. Provided, no reconstruction of a nonconforming structure shall be performed without the issuance of a development permit by the building official.Administrative Official. Applications and permits for such reconstruction shall be made in accordance with Chapters 15.11 and 15.12 of this title except that no Certificate of Zoning Review is required The property owner shall provide the information necessary to reasonably assure the building officialAdministrative Official or designee that the reconstruction being authorized complies with this section. The information provided shall include, but not be limited to: (1) A general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being damaged; (2) Where a nonconforming use is involved, a written narrative describing the use or uses that existed immediately prior to damage; (3) An affidavit or certificate that the narrative and site plan accurately represent the nonconforming structure and /or use as they were immediately prior to damage. The building officialAdministrative Official or designee may approve reconstruction in conformance with the site plan or in a manner that is more conforming with the provisions and standards of the zoning district in which it is located. If the building officialAdministrative Official or designee determines that the 223 requested reconstruction amounts to an expansion of the nonconfoiming structure he shall forward the appli cation to the Ilea-144+g examincrHearing Examiner for review under the provisions of Section 15.19.080. (Ord. 98 57 §1, 1998) 15.19.070 Change - from a Nonconforming Use to a Class (1), (2) or (3) Use The following procedures shall be followed for changing a nonconforming use to a Class (1), (2) or (3) use: 1. Change to a Class (1) Use. Application for changing a nonconforming use to a Class (1) use shall be made under the provisions of Chapter 15.13, ClassType (1) review. 2. Change to a Class (2) Use_ Application for changing a nonconforming use to a Class (2) use shall be made and reviewed under the provisions of Chapter 15.14, ClassType (2) Review. The administrative official may approve the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the z onin g di and th provisions and standards established herein. 3. Change to a Class (3) Use._ Application for changing a nonconfoiuiing use to a Class (3) use shall be made and reviewed under the provisions of Chapter 15.15, ClassType (3) Review. The hearing examiner The Hearing Examiner shall hold at least one public hearing on the proposed change prior to rendering a decision. The - hearing examiner may approve the proposed Class (3) use when he determines it is compatible with the objectives of the Yakima Urban Area Comprehensive plan and the purpose and intent of this title. (Ord. 98 57 §1, 1998) 15.19.080 - Change from a Nonconforming Use to Another Nonconforming Use; Expansion of a Nonconforming Use or Structure The following procedures shall be followed to change a nonconforming use to a different nonconforming use; expand a nonconforming use throughout a structure; and /or expand a nonconforming structure or use throughout a lot or onto an adjoining lot. These procedures shall be used to expand a nonconforming structure throughout a lot. Provided, a structure that is nonconforming only by reason of excessive building height or substandard setbacks, or is a nonconforming single - family dwelling, may be altered or expanded under the modification provisions of Section 15.17.050 when: the alteration or expansion: (1) Does not increase the degree of nonconfolnrity of the structure; 224 (2) Complies with development standards of the district in which it is located; (3) The nonconforming structure is occupied by a Class (1) or Class (2) use or is a single- family dwelling or duplex; (4) In the case of expanding a nonconforming single - family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. The provisions of Section 15.17.050 shall also be used for the reconstruction of a nonconforming single - family. 1. Application. The application procedures shall be the same as those established in Section 15.15.030 for Class (3) uses. A detailed site plan conforming to the provisions of Section 15.11.050 shall accompany any applications required by this section. 2. Public Hearing and Review. The planning department shall review and process the application under the provisions of Section 15.15.040. The hearing cxamincrHearing Examiner shall hold at least one public hearing. Within ten days after the public hearing, unless a longer period is agreed to on the record or in writing by the applicant, the hearing cxamincrHearing Examiner shall render a written decision. 3. Conditions for Approval. The h ring examinerHearing Examiner may grant the relief requested if he finds all of the following: a. That the expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety or welfare; and, b. That the proposed expansion, change, reconstruction or replacement is compatible with the character of the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the provisions and the intent of the zoning district; and c. That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested; and, d. That the use or structure was lawful at the time of its inception; and, e. That the value of nearby properties will not be significantly depressed by approving the requested expansion, change, reconstruction or replacement. The expansion, change, reconstruction or replacement requested shall be denied if the hearing cxamincrHearing Examiner finds that one or more of the provisions in Subsection 3 a through e of this section are not met. 225 4. Findings and Conclusions. The hearing examincrHearing Examiner chap rirepnre Iv r ttan findin anal rnnrineinne s tating the sp erifir ....... t ,. t ., . .....,.,.. ....... » ...,...,. ».,..,..., ,,,......... ...... ., reasons for his decision to approve, approve with conditions, or deny the application. The findings shall include the hearing examiner'sHearing Examiner's deteiniination regarding compliance of the proposed expansion, change, reconstruction or replacement, with the criteria established in subsection C above. The hearing examinerHearing Examiner shall issue a Certificate of Zoning Review in accordance with Section 15.15.060 upon approval of an application and accompanying site plan. 5. Conditional Approval. When approving a change in, or the expansion, reconstruction, or replacement of a nonconforming use or structure, the hearing examinerHearing Examiner may attach conditions to the • proposed change, expansion, replacement or reconstruction, or any other part of the development, in order to assure that the development is improved, arranged and screened to be compatible with the objectives of the Yakima Urban Area Comprehensive Plan, this title, and neighboring land uses. (Ord. 98 57 §1, 1998) 15.19.9015.19.090 Modifications of an Approved Site Plan for a Nonconforming filse or Structure. Site plans approved for the change, expansion, reconstruction or replacement of a nonconfouning use or structure may be modified under the provisions of Chapter 15.17. (Ord. 98 57 §1, 1998) 9 C 1 (1 9 A it Discontinuance _ _ P AT _ __ 1` Use ['� 15.19.ivu Discontinuance ul i TVioncuniurming ur Structure A nonconforming use or structure shall become discontinued when it is: 1. Succeeded by a Class (1), (2) or (3) use; or ') .1 z ceee iFri by ano 1 cy r s tr::n nre that ;o leas . _ ..-vzl:11(1 o r L.. I✓NV VV VLLVtI V another LEON V1 U{.114 1S41V lll{.1l 1J less 1_ 1V1YeV11rV1111111Y 111 3. Discontinued and not reestablished within eighteen months, unless an extension is granted by the Administrative Official upon proper application. Denials of such requested extensions may be appealed in the same manner as Class (2) decisions under Chapter 15.14 YMC; or 4. Damaged, and application for rebuilding or replacement is not made within eighteen months of such damage or resolution of court litigation or insurance settlement. When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus loses its status as a legal nonconforming use. Any subsequent use shall confoiiii to the provisions of the use district in which it is located. (Ord. 98 57 §1, 1998) 226 • 15.19.110 Sale of a Nonconforming Use or Structure Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or use of a nonconfoluiing structure. (Ord. 98 57 §1, 1998) 15.19.120 Critical Area Non - Conforming Uses and Facilities With respect to critical areas, as provided under Ch. 15.27 Non- Confouuiing Uses and Facilities are classified as either Conforming Uses with Non - Conforming Structures or Areas, or as non - conforming uses, as described in subsection 1 below. Both types have different review processes and decision criteria, as provided below in subsections 2 and 3. 1) Classification Criteria — There may be situations that do not conform to the standards or regulations of this title. These situations are characterized as: a. Non - conforming Uses. Uses of a structure or land that were lawfully established at the time of their initiation but are currently prohibited by this title are non- confoiming uses, and may utilize structures or land areas that are also non - confolining. A non - conforming use that is discontinued for any reason for more than one year shall have a presumption of intent to abandon, shall not be re- established, and shall lose its non- conforming status, unless a Variance or Adjustment is obtained to extend the length of time, based on documentation showing that an intent to abandon did not exist during the period of discontinuance. Such a Variance or Adjustment request may be submitted after the deadline has passed. In the case of destruction or damage where reconstruction costs exceed 50% of the assessed value, the structure shall not be rebuilt. b. Conforming Uses with Non - conforming Structures or Areas are structures or areas for conforming uses that were lawfully established at the time of their initiation, but currently do not conform to the bulk, dimensional or other development standards of this title. Structures or areas in locations approved under a permit shall not be considered non - conforming. Non - conforming outdoor areas that have not been used or maintained for 5 consecutive years shall lose their non - conforming status and may not be reestablished. c. Any non - conforming structure, area, or use may be maintained with ordinary care according to the provisions in 15.27.140 (Applicability) and 1.5.27.303 (Minor Activities Allowed without a Permit or Exemption) and 15.27.304 (Exemptions — Procedural Requirements), and do not require additional review under these Non- Confoluiing provisions. 227 • • 7.l PrnrPCC a. Alterations to conforming uses with non - conforming structures or areas shall be allowed under the following process requirements with the understanding that other permits or reviews may also be required under this title: 1) Those that do not increase the existing non - conformity and otherwise confoliu to all other provisions of this title are allowed without additional review under these non - conforming provisions. 2) Those that increase the non - conformity, including establishing additional square footage within a buffer, are allowed without additional review under these non- conforming provisions; however, an Adjustment must be obtained for the increased non- confoiiuity. 3) Reconstruction or repair of a structure damaged less then 75% of the assessed value shall be processed as provided in subsections 1 and 2 above. 4) A nonconfoiming structure which is moved any distance shall be processed as provided in subsections 1 and 2 above. 5) Reconstruction or repair of structures destroyed or damaged 75% or more of the assessed value of the • structure (not the whole property), including that resulting from neglect of maintenance or repair, shall be processed under these non - conforming provisions as a Type 2 review under this title. b. Alterations to Non - conforming Uses 1) Those involving expansion or alteration within an existing structure, but do not include alterations to outdoor areas, or expansions of the building's height or square footage are allowed without additional review under these non - conforming provisions. 2) Alterations to non - conforming uses, including their non - conforming structures or areas that do not qualify under paragraph (1) above, shall be processed under these non - conforming provisions as a Type 2 review, as provided by this title. 3) Decision Criteria a) Decisions on projects that require review under the non- conforming provisions, as identified under subsection (2) above shall 1 ll o b ase , th ,.,,i decision , f ; section J11CL11 VV based V11 L11.' general UN..1J1V11 criteria found 111 JI+l.LIV11 15.27.311 (Authorization Decisions — Basis for Action) together with the criteria below. 228 b) Applications for conforming uses with non - conforming structures or areas that are subject to subsection 2(a)(5) above, shall not be approved unless a finding is made that the project meets all of the following criteria: i. Using the original location will not place the structure or people in danger of a hazard; ii. The previous structure and any structural shore modification used to protect the structure did not increase hazards or damage to other properties; iii. The previous structure and any shore modification used to protect the structure did not cause significant impacts to the functions and values of the critical area. c) Decisions on non - conforming uses: i. A non - conforming use may not be altered or expanded in any manner that would bring that use into greater non- conformity; 229 Chapter 15.20 ADMINISTRATION Sections: 15.20.010 Purpose 15.20.020 Building and enforc ment officialAdministrative Official's— Duties and powers 15.20.030 Planning Department— Duties and powers 15.20.040— Administrative official— Duties and powers 15.20.050 Hearing examiner— Duties and powers 15.20.060 Regional planning commission 15.20.070 Legislative body 15.20.080 No personal liability for acts or omissions 15.20.090 Coordination with county /city 15.20.100 Entrance onto private property 15.20.110 Statement of zoning district by city or county officials /reliance limited 15.20.120 Computation of time 15.20.010 – Purpose The purpose of this chapter is to define the responsibilities and requirements for the administrationAdministration, enforcement, and interpretation of this title. (Ord. 294-7 §1 (part),1986) 15.20.020 – :. • . ... . • • •• • • Administrative Official – Duties and Powers A. Office Established. The Building and EnforcementAdministrative Official (building official) shall be that person designated by the legislative body to enforce the provisions of this title and the :. • . .: - . - : administer the assigned provisions of this title, or his designee. B. Authority and Duties. The building and enforcementadministrative official shall have the following powers and responsibilities: 1. Receive, examine, and process applications for Class (1) uses; 2. Issue development permits for Class (1) uses in compliance with the provisions of this title. Development penuiits for uses requiring review and approval by the a4n3i at - Administrative Official or hearing cxamincrHearing Examiner shall be issued only after receipt of a Certificate of Zoning Review from the reviewing officialAdministrative Official; 230 3. Receive, review, and adjudicate all site plans requiring Type (2) review; 4. Re review and decide applications for t hardship unit permits, basic design standard adjustments and any other application for permit or approval assigned to him under provisions of this title; 5. Perfouni any other function or duty authorized or assigned to him under the provisions of this title. 6. Conduct inspections to determine compliance or noncompliance with the teiins of this title; 7. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application; 8. Stop, by written order, work being done contrary to the development pennit or to this title. Such written order, posted on the premise involved, shall not be removed except by order of the building official. Removal without such order shall constitute a violation of this title. 9. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or occupancy of a structure or land, and /or restrain, correct, or abate such violation; • 10. Perform any other act or duty authorized or assigned to him under provisions of this title. All decisions of the building an enforcement officialAdministrative Official shall be final unless appealed to the hearing examined-Tearing Examiner under Chapter 15.16. (Ord. 29'17 §1 (part), 1986) 15.20.030 — Planning Department — Duties and Powers The Planning Department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; 2. Receive, record and file all applications for permits, approvals or other action, including ClassType (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved Class (2) and (3) uses and existing e1nsClass (1), (2), and (3) uses under the provisions of Chapter 15.17; 4. Provide staff support to the regional planning commissionRegional Planning Commission on all long range planning matters and proposed ordinance amendments; 5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body; 6. Provide staff support to the Hearing Examiner and legislative body; 7. Perfoini any other act or duty authorized or assigned to it under the this provisions of �uis title; uu 8. Maintain the official index of all permits and approvals under this title. (Ord. 2917 §1 (part), 1986) 231 15.20.1.! , • • e . • A. Office Established. The administrative official shall be the director of the planning department or his designated representative. B. Authority and Duties. The administrative official shall hav the following powers and responsibilities: 1 Receive, review, and adjudicate all site plans requiring Class (2) review 2 Recciv , review and decide applications for temporary hardship application for permit or approval assigned to him under provisions of this title; 3 . - -• . • -- . . .. . '_• -. . him under the provisions of this title. Decisions-of the administrati • - . . - . . -- ... . s - • . - examiner under Chapter 15.16. (Ord. 29/17 §1 (part), 1986) 540,050 — Hearing Examiner — Duties and Powers A. Office. The office of Hearing Examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the tern hearing examiner as used herein shall include deputy examiners and examiners and pro tem. The hearing examiner shall be jointly hired and appointed by the City of Yakima and Yakima County. 1 B. Authorities and Duties. -The examiner shall receive and examine available infoimation, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to Section 15.16.040: a. Class Type (3) review decisions; b. Variance requests; c. —_Home occupations; d.— _Revocation proceedings under Chapter 15.24 of this title; 232 e.— _Nonconforiuing uses; f — _Anneals of decicinn by the hnildina nffirial officialAdministrative Official; and g. Any other authorized decision not expressly listed in subsection C2 of this section. 2. The decision of the hearing examiner on rezone applications shall constitute a - reeornmendation to the legislative body. Provided, that rezone applications initiated - by the city or county to implement a newly adopted or amended Comprehensive Plan, or which are of broad general applicability, shall be heard by the regional planningRegional Planning commission. (Ord. 29'17 §1 (part), 1986) Commission. 15.20.060 Regional Planning Commission A. Establishment and Jurisdiction, The Regional Planning Commission was established by the Yakima Urban Area Regional Planning Agreement in 1977. The commission is organized under RCW Chapter 36.70 and serves as a citizen advisory group to the legislative bodies on long range planning matters. B. Authority and Duties. 1. As the long -range planning body for the Yakima urban areaUrban Area, the Regional Planning Commission shall monitor the growth and development of the Yakima . . .. - : Urban Area and continually reevaluate and recommend revisions to the Yakima Urban Area Comprehensive Plan and this title; 2.— _Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3.-Study and report on all proposed text amendments to this title; 4.— _Review and report to the joint board at least once every freseven years commencing on the date of enactment of this title.— This frveseven year report shall: a. Analyze the extent to which development has actually occurred in the Yakima Urban Growth Area and evaluate this title in terms of its ability to guide growth in confoimance with the Yakima Urban Area Comprehensive Plan; ti Recommend Changes t is b u 1 \NcVh1 any hhau ,'. in Lut. zoning 1iia° which be required in order to accommodate expected residential, commercial, and industrial development in the Yakima Urban Growth Area over the next 29twenty years; and 233 —c. Analyze the need for any other regulations imposed by this title in teinis of changed conditions since the last review. 5.— _Advise the legislative body on land use matters; 6.— Monitor the hearings of the hearing examiner in order to stay informed on flevelepfneffts;development activities, the concerns of the public, and the decisions of the Hearing Examiner, 7.— _Perform any other function authorized by law. (Ord. 29'17 §1 (part), 15.20.070 — Legislative Body Authority and Duties.- The legislative body shall have the following authority and duties: 1. Decide appeals from the Hearing Examiner as specified in Chapter 15.16; 2. Amend this title through the procedures outlined in Chapter 15.23 of this title; 3. Amend the Yakima Urban Area Comprehensive Plan; 4. Perform any other act or duty authorized by law. (Ord. 29'17 §1 (part), 1986) 15.20.080 — No Personal Liability for Acts or Omissions. Each person responsible for the enforcement or administration of this title and each official responsible for making any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsibilities. If the person or member is sued for acts or omissions occurring in good faith discharge of his or her responsibilities, the county /city shall defend and provide legal representation of the person or member until final disposition of the proceedings. The county /city shall reimburse the person or official for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his or her duties. (Ord. 2917 §1 (part), 1-9-8-6-) 15.20.090 — Coordination with County /City A. Purpose. While this title is enacted and administered separately by the City of Yakima/County of Yakima, it constitutes a significant joint planning effort and the furtherance of jointly developed and adopted land use policies and ordinances by the City of Yakima and Yakima County within the Yakima Urban Growth Area. The purpose of this section is to encourage and to authorize officials performing duties and responsibilities under this title to solicit and consider comments from the other entity, and to authorize the recognition of the joint nature of this ordinance as a factor in decision making. 234 R Coordinate rl Administr Any official performing duties +-.. v vv• u a�i.n..v .a aa K �ivii. — Any official performing UUl14 Vr responsibilities under the provisions of this title may solicit, receive, and consider comments by the county /city, on any interpretive, administrative, enforcement, permit or approval, or other decision under the terms of this title. Uniform and coordinated administration, enforcement, and decision - making under the terms of this title between the City of Yakima and County of Yakima is declared to be a significant policy /goal of this title, and may be considered as a factor in any interpretive, administrative, enforcement, quasi-judicial, or legislative decision under the provisions of this title. (Ord. 2917 §1 (part), 15.20.100 - Entrance Onto Private Property The Planning Department and any reviewing officialAdministrative Official, or their authorized representatives, shall have the right of entry onto any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or required under the provisions of this title, for the purpose of inspecting and reviewing the premises in question. This right of • authorized persons. (Ord. 2917 §1 (part), 1986) 15.20.110 - Statement of Zoning District by City or County Officials /Reliance Limited. Any person wishing to know and inquire of the county /city as to the official zoning district classification allowed by this title for a specific parcel of property may submit a written request for such information to the appropriate 1 planning department on forms prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel 1 involved, The planning department shall respond to such requests and designate, if possible, the official zoning classification of such property. No • person contemplating the sale or purchase of any property, nor any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written representation of zoning district classification by any county /city employee or official except when an official statement of zoning classification is issued in writing under the provisions of this section. -(Ord. 2917 §1 (part), 1986) 15.20.120 - Computation of Time In computing any period of time prescribed or allowed by this title, the day of the act, event, or default -from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period .1 -..... ,. until the - -.a of - -- - -i a,_- --- ' - ---- -- --- a t -- -- - - 1--- -'- -- - - - -'- -- pe11VU 1U11J U11Lll L11G end Vl 111G 11GAL day W111L�11 is neither d Saturday, d Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (Ord. 2947 §1 (part), 1986) 235 Chapter 15.21 VARIANCES Sections: 15.21.010 Purpose, 15.21.020 Application 15.21.030 Criteria for variance approval 15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts 15.21.050 Public hearing by the hearing examiner 15.21.060 Action by the hearing examiner 15.21.070 Notice of examiner's decision 15.21.080 Appeals 15.21.010 Purpose The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title. Provided, such variance would not be contrary to the public interest, and the strict application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the property. It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the property. (Ord. 2947 §1 (part), 1986) 15.21.020 Application A written application requesting a variance shall be submitted to the planning department under the applicable provisions of Chapter 15.11. (Ord. 2947 §1 (part), 1986) 15.21.030 Criteria for Variance Approval A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public interest, is not self - created, and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant must clearly establish and substantiate that the request for variance conforms to all the requirements and standards listed below: 236 • 1. That granting the variance will be consistent with the general purpose an intent of this title and w ill not to the nei or otherwise detrimental to the public welfare. 2. That granting the variance will not permit the establishment of any use not permitted in a particular zoning district. -13. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought.- The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. -The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure. 4. That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self - created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must he suffered directly by the prop i question, and evidence of variance granted under similar circumstance shall not be considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance. 5.— That granting of the variance is necessary for the reasonable use of the land or structure, and that the variance as granted by the hearing examinerHearing Examiner is the minimum variance that will accomplish this purpose. a :. ! • = :4, •: ; e : 29'17 §1 1.21.040 Additional Criteria for Variance Approval in the rloodplain and Airport Overlay Districts When considering a variance in the-a floodplain andor Airport Overlay Districts, the hearing examiner, the Hearing Examiner shall consider, in addition to the conditions in Section 15.21.030, all technical evaluations, standards applying to the overlay district, and: 1 - the danger to life and property due to flooding or airport conflicts; 2. the importance of the services provided by the proposed use to the community; 3. the necessity to the facility of a waterfront or airport location; 237 4. the availability of alternative locations for the proposed use which are not subject to flooding or airport hazards; 5. the compatibility of the proposed use with existing and anticipated development; and 6. the relationship of the proposed use to the Airport Master Plan and floodplain management program. (Ord. 29'17 §1 (part), 1986) 15.21.050 Public Hearing by the Hearing Examiner. A public hearing shall be held and notice provided under the provisions of Chapter 15.11. -The applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for continuance of the hearing or denial of the application.- Other parties may appear in person or by agent or attorney, or may submit any written comments. (Ord. 2947 §1 (part), 1986) 15.21.060 Action by the Hearing Examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in the record or in writing by the applicant, the hearing cxaminerHearing Examiner shall file a written on decision that shall include the following considerations: 1. The testimony at the public hearing; 2. The extent to which the proposed variance is in compliance with the requirements of Section 15.21.030 and Section 15.21.040, if applicable; 3. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, or structure; and 4. The consistency of the variance with the general purpose and intent of this title. The hearing cxaminerHearing Examiner may attach conditions to the approval of a variance to minimize the impacts of such approval on the neighborhood. The application for a variance shall be denied if the - . - : .. - - Hearing Examiner finds that one or more of the provisions of Section 15.21.030 are not met. ! .. Si .. •: 15.21.070 Notice of Examiner's Decision Copies of the examiner's decision shall be mailed to the applicant and to other parties of record not later than three days following the filing of the decision. "Parties of record" shall include the applicant and all other persons who 238 specifically request notice of the decision by signing a register provided for such purpose at the public hearing. (Ord 7.917 §1 (nart) 19R6) 15.21.080 Appeals Decisions by the -. ° - e -- • - - Hearing Examiner may be appealed to the legislative body in accordance with Chapter 15.16. (Ord. 2917 §1 (part), 1986) • 239 Chapter 15.22 INTERPRETATIONS Sections: 15.22.010 Purpose 15.22.020 Written request for interpretation 15.22.030 Review by the hearing examiner 15.22.040 Notice of examiner's decision 15.22.050 Use interpretations 15.22.060 Interpretations of zoning district boundaries 15.22.070 Appeals 15.22.010 - Purpose The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map that it incorporates, and the rules and regulations adopted pursuant to it. (Ord. 2917 §1 (part), 1986) 15.22.020 - Written Request for Interpretation A written request for interpretation of any provision of this title, use or non use, the zoning map, or any rule or regulation adopted pursuant to this title, shall be submitted to the 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. (Ord. 93 81 §52, 1993; Ord. 2917 §1 (part), 1986) 15.22.030 — Review by the Hearing Examiner. The planning department shall, within five days of the receipt of any request for interpretation, forward all applications for interpretation to the hearing cxaminerHearing Examiner for decision. The - - . ° - - .. - -- Hearing Examiner may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment. In addition, the hearing examinerHearing Examiner may, at his sole discretion, schedule and hold a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpretation shall be mailed to the person requesting the interpretation and published once at least ten working days prior to the hearing. (Ord. 3019 §65,1987; Ord. 2917 §1 (part), 1986) 240 15.22.040 - Notice of Examiner's Decision The - - . - _ - . • - - Hearing Examiner shall mail a written copy of his interpretation to the applicant, the Yakima County Planning Department, the City of Yakima Department of Community and Economic Development, and their respective administrative officials. Such notice shall be provided within thirty days from the date of his receipt of an application for interpretation, or such longer a period of time as may be agreed to by the applicant. The '- - . - - . - - - Hearing Examiner shall clearly state the analysis and reasons upon which any interpretation is based and, if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in Section 15.22.050. The planning department shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. (Ord. 2947 §1 (part), 1986) 15.22.050 - Use interpretations The following conditions shall govern the'- ° : - : - - • - Hearing Examiner in issuing use interpretations. (Also see Section 15.04.040, Unclassified Uses.) 1. No use interpretation shall vary the location or review requirements of any use listed in Table 4 -1 or home occupation listed in Table 4 -2. 2. No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. 3. The following conditions shall govern the Administrative Official in maki interpretations C___�7__ a._.._ "i"�_:_.- 5�'_'_ �___ YMC � r r:h 7's rr�;�rn� making use interpretauuus for the State rau Park (see x MC 15.04.1 ' )(2). Allowable Uses): a. The Administrative Official shall be authorized to determine whether a new or expanded use not otherwise identified in YMC 15.04.135(B), Special Definitions. is consistent with or similar to those listed prior to issuance of development permits. Such determination shall be made for the record in a written interpretation. b. If the Administrative Official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within State Fair Park special definitions, the interpretation question may be referred to the Hearing Examiner as provided in this chapter. 241 c. Uses found by the Administrative Official or Hearing Examiner to be consistent with or similar to those special definitions of YMC 15.04.135 shall be subject to the appropriate permit review process and development standards of this title (see YMC 15.05.020(K), site, and 15.12.020(E)). A use not found to be consistent with or similar to those uses may be considered by the Hearing Examiner as an unclassified use within the GC district (see YMC 15.04.040). 15.22.060 Interpretations of Zoning District Boundaries 1 The - - . - - - . - - - Hearing Examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official 1 zoning map. The hearing examinerHearing Examiner shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map: 1. Boundaries shown as following or approximately following the city limits, plotted lot lines or section lines, half - section lines, or quarter - section lines, shall be construed as following such lines. 2. Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets. 3. Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines. 4. Boundaries shown as following or approximately following shorelines of lakes, rivers and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline. 5. Boundaries shown as following or approximately following the centerline of streams, rivers, lakes or canals shall be construed as following such centerlines. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning boundary shall be construed as moving with the channel centerline. 6. Where a public right -of -way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. (Ord. 29/17 §1 (part), 1986) 15.22.070 Appeals The hearing examiner'sHearing Examiner's decision on an interpretation may be appealed under the provisions of Chapter 15.16. (Ord. 2947 §1 (part), 1986) 242 Chapter 15.23 AMENDMENTS AND REZONES Sections: 15.23.010 Purpose 15.23.020 Text amendments 15.23.030 Rezones — Zoning map amendments 15.23.040 Appeals 15.23.050 Classification of annexed lands 15.23.010 - Purpose From time to time, a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and /or map when the proposed change would be consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the intent of this title. (Ord. 2917 §1 (part), 1986) 15.23.020 – Text Amendments A. Initiation. An amendment to the text standards, procedures, or other provisions of this title, may be initiated by action of the legislative body with jurisdiction, or the Regional Planning Commission. B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with jurisdiction, after a recommendation thereon from the Regional Planning Commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 36.70 as it now exists or is hereafter amended. (Ord. 2917 & 1 (part), 1986) 15.23.030 - Rezones — Zoning Map Amendments A. Initiation. - An amendment to the zoning map may be initiated by: 1.- _Resolution of the legislative body with jurisdiction, or the Regional Planning Commission; or 2. _A rezone application filed by the property owner(s). 243 B. Application. All rezone applications shall be filed with the planning department. The - . .. -- - - Department shall process the application under the provisions of Section 15. 11.080. -The application shall include the infolulation required in Section 15.11.030 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the - - b - - - Hearing Examiner for public hearing and review. Provided, that rezone applications initiated by the ei-tyCity or countyCounty to implement a newly adopted or amended Comprehensive Plan, or which are of broad general applicability, shall be heard by the Regional Planning Commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Recommendation by the Regional Planning Commission. The Regional Planning Commission may, if requested by the hearing examinerHearing Examiner, submit a recommendation on the proposed rezone to the heaFing examinerHearing Examiner prior to the issuance of his decision. The recommendation of the Regional Planning Commission shall in no way be binding on the hearing examinerHearing Exarniner. E. Decision by the Hearing Examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation ion shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and /or deviate from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of this title:: 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 244 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and,. 7. The public need for the proposed change. Notice of the hearing examiner'JHearing Examiner's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examincrHearing Examiner on rezone applications shall constitute a recommendation to the legislative body. F. Action by the Legislative Body. Upon receipt of the hearing • examiner'sHearing Examiner's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affinn or reject the herring examiner'sHearing Examiner's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 15.11.090. .In either case, the findings of the legislative body shall include the considerations established in subsection E of this section. G. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (9rd 3019 §67,1987; Ord. 2917 §1 (part), 1986) 15.23.040 Appeals The decision of the legislative body shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of reviewing the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 2947 §1 (part), 1986) 15.23.050 Classification of Annexed Lands The zoning of land hereafter annexed to the City of Yakima shall not change upon annexation. Provided, the City Council may initiate and consider a rezone of the property proposed for annexation under the provisions of Chapter 15.23, and may adopt the zone change upon annexation. (Ord. 2917 §1 (part), 245 Chapter 15.24 REVOCATION OF PERMITS OR APPROVALS Sections: 15.24.010 Authority 15.24.020 Grounds for permit revocation 15.24.030 Public hearing by the hearing examiner 15.24.040 Decision by the hearing examiner 15.24.050 Notice of examiner's decision 15.24.060 Permit revocation not an exclusive action 15.24.070 Appeals 15.24.080 Violation 15.24.010 - Authority The - - . - - .. - - Hearing Examiner may, under the provisions of this chapter and upon petition by the building official, administrative officialAdministrative Official, or the legislative body, revoke or modify any permit, Certificate of Zoning Review, variance, home occupation permit, temporary hardship permit, or other peimit or approval previously made or granted under the provisions of this title. (Ord. 2947 §1 (part), 1986) 15.24. 020 - Grounds for permit revocation Such revocation or modification shall be made only on one or more of the following grounds: 1. That the approval was obtained by fraud or material misrepresentation; 2. That the permit or approval is being, or has been recently, exercised or used contrary to the terms or conditions of such permit or approval, or in violation of any other statute, ordinance, or law, and administrative efforts by the planning department and /or building officialAdministrative Official have been ineffective. (Ord. 2917 §1 (part), 1986) 246 • 15.24.030 — Public Hearing by the Hearing Examiner The - - . _. - • - . - - Hearing Examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice of such hearing and its purpose shall be given to the holder of the permit and the legal title holder of the property at least ten (-4-0) -days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the property in a conspicuous place and mailed to the last known address of the permit's applicant. (Ord. 2947 §1 (part), 1986) 15.24.040 — Decision by the Hearing Examiner Within ten days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His written decision shall include the following considerations: The testimony at the public hearing; The recommendation from interested agencies and departments, and The grounds for permit revocation established in Section 15.24.020. The hearing examinerHearing Examiner may, on his own motion or upon • request of the permit holder, defer the effective date of any revocation and grant the pennit holder an opportunity to affirmatively demonstrate to the examiner compliance with this title or correction of any violation. The examiner may grant or impose interim terms and conditions of the approved use, construction, alteration, or occupancy of the premises covered by the permit or approval. Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioni : --- • - : . . - - - -- . •. •. 15.24.050 — Notice of Examiner's Decision Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation not later than three days following the filing of the decision. (Ord. 2917 §1 (part), 1-9-8-63 15.2524.060 — Permit Revocation not an Exclusive Action The provisions of this chapter are completely supplemental to other provisions of this title. Provisions herein are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized under this title. ! . • - i s - , • :. 247 15.24.070 — Appeals Any decision of the • - . _ -- • - - Hearing Examiner hereunder shall be final unless appealed in accordance with Chapter 15.16. (Ord. 2917 §1 (part), 15.24.080 — Violation Continued use or occupancy of land or structures after the effective date of any revocation, and with knowledge that a permit or approval has been revoked under this chapter, constitutes a special violation of this title and is punishable under Section 15.25.020(B). (Ord. 2917 §1 (part), 1986) 248 Chapter 15.25 VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION Sections: 15.25.010 Violations unlawful 15.25.020 Criminal penalties 15.25.030 Civil penalties 15.25.040 Continued violations — remedies and penalties 15.25.050 Persons liable 15.25.060 Enforcement and administration 15.25.070 Collection of civil penalties 15.25.080 Disposition of civil penalties collected 15.25.010 — Violations Unlawful Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful. (Ord. 2917 §1 (part), 1986)). 15.25.020 — Criminal Defense Penalties A. General Penalties. Any person, firm or corporation violating any of the provisions of this title, or violating or failing to comply therewith, or violating or failing to comply with any order made or issued pursuant thereto (unless otherwise stated), shall for each and every violation and noncompliance respectively be guilty of a misdemeanor. Any person so convicted shall be punished for each offence by a fine or not more than five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Provided, that except for the violations specified in Section 15.25.020(B) and Section 15.25.060(D), a person not previously convicted of any violation of this title and who is not convicted of more than one violation shall be punished by a fine only, not to exceed five hundred dollars. B. Special Penalty. Any person who continues to use or occupy land or structures with knowledge that a permit or approval has been revoked under Chapter 15.24 of this title shall, upon conviction thereof, be punished for each offense by a fine of not less than two hundred fifty dollars nor more than five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment. The 249 minimum fine imposed by this section shall not be suspended or (l pferrP.d C. Abatement. Persons convicted for violations of this title may be ordered by the court to abate any use or structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner provided by law. (Ord. 2917 §1 (part), 1986) 15.25.030 — Civil Penalty In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per day is hereby imposed upon any person, firm, or corporation which violate the provisions of this title. Such civil penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to Section 15.25.060(C), and shall continue until the violation is corrected. The civil penalty constitutes a personal obligation of the person or persons to whom the notice of noncompliance set forth in Section 15.25.060(C) is in effect. The prosecuting attorney /city attorney, on behalf of the county /city, is authorized to collect the civil pe b us e of appropriate legal remedies, th see or granting of which shall neither stay nor terminate the accrual of additional civil penalties so long as the violation continues. If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the building official shall cause a notice of lien to be filed in the Yakima County auditor's office. Said notice of lien shall contain the legal description of the property and a copy of the notice of violation, together with proof of service of the notice of noncompliance as set forth in Section 15.25.060(C). Upon date of filing such notice of lien, a lien shall exist in favor of the city or county (whichever takes the action) to secure the payment of the civil penalty imposed by this title. Any person who takes or acquires any interest in said property subsequent to filing of said notice of lien shall take subject to said lien. The lien may be foreclosed by the county /city in the manner provided by law for the foreclosure of mortgages. (Ord. 2917 §1 15.25.040 — Continued Violations — Remedies and Penalties Any imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects. 1. Each seven -day period in which a violation continues after the effective (late for c orrection as set forth in the notice of noncompliance provided in Section 15.25.060, shall constitute a separate criminal offense unless time for correction is otherwise expressly extended in writing by the building and enforcement official, or unless otherwise stayed as authorized under this title. Provided, that where the building and enforcement official has 250 ordered any work or occupancies or where any certificate or permit of approval has been revoked or suspended, each and every day that such work or occupancy continues or is perniitted to continue shall constitute a separate criminal offense. 2. Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty as set forth in Section 15.25.030, in the amount of fifty dollars per day from the date set for correction pursuant to said provisions until the violation is corrected. 3. In addition to any criminal or civil proceedings authorized under this chapter to enforce this title, and in addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of such actions, violations of this title are declared to be public nuisances. 4. The prosecuting attorney /city attorney on behalf of the county /city and the public may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided herein, or as otherwise provided by law to enforce compliance with, or recover damages for, its violation. Provided, that a private person may not pursue to enforce the civil penalty as set forth in subdivision 2 of this section and in Section 15.25.030. 1. Any person, firm, or corporation violating any of the .: • • • . title shall be liable, in any private or public action brought to enforce abatement, and for reasonable attorney's fees. The remedies provided for in this chapt r arc accumulative and in addition to any other remedy available at law or equity. (Ord. 2947 §1 (part), 1986) 15.25.050 — Persons Liable The owners, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice a violation of this title, may each be found guilty of a separate offense and suffer the penalties provided in Section 15.25.020, and may be held jointly and severally liable in civil action brought to enforce the provisions of this title. (Ord. 2947 & 1, (part), 1986) 15.25.060 — Enforcement and Administration A. General.® The : . : • . - - -. Administrative official is hereby authorized and directed to enforce the provisions of this title. The building and enforcement officialAdministrative Official may employ, appoint and designate such employees, representatives or 251 officers to act on his behalf in the enforcement of this title under such n art nn+rnl a e11 Drcn einn a �"F1P . • . • . . . -.. . -... - .,J..«.,. C,uu 01.4.1_,../1 V 1..0,11 (4.11,/ v��v�vvuavu officialAdministrative Official may specify.- Any reference herein to the • :' b . : -- - - : • . Administrative Official shall also refer to his duly authorized representatives. - The building and enforcement officialAdministrative Official or his authorized representatives shall either upon complaint, or upon his own initiative, investigate potential violations of this title.- It shall be the duty of all the city /county officers to assist the :. • u' - :. -c : • officialAdministrative Official or his authorized representatives in the perfoimance of this duty.- It shall be the duty of all officers charged • with the enforcement of the law to assist in the enforcement of this title and its provisions. B. Entrance enon to Private Property.- When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the building and enforcement officialAdministrative Official may enter onto property to inspect the same or to perfoiui any duty imposed or authorized by this title.- Provided, that if such building or premises be occupied and not a publi place- he shall fi pr prope r.• public r , present proper and request entry. If ; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry.- If such entry is refused, the building officialAdministrative Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. right of entry authorized for this section extends to any employee, nfficcr, or person that accompanicc the building and enfnrcemcnt official or his authorized representatives. All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the building and enforcement officialAdministrative Official to the property, premises :indin ' sti nctiires In vnly cd Clii:`ing S r°rin:l n E r c.: rnstnirtinn improvement, or change, for inspections to assure compliance with this title and any conditions of approval for such permit or approval. The building and enforcement official The Administrative Official may enter onto private property, premises and /or structures during any such period of construction, improvement, or change tieing done pursuant to a permit or approval for such purposes.- Provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior to entry. C. Notice of Noncompliance. - the -z -. . . . -- -* : 1- ^ . ‘ if the Administrative Official determines that any activity, condition, structure, or use exists that does not conform to the provisions of this 252 title, he may issue a : ' - : • : - . ' . - -notice of noncompliance directed to the record owner of the property and /or to such other persons as are causing or contributing to such noncompliance. A Noticenotice of Noncompliancenoncompliance shall contain: 1. - name and address of the record owner or other person to whom the Notice of Noncompliancenotice of noncompliance is directed; 2. -The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring; 3_A statement of the action required to be *taken as determined by the building and enforcement official,Administrative Official and a date for correction which shall be not less than than -three weeks from the date of service of the Notice of Noncompliance, notice of noncompliance unless the building officialAdministrative Official has deteimined the noncompliance to be immediately hazardous.-; 4.—A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against the person or persons to whom the Notice of Noncompliance notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues; and, 5.—A statement that the building official'sAdministrative Official's determination of noncompliance may be appealed to the hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with Chapter 15.16;,. that such appeal shall be filed with the department issuing the notice within fifteen days of service of the notice of noncompliance;,, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and, 6.—A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty. The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally, in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of noncompliance by certified mail, postage prepaid, return receipt requested, to such person at his last known address.- Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by 253 the person making service, declaring the time, date, and manner by which service w as mania A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of Chapter 15.16 of this title. The cumulative civil penalty provided for in Sections 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. For good cause shown, the building and enforcement officialAdministrative Official may extend the date set for correction of the Notice of Noncompliance,notice of noncompliance; provided that such an extension shall not affect or extend the time in which an administrative appeal must be commenced; nor shall such extension be for a period of time in excess of one hundred eighty days. D. : Stop Orders. - - .. • . . . - -• x - . - • . If the Administrative Official determines that any activity is being established, or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The building and enforcement official The Administrative Official shall prominently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered.- When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the • order to conduct the activity or do the work covered by the order until the building-and enforcement officialAdministrative Official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. - Violation of an order to stop activity constitutes a separate offense under the provisions of section 15.24.020. E. Citations. tt - Whenever the : - lll V1U111U . . - • -- - • officialAdministrative A iniL+ tY ti[ e Official determines that administrative effort to m1111J11 aLl JV V l correct violations of this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceedings for such violation or violations.- In addition to any other means authorized by la fir initiation o f criminal complaints, 'die building law 1V1 initiation of criminal VV111 1111. VU11U111 U11U - -- - • _ . Administrative Official has the authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear - or if upon in h has reasonable cause t 254 believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The building and enforcement officialThe Administrative Official is hereby granted the authority to and shall directly file such citations in a court with the Yakima County district court,competent jurisdiction which filing shall constitute a lawful complaint for initiating criminal charge for violation of the ordinance codified in this title.- The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. -It shall be the responsibility of the prosecuting authority of the county /cityappropriate jurisdiction to prosecute such cases in the name of the city /county /city. (Ord. 3019 §68, 1987; Ord. 2917 §1 (part), 1986), 15.25.070 Collection of Civil Penalties. The building and enforcement officialAdministrative Official and the prosecuting authority of the county /city are hereby authorized to take action to collect and /or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil penalty would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle or compromise any civil penalty in an amount deemed appropriate by such authority. (Ord. 2917 §1 (part), 1986) 15.25.080 Disposition of Civil Penalties Collected. Any civil penalties assessed herein and collected shall be paid into the general fund of the county /city. (Ord. 2917 §1 (part), 1986) 255 • Chapter 15.27 Critical Areas TABLE OF CONTENTS Part One GENERAL PROVISIONS Part Two DEFINITIONS Part Three APPLICATION AND REVIEW PROCEDURES Part Four FLOOD HAZARD AREAS Part Five FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM Part Six WETLANDS Part Seven GEOLOGICALLY HAZARDOUS AREAS Part Eight CRITICAL AQUIFER RECHARGE AREAS Appendix A Designated Type 2 Stream Corridors 256 Chapter 15.27 Part One GENERAL PROVISIONS Sections: 15.27.100 Chapter and Authority 15.27.110 Language Interpretation 15.27.120 Purpose of Chapter 15.27.130 Intent of Chapter 15.27.140 Applicability 15.27.150 Science and Protection of Anadromous Fish 15.27.160 Administrative Authority 15.27.170 Severability 15.27.100 Chapter and Authority Ch. 15.27 is established pursuant to RCW 36.70A.060 (Growth Management Act Natural Resource Lands and Critical Areas -- Development Regulations), RCW Ch. 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the National Flood Insurance Program, pursuant to Title 42 of the Code of Federal Regulations (CFR). This chapter shall be known as the "Critical Areas Ordinance of the City of Yakima, Washington." 15.27.110 Language Interpretation Unless specifically defined in Part Two ( §§ 15.27.200 — 299C), words, phrases and terms in this chapter shall be interpreted to provide meaning and to give this chapter it's most reasonable application. a. "shall" is mandatory; b. "may" is discretionary and does not impose a requirement; c. "should" is always advisory; d. "include(s)" means the containment within as a subordinate part of a larger whole. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular. 15.27.120 Purpose of Chapter The purpose of Ch. 15.27 is to establish a single, unifoiin system of procedures and standards for development within designated critical areas within the incorporated City of Yakima and its Urban Growth Area. 15.27.130 Intent of Chapter • 1) Ch.15.27 establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood Insurance Program. Wetlands, streams, stream corridors 257 and rivers, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas: freauentiv flooded areas: and geologically hazardous areas constitute the City of Yakima's critical areas pursuant to WAC 365 -190 -030. These areas are of special concern to the people of the City of Yakima and the State of Washin on because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to: a) Preserve development options within designated critical areas where such development will result in the level of "No net loss" of the functions and values of the critical areas; b) Where appropriate, avoid uses and development which are incompatible with critical areas; c) Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection; d) Conserve and protect essential or important natural resources e) Protect the public health, safety, and general welfare; Further the goals and policies of the Yakima Urban Area Comprehensive Plan; Washington g) implement the goals and requirements of the `VY ashington Growth Management Act (RCW Chapter 36.70A), and the National Flood Insurance Program (CFR Title 42); h) Recognize and protect private property rights; i) Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of Adjustment, Reasonable Use, and Non - Conforming Use and Facility provisions; 2) The policies, standards and procedures of this chapter are not intended to: a) Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; b) Result in an unconstitutional regulatory taking of private property; c) Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the propert d) Presume that regulatory tools are the only mechanism for protection; and e ) Pr the use of v alid w at e r rights. 15.27.140 Applicability 11 The nrnvicinnc of this nhanter shall annly fn any new rlevelnnment construction, or use within the incorporated portion of the City of Yakima and its Urban Growth Area designated as a critical area and upon any land • mapped and designated as a special flood hazard area under the National 258 Flood Insurance Program. However, this chapter does not apply to the situations below, except that the Flood Hazard protection provisions of 15.27 Part Four will continue to apply as determined by §§ 15.27.400 -406: a) Within designated critical areas, there may exist lots, structures, and /or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and /or uses shall be classified as legally non- conforming uses. 1) It is the intent of this chapter to pelriiit these pre - existing legally non - conforming uses and structures to continue until such time as confoiuuity is possible; i. Critical areas on federally owned lands are not subject to the provision of this chapter; ii. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter; ii. Mining, as defined in § 15.27.265, which is carried out under a Washington Department of Natural Resources reclamation pei is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, over steepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply. 2) The adoption and amendment dates of the relevant regulations are provided below; i. Critical Areas Ordinance adopted 1998; ii. Flood Hazard Ordinance adopted 1981. 2) Other rules and regulations, including the City of Yakima Subdivision Ordinance (YMC Title 14), the City of Yakima Urban Area Zoning Ordinance (YMC Title 15), and the Buildings Ordinance (YMC Title 11), shall remain in full force and effect as they apply to a designated critical area. Wherever the requirements of Ch. 15.27 conflict with the requirements of the Yakima Urban Area Zoning Ordinance, the Subdivision Ordinance or any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply. 15.27.150 Science and Protection of Anadromous Fish. This chapter has been updated consistent with the requirements for using the best available science and protection of anadromous fish as required by: 259 1) RCW 36.70A.172 Critical Areas -- Designation and Protection -- Best Available Science to he -Tsed. and 2) WAC 365 -195 -900 through 925 Growth Management Act — Procedural Criteria for Adopting Comprehensive Plans and Development Regulations – Part 9 - Best Available Science. 15.27.160 Administrative Authority (1) The City of Yakima Community & Economic Development Department – Code Administration & Planning Division shall be responsible for the general administration of this chapter. The Director of the Communit & Economic Development Department or the Director's designee shall serve as the Administrative Official of this chapter, except as noted in Part Four §§ 15.27.400 - 436. The Administrative Official shall establish procedures for implementation of this chapter. (2) A written request for an interpretation of any provision of this chapter may be submitted to the Administrative Official. Each request shall set forth the specific provision(s) to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. Interpretations shall be processed in accordance with YMC Ch. 15.22 Interpretations. 15.27.170 Severability If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances shall not be affected. 260 19Z pun `.s _zn 1g5gg am}nj ozurnuiut o} sr os prem." Floods jo s azr Jo luatudojanap `graze pztzntj ut pamooj sa w oafs `soot' zomos pun auoggdo'o; `otupojo 'sup"' sr5 pun zamm sr gars sat ;tjin pun soijgTorJ otjgnd of aarurp azTurtuTj, • `suz az }s pur spurnam `icltjrnb zamm ` /C;T1igr'irnr Ioirm oI slordun jrluautuortnua aszanpn aninjnuzno 111anazd • `.s on jtonizo luaorfpr pun uT suonrzaljr 5upnjn5az `riigrq ski pun op 5uipnput 111auzuo1TA110 9111 JO sluauzaja ajgnnjrn pun alt5r4 `aubiun polozd • sra ni jronlia u }im ajgq dumout a m Imp sluauzdolanap pun sasn purl °pnjoazd • `.spur' lno Jo asn asIm put uoijtnzasuoo an ui s zagiin • `.satotjod po rtoossr pur luautajg 2uautuozinug IrznlrM 'arm anTsuagazduto3 aiv ungzn ruuni agl luaumajdutj • : ol pau5isap suotstnozd srou 3gToads ui azrjjam jrzaua5 pur /Clops atj oTtgnd oloumzd spznpurls utnuuutuu opTnozd zaadrgo sun ,jo asodznd an sT osod.ind Jo luot' 3"1S OIFLZ (8661 `I§ L9 86 'PO) 'OLI'VOL'9£ N 'd zaps pamu5Tsap air pamjnnaz aq stain jno91.13 . stair Irogl.to tpi& a'gn.rduzooui azn win sTuauldolonop JO sasn purl &utpnjoaid suogrjn5az luauzdojanap ` " `dOL'9£ zapun `urjd oqm sluautuzano5 'Wool pampuruu `O90'VOL•9£ A1D2I ui `smj uo1$uttjsrm Jo Jo aznmsT5o7 aggJ - uo9ttzuownV Aaolnols 0Oi'LZ'SI € uauudo janap 5uTuuoJuoouoN OOL'LZ'S1 • -e . 1V • - - -- -- - - - - -- - : is • • spurnaM OIVLZ•SI satjddn zaadngo siq goitjm spur-' 00£'LZ•ST • asodznd jo +uautamS OI I'LZ'S I uonrzuo itoTnR1Tg 00I'LZ'S1 SVa2IV 'IV�I.LRI� LZ'SI aaldngD • Ensure that those who occupy the areas of special hazards assume the b nefit of any individual person or group of persons other than the general public. In the event of a conflict between the intent of this subsection and any other provision of this chapter, this subsection shall govern insofar as is applicable. PART TWO— DEFINITIONS 15.27.200 Definitions Generally Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to - - - • - - . • "" • tr.. , • - and terms as used in this chapter shall have the following meaning ascribed to them, unless a different meaning clearly appears from the context. (Ord, 98 67 §1, 1998) 15.27.201 Act The Growth Management Act. 45.27.202 Adjacent For the purpose of critical areas, or within 300 feet of a critical arca. 15.27.203 Administrative Authority Those public officials authorized by this chapter to administer the provisions and employ the procedures set forth in this chapter. 15.27.204 Alteration Any human induced action which adversely impacts the existing condition of a critical area. Alterations include, but are not limited to: grading; fiThg relocating or removing vegetation; applyin: - - :• • : - - • • : - s . - hazardous or toxic substance; discharging pollutants excepting storrnwater; grazing domestic animals; paving, construction, application of gravel; that adversely impacts the existing vegetation, hydrology, wildlife or wildlife . - - ••4 other similar activities. 15.27.205 Appeal A-request for a revie w of th interpre . • . - - . . . this-ellapter or a request for a variance. 262 £9Z 'OLI 'VOL'9£ Mali zapun pairaisap sr tram uoirnzasuoo tungru ajijppm pur tlsid • put :state snopzrzrtl Aiir • stiazr papoo4puanbaz,d • `.zattm ajgr,tod zoj pasn szajinbr uo loajja 5ui2z• . . • - • - • - •. tspurpam • suaau ivauraD biZ'LZ'SI •a5rcgoaz wag uojruiuu uoo algtuaujnA azt yelp put; zaWm ajquiod zo' aaznos r sr uaiu a autpaaa aapnbu juapilD £IZ'LZ - SI •zajjnq r sr luatuasra atp. jo asodznd /zrutud alp awtzlsng pjnom lute saptikpor JO saznion.T zatla.o JO uoprngrq uruznq zoj popuani (s)1uautanozdun 5utpjinq sapnloazd 3uatuasua 110911n.13SUOD ZJ'LZ•SI •su Out zatpo /cur JO `jrotutotjo `froiuntloaut `jroisigd /cq iruaicut Turjd Oiurazo i q o zo uo9rlaf3an,jo 1pnoutaz zo 5umno aqj, ' - - -- • -'` - -. • . • -• •- �i� OIZ'LZ•SI • /c}iiigms adojs s3oalozd Haulm aaj�ng 60Z'LZ•Si alp ui sjrualruz aorpnsgns put ao1Jzns jo uo Siolos pasta zajinbn auk o� ootjzns purl 0jT uzo1J OAOtu ura s3utuiu1t31100 tlaujm trim ast;a atlZ •5uuds JO Ham r o3 /alum JO 3unotur iurogiu is r 5utpjaiiC Jo 0144ThEltaa st imp uogtuuoJ r jo 3.trd zo suopruuoj jo duo/5 `uogruuoj jrapojoa2 .iajinbV LOZ'LVSL •apoa s ant1Jisuas atl3 zapun mainaz 3aafgns lrnotddr JO Iiuuod `jrsodozd 3uauzdojanap t zo' soijddr Haulm ssauisnq 10 uoszNt-irtiV 3uuaijddV 90Z'LZ`SI 15.27.215 Critical Arca Maps Mans arc contained within the Yakimn Urban Aron Cmmprehcncivc Plan Natural Environment Element, including Wetlands, Aquifer Characteristics, areas. . - . - - - - • . - _.rics of Essential Facilities, Hazardous Table No. 23 K (1988). These facilities include, but are not limited to, schools, hospitals, police stations, fire departments and other emergency response , . - : . _ . -- s. Critical facilities also include sites of hazardous materials storage or production. 15.27.217 Department 15.27.218 Development _ :r other structures; mining; dredging; filling; grading; paving; disturbance of vegetation; excavation or drilling operations located - . :. • . -- : creel under-the provision of City Zoning Ordinance or an application submitted pursuant to the Yakima Subdivision Ordinance. 15.27.220 Director The director of the Department of Community and Economic Development. 15.27.221 Disturbance of Vegetation Any action taken by any person within or adjacent_ to a wetinnd- which -alters the nature and character of the vegetation. 15.27.222 Enhancement �rea. 15.27.223 ErosionDefinitions listed in Part Two of this document shall be applied to the regulations, review, and administration of all critical n , 411 SIUO, 111V1 UU111r 1 1VVU 11ULU1 U 2 X11'U0 according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. 264 Land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations arc not created. 15.27.225 Fish and Wildlife Conservation Areas • - . • - • - .. - • ercd, threatened and sensitive species ha association. Habitats and species of local importance which include a seasonal range or habitat element with which a given species has a primary association . . -; : :. - - _ , unless the definition itself identifies the term- -_ of local concern due to their population status or their sensitivity to habitat • -. • • • g ponds under twenty acres and their-submerged aquatic beda that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than thr e years duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from . - . • - .: - . - 'gate conversion of ponds, if permi - . . . - _ authority. .. - .. . • - . . - . , • -, - • _ • - , . Wildlife. State natural ar a preserves and natural resource conservation areas. Waters of th State as established in • : e e. 15.27.226 Ceologically Hazardous Arena Areas that because of their susceptibility to erosion, sliding, earthquake, or ether geological events, arc not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. All lands within the City will be classified as eithc - : ; : intermediate risk, as shown on Map IX 5, Yakima Urban Ar Comprehensive Plan Geological hazards include: Erosion as applying to Flood Hazard Areas: Identified as having high or very high water erosion hazard by the U.S. Department of Agriculture Soil Conservation Service as supplied by the SCS area officcadministration, in which case the definition only applies to that situation. 265 - • • : . - • : A V A • _ ound that rises at an inclination of '10% of ten feet or more for every twenty five feet of horizontal distance). A slope is delineated -by establish' +: - - . averaging the inclination over at least ten feet of vertical relief. .. . . - : ; : graphic break in slope which separates slopes inclined at least than '10% from slopes equal to or in excess of/10%. Where no distinct break in slope exists, the top of slope shall be the uppermost limit of - . - . - - - - : ound surface drops ten feet or more vertically within a horizontal distance of twenty -five feet. Top of a slope is a distinct, to : - . - opc that separates slopes inclined at less than 10% from slopes equal to or in excess of '10 %. Where no distinct break in slope exists, the toe of a steep slope is the lowermost limit of horizontal distance of twenty five feet. 15.27.227 Geologist A person who has earned a degree in geology from an accredited college or uni-versity or a person who has equivalent educational training and has experience as a practicing geologist. 15.27.228 Ccotechnical Engineer A practicing geotechnical/civil—engineer licensed as a professional Civil precessional employment as a geotechnical engineer with experience in landslide evaluation. 15.27.229 Grading Any excavation, filling, removing of earth on any piece of property within the City 1527;230 Ground Water Water in a saturat d zone or stratum beneath the surface of land or water 15.27.231 Infiltration 15.27.232 Hazardous Substances Any liquid, solid, gas or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, V11L11111L/LL1, Vl V1V1V51VU1 [/1 VPV1 L1V■ UVJV1 IV VU 111 V11Utl LVl 1 / ✓ ✓V✓ VlV V1 1 1 303 100 WAC. 15.27.233 Hearing Examiner 266 For the purpose of this section, the Hearing Examiner shall have the same m ning as in title 15 YMC. 15.27.234 High Intensity Land Use Includes land uses which arc associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, active recreation, and commercial and industrial land uses. 15.27.235 Lot of Record the Auditor of Yakima County, Washington. Also, any parcel having a metes . . ... . - • ing outside of any plan as the same existed -pub -- - - , e - - - • I. -- of this ordinanc . 15.27.236 Low Intensity Land Use Includes land uses which arc associated with low levels of human disturbance or low wetland habitat impacts, including�nt --not�imited to, low density residential uses (less than 7 dwelling units per acre), passive recreation including trails, open space, or agricultural land us s. — 15.27.201 Abutting "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point. 15.27.202 Adjacent "Adjacent" means to be nearby and not necessarily abutting. 15.27.203 Administrative Official "Administrative Official" means the duly appointed Director of Community & Economic Development Department or a designee, or the relevant decision maker identified in Ch. 15.27 Project Permit Administration, synonymous with "administrator" or "director." 15.27.204 Alluvial fan "Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the .lace where it issues from a valle u•on a *lain or broad valle • where a tributary stream is near or at its junction with the main stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream and it slopes gently and convexly outward with gradually decreasing gradient. 15.27.205 Applicant "Applicant" means a person, party, film, corporation, or other legal entity that proposes development, construction, or use on a parcel of property. 267 15.27.206 Aquifer "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private or public water supply. 15.27.207 Bank "Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bank full depth. 15.27.208 Bankfull depth "Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross - section. 15.27.209 Base Flood. "Base Flood" for purposes of administering Part Four means the flood having a one (1%) percent chance of being equaled or exceeded in any given year. (See, IBC 1612.2) 15.27.210 Base Flood Elevation "Base flood elevation" for purposes of administering Part Four means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum, North American Vertical Datum, or other datum specified on the Flood Insurance Rate Map . (See, IBC 1612.2) 15.27.211 Basement. "Basement" for purposes of administering Part Four means any area of the building having its floor subgrade (below ground level) on all sides. (See, IBC 1612.2) 15.27.212 Bed " Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run -off devices, or other artificial watercourses except where they exist in a natural watercourse that may have been altered by unnatural means. 15.27.213 Bedrock "Bedrock" means the solid rock underlying unconsolidated surface materials. 15.27.214 Berm "Berm" means a mound or wall of earth material used as a protective barrier or to control the direction of water flow. 15.27.215 Best Management Practices "Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and structural and /or managerial practices that when used sin • 1 or in a combination • revent or reduce adverse im •acts to the environment. 15.27.216 Bioengineering 268 "Bioengineering" means project designs or construction methods, which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials, to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for the establishment of vegetation. 15.27.217 Breakwater "Breakwater" means a fixed or floating off -shore structure that protects the shore from the forces of waves or currents. 15.27.218 Bulkhead "Bulkhead" means a vertical or nearly vertical erosion protection structure ',laced 'parallel to the shore consistin_ of concrete timber steel rock or other permanent material not readily subject to erosion. 15.27.219 Building Official "Building Official" means the manager of the Code Administration and Planning Division or a designee. 15.27.220 Channel "Channel" means an open conduit, either naturally or artificially created, which �eriodicall or continuousl contains movin. water or which foinus a connecting link between two bodies of water. 15.27.221 Classification "Classification" means value and hazard categories to which critical areas and natural resource lands will be assigned. 15.27.222 Clearing "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a parcel of land. 15.27.223 Compaction "Compaction" means compressing soil or other material through some mechanical means to make it denser. 15.27.224 Construction "Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a parcel of land. 15.27.225 Construction Materials "Construction Materials" for the purpose of Part Four means all new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage (See Technical Bulletin 2 -93 for qualifying materials. (FEMA §60.3(a)(3)(ii) 15.27.226 Construction Methods 269 • "Constructions Methods" for the purpose of Part Four means all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 15.27.227 Critical Aquifer Recharge Area "Critical Aquifer rechar • e area" means an area with a critical rechar_in effect on an a•uifer s' used for •otable water or areas where a drinkin• water a•uifer is vulnerable to contamination that would affect the potability of the water. 15.27.228 Designated "Designated" means formal legislative action to identify and describe a critical area. 15.27.229 Department "Department" means the City of Yakima Department of Community & Economic Development. 15.27.230 Development "Development" means the division of land into lots or parcels in accordance with the City's Subdivision Ordinance (YMC 14), and ny clearing, a.� .,�ear�r� , excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a parcel of land up to, but not including, construction as defined in this chapter. For the purpose of §§ 15.27.400 - 436, "development" also means any manmade change to improved or unimproved real estate located within a special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of anhiip an d u l n rk Q defined in thi c h a rst ei (C TRf (1' '701 • 7) n r r � 15.27.231 Dike "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee. 15.27.232 Dock "Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. 15.27.233 Dredging "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this chapter or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines, or Critical Areas permits were required for such operations. 270 15.27.234 Earth Material "Earth material" means any rock, natural soil, organic material or combination thereof. 15.27.235 Enhance "Enhance" means to strengthen any of the basic functional properties listed in § 15.27.504 that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor. 15.27.236 Ephemeral Stream "Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association, usually 30 days or less per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape. 15.27.237 Erosion "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water, or ice. 15.27.238 Excavation "Excavation" means the mechanical removal of earth material. 15.27.239 Fill "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill. 15.27.240 Flood "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. 15.27.241 Flood Hazard Permit "Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter. 15.27.242 Flood Insurance Rate Map "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 15.27.243 Flood Insurance Study 271 "Flood insurance study" means the official report provided by the Federal Fmergencv Management Agennv that includec find nrnfile z the flnnri boundary - floodway map, and the water surface elevation of the base flood. 15.27.244 Floodplain "Floodplain" means a land area adjoining a river, stream, watercourse or lake which has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered as per FEMA FIRM Maps. "Flood plain" is synonymous with the one hundred (100) year floodplain and means that land area is susceptible to inundation with a one (1) percent chance of being etc ualed or exceeded in any given year. 15.27.245 Flood -prone "Flood- prone" means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data. 15.27.246 Flood - proofing "Flood- proofing" for purposes of administering "Part Four" means any combination of structural and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to lands, water or wastewater treatment facilities, structures and contents of buildings. 15.27.247 Floodway "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. 15.27.248 Floodway Fringe " Floodway ti for purposes of administering Part Four means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters. 15.27.249 Grade I "Grade means the vertical location of the ground surface. 15.27.250 Grade, Existing "Grade, Existing" is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. 15.27.251 Grade, Finish "Grade, Finish" is the final grade of the site which conforms to an approved plan. 15.27.252 Grade, Natural 272 "Grade, Natural" is the grade as it exists or may have existed in its original undisturbed condition. 15.27.253 Grade, Rough "Grade, Rough" is a stage where grade confolins approximately to an approved plan. 15.27.254 Grading "Grading" means any excavation, filling, or combination thereof. 15.27.255 Groundwater "Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water - bearing formation. 15.27.256 Hydrologically Related Critical Areas (HRCA) "Hydrologically related critical areas (HRCA)" include all those areas identified in § 15.27.502, which are important and deserving of protection by nature of their value for the functional properties found in § 15.27.504. 15.27.257 Hyporheic " Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. 15.27.258 Intermittent Streams "Intermittent stream" means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than 30 days per year. Groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. 15.27.259 Lake or pond "Lake or pond" means an inland body of standing water. The teiul can include the reservoir or expanded part of a river behind a dam. 15.27.260 Lowest Floor The-``Lowest floor" for purposes of administering Part Four, means the lowest floor of the lowest enclosed area (including basement).- An unfinished or flood : resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building'sbuilding's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this chapter found at Part Four. 15.27.237 Habitable Floor - °:. ..- - - • -- - - .. . •" .. - - -- - -- -- -. . ' :. . . : • purposes is not a "habitable floor." 273 1 527 . 26 1 mu :di ufa . LUr eu i"untie "Manufactured home" means a structure fabricated on a peinianent chassis that is transportable in one (1) or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities and is used for human occupancy as a residential dwelling. The term "manufactured home" shall include "mobile home" for regulatory purposes under this chapter. The teiiir shall not include "recreation vehicle." "commercial coach," "camping vehicle," "travel trailer," "park trailer," "tip- out," and any other similar vehicle, which is not intended, designed, constructed or used as a single- family dwelling. 15.27.262 Manufactured Home Park or Subdivision "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale pursuant to Title 15 of this Code. 15.27.263 Manufactured Home Park or Subdivision, Existing "Existing manufactured home park or subdivision" means a manufactured home park or subdivision that was completed before December 15, 1981, the effective date of the floodDlain management regulations. 15.27.264 Minerals "Minerals" means gravel, sand and metallic and non - metallic substances of commercial value. 15.27.265 Mining "Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. (See also § 15.27.518 Dredging and Excavation). 15.27.266 Minor Revision "Minor Revision" for the purpose of this chapter is as follows but not limited to: minor changes in facility orientation or location, minor changes 1 structural design that does not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure etc.). 15.27.267 Native "Native" means indigenous to or originating naturally within the City of Yakima and surrounding areas. 15.27.268 Natural Conditions "Natural co nditi o ns" means those co nditi o ns w hich arise from or are found in nature and not modified by human intervention. 15.27.269 New Construction 274 "New construction" for purposes of administering Part Four, means start of construction after construction plans were submitted to the City and the Building Division reviewed and approved the construction plans to create a structure. 15.27.270 Non - Conforming Structure "Non- conforming structure" for purposes of administering Part Four, means a structure, which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment, to confoiui to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with the applicable elevation and /or flood - proofing requirements. 15.27.271 Non - Conforming Use "Non- conforming use" for purposes of administering "Part Four ", means a use of land or structure, which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not confoinu to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a new use under the terms of this chapter because the use may not be in conformance to the applicable elevation and /or flood - proofing requirements. 15.27.272 Normal Appurtenances Normal Appurtenances includes: garages, deck, driveways, utilities, fences, and grading, which do not exceed two hundred fifty (250) cubic yards. 15.27.273 Normal Repair "Nounial repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction. 15.27.274 Ordinary High Water Mark (OHWM) "Ordinary high water mark" means a mark on lakes and streams which can be found by examining the bed and banks and ascertaining where the presence and action of waters are common and usual, and so long continued in ordinary years as to create a character mark upon the soil distinct from that of the abutting upland. 15.27.275 Perennial Stream "Perennial stream" means a stream that flows year round in normal water years. 15.27.276 Project Site "Project site" means that portion of any lot, parcel_, tract, or combination thereof which encompasses all phases of the total development proposal. 15.27.277 Qualified Professional 275 "Qualified Professional" means a person with experience, training, expertise, and related work experience appropriate for the relevant critical area subject in accordance with WAC 365- 195 -905 4 . The professional shall provide their qualifications to the Administrative Official to insure the professional has the acceptable level of qualifications and experience for the relevant critical area they will be working in. 15.27.278 Recreation Vehicle "Recreation Vehicle" means a vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection: (3) Designed to be self - propelled or permanently towable by a light -duty truck; and (4) Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal conditions. 15.27.279 Restore "Restore" means to re- establish the basic functional properties listed in 15.27.504 that have been lost or destroyed through natural events or human activity with measures such as re- vegetation and removal or treatment of toxic materials. 15.27.280 Restoration "Restoration" Does not imply a requirement for returning the site to aboriginal or pre- European settlement conditions rather the return of a critical area with vegetation and addressing any toxic materials from the date of the peiruit. 15.27.281 Revetment "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents. 15.27.282 Riparian vegetation "Riparian Vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. 15.27.283 Riprap "Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. 15.27.284 Scour "Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure. 15 .27.285 Shoreline 276 "Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 and the City of Yakima's current Shoreline Master Program (definitions). 15.27.286 Shore Stabilization "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the purpose of controlling stream undercutting, stream erosion or lake shore erosion. 15.27.287 Single- Family Dwelling "Single- family residence" means a detached dwelling designed for and occupied by one (1) family, including those structures and developments, which are a normal appurtenance. 15.27.288 Slope "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 15.27.289 Solid Waste "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. 15.27.290 Special Flood Hazard Areas "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one (1) percent or greater chance of flooding in any given year. Commonly known as the one hundred (100) year floodplain. 15.27.291 Start of Construction "Start of construction" for purposes of administering Part Four, means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or land preparation, such as clearing, grading and filling, the installation of streets or walkways; excavation for a basement, footings, piers or foundations, or the erection of temporary forms. 15.27.292 Stream "Stream" means water contained within a channel, either perennial, inteiniittent or ephemeral. Streams include both natural watercourses or those modified by man (Example: stream flow manipulation, channelization, and relocation of the channel). They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. 15.27.293 Stream Corridor 277 "Stream corridor " as used in this chaster means features listed and described in S 15 77.507 15.27.294 Structure "Structure" means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height and include gas or liquid storage tanks when located above ground. 15.27.295 Substantial Improvement "Substantial improvement" for purposes of administering Part Four means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the assessed value of the structure either: (1) Before the improvement or repair is started; or (2) Before the damage occurred to a structure. (3) For the purposes of this definition "substantial improvement" occurs when the first alteration of an wall ceilin • floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to March 4, 1986, the effective date of this title, shall be used to define "substantial improvement" for said structure. The term does not, however, include either: (a) Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register or Historic Places or a state inventory of historic places. 15.27.296 Use "Use" (See "Use as defined in ch. 15.02). 15.27.297 Utility Equipment • "Utility Equipment" for the purposes of Part Four means all electrical, heating, ventilation, plumbing and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 15.27.298 Vegetative Buffer or Buffer "Vegetative buffer or Buffer" means an area extending landward from the ordinary high water mark of a lake or stream and /or from the edge of a wetland which is maintained or otherwise allowed to provide support for the perfoiuiance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical areas as set forth in §§ 15.27.504 Functional Properties and 15.27.603 Wetland Functions and Rating. 15.27.299 Wetland 278 "Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non - wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. 15.27.299A Wildlife "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. 15.27.299B Wildlife Habitat "Wildlife habitat" means an area, of climate, soils, vegetation, relationship to water, location and or other physical properties which are identified as having a critical importance to the maintenance of wildlife species. 15.27.299D Works "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutments, projection, excavation, channel rectification, or improvement. 279 CHAPTER 15.27 PART THREE APPLICATION AND REVIEW PROCEDURES Sections: 7.: x ,- .t.,q .:.... . _ ..- ..: -"-:.. -:,r, -' - °vcw,, •'. �^�:"Ca , w:g`9J„'- =�"'s" y�.' . ; . �;:, .,.,,oS'"`G."te - - : � "^ _ . 15.27.300 Critical Area Development Authorization Required .3 :y 15.27.301 Critical Area Identification Form and Critical Areas Report Requirements 15.27.302 Pre - application Conference F 7'°ar-- 1 ..,,��:�.. _ �,.;.,.,."-' �'=` F._,_ �,° �°', �-; s�': �'<. ,�,",- r.�<e•�•s:ga;''�;�:vr >t', -�.:?.:a.�"`°:N°,, --•., ,,,.�.,.�,;� �,•fi 1^,' -:.. � � Abbreviated 1tev�e�v.Alternahyes .,, � �. 15.27.303 Activities Allowed without a Permit or Exemption 15.27.304 Exemption - Procedural Requirements. 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas, Wetlands 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development Authorizations 15.27.307 Mitigation requirements The use of any or all of the following actions that are listed in descending order of preference: mss?= .`�tr'�sv'?�;�: ;a'� = . "fc,.�,, �._- , f `.4s��_'^..'re.� .,e=- E? :`>z'�:�^° rg.�?', <. ""'., '"�>:`�� >,, "n; yk ''` ..y 'c � 7s^� R�� x3 .gym �.�.��.�e��.�'3�,{��.�.4 � ' � �,. � ` : ,�� , 15.27.308 Application Submittal 15.27.309 Determination of Review Process 15.27.310 Development Authorization — Review Procedure 15.27.311 Authorization Decisions — Basis for Action 15.27.312 Conditional Approval of Development Authorization 15.27.313 Fees and Charges ..�.a,�.,, tical> eas.R� n orts�:- ��;..._ •r- ��= .. ::�,..:r,�ar=: ; � =.d 15.27.314 Critical Areas Report Requirements 15.27.315 Supplemental Report Requirements for Specific Critical Areas L e.e:+rny- ,�'1.4:aiy ,:,�_ s' :.=:?C�v�°5- e ',�`° -' ,^= �" ��.�+''' 4 ,°','s"'.�.:.f.:. •-,; ... ..,.v'- .,'i`. •:T'-°�-..'. .. fie" Lr "�'�"' ".''.. ," y .,�``"•' ix+e` i's3: � - vR X:: " " } - '.' �.M3&?- r..v.!aj. .:� . r ^ : permYtR�vie�v� +�r�ter�a- 15.27.316 Standard Development Permit 15.27.317 Adjustment 15.27.318 Reasonable Use Exception 15.27.319 Minor Revisions to Approved Uses or Developments 15.27.320 Non - Conforming Uses and Facilities 15.27.321 General Critical Areas Protective Measures 280 :`. %.A ;enpral rnv�c� _'3 15.27.300 Critical Area Development Authorization Required • (1) No new development, construction or use shall occur within a designated critical area without obtainin! a development authorization in accordance with the provisions of this chapter, except for those provided for in * 15.27.303 Activities Allowed. Exemptions, as provided for in §§ 15.27.304 through 15.27.306, shall be considered as development authorization. (2) With respect to applicatio and r eview procedures it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state and /or federal permits or authorizations. Development, construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt. (3) Approval of a development authorization under this chapter shall be in addition to, and not a substitute for, any other development peiniit or authorization required by the City of Yakima. Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction or use. (4) Development authorizations issued in accordance with this chapter shall continue with the land and have no "sunset clause" unless otherwise stated in the development authorization. (5) Coordination with Other Jurisdictions. (A) Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the Administrative Official shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization, or whether a separate critical area development authorization application and review process is necessary. The decision of the Administrative Official shall be based upon the following criteria: (i) The nature and scope of the project and the critical area features involved or potentially impacted; (ii) The purpose or objective of the permit or authorization and its relationship to protection of the critical area; • (iii) The feasibility of coordinating the critical area development authorization with other permitting agency; (iv) The timing of the peuuit or authorization. (B) When a detei ination has been made that provisions of this chapter can be handled through another applicable development permit or authorization process, project proponents may be required to provide additional site plans, data and other infoiniation necessary as part of that process to ensure compliance with this chapter. The Administrative 281 Official's decision on the critical area development authorization shall be coordinated to coincide with other peiuiits and authorizations. The Administrative Official may determine to accept the development authorization and /or permits from the other reviewing agencies as complete compliance with the city's critical area ordinance. f InquirYand Early Assistance - � -� ��'` 3 °; z 15.27.301 Critical Area Identification Form and Critical Area Report Requirements. 1. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the City with a Critical Areas Identification Fouir and site plan and any other information the City may require to determine if a critical area is present. 2. Upon receipt of a Critical Area Identification Form and site plan, the Administrative Official or designee may conduct a site examination to review critical area conditions. The Administrative Official or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner. 3. The Administrative Official or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with § 15.27.314 Critical Areas Report Requirements and § 15.27.315 Supplemental Report Requirements for Specific Critical Areas, except as provided below: i. No critical areas present. If the Administrative Official or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and / or a critical area report is not required. ii. Critical areas present, but no impact. If the Administrative Official or designee is able to detennine the existence, location and type of critical area and the project area is not within the critical area and or the project will not have an indirect impact on the function of an adjacent wetland. iii. Critical areas may be affected by a proposal. The Administrative Official or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if: 1. The Administrative Official is sufficiently able to determine the existence, location and type of the critical area; 282 2. The project scale or nature is such that a sp is not n to id impacts and mitigation; and, 3. The applicant agrees to provide mitigation the Administrative Official deems adequate to mitigate for anticipated impacts. 4. Reports will generally fall into the following groups: i. Determining the absence of a critical area; ii. Determining the existence, location and type of a critical area iii. Determining impacts of an encroachment on a critical area and general mitigation measures; and iv. Developing a compensatory mitigation plan. 5. The Administrative Official or designee shall base wetland boundary determinations on those criteria specified in the Washington State Wetlands Identification and Delineation Manual (1997). Wetland mitigation adequacy determination by the Administrative Official shall be consistent with the Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). 15.27.302 Pre - application Conference Any new development or use falling under the provisions of this chapter may be subject to a pre - application conference. Prior to the pre- application conference, the project proponent must submit a Critical Area Identification From and preliminary site plan. A project review for flood hazards shall follow the pre - application • requirements established to administer Part Four Flood Hazard Areas. The pre- appllcatioil conference is intended to allow the Administrative Official or designee to: (1) Establish the scope of the project and identify potential concerns that may arise; (2) Identify permits, exemptions, and authorizations, which the project proponent may need to obtain; (3) Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization; (4) Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and (5) Determine whether there is a need for a preliminary site assessment. • - � >- ;::Ablirev�tedIteve � _� #�rnati � `- _'�w�r - :�� =1 15.27.303 Minor Activities Allowed without a Permit or Exem i tion. 1) This chapter shall be inapplicable to the following actions (15.27.140(2)): a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area 283 or its buffer. Examples include: mowing lawns, weeding, garden crops, •runin: and •lantin: of non - invasive ornamental ve etation or indigenous native species to maintain the general condition and extent of such areas; b) Minor maintenance and /or repair of structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, re- roofing, etc. Cleaning , operation and maintenance of canals, ditches, drains, waste ways etc. is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers; c) Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research; d) Creation of private trails that do not cross streams or wetlands that are less than two (2) feet wide and do not involve placement of fill or grubbing of vegetation; e) Maintenance and normal work of the Greenway pathway and grounds; f) Planting of native vegetation; g) Noxious weed control outside vegetative buffers identified in § 15.27.514; h) Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable: i. Hand removal /spraying of individual plants or other acceptable method approved by the administrative official; ii. No area wide vegetation removal /grubbing. 15.27.304 Documented Exemption— Procedural Requirements. The following development activities are exempt from standard development permits, except that Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. Exemption from this chapter shall follow procedures 6 a) below, and does not under any circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense, according to § 15.27.521 Reclamation. 1) Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this chapter. 2) If any part of a proposed development is not eligible for an exemption, then a development permit is required for the entire proposed project. 3) The burden of proof that a development or use is exempt is on the applicant. 4) When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development must also obtain an Adjustment. 284 5) All exempted activities shall use reasonable methods to avoid potential imp to rritiral ar 6) The proponent of an exempt activity shall submit a written request for a documented exemption which states the following; a) Why the exemption is being sought. b) A project description that demonstrates the following: i) The sequence of activities to be conducted, ii) The equipment to be used (hand or mechanical), iii) The best management practices to be used, iv) The efforts employed to minimize adverse impacts, and v) Restoration for disturbed areas following the activity including mitigation for lost wetland functions. 7) The Administrative Official or designee shall approve or deny the exemption. A formal letter of exemption shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the Administrative Official or designee shall notify the applicant in writing, stating the reason for denial of the exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity to a level that would justify reconsideration. 8) The following activities are exempt from the standard development peljliit process and identified in the following locations. However, this provision does not exempt an activity from other parts, permits or reviews required under Ch. 15.27: a. Those activities listed in § 15.27.305 Exemptions for Hydrologically Related Critical Area Features and Wetlands; b. Those activities listed in § 15.27.306 Exemptions for Geologically Hazardous Areas; and, c. Those activities listed in § 1.5.27,403 are exempt from the Flood Hazard Permit requirements of "Part Four" Flood Hazard Areas. 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and Wetlands f The following development activiti s are exempt standard development - -- -o - - ±� e x � from st�...da.:l d., ✓elopme _nt penults, except that Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. (1) Construction of a single - family residence and appurtenances where the residence and appu ienances 1ileet aii re iiirelilcilts C1f the City of ��akl and do not lie within a designated critical area or buffer (See Single- Family Dwelling and Normal Appurtenances definition §§ 15.27.287 & 15.27.272). Applications for development within critical areas or 4L ____ 1___rl`..___ shall fo l „__- t __r,...,..1._r .- f 1 G ','l 3 1 '7 Adjustments. ..nt� L11G11 UU11c1J ,11GU1 1V11UW Lllc procedures U1 1J.G!.J1 / i- UJUJ1111 c11LJ. a) Construction shall not involve placement of fill in any wetland or at locations waterward of the ordinary high water mark; and 285 b) Construction authorized under this exemption shall be located landward of the ordinary high water mark. (2) Single - Family residence bulkheads, which includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting the single - family residence and appurtenant structures from loss or damage by erosion. a) Normal protective bulkheads are not exempt if constructed for the purpose of creating dry land. b) Bioengineering options shall be considered by the Administrative Official or designee prior to exemption of (b) & (c) below. c) When repairing an existing bulkhead by construction of a vertical wall it shall be constructed no further waterward of the existing bulkhead. d) Bioengineered erosion control projects may be considered a bulkhead when the project has been approved by the Department of Fish and Wildlife; (3) Normal maintenance or repair of existing structures or development, including damage by accident, fire, or elements are exempt, but may require a building permit. (See § 15.27.273 Nounal Repair). a) Except where repair involves total replacement or causes substantial adverse effects to the environment. b) Replacement of non- confouning uses or facilities may also be subject to Ch. 15.19 Non- confouuing Uses and Facilities; (4) Emergency construction for protecting property from damage by the elements. The following criteria must exist to qualify any action under an emergency provision: a) There must be an immediate threat to life, public or private property, or the environment arising from a natural condition or technical incident. b) The emergency response must be confined to the action necessary to protect life or property from damage. c) The scope of the emergency response must be limited to the work necessary to relieve the immediate threat. d) The emergency response applies only to the period of time when the actual emergency exists. e) The request must be accompanied by a pen application or for an emergency exemption. Submittal requirements may be waived until after the emergency is deemed abated, and at that time the property owner shall submit an emergency mitigation summary to the City of Yakima; (5) Construction of a dock for the use of a single - family or multiple - family residence; (6) The construction of canals, waterways, drains, reservoirs, or other manmade facilities as a part of an irrigation system; 286 • (7) Any project with certification from the governor pursuant to RCW R0.50 (Fnercr, farilitiac site 1,-, 8 Watershed restoration .ro'ects pursuant to RCW 89.08.460; (9) Site exploration and investigation activities required for a development permit provided that: a) The activity will have no significant adverse impact on the environment, b) The activity does not involve the installation of any structure, and c) Upon completion of the activity, the vegetation and land configuration of the site are restored to conditions as they existed prior to the activity; (10) The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW (SEPA); (11) A public or private project to improve fish or wildlife habitat or fish passage, if: a) The project has been approved by the Department of Fish and Wildlife: b) The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code); c) The Administrative Official has deteimined that the project is consistent with this chapter. d) Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat Enhancement Proiects) are deemed to be consistent with this chapter. (12) Hazardous substance remedial actions pursuant to chapter 70.105D RCW (Model Toxics Control Act). 13 The removal of trees which are hazardous posing a threat to public safety, or pose an imminent risk of dama ge to private or public property, from critical areas and their buffers. 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development Authorizations The following development activities are exempt from standard development permits that are required for Geologically Hazardous Areas: (1) Additions to or alteration of existing single- family residences. (2) Uses and surface disturbances (clearing and grubbing) that do not � �.lude excavation, fill �t . aio include cx�a'vatuvu, ii YO or irrigation; (3) Structures less than one hundred and twenty (120) square feet; and (4) Oil, gas, wind or other exploration that does not include explosions, road construction, excavation or fill. 287 15.27.307 Mitigation requirements (1) All mitigation shall be sufficient to maintain the functions and values of the critical area. (2) All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas; and (3) When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for in the following order of preference: (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing impacts by limiting the degree &for magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps. (i.e. project redesign, relocation or timing, to avoid or reduce impacts); (c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment as appropriate; (d) Reducing or eliminating the impact over time by preservation Of and maintenance operations during the life of the development proposal;; (e) Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and cnvironment;resources or environments; or (f) Monitoring the impact and taking appropriate corrective measures. 15.27.238 Monitoring Evaluating the impacts of development proposals on the biological, hydrologic geologic elements of such systems and assessing the performance of required mitigation measures. This may be done through the collection and analysis of data by various methods for the purposes of understanding and baseline data. 15.27.239 Native Vegetation and which reasonably could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. 15.27.240 Natural Disasters Events caused by natural processes resulting in the loss of life and /or property, including flooding, landslides, erosion, volcanic eruptions, or seismic events . . , , . . . - . . . . Areas potentially subjcct to natural disasters 15.27.242 Ncw Construction 288 68Z •TTT011n !1110 Tn 777011, , Tn 1177,71, S,1 Tn 7771 710 11 /11 177,,»111» 7!1 777 11,77,10777 os❑ alquuosuag 6I'Z'LZ'ST • . • •Tuauiu_zano5 Tuiapad auT nq lions su pozuz ooai ogtiT uutpui Xuu io `.Joaiotip oprps nuu io sapupS `sp l sip asodtnd moods `suotpuiodioo Tcdioiunut o; pouutij you pnq 5utpniou• owls sup Jo Tuautu.tano5 pool jo plan io `uotstntpgns iuoiTiiod `iiouo t iuy Aauay aiIgnd LVZ'LZ'ST •/C1.13 auT ui in000 uallo Tou op `suns of T cpuautuoiinua io iuoiuupoq iaupo Jo' io 'Tog io `ponionui sazoads aup io IMICICu auT JO nTiici atti jo asn'oaggoictm ath uuoj puns u uo sazoads lucid aiout io auQ • _ ••v _- • -! .- -a jr • • . . v - - i v &v a •Tuautanouz 5utsnuo aoioj alp Jo Tuapuodopui si puu iajinbu aupje zT.iodoid u st TI 'ice s.uu o = a ? _ • tiu jjjo iiTiouduo aq.I AlAiquau�aad StV LZ'ST •puuidn 5uu nqu alp jo mil wag Touipsip ioTouiuuo pui? —pog --off 5uiuiuicxo Aq punoj si qoiTM saxci pay suzcaips uo }iicuz p t ) I.IULAI JaPUM uggH 11/Z'LZ'ST psis papdopu XTTuiogjo aqT si DyM OS - 9I ioTdugo ui TsTT poem snotxou owls aq.L 10 `ani godutoo `anp.onipsap icig51u si pausijqupsa uatim uoium lurid iCuy paaM snoixoM £trZ °LZ °ST auT iapJu i0 uo paouamutoa „uogon.usuoo J0 Til?Ts„ aup uoium ioj sainpon.tps •.- • - • . : ving activities which are undertaken or originate in a wetland or its buffer: • Removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; • Dumping, discharging, or filling with any material; • Draining, flooding or disturbing of the water level or water table; • Driving of pilings; • Construction, reconstruction, demolition or expansion e y structure; • Destructio or alteration of wetlands, vegetation through clearing, burning or planting of vegetation that would alter the character of a wetland; significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. 15.27.252 Restoration The actions to return a wetland or ether critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. infiltration into the ground, or to hold runoff for a short period of time and then 15.27.256 Salmonid A member of the fish family Salmonidae. In the City these include chinook, coho, chum, sockeye and pink salmon; rainbow-trout, steclhead, and cutthroat . - . -;. . • _.,- -- - - D: . . ,, - ,. . •• s- - • • . • . - . . . -- :ame species. 15.27.258 Stream Water contained within a channel, either perennial er intermittent, in which fish natural watercourses modified by man. Streams do no • - .. - • - _ ditches, wa ,teways, a' • -, :: - . ' • - . lways, channels, o�ater runoff facilities, or the wholly artificial watercourses. 15.27.259 Substantial Improvement 290 t6 PO4 `sPuullaM 99Z'LZ'SI . pogmoul io pawpdn sr 'fr6 96# uogronqnd .aoioog 'L66 L 43.TREN „`TunurTAI uourougon pur uouroiTtwapT spurgam owls uolOuuisr „ oq 5Insn iq poqsqqmso purpom r Jo o5po low° oqp 5upuoullap aull aqi 0 "-apa Pul i9Z'LZ'SI 5u1pur11 pioq O tianoua xrJ SiIC 1.1 . 31Joqdsouur si ainssaJd oq tionim w Jonnbr pouguooun u ui oorJ.Ins rna oiqui - t9VIZ'SI . sium.murr t uon pinwoloci Jo oouosoad 344 pur uo9runurwoo o icimqgd_osns Jo woJJa polnquloo. ota £9Z'LZ'SI . srair paimodloouI ty .1,-7 • • • • _. • . • e . - : _ • e e . . • • e .7 . • : - . • • . . • A a PazpalauJulD `TRAkoAD uuq.i9 Z9Z'LZ'SI . soamosaJ it „multi' Jo uoporipca 31.11. JO Jou Jo twnpoid talnunolige Joqlo `pooJ Jo uouonpoid otp aoJ purl dons Jo osn icirutpd otn-q-wik omprdwooln oq o si ao.15op qons OT saarJins ojq ouuodun pur `soinwn.us uipj1nq 10 uoTwooi -aqj .1oJ purl Jo osn ouou olniu cq oInApov mo.! D ug(1J11 pouijuu oq Twits siordun oiqrpIoArun on . puni oql Jo osn oItuouo33 • ameuospai iCuop pInom. `pamour 1.ou osn r so} swrdun 51.nunouoD • ; t • • .soarm opolsIll Jo X.lowanui owls r JO soorid opoism Jo JoispaN puopr.N orn uo polsll anuoniTs r Jo uo9rJ0ur Xuv • Jo tsuoInpuoo 5t.nn1I 3J11s amssu 01 icI11SS00311 XpIOS 0111 ClaNm suoprogpods opoo ojrs JO 'XICTILIUS 'IR' i FOOI JO owls upsIxo tinwk iCidtuo3 01. 3JT11.0ttil.S E JO luoulanaldun JOJ 10310Jd XLIV • apniau `Jonomoq 'jou soop tuni. oqj - onuon,us oql Jo suolsuounp irtuopca ail swage uogrionr otp 1011 JO Joqwqm 7 ..: •e •- tz •.. . . iCLIC JO ITOITBSelif.P. 1. 344-1 . — e „ . •: •• .• t• „ osodmd oq Jod . pann000 o5rurep alp aJoJoq `po a . • ": • .. • - e •, JO tpoi_ww nrdoz JO 1.1.10TIMAOldLLII 31.D. oioJog -:Jaki-a-aartia-ni Jo onir,A 7074.ww. ail Jo umoiod A.)J1j. sp000x3 JO spn'LLYZ) tionim Jo Iso3 oqp `anuon.us r Jo I.TIOLTIOAOATIII 10 '1109911115I10301 `..nedoi Auv Areas greater than one acre in size, not isolated from other wetlands and valuable for wildlife habitat, that are inundatcd or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted wetlands intentionally created from non- wetlands, including, :. - . • -- • -- - irrigation and drainage ditches, grass line swales, canals, detention facilities, wetlands may include those artificial wetlands intentionally created from non wetland arca to mitigate conversion of existing wetlands. PART THREE LANDS TO WHICH THIS CHAPTER APPLIES 15.27.300 This chapter shall apply to all lots or parcels on which critical areas arc located indicated on a series of maps contained within the Yakima Urban Area Gemprehensivc Plan. (Ord. 98 67 §1, 1998) 15.27.310 Critical Areas The following critical areas as depicted on the adopted maps for each critical area shall be regulated , all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with this chapter. The regulation: underlying zoning districts and do not supersede the provisions of these districts except insofar as the critical areas' designations may impose more restrictiv requirements. • Wetlands and streams • Geologically Hazardous Areas •--- Frequently Flooded Areas as defined within RCW 36.701.170 arc regulated by chapter 6.88 YMC. 15.27.320 Critical Arca Maps Critical areas are display d on a series of maps contained within the Yakima Urban Area Comprehensive Plan, Chapter IX. These maps are intended to also exist in areas not indicated on the critical arca maps. The critical area maps are also intended to alert the development community, with a critical area. The presence of a critical arca on the maps or as determined by the Director within or near the property proposed for 292 development may be sufficient foundation for the Director to require as being complete and rgady for processing under the City Zoning Ordinance or - - ..:.'vision Ordinance. The Director is hereby declared the Administrator of this chapter for the purpose of administering the critical arca maps. An affected property owner or to the City Hearing Examiner using the same procedure for zoning appeals and are protected under all the provisions of this chapter. All development applications for land use approvals within or adjacent to critical areas arc required to show the boundary(s) of all critical areas on a scaled drawing prior processing. Upon review of the critical area maps, the determination by the administrative authority that a parcel of land or a part of a parcel of land that is the subject of a proposed development application within the boundary(s) of one or more critical areas may serve as cause for the Director to require the applicant to era. -site specific analysis and prepare a special study for each critical area potentially located within said property. This is to determine the effect, if any, that the development would have upon the critical area(s). In the event of multiple designations, ach type of critical area shall be addressed both independently and collectively for the purposc of determining development limitations and appropriate mitigating measures. . , STANDARDS 15.27.410 Wetlands boundary,' -' -Tile chic ii �'a-fo istablis ing-a wetly d - , - "Washington State Wetlands Identification and Delineatien Manual "(an approved Mitigation Plan and mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology, March 1997). Field delineation ,4' h 11- .�`7n t «0 7 7 10 7 -1 -...11 1. i lulu t sat1 J i- - y t r - -utc. v J' r`� . . . . . 2. . . • • • or its buffer. The Department of Ecolob . - - Wetland Rating • - --, - . ashington, shall be applied to the wetlands area to establish 293 the category(s) of wetlandsMitigation in evidence. The field investigation-may studies. R . - - : iffixestigation shall include specific recommendations for mitigating measures, which should be required as a condition of any approval for such developments. The recommendations may include, but are not limited to, construction techniques, or design, drainage, or - • . -- : - , _ • • -• -asures to avoid loss of wetlands and methods to restore, replace or enhance any destroyed or altered wetlands. The analysis required by this subsection shall be performed by qualified professionals who can demonstrate, through a combination of formal training and field experience, the ability to conduct the analysis. The Washington State Wetlands Rating System for Eastern Washington (Washington State Department of Ecolo: • ' .: • . • : - • . . -- . -. . the rating system for wetlands within the City. This document is available at the-Department of Community and Economic Development. (Ord. 98 67 § Parts 1, 1998) . • • .... • . • A. A Buffer Zone shall be required adjacent to, and :. • . - : , . _ . - wetlands, including any wetland restored, relocated, replaced or enhanced hecausc of wetlands alterations, according to the following schedule: Category I Wetlands High Intensity Land Use 200 feet Low Intensity Land Use 100 feet High Intensity Land Use 100 feet Low Intensity Land Use 50 feet Category III Wetlands High Intensity Land Use 50 feet Low Intensity Land Use 25 feet Category IV Wetlands High-Intensity Land Use 25 feet Low Intensity Land Use 10 feet field. The above buffer zone depths may be reduced up to no more than 50% if the special study demonstrates to the satisfaction of the Director, or if-the Director otherwise determines, that the adjacent land is, and will remain, extensively vegetated, is topographically remote from the wetland, and that no direct or indirect adverse impacts on the regulated wetlands is reasonably likely as a result of the buffcr reduction. 294 13. Building Setback Lines. Unless otherwise specified, a minimum building 4ethruic line of 20 feet Rho 11 he required from the edge nf i wetlfind buffer. The use of hazardous or toxic substances and pesticides or certain fertilizers in this setback area may be prohibited in this setback area. C. Wetlands and wetland buffer zones shall be retained in their natural condition. Where buffer disturbance is unavoidable during adjacent preferred. D. The following activities are allowed to occur on wetlands and wetland buffer zones: 1. Outdoor recreational activities (provided no structures are developed for recreational purposes); 2. Existing and ongoing agricultural activities, provided: a) No additional area is addcd beyond demonstrable historic levels; b) Any introduction of livestock shall avoid damage to Category I and II wetlands by implementation of a conservation plan to located not closer than the buffer edge, with access to the wetland allowed only for watering or stream crossing purposes, and 3. Maintenance of existing facilities, structures, ditches, roads and utility systems. E. The following alterations are allowed within wetlands and wetland buffers: (1) Trails. Construction of public and private trails ma be allowed in wetland buffers subject to the following criteria: a. Trail surface shall not be of impervious materials, except that impervious public multi purpose trails may be allowed if they meet all other requirements including water quality; and • • C Z possible, equal to the width of the trail corridor including disturbed areas. (4) 2.; . t ,: .e .. - facility may be (March 2006 or as updated), 1:— • - .'°-+ a. Existing and zoned density around the wetland is three or more b. At least 75% of the lots around the wetland have been built upon, 'wer Vv'etland vegetation rCITIains 111 these areas; c. No significant buffer or wetland vegetation exists on the lot, and d. Open water is a significant component of wetland subcategories. 295 96Z pun szajjnq po x toossu pun suz is slouduu aszanpr 1uuogTaTs pIOnn oT soinsraut papuouzux000z jo sis!Inur uu apnloui Tlrus agp •Xlgurnb pun Xiilnnb zamm uT sa&ru0 pun `.ssaoor !zomz2tuz pun `Xlixalduzoo lnlTgrq `UOij1 .a an urundu `��TszanTp satoads lit as _zoap Xur utpnlouT `ma.Tgrq sauogsg slordui1 •Z •Irpualod o tiols pooh jo ssol aul pun uTnldpoog out Jo Tuaaxa alp 'out-too/alum awl. -- • - _ - - -primp 2utpoojj ouT soarrgD I :5uJmolloJ alp `uoina.TtuTI `apnloui Hulls passazppr spordmi Irpualod •panozddn st uoirouddr gulllzapun otp in000 XIoITj air uoigM zajjnq pur mewls alp s2orduu TurogTu5Ts auk azIntuuzns Hulls iodaz au.L•D • - - - ... • ` ` • .- ..:o TuuId Je S osap o- gtoadg•k `.taro i s aup Jo natu aorjins pur `ograzor `Xgdrz5odoa. `suotjTpuoo Trzau0O• £ • `.XT.iadozd pafgns Jo Ssazppr pur uouduosap Ir'al 2uipnlouT not }ruuojuT uoquooT• I y i e{Ie auk aquosop hugs T.zodaz Uzna.us atl.L•g sluuoissajozd pojt i nb iq pazndazd aq Ilnus uopasgns sup. /cq pa unbaz �todaz pur `Tuatudoionap auj jo—unsaz r s umazjs aul spnduu Irnualod auk o i—st— eda a }---j asodznd aqj •szaJjnq sit JO uzrazjs u spojir TuautdoIanap Xur zoj. 2uouzdolanaU snazy Inouu0 r zoj uoTjroilddn ur Imm paultugns aq Ilrgs podoj pondui1 pur uoirogissrlp Lumil -S V OZt'LZ'SI (8661 `I 2 8 L9 86 'PIO) 'X}Tuuojuoouou 94 Jo luai.xa auk. sasrazout zauuiUZ Xun lit paazrlua JO popurdxa aq lou XrJU aznpnzis JO XITnpon lions mru1 paptnozd pauu uTruz AIgruos az og pu astmzaIRo JO `sostuzozduzoo `sopaozgr io druo zo uouoas sup} uT 5 uiq�oN .� an identification of impacts that cannot be avoided or reduced. Such meacnrcc to avoid or reduce imnactc may inch - On hut me not necessarily limited to: imiting the-clegree- and1 ®r- x3agnitude of the proposed activity; 3,-----14-sing-appropriate and best available science and technology; /1. Affirmative steps to avoid or minimize impacts; and 98 67 & 1, 1998) (5) Mitigation shall be in -kind and on -site, whenever possible, and may be out -of -kind and /or off -site when deemed appropriate by the Administrative Official or designee. 33;. c.� - : ..ssis ? "� : `im".Ae'�x 4 ` --fir y '� s "�,�d,'.�';-3.. Y.':.5_r.� g�� n ; .u� vH"..-�j°"��'K2e 'n":e4"a Y."t': {r�� =.•h':' :r- 'ri r ate, � .'^...s i�- ^'r. -. .'.'r.''m '.. i }:y... .. <; ,Y= �^ ; I..,.. .._ ? :v ,` •.'. }:�^t ^.E "og�'�. j��=]n�p6 . /� „�] x..�'J,. �s`'�'`' .s :a4�,:a�.'•"t :m ` � -=' .: ".ce . e,•. "V�= ��'•4 •. �,- � »,_,, -.� �.=- .:sv�.. •- �;.�.t::�� <�.::.:�u _x��w;. <.�x<r.�s�� <- _ �K- -� � °mss 15.27.421 Strcam buffers A. Stream buffer zones shall be required for all development proposals and activities adjacent to streams to protect the integrity, function and value of the stream. The width of the buffer shall be measured from the stream's ordinary high -water mark and shall consist of an undisturbed area of native vegetation. B. All development adjacent to a stream shall provide a buffer area sufficient to protect stream water quality, wildlife and habitat. C. Buffers shall be measured from the ordinary high water mark of the stream or, if not discernible in the field, the top of the bank. Buffers shall have a width as provided below: Stream Class Buffer Class I 200 feet Class II 100 feet Class III 50 feet Class IV 50 feet 2-5-feet but may be reduced by the Director based on recommendations of the Stream Classification and Impact Report as follows. B. The above buffer zone depths may be reduced by a maximum of 50% if the special study demonstrates or if the Director otherwise determines that: ; 1 Th 1 .,,,.1 1; o + +.. +h s +,-o.,,,, ,•..1 >;11 tens' �. Z(Q A1G1'1L — CC T the— IJ- 0. T�7I1[QTli– VLSLV11 J- Y-L -1" vegetated the land adjacent to the stream is topographically remote from the stream; and 297 86Z spzupui s luauidoionaU g •zopauu alp .Cq pauiuualop su `zalumpunoz2 mui saoun}sgns snopznznq aonpoiui pluatad lunogiu5Is antLj pjnom smotudoioAop pasodozd .II Apnis moods o� •/Ciijigpdaosns Lj XlijignzaujnA Om Jo sna.in su paiuoipui Z XI di j, uo gran asoq o� /Ciddu uopoas slip Jo aLj • - - - • . • - : - oq uodn pasuq `5uipnoj Tuuuiuin uoo IrpuaTod zoj ./ClIpqRdaosns LI5uj unq.zn UD t J am uumm pouimuoo `sopsizalouzutj3 zaJinbV `Z XI dujgl •sis/CInun /Ciijunb zaJinbn &uijsixg •g pun « `.9„ puu « 1,,, small uo 5upn.puaouoo ram 4-}t 0Ljl uo looppo s juouidojonop posodo.id Nil Jo ic.inuiuins V 'L uopupuz2ap saoujzns snoinzadmT ioj aourajol van a2znLjoaz am Jo sisicjnuu uV •9 uoijunuauu put /1ijignauuad 5uipnjoui sistjuuu auoz asopun V 'S :uogunual_Tu uoijuuiuii uoo pun aui.i d Iios `.i.uaipuz5 put X4inpnpuoo oijnnzp/CH •£ tiauumpun . `.Inpualod 2uipuol uoguuiuzmuoo put uopuuiuiuluoo /C;ijigi }daosns puoi5oioa5 am/CH • I :stun! 5uimopoJ Oq uo uoijuuUoJui pajpulap 5uipinozd puu uujd axis luauidojanap pajuos u uo s azu 35zuLjoaz - • . • - _ - - - --- • - - - - -- :aa aq i 111 Xpr s Inioads •V suaav a .Iutjoog .xajinbv Iu39ra3 0 €1'LZ•SI . 5uIu LUIMs puu 5Ui uz `5 - ` _ • • Lions `sfnmza1um puu sui at s uupim oijgnd juzaua5 aLp icq sasn iruogronaz apnjoazd zo ainjn5az papualui lou si uopoas-s-fitt 'iaaj OZ aq pugs zajjnq alp Jo aapa am Luo.TJ pa insuaui `sNoumas ouij Xpodozd oT uopIppu uj •szajjng map sNonmas •uogonpaz zajjnq alp Jo ijncaz u sr /C1ijigngozd ajguuos-rat • 66Z XJD ott' f q paAozddr sr 0311tX0A1100 zalri • - . e T(\T j lnnl nn r»rTT co d o rn ll nnt!'9 • lrrnrTTna»rr»rrr Tn1n An o/�'.'.r * e �.., ., .. ., . .... ..» .,.,.,.., �., »�... f L.LO .,....o �, ., ..LL, LtiL .LV vv f .LLL J ` L. :smottOJ sr 'iuo pamotir aq Itrtts sado's dams of suotlnzmiV •suotlrzollV oul utozj autp Xlzodozd uzozu pazinbaz sr zo a..oj S i jo aourlstp lr pattst'gnlsa aq Ittm auq 3'onglas 5utpItnq v •s'ui't 3'ongla ulpting 'Z azr prowpo atp put- uanado p -pop- po^. ip; 44 —irrb .p i[TM uoii3np®.i alit Imp `lpnis 'rtoods r of 'unnsznd `smnzlsuoumap lunottddr tra _WNW, lode udi jo uznurtutuz n poonpaw oq f>nuz iojjnq oqj (q - air - Ham pun flaJrs `tpl'na4 3tpgnd palozd of Xsnssaoau ostivuomo sn JO `spinznq uotsoza pun opgspuri a'r that of pazinbaz sn slant' agog'. puoi oq papualxa oq tiros zoj}nq aril pun poutrlutruz oq tugs azn zojjnq_ oij utgw& uotlria5aA oAtlnu 5ut'sixg •sodo's Sisrt airtpotmolut JO 31su MI OSP • szoung • ' Sp-ItiptIELJS-J+TOU1dOIOAOG •g - '1 MU azn odois dools aul of suotlrzolir ji Tait ado's dams otti of luoorfpr spurt jo iigdrBodol alp. alrotput osir Burls /pnls aqj •smazn odois doors alp uo 5utlstxo uotln'a5on jo (s)adXl aril put luautdotanop zoJ pasodozd pond aul of luoonfpr pur upptnek sadots daols 10 aaz5ap pur lualxa oul 5ututuualop jo osodznd oul zoj pazinbaz aq /fruz Fpnls intoadS r •saorgzns snot1ZOdutt tpitm zngtoaz zojtnbr aul Jo ammo zmrmuUols Jo prsodstp par uotloagoo alaidutoo ott' sapnpout stgLI •zajinbr ottl out slumnppo• 2: • - . _ - ... _ _ • _ • . lUaUZa5ruruz lsoq 'pr lrul aznsua tints spnnozddn luautdopanoG •uoioalozd iiltitnb 1Oinm pun OfznttOOZ lOJinbn olrnbapr aznsua tpim irttl ipnis'rtoads aril ut poquosap iunoutr irttl ei– pOlturtl oq tints sOOnpns snotnzodurt Iruoptppr Jo Uotpa1O oqi • •luautdotanap pasodozd /cq papao xa zo Hugs ttOtgm `auttosrq i'tinnb 1O'rm r /CJtluapt titm /pnls'moods aqi • oo£ • •untd luauraounqu° un Jo 1p3 au} • •.. - • e _ fgns poMolln oq /Cruz uoprlo2 aiutade T kle aaqte—ie—soloods antjnu a }im luauzaoridaz 'spank snoTXou pmsaJul JO yClrnp.on unurnq /Cq poq.unsrp uaaq annrl Wq sodois up (q . saan snopznznrl Jo Innoruar 0Lg zoJ pun sosodind uriianzns JOT kznssaoau Innourar lurid pai.luurt oq zo' 1.daoxa zajjnq JO -IC pznznq odois doo s ICun wag uogrlo an iCun Jo Innouraz ou oq Ilnrls azagi (n put stair pznznrl odois dams ur uorionponur JO I1AO1110z uojni.a5an o} flddn suopotrjsa.z 2ulmolto3 aril `pagroads asrm.zazgo ssalun - sodois dams JO apTtspunt 110 11011:nP an Jo uoponponul JO Innoura}l •s . sodois dams .10J sursTunrloaur %0i Jo ssaoxa ur JO oa. Innbo sutnuzai Imp °dots JuV •Insodozd Tuaurdolanap panozddn un Jo I.0 d sn papnz50.1 oq /Cruz soi.Tntpn 5u1pn12 snolnozd rl5nozga. pa }nano uooq snq Tnzp odois ACuy (q •uop.duz°xo urorj ipnsoz ffTM soouonbosuoo aszanpn ou Tnztvzaaut2ua Inotu14oa1.o3g JO 1.sTotoa5 n /q pazndozd arodaz silos o� do Jo a2ungo uoinnala Ino9.1°n n uIjlm zod.,ms put %Ok sodoiS (n :smoltoJ sr zaldngo slip Jo •sarjTngon 2uyCzznnb pun 5ururur panozddn u }rm uopounfuoo ur snazn pznzrq odois dams Jo uopnzmtn `zoa.oaztf arty Jo uoTsstuuod /q `moan /CM oqi •s0ijTAT1.an 5utum (a •zoloaziQ alp �Cq marnaz of loafgns sT Xirnpon alp pun pagznTsrp Tou azn silos of Imp paptnozd `morn Jo aounua1urnur pun uop azo 0111 z0J sadots - -_ -- .. _- - - -- .- . . - -.6 all Jo uotssluuod "q moan /Chum J TI3 aqi •szopuzoo mOIA (p •uozsoza JO aprlspuCI Jo )Isr1 Vain OM pofgns lou 'pm uogualIn lions Imp so olput iCpn1s s a Inagua 'moods alp Imp paptnozd sodois dams uo pamottn oq Amu szopuroo /Cmpn mnnud pun ottgnd Jo uo-ponzjsuo3 •sairtiTn (a •uorsoza ttos luanazd of JO ITos azttrgnis • _ _ . - .00 lions ssalun JJouru zmnm aanJzns oN aingLjuoo ptnoo uolum oonJzns snolnzaduzr zamo zo qnrldsn `mazouoo Jo pmonzisuoo oq strnzn Itnzts °sna ou uz lnq `43 arl� Cg Innozddn ogtoods mis 3A10001 'Coq papTnozd sodois daa}s -uo I0£ • 6 • - - s3lpn4S IuloacS OlS °12'SJ IetuaqinS• ., :. ... : • 6.. 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J ... • �_ . . . . .. • • NOIiV?l i SINI1A[ iV UNV `1wa1.Taazioama `SDDIf laDO1Id LAId flIVd pun aoua.un000 ,satoads inuot az apnioui hugs maTnaz TuauzdotanaQ (£ pautn�utntu - -- inooi rCiuo jo sm.Ignq pun satoads uagm pamoiin aq iCnrn luouaciejaAaH —(z •aounpoduu inooi jo satoads Rue satoads anmsuas pun pauaynallp `paaafunpua tin ioj suoInindod spinpunls TuouzdoionoU •g 4tua of oql JOAO solar uoi#onpoidoi pun s iotnindod ouitosnq oonpow of irpuoi.od TunogIu2Is q}tm /Cur ioj sa.insnauz -5upn muz puauzuzooaa pun siolonj luawdoianap aqj •samnta.ar unuznq jo aounaatoi. satoads oq ssa.tppn imp sIsiCinun oqi •saopuJoo luauzanoul pun sotuznurCp a511n.1 moos as Inlignq 4 paaaq `ssaugou satoads pun i(Tsuap aApriOJ apniou -TI is uoir5p.somil aq,I, on uojnruasuoo rni.tgrq uotjnioossr X.znuzud jo auopxa pun ainicu oq pun `aoui ioduq "cool jo pun satoads `satoads ZO£ 'SAOqTnoi�ilnnb . - - e _ ., . 1U.nsuouiop goriim `Xpn4s moods alp Jo notpnn alp Jo aouauadxa pun Irotut {oaf oq sasolosip wwill luauinoop noq t . mod find ui papinozd air sotpr s luioads Jo uoi ii da.id zoj swauianinban oiTioads 'podaz uo um - pun Tuauidoianap pasodond aip Jo unld 5uipuoq pun `suuld pun aounualuinui - uogn2ijiui nbapn osodond Buts soipnis - anu Inoppo n .iog posodoid uogn.ioTI • - - - . 0111. ssossn pun `obis insodozd 1uotudolanap Tuaonfpn .io uo ain Inopino . • • - . - e . auudolonop NI. 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Jo uoi1nooj mall ay sanozddn iTi3 alp uagm. saounual.inddn JO 4uatudinba `sutnuz `sadtd `sautj `samjtorJ auogdoial pur sn5 `suognotunuzutoo ajgno `sn5 jnznnnu Jo uognootaw `samjto1J ay Jo uognaoj mall ay gaAoaddr ?j - - _ • • ` . • - ;ou `saounuaatnddn zo Tuauzdinba `sautj `samjtoJJ oppaia Jo uounoojaj Z `.jnm Jo Tipp JO :sato!Iod zo /pun `saounutpzo `sapoo XTID panozddn 4TM aounpz000n ut uovi.lopun uatjm sat1int ;on pa1njaz Jlijijn auotjdajal p-ups.uo-pnotunuzutoa ajgno jnzninu `ouloaio 'utmojjoj alp zod •g • (Xl ingon tjons zoj pasn 5utag'puazzno you punpam Jun Jo uotszanuoa anlonut you pugs sat.injon Bons Try papinozd) spuod 5uuawm volsanij pun `suoofnj aznunuz `spuod tjstd `spuod uurj Jo aounualuinut auinOZ pur jnuuoN •s pur `.(sptuouzjns Xq pasn sagoaip Xun iIddc Tou pulls uogdaoxa sup Tr `zanamotj `papinozd) satjolip • - .. • . • - - - . .. _ - -- .. -. , •, s recommendation to the Council based on the following criteria: 1. There is no other practical alternative to the proposed development with-less impact on the critical areas; and 2. The proposal minimizes the impact on critical areas. C " m tigation plan may-be required —from the utility indicating how the proposal will minimize the impact on critical areas. D. This e- xemption shall not allow-the use of those Category I and II wetlands or their buffers providing plant associations of infrequent occurrence or . - - - . . - - - dangered or threatened species, or species needing special protection, or for utilities including regional retention/detention facilities. Except where there is a clear showing the facility will protect public health and safety or repair damaged critical areas. Wetlands shall not be used for retention/detention facilities other •• •• 15.27.550 Reasonable Use Exception If ,.1;.. .,f th s chapter would d eny .,11 .abl „ o f t h e proper 11 the K l / r J 11VUL1V11 of L111J Vll K W�V Ulil deny all reasonable V1 L11V r Jl V V1 L,', development may be allowed which (a) Applications for development authorizations under this chapter shall be made on forms provided by the Department. Application submittals shall include a site plan drawn to an engineering scale of 1:20 showing: i) Dimensions of all sides of the parcel, ii) Size and location of existing and proposed structures, iii) Excavation, fill, drainage facilities, impervious surfaces, topography, slope; and, iv) Other information as needed to determine the nature and scope of the proposed development; and v) Location of all critical areas such as those identified in § 15.27.314 for 1�11L1Va1 tiled 1XGj)ViL 1 \Gq U1re111e11LJ. (b) The submittal shall also include all required critical areas reports prepared in conformance with §§ 15.27.314 & 315. (c) To be complete, a critical area development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the pre - application conference (§ 15.27.302). 15.27.309 Determination of Review Process a) The Administrative Official or designee shall determine from the application submittal, and other available information what type of permit and /or review will be required under this chapter. 305 b) Specific infoluiation of permit type, review and process can be found in subsequent sections of Part Three of this chapter. However, a description of each type of permit or review is provided in Table 3 -1 below. More than one (1) permit or review may be needed for a project dependant upon project complexity, Table 3 -1 General Permits` r Standard Development. Standard development projects include any development not subject to RCW Ch. 90.58, the Shoreline Management Act. Documented Exemptions. Documented Exemptions are described as minor activities that do not need to go through a permit process. Exemptions from this chapter may be found in the following § §: 15.27.305 - 306 and 15.27.403. wkx - - 5E` <n'6 - .'�z.'.:� -. ..N ^:,fie;;: Adjustment. An Administrative Adjustment is used outside Shoreline jurisdiction when a project r requires a reduction or adjustment to a development standard. Non - conforming Use or Facility Alteration. A Non - conforming Use or Facility Alteration is necessary when an existing use that currently does not conform to this chapter is to be altered. Minor revisions to an Existing Permit. A Minor Revision to an Existing Permit allows a simplified review of certain changes to a project that has previously received a permit. Reasonable Use Exception. A Reasonable Use Exception provides an alternative to landowners when all reasonable use of a property has been prohibited. Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains. It may include many of the specific permit types noted above, which are described in Part Four §§ 15.27.40 - 436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters during the base flood do not exceed the current standards for construction of human occupied structures or safe access. 15.27.310 Development Authorization — Review Procedure Upon submittal and acceptance of a completed development authorization application, the Administrative Official or designee shall process and review the application as follows. Except: Penults or reviews under Part Four shall follow the development regulations and procedures of §§15.27.400 — 436. (1) Development authorizations shall be processed in accordance with Ch. 15.29 Notice Procedures and with specific requirements provided in §§ 15.27.316 - 320, including but not limited to: a. submittals; b. completeness review; c. notices; d. hearings; e. decisions; and, f. appeals. 306 (2) Development authorizations shall be reviewed in confoiiiiance with the �r�r�lirahlP rlPVa1r r�mPnt etanr3arrlc of 51 5 ')'7 2')1 and \zrith P FivP — Eight. (3) Decisions on a development authorization shall be consistent with § 15.27.311 Authorization Decision — Basis for Action, 15.27.312 Conditional Approval of Development Authorizations, and with any specific decision criteria provided under the section for each relevant permit type, as provided in §§ 15.27.316 - 321 (Permit Review Criteria). 15.27.311 Authorization Decisions — Basis for Action The action on any development authorization under this chapter shall be based upon the following criteria: (1) Impact of the project to critical area features on and abutting the property; (2) Danger to life or property that would likely occur as a result of the project; (3) Compatibility of the project with the critical area features; (4) Confounance with applicable development standards; (5) Compliance with hood hazard mitigation requirements c,f §§ 15.27. --r00 - 436; (6) Adequacy of the information provided by the applicant or available to the Department; (7) Based upon the project evaluation, the Administrative Official shall take one (1) of the following actions: a) Grant the development authorization; or, b) Grant the development authorization with conditions, as provided in § 15.27.312 (Conditional Approval), to mitigate impacts to the critical area feature(s); or, c) Deny the development authorization. (8) The decision by the Administrative Official or designee shall include written findings and conclusions. 15.27.312 Conditional Approval of Development Authorization In • ranting any develo.ment authorization,_the A d ministrative Official or designee may impose conditions to: (1) Accomplish the purpose and intent of this chapter. (2) Eliminate or mitigate any identified negative impacts of the project; (3) Protect critical areas from damaging and incompatible development. 15.27.313 Fees and Charges 307 The Yakima City Council shall establish the schedule of fees and charges listed in Yakima Municipal Code, Title 15 (City of Yakima Fee Schedule), for development authorizations, variances, appeals and other matters pertaining to this chapter. 15.27.314 Critical Areas Report Requirements (1) The Administrative Official or designee may require a critical areas report, paid for by the applicant, when it is determined necessary. (2) A qualified professional shall prepare the report consistent with Best Available Science. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. (3) The critical area report shall: a) Demonstrate the proposal is consistent with the purposes and standards of this chapter; b) Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and, c) Identify mitigation and protective measures. (4) The critical areas report shall include information addressing the supplemental report requirements (See § 15.27.315). (5) The Administrative Official or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures. (6) Critical areas reports shall be valid for a period of five (5) years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged. (7) The Administrative Official or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error. (8) The Administrative Official or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved. (9) Applicants shall provide reports and maps to the City in both electronic aps paper formats. In addition, all critical area delineations / maps shall be provided to the City by means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83. The City may waive this requirement for single - family developments. Applicants are encouraged 308 to coordinate with the Administrative Official or designee regarding alar�nni cnhm;+1,1 miirlali (10) At a minimum, a critical areas report shall include the following information: a) A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers; b) A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the description shall identity the type and characteristics of the hazard; c) An analysis of potential adverse impacts and how they will be mitigated or avoided. Geological hazardous areas are additionally required to assess the risks posed by the development to critical areas, public and private properties, and both associated and unassociated near by facilities and uses; d) When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the mitigation shall additionally address the site, and other public and private properties, and both associated and unassociated near by facilities and uses potentially affected; e) The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and f) Additional reasonable infoimation requested by the Administrative Official or designee. (1 1) A critical aYea report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or pre yiousiy prepared for and applicable to the development proposal site. L12) The Administrative Official or designee may limit the geographic area of the critical area report as appropriate. (11) Cmmpencntnry Mitigatinn Plans - When cmmpensatnry mitigation- as; described in § 15.27.307 Mitigation Requirements, are proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical area report, which includes: a) A written report identifying environmental goals and objectives of the proposed compensation including a description of: i. The anticipated impacts to the critical areas; ii. The mitigating actions proposed; iii. The purpose of the compensation measures, including site selection criteria; iv. The compensation goals and objectives; v. The desired resource functions; vi. Construction activities start and completion dates; and 309 vii. Analysis of anticipated success of the compensation project. b) A review of the best available science supporting the proposed mitigation; c) A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed; and, d) Perfolniance Standards — The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained. e) Detailed Construction Documents - The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as: i.The proposed construction sequence, timing, and duration; ii.Grading and excavation details; iii.Erosion and sediment control features; iv.A planting plan specifying plant species, quantities, locations, size, spacing, and density; v.Measures to protect and maintain plants until established; and vi.Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits. f) Monitoring Program - The mitigation plan shall include: i. A program for monitoring both construction of the compensatory project and its completion and survivability; ii.A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met; iii.Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project; and iv.Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years; g) Contingency Plan - Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. h) Financial Guarantees - A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with § 15.27.321(1) Financial Guarantees. (14) Innovative Mitigation. a) Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One (1) or more applicants or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: 310 i.Creation or enhancement of a larger system of critical areas and nv,an cv n na is r.ra{'arnl',1a 4n f1-, r,r ac C„ -,r n4; r.,, e. �.-n vr, ii op— t r ivi.. .viv �v uiv N iw�i V ULIVII vi uiuuy ulu,vtuuu, habitat areas; ii.The applicant demonstrates the organizational and fiscal capability to act cooperatively; iii.The applicant demonstrates that long -term management of the habitat area will be provided; and iv. There is a clear potential for success of the proposed mitigation at the identified site. v.There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; vi.The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel - by-parcel regulations and /or traditional miti atg ion approaches; vii.The plan is consistent with the general purposes of this chapter and the public interest.purpose and intent of this section; viii.An application for a Critical Arca The plan shall contain relevant management strategies which are within the scope of this section; and ix.The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section. a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios. c) Projects that propose compensatory wetland mitigation shall also use the standards in § 15.27.604 Compensatory Mitigation R equ ir emen t s . For those situations where a mitigation bank may provide an opportunity for mitigation, then the requirements in § 15.27.605 Wetland Mitigation Banks shall apply. c.7.731 Sae pl Report Requirements f `;::ecffic• ^it ca': Areas 1) Stream Corridors: When a critical areas report is required for a stream corridor or hydrologically related critical area, it shall include the following: a) A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in § 15.27.504 Functional Properties. b) Where proposed construction lies within an immediate zone of potential manlier migration, a hydrologic analysis report may be required. The report shall assume the conditions of the one - hundred -year flood, include on -site investigative findings, and consider historical meander characteristics in addition to other pertinent facts and data. 311 2) Wetlands When a critical areas report is required for Wetlands, it shall include the following: a) The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the Washington State Wetland Identification and Delineation Manual (Ecology Publication #96 -94) as required by RCW 36.70A.175 and the Washington State Wetland Rating System for Eastern Washington. b) All delineated wetlands and required buffers within two hundred (200) feet of the project area shall be shown on the site plan. Available infoirnation should include, but not be limited to aerial photos, land based photos, soils maps, or topographic maps; c) An analysis of the wetlands including the following site related infolivation: i. A statement specifying the accuracy of the report and all assumptions made and relied upon; ii. Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.; iii. A description of the methodologies used to conduct the wetland delineations, or impact analyses including references; iv. Wetland category, including vegetative, faunal, and hydrologic characteristics. d) For projects that will affect the wetland or buffer, provide the following: i. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on -site habitat and wetland functions and values listed in & 15.27.603(1) Wetland Functions and Rating, and § 15.27.504 Functional Properties; ii. Mitigation sequencing, pursuant to § 15.27.307 Miti ag tion Requirements to avoid, minimize, and mitigate impacts shall result in "not net loss" of acreage or functional values of wetlands and shall follow the guidance provided in § 15.27.604 Compensatory Mitigation. 3) Geologically Hazardous Areas When a critical areas report is required for a Geologically Hazardous Area, it shall include the following: i. A description of the site features, including surface and subsurface geology. ii. A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any Suspected and Risk Unknown hazards identified in the affirmative determination of hazard; iii. A description of the vulnerability of the site to seismic and other geologic processes and hazards; iv. A description of any potential hazards that could be created or exacerbated as a result of site development; 312 v. For developments in or affecting landslide hazard areas the report shall „1J include: J11U11 also 111d16Aldl�. (1) Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of the YMC Title 11 (Building Code); (2) An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope; (3) Description of the run -out hazard of landslide debris to the proposed development that starts up -slope and /or the impacts of landslide run -out on down -slope properties and critical areas. 4) Flood Hazards a) Prior to authorization of any construction within a floodplain, which can be anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall be prepared by a licensed engineer in the State of Washington that establishes any new flood elevations that would result for the one - hundred -year flood frequency if the project were implemented. 313 15.27.316 Standard Development Permit 1) Classification Criteria — Standard Development permits include any development not subject to RCW Ch. 90.58 (Shoreline Management Act). 2) Process - Standard Development permits shall be processed as either a Type (1) or Type (2) Review; and applications that are of a significant size or scope may be processed as a Type (2) or (3) Review at the judgment of the Administrative Official or designee. Examples of such projects include those that typically require environmental review (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of fill, require large amounts of parking, etc. 3) Decision Criteria — Decisions on Standard Development permits shall be based on the general decision criteria found in & 15.27.311 Authorization Decisions — Basis for Action. 15.27.317 Adjustment 1) Classification Criteria — For projects not required to be processed under RCW Ch. 90.58 (Shoreline Management Act), the Administrative Official or designee is authorized to administratively adjust the development standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance with building setbacks and vegetative buffers. Given such constraints, administrative adjustments may be authorized where the site plan and project design include measures to ensure the protection and performance of the functional properties identified in 15.27.504 Functional Properties. Adjustments of vegetative buffer standards listed in Table 6 -1 and 6 -2 may be reduced to the minimum buffer width listed. Reductions below the minimum may be considered but require stricter criteria be met in subsection 3(d) below. Adjustments to prohibited use limits are not allowed. 2) Process — Requests for an Adjustment pennit shall be processed as a Type (2) Review. Requests for adjustments of development standards shall be made in writing and shall specify the standard(s) that an adjustment is sought for, along with the reasons why the adjustment is sought. 3) Decision Criteria - Decisions on Adjustment permits shall be based on the general decision criteria found in § 15.27.311 Authorization Decisions — Basis for Action together with the criteria below. a) A • articular standard ma be reduced or modified as ion. as the Administrative Official determines that the adjustment and /or reduction: i. Is consistent with the purpose of this chapter, ii. Is consistent with the intent of the standard; and, iii. Will not result in degradation of the critical area. • b) The Administrative Official or designee shall consider the following: • 314 i. The proximity and relationship of the project to any critical area and its potential 1111pacLJ, ii. The functions and values that the critical area performs; iii. The overall intensity of the proposed use iv. The presence of threatened, endangered, or sensitive species; v. The site's susceptibility to severe erosion; and vi. The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or other measures to enhance the functions and values of the Hydrologically Related Critical Area (HRCA). c) When granting an adjustment, the Administrative Official or designee may require, but is not limited to the following alternative measures to protect the functions and values of the HRCA: Restoration of impaired channels and banks to conditions which support natural stream flows, fish habitat, and other values; (ii) Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of native vegetation; (iii) Provisions for erosion control and the reduction and filtration of stormwater runoff on the stream channel and buffer; (iv) Removal or alteration of existing manmade facilities associated with stream channels, or drainage ways which improve stream -flow or exchange of surface waters. fy) Replacement of lost stream corridor features on an acre - for -acre basis and replacement of lost wetlands in accordance with guidance provided in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated; (vi) Conservation easements for key portions of stream corridor property and /or their inclusion within public or private conservation programs; or (vii) Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is preferred in the use of mitigation sequencing Mitigation Requirements) n a rprliir=tinn in the I iff star- rlar°rlc d) The following additional criteria must be met to reduce the critical areas stream and wetland buffers found in Tables 5 -1 and 5 -2 below the minimum listed in the respective tables. i. There is a hardship related to maintenance of the minimum buffer width that results from parcel boundaries or existing on- site development. ii. When warranted under (a) above the buffer width shall be the maximum possible while meeting the minimum need of the proposal. iii. The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream function due to the decrease in buffer size. 315 15.27.318 Reasonable Use Exception shall be filed with th Director and shall be heard by the Examiner, who shall issue a final decision pursuant to the A. The Examiner, in recommending approval of the reasonable use exception, must-determine that: 1)Application Classification Criteria - If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for a Reasonable Use Exception. 2) Process - A Reasonable Use Exception shall be processed as a Type (3) Review with a public hearing. 3) Decision Criteria - The Reasonable Use request shall be accompanied by conformance criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant. Decisions on a Reasonable Use request shall be based on the general decision criteria found in § 15.27.311 Authorization Decisions – Basis for Action, together with the criteria below. 4—The application of this chapter would deny all reasonable use of the property; i. - - - • .. - provided that the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant; ii. No other reasonable use of the property has less impact on the critical area; pubic health, safety or welfare on or off the development proposal site; and iii. Any . - . • . . - _.. • • - • .. - • . - . alteration is the minimum necessary to allow for reasonable use of the property. B. Any authorized construction within a critical area or buffer under this section shall be subject to conditions establishe: : - - • • . . . require mitigation under an approved mitigation plan. C. Except when application of this chapter would deny all reasonable use of the operty, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a variance as provided in Part Six. . -. . ... 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JO suotstnozd atp4 T4IM aourpz000u lit suopnotjddu 41UUad 4uautdoponap 8I aq (tui oN aauugdutoa OIL'LZ'SI •zaldctto sup uloij lduio)c-a-es-tp-aan ialdttlo sully) slip oniloaJJa aql of zoizd panozddt suoiltoitddt asn punt zai •zaldctp sup jo suoisinozd aul wag idutaxa pun loadsaz tin ui slot 5uiptinq pazapisuoa aq trim aogjo molipnv Xluno0 ruipTA aul t pzooaz ioj paid sltid polls put Icnozddc lttd,ztuiuzitazd paniaoaz antq ltul suotsinipgns zoftui uitilim piooai 10 slot oq •suoilcoitddc panozddt itaLp ui palcdioiluc uoisntouoo luouidotanap affi gataz of sluauzdotanap panozddt I(Isnoinazd moth of pun onuiluoo e - saijiuuojuoouou sop ltuuad zaldngo sup jo lualui sill •zapdi p lsixa ituz azatp `zaldctto siip Xq pagsgqclsa scant Icoppo ai iji1 . . .. .. , ii • • SIlO3NVTI1DSI1V M3AIS ZUIVd (8661 `I§ L9 86'p10) 'uoiloas sump zapuitura1 a p ui opolsil -I Jo tCzoluanul alms alit zo saottd ouolsgl jo zalsi alt ItuoiltN all uo palsq saznloruls azolsaz JO `alclitigtgaz `lonzlsuooaz of sloafozd • i •saoutuipzo JO smtt 'coot 2uilsixa tilim loitjuoo JO `asuadxa oitgnd fzcuipzotzlxo `Xlapts oitgnd of sluaup ttuoilippt ui linsaz lou 'um aoutizcn t Jo uilucz2 atiZ •s •lutoitddr= ogl of dittspzttl Ituoildooxo ui linsoz pinom aouciztn all lutz5 of aznticd •sasn posodoid aul olrpouzut000t of icztssaoau uznuuuiui oul aq Hugs paluiu ooutucn Cut `zaldtgo sup ui poui op st suazr: Itopp° jo osco a p uI '£ •au0 T.tcd ui lno las su zaldcgo sup jo sasodznd oq of Xztzluoo JO poltnlis si ilzodozd aql goIgm ui auoz put Xliuiain DT ui sluauzanozduu JO Xlzodozd aul of snoizn fui JO azrJtam oignd oul of Itluauiizlop Xtitizolcui oq lou 'um aoutizcn all jo 5uilutz5 aqZ •Z •aoututn u Jo 2uilucz5 oul zoj siscq otos oul oq lou hugs zaldcgo sup. jo uoildopt all of zoud oozoJ ui suoilcintaz zopun podotonop uooq omit sailzodozd gutpunolans Imp loth O { `zanamoq `papinozd •uoiptogisstto auoz "mans zapun put tliuioin aril ui sailzadozd zaglo ! q po /ofua sa alinud put slg5i1 adozd loafgns anudap of punoj si zaldtito sup jo uoiltoitddc lou s otp `s5uipunozzns Jo uoiltoot put `igdtBodol `odctis `azis 5uipntoui `Xlzadozd loafgns of atgtoitddt sooutlsumozio Itioads Jo asntoag • t 15.27.319 Minor Revisions to Approved Uses or Development 1) Classification Criteria — Minor revisions as described in & 15.27.266 to a project that has been previously approved under a critical area permit are allowed under the following circumstances: a. Changes that are not substantive are not required to obtain a revision and may be allowed. b. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the permit requirements. Such changes may be approved as a minor revision, if the Administrative Official or designee determines that the proposed revision is within the scope and intent of the original permit, and meets the criteria listed below. Failure to meet the criteria below will require a new permit. i.Lot coverage and height may be increased by a maximum of ten (10 %) percent from the provisions of the original permit, provided that: a. Revisions involving new structures not shown on the original site plan shall require a new peiniit; and, b. Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of this chapter. ii.Landscaping may be added without an application for a new permit provided that it is consistent with conditions of the original permit; iii.The use authorized pursuant to the original permit has not changed; iv.No additional significant adverse environmental impacts will be caused by the project revision. 2) Process — Minor revisions to existing permits shall be processed under • Class (1) Review procedures. 3) Decision Criteria - Decisions on peuuit revisions shall be based on the general decision criteria found in § 15.27.311 Authorization Decisions — Basis for Action. 15.27.320 Non - Conforming Uses and Facilities Non - Conforming Uses and Facilities are classified as either Conforming Uses with Non - Conforming Structures or Areas, or as Non- confoiming Uses. Both of which have different review processes and decision criteria, as provided for in Ch. 15.19 of the Yakima Municipal Code. 15.27.321 General Critical Areas Protective Measures The standards below apply to all permits and reviews performed under this chapter. 1) Financial guarantees to ensure mitigation, maintenance, and monitoring. a) When required mitigation pursuant to a development proposal is not completed prior to the Cit of Yakima's final •ermit as •roval, the 319 Administrative Official or designee may require the applicant to post a financial guarantee to ensure that the work will be completed. b) If a development proposal is subject to compensatory mitigation the applicant must post a financial guarantee to ensure mitigation is fully functional. c) All financial guarantees shall be in the amount of one hundred and twenty -five percent (125 %) of the estimated cost of the uncompleted actions and /or the estimated cost of restoring the functions and values of the critical area that are at risk. d) The financial guarantee may be in the foiui of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the Administrative Official or designee, with terms and conditions acceptable to the City of Yakima attorney. e) The financial guarantee shall remain in effect until the Administrative Official or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five (5) years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function. f) If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration a financial guarantee will not be required. g) Failure to satisfy critical area requirements shall constitute a default, and the Administrative Official and his or her designee may demand payment of any financial guarantee. h) Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The City of Yakima will use such funds to arrange for completion of the project or mitigation, and follow -up corrective actions. i) Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. 2) Subdivision Standards - The following standards apply to all permits or reviews under the Subdivision Ordinance (Title 14) that contain critical areas: a. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the Subdivision Ordinance (Title 14) and Zoning Ordinances (Titles 15); b. Critical areas shall be actively protected through the following: i. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible; ii. When Geologically Hazardous Areas (excluding Erosion, Over steepened Slopes of Interrirediate Risk, Stream 320 Undercutting, and Earthquake hazards), FEMA Floodway channel Mi l (cIM7) ,Streams, Wetlands and/or Vegetative Buffers fall within the boundary of a subdivision; 1. Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes may be deemed appropriate by the Administrative Official as meeting this provision when special circumstances obstruct the viability of this provision: 2. For those new lots that do contain said critical areas, useable building envelopes (5,000 square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas. iii. New lots partially within the floodplain shall provide a usable building envelope (5,000 square feet or more for residential uses) outside the floodplain. iv. New lots entirely within the floodplain shall be at least one (1) acre in area; . v. For new lots containing streams, wetlands, and /or vegetative buffers, outdoor use envelopes shall be provided on the plat that lies outside said critical areas; vi. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover; vii. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat. viii. Lots or parcels that lie entirely within a Geologically Hazardous Areas (excluding Erosion, Over Steepened • Slopes of Intermediate Risk, Stream Undercutting, and Earthquake hazards), FEMA Floodway, Channel Migration Zone (CMZ), Stream, Wetland, and /or Vegetative Buffers may net he - Further divided. 321 CHAPTER 15.27 PART FOUR FLOOD HAZARD AREAS Sections Defined: r ''''FLOOD HAZARD AREAS - GENERAL 15.27.400 Flood Hazard Areas Established 15.27.401 Principles 15.27.402 Applicability 15.27.403 Documented Exemptions 15.27.404 Interpretations 15.27.405 Compliance 15.27.406 Warning and Disclaimer of Liability " ` '' FLOOD[AARD- PROTECTIt) STDtD 15.27.407 General Standards 15.27.408 Specific Standards r .ritOODWAY. FRII G USES' 15.27.409 Floodway Fringe Permitted Uses 15.27.410 Floodway Fringe Prohibited Uses 15.27.411 Floodway Permitted Uses 15.27.412 Floodway Prohibited Uses 15.27.413 Floodway Non - Conforming Uses and Facilities °y F FI UUD A 2n ROTE : D S 4N C `I 15.27.414 Administration 15.27.415 Authority 15.27.416 Permit — Required 15.27.417 Permit — Application 15.27.418 Pei quit — Review 15.27.419 Use of Available Data 15.27.420 Limitations 15.27.421 Peuuit — Expiration & Cancellation 15.27.422 Performance bonds 15.27.423 Appeals 15.27.424 Coordination >,.s w . ,- FYATION :f'bOOPRO(?FIlYF3tCiCf1!+T`Z 15.27.425 Applicability 15.27.426 Certification Fouu 15.27.427 Information to be obtained and maintained 15.27.428 Certification Responsibility v p ,- M 15.27.429 Procedure 15.27.430 Variance limitations 15.27.431 Conditions for Authorization 15.27.432 Administrative Official's Decision 15.27.433 Notification and Final Decision 15.27.434 Power to Refer Decisions 15.27.435 Appeals 15.27.436 Federal Flood Hazard Map Correction Procedures 322 FLOOD HAZARD ARRAS - GENERAL PROVISIONS 15.27.400 Flood Hazard Areas Established The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary, and Floodway Maps, and any amendments thereto made by the Federal Emergency Management Agency, which, are adopted by reference and declared to be part of Part Four of the City of Yakima's Critical Areas Ordinance and are established as flood hazard areas. The Flood insurance Study and maps are on file at Yakima City Hall, Yakima, Washington. 15.27.401 Principles (a) This Part Four recognizes the right and need of the river channel to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard. (b) In advancing the above principals, the intent of Part Four is: (1) To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood -prone land; (2) To meet the minimum requirements of the National Flood Insurance program; and (3) To implement state and federal flood protection programs. 15.27.402 Applicability The guidelines and regulations set forth herein, Title 11 YMC, and related Building Codes shall apply to all special flood hazard areas. (1) The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard area (2) Flood ha permit sh b approved by the City of Yakima. Approval shall only be granted in accordance with Part Four of this chapter and other applicable local, state, and federal regulations. (3) TOM uraphic, engineering and construction infoiiiiation necessary to evaluate the proposed project shall be submitted to the department for approval. (4) The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the City of Yakima, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action • against the above mentioned body, or employee, for any damage that may result. 323 15.27.403 Documented Exemptions The following uses and activities are exempt from the provisions of Part Four of this chapter: (1) The alteration or substantial improvement of any structure listed on the National Register of Historic Places or state inventory of historic places; (2) The installation and maintenance of aboveground utility transmission lines and poles; (3) Private driveways, fences and other accessory activities and /or uses necessary for agricultural uses which the administrative official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse; 15.27.404 Interpretations (a) In the interpretation and application of Part Four of this chapter, the provisions shall be considered as minimum requirements; and shall be strictly construed in favor of the policies and standards herin; and deemed neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of the Yakima Municipal Code Title 11 Buildings, Title 12 Development Standards; Title 14 Subdivisions, and Title 15 Yakima Urban Area Zoning Ordinance. "Sections 15.27.400 through 436" are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall prevail. (b) In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be given a reasonable o.. ortunit to as . eal the interpretation. Such appeals shall be granted consistent with the standards of the National Flood Insurance Program § 60.6 (See 44 CFR 59, et seq. and IBC 104.1). 15.27.405 Compliance No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full compliance with the terms of Part Four of this chapter and other applicable laws, rules and regulations. (Ord. 98 67 & 1, 1998) 324 Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO) Sections: 15.30.010 Purpose. 15.30.020 Definition 15.30.030 Application of Airport Safety Overlay provisions. 15.30.040 Cla;r, (1) uses. 15.30.050 Class (2) and Class (3) uses. 15.30.060 Application requirements. 15.30.070 15.27.406 Warning and Disclaimer of Liability The degree of flood protection required by Part Four of this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. Part Four does not imply that land outside the area of special flood hazards or peinuitted uses within such area will not be subject to flooding or flood damage. FLOOD HAZARD PROTECTION STANDARDS 15.27.407 General Standards The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE -24 and Hud 24 CFR Part 3280: (1) Anchoring and Construction Techniques. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring shall meet the specifications set forth below for structures located within one hundred (100) feet of a floodway or the ordinary high water mark if no floodway has been established. (3) All new construction and any improvements or additions to existing floodproofed structures that would extend beyond the existing floodproofing located within one hundred (100) feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway has been established. (a) Unless it can be demonstrated that non - zero -rise construction methods will not impede the movement of floodwater or displace a significant volume of water. (4) Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted floodproofing techniques. 325 (a) Utilities. (11 All new and renla rein ent water snnnly systems and sanitary sewaue systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (b) Subdivision Proposals. Subdivision proposals shall: (1) Be consistent with the need to minimize flood damage; (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; Have adequate drainage provided to reduce exposure to flood damage; and (4) Include base flood elevation data. (a) In the cases where base flood elevation is not available and the subdivision is greater then 5 acres or 50 lots a step -back water analysis shall be require to generate the base flood elevation data. (c) Watercourse Alterations. The flood - carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development., 15.27.408 Specific is Standards in all special flood hazard areas where base elevation data has been provided as set forth in § 15.27.400, the following regulations shall apply, in addition to the General Standards of § 15.27.407: (1) Residential Construction. (See. IRC 323.2) (A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation. (B) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Desiens for meetinc this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one (1) foot above grade. (iii) Openings mate equipped with screens, louvers, or other de-vices, idea4 -i tt it the t at coverings CI111gS or provided that iii y permit automatic entry and exit of floodwaters. (C) Residential construction within one hundred (100) feet of a 326 floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of § 15.27.407(3). (2) Nonresidential Construction (44 CFR 60.3(c)(3)(4)). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3) Be certified b a re • istered . rofessional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications and plans; 4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 15.27.408 (1) (B) above; (3) Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC S 501.1 Appendix "G ". (4) Recreational Vehicles Recreational vehicles placed on sites are required to either: 1) Be on the site for fewer than 180 consecutive days, (or) 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3) Meet the anchoring requirements of 15.27.408 (3) above. FLOODWAY FRINGE USES 327 15.27.409 Permitted Uses The following uses are permitted in the flnndwav fringe areac• (1) Any use permitted in the zoning district in accordance with Title 15 of the Yakima Municipal Code, unless prohibited by § 15.27.410. (2) Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with Title 15 and where not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: (A) Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and /or depth areas, and shall be adequately floodproofed. (B) Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four (4) feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of § 15.27.411(3)(C). (C) Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and non - hazardous materials shall be buried below existing natural and artificial drainage features. (D) Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of non - hazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. (E) Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. 15.27.410 Prohibited Uses The following uses shall be prohibited in floodway fringe areas: (1) New manufactured home parks and the expansion of manufactured 11V111 V/p0.111J. FLOODWAY USES 328 15.27.411 Permitted Uses Permitted uses include any use permitted in the zoning district in accordance with Title 15 of this code, provided that said use is in compliance with the flood hazard protection standards of §§ 15.27.407 - 408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of § 15.27.412(2): Permitted uses include: (1) All encroachments, including fill, new construction and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge. (2) Surface mining, provided that the applicant can provide clear evidence that such uses will not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of Title 15. (3) Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: (A) All utility transmission lines shall cross floodways by the most direct route feasible as opposed to paralleling floodways; (B) Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and /or depth areas, and shall be adequately floodproofed; (C) Buried utility transmission lines transporting hazardous and non- hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four (4) feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the City of Yakima, which shall assume the conditions of a one - hundred (100) year frequency flood as verified by the U.S. Aiiny Corps of Engineers, and shall include on -site investigations and consideration of historical meander characteristics in 329 addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic flnndwav shall he ennsistent with the City of Yakima Shoreline Master Program Regulations, (D) Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and non - hazardous materials shall be buried below existing natural and artificial drainage features. (E) Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of non- hazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the one - hundred (100) year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site - specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (2)(C) above. (4) Construction or reconstruction of residential structures only as authorized in § 15.27.412(5); (5) Improvements to existing residential structures that are not substantial improvements per § 15.27.294, provided the improvement complies with the requirement set forth in § 15.27.412(2). (6) Water- dependent utilities and other installations which by their very nature must be in the floodway. Examples of such uses are: dams for domestic /industrial water supply; wastewater treatment and collection systems; stream crossings or wetlands, flood control and /or hydroelectric production; water diversion structures and facilities for water supply; irrigation and /or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal, and provided further that the proposal is consistent with other •rovisions of this chaster and the Cit 's Shoreline Master Program. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing and otherwise comply with §§ (3) (A) — (E) above; (7) Dikes, provided that the applicant can provide evidence that: (A) Adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences, fD■ rT +,, i drainage . o u<, affected ;r that +>,o; t,;i; +.. I'atulal urainag.. ways are minimally uffe tee in that their abi to adequately drain floodwaters after a flooding event is not impaired, (C) The proposal has been coordinated through the appropriate diking district where applicable, and that potential adverse effects upon other affected 330 diking districts have been documented; (8) Roads and bridges, subject to the regulations of §§ (3) (A) -(E) above. 15.27.412 Prohibited Uses The following uses /developments are prohibited in the floodway: (1) Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by §§ 15.04.100 & 15.04.110); (2) Any encroachments, including fill, new construction and other development shall require certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; (3) Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be peimitted in the floodway, except for domestic water and regional wastewater facilities where necessary; (4) Where a floodway has not been deteimined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one - hundred (100) year flood event; (5) Construction or reconstruction of residential structures within designated floodways, except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the assessed value of the structure either (A) before the repair, reconstruction or improvement is started, or (B) if the structure has been damaged and is being restored, before the damage occurred. (iii) Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places shall not be included in the fifty (50) percent. (iv) If subsection (2) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. (6) The construction or storage of any object subject to flotation or movement during flood level periods; (7) The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: (A) The filling of wetlands, except as authorized under Part Five Fish 331 and Wildlife Habitat and the Stream Corridor and Part Six Wetlands; (R) Solid waste landfills rlm m�c in rrl nkvac nytdnn ctnrage of - _ r vehicles, and /or materials; and (C) Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (See § 15.27.509); (8) The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. 15.27.413 Non - Conforming Uses and Facilities (a) Within the special flood hazard areas established by YMC Ch. 15.19 or amendments thereto, there may exist structures and uses of land and structures which were lawful before these sections were adopted or amended, but which would be prohibited, or restricted under the terms of Part Four of this chapter or future amendment. (b) It is the intent of YMC Ch. 15.19 to permit these lawful pre - existing nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter . 332 FLOOD HAZARD PROTECTION ADMINISTRATION 15.27.414 Administration The building official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of Part Four and may prepare and require the • use of such forms as are essential to such administration. 15.27.415 Authority Upon application, the building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the Critical Areas Ordinance. 15.27.416 Permit - Required Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This penult may be in addition to the critical area development authorization as set forth in Part Three. 15.27.417 Permit — Application All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in Title 11, using the forms supplied. The application shall not be considered complete until the following minimum information is provided as identified below and in YMC § 15.11.050: (1) Name, address and telephone number of applicant and property owner if different; (2) Project description and taxation parcel identification number; (3) Name of the stream or body of water associated with the floodplain in which the development is proposed; (4) Site plan map drawn to an engineering scale showing: (A) Actual dimensions and shape of the parcel to be built on; (B) Sizes and location of existing structures on the parcel; (C) Location and dimensions of the proposed development, structure or alteration; (D) Location, volume and type of any proposed fill; (E) The application shall include other information as may be required by the Administrative Official to clarify the application for the enforcement of Part Four of this chapter; 333 15.27.418 Permit — Review Flood hazard peunit applications will be r•x71 P1x/P!l f !1 A F.1 /Arm P ' (1) The elevation and floodproofing requirements of Part Four of this chapter; 2 The .ro.osed develo.ment's location in relation to the floodway and any encroachments § 15.27.412(2); (3) Alteration or relocation of a watercourse § 15.27.407(d); (4) That the proposed development is a permitted use under Part Four of this chapter and Title 15; ° (5) That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. 15.27.419 Use of Available Data When base flood elevation data has not been provided in accordance with § 15.27.400, Flood hazard areas established, the City shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 15.27.408 Specific Standards, 15.27.412 Floodway Prohibited Uses, and § 15.25 Violations and Enforcement and Administration. 15.27.420 Limitations Permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications. and no other use, arrangement or construction. Use, arrangement or • construction at variance with that authorized is a violation of Part Four and punishable as provided by § 15.25 Violations and Enforcement and Administration. 15.27.421 Permit — Expiration & Cancellation If the work described in any permit has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit shall expire and be canceled by the building official. 15.27.422 Performance bonds. (a)The City may rewire bonds in such form and amounts as may he deemed necessary to assure that the work shall be completed in accordance with approvals under Part Four. Bonds, if required, shall be furnished by the propert y owner, or other person or went in control of the propert y (b)In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the Cit in an amount e.uai to that which would be required in the surety bond. 15.27.423 Appeals The decision to grant, grant with conditions, or deny a flood hazard permit s hall be final and _ _t_____._ __--1___ the applicant Vl UGlly it 11UUU hazard 1JGLlllll shall UG final d11U conclusive unless 111G applicant appeals the decision pursuant to the procedure established for appeals in Part Three. 334 15.27.424 Coordination Upon application, the building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter. ELEVATION AND FLOODPROOFING CERTIFICATION 15.27.425 Applicability Certification for elevation or floodprofing shall be re• uired onl for the new construction or substantial im •rovement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard area. 15.27.426 Certification Form The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be generally consistent with that required by FEMA for the administration of the National Flood Insurance Program. 15.27.427 Information to be obtained and maintained The elevation and floodproofing certificate shall verify the following flood hazard protection information: (1) The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; (2) The actual elevation in relation in mean sea level of flood proofing of all new or substantially improved non - residential flood proofed structures. (3) Where a base flood elevation has not been established according to 15.27.400, or where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from _flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. 15.27.428 Certification Responsibility The project proponent shall be responsible for providing required certification data to the administrative official prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing data specified in 15.27.427 must be obtained and certified by a registered professional engineer, architect, or surveyor. The elevation and floodproofing certification shall be permanently maintained by the administrative official. 335 f'I (b('T%T4A7A7?T� TATJTAN!�'1 i L VL nart ♦ 1 \1L it \ �✓iJIJ 15.27.429 Procedure Any person seeking a variance from the requirements of Part Four authorized under § 15.27.430 shall make such request in writing to the planning department on the foiilis they supply. Upon receipt of a completed application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners of adjacent property within twenty eight (28) days of the receipt of a completed application and payment of fees. The notice shall solicit written comment on the variance request and specify a time period not less than twenty (20) days from the date of mailing, during which written comments may be received and considered. The notice shall also state that copies of the administrative official's final decision will be mailed upon request. The administrative official may also solicit comments from any other person or public agency he or she feels may be affected by the proposal. 15.27.430 Variance limitations (a) Variances shall be limited solely to the consideration of: (1) Elevation requirements for lowest floor construction; (2) Elevation requirements for floodproofing; and (3) The type and extent of floodproofing. (b) Variances shall not be considered for any procedural or informational requirements or use prohibitions of Part Four. 15.27.431 Conditions for Authorization Before a variance to the provisions of Part Four may be authorized, it shall be shown that: (1) There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; (2) The granting of such variance will not be materially detrimental to the public injurious to the property o improvements in the viii and -vicinity p c welfare or n r , j„ p p y m p �, zone in which the subject property is located (3) Sucli a variance is the minimum necessary, ennsidering the flnnd hazard, to afford relief; X 4 1 ._._.. Failure to grant the variance would result in exceptional hardship_to the applicant; and (5) The granting of such a variance will not result in: (A) Increased flood heights; (B) Additional threats to public safety; (C) Creation of nuisances; (D) Extraordinary public expense; or (D) Conflicts with 11II1eI existing iueal laws 01 oiuiiiaiiees. 15.27.432 Administrative Official's Decision After considering any comments received from other agencies, jurisdictions or adjoining_ propert y 336 owners, the administrative official shall approve, approve with conditions, or deny the variance request. The administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based. 15.27.433 Notification and Final Decision The decision shall be issued within seven (7) days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copes 15.27.434 Power to Refer Decisions In exercising the duties and powers of implementing and administrating Part Four of this chapter, the administrative official may refer any variance application to the hearing examiner for action at a public hearing. 15.27.435 Appeals Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in YMC Ch. 15.16. 15.27.436 Federal Flood Hazard Map Correction Procedures The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the National Insurance Program are hereby adopted by reference. 337 CHAPTER 15.27 PART FIVE FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM Sections Defined: .:.. Cp - +. ..._- - � _ �+;� 15.27.500 Purpose and Intent 15.27.501 Protection Approach r,"7,777:77777.7 �e esr ahan and <l a in W: w� 15.27.502 Hydrologically Related Critical Area Features 15.27.503 Habitat and Habitats of Local Importance 15.27.504 Functional Properties 15.27.505 Stream, Lake and Pond Typing System 15.27.506 Wetland Rating System 15.27.507 Maps - o pment��taut�ards�� = - .s� 15.27.508 Prohibited Uses 15.27.509 General Policies and Standards 4'a e Dep ne a cy` D7veioi in S' nd i an Buffe I2ea4iremei 15.27.510 Use Classifications 15.27.511 Water- dependent Uses 15.27.512 Water - related Uses 15.27.513 Non -water Oriented Uses 15.27.514 Vegetative Buffers ant d; ea Deg �►pm� d' s" M� 15.27.515 Roads, Railroads and Parking 15.27.516 Utility Transmission Lines 15.27.517 Shore Stabilization 15.27.518 Dredging and Excavation 15.27.519 Filling 15.27.520 Commercial Mining of Gravels 15.27.521 Reclamation • 338 15.27.500 Purpose and Intent (a) The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of geology, soils, water, vegetation and wildlife. Policies and standards to help conserve and protect are designed to accomplish the following: (1) Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science; (2) Follow the requirements pursuant to the Flood- Resistant Construction in the adopted Building Code. (3) Provide a zero net loss of natural wetland functions and values. (4) Provide possible alternatives for necessary development, construction, and uses within a designated stream corridor and other hydrologically related critical areas; (5) Prevent decline in the quantity and quality of surface and subsurface waters; (6) Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; (7) Protect sensitive areas of the stream corridor from the potential negative effects of development; (8) Through voluntary a. eements or government incentives_ provide protection of natural wetland functions and values. (9) Recognize wildlife areas conservation habitats within their natural geographic location through coordinated land use planning. 15.27.501 Protection Approach 1) To maintain fish and wildlife habitat there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, nest building materials and lack of diseases The City of Yakirnn protects fie], and wi]r]]ife ha]:itat through: a. Protection of habitat for a quatic species; and, b. Protection of habitat for species located near the water. 2) The City of Yakima's approach to protecting Threatened, Endangered, and Sensitive Species Habitat is by using the protection approach sections of this chapter. 1 1 Hydrologically Related Critical A rea Featu Stream corridors and other hydrologically related critical areas include one (1) or more of the following features: 339 (1) Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency Management Agency (FEMA) as identified in the Flood Insurance study or corresponding maps, is hereby adopted by reference and declared to be part of this chapter; (2) Perennial and inteuuittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the ordinary high water mark; (3) Naturally occurring ponds under twenty (20) acres and associated submerged aquatic beds; and man -made lakes and ponds created within a stream channel; (4) All wetlands as defined in § 15.27.299; (5) Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and (6) A buffer area for a stream channel, lake, or pond or from the edge of a wetland. 15.27.503 Habitat and Habitats of Local Importance Habitats of Local Importance are habitats or species that due to their declining population, sensitivity to habitat manipulation or other values make them important on a local level. Habitats of Local Importance may include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 1. Species and Habitats of Local Importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual Comprehensive Plan amendment cycle. a. The decision for changes to species and habitats of local importance shall consider: i. Concern due to population status; ii. Sensitivity to habitat manipulation; iii. Importance to the local community; and iv. Criteria used to identify state Priority Species, which includes: 1. State Candidate Species that are defined by WDFW Policy M -6001 to include fish and wildlife species that WDFW will review for possible listing as State Endnaged, Threatened, or • Sensitive; 2. Vulnerable Aggregations, which includes those species or groups of animals susceptible to 340 significant population declines, within a specific a rea by Virtu of their in nn t a ggr e`r ate; 3. Species of Recreational, Commercial, and /or Tribal Importance that are Vulnerable; and 4. The Economic impact both positive and negative to the applicants property or surrounding property. Economic impact are to be determined by a properly qualified individual or firm using industry standards. b. Nominated habitats, and habitats for species of local importance shall consider the following, and must include maps to illustrate the proposal: i. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term; ii. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors; iii. Habitat with limited availability or high vulnerability to alteration; and iv. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. c. Habitat management recomendations shall be included for use in the administration of this section. 2. Development Standards. Projects located within a Habitats of Local Importance, as designated in subsection (1) above shall meet the standards below, rather than the development standards in §§ 15.27.508 — 521, unless review is also needed for a Hydrologically Related Critical Area. a. Projects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for Species and Habitats of Local Importance by the City of Yakima The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. 15.27.504 Functional Properties 1) Streams, lakes, ponds and wetlands, require a sufficient riparian area to support one (1) or more of the following functional properties: a) Stream bank and shore stabilization; b) Providing a sufficient shade canopy to maintain water temperatures that supports fish and their habitat; 341 c) Moderating the impact of stounwater runoff; d) Filtering solids, nutrients and harmful substances; e) Surface erosion prevention; f) Providing and maintaining migratory corridors for wildlife; g) Supporting a diversity of wildlife habitat; h) Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. 2) Stream channels assist in one (1) or more of the following functional properties: a) Groundwater recharge and /or discharge; b) Water transport; c) Sediment transport and /or storage; d) Biochemical functions e) Channel migration and the protection of habitats; f) Food and habitat. 3) Lakes, ponds and wetlands generally provide similar functions and generally provide one (1) or more of the following functional properties: a) Biogeochemical functions that improve water quality; b) Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); c) Food and habitat. 4) Floodplains generally provide one (1) or more of the following functional properties: a) Floodwater storage; b) Floodwater passage and the movement of high velocity waters; c) Sediment storage and recruitment; d) Food and habitat; e) Nutrient sink and /or source; f) Groundwater recharge and discharge. 5) Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one (1) or more of the following functional properties: a) Reproduction and /or nesting; b) Resting and refuge; c) Foraging for food; d) Dispersal and migration. 6) Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration or preservation 342 measures which replace the lost functions or values or strengthen nthar fimrtinnal valnas if rapl is not possible. 15.27.505 Streams, Lakes and Ponds Typing System For purposes of this chapter, the City of Yakima hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in § 15.27.502 as follows: (1) Type 1 streams are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW Ch. 90.58. Waters associated with Type 1 streams as defined in RCW Ch. 90.58 are not included. (2) Type 2 streams are those surface water features which require protection due to the nature of their contributions to the functional properties listed in § 15.27.504 and are considered "Streams, Lakes and /or Ponds of Local Importance," as listed in Appendix A. .( Type 3 streams include all perennial streams within the City of Yakima not classified as Type 1 or 2. (See § 15.27.275 definition for perennial stream). (4) Type 4 streams are all intermittent streams within the City of Yakima not classified as Type 1, 2 or 3. (See § 15.27.258 definition for intermittent stream) (5) Type 5 streams are all ephemeral streams within the City of Yakima not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See § 15.27.236 definition for ephemeral stream) (6) Lakes and Ponds a). Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have th „e type a.s the highest iiav� the same surface wt awa � , a� t11 ni�uwL strcaiii type from which the lake or pond receives water. b). Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a T i.e 1, 2, 3, or 4 stream shall be Type 3 ponds. c). Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type 1 ponds. 15.27.506 v etiana hating System Wetlands within the City of Yakima are defined in § 15.27.299 and are shown on the data maps referenced in § 15.27.507 Maps. Most, but not all, of the 343 wetlands within the City of Yakima occur near streams. The functional properties for wetlands are identified in §§ 15.27.504, and 15.27.603. For regulatoryurposes, wetlands are classified into four (4) categories according to the Wetland Rating System found in § 15.27.603(2) Wetland Functions and Rating. 15.27.507 Maps Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas; rather the potential physical boundaries and characteristics. Maps may be both regulatory and non - regulatory in nature as described below: 1) Regulatory maps include the following: a) Any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the Flood Insurance Studies (FIRM). 2) Informational maps indicate the approximate presence, location and /or typing of the potential critical area. Informational maps include, but are not limited to the following: a) Wetlands; b) Streams; c) Channel migration zone; and d) Species and Habitats of Local Importance — Note: This map will be generated at such a time when the City of Yakima formally adopts a specie or habitat of local importance. 3) Other non - regulatory information sources include maps or other data sources, but are not limited to: a. Comprehensive Flood Hazard Management Plans; b. Soil Survey of the City of Yakima; c. Surface Geologic Maps; d. Historic and Current Aerial Photo Series; and e. Geohydraulic studies — geologic cross sections showing aquifers and confining units. 15.27.508 Prohibited Uses The following uses and activities are prohibited within a designated hydrologically related critical area: (1) Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; (2) The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel; (3) The drainin• or fillip_ of a wetland lake or pond except as provided for in § 15.27.519; 344 (4) The removal and transport of material for fill outside of the stream rnrr r1 rCr• (5) Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include Regional Wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities; (6) Solid waste disposal sites; (7) Automobile wrecking yards; (8) Fill for the sole purpose of increasing land area within the stream corridor; (9) Uses located within the floodway fringe that are listed in § 15.27.410; and (10) Uses located within the floodway that are listed in § 15.27.412. 15.27.509 General Policies and Standards The following policies and standards shall apply to any development construction, or use carried out within a designated hydrologically related critical area: (1) The ordinary high water mark of a stream or lake, and the edge of a wetland shall be marked on the ground before any development, a construction, or use is initiated. (2) Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible. (3) Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible. (4) Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and /or federal agency may be considered. (5) Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation projects using the Eastern Washington Stonnwater manual are exempt from: a. Excavation, grading, cut /fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load. b. The removal of ground -cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion. c. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on -site facilities for the detention, 345 control, and filtration if potential increases have been identified to occur. d. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion. e. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established. (6) Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal conform, toxins, and other biochemical substances. (7) Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected. (8) Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low -risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor. (9) Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters. (10) Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas. (11) Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration. (12) The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency. (13) Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished. (14) Development, construction, or uses within the hydrologically related critical area shall be mitigated using mitigation sequencing as outlined in § 15.27.307 Mitigation Requirements. (15) Development shall not obstruct, cut off, or isolate stream corridor features. (16) Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership. (17) If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the City of • Yakima, the Washington State Office of Archaeology, and Historic Preservation and any affected Indian Nation. Archaeological sites are subject to RCW 27.44 Indian Graves and Records and RCW 27.53 346 Archaeological Sites and Records. Development or uses that may impart such cites shall cc,mpl \ th WAr ')5_4R Orchaer,lnrrical Excavation and Removal Permit. (18) Projects located within the floodway must meet the requirements of § 15.27.411 Permitted Uses. (19) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas shall be re e aired at the com eletion of construction usin• the reclamation found in § 15.27.521 : >,. ater bepenclencv Development Standards�and= Buffer; � ��yz .. _. -, 15.27.510 Use Classifications For purposes of this section, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform with the development standards applicable to the classification provided in §§15.27.511 - 13: 1) Water Oriented Uses are one of the following two (2) categories of uses: a) Water- dependent uses include dams, water diversion facilities, marinas, uoat launching facilities, water intakes and uuLLa aquaculture, 1U booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in -water or on -land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore. b) A water - related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location either because it requires large quantities of water, or because it provides services for water dependant uses and the proximity to its customers makes such services less expensive and/or iiloie convenient. Exaiiiples would include thermal power plants, sewage treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops. 2) Non - water - oriented uses include any use not qualifying as uses in subsection (1) above. 15.27.511 Water- dependent Uses The following provisions shall apply to water - dependent uses: (1) Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore. (2) Use areas and structures which require direct shore locations shall be 347 located and constructed to minimize impacts to the shore area and the vegetative buffer specified in § 15.27.514 (Vegetative Buffers). (3) Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of noinial public navigation of the surface water. 15.27.512 Water- related Uses The following provisions shall apply to the water - related uses: (1) Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. (2) Structures and use areas shall not be located within the vegetative buffer specified in § 15.27.514 (Vegetative Buffers) except where existing development or the requirements associated with the use make such a location unavoidable. 15.27.513 Non -water Oriented Uses The following provisions shall apply to non - water - oriented uses: (1) Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in § 15.27.514 (Vegetative Buffers). (2) Construction abutting the vegetative buffer specified in § 15.27.514 (Vegetative Buffers) shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer. 15.27.514 Vegetative Buffers The establishment of a vegetative buffer system is necessary to protect the functions and values of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, ponds, and wetlands are listed in Table 5 -1 and 5 -2. 1) Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes and ponds, and from the edge of the wetlands. The width of the buffer shall be determined according to the stream or wetland type. Buffer width may be reduced through an adjustment peiiiiit process (§ 15.27.317). However, the Administrative Official may not approve reductions to the standard buffer widths for wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, except where it can be shown that a particular wildlife species needs within the buffer can be met with a smaller buffer. 2) Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program and are not part of this Title. 3) The minimum buffer widths listed in Tables 5 -1 and 5 -2 are the lowest possible buffer widths allowed by means of the adjustment process. 348 Adjustments below the minimum buffer width must meet additional annrnval rritPria ac nrnvirlarl in R 1 S ') 31'7[ (r1\ ArliiiotMer to 4) The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. a. If the vegetation is degraded, then re- vegetation may be considered with any adjustment to the buffer width. b. Where the use is being intensified, a degraded buffer may be re- vegetated to maintain the standard width. Table 5 — 1 ***The Administrative Official may not approve reductions to the standard buffer widtlzs r wetlands th foat scoe medium (20 -28 points) or hij h (29 -3 r 6 points) for wetland habitat function, except where it can be shown that a particular wildlife species needs within the buffer can be met with a smaller buffer.*** Stream Type Buffer Width standard /(minimum adjustment) Type 1 Shoreline streams, lakes and ponds 100' Type 2 streams, lakes and ponds 75'/(25') Type 3 streams (Perennial), la and 50'/(25') nnndc Type 4 streams (Intermittent), lakes and 25'/(15') ponds Type 5 streams (Ephemeral) No buffer standards Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. ** *The Administrative Official may not approve reductions to the standard buffer widths for wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, except where it can be shown that a particular wildlife species needs within the buffer can be met with a smaller buffer.*** Table 5 -2 Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands ( standard /minimum) (standard /minimum) (standard /minimum) (standard /minimum) 200'/100' 150'/75' 100' /50' 50'/25' 3i21 iuuuuicauuu ,eveluatuvituoutuualitusr ='is w, 15.27.515 Roads, Railroads, and Parking The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated hydrologically related critical area: 349 (1) Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor. a) Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor; b) Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact. c) Roadways within the stream corridor shall not hydrologically obstruct, cut -off or isolate stream corridor features, unless it is clearly unavoidable. (2) Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the stream corridor. (3) Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood - prone. (4) Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor. (5) Bridges and water - crossing structures shall not constrict the stream channel or impede the flow of ordinary high water, sediment, and woody debris. (6) The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multi -plate pipes, and bottomless arches are preferred. (7) The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion - resistant materials. (8) Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife. (9) At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event. (10) Roads must be designed and constructed using established flood resistant design and construction methods when the road is possibly subject to flood water damage. (11) Roads and bridges within floodways must meet the requirements of § 15.27.411(8) and (3), unless an engineer can demonstrate another appropriate method. 350 15.27.516 Utility Transmission Lines and Facilities The following provisions shall apply to the location, construction, and installation of utility transmission lines (such as those for wastewater, water, communication, natural gas) within a designated hydrologically related critical area: (1) Utility transmission lines shall be permitted within the stream corridor • only where it is necessary to cross the corridor or where development, topography, and other conditions preclude locations outside the stream corridor. a) Utility transmission lines across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. b) The construction of utility transmission lines within a stream corridor shall be designed and located to provide a minimum disruption to the functional properties. (2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor. (3) Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent or potential channel migration as determined by hydrologic analysis. (4) Wherever possible, new aboveground installations shall use existing bridges or pole facilities. (5) Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is reasonably practical. . (6) Transmission support structures shall be located clear of high flood velocities and located in areas of minimum flood depth, which require the least amount of floodproofing. (7) Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow. (8) All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of 15.27.407(b) (re: infiltration or discharge into or out of the system). (9) Utility transmission lines within the Floodway Fringe shall meet the standards of § 15.27.409(2). (10) Utility transmission lines within the Floodway shall meet the standards of § 15.27.411(3). 15.27.517 Shore Stabilization The following provisions shall apply to shore stabilization projects: (1) Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties. 351 (2) Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise. (3) Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property. (4) The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with § 15.27.519 Filling. (5) Stabilization projects shall use design, material, and construction alternatives that does not require high or continuous maintenance, and which prevents or minimizes the need for subsequent stabilization of the shore's other segments. (6) Alternative Preferences Vegetation, berms, bioengineering techniques, and other nonstructural alternatives, which preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. While riprap, rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization. (7) Applications to construct or enlarge dikes or levees shall meet the requirements of § 15.27.411(7). (8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore. (9) Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or other solid construction methods. (101 All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance and repairs for the life of the project. 15.27.518 Dredging and Excavation The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area: (1) Dredging in surface waters shall be allowed only where necessary: a. Because of existing navigation needs; b. Habitat improvement; c. Maintenance, and d. Construction of water dependant uses. (2) Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use. (3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. (4) Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. 352 (5) Entries across shore and wetland edges to accomplish dredging or +; shall 1.0 confined l +,- the minimum gain ,,,.,] excavation u'. VV111111Nl1 LV LA dllillilllulll area t1lJ4l.JJQ1 , to b 'LUll entry and shall be confined to locations with the least potential for site disturbance and damage. (6) Dredging and excavation shall be scheduled at times having the least impact to fish durin_ s.awnin• nesting and other identified natural .rocesses. (7) Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. 15.27.519 Filling Th following provisions shall apply to f illinu activities wit hin a desi n ated hydrologically related critical area: (1) Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water - dependent uses, or an approved reclamation plan under § 15.27.521 or approved compensatory mitigation plan under 15.27.604. (2) Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter's policies. (3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas havin • the least im .act to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero -rise methods such as piers, posts, columns, or other methods. (4) Fill in floodnlains shall meet the recuirernents of 8 Part Four Flood Hazard Areas. (5) Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality. (6) Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes. (7) Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless the Washington Department of Fish and Wildlife indicates other options are preferred. (8) Projects that propose fill shall make every effort to acquire fill onsite (compensatory storage) where appropriate. (9) Fill should not obstruct, cut off, or isolate stream corridor features. 15.27.520 Commercial Mining of Gravels The following provisions shall apply to the commercial mining of gravels within a designated hydrologically related critical area: 353 (1) Prior to the authorization of commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following: (A) The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation; (B) The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation; (C) The description, location, and extent of any proposed subsequent • use that would be different than existing uses. 12) Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). (3) Any surface mining allowed within the floodway shall meet the standards of § 15.27.411 (2). (4) Except where authorized by City of Yakima in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply: (A) The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. (B) Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM. (C) Gravel washing, rock - crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM. (5) Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards, (WAC 332 -18, RCW 78.44). 15.27.521 Reclamation The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities with a designated hydrologically related critical area: (1) Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation. (2) Large -scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed. (3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing season, and other seasonal variables that influence restoration and recovery. (4) Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas. 354 (5) Where existing development and construction prevent return of a site to its natural co nditi o s it e s may be finished to conditions comparable t surrounding properties provided suitable protective measures are used to prevent stream corridor degradation. (6) Cut - and -fill slopes shall be stabilized at, or at less than the normal angle of repose for the materials involved. (7) The replacement or enhancement of vegetation within wetlands and required vegetative buffers shall use naturally occurring, native plant species. (8) In other parts of the stream, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the Administrative Official or designee is provided. Should good cause be shown then self - maintaining or low- maintenance plant species compatible with the native vegetation shall be used in place over of non - native and high- maintenance species. 355 CHAPTER 15.27 PART SIX WETLANDS Sections: 15.27.600 Purpose and Intent 15.27.601 Designating and Mapping 15.27.602 Protection Approach 15.27.603 Wetland Functions and Rating 15.27.604 Compensatory Mitigation 15.27.605 Wetland Mitigation Banks 15.27.600 Purpose and Intent - The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for § 15.27.500. 15.27.601 Designating and Mapping 1) Wetlands are all areas meeting the definition for wetlands as defined in 15.27.299 and are hereby designated critical areas which are subject to the provisions of this chapter. Except the following: A) Irrigation systems that create an artificial wetlands. B) Areas where changes in irrigation practices have caused wetland areas to dry up. 2) The approximate location and extent of wetlands are shown on maps maintained by The City of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the City of Yakima. 15.27.602 Protection Approach Wetlands will be protected using the Protection Approach for Hydrologically Related Critical Areas found in § 15.27.501. Wetlands and their functions will be protected using the standards found in Part Four. 15.27.603 Wetland Functions and Rating 1) Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions: a) Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals and toxics retention and transformation). b) Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge. 356 c) Food and habitat functions, which includes habitat for i p bi .r r.,,v ous fish, fish, birds, invertebrates, �vvi u�u., alil i N l u viull., a11U'11U111UU. 11.11, 1% 1Ullll 11.11, Ull UJ, and mammals. 2) Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provide in the Washington State Wetland Rating System f for Eastern Washington, revised August 2004 (Ecology Publication #04 -06 -15 which are summarized below: a) Category I wetlands are more sensitive to disturbance than most wetlands, are relatively undisturbed, and contain ecological attributes that are difficult to replace. Generally, these wetlands are not common and make up a very small percentage of the wetlands within the City of Yakima. The following types of wetlands are classified as Category I: i.Wetlands scoring 70 points or more (out of 100) in the Eastern Washington Wetland Rating System ( EWWRS); ii. Alkali wetlands; iii. Natural heritage wetlands (wetlands identified by Washington Depai nnent of Natural Resources Natural Heritage Program scientists); and iv. Bogs. h) Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. Category II wetlands include: i.Wetlands scoring between 51 -69 points (out of 100) in the EWWRS; and ii. Unassociated vernal pools. iii. Forested Wetlands c) Category III wetlands are often smaller, less diverse and /or more isolated from other natural resources. Category III wetlands include: i. Wetlands with a moderate level of functions (scoring between 30 -50 points) in the EWWRS; and ii. Associated 'Vernal pools. d) Category IV wetlands have 7�the lowest levels of functions, scoring less than 30 points in the I V3 3C T i Category IV wetlands 4ten heavily disturbed and are wetlands that should be able to be replaced. 3) Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that can not be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the EWWRS rating sheet to complete the rating. 15.27.604 Compensatory Mitigation Requirements — Projects that propose compensation for wetland acreage and /or functions are subject to State and Federal regulations. Compensatory mitigation for alterations to wetlands shall 357 provide for a no net loss of wetland functions and values, and must be consistent with the mitigation plan requirements of & 15.27.314(13). The following documents were developed to assist applicants in meeting the above requirements. 1) Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals or as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04- 06 -013B - http: / /www. ecy.wa. gov/ programs /sea/bas_wetlands /volume2 final.html). 2) Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent with "Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands — Appendix 8 -D- .� 8-D3" or as revised (Washington State Department of Ecology. Publication number 05 -06 -008 - http: / /www. ecy.wa. gov /programs/ sea / bas _wetlands /volume2final.html). 15.27.605 Wetland Mitigation Banks 1) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a) The bank is certified under RCW 90.84 or WAC 173 -700; b) The Administrative Official determines that the wetland mitigation bank can provide appropriate compensation for the authorized impacts; and c) The proposed use of credits is consistent with the terms and conditions of the bank's certification. 2) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. 3) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. 358 CHAPTER 15.27 PART SEVEN GEOLOGICALLY HAZARDOUS AREAS Sections: 15.27.700 Purpose and Intent 15.27.701 Mapping and Designation 15.27.702 Geologically Hazardous Areas Protection Approach 15.27.703 Development Review Procedure for Geologically Hazardous Areas 15.27.704 General Protection Requirements 15.27.700 Purpose and Intent 1. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake or other geological events. These areas pose a threat to the health and safety of the City of Yakima's citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided. 2. The purpose of this section is to: a. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas; b. Maintain natural geological processes while protecting new and existing development; and c. Establish review procedures for development proposals in geologically hazardous areas. 4) This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This section shall not create liability on the part of the City of Yakima, any officer, or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 15.27.701 Mapping and Designation 1) Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365 - 190- 080(4)(b) -(h): a) Erosion hazards; b) Landslide hazards, which include: i. over steepened slopes; ii. alluvial fan/flash flooding; iii. avalanche; and iv. stream undercutting c) Seismic hazards (referred to below as earthquake hazards); d) Volcanic hazards; 2) The approximate location and extent of erosion hazard areas are shown on the City of Yakima's critical area map titled "Erosion Hazard Areas of 359 the City of Yakima ". Erosion hazard areas were identified by using the "Soil C,.,.,,e,� o,FV. l' Li o,l,nf Ares Washington a 1 f1 S ;1 Survey IJVII Survey of Yakima V VN /tt Area, " and 111M "Soil /Jl4l VG of Yakima Indian Reservation Irrigated Area, Washington, Part of Yakima County ". The analysis utilized the general soil map unit descriptions of severe and very severe hazard of water erosion. 3) The approximate location and extent of Geologically Hazardous Areas are shown on the City's critical area map titled "Geologically Hazardous Areas of the City of Yakima ". The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365 - 190- 080(4)(b) -(h): a) Landslide hazard areas (LS) — These include places where landslides, debris flows, or slumps have occurred. i. High Risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump within 10,000 years or less. ii. Intermediate Risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than 10,000 years, but are still capable of movement. iii. Low Risk areas are defined as: Areas unlikely to fail. These areas are unlabeled and combined with other Low Risk categories. b) Over steepened slope hazard areas (OS) - These include areas with slopes steep enough to create a potential problem. i. High Risk areas (0S3) are defined as: Having a high potential to fail, include slopes greater than 40 %, and consist of areas of rock fall, creep, and places underlain • with unstable materials. ii. Intermediate Risk areas (0S2) are defined as: Areas less likely to fail but are still potentially hazardous. This category includes slopes between 15% and 40 %. iii. Low Risk areas are defined as: Areas unlikely to fail. These areas are unlabeled and combined with other Low Riek r c) Alluvial fan /flash flooding hazard areas (AF) - These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding. These area may include: i. Alluvial fans; ii. Canyons; • iii. Gullies; and iv. Small streams where catastrophic flooding can occur. 1 d) Avalanche risk hazard areas (AR) - Areas of avalanche hazards are limited to areas near Cascade Crest, which are currently located outside the City of Yakima's UGA. 360 e) Stream undercutting hazard areas (SU) - These areas are confined to banks near main streams and rivers where undercutting of soft materials may result. i. High Risk areas (SU3) include steep banks of soft material adjacent to present stream courses. ii. Intermediate Risk areas (SU2) are banks along the edge of a flood plain but away from the present river course. Low Risk areas are unlabeled and combined with other Low Risk areas on the maps. f) Earthquake activity hazard areas (EA) - Recorded earthquake activity in the City of Yakima is mostly marked by low magnitude events and thus low seismic risk. The City of Yakima's Low Risk, areas are unlabeled, and combined with other low risk hazards. g) Suspected geologic hazard areas (SUS) — These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1 -2 -3) is given for these areas. Most are probably OS or LS hazards. h) Risk unknown hazard areas (UNK) - This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination. All of these areas are associated with other classified geologic hazards. 4) Volcanic Hazard Areas are not mapped but are defined as areas subject to pyroclastic (formed by volcanic explosion) flows, lava flows and inundation by debris flows, mudflows or related flooding resulting from volcanic activity. Volcanic Hazard Areas in the City of Yakima are limited to pyroclastic (ash) deposits. No specific protection requirements are identified for volcanic hazard areas. 15.27.702 Geologically Hazardous Areas Protection Approach The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. 1) Erosion hazard areas — Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11 Building Code. Title 11 requirements can be met by the application of the Best Management Practices (BMPs) in the Eastern Washington Stonnwater Manual (WDOE Publication number 04 -10 -076); equivalent manual adopted by the City of Yakima; or any other approved manual deemed appropriate by the Building Official. 2) Landslide hazard areas - Protection measures for landslide hazard areas will be accomplished through the review process of * 15.27.703, by implementing the development standards of § 15.27.704, 361 3) Alluvial fan /flash flooding hazard areas - Protection measures for oll„ 1 fon /fiord, f loc i r, i,o rd , ;11 ill b e acco ...1; -.�.� uli V (.1.111 11(1011 11VVU111� uuv aid areGlo UV 111 J11%.0 Lill 0U611 the review process of § 15.27.09.04. 4) Stream undercutting hazard areas - Protection measures for stream undercutting hazard areas will be accomplished by Critical Areas review for flood hazards, streams, and Shoreline jurisdiction. 5) Avalanche hazard areas - This condition is outside the City of Yakima's UGA and, therefore, does not apply. 6) Oversteepened slope hazard areas - Protection measures for oversteepened slope hazard areas will be accomplished through the review process of § 15.27.703, by implementing the development standards of § 15.27.704. 7) Earthquake /Seismic hazard area protection standards - Protection measures for earthquake /seismic hazard areas will be accomplished by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. 8) Suspected geologic hazard areas and Risk unknown hazard areas - Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of § 15.2 7.703 and by implementing the development standards of § 15.27.704. 15.27.703 Development Review Procedure for Geologically Hazardous Areas 1) The Administrative Official shall make a Determination of Hazard to confilni whether the development or its associated facilities (building site, access roads, limits of grading/ excavation/ filling, retaining walls, septic drainfields, landscaping, etc.) are: a) located within a mapped geologically hazardous area; b) abutting or adjacent to a mapped geologically hazardous area and may result in or contribute to an increase in hazard, or pose a risk to life and property on or off the site; c) located within a distance from the base of an adjacent landslide 1,a72rrl 21-P51 enimzl to t1:P vprtionl rp1irf ref s nirl 112. �nrrl Wren• r r d) located within the potential run -out path of a mapped avalanche hazard. 2) Developments that receive an affirmative Deteiiiiination of Hazard by the Administrative Official under subsection (1) above, must conduct a Geologic Hazard Report as provided 15.27.315(3), which maybe •art of a GeoTechnical Resort resuired below. a) If the Geologic Hazard Report determines that no hazard exists or that the project area lies outside the hazard, then no Geologic Hazard 1 l l � Hazard review is needed. b) The Administrative Official is authorized to waive further Geologic Hazard review for over steepened slopes on the basis that the 362 hazards identified by the Geologic Hazard report will be adequately mitigated through the issuance of a grading or construction permit. 3) Developments that receive an affirmative Determination of Hazard, but do not meet the provisions of paragraph 2a or 2b above, must: a) Obtain a Critical Areas Development Authorization under Part Three; b) Submit a GeoTechnical Report that is suitable for obtaining grading and construction permits that will be required for development; i).The geo- technical report shall incorporate a submitted assessment which includes the design of all facilities; ii) A description and analysis of the risk associated with the measures proposed to mitigate the hazards, and iii) Ensure the public safety, and protect property and other critical areas. c) Be consistent with § 15.27.704. 15.27.704 General Protection Requirements 1) Grading, construction, and development and their associated facilities shall not be located in a geologically hazardous area, or any associated setback for the project recommended by the GeoTechnical Report, unless the applicant demonstrates that the development is structurally safe from the potential hazard, and that the development will not increase the hazard risk onsite or off -site. 2) Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the GeoTechnical Report. 3) The GeoTechnical Report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided. 4) The a• •licable re•uirements of • adin• and construction •ermits for developments in hazardous areas must be included in the development proposal and GeoTechnical Report. 363 CHAPTER 15.27 PART EIGHT CRITICAL AQUIFER RECHARGE AREAS (CARA) Sections: 15.27.800 Purpose and Intent 15.27.801 Mapping 15.27.802 Protection Approach 15.27.800 Purpose and Intent 1) The Growth Management Act (RCW 36.70A) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water, or areas where a drinking aquifers are vulnerable to contamination. These areas are referred to as Critical Aquifer Recharge Areas (CARA) in this section. 2) Potable water is an essential life sustaining element and much of the City of Yakima's drinking water comes from groundwater supplies. Once groundwater is contaminated it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area. 3) The intent of this section is to: a. Preserve, protect, and conserve the City of Yakima's CARA from contamination; b. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations. 4) It is not the intent of this ordinance to: a. Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with State and Federal regulations and label specifications); b. Enforce or prevent illegal activities; c. Regulate land uses that use or store small volumes of hazardous substances (including in -field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review); d. Establish additional review for septic systems, which are covered under existing City of Yakima review processes; e. Establish additional review for stormwater control, which is covered under existing review processes and has detailed pelinit review, or f. Require review for uses that do not need building permits and /or zoning review. The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control. 364 1 6 27 4/11 Mapping t ✓.v / .VVt lvtU JAfl �„ 1) Mapping Methodology — The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City of Yakima" located within the City's 2006 Comprehensive Plan. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology "Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances" (Publication #97 -30). The approximate location and extent of critical aquifer recharge areas are depicted on the above mentioned map, and are to be used solely as a guide for the City. The CARA mar estimates areas of moderate hii.h and extreme susceptibility of contamination, as well as, wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized: a) Depth to ground water; b) Soil (texture, permeability, and contaminant attenuation properties); c) Geologic material permeability; d) Recharge (amount of water applied to the land surface, including precipitation and irrigation). 2) Wellhead Protection Areas - The CARA map includes those Wellhead Protection Areas for which the City of Yakima has maps. Wellhead Protection Areas are required for all Class A public water systems in the State of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site specific information to determine the susceptibility of the water source to surface sources of contamination. Water b. the Washington + t ,�Jater sourvs.s are ranked v � pus. ,�,�aS��ing�v ^ii Sate Department of Health with a high, moderate or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten (10) y ear tim of ground water travel, in accordance with WAC 246 - 290 -135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible. 15.27.802 Protection Approach 1) Maps shall be used only as an informational resource to communicate with applicants regarding potential problems in meeting the applicable laws on a particular site. The maps indicate that areas of high susceptibility tend to be located in valley bottoms and follow along floodplaiii and stream eorridors. Extreme susceptibility locatioIls are located largely within floodplains, and along streams and wetlands. 2) Land uses are subject to many existing, federal, state, local, or tribal laws regarding the handling of substances that may contaminate 365 CARAs. Disclosure, educational information, and coordination of existing laws during existing review processes can accomplish the re•uirement to •rotect the CARA. Conse•uentl the Cit of Yakima's protection of the CARA shall be accomplished through normal project permit review under various Yakima Municipal Codes, especially the stream protection standards in Part Five Fish and Wildlife Habitat and the Stream Corridor System, including § 15.27.508 Prohibited Uses, Title 11 Building Code, which provides detailed construction, use, and fire /life - safety standards for the storage and handling of dangerous and hazardous substances to a greater extent than most existing state and federal laws. 3) The Administrative Official shall develop and maintain a list of the relevant laws noted above. This list shall be informational, and is intended to be used in coordination with development permit review. This list shall be periodically reviewed and updated so as to provide the most comprehensive list possible to inform project applicants of the requirements of other agencies. 4) The Administrative Official shall also develop and maintain a table of land uses with the potential of being subject to the relevant laws noted above. The table shall be generated and maintained using the intent stated in § 15.27.800(4) Purpose and Intent. 5) The Building Official and Water /Irrigation Manager shall cooperatively develop questionnaires, to be filled out by new development peiuiit applicants, which comprehensively establish the potential use, storage, and handling methods within the project for substances that have the potential to contaminate groundwater. The questionnaires are intended to ensure full application of existing building and construction codes related to such substances in order to forestall new regulations. 6) The Building Official and Water /Irrigation Manager shall develop technical assistance and information materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and local laws relating to CARAs. 366 CITY OF YAKIMA CRITICAL AREAS ORDINANCE Appendix A Designated Type 2 Stream Corridors The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas Ordinance. 1. BACHELOR CREEK: From source at Ahtanum Creek (SEC13- TWP12N- RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC 1- TWP12N-RGE18E). 3. COTTONWOOD CANYON CREEK: From the south line of SEC32- TWP13N- RGE17E, downstream to mouth at Wide Hollow Creek (SEC36- TWP13N- RGE 17E). 6. HATTON CREEK: From its source at Ahtanum Creek (SEC18- TWP 12N- RGE17) downstream to its confluence with Ahtanum Creek (SEC 18 -TWP 12N- RGE18E). 8. WIDE HOLLOW CREEK: From the east line of the SW1 /4 of the NW1/4 (SEC28- TWP13N- RGE 17E) downstream to the mouth at the Yakima River. 367 Chapter 15.28 MASTER PLANNED DEVELOPMENT OVERLAY Sections: 15.28.010 Purpose. 15.28.020 Types of Master Planned Development Overlays — Permitted Uses. 15.28.025 Minimum Project Size. 15.28.030 Application — Master Planned Development Overlay. 15.28.035 Phased Development. 15.28.038 Planned Action — Environmental Review. 15.28.040 Review Process. 15.28.050 Master Planned Development Overlay — Development Agreement. 15.28.060 Implementing Permits and Approvals. 15.28.070 Vesting. 15.28.080 Modification of an Approved Master Planned Development Overlay. 15.28.010 Purpose. A. Purpose. A Master Planned Development Overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A Master Planned Development Overlay is intended to create regulatory incentives and standards that: (1) Allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses. (2) Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects; (3) Increase economic feasibility by fostering efficient arrangement of land use, buildings, transportation systems, open space and utilities; (4) Preserve or enhance natural amenities, features, Shorelines and Critical Areas in the development of a particular site; (5) Identify significant environmental impacts and ensure appropriate mitigation; (6) Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed use development within an identified geographic area and vest such projects through a public review process; (7) Encourage environmentally sustainable development; 368 (8) Provide needed services and facilities in an orderly, fiscally responsible manner (9) Promote economic development, job creation and diversification and affordable housing in the City /County; (10) Create vibrant mixed -use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities; and (11) Promote consistency with the goals, policies and objectives of the Yakima Urban Area Comprehensive Plan. B. A Master Planned Development may take the form of a residential, commercial, industrial or mixed -use development. Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning. Residential, Commercial and Industrial Master Planned Developments shall be allowed in zoning districts consistent with the primary use of the respective Master Planned Development (e.g., residential PD in residential zones). A Master Planned Development -mixed use shall be permitted in any zoning district subject to specific findings that the site and master concept plan are compatible with existing adjacent land uses. Applicants for Master Planned Development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian circulation; promote open space and use of natural and /or developed amenities; and provide an architecturally attractive, durable and energy efficient development. 15.28.020 Types of Master Planned Development Overlays — Permitted Uses. A. The following four types of Master Planned Development Overlays are authorized within the Yakima Urban Area: Master Planned Development - Residential. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings (single - family, two - family, or multiple- family) with attendant streets, utilities, public facilities and appurtenant common open space and recreational facilities or other areas or facilities. A residential Master Planned Development is authorized in any residential zone (Suburban Residential, Single Family Residential, Two Family Residential and Multi- Family Residential) and Professional Business (B -1) and Local Business (B -2) zones. The residential Master Planned Development may include incidental or supporting uses and facilities that era ronsictent with the primary use of the site for residenti dwelling units. Master Planned Development - Commercial. A commercial Master Planned Development is designed for the integrated site planning of commercial, retail, office or mixed commercial use (commercial, office 369 and retail) developments. The commercial Master Planned Development shall be for the primary purpose of providing commercial services and facilities and may include any incidental and /or supportive land uses. A commercial Master Planned Development is authorized in any commercial or business district (i.e., B -1, B -2, SCC, LCC, GC, CBD and RD) and Light Industrial (M -1) as identified in Table 4 -1. Master Planned Development - Industrial. An industrial Master Planned Development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The industrial Master Planned Development shall be allowed in Light Industrial (M -1) and Heavy Industrial (M -2) zoning districts as designated in Table 4 -1. Master Planned Development — Mixed Use. The intent of the Mixed Use Master Planned Development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses. Uses may be combined in single structures or buildings or may be designed in conjunction with other uses. A mixed use Master Planned Development is intended to accommodate larger scale residential, commercial, retail, office and /or recreational uses. It is recognized that mixed use development will include innovative planning techniques; a mixture and variety of land uses; integrated planning of site improvements and structures; and site planning that increases the economic feasibility and efficient use of land. A mixed use Master Planned Development is authorized in any zoning district except Airport Support (AS) and Heavy Industrial (M2). B. Master Planned Developments - Permitted Uses. The following uses are permitted in Master Planned Developments upon approval of a Master Development Plan: 1. Residential Master Planned Developments. a. One - family, two - family, and multifamily residences; b. Recreational and amusement facilities, which are intended to serve the Master Planned Development and general public including, but not limited to, golf courses, clubhouses, driving ranges, tennis courts, swimming pools, parks, community centers and playgrounds; c. Schools, libraries, museums, art galleries; d. Public services and facilities including police and fire stations; e. Manufactured home park and subdivision, provided that the provisions of Section 15.04.120 shall be met as a condition of approval of the Master Planned Development; f. Any other uses authorized in the underlying_zone are pursuant to Type (1), (2) or, (3) review and are set forth in Table 4 -1. 2. Commercial And Industrial Master Planned Developments. a. Uses are peimitted in accordance with those uses allowed within the underlying zoning district as identified in Table 4 -1. 370 b. Such other uses as are consistent with the Yakima Urban Area Cnmprehencive Plan and Fntnrp 1 and T Tca Mar nr are r f a similar type and intensity as those uses allowed within the underlying zoning district as identified in Table 4 -1. 3. Mixed Use Master Planned Development. a. Any residential, retail, commercial, office, public, light industrial and /or recreational use may be permitted in a mixed use Master Planned Development provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and development. It is recognized that uses may include a combination of residential, commercial, retail, service and recreational uses developed in an innovative manner. It is the intent of this district to provide flexibility in design, concept and usage in order to respond to and meet the needs of the community and marketplace. C. Additional Uses Allowed: Unless otherwise restricted by Section 15.28.020 (B), the Hearing Examiner is authorized to recommend additional uses within a Master Planned Development provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall take into consideration the following factors: 1. Any nonresidential uses proposed in a Master Planned Development - Residential shall be primarily designed and intended for the use of the residents within the proposed development and planned as an integral part of such Master Planned Development. 2. Non - residential uses within a Master Planned Development - Residential are limited to those uses allowed as Class (1) or Class (2) uses in Professional Business (B -1), Local Business (B -2), and Small Convenience Center (SCC), as listed in Table 4 -1 of the Urban Area Zoning Ordinance (UAZO). Such non - residential uses will be limited to no more than ten percent (10 %) of the land contained in the Master Planned Development, excepting recreational facilities or as otherwise provided in YMC 15.28. No commercial or other intensive non - residential use is permitted to be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning. 3. Residential uses within a Master Planned Development Commercial or Industrial shall be limited to those that are secondary to the primary commercial and industrial use and designed in a manner that is consistent with integrated site planning. 371 15.28.025 Minimum Project Size. The minimum project size for a Master Planned Development shall be five (5) acres. Ord. 98 -63 1 (part), 1998). All properties included in the Master Development Plan shall be contiguous, with logical outer boundaries. 15.28.030 Application — Master Planned Development Overlay A. Application for Master Planned Development Overlay. The Master Planned Development Overlay zone shall be established only in conjunction with a Master Development Plan, which sets forth the parameters for development of the property including a Site Plan and Development Agreement. An application for a Master Planned Development may be submitted as a concept plan or consolidated with site specific proposals (e.g., preliminary plat, use applications, etc.) The proposed master plan shall be for propert y under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of property within the master plan and all owners shall agree to be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties included in the master concept plan shall be contiguous with logical outer boundaries located within in the Urban Growth Area (UGA). A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the City of Yakima provided that all areas are located within the UGA. Applications for Master Planned Development Overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing: 1. Annexation of the remainder of the property lying outside of city limits into the City of Yakima; or 2. Submit a petition for annexation to the Yakima City Council for the above mentioned property, and attain and submit an Early Transfer of Jurisdiction letter to the City of Yakima releasing the proposed land use application to be processed by the City of Yakima. B. Development Plan — Submission Requirements. An application for Master Planned Development shall include the following information: 1. Planning History. A summary of all previous known land use decisions affecting the applicant's property and a list of all outstanding conditions of approval with respect to such prior land use decisions. 2. Existing Property Infonuiation. An application for a master plan development shall contain the following information on and adjacent to the site, presented in narrative, tabular and /or graphic fonnats: a. Vicinity map that identifies surrounding uses within 500 feet of the site boundary. b. Legal description for the proposed Master Planned Development together with a title report disclosing all lien holders and owners of record. 372 • c. Zoning map that identifies base and overlay zoning designations for the site o an surrounding property within 500 feet o f th .,;+., boundary. .�iw uuu .�uaivulivaiag prvpda L uses vV 1.11111 Juu 1l.l.L of L11 , .71L vuuuuary. d. Site description including the following information provided in narrative, tabular and /or graphic foiniats: i. Topography and natural resources including 100 -year flood lain wetlands, rivers, streams or other critical areas; and natural hazards such as steep slopes greater than 15 %, and unstable, impermeable or weak soils. ii. Inventory of cultural, historic and /or archaeological resources on the site, if any. iii. Existing buildings, if any, including use, location, size and date of construction. iv. Existing on -site transportation systems including streets, sidewalks and bike paths, if any. v. Location and size of existing public and private utilities on the site including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines. vi. Location of public and private easements. vii. A description of the type, design and characteristics of the surrounding properties for purposes of assessing the proposed Master Planned Development effects. 3. Technical Studies. Technical Studies may be required by the Administrative Official when potential adverse impacts are identified outside of • the SEPA regulatory review process and may include the following: a. A Traffic Impact Analysis sufficient to assess access to the site and within the site, on- street parking impacts and limitations and necessary traffic - related improvements; b. Drainage Study; c. Geotechnical Analysis; d. Noise Analysis; e. Visual Comnosite; f. Other analysis of potentially significant issues as identified during the SEPA environmental checklist review. 4. Site Plan. The application shall include a concept Site Plan which includes the following elements a. Project boundaries; b. Primary uses and ancillary uses; c. Existing and proposed structures; d. Gross floor area of development; e. Maximum building heights; f. Minimum building setbacks; n N/T Int nnv nr h. Any other development standards proposed to be modified from the underlying zoning district requirements; i. The proposed circulation system of arterial and collector streets, including if known, the approximate general location of local streets, 373 private streets, off - street parking, service and loading areas, and major points of access to public rights -of- -way, with notations of proposed public or private ownership as appropriate. j. The proposed location of new and /or expanded public and private utility infrastructure. k. Site - screening, landscaping and street trees. 1. A Master Planned Development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the Master Planned Development, which shall reasonably transition the Master Planned Development to any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation is to be provided within one hundred feet (100) of a Master Planned Development boundary, site screening shall be provided in accordance with YMC 15.05.020. m. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. Site features as appropriate to mitigate traffic, environmental, geotechnical and other impacts as identified in technical studies required by this Chapter. n. Shoreline and Critical Areas where applicable. 5. Development Agreement. The application should also include a Draft Development Agreement including the following elements: a. Narrative Description of Project and Objectives b. Summary of Development Standards c. Site Plan Elements d. Development Phasing, including times of perfonuance to preserve vesting (YMC 15.28.070) e. Public Meeting Summaries f. Performance Standards and Conditions addressing items "a" through "e" above g. Criteria for Determining Major vs. Minor Modifications and amendments h. Signatures by each owner of property within the Master Development Plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained with an approved Plan and Development Agreement. 15.28.035 Phased Development. The Master Planned Development Overlay application may include two (2) or more phases of development provided that: A. The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development; 374 • B.. The proposed timing or sequencing of development, recognizing that 11as1u_ ma— 1 U1I s.' 11s.AIul that is reJ U11s1VC W market demands; C. Each phase will be subject to development standards identified, adopted, and vested in the review process; and D. Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed. 15.28.038 Planned Action — Environmental Review. An application for Master Planned Development Overlay shall include a completed Environmental Checklist. If requested by Applicant and deemed appropriate by the City /County, a Master Planned Development Overlay proposal may be designated by the City /County as a planned action pursuant to RCW 43.21C.031(2) and WAC 197 -11 -164 et seq. 15.28.040 Review Process. A. The Master Planned Development Overlay application shall be reviewed using the rezone procedures described in YMC Section 15.23.030 The criteria of 15.23.030 (E)(1 - 7) shall not be used. Upon filing of a complete Master Plan application and completion of the required environmental review process, the planning department shall forward the application, together w ith its rPcomme to th Hearing Examiner to conduct a public hearing and review in conformity with YMC Section 15.23.030. B. Pre - application Conference. A Master Planned Development site plan shall be subject to a pre - application conference prior to foi11ial submittal. The preliminary site plan shall be submitted to the Administrative Official, which shall include the material outlined for a master concept plan as set forth in YMC 15.28.030(B). The Administrative Official shall coordinate with the appropriate departments and provide recommendations to the applicant regarding site planning; use and concept design; street and utility layout, design and location; development standards; and other matters pertinent to the application and review criteria. C. Public Hearing and Recommendation. A master plan development ^. Yxf5?i0,11 rx I e1 all 1 x°�x��xxiPr? sr, ar rxs:va� - rar�:'a . ,,11:1;.: ?z AOS =i .. r: 1:ar..•A 11-.A ...a,.i Y 1V Y♦ vu iii (.111 vNv11 L I "J1 t 1rua111v 11vu1111r,, Li S.. S., u1ti. Hearing Examiner. Hearings shall be as prescribed in YMC 16.03.030 and .040. The Hearing Examiner shall apply the Master Plan Development review criteria set forth herein and issue a written recommendation to the legislative body to approve, approve with conditions or deny the proposed Master Planned Development. The Hearing Examiner may add recommended conditions as necessary to protect the general public interest, health, safety, comfort and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall specifically include findings, conclusions and conditions based on evidence and testimony in the open record public hearing. D. Master Plan Development — Review Criteria. The Hearin. examiner shall evaluate a Master Planned Development application and other evidence 375 submitted into the record, and shall issue such recommendation based upon the following considerations and criteria: 1. The master plan development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts; to respond to market conditions; or to otherwise achieve the public benefits contemplated by the concept plan. 3. Consideration shall be given to "low impact development" concepts. 4. There will be adequate infrastructure capacity available by the time each phase of development is completed. 5. The Master Planned Development contains design, landscaping.. parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, site screening, buffers and other design features or techniques. 6. All potential significant off -site impacts including noise, shading, glare and traffic have been identified and mitigation incorporated to the extent reasonable and practical. 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. 8. The proposed development is not adverse to the public health, safety or welfare. 9. The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. 10. The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the appropriate jurisdiction. D. Legislative Body. Following receipt of the Hearing Examiner's recommendation, the legislative body shall schedule a closed record hearing for consideration of the Hearing Examiner's recommendation on the Master Planned Development Overlay application. Upon conclusion of said hearing, the legislative body may: 1. Accept the Hearing Examiner's recommendation; or 376 2. Remand the Master Planned Development application to the Hearing i Examiner t p ro v ide supplementary findings a cl ��........�v. ... i ............ .,... uuui�,u and conclusions on specific issues; or 3. Modify Hearing Examiner's recommendation based upon testimony and evidence provided at the open record public hearing. In the event of a modification of the Hearing Examiner's recommendation, the legislative body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with their final determination. 4. Deny the application, with or without prejudice. E. Appeals. The legislative body's decision shall be the final decision on the project permit application, subject to appeal pursuant to the Land Use Petition Act (LUPA) — RCW Ch. 36.70C. 15.28.050 Master Planned Development Overlay — Development Agreement. An approved Master Planned Development Overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.70B.170. The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the Master Planned Development. This agreement shall be binding on all property owners within the Master Planned Development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved Master Planned Development. The approved development agreement shall be signed by the City Manager or chai1111uan of the Board of the Yakima County Commissioners and all property owners and lien holders within the boundaries of the Master Planned Development Overlay and recorded prior to approval and /or issue of any implementing plats or permits. • 15.28.060 Implementing Permits and Approvals. A. Implementing Applications. Any development applications submitted for property within an approved Master Planned Development Overlay shall be reviewed for consistency with and implement the Master Planned Development plan. Such implementing applications with appropriate fees shall include but not be limited to __ for preliminary plat approval, binding site plans, certificates of zoning review, building permits and other similar applications. Any subsequent application shall be reviewed and approved in accordance with the conditions and standards adopted in the Master Planned Development Overlay. B. Planned Action — Environmental Review. An applicant may submit a Master Planned Develoement conce•t elan as a planned action pursuant to t i T A !"'� 1197-11-164. rl / A_ A A 1 1 1 vvJ Iy project review pursuant is the authorized planned action shall include the following: 377 1. Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in the Master Planned Development approval and ordinance or resolution; and 2. Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the context of the master plan review processes. In the event the implementing project meets the above requirements, the Administrative Official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required. [WAC 197 -11- 172(2)]. The City /County is authorized to place conditions on the project in order to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying peiuiit. 15.28.070 Vesting. A. The Master Plan Development review shall be vested to development regulations, standards, conditions and laws applicable at the time the development agreement described in YMC 15.28.050 is recorded, inclusive of specific conditions and standards set forth in said development agreement. The vesting period shall be for the time stated in the development agreement associated with each specific Master Planned Development and shall be agreed upon by the parties to the development agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the Master Planned Development in accordance with the terms and conditions of approval described in the development agreement. B. Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in public facilities such as sewer and water, if such reservations are specifically agreed upon in the development agreement required by YMC 15.28.050. Such reservations shall be applicable for the time as set forth in the development agreement. 15.28.080 Modification of an Approved Master Planned Development Overlay. Implementation of the Master Development Plan shall be reviewed through the Type (1) review process. Modifications to the adopted Master Development Plan and /or Development Agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination. 378 A. Type (1) Review Projects or Actions. Type (1) review process shall be anrlie to (1) f projects or actions in rnmrl;nn v . w; +h v a e ll 1 a A fnst .... ..., �. ...,.. ... r..,�....w .,. .,....�.,�..� V V vt. v i�u C11.1. appry ` V %avlUJ1/1 Development Plan and Development Agreement. and B. Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved Master Development Plan or Development Agreement. A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan. 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent (5 %). 3. The amendment does not materially change the type and character of approved uses. 4. The amendment does not materially change parking or traffic circulation within the development. 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical area or other mitigation measures. 6. The amendment does not materially impact the overall design of the approved master plan. 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the Master Planned Development which are deemed not to be material or significant in relation to the entire Master Planned Development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. C. Type (3) Review Projects or Actions. A major modification to the Master Development Plan shall be subject to a Type (3) review and shall be referred to the Hearing Examiner in accordance with YMC 15.14.040. A "major modification" shall uv any modification 1U all appro VGU Master Development Plan or Development Agreement that is deemed to be more significant than a "minor modification" as described herein above. D. Type 2 and 3 review shall be conducted consistent with the provisions of YMC 15.14, and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original Master Development Plan and Development Plan approval shall be followed. 379 Chapter 15.30 AIRPORT OVERLAY (ASO) Sections: 15.30.010 Purpose. 15.30.020 Definitions. 15.30.040 Class (1) uses. 15.30.050 Class (2) and Class (3) uses. 15.30.060 Application requirements. 15.30.070 Height limitations and additional requirements. 15.30.080 _Special provisions for new airports, heliports and landing fields. 15.30.010 Purpose. The Airport Safety Overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field and any other state and federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77. 15.30.020 Definitions. The following teuiis are established for the purpose of protecting the airspace of the Yakima Air Terminal at McAllister Field or any other state and federal system airport: (A) "Airspace Hazard: Any hazard" means any structure, tree, or use of land which compromises public safety or obstructs the airspace required for the safe operation of aircraft in or around an airport, as deteiiiiined by the ReviewingAdministrative Official under this title. (B) "Airspace Obstruction: Any obstruction" means any structure, tree, land mass, smoke or steam or use of land which penetrates the primary, approach, transitional, horizontal or conical surface of an airport as defined by Federal Aviation Regulations (FAR), Part 77. (C —) "Avigation Easement: An easement" means an easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace above, or in the vicinity of property. (D —) "Civil ' • . - : - - airport imaginary surfaces" means the imaginary airspace_(primary, approach, transitional, horizontal and conical surfaces) designated by the Federal Aviation Administration and as defined by FAR, Part 77. (E —) "Established Airport Elevation: The airport elevation" means the highest point of an airport's usable landing area, measured in feet above mean sea level. 380 �F. Hazard to Air Navigation: An) "Hazard to air navigation" means official al dete a ti on by the FAA A that an obstruction an. vua�.iui u�. waiuiitu t �tvat by ut�, t nn �11u� uit airspace VUJLl UVllVrt l.Vrts tl LlAleJ a hazard to air navigation. The FAA determination that an airspace obstruction • does not constitute a "hazard to air navigation" under federal regulations does not prevent the ReviewingAdministrative Official from determining that it is an airspace hazard or potentially incompatible land use under this title. .(G —) "Potentially Incompatible Land Use: Landincompatible land use" means land uses deemed potentially incompatible within the airport safety overlayAirport Overlay include: (14—) Those land uses located in the primary airport safety overlayAirport Overlay, being an area bounded by the limits of the approach surface and the transitional surface within the conical surface area, that are of such intensity as to potentially endanger public health, safety or welfare. Such uses include manufactured or mobile home parks, schools, places of public assembly, and multi - family residential uses; (2,)- -) Those land uses within the primary or secondary airport safety overlayAirport Overlay constituting airspace hazards, as deteuliined by the RcvicwingAdministrative Official. IF,—) "Runway Protection Zcnc(s): A protection zone(s)" means a trapezoidal area representing the ground level at the innermost portion of the runway approach as defined in the respective airport master plan. 15.30.030 Application of Airport Safety Overlay provisions. (A) All z,,,n districts regulated under this title lying within ihi he � � .. g i .. �:,: lying, 'vJ1u au uiv air-pert • safety overlay Airport Overlay are subject to the requirements of this overlay, except as may be otherwise stated herein. fB —) The Airport Overlay (ASOAO) contains those areas defined by Federal Aviation Regulations (FAR), Part 77 as imaginary surfaces and the Runway Protection Zonerunway protection zone(s) as illustrated on the Airport Layout Planairport layout plan (ALP) and zoning map, and comprised of two parts: (1)— The primary airport safetyoverlay area addresses land use compatibility with airport operations and structure height.- It is located in an area bounded by the limits of the Runwayrunway protection zone and the FAA defined approach and transitional surfaces within the conical surface area; and, (2)— The secondary airport overlay principally addresses structure height, particularly where a structure may constitute an incompatible land use under this tide.- it is bounded by the exterior of the conical surface area and the approach and transitional approach surfaces extending beyond the conical surface. 381 15.30.040 Class (1) uses. (A —) The uses listed as Class (1) uses within the underlying zoning district shall be subject to the height restrictions listed in Sections 15.30.070 or YMC chapterChapter 15.05, Table 5 -1, whichever is the more restrictive.- No separate application for a Class (1) use in the airport overlay is required, provided the ReviewingAdministrative Official can conclusively determine that the proposed structure or use: (1) —_Does not constitute a potentially incompatible land use; and (2) —_Will not exceed 35thirty -five feet in height; or, if greater than 35thirty -five feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77; and (3) —_Is not within a designated runway protection area or an identified future egsixty -five DNL aircraft noise impacted area within the airport master plan or the FAA approved airport layout plan. Such structures and uses shall in any case be subject to the limitation of Section 15.30.070 and to the recording of an avigation easement. (B —) Class (1) uses shall be subject to C1acType (2) application and review procedures pursuant to Section 15.30.060 where the use is a potentially incompatible land use, or where the RcvicwingAdministrative Official cannot make a conclusive deter nination as required in subsection (1). 15.30.050 Class (2) and Class (3) uses. (A —) The uses listed as Class (2) and Class (3) uses within the underlying zoning district are subject to: (1) —_The height restrictions listed in seetienSection 15.30.070 and YMC ch.Ch. 15.05, Table 5 -1, whichever are the more restrictive; (2)— The provisions of Chapter 15.04 and any other review criteria for the use required by the underlying zoning district; and, (3) —_A determination that the use can be appropriately conditioned to mitigate noise impacts and other airport safety concerns. Where an airspace hazard has been determined to exist by the RcvicwingAdministrative Official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using VFR, airport operations, and development patterns. 15.30.060 Application requirements. (A —) Applications for uses within the Airport Overlay established by this chapter shall include the following information: (1)— _Property boundary lines as they relate to the boundaries of the primary and secondary airport safety overlay.Airport Overlay; 382 (2)— _Location, elevation, and height of all existing and proposed buildings, s truetiirac utility lines and trees taller than QJ thirty-five feet in height description of the proposed use. (4) —_A statement of compatibility from the airport manager when the use is to be located within the Airport Safety- Overlay relative to the impact of the use on airport operations and safety. .(B —) In consideration of an application for a building, structure, or other use which will exceed 35 -thirty -five feet in height, the ReviewingAdministrative Official may require the applicant to submit either of the following: (1) — certificate from a registered professional engineer or a licensed land surveyor, which clearly states that no airspace obstruction will result from the proposed use, or (2)— _ Either or both of the following: (a) _The maximum elevations of proposed structures based on the established airport elevation and USGS datum.- Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot shown as mean sea level elevation or other available survey data. -The accuracy of all elevations shall be certified by the engineer or surveyor. (b) _ A map of topographic contours with not more than five foot intervals, showing all land within 100one hundred feet of the proposed structure(s) for which the permit is being sought- This map shall also bear the verification of a licensed land surveyor or registered professional engineer. 15.30.070 Height limitations and additional requirements. (A —) A building, structure, communication tower, use or tree that penetrates any of the FAA designated imaginary surfaces constit an obstruction within the ASOAO overlay.- Therefore, the allowable height of any building, structure, communication tower, use or tree within the air „art overlayAirport Overlay shall conform to the following: (1) —_The ground level elevation above mean sea level plus the height of any building, structure, communication tower, use or tree at its proposed location shall not penetrate any FAR, Part 77 designated imaginary surfaces of an airport. (2)— _However, structures thirty -five (35)-feet or more in height may penetrate the imaginary surfaces when the Reviewing Officialreviewing official, in consultation with Washington State Department of Transportation (W SDO T) Aviation Division or the airport manager, can determine that the structure is not likely to constitute an airspace hazard. • (3) —_The ReviewingAdministrative Official may require lights or markers as a warning to aircraft on the building, structure, communication 383 tower, use or tree(s), or to top the tree to reduce its height when recommended by the FAA, WSDOT Aviation Division or the airport manager.- Lights and markers shall meet FAA specifications. (4)— _Notwithstanding any other provision of this title, the ReviewingAdministrative Official shall not approve any building, structure, communication tower, use or tree when the FAA has designated it a hazard to air navigation. L,B —) Whenever the height limitations of this section differ from those of any other s ectionsections of this ordinancetitle, or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply. No use or activity shall take place within the airport safety overlayAirport Overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and others; create electrical interference with navigational signals or radio communication between the airport and aircraft; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create birds -strike hazards; or otherwise create a hazard which may in any way endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. ID,) The regulations prescribed by this chapter shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure which legally existed prior to the effective date of the ordinance codified in this ordinancechapter, except as may be compelled by state or federal regulation.- However, such structures shall be considered nonconfoliuing if such structure is in conflict with these regulations. LE —) An avigation easement and deed declaration, which recognizes the preexistence of the airport and the right of over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area. 15.30.080 Special provisions for new airports, heliports and landing fields. All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized. -They shall be located so that air traffic shall not generate more than 55fifty -five DNL as measured at the property line and shall not be located in close proximity to incompatible land uses as defined in this title.- The proponents shall show that adequate controls or measures will be taken to reduce noise levels, vibrations, dust or bright lights, as required by federal, state, county, and city regulations. 384 S8£ Je- am11aluao Isom/Is auk of anua - opc !pion aoua p :anuanV , ££ uonoas pees Jo Quit winos auk uoie Isom utnuuuoo aouaul `•w•M lseg 81 a°ucx T ioN £I dnisumo j `EE uor oas jo iau.TOO Ise:mpnos awl of k uoiloas presto QUIT ul.TOU awl 2uoic Isom $umulluoo aouaul `•ini•M lseg gi aucli `111 -TO• ZI dtusunkoj `(, uogoas Jo zauzoo lscauiou alp (Nang won pyres 2uoieTsam aouaup F'FA 1�e ®4ue21 `4IJON Zi duTsumoI `£ no-pas Jo au!' u3Iou ap (A. anua t,g£ tlett'AfW31,1 aouaul `.anuanV ,08,E OI peoJ uwnuemgy 2uoie Isom aouaul `pco21 umucl4V of and - k£ ullnos 7.: • .. -. - `•. - • • , limos 01 'LAI'M Iseg 8I a `41- ZI dpIsumos `E uoiloes Jre-aun Isom QV 01 -Z uotloas pies Jo Rug limos alp JO auTi1aluao Isom lsea 041 uoie Isom aouetp umucli\ 2utmollo3 aouaul `3Taa1D Junucl4V of L uoIloas pies JO Reg 1sea awl Jo Quit Isom 0111 Toic ullou aou0u1 `L uop.oas pies jo zal.renb 1s 01pnos pinto _ ou.TOO 1samulnOS am 0l L uot1oas pies Jo Quit Tfnos Qu1 3uoic Isom aouau1 `••lArM 1seg 61 aucg `ul-TON ZI drusumoi `L uotloagJe `TIlToN Zi dTusumo1 `Li uouoos `g lo' luatuuJQnoQ jo .Touzoo isamulnos 041 10 $uluu0ag MOudR psaQ'IVD fl VllV NVgN[I VI%IDIVA. V XIGNTddV 'D Chapter 15.31 INSTITUTIONAL OVERLAY Sections . . , ' - _ - . • - • .. . . • Road to South 80 Avenue; thence north along South 80 enue to Wide Hollow half of Section 30, Township 13 North, Range 18 East W.M.; thence n o r th a Sa id • • • - • - • - -, • - - ` - • - - ! - - • : Avenue; thence north on 96 • - '. : -. • . ".; • -- - - - • - - - -- - - - • - • ::•- ! - - - . - - - - - -- - .. ... - . _ centerline to the north south centerline of the ast half of Section 18, Township 13 along said cast west centerline to the ast line of Section 17, Township 13 North, • ' .. - • - -- - - -- - • -- • -- - , - - - -- -. -- - - : - . • - - ' • • -. - : . • -. short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima County; ,» - ! - -• --- - - :° •" 4- _ ' ° ! ' 4 " - - ! - - • - - - - - ° - , • „ ! - - . • - - °!!' : • - -- °!!' - • - southerly along the st line of the so ... - - - . , .. , - , line of said Section 10 to the northwest corner of Sectio� ,. - • . , • : - • ! • << -- - -. - -- west half' of said Section 15 to-the -south ast corner of the southwest quarter of said corner of Section 23, Township 13, North. Range 19 E.W. M; thence southerly along . - - - . - •:- ay 82; thence westerly to the point where the west right • .. - - _ • . , - - - th-line of Government Lot 2 of Sec-gee-1 _.._ _ .•_ 1 ....... • - . • _ ,, - - - ._ Z. southwest corner of said Government Lot 5 and the point of beginning. (Ord. 2947, 15.31.010 Purpose. 15.31.015 Eligibility and Applicability 15.31.020 Permitted uses. 15.31.025 Supplemental Application Submittal Requirements 15.31.026 Public Meeting Required Prior to Application Submittal 15.31.030 Review process. 15.31.040 Standards for the formation of the Institutional Overlay zone. 15.31.050 Development standards. 15.31.060 Effect of approval. 15.31.070 Subsequent Actions and Project Applications Under An Approved Master Plan, Amendments To Master Plan. 15.31.010 Purpose. The purpose of the Institutional Overlay zone is to allow for large - scale institutional facilities with special locational needs and impacts which must be designed and perform in a manner that is compatible with surrounding land uses. Through a master plan review process ( 15.31.030 the +ublic is involved in the develo ment of •erformance standards. Development f- t uluu. L. Levelopnlelll AKre;,merll and site master plan assure predictability for the owner, the appropriate jurisdiction and the citizen. The process balances the need for large -scale institutional facilities to _row while minimizing adverse environmental im :acts associated with such development on the adjacent community. 15.31.015 Eligibility and Applicability Construction or expansion of the following institutional uses will be permitted only in Institutional Overlay zones designated on the Official Zoning Map of th appropriate jurisdiction. 1. Hospitals 2. Community Colleges " ^� -SEED 2,'6/01 The Institutional Overlay designation is not required as a pre- condition for interior improvements or external onsite improvements for facilities existing as of the date of adoption of this Chapter where said improvements do not expand the existing building or land area. The Institutional Overlay designation is not required for institutions located in commercial, industrial or other non - residential zones, except when located adjacent to a residential district. Either the sponsoring institution or the City /County may initiate the establishment of an Institutional Overlay zone. The minimum area which may be included within an Institutional Overlay zone shall be five acres, measured to the center of abutting street rights -of -way. The addition of contiguous property to an existing Institutional Overlay zone shall have no minimum required area but shall require an amendment to the Official Zoning Map. 15.31.020 Permitted uses. The Institutional Overlay zone is intended to allow for the establishment, expansion, and revision of institutional uses including hospitals and higher educational facilities. Uses that are functionally integrated with, ancillary, and /or substantively related to the primary institutional use or that primarily and directly serve the users of an institution may be defined as peiniissible institutional uses through the Master Development Plan review process and Development Agreement. 15.31.025 Supplemental Application Submittal Requirements The Institutional Overlay zone shall be established only in conjunction with a Master Development Plan, which sets forth the parameters for development of the property including a Site Plan and Development Agreement. Applicants for an Institutional Overlay shall, in addition to the requirements of Chapter 15.23 (rezone application requirements), shall submit a Master Development Plan to include the following: 1. Technical Studies, including: A. A Traffic Impact Analysis sufficient to asses access to the site and within the site, on- street parking impacts and limitations and necessary traffic - related improvements; B. Drainage Study C. Geotechnical Analysis D. Noise Analysis E. Other analysis of potentially significant issues as identified by the SEPA environmental checklist. UAZO AMENDED 2/6/01 0 2. Master Site Plan which includes the following elements A. Boundaries of the institution B. Primary uses and ancillary uses; C. Gross floor area of development, D. Maximum building heights, E. Minimum building setbacks, F. Maximum lot coverage, G. Minimum and maximum number of off - street parking spaces, H. Site - screening, I. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, landscaping, street trees, solar access and shadow impacts. J. Site features as appropriate to mitigate traffic, environmental, geotechnical and other impacts as identified in technical studies required by this Chapter. 3. Draft Master Development Agreement including the following elements: A. Narrative Description of Project a Objectives B. Restatement of the Development Standards of Chapter 15.31.050(B) C. Site Plan Elements D. Development Phasing Public Meeting 1 E. i uv ii; 1 ie��ing Summary (YMC id7.31.tJ2�J I I I F. Perfoiiiiance Standards and Conditions Addressing Items "a" thru "e" above. G. Criteria for Determining Major vs. Minor Modifications 15.31.026 Public Meetin Re i aired Prior to A. ilication Submittal Prior to the formal filing of application for Institutional formal o. an app ti ��a„n ivi an lii�tu�u�iviiai vveriay zone, the sponsoring institution or the City /County, whichever initiated the establishment of the Institutional Overlay zone, shall hold at least two public meetings to discuss the proposal and identify concerns of the affected area residents and property owners. The applicant shall provide written notification to property owners of record within 500 feet of the subject property at least 14 days prior to the holding of the public meetings. The master development plan proposal shall document and reflect the various concerns raised through this pre - applica public input process. 15.31.030 Review process. The Institutional Overlay zone and Master Development Plan shall be A. e - - /Q4 leg reviewed using the review process described in YMC Section 15.23.030, and as further specified herein. Upon filing of a valid rezone application and completion of the required environmental • review process, the planning department shall forward the rezone application, together with its recommendation, to the Hearing Examiner to conduct a public hearing and review in conformity with YMC Section 15.23.030. Prior to said hearing a recommendation will be obtained from the Regional Planning Commission. The decision of the Hearing Examiner shall be in the form of a written recommendation to the legislative body pursuant to YMC 15.23.030 E. 15.31.050 Development standards. 1. Development standards for uses within an Institutional Overlay zone may differ from those of the underlying zone when approved as part of the Master Development Plan. Standards which may supersede those of the underlying zone include the following: A. Maximum gross floor area of development; B. Maximum building height; C. Minimum building setbacks D. Maximum lot coverage; E. Minimum and maximum off - street parking; F. Landscaping; G. Signage; H. Exterior lighting, shadows, and glare reduction; and 1. Other standards determined by the City /County to be necessary to ensure land use compatibility with other uses in the surrounding area. 2. The legislative body shall consider the following in determining the standards for a (articular Institutional Overla zone in a s•ecific location: A. The institution's compatibility with surrounding uses, especially related to: i. Public safety, ii. Site access, on -site vehicular and pedestrian circulation, and on- and off - street parking, iii. Landscaping and buffering of buildings, parking, loading and storage areas, iv. Light and shadow impacts, v. Potential environmental impacts, such as noise, vibration, smoke, dust, odors, light /glare, or other undesirable impacts, vi. Number, size and location of signage; vii.The character of the neighboring properties compared to the adjacent institutional uses and activities B. The unique characteristics of the proposed use(s); C. The unique characteristics of the subject property; D. The arrangement of buildings and open spaces as they relate to each UAZO AMENDED ') /6/01 other within the institutional campus; F,. Visual impacts of the institution on the surro area• F. Public improvements proposed in connection with the institution's Master Plan; and G. The public benefit provided by the institution. 15.31.060 Effect of approval. The approval by the legislative body of a Master Development Plan for an Institutional Overlay shall guide future development within the Institutional Overla . The a..roved Master Development Plan and Development Agreement shall remain binding upon the sponsoring institution and the appropriate jurisdiction. Approvals of building permits and zoning certificates shall be as required for Type (1) perlrlits provided the proposed improvement conforms to the Master Development Plan as approved. • Any City, County, State, Federal or other regulation or standard not specifically superseded by the adopted Master Plan and Development Agreement remains in full force and effect. Any use of land for purposes other than is specifically approved as part of the adopted Master Plan and Development Agreement shall be subject to all requirements of the underlying land use zone as designated on the Official Zoning Map. 15.31.070 Subsequent Actions and Project Applications Under An Approved Master Plan; Amendments To Master Plan. Implementation of the Master Development Plan shall be reviewed through the Type (1) review process. Modifications to the adopted Master Development Plan and/or Development Agreement may be re.uested from time to time. Minor revisions will undergo Type (2) review. Major modifications will • undergo Type (3) review. Specific criteria for determining major vs. minor modifications shall be incorporated into the final zoning regulation and Development Agreement governing the institution's Master Plan. The following criteria are established to assist this determination. 1.e (1) Review Projects or Actions. For future projects or actions in compliance with an approved Master Development Plan and Development Agreement the Type (1) review process shall be applied. 2. Type (2) Review Projects or Actions. The following projects or actions, representing projects or actions which do not substantially differ from projects contemplated by an approved Master Development Plan shall be subject to Type (2) review: A. An amendment to the Master Development Plan defined in the Development Agreement as a Minor Modification ( i\tiC 15.31.025(3)(g). "; 3. Type (3) Review Projects or Actions. The following actions, not contemplated by an approved Master Development Plan shall be subject UAZO AMEND';- 2r A 0 to Type (3) review: A. An amendment to the Master Development Plan defined in the Development Agreement as a Major Modification (YMC 15.31.O25(3)(g). 4. Type (1), (2), and (3) reviews shall be conducted consistent with the provisions of YMC 15.13, 15.14, and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original Master Development Plan and Development Agreement approval shall be followed. • 1 UAZO AMENDED 9/6/01 160