HomeMy WebLinkAbout2020-001 Yakima Urban Area Zoning, YMC Title 15 - Incorporate Text AmendmentsAN ORDINANCE
ORDINANCE NO. 2020-001
amending Yakima Municipal Code Title 15 — Yakima Urban Area Zoning
Ordinance to incorporate text amendments recommended by the City of
Yakima Planning Commission
WHEREAS, the Planning Commission of the City of Yakima has considered
amendments to modify several sections in YMC Title 15 — Yakima Urban Area Zoning
Ordinance; and
WHEREAS, notice of all amendments to YMC Sections 15.02.020, 15.03.020,
15.04.030, 15.04.060, 15.04.080, 15.04.120, 15.06.040, 15.09.010, 15.09.020, 15.09.045,
15.09.050, 15.09.080, 15.09.210, 15.11.020, 15.17.020 and 15.19.050 hereinafter
"Amendments," to fulfill the requirements of RCW 36.70A.130 was sent to the Washington State
Department of Commerce and received by the same on September 12, 2019; and
WHEREAS, the Planning Commission held twelve study sessions for these
amendments on January 23, 2019; February 27, 2019; March 27, 2019; April 10, 2019; April 24,
2019; May 8, 2019; May 22, 2019; June 12, 2019; June 26, 2019; July 24, 2019; August 14,
2019; and August 28, 2019; and
WHEREAS, the Planning Commission held open record public hearing on October 23,
2019, pursuant to notice and has received and considered all evidence and testimony
presented; and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined, and recommended that the City Council approve such amendments as indicated in
the signed recommendation dated November 1, 2019; and
WHEREAS, the City Council held a public hearing on December 3, 2019 pursuant to
notice to consider such amendments as recommended by the Planning Commission; and
WHEREAS, the City Council of the City of Yakima, having considered the record herein,
the testimony provided at the public hearing, the recommendation from the Planning
Commission, and after discussion and modification by the Council, hereby finds and determines
that approval of these amendments is in the best interests of residents of the City of Yakima and
will promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Amendments to Replace and Supersede. The proposed amendments to
YMC Sections 15.02.020, 15.03.020, 15.04.030, 15.04.060, 15.04.080, 15.04.120, 15.06.040,
15.09.010, 15.09.020, 15.09.045, 15.09.050, 15.09.080, 15.09.210, 15.11.020, 15.17.020 and
15.19.050, as contained in Exhibit "A" respectively attached hereto and fully incorporated herein,
shall replace and supersede previous versions of the referenced documents.
Section 2. Adoption of Planning Commission Findings. The findings within the
November 1, 2019 Signed Yakima Planning Commission's Recommendation, regarding this
proposed text amendments are hereby adopted by the Yakima City Council as its findings in
support thereof pursuant to YMC § 15.23.020, and are incorporated herein by this reference as
Exhibit "A"
YMC 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.
Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning
Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary
accepted meaning and for the definition of words not defined below. Specific examples are included
as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley to a parking facility.
"Access easement" means any private easement for the purpose of ingress and egress that is not
dedicated to the public and that is owned by the underlying owners of land over which it crosses.
"Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of
YMC 15.09.045 which is attached to a single-family home, or detached garage, or a stand-alone
structure with living facilities for one individual or family separate from the primary single-family.
"Accessory use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed city of Yakima director of community development.
Adult Day Care Center. See "Day care facility."
"Adult family home" means a regular family abode, licensed by the state, in which a person or
persons provide personal care, special care, room, and board to more than one but not more than
six adults who are not related by blood or marriage to the person or persons providing the services
(RCW 70.128.175).
"Agricultural building" means a structure designed and constructed to store farm implements or hay,
grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and cold storage
warehouses are not agricultural buildings. An agricultural building shall not be used for human
habitation; for processing, treating or packaging agricultural products; nor shall it be a place used by
the public.
"Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products,
grown either on or off site. An agricultural market may include, as incidental and accessory to the
principal use, the sale of factory -sealed or prepackaged food products such as boxes of apples or
other fruit and some limited nonfood items, and these products shall consist of no more than forty
percent of the gross floor area. This definition does not include the sale of livestock.
"Agricultural product support" means a business that provides a product or service intended for use
in the processing, storage, preservation, or distribution of agricultural commodities. This definition
does not include agricultural processing, storage, preservation, distribution, and related uses.
"Agricultural related industry" means specifically:
1. "Packaging plants" may include, but are not limited to, the following activities: washing,
sorting, crating and other functional operations such as drying, field crushing, or other
preparation in which the chemical and physical composition of the agricultural product remains
essentially unaltered. This definition does not include processing activities, slaughterhouses,
animal reduction yards, or tallow works;
2. "Processing plants" may include, but are not limited to, those activities which involve the
fermentation or other substantial chemical and physical alteration of the agricultural product.
This definition does not include slaughterhouses or rendering plants; and
3. "Storage facilities" include those activities that involve the warehousing of processed
and/or packaged agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area used for the retail sale
of agricultural products grown on the premises, excluding livestock raised on the premises.
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1,
YMC 15.04.030.)
"Airport commercial" means the retail sale of aviation -related products and services including aircraft
service and rental, air passenger services, and air terminal activities including passenger ticketing,
baggage, taxi service, car rental, restaurants, hotels, and gift shops.
"Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft parts, and
aviation -related products located at the Yakima Air Terminal. This use also includes storage and
wholesale trade of aviation -related products and air cargo operations and associated storage and
processing.
"Airport operations" means activities, uses, structures and facilities that are located on and
necessary to the operation of the Yakima Air Terminal. These activities and facilities include
runways, taxiways, parking ramps and aprons, navigation and radar/radio communication facilities
and equipment, safety and emergency facilities, and storage and maintenance facilities.
"Alley" means a public thoroughfare or way twenty feet or less in width which has been dedicated to
the city of Yakima or Yakima County for public use. Alleys provide only a secondary means of
access to abutting property.
"Amendment" means a change in the wording, content, or substance of this title, or change in the
district boundaries on the official zoning map.
"Amusement park" means a permanent indoor and/or outdoor facility, which may include structures
and buildings, where there are various devices for entertainment, including rides, booths for the
conduct of games or the sale of items, and buildings for shows and entertainment.
"Animal clinic/hospital" means a structure used for veterinary care of sick or injured animals. The
boarding of animals is limited to short-term care and is accessory to the principal use. This definition
does not include kennels.
"Animal husbandry" means the raising of domesticated farm animals when, in the case of dairy
cows,beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food,
other than during the winter months, is from grazing in the pasture where they are kept.
"Appeal" means a request for review of an administrative official's or hearing examiner's decision,
determination, order or official interpretation of any provision of this title.
"Applicant" means a person submitting an application for any permit or approval required by this title
and who is the owner of the subject property or the authorized agent of the owner.
"Application for development" means the application form and all accompanying documents and
exhibits required by this title or the administrative official.
"Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan
adopted in the Yakima urban area comprehensive plan.
"Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical
wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling/floor(s).
"Auction house" means a structure or enclosure where goods and/or livestock are sold by auction.
Automobile Service Station. See "Service station."
"Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the
display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel
trailers, and campers.
"Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used
automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked
automobiles, trucks, trailers, or machinery.
"Bed and breakfast" means a residential structure providing individuals with lodging and meals for
not more than thirty days. For home occupations, such uses are limited to having not more than five
lodging units or guest rooms.
"Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer,
wine, fruit juices and other drinks.
Bingo Parlor. See "Game room."
Building. See "Structure."
"Building area" means the three-dimensional space within which a structure is permitted to be built
on a lot and which is defined by maximum height regulations, yard setbacks and building coverage.
"Building code" means the building code and related codes as amended and adopted by the city of
Yakima.
"Building height" is the vertical distance above a reference datum measured to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest
gable of a pitched or hipped roof. The reference datum shall be selected by either of the following,
whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or finished ground surface within a five-
foot horizontal distance of the exterior wall of the building when such sidewalk or finished
ground surface is not more than ten feet above lowest finished grade;
2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or
finished ground surface described in subsection 1 of this definition is more than ten feet above
lowest finished grade. (See Figure 2-1.)
The height of a stepped or terraced building is the maximum height of any segment of the building.
t
a *7
Determination of Building Height in Feet
Figure 2-1
"Building official" means that person or persons designated by the legislative body to enforce the
provisions of the building code and administer the assigned provisions of this title.
"Business school" means a commercial or public school providing instruction solely in professional
skills such as: business management, accounting, secretarial skills, sales, marketing and
merchandising.
"Butcher shop" means a custom retail meat cutting operation. This definition does not include
slaughtering, but does include other accessory uses such as frozen food lockers.
"Campground" means a development providing facilities for outdoor recreational activities, including
structural improvements such as covered cooking areas, group facilities, and travel trailer or tent
sites designed for temporary occupancy. This definition includes camping clubs when developed in
accordance with applicable state standards.
"Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks.
This definition includes self-service car washes, automated car washes, manned car washes and
auto detailing.
Card Room. See "Game room."
"Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional,
commercial, or industrial use for occupancy by the owner/caretaker.
"Centerline of right-of-way" means the midpoint between the future alignment of the opposite edges
of the right-of-way.
"Change of use" means a change from one use listed in Table 4-1, Table of Permitted Land Uses, to
another use listed in that table.
"Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds of
poultry.
"Children's outdoor recreation center" means an outdoor facility which offers children's rides and/or
games such as go-carts, bumper boats, batting cages, miniature golf and/or similar activities for
children and which does not operate between the hours of eleven p.m. and eight a.m.
"Church" means a structure, or group of structures, which by design and construction are primarily
used for organized religious services and instruction.
"City" means the city of Yakima.
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are considered compatible and are permitted on any site in the district. The
administrative official shall review Class (1) uses for compliance with the provisions and standards of
this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the
administrative official is required in order to ensure compatibility with the intent and character of the
district and the objectives of the Yakima urban area comprehensive plan.
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their
size, emissions, traffic generation, neighborhood character or for other reasons. However, they may
be compatible with other uses in the district if they are properly sited and designed. Class (3) may be
permitted by the hearing examiner when he determines, after holding a public hearing, that the use
complies with provisions and standards; and that difficulties related to the compatibility, the provision
of public services, and the Yakima urban area comprehensive plan policies have been adequately
resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved upon completion of
Type (1), (2) or (3) review.
"Class (1), (2) or (3) use or development, existing" means a use or development legally existing or
legally established prior to the effective date of this title that has been or would be classified under
YMC Chapter 15.04 as a Class (1), (2) or (3) use in a particular district, even though the use has not
been through Type (1), (2) or (3) review, and may or may not conform to the standards of this title.
This definition includes any existing Class (1), (2), or (3) use with an approved modification under
YMC Chapter 15.17.
"Clean and sober facility" means a commercial business providing a dwelling or building for
occupation by rehabilitated alcohol and/or drug users, during their re-entry into the community. The
clean and sober facility provides residentially oriented facilities for the rehabilitation or social
adjustment of persons who may need supervision or assistance in becoming socially reoriented, but
who do not need institutional care. (Also see "Halfway house.")
"Clinic" means a structure for the medical examination and treatment of human patients, but without
provision for keeping such patients overnight on the premises.
"Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the
record to a 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 lawn and
garden care and delivery services, except as otherwise regulated.
"Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof,
used for radio or television transmission or Tine -of -sight relay. This definition includes towers erected
for use in the amateur radio service.
"Communication tower height" means the vertical distance above the ground measured to the
highest point of the communication tower.
"Community center" means a facility owned and operated by a public agency or nonprofit
corporation, provided the principal use of the facility is for public assistance, community
improvement, or public assembly.
"Community garden" means:
1. Privately or publicly owned land that is used by multiple users who may or may not have
ownership of the property;
2. May be divided into separate plots, for the cultivation of fruits, vegetables, plants, flowers,
or herbs;
3. Common areas associated with the garden are maintained by group members;
4. The produce or goods grown on site are not for commercial sale;
5. A community garden is different than a "collective garden" that is used for the growing of
marijuana plants; and no marijuana shall be grown on a community garden plot;
6. A community garden is separate from the use of "agriculture" as defined and regulated
under YMC Chapter 15.02 and YMC 15.04.030, Table 4-1, and is different than a privately
maintained garden that is associated with a principal use and regulated in accordance with
YMC 15.04.060(A); and
7. Structures and buildings associated with a community garden are considered "accessory
uses" to a principal use, and shall comply with the provisions of YMC Title 15, and the
International Fire and Building Codes.
Community Water System. See "Water system, public."
"Compatibility" means the characteristics of different uses or developments that permit them to be
located near each other in harmony with or without special mitigation measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental
plans officially adopted under RCW Chapter 36.70 for the Yakima urban area or any portion thereof.
"Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or
holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This
definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry
and/or egg production facilities and fur farms, but does not include animal husbandry.
"Condition(s) of approval" means restrictions or requirements imposed by an administrative official
pursuant to authority granted by this title.
"Congregate Living Facility" means an establishment providing both lodging and meals, or the ability
for residents of the facility to cook their own meals, for persons residing in the facility on a permanent
or semi -permanent basis. This definition includes facilities commonly known as boardinghouse or
dormitories, except that dormitories provided in conjunction with a proposed or existing educational
facility shall be an accessory use to that facility.
Consulting Services. See "Professional business."
"Convalescent or nursing home" means an establishment providing nursing, dietary and other
personal services to convalescents, invalids, or aged persons, but not mental cases or cases for
contagious or communicable diseases which are customarily treated in sanitariums and hospitals.
"Converted dwelling" means a structure which, due to interior alterations, has been modified to
increase the number of individual dwelling units. This definition does not apply to multifamily
structures constructed under the provisions of this title.
"Cosmetic services" means tattooing, body piercing, and similar services.
"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-
103 as dangerous or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention, supervision and oversight
serving thirteen or more children regardless of whether such services are provided for
compensation, governed by Washington State DSHS licensing provisions for said day care use and
conducted in accordance with state DSHS requirements.
"Day care facility" means a building or structure in which an agency, person or persons regularly
provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty-
four hours a day. This includes family day care homes and day care centers.
"Day care home, family" means a family day care home located in a private home that supplies care,
attention, supervision, and oversight for one to twelve children, governed by Washington State
DSHS licensing provisions for said day care use and conducted in accordance with said state DSHS
requirements.
"Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat food
products such as cooked meats, prepared salads or other specialty food items. This definition
includes seafood, health food and other specialty food stores having seating for no more than five
persons.
"Department" means the city of Yakima department of community development.
"Desktop publishing" means activity related to the use of computers in order to produce documents
for personal use or for other uses.
"Development" means "use" as defined by this title.
"Development permit" means written authorization for development or modification of development
as defined in this title. When a building or other construction permit is required, the
building/construction permit shall serve as the other development permit. If no building/construction
permit is required, the zoning decision shall serve as the development permit.
"Development, multifamily" means a structure or structures, or portion thereof, designed for
occupancy by three or more families living independently of each other and containing three or more
attached or detached dwelling units on a lot. Any combination of three -plus, duplex and detached
single-family dwellings that have a common driveway access on a single lot of record, are
considered multifamily development.
"Development, planned residential" means, in the residential districts, the coordinated development
of a single lot with a number of residential structures and/or dwelling types which are designed to:
1. Maintain the character of the residential neighborhood;
2. Provide compatibility between various types of dwelling units, off-street parking and other
uses within the site; and
3. Share such site amenities as off-street parking, access drives, open space and
recreational facilities.
This definition includes the clustering of residential units on a single lot. In the commercial districts,
"planned residential development" means a mixed -use development combining multifamily
residential and commercial use(s) into a single coordinated project.
"Divide" means any transaction or action, not otherwise exempt or provided for under the provisions
of this title, which alters or affects the shape, size or legal description of any part of an owner's "land"
as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility
or structure, which does not alter or affect the legal description of an owner's "land," shall not
constitute a division of land.
"Planning division" or "division" means the city of Yakima planning division, which is a division of the
department of community development.
"Domestic farm animal" means animals domesticated by man to live in a tame condition. This
definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits,
poultry, and swine.
"Domestic farm animal —Pet" means four or fewer hen chickens (no roosters) or rabbits that are kept
for pleasure or as a hobby rather than utility. Domestic farm animals that are considered pets are
regulated under the provisions of YMC 15.04.060(D), Accessory uses, Pets, and are not subject to
the provisions of YMC 15.09.070, Special requirements for animal husbandry.
"Driveway" means the private traveled access to a property or through a parking lot for three or more
vehicles.
"Drugstore" means a store where the primary business is the filling of medical prescriptions and the
sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical
products are sold as well.
"Dwelling" means a structure or portion thereof designed exclusively for residential purposes.
"Dwelling, single-family" means a structure designed to contain a single dwelling unit. Single-family
dwellings are further classified by their nature of construction as follows:
1. Site -built: Constructed primarily at the occupancy site and permanently affixed to the
ground by a foundation.
2. Modular home: See "Modular home."
3. Manufactured home: See "Manufactured home" and "Mobile home."
"Dwelling, single-family attached" means two single-family dwellings that are attached, but with each
dwelling unit located entirely on its own lot. This definition does not include row houses or other
housing types with more than two attached single-family dwellings.
"Dwelling, single-family detached" means one dwelling unit located on one lot and not attached to
any other dwelling unit.
"Dwelling, two-family" means a structure designed exclusively for occupancy by two families living
independently of each other and containing two attached dwelling units on the same lot. This
definition includes the term "duplex."
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing
complete and independent living facilities, including permanent provisions for living, sleeping,
cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or mobile
homes.
"Earthen material" means sand, gravel, rock, aggregate and/or soil.
"Environmental review" means the procedures and requirements established by the State
Environmental Policy Act, RCW Chapter 43.21 C, as it now exists or is hereafter amended.
"Existing uses" means a use or development legally existing or legally established by a jurisdiction
prior to the effective date of this title that has been or would be classified under YMC
Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district.
"Extended stay hotel/motel" means a hotel or motel where more than ten percent of the rooms are
rented to the public for longer stays, which are more than thirty consecutive days. This definition
does not include other defined uses including, but not limited to, a congregate living facility or
multifamily dwelling.
"Family" means individuals, consisting of two or more persons related by blood, marriage or
adoption, or a group of not more than five persons, excluding servants, who are not related by blood,
adoption or marriage, living together as a single housekeeping unit in a dwelling unit.
A. The term "family" shall include:
1. State -licensed adult family homes required to be recognized as residential uses pursuant
to RCW 70.128.175;
2. State -licensed foster family homes and group care facilities as defined in RCW 74.15.180,
subject to the exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements equivalent to a familial
setting required to be accommodated as residential uses pursuant to the Fair Housing Act and
the Washington Housing Policy Act, RCW 35.63.220 and 35A.63.240, respectively.
B. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers
as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities,
whether or not licensed by the state, where individuals are incarcerated or otherwise required to
reside pursuant to court order under the supervision of paid staff and personnel.
C. Calculation of Residents. When calculating the number of unrelated persons residing in a
single-family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are related by
genetics, adoption or marriage, the total number of residents shall not exceed five persons
except as provided in subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or marriage may
rent a room to a total of two additional renters, or up to two students as a part of a recognized
foreign exchange program or similar educational, nonprofit program, or a combination of a
renter and such student to a total of two additional persons. The additional renters and/or
foreign exchange students, to a maximum of two, shall not be considered when calculating the
number of unrelated persons residing in a dwelling unit under subsection (C)(1) of this
definition. 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. Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use.
"Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening.
"Finding" is a conclusion of fact reached by the administrative official in a review process and based
on the evidence available therein.
"Floodplain (one -hundred -year)" means the relatively flat area or lowlands adjoining the channel of a
river or stream subject to a one percent or greater chance of flooding in any given year.
"Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel
which are reasonably required to carry and discharge the floodwaters of the watercourse without
causing more than a one -foot rise in the water surface elevation of a one -hundred -year flood.
"Food preparation" means a business, service or facility dealing with the preparation of food items
for off -site consumption. This definition includes confectioneries, catering services, and preparation
of food items for wholesale.
"Game room" means a commercial facility, or a portion thereof, open to the general public, in which
card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition
shall exclude "social card room" as defined herein. (Also see "Meeting hall.")
"Garage, private" means a building or portion of a building designed to store motor vehicles that are
used by the occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping, repairing, servicing,
hiring, selling or storing motor -driven vehicles; but excluding private garages.
General Retail Sales.
1. Twelve thousand square feet or less (not otherwise regulated) means the retail sales of
merchandise in a store type setting where the building/structure's gross size is twelve
thousand square feet or less.
2. Greater than twelve thousand square feet (not otherwise regulated) means the retail sales
of merchandise in a store type setting where the building/structure's gross size is greater than
twelve thousand square feet.
Land uses permitted under the above two categories include, but are not limited to:
Addressing, mailing, and stenographic services Toy and hobby stores
Antique stores
Artist's supplies
Bakeries
Book stores
Stationery and office supplies
Camera and photographic supplies
Clothing, shoes, and accessories
Computer and electronic stores
Collectables (cards, coins, comics, stamps, etc.)
Department stores
Drug stores and pharmacies
Fabric and sewing supplies
Florist (indoor sales only)
Specialty food stores
Jewelry, watches, silverware sales and repair
Music stores/instrument sales and repair
Secondhand stores
Paint, glass and wallpaper stores
Pet stores and supplies/grooming
Printing, photocopy service
Sporting goods and bicycle shops
Video sales/rental
Gift shops
Discount store
Variety store
Specialty shops
Small appliances
TVs, business machines, etc., sales
Land uses not meeting the intent of the general retail sales and retail trade definitions, as
determined by the administrative official, may be either referred to the hearing examiner for a use
interpretation under Chapter 15.22 or use classification under YMC 15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and
novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and
miscellaneous small art goods.
"Glare" is the reflection of harsh, bright light.
"Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk
within the area between the building and the property line or, when the property line is more than five
feet from the building, between the building and a line five feet from the building.
Gross Floor Area. See YMC 15.06.040.
"Group home" means a place for handicapped, physically or developmentally disabled adults, or
dependent or predelinquent children, providing special care in a homelike environment. This
definition includes homes of this nature for six or fewer persons, excluding house parents, which are
protected by state or federal law as residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that provide:
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; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed
in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See
"Clean and sober facility.")
"Hazardous materials" means any item listed as hazardous by a federal agency or State Department
of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).)
"Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined
in RCW 70.105.010.
"Hazardous waste facility, off -site" means hazardous waste treatment and storage facilities that treat
and store waste from generators on properties other than those on which the off -site facilities are
located.
"Hazardous waste facility, on -site" means hazardous waste treatment and storage facilities which
treat and store wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process produces dangerous
waste or whose act first causes dangerous waste to become subject to regulations under the
dangerous waste regulations, WAC Chapter 173-303.
"Hazardous waste storage" means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste by the generator at the generation site is not storage as long as
the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
"Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous
waste to make such waste nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery, amenable for storage, or reduced in value.
"Hearing examiner" means that person appointed by the Yakima city council.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home
occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.)
"Home occupation" means the accessory use of a dwelling unit for gainful employment involving the
manufacture, provision or sale of goods and/or services in the home.
"Home occupation, business administration" means the accessory use of a dwelling as an
administrative office for a licensed commercial business located in an approved commercial zoning
district, or a home based Internet business that does not involve the resale of commercial goods.
The home is used for phone calls, mail, completing paperwork, and work on a home computer
associated with a business. This definition does not include manufacturing, sales not associated with
an Internet business, repair or other services.
"Home occupation, home contractor" means the accessory use of a dwelling as, but not limited to,
lawn care and/or snow removal services, building, electrical and plumbing, contractors' offices for
small businesses.
"Home occupation, taxicab operator" means the accessory use of a dwelling as an administrative
office for a taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two
vehicles operated by immediate family members who reside in the home.
"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.
"Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed
by means of common interior hallways, and which more than ninety percent of the rooms are
provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition,
"daily or short-term" means thirty or fewer consecutive days. This definition does not include other
defined uses including, but not limited to, a boarding house or multifamily dwelling.
"Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or
selling them to a licensed motor vehicle wrecker or scrap processor in substantially the same form in
which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other
than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in
RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed vehicle wrecker
or disposed of at a public facility for waste disposal. (RCW 46.79.010)
"Impervious surface" means any material reducing or preventing absorption of stormwater into
previously undeveloped land.
"Intensity" is the combination of factors (such as visual appearance and building size, traffic
generation, noise, dust and light and economic value) associated with a particular use that
determines the potential impact of that use on neighboring land uses. The higher the intensity, the
greater the possible impact on neighboring land uses. Generally, the intensity of a land use will
determine its compatibility with other types of land uses.
"Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not
limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.
"Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other
domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated
animals are kept or maintained by any person other than the owner; or in or at which six or more
cats or four or more dogs over the age of four months are kept or maintained. This definition shall
include boarding kennels, but not pet shops, animal hospitals or zoos.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the
placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial
turf.
"Legislative body" means the Yakima city council.
"Loading space" means an off-street space on the same lot with a structure or use, or contiguous to
a group of structures or uses, for the temporary parking of a vehicle while loading or unloading
persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of
access and egress.
"Lot" means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially recorded in the
Yakima County auditor's office; or
2. A legally recognized prior division or parcel under the provisions of Yakima County's
subdivision ordinance or the city of Yakima's subdivision ordinance.
"Lot area" means the total horizontal area within the boundary lines of the gross lot.
"Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the
same street forming an interior angle of less than one hundred thirty-five degrees. (See Figure 2-2.)
Figure 2-2
"Lot coverage" means that portion of the lot that is covered by structures and other impervious
surfaces.
"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line
to the midpoint of the rear lot line. (See Figure 2-3.)
toe \Ci dth
Figure 2-3
"Lot, flag" means a lot only a narrow portion of which fronts on a public/private road and where
access to the public/private road is across that narrow portion. (See Figure 2-2.)
"Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.)
"Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road
or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot,
the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the narrowest
street frontage, except that the building official, or his designee, shall designate the front lot
line for corner lots in residential districts.
2. For a flag lot, when the access easement or right-of-way extends across the lot, the front
lot line shall be the line separating the lot from the right-of-way or access easement. When the
right-of-way or access easement does not extend across the property, the front lot line shall be
determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property line separating a zero
lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2-4.)
Lot $ne
C!OWHIODL 0pal .511
Figure 2-4
"Lot line, rear" means the property line which is opposite and most distant from the front lot line. For
the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of
which is formed by two or more lines, the following shall apply:
1. For a triangular or gore -shaped lot, a line ten feet in length within the lot and farthest
removed from the front lot line, and at right angles to the line comprising the depth of such lot,
shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the
rear lot line shall be deemed to be a line at right angles to the line comprising the depth of
such lot and drawn through a point bisecting the required rear lot line.
3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by
two lines, such angle shall be employed for determining the rear lot line in the same manner as
prescribed for a triangular lot.
"Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure 2-2.)
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the
line comprising the depth of the lot at a point midway between the front and rear lot lines. (See
Figure 2-3.)
"Low impact development" means stormwater management and land development strategies that
emphasize conservation and use of existing natural site features integrated with disturbed, small-
scale stormwater controls to more closely mimic natural hydrologic patterns in residential,
commercial, and industrial settings. Low impact development addresses stormwater management
and land development that is applied at the parcel and subdivisions scale that emphasizes
conservation and use of on -site natural features.
"Manufactured home" means a dwelling on one or more chassis for towing to the point of use which
bears an insignia issued by a state or federal regulatory agency indicating that the structure
complies with all applicable construction standards of the U.S. Department of Housing and Urban
Development definition of a manufactured home and was built after June 15, 1976. Manufactured
homes are further classified as follows:
1. "Multi -wide" has a minimum width of not less than seventeen feet as measured at all
points perpendicular to the length of the manufactured home;
2. "Single -wide" has a minimum width less than seventeen feet as measured at any point
perpendicular to the length of the manufactured home.
"Manufactured structure" means a building manufactured with the intent of being transported to a
fixed site and constructed in accordance with the building codes as adopted by the city.
"Massage therapy/spa" means a scientific or skillful manipulation of soft tissue for therapeutic or
remedial purposes, specifically for improving muscle tone and circulation and promoting health and
physical well-being. The term includes, but is not limited to, manual and mechanical procedures for
the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol,
liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil
rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in
this practice. This term specifically excludes manipulation of the spine or articulations and excludes
sexual contact.
"Master planned development" means any development within the Yakima urban growth area
approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial
development, planned industrial development, and planned mixed -use development).
"Meeting hall" means a private or quasi -private facility in which defined groups or organizations
come together for meetings and social events. Includes private bridge club -type card rooms, grange
halls, etc.
"Mining" means all or any part of the process involved in quarrying, mineral extraction, crushing,
asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include
petroleum or natural gas exploration or production.
"Mission" means a facility typically owned or operated by a public agency or nonprofit corporation,
providing a variety of services for the disadvantaged, typically including but not limited to temporary
housing for the homeless, dining facilities, health and counseling activities, whether or not of a
spiritual nature, with such services being generally provided to the public at large. Mission uses shall
be Class (2) uses within the GC general commercial, CBD central business district, and M-1 light
industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review
as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable
development standards and mitigations imposed by the hearing examiner. Effective as of and from
August 24, 2015, any modification of an existing mission use shall be subject to the modification
procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that
does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject
to a Type (3) review with a development agreement incorporating applicable development standards
and mitigations imposed by the hearing examiner.
"Mixed -use building" means a building in a commercial district or planned development used partly
for residential use and partly for a community facility or commercial use.
"Mixed -use development" means use of the land or structure for two or more different uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point of use which does
not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not
include modular homes, manufactured homes, commercial coaches, recreational vehicles or motor
homes.
"Mobile home park" means a parcel of land under single ownership used for the placement of two or
more mobile or manufactured homes used as dwellings. This definition shall not apply to the
placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with another
home.
"Mobile home park expansion" means the preparation of additional sites for mobile or manufactured
homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the
construction of streets).
"Mobile vendor" means a vendor or seller of merchandise or food from a motorized vehicle or other
motorized conveyance upon the public streets, alleys, public property of the city, or upon private
property. See YMC Chapter 5.57.
"Modification (of use or development)" means any change or alteration in the occupancy,
arrangement, placement or construction of any existing use, structure, or associated site
improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements of the International
Building Code and is constructed in a factory and transported to the building site. Modular homes
are not subject to special review; they are subject to the same review standards as a site -built home.
"Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed
by means of exterior corridors, and which more than ninety percent of the rooms are provided to
transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or
short-term" means thirty or fewer consecutive days. This definition does not include other defined
uses including, but not limited to, a boarding house or multifamily dwelling.
"Multiple -building complex" means a group of structures housing separate businesses sharing the
same lot, access and/or parking facilities.
"Multiple -occupancy building" means a single structure housing more than one retail business, office,
or commercial venture.
"Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in
private and public streets, rights -of -way, and access easements. (See YMC 15.05.030(B) to
calculate the maximum number of dwelling units permitted on a site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or
amendment of this title, but which fails to conform to the present requirements of the zoning district
in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of
this title that fails, by reason of such adoption or amendment, to conform to the present requirements
of the zoning district where it is located.
"Nonconforming use" means a use of land or structure lawfully established and maintained, but
which does not conform to this title for the district where it is located.
"Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's
property by endangering personal health or safety, offending the human senses, and/or failing to
conform with the provisions, intent, or standards of the district where the use, activity or structure
occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and
related products. Nurseries are further classified as follows:
1. "Retail nursery" means a nursery which offers products to the general public including
plant materials, planter boxes, fertilizer, sprays, garden tools, and related items;
2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery
or other business; and
3. "Greenhouse" means a nursery facility constructed with transparent or translucent
materials for indoor propagation of plants. This definition does not include private greenhouses
with no commercial sales.
"Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or
intended to be used. For purposes of this title, a change of occupancy is not intended to include a
change of tenants or proprietors, but is intended to indicate a change in the type of use.
"Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right-
of-way of a highway, street or alley.
"Open space" means an area of land or water that is substantially free of structures, impervious
surfaces, and other land -altering activities.
"Open space, common" means open space within or related to a development that is not dedicated
for public use, but is designed, intended and legally committed for the common use or enjoyment of
the residents of the development.
"Park" means a public or privately owned area with facilities for active or passive recreation by the
public.
"Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or
driveway of the parking facility, ranging from zero to ninety degrees.
"Parking bay" means the section of a parking facility containing a driveway and containing one or two
rows of parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor vehicles.
"Parking space" means an off-street area that is paved, drained, maintained and used for the
temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space.
"Party of record" means: (1) the applicant; (2) the property tax payer for the subject property as
identified by the records available from the Yakima County assessor's office; (3) the legal owner of
the subject property; (4) any person who testified at the open record public hearing on the
application; and/or (5) any person who submitted written comments during administrative review
(within the required time frame) or has submitted written comments concerning the application at the
open record public hearing (excluding persons who have only signed petitions or form letters).
"Permit" means written governmental approval issued by an authorized official, empowering the
holder thereof to take some action permitted only upon issuance of written approval.
"Personal services" means a business providing specialized services such as interior home or
business design and shopping services, except as otherwise regulated.
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility including but
not limited to: fish, dogs fewer than four, cats fewer than six, hen chickens (no roosters) fewer than
five, and rabbits fewer than five.
"Pet day care" means a building or structure in which an agency, person or persons regularly provide
care for pets, but not including overnight stays. Uses not meeting this definition shall be considered
kennels.
"Planning commission" means the duly constituted planning commission for the city of Yakima.
"Planning division" means the department of community development of the city of Yakima.
"Preliminary approval" means the contingent approval by the administrative official using an
appropriate Type (2) or (3) review process prior to final approval.
Preschool. See "Day care center."
"Private access easement" means any private easement for the purpose of ingress and egress that
is not dedicated to the public and that is owned by the underlying owners of land over which it
crosses.
"Product assemblage" means a business or service involved in assembling products for off -site
sales.
"Professional business" means a business primarily engaged in administrative or service -related
functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents,
bankers, accountants, engineers and consultants; or providing administrative governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency or owned and
operated by a private entity for the purpose of providing essential public services to the public
including, but not limited to: water, irrigation, wastewater, garbage, sanitary, transit, police, fire,
ambulance, parks and recreation facilities, and street maintenance. The facility should be located to
efficiently serve the people benefiting from the service.
"Public hearing" means a meeting open to the public that is announced and advertised in advance at
which the public is given an opportunity to participate.
Public Water System. See "Water system, public."
"Recreational screen" means a protective device for recreational purposes designed to keep
recreational equipment within or outside of a designated area. Such uses are typically associated
with schools, parks, golf courses, swimming pools, ball fields, and playgrounds.
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for
recreational use, including, but not limited to: boats, travel trailers, snowmobiles, go-carts,
motorcycles and dune buggies.
"Recycling drop-off center" means a commercial facility where products such as aluminum, tin cans,
glass, plastic, paper, and other similar products are deposited, sorted and transferred to a recycling
processing center for reprocessing.
"Recycling processing center" means a facility where products such as aluminum and tin cans,
glass, plastic, paper and other similar products are deposited, sorted, stored, and reprocessed.
"Residential density" means the number of dwelling units per net acre of land. This term includes
dwelling unit density.
"Restaurant" means establishments serving prepared food or beverages for consumption on or off
premises. This land use includes but is not limited to: restaurants, sandwich shops, coffee shops
with or without drive -through facilities (see YMC 15.04.080 for establishments with drive -through
facilities), and fast food restaurants, but does not include bars, cocktail lounges, taverns, brewpubs
as licensed by the Washington State Liquor Control Board, catering services, or industrial scale food
production facilities.
"Retail services" means uses providing services, as opposed to products, to the general public.
Examples are eating and drinking establishments, motels, real estate and financial offices, and uses
providing health education and social services.
"Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the sale
of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar
uses shall be considered as retail trade establishments even though a portion of their business may
be to contractors or other business establishments.
"Retaining wall" means a wall made of wood, stone, cement, steel or other products intended to
support, retain or stabilize earthen or gravelly materials at either natural or finished grade.
"Retirement home" means an establishment providing domestic care for elderly persons who are not
in need of medical or nursing treatment except in the case of temporary illness. This definition does
not include nursing, convalescent or rest homes, hospitals or sanitariums.
"Reviewing official" means the building official, administrative official, hearing examiner, city of
Yakima planning commission, or legislative body when engaged in any review or approval procedure
under the provisions of this title.
"Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land.
"Right-of-way, public" means land deeded or dedicated to or purchased by the city of Yakima or
Yakima County for existing or future public pedestrian or vehicular access.
"Road, local access" means a public road not designed as a principal arterial, minor arterial, collector
arterial or neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a
local access road is to connect property along the local access road with the arterial street system.
"Road, private" means a road not designed, built, or maintained by the city, the Washington State
Department of Transportation, or any political subdivision of the state.
"Road, public" means the physical improvement of the public right-of-way, including, but not limited
to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of
Yakima or Yakima County for public vehicular and pedestrian use.
"School" means a structure and accessory facilities in which prescribed courses are taught. This
definition includes elementary, junior high or high schools and institutions of higher learning, but
does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when
operated in conjunction with a public, private, or parochial school.
"School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or
trades.
"Service station" means a retail facility to supply motor fuel and other petroleum products to motor
vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle
accessories.
"Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of
the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way,
the setback shall be measured perpendicularly from the design centerline. When there is no right-of-
way, the front setback shall be twenty feet from the front property line.
"Setback, side and rear" is the minimum horizontal distance measured perpendicularly from the
nearest property line to the nearest wall of the structure, except that a side setback on a corner lot,
along the adjacent right-of-way, shall be measured perpendicularly from the centerline of the right-of-
way. When there is a partial right-of-way, the setback shall be measured perpendicularly from the
design centerline.
"Sewer system, community" means small, self-contained sewage treatment facilities built to serve
developed areas generally found outside public sewer service areas.
"Sewer system, individual" means a system designed and constructed on site to dispose of sewage
from one or two structures. Septic tank systems are the most common form of individual sewer
system.
"Sewer system, regional" means sewer service provided by a municipality or special purpose district.
"Short Term Rental" means a residential structure providing individuals with lodging for not more
than thirty days. For home occupations, such uses are limited to having not more than five guest
rooms.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and assembly of metal -
cased, thermo-formed, wooden, stone, neon, internally lit, or electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction requirement or site
improvement that is a condition of approval for any permit issued under the provisions of this title or
which is a part of any site plan approved under the provisions of this title.
"Site plan, detailed" means a general site plan incorporating such additional factors as landscaping,
drainage, and others as may be specified.
"Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape of the
lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the
location and dimensions of the proposed building(s), structure(s), or alteration(s).
"Social card room" means a commercial facility, or a portion thereof, open to the general public, in
which house -banked social card games are played, as that term is defined by RCW 9.46.0282 (or as
the same may be subsequently amended hereafter), or in which other activities occur that constitute
gambling and are authorized by the Washington State Gambling Commission under
RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said
activities include any gambling activity engaging in the use of, or associated with, slot machines
(whether mechanical or electronic) or any gambling activity engaging in the use of, or associated
with, any other electronic mechanism including video terminals.
"Special event" means any event for which a special event permit has been issued pursuant to
Chapter 9.70 of this code.
Specialty Food Store/Food Store, Specialty. See "Delicatessen and other specialty food stores."
"Standard, administrative adjustment of" means a change, either an increase or decrease, in one or
more of the development standards in YMC Chapters 15.05 through 15.08, in accordance with the
provisions of YMC Chapter 15.10.
"Standard, general" means any standard not capable of precise numerical definition, but which
expresses the policies of the community in this title and which may be applied by the reviewing
official during a Type (1), Type (2) or Type (3) review.
"Standard, specific" means those numerical standards established in YMC
Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities
adopted pursuant to the requirements of RCW Chapter 70.105.
"Stockpiling of earthen materials" means permanent and/or continuous use for storage of rock,
gravel, rubble, sand, or soil.
"Storage facilities, bulk" means either enclosed (see "Warehouse") or outdoor areas designed for the
storage of either large quantities of materials or materials of large size. Includes the storage of
vehicles when such storage is not incidental and subordinate to another land use and is not vehicle
parking, automotive wrecking/dismantling yards or vehicle sales lots.
"Storage facilities, commercial" means enclosed storage areas designated as support facilities for
commercial activities and used for the storage of retail materials.
"Storage facilities, residential mini -storage" means enclosed areas providing storage for residential
goods and/or recreational vehicles within the structure.
"Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal
occupants of the site. This definition does not include automotive wrecking/dismantling yards or
vehicle sales lots.
"Street" means a public or private road.
"Street vendor" means a vendor selling food, nonalcoholic beverages, and/or other goods or
services within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public
right-of-way, or public property using a nonmotorized cart or temporary structure. See YMC
Chapter 5.57.
"Structural alteration" means:
1. Any change in a major component or other supporting members of the structure, including
foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or
2. Any change in the exterior lines or configuration of a structure if such changes result in the
enlargement of the structure.
"Structure" means anything constructed or erected which requires location on the ground or attached
to something having a location on the ground.
"Structure, temporary" means a structure without any foundation or footings and which is removed
when the designated time period, activity, or use for which the temporary structure was erected has
ceased.
"Swimming pool" means a contained body of water, used for swimming or bathing purposes, either
above ground level or below ground level, with the depth of the container being more than eighteen
inches or the area being more than thirty-eight square feet.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages
with any service of food incidental thereto.
"Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment.
"Towing services" means a service to haul or tow vehicles for service, repair or temporary storage.
Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a
vehicle storage facility. Hulk haulers are not included under this definition.
"Transportation brokerage offices" means establishments primarily engaged in furnishing shipping
information and acting as agents in arranging transportation for freight and cargo.
Travel Agency. See "Professional business."
"Urban growth area" means the area within the city limits of Yakima and Union Gap, and the
unincorporated portion of Yakima County within the Yakima urban growth area boundary established
by the board of Yakima County commissioners pursuant to RCW 36.70A and adopted in the Yakima
urban area comprehensive plan (YUACP) as amended. The boundary and legal description of the
Yakima urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area is that area
where growth is expected to occur over the next twenty years from the adoption of the YUACP and
is the area in which urban level public services are or will be provided.
"Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks,
streetlights, police and fire protection.
"Use" means the activity or purpose for which land or structures or a combination of land and
structures is designed, arranged, occupied, or maintained together with any associated site
improvements. This definition includes the construction, erection, placement, movement or
demolition of any structure or site improvement and any physical alteration to land itself, including
any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration
of land, structures, and site improvements, and the use thereof.
Use, Class (1), (2), (3). See Class (1), (2), (3) uses.
Use, Modification of. See "Modification (of use or development)."
"Use, principal" means the primary or predominant use to which a structure, part of a structure, or lot
is or may be devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the
intent to discontinue such use upon the expiration of the time period.
"Utilities" are those businesses, institutions, or organizations using pipes or conductors in, under,
above, or along streets, alleys or easements to provide a product or service to the public.
"Utility services" means facilities operated by utilities, but not including local transmission and
collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power
substations, water reservoirs, and sewage treatment plants.
"Variance" means a modification of the specific regulations of this title in accordance with the terms
of this title for the purpose of assuring that no property, because of special circumstances applicable
to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and
zoning district.
Veterinary Clinic. See "Animal clinic/hospital."
"Vision triangle" means a triangular -shaped portion of land established at street intersections in
which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection. (See YMC 15.05.040.)
"Warehouse" means a structure used for the storage of goods and materials. See "Agricultural
building."
"Waste material processing and junk handling" means a place where waste, discarded or salvaged
metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are
bought, sold, exchanged, stored or baled; and places or yards for the storage of salvaged materials
and equipment from building demolition and salvaged structural steel materials and equipment, but
excluding establishments for the processing and sorting of garbage, or for the sale, purchase,
storage or dismantling of automotive vehicles and machinery. This definition does not include the
processing, storage or disposal of hazardous materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated with
wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater
before spraying, but not other wastewater treatment facilities. Excludes sprayfields for wastewater
defined as hazardous pursuant to RCW Chapter 70.105.
"Water system, public" means any system, excluding a system serving only one single-family
residence, providing piped water for human consumption, as defined and/or regulated under
WAC 248-54.
"Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers and to
industrial, commercial, institutional or professional business users or to other wholesalers.
"Wineries or breweries" means a winery or brewery for processing and manufacturing purposes only,
with limited wholesale trade incidental to the primary use. Wineries and breweries are categorized as
follows:
A. "Basic" does not have a commercial tasting room or restaurant;
B. "Resort/destination" has either a commercial tasting room or restaurant. This type of
winery or brewery is located on a site larger than five acres in size. It could typically be
associated or compatible with: high density residential, resort lodging, or a bed and breakfast;
C. "Retail" has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a
motor vehicle wrecker subject to state regulation (RCW Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a structure.
"Yard, front" means the open area extending along and parallel to the entire length of the front lot
line and measured from the property line to the structure.
"Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and
measured from the structure to the rear property line.
"Yard, side" means an open area between the side wall line of the structure and the side line of the
lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the
dwelling rests directly on a side lot line.
"Zoning district" means a portion of the Yakima urban growth area within which certain uses of land
and structures are permitted and certain other uses of land and structures are prohibited, certain
yards and other open spaces are required and specific lot areas are established, all as set forth and
specified in this title. This definition also includes the terms "zone" and "use district."
"Zoo" means a park or facility where animals are kept and raised for visitors to see and observe;
zoological park.
YMC 15.03.020 District and map overlay intent statements.
The district intent statements define the specific purpose of each district and/or zoning map overlay.
They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for
determining the appropriate location of uses; help determine appropriate conditions for development;
and help the administrative official interpret the standards and provisions.
A. Suburban Residential District (SR). The intent of the suburban residential district is to provide a
variety of residential lifestyles with densities generally ranging from one unit per five net residential
acres to seven units per net residential acre. The higher density is reviewed and considered to be
permitted when a public water system and the regional sewer system are available, or if these
utilities are not available, community water and sewer systems may be allowed after review by
Yakima County health district and the city of Yakima. (See YMC Chapter 15.05, Table 5-1.) This
district is further intended to:
1. Limit residential density to one unit per five net residential acres in areas where flooding,
airport noise, or other environmental constraints make the land unsuitable for residential use at
higher densities. Development at a lower density will be reviewed to allow conversion to higher
densities once utilities are available or other limiting issues are mitigated;
2. Maintain surface and groundwater quality along with the avoidance of potential health
hazards, by limiting residential density to one unit per five net residential acres, in areas where
public services will not be provided, and the dwelling units have individual wells and septic
tanks. Development at a lower density will be reviewed to allow conversion to higher densities
once utilities are available or other limiting issues are mitigated;
3. Provide the opportunity for suburban residential development, up to three dwelling units
per net residential acre, in areas with either public water service or a community sewer system;
and
4. Allow residential development to seven dwelling units per net residential acre in areas with
both public water service and sewer system.
This district is characterized by a mixture of land uses and residential densities including small
farms, scattered low -density residential development, and clusters of higher -density residential
development. The minimum lot size in the district varies according to the suitability of the land for
development and the provision of urban level services. See YMC 15.05.030(E).
B. Single -Family Residential District (R-1). The single-family residential district is intended to:
1. Establish new residential neighborhoods for detached single-family dwellings free from
other uses except those which are compatible with, and serve the residents of, this district,
which may include duplexes and zero lot lines if established during the subdivision process;
2. Preserve existing residential neighborhoods for detached single-family dwellings free from
other uses to ensure the preservation of the existing residential character, and serve the
residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single-family dwellings are the primary use in this district. The district is characterized by
up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear
and side yard setbacks; and one- and two-story structures. The density in the district is generally
seven dwelling units per net residential acre or less.
This zone is intended to afford single-family neighborhoods the highest level of protection from
encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses
within these zones are not allowed; except for public or quasi -public uses, which will be required to
undergo extensive public review and will have all necessary performance or design standards
assigned to them as necessary to mitigate potential impacts to adjacent residences.
Duplex and Multifamily development up to seven dwelling units per net residential acre may be
allowed in accordance with Table 4-1.
C. Two -Family Residential District (R-2). The purpose of the two-family residential district is to:
1. Establish and preserve residential neighborhoods for detached single-family dwellings,
duplexes and other uses compatible with the intent of this district; and
2. Locate residential development with densities up to twelve dwelling units per net
residential acre in areas receiving a full range of public services including public water and
sewer service, and police and fire protection.
The district is characterized by up to sixty percent lot coverage, access via local access streets and
collectors, one- and two-story buildings, some clustering of units, and required front, rear and side
yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in
this district generally ranges from seven to twelve dwelling units per net residential acre. However,
development up to eighteen dwelling units per net residential acre may be allowed in accordance
with YMC Chapter 15.04, Table 4-1.
D. Multifamily Residential District (R-3). The multifamily residential district is intended to:
1. Establish and preserve high -density residential districts by excluding activities not
compatible with residential uses;
2. Locate high -density residential development more than twelve dwelling units per net
residential acre in areas receiving the full range of urban services;
3. Locate high -density residential development near neighborhood shopping facilities; and
4. Locate high -density residential development so that traffic generated by the development
does not pass through lower -density residential areas.
The district contains a variety of attached or clustered multifamily dwellings.
E. Professional Business District (B-1). The professional business district is intended to:
1. Establish and preserve areas for professional offices;
2. Provide a buffer between commercial clusters and residential neighborhoods; and
3. Locate professional offices in areas presently receiving a full range of urban services.
Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are
the primary uses in the district.
Generally, the professional business district contains smaller lot or parcel sizes. Residential
densities are generally greater than twelve dwelling units per net residential acre. Building coverage
may be as high as eighty percent of the site. Sitescreening requirements have been established to
soften the visual impact of large buildings and parking lots and to minimize potential nuisances from
light, noise and glare. Development standards are intended to accommodate a mixture of high -
density residential development and office uses.
F. Local Business District (B-2). The purpose of the local business district is to:
1. Provide areas for commercial activities that meet the small retail shopping and service
needs of the community; and
2. Accommodate small-scale commercial uses that need a higher level of visibility and easy
access to major arterials.
Uses characteristic of this district include small retail sales and service establishments.
G. Historical Business District (HB). The purpose of the historical business district is to recognize
existing isolated commercial structures in otherwise residential areas, to allow those structures to be
occupied by traditional neighborhood business uses, and to allow these structures to be replaced if
destroyed. This district is not intended to allow structural expansion, or expansion of the use onto
adjoining lots. It is further intended that this district is not to serve as a small convenience center
(SCC). Examples of HB uses are: taverns, small grocery stores, Laundromats, and other businesses
serving the immediate residential neighborhood around this district. This zoning district is not
intended to be allowed to be further expanded or formed.
H. Small Convenience Center District (SCC). The purpose and intent of the small convenience
center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet community retail shopping and service needs; and
2. Accommodate small commercial centers, generally two to five acres in size, where most
of the commercial uses have located in a coordinated manner around a common parking lot
and one major commercial approach driveway.
Small convenience centers serve the day-to-day convenience shopping and service needs of the
surrounding neighborhood and should be designed to minimize undesirable impacts of the center on
the neighborhood it serves. Uses in this district should be retail or personal service establishments
dealing directly with the consumer, the primary occupants usually being such uses as a
supermarket, fast food restaurants and drug store.
I. Large Convenience Center (LCC). The purpose and intent of the large convenience center
district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet the retail shopping and service needs of the community; and
2. Accommodate commercial centers, generally five to ten acres in size, where most of the
commercial uses are coordinated in a manner around a common parking lot and usually with
two major commercial approach driveways.
Large convenience centers serve the shopping and service needs of multiple surrounding
neighborhoods and should be designed to minimize the impacts. Uses in this district should be
larger retail or personal services, the primary occupants usually being such uses as multiple -tenant
shopping, restaurants, office complexes, and multi mixed -uses.
J. Airport Support District (AS). The purpose of the airport support district is to accommodate
airport and aircraft related activities within the airport property. This district includes the Yakima Air
Terminal. A variety of uses are permitted. However, the intensity of development is directly related to
airport and/or aircraft related uses.
K. General Commercial District (GC). The purpose of the general commercial district is to
accommodate wholesale and retail activities with some high -density residential development. This
district is primarily located near and along the major arterials as designated in the Yakima urban
area comprehensive plan. Like the CBD district, a variety of land uses are permitted. However, the
intensity of development is intended to be less than in the CBD district.
L. Central Business District (CBD). The purpose of the central business district is to preserve the
business district of the city of Yakima as the region's center of commerce, finance, government,
industry, recreation, and culture. This district is characterized by very intensive development and a
variety of land uses including retail sales and service establishments, high -density residential
development, financial institutions, professional buildings, and government offices.
M. Regional Development District (RD). The purpose of the regional development district is to
provide high visibility from the interstate and state highways of the city of Yakima to provide regional
commerce, office campus, recreation, large-scale retail, culture, light manufacturing, processing,
research, and large multiple mixed uses. This district is characterized by very intensive development
and a variety of land uses including retail sales and service establishments, high -density residential
development, financial institutions, professional office buildings, hotels, condominiums, and
corporation headquarters.
N. Light Industrial District (M-1). The intent of the light industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and the railroad for
light industrial uses;
2. Direct truck traffic onto designated truck routes and away from residential streets; and
3. Minimize conflicts between uses in the light industrial district and surrounding land uses.
The light industrial district provides areas for light manufacturing, processing, research, wholesale
trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that would
constitute a nuisance or hazard.
O. Heavy Industrial District (M-2). The intent of the heavy industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and railroads for
heavy industrial uses;
2. Direct heavy truck traffic onto designated truck routes and away from residential streets;
and
3. Minimize conflicts between heavy industrial uses and surrounding land uses.
The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing,
and distribution and storage facilities. Uses in this district have the potential to generate high levels
of noise, light, odor, fumes, or smoke that require their protection from encroachment by
incompatible land uses.
P. Airport Overlay (AO). The airport overlay is intended to protect the airspace around the Yakima
Air Terminal at McAllister Field from airspace obstructions or hazards and incompatible land uses. In
addition to the regulations of the principal use district, the airport overlay includes provisions for:
1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future
commercial and industrial development; and
2. Assuring that land uses, locating near the airport, are compatible with noise, height
obstruction and other impacts from the airport operation.
Q. Floodplain Overlay (FO). The purpose of the floodplain overlay is to:
1. Protect natural drainage systems associated with floodways and floodplains;
2. Ensure that new development will not affect the flood elevations in surrounding areas;
3. Ensure adequate protection of life, health, and property from flood events;
4. Control development located within the one -hundred -year floodplain unless it is possible
to mitigate;
5. Ensure development is restricted within the floodway unless it is water dependent;
6. Emphasize FEMA standards in planning for flood prevention and damage reduction;
7. Comply with the city of Yakima's shoreline master program;
8. Minimize the expenditure of public money for flood -control projects;
9. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken with public money;
10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and
streets;
11. Protect river, creek, and stream channels from encroachment so that flood heights and
flood damage will not be appreciably increased;
12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that
property is in an area of special flood hazards;
13. Ensure that property owners who occupy flood hazard areas have adequate information
when they apply for development changes to their property so the property owner can assess
the results of their development actions;
14. Continue to implement the National Flood Insurance Program; and
15. Use and enforce the building code to help minimize losses due to flooding.
R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve
and maintain the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor
extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977
by the State Legislature with the creation of the Washington State Yakima River Conservation Area.
The greenway corridor is classified into natural, conservation, and recreation areas. Each greenway
corridor area may contain various facilities developed by the Greenway Foundation, such as
pathways, recreational sites, boat landings, parks, playgrounds, campgrounds, and group camps.
Many of the greenway facilities, such as trails, have been constructed on the top of existing dikes
and levees. The greenway provides access for levee maintenance and repair and to be responsible
for damage to trails caused by flooding.
In addition to the provisions of the principal use district, the purpose of the greenway overlay is to:
1. Make the greenway more attractive and accessible to the public;
2. Assure development conserves shoreline vegetation and controls erosion;
3. Implement the city shoreline master program and the Yakima River Regional Greenway
Plan;
4. Limit development to activities which are particularly dependent on a location in the
greenway;
5. Preserve and protect the fragile natural resources and culturally significant features along
the greenway;
6. Increase public access to publicly owned areas of the greenway where increased use is
desirable;
7. Protect public and private properties from the adverse effects of improper development in
hazardous shoreline areas; and
8. Give preference to uses creating long-term over short-term benefits.
S. Master Planned Development Overlay (PD). The master planned development overlay is
intended to allow larger scale, mixed -use developments in selected areas of the city where certain
development requirements may be adjusted as necessary to promote an integrated approach to
planning and site design. The city finds that such developments require special review and
conditioning to ensure that adjacent areas are preserved and protected. (YMC Chapter 15.28.)
T. Institutional Overlay (10). The institutional overlay is intended to allow designated community
institutions that are valuable and necessary to the community, but which are located adjacent to or
within residential zones. The city finds that these institutions require special review and conditioning
to ensure that adjacent residential areas are preserved and protected. (YMC Chapter 15.31.)
The institutional overlay includes provisions to:
1. Make the institution more compatible and accessible to the public;
2. Assure development has the ability for future expansion;
3. Provide increased protection such as increased buffers as the institution locates closer to
residential districts, especially R-1; and
4. Utilize the goals and policies of the Yakima urban area comprehensive plan.
15.04.030 Table of permitted land uses.
Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land
use listed in Table 4-1 is designated a Class (1), (2), or (3) use for a particular zoning district. In
addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All
permitted land uses and associated site improvements are subject to the design standards and
review procedures of this title.
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture, General Farming
(not feedlots or stockyards) (*)
1
1
1
1
Agricultural Building (*)
1
1
1
1
Agricultural Chemical Sales/Storage
1
1
1
Agricultural Market (*)
1
1
1
1
1
I
1
I
Agricultural Stand (*)
1
1
I
Agricultural Related Industries (*)
2
1
1
1
Animal Husbandry (See YMC 15.09.070)
(*)
1
2
1
1
Concentrated Feeding Operation (*)
3
Floriculture, Aquaculture
1
1
1
Fruit Bin Sales/Storage
3
2
1
I
Marijuana Production (**)
I
1
Winery and Brewery —Basic (*)
3
3
1
2
Resort/Destination w/on-site agricultural
production (*)
2
3
3
3
3
3
3
Resort/Destination (*)
2
3
3
1
1
1
3
Retail (*)
1
1
1
1
1
1
2
AMUSEMENT AND RECREATION
Aquatic Center
3
3
3
1
2
Amusement Park (Permanent) (*)
3
3
3
1
3
Bowling Alleys
2
2
2
1
1
2
3
Campground (*)
3
2
Children's Outdoor Recreation Center*
(More than 500 ft. from abutting residential
and not containing a go-cart track)
2
2
Children's Outdoor Recreation Center*
(Less than 500 ft. from abutting residential
and/or containing a go-cart track)
3
2
Drive -In Theatres
3
2
2
2
Exercise Facilities
2
1
1
1
1
2
1
1
1
2
Horse Racing Tracks, Speedways
3
3
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Game Rooms, Card Rooms, Electronic
Game Rooms (*)
3
2
I
2
2
2
Golf Courses, Clubhouses, Golf Driving
Ranges
3
3
3
3
2
Miniature Golf Courses
3
3
1
1
1
1
Movie Theatres, Auditoriums, Exhibition
Halls
3
1
1
1
1
Parks (*)
2
2
2
2
2
2
2
2
2
2
2
1
2
2
Roller Skating or Ice Skating Rink
2
2
1
1
2
Sports Facility (indoor)
2
2
1
2
1
2
Social Card Rooms (See YMC 15.09.090)
(*)
3
3
3
3
State Fair Park
(See YMC 15.04.200)
COMMUNITY SERVICES
Cemetery/Crematorium with Funeral Home
3
3
3
3
3
3
Funeral Home not associated with
Cemetery/Crematorium
3
2
2
2
1
1
1
2
2
Churches, Synagogues, and Temples (*)
2
2
2
2
2
2
2
2
1
1
2
2
Community Center (*) Meeting Halls,
Fraternal Organizations
2
2
2
2
2
2
2
2
2
1
1
2
Community Gardens (*) (if accessory to an
approved principal use) (See YMC
15.04.060(G))
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*) (with planting area
of one -quarter acre or less)
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*) (with planting area
of more than one -quarter and up to one-half
acre)
2
2
2
2
2
2
2
2
2
1
2
2
Community Gardens (*) (with planting area
of more than one-half acre up to one acre)
2
2
2
2
2
2
2
2
2
2
2
2
Day Care Facilities (not home occupation):
Family In -Home (*)
1
2
2
2
2
2
2
2
1
1
1
Day Care Center (*)
2
2
2
2
1
1
2
1
1
1
1
2
1
Public Facility (*)
3
3
3
3
2
2
2
2
1
1
1
1
1
1
Hospital (*) Outside Institutional Overlay
3
3
3
3
3
3
3
3
Correctional Facilities
3
3
3
3
3
3
Libraries
3
3
3
2
1
2
1
1
1
1
1
1
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
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Community College/University—Inside
Institutional Overlay
(See YMC Chapter 15 31)
Community College/University—Outside
Institutional Overlay
3
3
3
3
3
2
2
2
2
3
2
3
2
2
Vocational Schools (*)
3
3
3
3
3
2
2
2
1
1
1
2
3
Wastewater Sprayfield (*)
3
3
3
Zoo (*)
3
3
3
3
3
HEALTH AND SOCIAL SERVICE FACILITY
Group Homes (six or fewer), Adult Family
Home (*)
1
1
1
1
1
1
1
1
Treatment Centers for Drug and Alcohol
Rehabilitation
3
3
3
3
3
3
3
3
Congregate Living Facility Up to 10 (*)
3
3
3
3
2
2
1
2
1
Congregate Living Facility 11+
3
3
3
3
3
3
2
2
Halfway House (*)
2
3
3
Group Homes (more than six), Convalescent
and Nursing Homes (*)
3
2
2
2
3
3
Mission (*) (with Type (3) review, and
development agreement —see definition)
2
2
2
MANUFACTURING
Agricultural Product Support
2
2
2
1
1
Aircraft Parts
1
2
1
1
Apparel and Accessories
3
2
2
1
1
Bakery Products (wholesale)
2
2
2
2
2
1
1
Beverage Industry (*)
2
2
2
1
1
Canning, Preserving and Packaging Fruits,
Vegetables, and Other Foods
2
1
1
Cement and Concrete Plants
3
1
Chemicals (Industrial, Agricultural, Wood,
etc.)
3
1
Concrete, Gypsum and Plaster Products
2
1
1
Confectionery and Related Products
(wholesale)
2
2
2
1
1
2
I
1
Cutlery, Hand Tools and General Hardware
1
3
1
1
Drugs
1
2
2
1
1
Electrical Transmission and Distribution
Equipment
1
2
3
1
1
Electronic Components and Accessories and
Product Assembly
1
2
2
3
1
1
Engineering, Medical, Optical, Dental,
Scientific Instruments and Product
Assembly
1
2
2
1
1
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Fabricated Structural Metal Products
2
3
3
1
1
Food Processing
2
3
1
1
Furniture
2
3
2
1
1
Glass, Pottery, and Related Products and
Assembly
2
2
2
1
1
Grain Mill Products
3
1
1
Heating Apparatus Wood Stoves
1
1
Leather Products
3
1
1
1
Leather Tanning and Finishing
1
1
Machinery and Equipment
1
2
1
1
Marijuana Processing (**)
1
1
Marijuana Research (**)
1
1
Meat, Poultry and Dairy Products
1
1
Paints, Varnishes, Lacquers, Enamels and
Allied Products
3
1
Paperboard Containers and Boxes
1
3
1
I
Plastic Products and Assembly
1
2
1
1
Prefabricated Structural Wood Products and
Containers
1
1
1
Printing, Publishing and Binding
1
3
2
1
I
Printing Trade (service industries)
2
2
2
1
1
2
1
Recycling Processing Center (*)
3
1
Rendering Plants, Slaughter Houses
3
Rubber Products
1
2
1
Sign Manufacturing and Product Assembly
(*)
2
1
1
1
1
Sawmills and Planing Mills
2
1
Sheet Metal and Welding Shops
2
1
1
Stone Products (includes finishing of
monuments for retail sale)
2
1
2
2
3
1
I
Transportation Equipment, Including
Trailers and Campers
2
1
1
Woodworking: Cabinets, Shelves, etc.
3
1
2
2
1
1
MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT
Asphalt Paving and Roofing Materials, Rock
Crushing
3
3
1
Mining Including Sand and Gravel Pits (*)
3
3
3
Stockpiling of Earthen Materials (*)
2
2
2
2
1
1
1
1
1
1
1
1
1
1
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Off -Site Hazardous Waste Treatment and
Storage Facilities (*)
3
3
RESIDENTIAL
Accessory Uses (*)
See YMC 15.04.060
Detached Single -Family Dwelling (*)
1
1
1
1
3
3
1
3
3
3
3
Accessory Dwelling Unit (*) (See YMC
15.09.045)
2
2
1
1
1
1
1
1
1
1
1
1
Existing or New Detached Single -Family
Dwelling on Existing Lots of 8,000 Square
Feet or Less
1
1
1
Detached Single -Family Dwelling (zero lot
line) (*) (See YMC 15.09.040)
2
2
2
2
3
3
1
3
3
3
3
Attached Single -Family Dwelling, Common
Wall (*)
2
2
1
1
3
3
1
2
2
2
2
Two -Family Dwelling (Duplex) (*)
3
2
1
1
2
2
1
2
2
1
2
Two -Family Dwelling (Duplex) (*) on
corner lots in a new Subdivision
1
1
Converted Dwelling (*)
3
2
1
1
1
1
1
2
2
1
1
Multifamily Development (*): 0-7
DU/NRA
2
1
1
2
2
2
2
2
2
2
8-12 DU/NRA
2
1
2
2
2
2
2
2
2
13+ DU/NRA
2
1
2
2
2
2
2
2
2
Mixed -Use Building
1
1
1
1
1
1
I
Planned Development (*)
See YMC 15.28
Mobile Home Parks (*)
2
2
2
Mobile Home (*) or Manufactured Homes
(*)
See YMC 15.04.160
Retirement Homes (*)
2
3
1
3
1
1
Temporary Hardship Units (See YMC
15.04.140)
2
2
2
2
2
2
2
2
2
2
2
RETAIL TRADE, AND SERVICE
Adult Business Uses
See YMC 15.09.200
Animal Clinic/HospitalNeterinarian (*)
3
2
2
2
1
2
1
1
I
Auction House for Goods (*)
3
2
2
2
1
1
2
1
1
Auction House for Livestock (*)
3
2
2
Automotive
Automotive Dealer New and Used Sales
2
2
2
1
3
1
1
Weekend Automobile and Recreational
Vehicle (RV) Sales
1
1
1
Automotive: Car Wash/Detailing
2
1
1
1
1
1
2
Parking Lots and Garages
2
1
1
1
1
1
1
1
1
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Maintenance and Repair Shops
2
1
1
2
1
2
1
2
Paint and Body Repair Shops
2
2
1
1
1
2
Parts and Accessories (tires, batteries, etc.)
2
1
1
1
1
2
1
2
Towing Services
1
3
1
1
Wrecking and Dismantling Yard (*) and
Hulk Haulers (*)
3
1
Bail Bonds
1
1
1
Beauty and Barber Shops
2
1
2
1
1
1
1
1
1
2
Short Term Rental (*)
2
2
2
2
2
2
2
2
1
Boats and Marine Accessories
2
2
1
1
1
1
Butcher Shop
1
1
1
1
2
2
1
Commercial Services (*)
2
1
2
1
I
I
1
1
2
Communication Towers (*)
(See YMC Chapter 15 29)
Convenience Store —Closed 10:00 p.m. to
6:00 a.m.
1
2
1
1
1
1
1
1
2
Convenience Store —Open 10:00 p.m. to
6:00 a.m.
2
2
2
1
1
2
1
2
Pet Day Care/Animal Training (*)
2
1
1
1
2
I
1
2
Farm and Implements, Tools and Heavy
Construction Equipment
1
2
3
1
1
Farm Supplies
2
2
1
1
2
1
Financial Institutions
I
1
1
1
1
1
1
1
Fuel Oil and Coal Distributors
1
2
1
1
Furniture, Home Furnishings, Appliances
1
1
1
1
1
1
1
General Hardware, Garden Equipment, and
Supplies
2
1
1
1
I
1
I
1
1
General Retail Sales 12,000 sq. ft. or less
(not otherwise regulated) (*)
2
1
1
1
1
1
1
1
3
General Retail Sales greater than 12,000 sq.
ft. (not otherwise regulated) (*)
2
1
1
1
1
1
1
3
Heating and Plumbing and Electrical
Equipment Stores
2
2
1
1
1
1
1
Heavy Equipment Storage, Maintenance and
Repair
1
1
1
Kennels (*)
2
2
2
Laundries, Laundromats and Dry Cleaning
Plants
2
2
1
1
1
1
2
1
Liquor Stores
2
2
1
1
1
1
Locksmiths and Gunsmiths
1
2
1
I
1
1
2
1
Lumber Yards
2
1
I
1
1
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
Marijuana Retail (**)
1
1
1
1
1
1
Massage Therapy/Spa (*)
1
1
1
1
1
1
1
1
1
Mobile Vendor
See YMC Ch. 5.57
Motels and Hotels
2
1
1
1
1
1
Extended Stay Hotel/Motel*
2
1
2
2
3
3
Night Clubs/Dance Establishments
2
1
1
1
1
1
Nursery (*)
2
1
1
1
1
1
1
1
Offices and Clinics
3
1
1
1
1
1
1
1
1
2
Office Contractor Building and Trade
(Plumbing, Heating, Electrical, and
Painting)
3
1
1
1
1
1
1
1
1
1
Outdoor Advertising (Billboards)
See YMC 15.08.130
Pawn Broker
2
1
1
1
2
1
Radio/TV Studio
3
2
2
1
1
1
1
2
Recycling Drop -Off Center (*)
1
2
2
1
1
1
1
Rental: Auto, Truck, Trailer, Fleet Leasing
Services with Storage
3
2
1
2
1
2
2
1
2
Rental: Heavy Equipment (except
automotive) with Storage
1
1
Rental: Heavy Equipment (except
automotive) without Storage
1
2
3
2
Repairs: Small Appliances, TVs, Business
Machines, Watches, etc.
1
2
1
1
1
1
2
1
1
Repairs: Reupholstery and Furniture
1
1
1
1
1
1
1
1
Repairs: Small Engine and Garden
Equipment
2
2
2
1
1
1
2
1
Restaurant (*)
2
1
1
1
1
1
1
1
1
Seamstress, Tailor
1
1
1
1
1
1
1
1
Service Station (*) Closed Between 10:00
p.m. and 6:00 a.m. (*)
2
1
1
1
1
1
1
1
Service Station (*) Open Between 10:00
p.m. and 6:00 a.m. (*)
3
2
2
1
1
2
1
2
Shooting Ranges (indoor)
3
3
3
3
1
Signs, Printed, Painted or Carved
2
2
1
1
2
1
1
Taverns (*) and Bars
1
2
1
1
1
1
1
1
1
Technical Equipment Sales (*)
2
1
2
1
1
1
1
1
1
1
Truck Service Stations and Shops
3
2
1
1
Truck (Large), Manufactured Home and
Travel Trailer Sales
1
3
1
Waste Material Processing and Junk
Handling (*)
3
1
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
AS
GC
CBD
RD
M-1
M-2
TRANSPORTATION
Bus Terminals
1
1
1
1
1
1
Bus Storage and Maintenance Facilities
1
1
Transportation Brokerage (*) Offices, with
Truck Parking
2
2
1
1
Contract Truck Hauling, Rental of Trucks
with Drivers
1
1
1
Air, Rail, Truck Terminals (for short-term
storage, office, etc.)
1
2
1
1
Railroad Switch Yards, Maintenance and
Repair Facilities, etc.
1
1
Taxicab Terminals, Maintenance and
Dispatching Centers, etc.
3
3
1
Airport Landing Field
1
Airport Operations (*)
1
UTILITIES
Power Generating Facilities
3
2
1
Utility Services (substations, etc.)
3
3
3
3
3
3
3
3
3
1
1
WHOLESALE TRADE —STORAGE
Warehouses (*)
3
1
2
2
1
1
Wholesale Trade (*)
2
1
1
2
1
1
1
Storage Facilities, Bulk (*)
1
2
1
1
Storage Facilities Commercial (*)
3
1
2
3
1
1
Residential Mini -Storage (*)
3
3
1
2
3
1
1
* Refers to a definition in YMC Chapter 15 02.
** See YMC 15.09.220 for general development requirements for marijuana uses.
= Not Permitted
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and subordinate to the
principal use of a structure or site. Accessory uses are permitted upon compliance with the
terms and provisions of this title. They must be clearly secondary to, supportive of, and
compatible with the principal use(s) and consistent with the purpose and intent of the zoning
district. The land use classification and review requirements of an accessory use shall be the
same as that of the principal use(s), unless otherwise specified.
B. On -site hazardous waste treatment and storage is permitted as an accessory use in the
SR, B-1, B-2, HB, LCC, CBD, GC, M-1 and M-2 districts, subject to the state siting criteria in the
Washington Administrative Code adopted pursuant to the requirements of
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 by the occupants of the residence.
D. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential
districts they are subject to the following restrictions (see definitions of "kennel" and "animal
husbandry"):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility,
including, but not limited to, fish; birds; dogs, fewer than four; cats, fewer than six; hen
chickens (no roosters), fewer than five; and rabbits, fewer than five;
2. Their presence does not create undue noise or odors such as would create a
nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or more
feet from any residence or property line, and five feet from other structures including
decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard
area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals
within the backyard;
7. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human
habitation, processing, treating or packaging of agricultural products, nor shall it be a place used
by the public.
F. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use within the
residential, B-1, or B-2 zoning districts for more than two consecutive weeks at a time.
2. Permitted. Cargo containers and/or semi -truck trailers are allowed as an accessory
use to a permitted business in the SCC, LCC, AS, GC, RD, M-1 and M-2 zoning districts.
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not
located within a designated loading dock or loading bay shall be located no less than
fifty feet from any existing residential zoning district.
G. Community Gardens. Community gardens (accessory to an approved principal use) are
considered an accessory use to a principal use in all zoning districts; provided, the garden is
clearly secondary to, supportive of, and compatible with the principal use with regard to size and
use. The land use classification and review requirements of an accessory community garden
shall follow the Type (1) review requirements of YMC 15.13, and shall otherwise comply with all
other provisions of the Yakima Municipal Code, and International Fire and Building Codes.
15.04.080 Drive -through facilities.
A. Review Required. Any commercial use having a drive -through service window or booth
shall require one higher level of review than shown in Table 4-1, except:
1. Those noted as a Class (3) use requiring a Type (3) review shall remain a Type (3)
review;
2. Financial institutions; and,
3. Properties that do not abut residential zones.
B. Purpose. Such review is required in recognition of the potential impacts of drive -through
uses on adjoining residential uses and the transportation system.
C. Elements of Review. Review is intended to modify or mitigate negative impacts upon
adjoining residential uses and the transportation system. The review of a drive -through facility
shall include consideration of impacts from the following: noise from the drive -through speaker
and/or car radio, glare from vehicle headlights and exterior lighting fixtures, fumes to residential
uses, and impacts to transportation traffic flow and carrying capacity of the arterial street
system. The proposed site will require an on -site interior parking circulation plan as defined by
YMC 15.06.030 and 15.06.080.
D. Definition. For purposes of this section, "drive -through" facilities means a window or station
for providing service to customers who remain in their vehicle to conduct a business transaction,
excluding gas stations and car washes.
15.04.120 Home occupations.
A. Purpose. The conduct of a business within a dwelling may be permitted in the residential
districts under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the
residential districts; and
2. Maintain and preserve the character of residential neighborhoods; and
3. Promote the efficient use of public services and facilities by assuring these services
are provided to the residential population for which they were planned and constructed,
rather than commercial uses.
B. Table of Permitted Home Occupations. Table 4-2 titled "Table of Permitted Home
Occupations" is incorporated as a part of this section. Each permitted home occupation listed in
Table 4-2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district.
All permitted home occupations are subject to the standards of this title, including the specific
conditions of subsection C of this section and the applicable review procedures of YMC
Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in
subsection G of this section.
Table 4-2. Table of Permitted Home Occupations
Zoning District
SR
R-1
R-2
R-3
B-1
Accountant
1
1
1
1
Architect
1
1
1
1
Artist, author, arts and crafts
1
1
1
1
Attorney
1
1
1
1
Barbershop, beauty parlor
2
2
2
2
Short Term Rental*
1
1
1
1
Business administration
1
1
1
1
Cabinet, mill work, carpentry work
2
2
Catering service
2
2
2
2
2
Table 4-2. Table of Permitted Home Occupations
Zoning District
SR
R-1
R-2
R-3
B-1
Ceramics and sculpting
2
2
2
2
Composer
1
1
1
1
Day care, family home*
1
1
1
1
1
Dentist
1
2
2
2
Dog grooming
2
3
3
3
3
Dressmaker, seamstress, tailor
1
1
1
1
Engineer
1
1
1
1
Food preparation*
1
2
1
1
1
Home contractor*
1
1
1
1
1
Home instruction* 1-5 students
1
1
1
1
1
6-8 students
2
2
2
2
2
Insurance agent
1
1
1
1
Locksmith
1
2
2
1
1
Photographer (not including productions studio)
1
1
1
1
Physician
1
2
2
2
Product assemblage*
1
2
2
2
1
Massage therapy/spa*
1
1
1
1
1
Music teacher
1
1
1
1
Production of small articles by hand without the use of automated or
production line equipment
1
2
2
2
Radio, television and small appliance repair
2
2
2
2
Real estate agent
1
1
1
1
Secretarial, phone answering, desktop publishing service*
1
1
1
1
Small engine repair
2
Taxicab operator*
1
1
1
2
1
Wedding service
2
2
2
2
2
Unclassified home occupation
See YMC 15.04.120(G)
NOTES:
* Refers to definition in YMC Chapter 15.02.
Required
1 = Type (1) Permitted Home Occupation
2 = Type (2) Review and Approval by the Administrative Official Required
3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner
x = Not Permitted
C. Necessary Conditions. Home occupations are permitted as an accessory use to the
residential use of a property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is
established the primary residence of the practitioner(s). For the purpose of administering
this section, "primary residence" shall be defined as the residence where a person or
persons resides for the majority of the calendar year;
2. The home occupation is incidental and subordinate to the residential functions of the
property. No action related to the home occupation shall be permitted that impairs
reasonable residential use of the dwelling;
3. There are no external alterations to the building which change its character from a
dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must
be so designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential
character of the premises by the use of color, materials, lighting and signs, or the emission
of noise, vibration, dust, glare, heat, smoke or odors;
6. The home occupation does not generate materially greater traffic volumes than would
normally be expected in the residential neighborhood; the frequency of deliveries should
be comparable to that of a single-family home without a home business;
7. There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment
that would change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds
FCC standards for residential use;
10. The home occupation does not increase water or sewer use so that the combined
total use for the dwelling and home occupation is significantly more than the average for
residences in the neighborhood;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in
the dwelling;
13. All stock in trade kept for sale on the premises is produced on site by hand without
the use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional
conditions to ensure the home occupation will be in harmony with, and not detrimental to, the
character of the residential neighborhood. Any home occupation authorized under the
provisions of this title shall be open to inspection and review at all reasonable times by the
building and enforcement official for purposes of verifying compliance with the conditions of
approval and other provisions of this title.
D. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in
connection with a home occupation provided such storage complies with the following
standards:
1. All equipment, materials, or goods shall be stored completely within the space
designated for home occupation activities and not visible from the public right-of-way.
2. Only those materials or goods that are utilized or produced in connection with the
home occupation may be stored within the dwelling unit or accessory building.
3. All flammable or combustible compounds, products, or materials shall be maintained
and utilized in compliance with fire code.
4. The frequency of home deliveries should be comparable to that of a single-family
home without a home occupation associated with the residence.
5. A home occupation permit application (including a site plan) shall be supplied to and
approved by the city of Yakima planning division prior to operation of any home
occupation.
E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant
and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall
be attached to the dwelling, but shall not exceed two square feet in area or be illuminated.
F. Application Fee and Review Period. Application for a home occupation shall be made in
accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be
accompanied by the appropriate filing fee. The administrative official may waive part or all of the
requirements for a site plan for Class (1) home occupations.
G. Unclassified Home Occupation —Review by the Hearing Examiner. Home occupations not
listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions
of YMC Chapter 15.22; provided, any unclassified home occupation permitted after review and
decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or
(3) use.
H. Home Occupations Not Permitted. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond the limits permitted
for home occupations and impair the use and value of a residentially zoned area for residential
purposes. Therefore, the uses listed below shall not be permitted as home occupations:
1. Auto repair;
2. Antique shop or gift shop;
3. Kennel;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats;
6. Large appliance repair including stoves, refrigerators, washers and dryers;
7. Upholstering;
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);
I. Denial of Application for a Home Occupation. An application for a home occupation shall be
denied if the administrative official finds that either the application or record fail to establish
compliance with the provisions of this chapter. When any application is denied, the
administrative officer shall state the specific reasons and cite the specific provisions and
sections of this title on which the denial is based.
J. Parking. The administrative official shall determine parking requirements for home
occupations, as provided by YMC 15.06.040(B). This determination may be guided by, but not
restricted by, the standards of YMC Chapter 15.06.
15.06.040 Off-street parking standards.
A. Table of Required Off -Street Parking. The parking standards in Table 6-1, Table of Off -
Street Parking Standards, are established as the parking standards for the uses indicated.
These parking requirements are based on gross floor area. "Gross floor area" means the total
square footage of all floors in a structure as measured from the interior surface of each exterior
wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation
areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms,
restrooms, uncovered steps and fire escapes, private garages, carports and off-street parking
and loading spaces. Storage areas are included in gross floor area. However, the required off-
street parking for storage areas shall be calculated at the rate of one space per five hundred
square feet rather than the specific parking standard established in Table 6-1; except when the
parking standard for the principal use would require fewer parking spaces (i.e., one space per
six hundred square feet). All required off-street parking shall be subject to the procedures of this
title and the standards of this section.
B. Uses Not Specified. Off-street parking requirements for uses not specifically listed in Table
6-1 shall be determined by the reviewing official based upon the requirement for similar uses.
C. Downtown Business District Exempt. The downtown business district of Yakima, as shown
in Figure 6-1 and hereby adopted as a part of this chapter, shall be exempt from the provisions
of this chapter as they relate to the number of parking spaces required, except that this
exemption shall not apply to property that is used for residential purposes; and further provided,
that all the other requirements of this chapter shall apply to any parking provided by the
applicant.
Figure 6-1
Parking Exempt Boundary map omitted for recording purposes. It can be viewed in the City of Yakima Planning
Division file.
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
AGRICULTURE (COMMERCIAL)
Agriculturally related industries
1 space for each employee based on the maximum working at any given shift;
1 space for each 300 square feet of gross floor area for packing and
processing areas; or
2 spaces for the first 1,000 sq. ft. of gross floor area, plus 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
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Game rooms, card rooms, electronic
game rooms
1 space for each playing table, for every 3 seats or every 3 machines,
whichever is greater
Horse racing tracks, speedways,
grandstands
1 space for each 3 fixed seats or 54" of bench seating
Bowling alleys
5 spaces for each lane
Gymnasiums, exercise facilities
1 space for each 200 sq. ft. of gross floor area
Parks (public or private)
10 spaces per acre for passive recreation;
20 spaces per field for active recreation
Roller and/or ice skating rink
1 space for each 150 sq. ft. of skating surface area
Swimming pools
1 space for each 50 sq. ft. of water surface area
Movie theatres
1 space for each 4 seats
Golf courses
5 spaces per green and 1 space per 300 sq. ft. of gross floor area
Golf driving ranges
1 space per tee or 1 space per 15 feet of driving line, whichever is greatest
Auditoriums, exhibition halls, community
centers, fraternal organization
1 space for each 100 sq. ft. of gross floor area
COMMUNITY SERVICES
Churches, synagogues, temples, and
funeral homes
1 space for each 3 fixed seats (or 54" of bench -type seating)
1 space for each 40 sq. ft. of general reception/gathering area
Community gardens" (accessory to an
approved principal use) (See
YMC 15.04.060(G))
None
Community gardens* (with planting area
of 0.25 acres or less)
None
Community gardens* (with planting area
of more than 0.25 acres and up to 0.5
acres)
2 spaces
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Community gardens* (with planting area
of more than 0.5 acres up to 1 acre)
4 spaces
Convalescent, nursing and group homes
1 space for each 2 beds
Fire and police stations
1 space for each 200 sq. ft. of gross floor area
Halfway houses (detention centers)
1 space for each 2 beds
Hospitals
1.5 spaces for each bed
Schools:
Primary, elementary
Junior, senior
3 spaces for each classroom, or 1 space for each 3 seats (54" bench -type
seating) in the assembly area, whichever is greater
Same as primary/elementary and 1 space for each 4 students over 16 years
old
Junior or community colleges
1 space for each 400 sq. ft. of gross floor area
Juvenile detention centers
1.5 spaces for each bed
Libraries
1 space for each 100 sq. ft. of gross floor area
Museums, art galleries
1 space for each 100 sq. ft. of gross floor area
Preschools, day care centers
1 space for each employee plus 1 space for each 6 children
Vocational and business schools
1 space for each 400 sq. ft. of gross floor area
MANUFACTURING (MASS PRODUCTION)
All uses listed under manufacturing in
Table 4-1
1 space for each employee per maximum shift
RESIDENTIAL
Accessory dwelling units
1 space
Single-family dwelling
2 spaces
Two-family dwellings
4 spaces
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Multifamily Development
10 units or less
More than 10 units
2 spaces per dwelling
1.5 spaces per dwelling
Retirement homes
1 space for each dwelling unit
RETAIL TRADE AND SERVICES
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
Car wash
Car wash, self-service
Paint and body repair
Specialized repair shops (battery,
radiator, etc.)
2 spaces per service area including work bays
6 spaces per wash bay
1 space for each 1,000 sq. ft. of gross floor area
2 spaces per service area including work bays
2 spaces per service area including work bays
Wrecking and dismantling yards
1 space for each 500 sq. ft. of gross floor area
Beauty and barber shops
1 space for each 400 sq. ft. of gross floor area
Short Term Rental
1 space for each guest room
Building and contractors
1 space for each 800 sq. ft. of gross floor area
Congregant Living Facility
1 space for every 2 beds
Drug stores
1 space for each 200 sq. ft. of gross floor area
Employment agencies (private)
1 space for each 200 sq. ft. of gross floor area
Espresso/coffee stand with or without
drive -through
1 space for each 50 sq. ft. of gross floor area, including outside seating, and
one space for each employee
Farm supplies
1 space for each 800 sq. ft. of gross floor area
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Florists
1 space for each 500 sq. ft. of gross floor area
Financial institutions
1 space for each 200 sq. ft. of gross floor area
Furniture, home furnishings, appliances
1 space for each 800 sq. ft. of gross floor area
Heating and plumbing equipment stores
1 space for each 400 sq. ft. of gross floor area
Home occupations
See YMC 15.04.120(J)
Insurance agents, brokers and service
agencies
1 space for each 200 sq. ft. of gross floor area
Lumber yards
1 space for each 800 sq. ft. of gross floor area of structure and covered storage
area
Nurseries
1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside
display and sales area
Medical and dental laboratories, offices,
and clinics
1 space for each 200 sq. ft. of gross floor area
Motels and hotels
1.2 spaces for each guest room
Multiple use centers (3 or more uses
with shared parking)
—having less than 25,000 sq. ft. of gross
floor area
—having 25,001-400,000 sq. ft. of
1 space for each 300 sq. ft. of gross floor area
1 spaces for each 400 sq. ft. of gross floor area
1 spaces for each 500 sq. ft. of gross floor area
1 spaces for each 600 sq. ft. of gross floor area
gross floor area
—having 400,001-600,000 sq. ft. of
gross floor area
—having 600,001+ sq. ft. of gross floor
area
Paint, glass, and wallpaper stores
1 space for each 400 sq. ft. of gross floor area
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Professional office building for use by
accountants, attorneys, etc.
1 space for each 200 sq. ft. of gross floor area
Real estate offices
1 space for each 200 sq. ft. of gross floor area
Restaurant, cafe, and drive-in eating
facilities
1 space for each 50 sq. ft. of indoor public floor area, and 1 space for each 200
sq. ft. of outdoor public eating area
Retail establishments in Table 4-1 but
not listed in this table
—less than 25,000 sq. ft. of gross floor
area
ft. floor
1 space for each 300 sq. ft. of gross floor area
1 spaces for each 400 sq. ft. of gross floor area
1 spaces for each 500 sq. ft. of gross floor area
1 spaces for each 600 sq. ft. of gross floor area
—25,001-400,000 sq. of gross
area
—400,001-600,000 sq. ft. of floor
gross
area
—600,001+ sq. ft. of gross floor area
Service stations
2 spaces for working/service area, including bays
4Taverns and bars, dine, drink, and
dance establishments
1 space for each 75 sq. ft. of gross floor area
Waste material processing and junk
handling
1 space for each 500 sq. ft. of gross floor area
TRANSPORTATION
Bus terminals, storage and maintenance
facilities
1 space for each 300 sq. ft. of gross floor area
Air, rail and truck terminals
1 space for each 300 sq. ft. of gross floor area
Taxicab terminals, maintenance and
dispatching centers
1 space for each 300 sq. ft. of gross floor area
UTILITIES
Table 6-1. Table of Off -Street Parking Standards
LAND USE
PARKING STANDARDS
Utility services
1 space for each 800 sq. ft. of gross floor area
WHOLESALE TRADE
Wholesale trade warehouses
1 space for each employee based on the maximum working at any given shift;
or
1 space for each 300 square feet of gross floor area for packing and
processing areas;
2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each
additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas;
whichever is deemed more appropriate by the reviewing official
Residential mini -storage
1 space for each 300 sq. ft. of gross floor area of office space
How to Use Table 6-1:
1. Calculate the gross floor area for the
2. Determine the amount of gross floor
3. Required off-street parking for storage
4. Find the proposed use in Table 6-1.
Example:
— The gross floor area of the structure
standard for storage rooms is one space
the storage area.
— The proposed use is a shoe shop. According
300 sq. ft. of gross floor area. 2,000 _ 300
(YMC 15.06.050(A)).
— The total required off-street parking
area) = 9 spaces.
structure. (See YMC 15.06.040 to determine gross floor area.)
area used for storage rooms.
is one space per 500 square feet.
is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for storage. The parking
per 500 sq. ft. (YMC 15.06.040). 1,000 _ 500 = 2 off-street parking spaces for
to Table 6-1, shoe shops require one off-street parking space for each
= 6.6 or seven spaces, since fractions of parking spaces are rounded up
of this use is: 2 spaces (for storage area) + 7 spaces (for the rest of the gross
15.09.010 Purpose.
The purpose of this chapter is to establish special development standards for certain types of development
within the City of Yakima.
15.09.020 Special development standards for the district overlays.
A. Purpose. The overlays are established to coordinate the provisions established in the
zoning ordinance with more detailed policies and standards adopted in other plans and
ordinances. Specific overlays have been established as follows:
Overlay District
Districts or Programs
Greenway Overlay
Yakima River Regional
Greenway Plan
Overlays established separately
Airport Safety
Overlay (see YMC
Chapter 15.30)
Yakima Air Terminal at
McAllister Field; other
public airport with defined
airspace per FAR Part 77
Institutional
Overlay (see YMC
Chapter 15.31)
Large-scale institutional
facilities with special
locational needs
Master Planned
Development
Overlay (see YMC
Chapter 15.28)
Master planned
development (residential,
commercial, industrial or
mixed -use development)
Floodplain Overlay
National Flood Insurance
Program (flood hazard
areas); City of Yakima
Critical Area Ordinance
YMC 15.27; Shoreline
Master Program YMC
Title 17
B. Application. The provisions of this chapter shall apply when all or a portion of a
development, or modification thereto, is proposed within the boundaries of an overlay. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part),
2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
C. Project Review in an Overlay Not Separately Established. In order to assure the
appropriate standards are applied, all Class (1) uses in an overlay which is not separately
established unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14).
All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district
shall be subject to Type (3) review. The administrative official may condition or deny approval of
any use, development, or modification thereto in an overlay based on the provisions set forth
and adopted by this section.
D. Special Development Standards in the Greenway Overlay. All development in the
greenway overlay shall conform to the requirements and standards of the underlying zoning
district and the policies and intent of the Yakima River Regional Greenway Plan.
E. Special Development Standards in the Floodplain Overlay. All development in the
floodplain overlay shall conform to the requirements and standards of the underlying zoning
district, and the City of Yakima's adopted Critical Area (YMC 15.27) and Shoreline Master
Program (YMC Title 17) ordinances.
15.09.045 Accessory dwelling units.
A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to:
1. Provide property owners with an opportunity for extra income, companionship, and
security;
2. Better utilize existing infrastructure and community resources (sewer, water, roads,
etc.);
3. Provide a housing type that allows flexibility to respond to changing needs and
lifestyles;
4. Add to the supply of affordable dwelling units; and
5. Protect neighborhood character and stability by ensuring that ADUs are compatible
with surrounding land uses.
B. Requirements. An accessory dwelling unit is a permitted use on all parcels containing a
single-family dwelling (See YMC § 15.04.030, Table 4-1 for Level of Review) subject to all of the
following conditions:
1. The accessory dwelling unit may be attached to the primary residence or attached to
or above a detached garage, or be its own stand-alone structure.
2. Off-street parking shall be provided as required in YMC Chapter 15.06 for both the
ADU and the primary residence located on the lot they are intended to serve.
3. The ADU's floor area shall not exceed 1,000 square -feet.
4. The ADU's exterior walls shall be designed so as to be similar in style, color, and
building materials to the primary detached dwelling.
5. An ADU attached to the primary structure shall have the same building setbacks as
the primary structure. An ADU that is attached to, or built above, a detached garage or a
stand-alone structure shall have the same building setbacks as an accessory structure.
6. A parcel/lot shall contain no more than one single-family residence and one ADU.
7. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a
commercial or industrial structure/use.
8. ADUs shall only be permitted on parcels/lots sized appropriately for a duplex per YMC
§ 15.05.030, Table 5-2. ADUs proposed on lots smaller than the minimum lot size may be
approved after undergoing one additional level of review as shown in YMC § 15.04.030,
Table 4-1.
9. The primary residence and the ADU shall both be connected to public sewer and
water.
a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall
share a single sewer and water connection.
b. If the ADU is attached to, or located above, a detached garage, or is a stand-
alone structure, each unit may have its own sewer and water connection, with
required meters, or share the sewer and water connection with the primary dwelling
unit consistent with applicable code(s).
10. A lot containing an ADU shall not be subdivided, or otherwise segregated in
ownership, in a way that separates the ADU and the primary dwelling unit on different lots,
except as permitted under YMC Title 14.
11. The site plan for the construction or conversion of an ADU shall indicate the ADU.
12. Any exterior stairs shall be placed in the rear or side yard.
13. A deed restriction, signed by the property owner and the city, shall be recorded with
the Yakima County auditor's office providing notice to potential buyers of the ADU
restrictions.
14. ADU's uses as a Short Term Rental shall also comply with YMC 15.09.080 and all
other applicable Codes.
C. Enforcement. The city retains the right with reasonable notice to inspect the ADU for
compliance with the provisions of this section.
D. Elimination. The city retains the right with reasonable notice to withdraw occupancy
approval if any of the requirements under subsection B of this section are violated. In the event
the city withdraws occupancy, the property owner may:
1. If attached, merge the existing ADU to the single-family dwelling; or
2. If detached, use the building for an approved accessory use or remove the structure
from the premises.
15.09.050 Performance standards —Emissions.
A. Purpose and Application. The purpose of this section is to provide guidelines and general
standards governing emissions and miscellaneous items covered herein for use in evaluating
the impact of proposed and existing developments and uses, or changes or alterations thereto,
being considered under the terms of this Title. A reviewing official, including those engaged in
Type (1) review, administrative modification review, or compliance under YMC Ch. 15.25 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 and
existing uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a
manner inconsistent with the intent of the district and/or incompatible with surrounding uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to
human health, animal life, vegetation, or property is prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light,
beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines
without the aid of instruments, except for vibration resulting from construction activity.
F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust,
constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive
to rodents or insects shall be stored in closed containers and in a manner to eliminate or
prevent such hazards.
15.09.080 Special requirements for short term rentals.
Short term rentals 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, short term rentals shall be subject
to the following requirements:
A. Home occupation short term rentals shall meet all (13) necessary conditions listed in YMC
15.04.120(C) and be operated so as not to infringe upon the rights of neighboring residents to
peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds
may be made only if such changes are compatible with the character of the neighborhood.
B. If provided, meals shall only be served to guests, even if required to be licensed as a
restaurant under state regulations, except as otherwise permitted in this title.
C. The front yard area shall not be used for off-street parking for guests unless the parking
area is screened and found to be compatible with the neighborhood or unless waived by the
reviewing official.
D. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed
within the applicable zoning district, and bearing only the name of the short term rental and/or
operator, shall be permitted.
E. The administrative official may authorize use of the short term rental for receptions, group
meetings and special gatherings based upon the size of the residence, availability of adequate
off-street parking spaces, public health considerations, and compatibility with the surrounding
neighborhood.
F. No more than five lodging or guest rooms shall be allowed for home occupations.
G. There shall be no exterior alteration to the building which would change its character from a
dwelling.
H. The portion of the residence used for a short term rental shall be designed that it may be
readily converted to serve residential uses.
I. The short term rental shall be 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.
J. The short term rental shall not generate materially greater traffic volumes than would
normally be expected in the residential neighborhood.
K. The short term rental shall not require the use of electrical or mechanical equipment that
would change the fire rating of the residence or exceed FCC standards for residential use.
L. A business license shall be required.
15.09.210 Special requirements for retaining walls.
Retaining walls may be made of any material commonly used for this purpose, such as block,
timber, stone or concrete, except that the following materials are prohibited:
1. Materials not manufactured for, or customarily used on, retaining walls unless said
materials are certified by a professional engineer.
15.11.020 Application requirements.
All applications shall comply with the following requirements:
A. Applications shall be in writing on forms provided by the department;
B. Each submitted land use application shall be completed in its entirety, and contain all
narratives, supplemental narratives, site plans, or other required attachments as specified by
the pertinent application. For Type (1), or (2) reviews for developed sites for which there is
limited proposed change, the application shall include a general site plan in print or digital form
in conformance with YMC 15.11.030; provided, the administrative official at their discretion may
require additional information to clarify the application or determine compliance with the
provisions of this title. For Type (3) review, the application shall include a detailed site plan in
conformance with YMC 15.11.040;
C. All applications, including a Type (1) review, shall be signed by the property owner or his
agent authorized in writing to do so;
D. Applications shall be accompanied by the appropriate fee as established by ordinance;
E. An application is not complete unless it includes all required information, attachments and
fees. No application shall be considered officially filed until accepted as complete by the
division; and
F. Applications for Type (2) and (3) reviews shall include a minimum eleven -inch by
seventeen -inch reproducible copy of the site plan in print or digital form. In the event of
expanded review, additional copies may be required at the applicant's expense. Site plans shall
be developed in accordance with YMC 15.11.030 or 15.11.040, as applicable.
Table 11-1. Notice Requirements
Notice of
Application
Notice of Hearing
Examiner or
Yakima Planning
Commission
Public Hearing
Notice of
Recommendation/Decision
City Council
Hearing
Type (1) Review
(Not Required)
(Not Required)
Notice of Decision
• Applicant
(Not Required)
Type (2) Review
• Applicant
• Property owners
within 300-foot
radius
• City In-house
Distribution List
(Not Required)
Notice of Decision
• Parties/agencies who received
the Notice of Application
• Any additional parties of record
(Not Required)
Type (3) Review
• Applicant
• Parties of Record
• Property owners
within 300-foot
radius
• City In-house
Distribution List
• Posting is
required prior to
issuance of notice
(at least 20 days
prior to hearing)
• Applicant
• Parties/agencies
who received the
Notice of
Application
• Any additional
parties of record
• Local Media
• Hearing
Examiner or
Yakima Planning
Commission
• Publish legal ad
in the newspaper
Notice of Decision (mail 3 days
after it is rendered)
• Certified mail to applicant
• Regular mail to parties and
agencies who received the
Notice of Application
• Any additional parties of record
(Not Required)
Table 11-1. Notice
Requirements
Notice of
Application
Notice of Hearing
Examiner or
Yakima Planning
Commission
Public Hearing
Notice of
Recommendation/Decision
City Council
Hearing
Appeals
For SEPA appeal
see YMC Ch.
6.88
Notice of Appeal of
Administrative
Official's Decision
and Public Hearing
• Appellant
• The official whose
decision is being
appealed
• Parties/agencies
who received the
Notice of
Application
• Posting property
and publishing a
legal ad is required
Notice of Appeal of
Hearing Examiner's
Decision
• Appellant
• The official whose
decision is being
appealed
• Parties and
agencies who
received the Notice
of Application
See Notice of
Application
Notice of Hearing Examiner's
Decision
• Certified mail to applicant
• Regular mail to parties and
agencies who received the
Notice of Application
• Any additional parties of record
• City Clerk will
publish legal ad and
send notice to the
following:
- Appellant
- Official whose
decision is being
appealed
- Hearing Examiner
- Parties and
agencies who
received the Notice
of Application
- Any additional
parties of record
Cell Tower
See YMC 15.29.040 Table 29-1
Planned
Development
• Applicant
• Property owners
within 300-foot
radius
• City In-house
Distribution List
• Posting is
required prior to
issuance of notice
(at least 20 days
prior to hearing)
• Applicant
• Parties/agencies
who received the
Notice of
Application
• Any additional
parties of record
• Local Media
• Hearing
Examiner or
Yakima Planning
Commission
Notice of Recommendation
• Regular mail to applicant and
parties of record
Notice of Decision
• Applicant receives cover letter
with ordinance if approved or
Council's findings if denied
• City Clerk will
publish legal ad and
send notice to the
following:
- Applicant
- Parties/agencies
who received the
Notice of Application
- Any additional
parties of record
Table 11-1. Notice Requirements
Notice of
Application
Notice of Hearing
Examiner or
Yakima Planning
Commission
Public Hearing
Notice of
Recommendation/Decision
City Council
Hearing
• Publish legal ad
in the newspaper
Rezone
• Applicant
• Property owners
within 300-foot
radius
• City In-house
Distribution List
• Posting is
required prior to
issuance of notice
(at least 20 days
prior to hearing)
• Applicant
• Parties/agencies
who received the
Notice of
Application
• Any additional
parties of record
• Local Media
• Hearing
Examiner or
Yakima Planning
Commission
• Publish legal ad
in the newspaper
Notice of Recommendation
• Regular mail to applicant and
parties of record
Notice of Decision
• Applicant receives cover letter
with ordinance if approved or
Council's findings if denied
• City Clerk will
publish legal ad in
the newspaper and
send notice to the
following:
- Applicant
- Parties/agencies
who received the
Notice of Application
- Any additional
parties of record
Comprehensive
Plan
Amendment
See YMC Ch. 16.10
Right -of -Way
Vacation
See YMC Ch. 14.21
SEPA
See YMC Ch. 6.88
Shoreline
See YMC Ch. 17.13 and WAC 173-27-110
Subdivisions
See YMC Title 14 and RCW 58.17
15.17.020 Modification to permitted development and uses regulated.
Minor changes to existing or approved Class (1), (2) or (3) uses or development may qualify for
abbreviated review under the provisions in this chapter, if they meet the criteria listed below.
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 (1), (2) or
(3) use or development.
A. The modification will not increase residential density that would require an additional level
of review;
B. The modification will not increase the amount of parking by more than ten percent or twenty
spaces (whichever is least), except that the amount of parking for controlled atmosphere and
cold storage warehouses may be increased by up to twenty spaces. This limit shall be
calculated cumulatively for all previous modifications since the last normal review;
C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area.
The expansion of an existing single-family home may exceed the fifty percent limit when all
applicable setback and lot coverage standards are met. This limit shall be calculated
cumulatively for all previous modifications since the last normal review;
D. The modification will not increase the height of any structure;
E. This limit shall be calculated cumulatively for all previous modifications since the last
normal review;
F. The modification will not add a drive-thru facility; and
G. The modification does not include hazardous materials.
15.19.050 Continuation of nonconforming uses.
A. Generally. Any legal nonconforming use may continue as long as it remains otherwise
lawful. Any change or expansion of the nonconforming use shall be made in accordance with
the provisions of YMC 15.19.070 or 15.19.080.
B. Continuation When a Nonconforming Use is Damaged or Destroyed. When a
nonconforming use and associated structure are damaged, the nonconforming use may be
replaced as it was prior to the damage. If the structure was also nonconforming, the structure
may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming
in accordance with YMC 15.19.080.
C. Continuation of Nonconforming Single -Family Dwellings. Existing Single -Family Dwellings in
the Commercial and Industrial Zoning Districts may be expanded, reconstructed, or rebuilt in
accordance with the provisions of YMC Ch. 15.17 (Modification).
if fully set forth herein, with the exception of the Planning Commission's recommendation for
Congregate Living Facilities. The Council, after discussion, modified the Planning Commission's
recommendation to allow Congregate Living Facilities up to 10 and 11+ as a Class (3) use in all
residential zoning districts, as contained in Exhibit "A".
Section 3. Severability/Validity. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ratification. Any act consistent with the authority, and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 5. Authorization to File. The City Clerk is hereby authorized and directed to
file a certified copy of this ordinance with the Yakima County Auditor.
Section 6. Effective Date. This ordinance shall be in full force and effect 30 days
after its passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 7th day of January, 2020.
ATTEST:
v Sonya Cl6ar1Tee, City Clerk
Publication Date: January 10, 2020
Effective Date: February 9, 2020
Patricfag yers, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 7.F.
For Meeting of: January 7, 2020
Ordinance amending Yakima Municipal Code Title 15—Yakima
Urban Area Zoning Ordinance to incorporate text amendments
recommended by the City of Yakima Planning Commission
Sara Watkins, Senior Assistant City Attorney
Joseph Calhoun, Planning Manager
SUMMARY EXPLANATION:
At the December 3, 2019 City Council meeting, Council reviewed the Planning Commission's
recommendations for text changes to Title 15: the Yakima Urban Area Zoning Ordinance. After
closing the public hearing, Councilmember Funk moved to change the language in Title 15
regarding congregate living, and further changes were made to indicate the proper level of
review. Those changes were agreed to unanimously by the Council, however, the Council did not
take the formal step of approving the entire ordinance, Title 15, as amended. Title 15, with the
Council -approved changes, is in front of Council for final approval. A motion to approve Title 15
as presented is needed to approve the text changes (including the changes to congregate living
facilities directed by Council to staff).
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date
redline 12131/2019
D nal 1/31 /2019
Type
eo
ergo
