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HomeMy WebLinkAbout1986-2947 NEW ZONING ORDINANCE FOR YAKIMA CITY 4111 ORDINANCE NO. 2947 AN ORDINANCE relating to zoning and land use regulations; enacting Title 15 of the City of Yakima Municipal Code and superceding and replacing Title 12 of the City of Yakima Municipal Code; enacting a comprehensive new zoning ordinance and zoning maps for the City of Yakima including provisions which: (1) Establish and define new zoning districts for the Yakima Urban Area implementing the goals, policies and mapping adopted in the Yakima Urban Area Comprehensive Plan, (2) create a new land use classification system which establishes the degree to which land uses are permitted in each district and the appropriate level of review for land uses allowed in each district, (3) establish new development standards, (4) establish off-street parking standards and requirements, (5) establish sitescreening standards and requirements, (6) establish sign standards and requirements, (7) establish special development standards for certain uses, (8) authorize the administrative adjustment of certain development standards, (9) establish requirements of procedures for applications for permits, (10) establish provisions pertaining to permits, (11) establish three basic levels of review to evaluate land use proposals and procedures for use in each level of review, (12) provide for appeals of decisions on land use decisions, (13) establish provisions to review modifications to existing or approved development and uses, (14) establish the circumstances, conditions, procedures under which nonconforming uses, structures and lots are permitted to continue to exist and expand, (15) provide for and allocate responsibilities S and requirements for the administration, enforcement, and interpretation of the ordinance, (16) authorize in certain limited circumstances variances from the strict application of the ordinance, (17) establish the rules and procedures for interpreting the text of the ordinance, the zoning map which the ordinance incorporates, and the rules and regulations established in the ordinance, (18) establish procedures for amending the zoning text or map, (19) establish procedures to authorize, after notice and opportunity for hearing, revocation or modification of any permit or approval previously approved or granted, (20) establish responsibilities and procedures for enforcing provisions of the ordinance and imposing civil and criminal penalties for violations, (21) define certain terms, phrases and words used in the ordinance, (22) establish certain transition policies and procedures, (23) establish a future effective date, and, generally providing for a comprehensive new zoning ordinance within the City of Yakima. WHEREAS, the Board of Yakima County Commissioners and the Yakima City Council have previously entered into an agreement to jointly and cooperatively engage in regional planning under the authority of RCW 36.70.060 within the designated and defined Yakima Urban Area; and WHEREAS, as a result of said agreement, the City of Yakima and Yakima County have created an Urban Area Regional Planning Commission and have further adopted the Yakima Urban Area Comprehensive Plan and Growth Policy; and 411 WHEREAS, a newzoning ordinance based on and implementing.the provisions of the Yakima Urban Area Comprehensive Plan and Growth Policy has been developed and has further been considered at public hearing by the Yakima Urban Area Regional Planning Commission and recommended for adoption to the Board of Yakima County Commissioners and Yakima City Council; and • WHEREAS, the Board of Yakima County Commissioners and Yakima City Council scheduled and held their own series of public hearings to consider said proposed ordinance and certain amendments and changes thereto; and WHEREAS, the Yakima City Council.believes that all persons desiring to speak for or against, or in relation to the proposed ordinance were given a full and complete opportunity to be heard during the process of hearing and further is satisfied that this matter has now been sufficiently considered; and WHEREAS, the Yakima City Council has previously made and entered written Findings of Fact and Reasons for Decision in connection with the proposed adoption of said ordinance, which Findings of Fact and Reasons for Decision are hereby incorporated by reference herein in their entirety; and WHEREAS, the Yakima,City Council deems it to be necessary for the best interests of the ,health, safety, moral and general welfare of the people of - the City of Yakima that the zoning ordinance contained herein be adopted; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Title 15 entitled "Yakima Urban Area Zoning Ordinance" is hereby enacted as a new title of the City of Yakima Municipal Code, which new title and the various chapters and sections thereof, shall read as s follows: 1111 • YAKIMA URBAN AREA ZONING ORDINANCE TABLE OF CONTENTS Page No. Index Index of Terms Chapter 15.01 Title, Purpose, Jurisdiction 1 Chapter 15.02 Definitions 5 Chapter 15.03 Zoning Districts 22 Chapter 15.04 Permitted Land Uses 28 Chapter 15.05 Site Design and Improvement Standards 42 Chapter 15.06 Off-Street Parking and Loading 48 Chapter 15.07 Sitescreening 56 Chapter 15.08 Signs 59 Chapter 15.09 Special Development Standards 69 Chapter 15.10 Conditions of Approval/Administrative • Chapter 15.11 Adjustment of Standards 74 General Application Requirements 76 Chapter 15.12 Permits 83 Chapter 15.13 Class (1) Review 89 Chapter 15.14 Class (2) Review 90 Chapter 15.15 Class (3) Review 92 Chapter 15.16 Appeals 94 Chapter 15.17 Modifications to Existing or Approved Uses or Development 97 Chapter 15.18 Existing Uses and Development 99 Chapter 15.19 Nonconforming Uses and Structures 101 Chapter 15.20 Administration 105 Chapter 15.21 Variances 109 Chapter 15.22 Interpretations 111 Chapter 15.23 Amendments and Rezones 113 Chapter 15.24 Revocation of Permits or Approvals 115 Chapter 15.25 Violations and Enforcement and Administration 117 Appendix A Urban Area Boundary - Legal Description Al • List of Tables Page No. Table 4-1 Table of Permitted Land Uses 30 Table 4-2 Permitted Home Occupations 38 Table 5-1 Site Design Requirements and Standards 46 Table 5-2 Subdivision Requirements 47 Table 6-1 Table of Off-Street Parking Standards 49 Table 6-2 Standard Parking Lot Dimensions 54 Table 7-1 Recommended Sitescreening Between Land Uses and Development 58 Table 8-1 Type and Number of Signs Permitted 63 • Table 8-2 Maximum Sign Area 64 Table 8-3 Sign Height and Setbacks 65 Table 11-1 Application Requirements 77 Table 11-2 Notice Requirements 81 Table 11-3 Fee Schedule 82 • index • Page Access, required (15.05.020.8) 43 Accessory Use Defined (15,02,020(2)> 5 Review of (15,04.050) 29 Yard Sales (15'04'060) 29 Caretaker residence (15'04'070) 29 Defined (15'02.020(3])) 8 Where Permiitted (15.04.050) 29 Swimming Pools <15.04,080> 29 Administrative Official Defined <15.02'020(4)> 5 Duties and Powers (15'20,040) 106 Appeal of Decisions by (15'16'030) 94 Appeals Defined (15'02,020(14)) 6 Where filed (15'16.020) 94 Appeal of decisions by the building official (15'16'0]0) 94 Appeal of decisions by the administrative official (15.1*'030) 94 Appeal of decisions by the hearings examiner (15,16.0*0) 95 Appeal of decision by legislative body (15.16'060) 96 Actions not appealable (15.16'080) 96 S �pplioution Requirements Generally (15'11.020 and Table 11-1) 76,77 Filing (15,11'070) 79 Notice requirements (15'11.090 and Table 11-2) 80,81 Fees (Table 11-3) 82 Building and Enforcement Official Defined (15.02.020(28)) 7 Duties and Powers <15'20.020> 105 Appeal of,deoiaiono by (15.16.030) 94 Building Height msciueu (15.02.020(29)) 7 Intent (15.05'020.6) 43 Standards (Table 5-1) 46 Building Setbacks nroot (defined 15.02.020(167)) 18 Side and rear (defined 15.02'020(168)) 18 Intent (15'05.020'4) 43 Standards (Table 5-1) 16 Cr Caretaker Residence (15,04.070) 29 Certificate of xuuiqg Review Defined (15.02'020(3*)) 8 Issuance (15.12.020'2) 83 Exemptions (15.12.02(3'3) 83 Compliance required (15.12'030) 84 Official index (15.12'040) 84 Expiration (15.12.060) o� Extension (15.12.060.]) 86 Revocation of (Chapter 15'24) 115 Page Class (1) Use Defined (15.02.020(38) and 15.04.020.1) 8,28 Listing (Table 4-1) 30-36 Home occupations (Table 4-2) 38 Review of (Chapter 15.13) 89 Modification of (15.17.040) 97 Class (2) Use Defined (15.02.020(39)) and (15.04.020.2) 8,28 Listing (Table 4-1) 30-36 Home occupations (Table 4-2) 38 Review of (Chapter 15.14) 90 Modification of (15.17.050) 97 Class (3) Use Defined (15.02.020(40)) and (15.04.020.3) 8,29 Listing (Table 4-1) 30-36 Home occupations (Table 4-2) 38 Review of (Chapter 15.15) 92 Modification of (15.17.050) 97 Class (1), (2) or (3) Use, Approved Defined (15.02.020(41)) 8 Class (1), (2) or (3) Use, Existing Defined (15.02.020(42)) 8 Communication Towers Defined (15.02.020(44)) 9 Location of (15.04.130.1) 41 Setbacks (15.04.130.2) 41 Tower height (defined 15.02.020(45)) 9 Certificate of Occupancy Purpose (15.12.070.1) When required (15.12.070.2) Procedures (15.12.070.3) 86 Occupancy prior to completion (15.12.070.4) 86 Class (1) Review When required (15.13.020) 89 Application for (15.13.030) 89 Approval/Denial (15.13.050) and (15.13.060) 89 Appeals of (15.13.070) 89 Class (2) Review When required (15.14.020) 90 Application for (15.14.030) 90 Review procedures (15.14.040) 90 Appeals of (15.14.070) 91 Class (3) Review When required (15.15.020) 92 Application for (15.15.030) 92 Review procedures (15.15.040) 92 Appeals of (15.15.070) 93 D Day - See Time (Computation of) • ji Page Development Permit Defined (15.02'020(59)) 9 Issuance, generally (15'12.020'1) 83 Issuance, in conjunction with another permit (15.12'020'4) 84 Compliance required (15'12'030) 84 Official index (15.12.040) 84 Expiration (15.12.060'2) 85 Extension (15.12.060.3) 86 Revocation of (Chapter 15.24) 115 Development, Planned Residential Defined (15,02'020(60)) 9 "- Existing Use - See Use Existing Exemptions - See Use Exemptions U� Fee Schedule (Table 11-3) 82 Fences Height (15'05'020.7) and Table 5-1 46 Hazardous Materials and Wastes Defined (15.02.020(83)) 11 Review required (15.09.080) 73 ����� ee*ciuq Examiner -- Defined (15.02.020(84)) 11 Duties and Powers (15.20.050) 106 Appeal of decisions by (15.16.040) 95 Home Occupation Defined (15.02.020(85)) 11 Business Administration (defined 15.02.020(86)) 11 Purpose (15.0*'090.1) 37 Conditions (15'04.090'3) 37 Table of permitted home occupations (Table 4-2) 38 Unclassified home occupations (15.04'090,.6) 39 Home occupations not permitted (15'04.090'7) 39 Revocation of (Chapter 15.24) 115 Interpretations Process (15.22.020 - 15.22.040) 111 Use interpretations (15.22.050) 111 Unclassified uses (15.04'040) 29 U Legislative Body Defined (15.22'020(96)) 12 Authority and duties (15.20.070) 187 Lot Size Standards (Table 5-2) 47 Defined, intent (15.05.030.3) 44 For the SR District (15.05.030.3) 45 Lot Coverage, Maximum 4111 oecineu (z5'oz'nzo(zn1)) zs Intent (15'05.020.3) 4u Standards (Tabe 5-1) 46 '- ' Page KA Mobile/Manufactured Homes Defined (15.02.020(114)) and (15-02.020<111>) 14 Location of (15.04.120) 40 Siting Standards (15.04.120.3) 40 Mobile Home Park Defined (15'02.020(115)> 14 Location of (Table 4-1) 33 Expansion (15.02.020(116)) 15 Modification (of Use or Development) Definition (15.02'020(117)> 15 Review required (15'17.020) 97 Exemptions (15'17.030) 97 To approved and existing Class (1) uses (15'17.040) 97 To approved and existing Class (2) and (3) uses (15.17,050) 97 Maximum Dwelling Units Per Acre Calculation of (15.05.030.2) 44 District standards (Table 5-2) 47 .. Nonconforming Use Defined (15.02.020(125)) 15 Purpose and Intent (15.19.010) 101 Devleopment on existing lots of record (15,19.040) and (15'05'020.2) 101,42 Nonconforming uses, continuation of (15.19.050) 102 Nonconforming structures (15 102 Maintenance of a nn000uzocmiog structure (15.19.060.2) 102 Reconstruction of a nonconforming structure when damage is less than 75% of assessed value (15'19.060.3) 102 ����� Reconstruction of a nonconforming structure when damage beyond 75% of ��N� assessed value (15.19.080) 103 Expansion of a nonconforming use or structure (15,19.080) 103 Change to a Class (1), (2) or (3) use (15'19.070) 103 co to another nonconforming (lu �y n8o) 103 Change n� use ' ' Discontinuance of a nonconforming use or structure (15.19.100) 104 Sale of a000000formioo use or structure (15'19.110) 104 Nonconforming Lots Development on (15.05'020.2) and (15.19.040) 42,101 0 Open Space Defined (15'02.020(130)) 16 Common Defined (15'02.020(131)) 16 Use (15'09.030'1) 70 Location (15'09'030,2) 70 Retention and maintenance (15.09.030.3) 70 Overlay Zoning Districts Airport overlay Intent (15.03,030.14) 26 Special development standards (15'09.020.61 69 Floodplain overlay Intent (15.03.030.15) 26 Special development standards (15.09.020.4) 69 Map (15'03.040.2) 27 Greenway Overlay Intent (15.03.030'16) - 26 Special development standards (15.09.020.5) 69 Additional review required (15.09.020.3) 69 Criteria for variance approval (15'21.030 aou`15'21.0*0) 109,110 410 iv '^ ^^ Page Planned Development Defined (15,02.020(139)) 16 Continuation of (15.18.030) and (15,18.0*0)' 99,00 Completion of (15.18.030.4) 00 Voluntary dissolution of (15'18,030.5) 100 Parking, Off-Street Purpose (15,06.010) 48 General provisions (15.06.030) 48 Standards (15,06'040) (Table 6-1) 48-51 Computation of required spaces (15'06'050) 52 Location (15.06,060) 52 Required landscaping (15.06.090) 53 Construction and maintenance (15'06'110) 53 Required parking dimensions (Table 6-2) 54 1 Nonconforming parking (15.06.140) 55 Handicapped parking (15'06'150) 55 Private Roads Purpose (15,09,060.1) 71 When permitted (15.09,060.2) 72 Minimum standards (15.09.060.3) 72 General requirements (15'0e'060'4) 72 � ~" Service Stations Defined (15,02.020(16*)) 18 Special development standards (15'09,070) 73 Location of (Table 4-1) 36 Site Plan, Detailed Defined (15,02.020(175)) 18 Form and contents (15,11.050) 78 Compliance required (15'12,030.2) 84 Final form (15'12.050) 85 Filing (15.12'050'3) 85 Site Plan, General Defined (15'02.020(176)) 18 Form and contents (15.11.040) 76 Compliance required (15'12.030.2) 84 Final form (15,12.050) 85 Sitescreening Purpose (15,07'010) 56 When required (15'07.020) 56 Standards (15,07.040) (Table 7-1) 56,58 Along streets (15.07'0e) 57 Location of (15.07.070) • 57 Sitescreening plan (15'07.090) 57 Retention and maintenance (15'07,110) 57 Signs Definitions for (15'08,020) *9-61 Permit required (zs oo n3V) 61 rm . , Exempt signs (15.08.040) 61 Standards and general provisions (15.08.060) (15.08.070) and Tables u-z 8-2, and 8-3 62-65 Special provisions for: Projecting signs (15.08.080) 62 Roof signs (15'08,090) 66 Wall signs (15.08.00) 66 Temporary signs (15,08'110) 66 Directional signs (15.08.120) 66 Off-Premise signs (15.08.130) oa v gave Billboards (15.08'130) i 66 For multiple ildins complexes (15'08.140) i 67 Freeway signs (15'08'150) 67 Nonconforming signs (15.08.160) 67 Standard, General . Defined (15.02.020(178)) 18 Standard, Specific • Defined (15,02,020(179)) 19 Adjustment of (Chapter 15.10) � 74 Authorization (15.10.020) (Also see 15.05.060 and 15.08.170)) ' 74 Purpose (15.10.010) and (15,10,020) 74 Conditions of approval (15.10.030) Subdivision i s Maximum c of dwelling units permitted per net residential acre (15.05'030'2) ' .«« Minimum lot size (15,05'030'3) 44 Table of (Table 5-2) 47 Swimming Pools (15.04.080) . 29 • ~� Temporary Use eermits (15.04.100) 39 Temporary Hardship Units (15'04'110) 39 Time, computation of (15.20.120) 108 Day (defined 15.02.020(54)) 9 UU -- Use, Defined (15'02'020(191)) ` 19 Use, Class (1) - See Class (1) Use (also see Class (2) and (3) Uses) Use, Exemptions (15.12.020.3) 83 Use, Existing Class (1), (2) or (3) Use Defined (15'.02.020(42)) 8 Modification of (15.17'040) and (15.17.050) 97 Continuation of (15.18'020) 99 Use, Modification of - See Modification (of Use or Development) Use, Permitted, Table of 30-36 Use, Unclassified <15.04.040> 29 1/ Vision Clearance Triangle Standard (15.05.0*0) 45 Variance Purpose (15.21,010) 109 Application (15.11.020) (Table 11-1) 76,77 Criteria for approval (15.21.030 and 15.21.040) 109,110 Review of (15.21'050, 15.21.060 and 15.21'070) 110 • • vi CHAPTER 15.01 TITLE, PURPOSE, JURISDICTION Sections 15.01.010 Title, Authority. 15.01.020 Jurisdiction. 15.01.030 Purpose and Intent. 15.01.040 Application. 15.01.050 Compliance. 15.01.060 Conflict of Provisions. 15.01.070 Severability. 15.01.080 Number and Gender 15.01.010 Title and Authority. The title codified in Chapters 15.01 to 15.25, shall be known as the Yakima Urban Area Zoning Ordinance. The Yakima Urban Area Zoning Ordinance is enacted under Authority granted to Yakima County and the City of Yakima by Article XI, Section II, of the Washington State Constitution and Chapter 36.70 of the Revised Code of Washington. 15.01.020 Jurisdiction .1 Generally - This title is enacted and administered separately by the City of • Yakima and Yakima County for lands and uses within the Yakima Urban Area. The ordinance adopted and enacted by the City of Yakima applies to all land and uses located within the city limits of the City of Yakima. The ordinance adopted and enacted by the County of Yakima applies to the unincorporated portions of the Yakima Urban Area. .2 Yakima Urban Area Boundary: Official Boundary and Description - For purposes of this title, the Yakima Urban Area is hereby officially declared to be that area bounded and described: (a) on the official zoning maps adopted in accordance with section 15.03.040 of this title and (b) in the "Yakima Urban Area Legal Description" attached hereto as Appendix A and hereby adopted by reference and declared to be a part of this title. In cases of conflict between the official zoning maps and the official legal description, the official legal description shall control. .3 Existing Ordinance Superceded - The provisions of this title shall be and are hereby declared to supercede and replace all existing and future provisions of Yakima county Code Title 15 within the unincorporated areas of Yakima County located within the Yakima Urban Area as officially described and adopted in section 15.01.020.2 above. The provisions of Yakima County Code Title 15 shall, however, continue and remain in full force and effect in the unincorporated areas of Yakima County located outside the officially adopted Yakima Urban Area. The provisions of this title shall and are hereby declared to supercede and replace the existing provisions of Yakima City Code Title 12. .4 Terminology - Unless the context clearly implies some other meaning, references to "county/city", "county (city)" or similar terms in this title refer either to the City of Yakima or Yakima County, whichever entity has jurisdiction over the particular land use proposal or other item involved or affected. In no event shall such references be construed to require, directly or indirectly, action by both entities or their respective officials or agencies. References to "legislative body", "administrative official", "planning department", "hearing examiner" or other official or agency under this title shall mean those officials or agencies of the City of Yakima or of Yakima County, whichever entity has jurisdiction. • -1- 15.01.030 Purpose and Intent The purpose of this title is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of present and future inhabitants of the Yakima Urban Area. These goals are accomplished in many ways including: a) Achieving public and private land use decisions consistent with the policies and objectives of the Yakima Urban Area Comprehensive Plan. b) Dividing the Yakima Urban Area into districts according to the use of land and structures and the intensity of such use. c) Encouraging the location and use of structures and land • for commerce, industry and residences in districts where they are compatible with neighboring land uses. d) Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools can be provided; and limiting development in areas where these facilities are not provided. e) Securing economy in local governmental expenditures. f) Encouraging innovative site design. g) Providing for adequate privacy, light, air and view. h) Promoting development within the Yakima Urban Area that is cost-effective to build and maintain. i) Reducing the time required for public review of proposed projects. j) Protecting existing land uses and property values from adverse impacts of adjoining developments. k) Reducing traffic danger and congestion on roads and highways. 1) Minimizing public and private losses due to flooding. This title is designed to be flexible and intentionally increases the potential uses or choices available to individual property owners. This flexibility is balanced by procedures and standards based on the Yakima Urban Area Comprehensive Plan designed to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community's general welfare. Both concepts are essential to this title and declared necessary for the promotion of the general health, safety and welfare. Further, this title divides all the land within the unincorporated portion of the Yakima Urban Area and the City of Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district's purpose, identifies the general character of the area within the district, and establishes objectives to be achieved by development in the district. Distinctions between each district are significant and based on the Yakima Urban Area Comprehensive Plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to be an official statement of legislative finding and purpose. • 15.01.040 Application .1 Purpose - The purpose of this section is to generally state and summarize the uses and activities concerning land which are regulated by this title and to generally state and outline the manner of their regulation. This section is not intended to control over the more detailed provisions of this title. .2 Generally - Uses of lands are regulated by this title. "Uses" includes, by definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any combination thereof. (See section 15.02.020 defining "use", "accessory use", "structure" and "site improvement'). Use also means "development". (See section 15.02.020). . This title regulates such uses in two ways: (1) By specific development standards which must be met (see Chapters 15.05, 15.06, 15.07, 15.08 and 15.09), and (2) By prior review of more significant uses to allow general policies and standards to be applied, to assure compliance with the purpose and intent of this title, and to allow more flexibility of development and use (see section 15.01.030). Different levels of review (Class (1), (2) or (3) review) are established for different categories of uses. The level of review is generally determined by the classification of the principal use involved under the use chart contained in Table 4-1 (see Chapter 15.04). Certain accessory uses are subject to detailed regulations, including home occupations, off-street parking, signs, sitescreening, temporary use permits, swimming pools, communication towers, caretaker residences and yard sales (see Chapters 15.04, 15.06, 15.07 and 15.08). • -2- • Some of the specific development standards are designed to be administratively adjusted upwards or downwards to accommodate the purpose and intent of the zoning district involved and flexibility of development. (See section 15.10.020). .3 New and Existing Uses Regulated - Both uses established before and after the adoption of this title are regulated but are treated differently depending on their status under this title. Totally new and different uses and development are reviewed under Class (1), (2) or (3) review and if approved are called "approved uses ". Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing uses ". Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the develoment standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see Chapter 15.18). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called "nonconforming uses ". Such uses are allowed to continue but are subject to more restrictions (see Chapter 15.19). .4 Changes and Alterations to Uses and Development - Changes and alterations to approved, existing, or nonconforming uses or development are also regulated by this title and are called "modifications ". (See section 15.02.020(117). Certain nominal modifications to "approved" or "existing" uses are exempt. Other modifications to "approved" or "existing" uses which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in Chapter 15.17. More significant changes to "approved" or "existing" uses and development which do not meet the exemptions or administrative approval criteria of Chapter 15.17 must be reviewed using the normal Class (1), (2) or (3) review procedures of this title. Changes and alterations to nonconforming uses are regulated by Chapter 15.19. .5 Permits - Except as exempted, no use or development, or modification of use or development, as those terms are defined, may be established, placed, performed, constructed or implemented, in whole or in part, without a permit. The permit 411 required by this title is called a "development permit ". Chapters 15.11 and 15.12 contain provisions governing such permits and applications for permits. The following uses and modifications are exempt from prior review and permit requirements provided that they do not involve a required site improvement contained in a previously approved final site plan or permit (some exempt uses must still comply with the standards of this title): (a) Normal structural repair and maintenance. (b) Changes to conforming structures which do not involve structural alteration as that term is defined by this title. (c) Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor physically expand the structure. (d) Accessory structures otherwise meeting the specific development standards and other requirements of this title and which do not require a building permit under the provisions of the Uniform Building Code as adopted by the City /County. (e) Communication towers less than 35 feet in height and which meet the requirements of section 15.04.130. (f) Exempt signs. (g) Yard sales meeting the requirements of section 15.04.060. (h) Alterations to land including grading, leveling, paving and excavation, the fair market value of which does not exceed $500.00. (i) Sitescreening and landscaping. (j) All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision regulating such improvements. 15.01.050 Compliance. No structure, land, or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved, improved, removed, converted, or demolished except as author- ized by the terms of this title. • -3- 15.01.060 Conflict of Provisions. [ In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the county/city, the most . restrictive shall govern. In the case of conflicts between the text, maps and tables of the title, the text shall govern unless otherwise stated. 15.01.070. Severability. This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title. If any division, chapter, section, paragraph, clause or any portion is adjudged invalid for any reason as applied to a particular property, use or structure, the application of such portion of the zoning ordinance to other property, use, or,structures shall not be affected. 15.01.080 Number and Gender. Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may also be applied to the singular; words importing the masculine gender may be extended to female; and words importing the feminine gender may be extended to males. • -4- CHAPTER 15.02 DEFINITIONS Sections: 15.02.010 Purpose. 15.02.020 Definitions. 15.02.010 Purpose. This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict with definitions used in other titles of the county/city code, the definitions in this chapter shall prevail for the purpose of this title. 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, 1983 shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations but are not intended to restrict a more general definition. A (1) Access Driveway means an entrance roadway from a street or alley to a parking facility. (2) Accessory Use means a use which is subordinate and incidental to a principal use. (3) Adjusted Assessed Value means the latest assessed valuation of a structure adjusted to current assessed value using the appropriate comparative cost multiplier for the western district in the Marshall and Swift Valuation Manual. (4) Administrative Official means the duly appointed Yakima County Planning Director or the Director of the City of Yakima Department of Community and Economic Develop- ment, whichever is appropriate. (5) Agriculture means the tilling of soil, raising of crops and horticulture. (see Table 4-1). (6) Agricultural Building means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. The structure shall not be used for human habitation; processing, treating or packaging agricultural products, nor shall it be a place used by the public. (7) Agricultural Market means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and some limited nonfood items. This definition does not include the sale of livestock. (8) Agricultural Related Industry means specifically: (a) Packaging Plants may include but are not limited to the following activities: Washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Does not include processing activities, or slaughter houses, animal reduction yards, and tallow works. -5- (b) Processing Plants may include but are not limited to those activities which. involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughter houses or rendering plants. (c) Storage Facilities may include those activities which involve the warehousing of processed and/or packaged agricultural products. (9) Agricultural Stand means a structure up to 1,000 square feet in area used for the retail sale of :agricultural products, excluding livestock, grown on the premises. (10) Alley means a public thoroughfare or way twenty (20) 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. (11) Amendment means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. (12) 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. (13) Animal Husbandry means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, 11Amas, goats and sheep, their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept. (14) Appeal'means a request for review of a reviewing official's decision, determination, order or interpretation of any provision of this title. (15) 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. (16) Application for Development means the application form and all accompanying documents and exhibits required by this title or the responsible official. (17) Arterial means a principal or minor arterial as shown in the optimal arterial street plan adopted in the Yakima Urban Area Comprehensive Plan. (18) 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 multi-story buildings by a common ceiling/floor(s). (19) Automobile Service Station See "Service Station". (20) 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. (21) 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. B (22) Bed and Breakfast See "Boarding House". (23) Beverage Industries means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. (24) Boarding House means an establishment providing both lodging and meals for not more than ten (10) persons residing in the facility on a permanent or semipermanent basis. (25) Building See "Structure". 114 -6- • • (26) 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. (27) Building Code means the uniform building code and related codes as amended and adopted by Yakima County /City of Yakima. (28) Building end Enforcement Official means that person or: persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. For purposes of this title, building official means building and enforcement official. (29) 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: a) The elevation of the highest adjoining sidewalk or finished ground surface. within a 5 foot. horizontal distance of the exterior wall'of the building when • such sidewalk or finished ground surface is not more than 10 feet above lowest finish grade. b) An elevation 10 feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Item 1 above is more than 10 feet above lowest finished grade. See Figure 2 -1 below. The height of a stepped or terraced building is the maximum height of any segment of the building. • FIGURE 2 -1 2 51 6I I u WI mom B Mr DATUM B Il 2' , � ^� MORE THAN IO'� A 11 LESS THAN 10' CASE CASE II DETERMINATION OF BUILDING HEIGHT IN FEET • -7- (30) 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. • c (31) 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. (32) Car Wash means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor . vehicles. (33) Caretaker Residence means a single - family dwelling unit accessory to an agricultural, professional, ,commercial, or industrial use for occupancy by the owner /caretaker. (34) Certificate of Zoning Review means that certificate issued by the planning department stating that the proposed use of the structure or land conforms to the provisions of this title. (35) Change of Use means a change from one use listed in Table 4 -1 Permitted Land Uses to another use listed in that table. (36) Church means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. (37) City means the City of Yakima. (38) Class (1) Uses are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are permitted on any site in the district provided district standards are met. The building official shall review Class (1) uses for compliance with the provisions and standards of the district. In some cases Class (1) uses may require review by the administrative official. (39) Class (2) Uses are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives of the Yakima Urban Area Comprehensive Plan. (40) Class (3) Uses are those uses set forth and defined in the text and tables of Chapter 15.04 of this title and are generally incompatible with their neighbors because of their size, emissions, traffic generation or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the hearings examiner when he determines, after holding a public hearing, that difficulties related to compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive Plan objectives have been adequately resolved. (41) Class (1), (2), or (3) Use, Approved means any use or development approved upon completion of Class (1), (2) or (3) review. (42) Class (1), (2) or (3) Use, or Development, Existing means a use or development legally existing Cr legally established prior to the effective date of this title has been or would be classified under Chapter 15.04 of this title as a Class (1), (2) or (3) use in a particular district even though the use has not been through Class (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2) or (3) use with an approved modification under Chapter 15.17. (43) Clinic means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. -8- • (44) Communication Tower, means any tower, pole, mast, whip, or antenna, or any combination thereof used for radio or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio service. (45) Communication Tower, Height means the vertical distance above the ground measured to the highest point of the communication tower. (46) Community Center means a facility owned and operated by a public agency or nonprofit corporation, provided that the principal use of the facility is for public assistance, community improvement, or public assembly. (47) Community Water System. See "water system ". (48) Compatibility means the characteristics of different uses or development that permit them to be located near each other in harmony. (49) Comprehensive Plan means the Yakima Urban Area Comprehensive Plan and any supplemental plans officially adopted under RCW 36.70, for the Yakima Urban Area or any portion thereof. (50) 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. (51) Condition(s) of Approval means restrictions or requirements, imposed by a reviewing official pursuant to authority granted by this title. (52) Convalescent or Nursing Home means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. • (53) County means Yakima County. (54) Day means calendar day. (See 15.20.120 for Computation of Time) (55) Day Care Center, Family means any nursery school, preschool, child day care nursery or other structure or premises used for the day care, apart from their parents or guardians, of six or more children twelve years of age or younger. (56) Day Care Center, Mini means any nursery school, preschool, child day care nursry or other structure or premise used for the day care, apart from their parents or guardians, of 1 thru 5 children twelve years of age or younger. (57) 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. (58) Development means "use" as defined by this title. (59) Development Permit means written authorization for development or modification of development as defined in this title. (60) 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: a) Maintain the character of the residential neighborhood; b) Provide compatibility between various types of dwelling units, off - street parking and other uses within the site; c) Share such site amenities as off - street parking, access drives, open space and • recreational faciities. This definition includes the clustering of residential units on a single lot. -9- In the commercial districts, planned residential development means a mixed use development combining multi-family residential and commercial use(s) into a single coordinated project. (61) 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 comdominium 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. (62) 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. (63) Driveway For the purposes of Chapter 15.06, means the required traveled.path to or through a parking facility that is located between one or two rows of designated parking stalls. (64) 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. (65) Dwelling means a structure or portion thereof designed exclusively for residential purposes. • (66) Dwelling, Multiple-Family means a structure or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. • (67) 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: • a) Site built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. b) Modular home: See "modular home". c) Manufactured home: See "manufatured home" and "mobile home". (68) 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. (69) Dwelling, Single-Family Detached means one dwelling unit located on one lot and not attached to any.other dwelling unit. (70) 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". (71) Dwelling Unit means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions of living, sleeping, cooking, eating and sanitation. (72) Earthen Material means sand, gravel, rock, aggregate and/or soil. (73) Environmental Review means the procedures and requirements established by the State Environmental Policy Act Chapter 43.21C RCW as it now exists or is hereafter amended. -10- • (74) Family means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (75) Finding is a conclusion of fact reached by the reviewing official in a review process and based on the evidence available therein. (76) 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. (77) 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 100-year flood. 0 (78) Glare is the reflection of harsh, bright light. (79) 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. (80) 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, stairways, elevator shafts, enclosed porches and fully enclosed recreation areas and balconies, but excluding attic space, mechanical rooms, uncovered steps and fire escapes, private garages, carports, off-street • parking and loading spaces, and basements if the ceiling is less than six feet above the basement floor. (81) 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 does not include homes of this nature for six or fewer persons, excluding houseparents. H (82) Halfway House means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care. (83) Hazardous Material means any substance that is manufactured, stored, used, or disposed of in such quantity or concentration that it is regulated by and requires a site specific permit, license or other approval from the Washington State Department of Ecology, State Department of Social and Health Services, and/or the Environmental Protection Agency. (84) Hearing Examiner means that person appointed by the Yakima City Council and Board of County Commissioners. (85) 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. (86) Home Occupation, Business Administration means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services. -11- • (87) 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. (88) 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. (89) Impervious Surface means, any material which reduces or prevents absorption of storm water into previously undeveloped land., (90) 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 popsible'impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses. (91) Irrigation and/or Drainage Facilities means all irrigation and/or drainage structures, including but not limited to; :.Standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. K • (92) Kennel means a facility for the confinement of more than six dogs, or cats, or other domesticated animals four months of age or older. This definition shall include boarding kennels but not dogs or cats or other animals in pet shops or animal hospitals. • (93') 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. (94) Land means a lot or parcel. (95) Land Use means the Manner in which land and structures are used. (96) Legislative Body means the Board of Yakima County Commissioners or the Yakima City Council, whichever is appropriate. (9i) 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. (98) Lot means a division of land a) having defined boundaries and shown on a final plat or short plat officially recorded in the Yakima County Auditor's Office or b) which is a legally recognized prior division or parcel under the provisions of Yakima County's Subdivision Ordinance (Title 14) or the City of Yakima's Subdivision Ordinance (Title 14). (99) Lot Area means the total horizontal area within the boundary lines of a lot. • • -12- • • (100) 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 thirtyfive degrees. See Figure 2-2. Figure 2-2 -----------------------,. ---1 I 1 ) / caw us... : I NTERJOR-. . I 1...1- • -I I '•,... ....... I • ••■ 1 N 7f .- r 1 1 ..... . L.o I "" - I '''' • "... * i 1 1 : INTER .01 : 1 , 1 1-01" I __I i ■ i , I I -- - - (101) Lot Coverage means that portion of the lot that is covered by structures, and other impervious surfaces. (102) 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. III Figure 2-3 REAR LOT LINE ..._. i ..-- .. —..— i- — .. —L. - — ...- I I LOT DEPTH LA 1 ..a -I I N 1 LOT DEPTH M a . s m I . - 1 LOT WIDTH — s I • FRONT LOT LINE (103) Lot, Inside or Interior means a lot other than a corner lot. See Figure 2-2. (104) 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. (105) Lot Line, Front means, in the case of an interior lot, the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: a) In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except, the building official, or his designee, shall designate the front lot line for corner lots in residential districts. b) For a flag lot, when the access easement or right-of-way extends across the lot, • the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front lot line shall be determined by the building official. -13- Yigure 2-4 INTERIOR LOT LINE - o - cr 0 01 1 (106) Lot Line, Interior means in the case of COMMON OPEN qti. Acc 1 , zero lot line development,-the property / Q C 6 01 L line separating a zero lot line from: , Efkl a) Another zero lot line or b) adjoining A A common open space. (107) 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: a) For a triangular or gore shaped lot, a line ten (10) 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. .b) In the case of a trapezoidal lot, the rear line of is not parallel to the front lot line, and rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. c) 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. (108) _Lot Line, Side means any lot boundary line not a front lot line or rear lot line. (109) Lot, Through means an interior lot having frontage on two streets. See Figure 2- 2. (110) 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. M (111) 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. Manufactured homes are further classified as follows: a) Multi-wide: Have a minimum width of not less than seventeen (17) feet as measured at all points perpendicular to the length of the manufactured home; b) Single-wide: Have a minimum width less than seventeen (17) feet as measured at any point perpendicular to the length of the manufactured home. (112) 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. (113) Mixed Use Development means use of the land or structure for two or more different uses. (114) Mobile Home means a dwelling on one or more chassis for towing to the point of use which does not meet applicable H.U.D. manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coach, recreational vehicles or motor home. (115) 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 (15.04.110) on the same parcel with another mobile home. • • -14- (116) 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). (117) 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. (118) Modular Home means a residential structure which meets the requirements of the Uniform Building Code and is constructed in a factory and transported to the building site. (119) Multiple Building Complex means a group of structures housing separate businesses which share the same lot, access and/or parking facilities. (120) Multiple Occupancy Building means a single structure housing more than one retail business, office, or commercial venture. N (121) Net Residential Acre means 43,560 square feet minus the area in private and public streets, rights of way, and access easements. (See 15.05.030.2 to calculate the maximum number of dwelling units permitted on a site) (122) Noise means an intense sound associated with a use and which is a nuisance. (123) 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. (124) Nonconforming Structure means a structure which was lawful prior to the adoption 4110 or amendment of this title, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located. (125) Nonconforming Use means a use of land or structures which was lawfully established and maintained at the effective date of this title but does not conform to this title for the district in which it is located. (126) Nuisance means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs. (127) Nursery means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: a) Retail nursery: A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. b) Wholesale nursery: A nursery which raises nursery stock for sale to a retail nursery or other business. c) Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. 0 (128) 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. • -15- (129) Off-Street Parking means parking space provided beyond the right-of-way of a highway, street or alley. (130) Open Space means an area of land or water that is substantially free of structures, impervious surfaces and other land-altering activities. (131) 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. P (132) Park means a public or privately owned area with facilities for active or passive recreation by the public. (133) 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 0 to 90 degrees. (134) Parking Bay means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. (135) Parking Space means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. (136) Parking Stall means a clearly marked area in which one vehicle is to be parked, a parking space. (137) Party of Record means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. (138) 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. (139) Planned Development means any rezone to planned development within the Yakima Urban Area approved by the Board of County Commissioners under the provisions of 15.56 of Yakima County Code Title 15 and any rezone to planned development approved by the Yakima City Council under the provisions of Chapter 12.50 of the Yakima Municipal • Code Title 12, as they existed on or before the effective date of this title. (140) Planned Residential Development - See "Development, Planned Residential." (141) Planning Commission means the duly constituted Regional Planning Commission for the Yakima Urban Area. (142) Planning Department means the Yakima County Planning Department or the Department of.Community and Economic Development of the City of Yakima, whichever is appropriate. (143) Preliminary Approval means the contingent approval by the administrative official in Class (2) review prior to final approval. (144) Preschool See "Daycare Center". (145) Private Water System - See "Water System, Individual." (146) Property Owner(s) means the legal owner or owners of the property. (147) 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. (148) Public Water System - See "Water System, Public." • -16- R (149) Recreational Vehicle means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including but not limited to boats, travel trailers, snowmobiles, gocarts, motorcycles and dunebuggies. (150) Recycling Center means a facility where discarded household products such as aluminium and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. (151) Residential Density means the number of dwelling units per net acre of land. This term includes dwelling unit density. (152) Restaurant means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. (153) 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. (154) 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. (155) 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. (156) Reviewing Official means the building and enforcement official, administrative official, hearing examiner, or legislative body, when engaged in any review or approval procedure under the provisions of this title. Reviewing official also includes the planning department when engaged in accepting applications or reviewing administrative modifications under Chapter 15.17 of this title. (157) Rezone means to change the zoning district classification of particular lot(s) or parcel(s) of land. (158) 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. (159) Road, Arterial means a public road designated as a major/principal arterial, secondary/minor arterial, or collector arterial by the transportation element of the Yakima Urban Area Comprehensive Plan. (160) Road, Local Access means a public road not designed as a principal arterial, minor arterial, or 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. (161) Road, Minor Local Access means a local access road maintained by the City or County that serves eight or fewer lots (including interior and exterior lots) and is not, or is not capable of becoming, a through street. (162) Road, Private means a road not designed, built, or maintained by Yakima County, the City of Yakima, the Washington State Department of Transportation or any other political subdivision of the state. This definition does not include driveways. (163) 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. -17- • • Ei (164) 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. (165) School, Vocational means the commercial use of a structure or land for teaching arts, crafts, or trades. (166) 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. (167) 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 20 feet from the front property line. (168) 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. (169) Sewer System, Regional means sewer service provided by a municipality or special purpose district. (170) Sewer System, Community means small, self-contained sewage treatment faciities built to serve developed areas generally found outside public sewer service areas. (171) 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. (172) Sign - See Chapter 15.08 for a complete listing of sign definitions. (173) Site Improvement means any structure or other addition to land. (174) Site Improvement, Required means any'specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions.of this title or which is a part of any site plan approved under the provisions of this title. (175) Site Plan, Detailed means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. (176) 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). (177) Standard, Administrative Adjustment of means a change, either an increase or decrease, in one or more of the development standards in Chapters 15.05 through 15.08 of this title in accordance with the provisions of Chapter 15.10. (178) Standard, General means any standard not capable of precise numerical definition but which express the policies of the community in this title and which may be applied by a reviewing official during Class (2) or (3) review. -18- • (179) Standard, Specific means those numerical standards established in Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. (180) Storage Facilities, Bulk means either enclosed (see warehouses) or outdoor areas designed for the storage of either large quantities of materials or materials of large size. (181) Storage Facilities, Commercial means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. (182) Storage Facilities, Residential Mini-Storage means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. (183) Street means public or private road. (184) Structural Alteration means: (1) Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters, or (2) any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. (185) Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. (186) 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. T (187) Tavern means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. (188) Travel Trailer means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which moves upon public streets and highways and is thirty-five feet or less in length and eight feet or less in width. LJ (189) Urban Area means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima Urban Area Boundary established in the Yakima Urban Area Planning Agreement and adopted in the Yakima Urban Area Comprehensive Plan as amended. The boundary and legal description of the Yakima Urban Area is set forth in section 15.01.020 of this title. The Yakima Urban Area is that area where growth is expected to occur to the year 2000 and is the area in which urban level public services can be most economically provided. (190) Urban Services include but are not limited to public water and sewer lines, neighborhood parks, streetlights, police and fire protection. (191) Use means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. (192) Use, Class (1), (2), (3) - See Class (1), (2), (3) use. -19- (193) Use District means a portion of the Yakima Urban Area within which certain'uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space 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 "zoning district". (194) Use, Modification of - See "Modification of Use or Development". (195) Use, Principal means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. (196) Use, Temporary means a use established under section 15.04.100, for a fixed period of time with the intent to discontinue such uses upon the expiration of the time period. • (197) are those businesses, institutions, or organizations which use pipes or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public. (198) 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. v (199) 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. (200) Veterinary Clinic - See "Animal Hospital". (201) Vision Triangle means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See section 15.05.040). w • • (202) Warehouse means a structure used for the storage of goods and materials. Also see "Agricultural Building". (203) 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. (204) Water System means any water system or water supply used for human consumption or other domestic uses. This definition includes the source, treatment, storage, transmission and distribution facilities. Water systems are further classified as follows: a) Public water system: The water systems operated by the City of Yakima, the City of Union Gap, Country Club Water Company and Nob Hill Water Company or any Class (1) water system as defined in WAC 248-54-560. -20- • water system: A water s having 2 through 99 b) Community y y g permanent g p services . (Class 2,3,4 water systems - WAC 248 -54 -560). c) Individual water system: A water system serving a single structure - generally • a private well. (205) Wholesale Trade means those uses primarily engaged in the sale of merchandise to retailers; to !industrial, commercial, institutional or professional business users; • or to other wholesalers. i (206) Yard means an open space, other than a court, on the same lot with a structure. (207) 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. • (208) 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. (209) Yard, Side means an open area between the side wall line of the structure and the side line of the lot. • (210) 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. • • -21- CHAPTER 15.03 ZONING DISTRICTS Sections: 15.03.010 Purpose. 15.03.020 Establishment of Zoning Districts. 15.03.030 District Intent Statements. 15.03.040 Map of Zoning Districts. 15.03.010 Purpose. The following zoning districts are established to protect the public health, safety and general welfare by implementing the goals and policies adopted in the Yakima Urban Area Comprehensive Plan. 15.03.020 Establishment of Zoning Districts. The following zoning districts are hereby established: Residential Districts - Suburban Residential District (SR) - Single-Family Residential District (R-1) - Two-Family Residential District (R-2) - Multi-Family Residential District (R-3) 1111 Commercial Districts - Professional Business District (B-1) - Local Business District (B-2) - Historical Business District (Ho) - Small Convenience Center District (SCC) - Large Convenience Center District (LCC) - Central Business District (CBD) - CBD Support (CBDS) Industrial Districts - Light Industrial District (M-1) - Heavy Industrial District (M-2) Overlay Districts - Airport Overlay District (AD) - Floodplain Overlay District (FP) - Greenway Overlay District (Go) 15.03.030 District Intent Statements. The district intent statements define the specific purpose of each district. They shall serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the reviewing official interpret the standards and provisions of this title. -22- .1 Suburban Residential District (SR) - The intent of the Suburban Residential • District is to provide a variety of residential lifestyles with densities generally ranging from two units per net residential acre to seven units per net residential acre. The higher densities are permitted when a public water ; system and the regional sewer system are used, or if these utilities are not available, when community water and sewer systems are provided. This district is further intended to: a) Limit residential density to one unit or less per net residential acre in areas where flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities; and • b) Maintain surface and groundwater quality and avoid potential health hazards by limiting residential density to two units or less per net residential acre, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks; and c) Provide the opportunity for suburban residential development, up to three dwelling units per net residential acre, in areas with either public/community water service or a community sewer system; and d) Allow residential development to seven dwelling units per net residential acre in ' areas with both public/community water service and an approved community sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low density residential development and clusters of higher density residential development. The minimum lot size in the district varies, according to the suitability of the land for development and the provision of, level services. .2 Single-Family Residential District (R-1) The Single-Family Residential District is intended to: a) Establish and preserve residential neighborhoods for detached single family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and b) Locate moderate density residential development, up to seven dwelling units per 1111 net residential acre, in areas served by public water and sewer. Detached single-family dwellings are the primary use in this district. The district is characterized by 45% lot coverage; access to individual lots by local access streets; large front, rear and side yard setbacks; and one and two story structures. The density in the district is generally 7 dwelling units per net residential acre or less. However, development exceeding seven dwelling units per net residential acre, may be allowed as a Class (3) use in accordance with Table 4-1. This higher density development shall be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima Urban Area Comprehensive Plan. Public water, sewer and other urban services are generally available throughout the district. .3 Two-Family Residential District (R2) The purpose of the Two-Family Residential District is to: a) Establish and preserve residential neighborhoods for detached single family dwellings, duplexes and other uses compatible with the intent of this district; and b) Locate residential development with densities up to 12 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 50% lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, • -23- • and large front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from 7 to 12 dwelling units per net residential acre. However, development up to 18 dwelling units per net residential acre may be allowed as a Class (3) use in accordance with Table 4-1. This higher density development shall be allowed only on those limited occasions when, after Class (3) review, the hearings examiner finds that the location and site plan of the project is such that the higher density would ' be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima Urban Area Comprehensive Plan. .4 Multi-Family Residential District (R-3) The Multi-Family Residential District is intended to: a) Establish and preserve high density residential districts by excluding activities not compatible with residential uses; and b) Locate high density residential development, more than 12 dwelling units per net residential acre, in areas receiving the full range of urban services; and c) Locate high density residential development near neighborhood shopping facilities; and d) Locate high density residential development so that traffic generated by the development does not pass through lower density residential areas. The district contains a variety of attached or clustered multi-family dwellings. .5 Professional Business District (B-1) The Professional Business District is intended to: a) Establish and preserve areas for professional offices; and, b) Provide a buffer between commercial clusters and residential neighborhoods; and, c) Locate professional offices in areas presently receiving a full range of urban services. • Professional offices and, in some areas, a mix of professional offices and multi- family dwellings are the primary uses in the district. Residential densities are generally greater than 12 dwelling units per net residential acre. Building coverage may be as high as 80 percent of the site since sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high density residential development and office uses. .6 Local Business District (B-2) The purpose of the Local Business District is to: a) Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b) Accommodate small scale commercial uses requiring high visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. .7 Historical Business District (HB) The purpose of the Historical Business District is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to allow structural expansion, or expansion of the use onto 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 which serve the immediate residential neighborhood. .8 Small Convenience Center District (SCC) The purpose and intent of the Small Convenience Center District is to: a) Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b) Accommodate small commercial centers, generally 3-10 acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot. -24- • Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize the undesirable impacts of the center and 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 a supermarket and drug store.' .9 Large Convenience Center District (LCC) The purpose and intent of the Large Convenience Center District is to: a) Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b) Accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. New large convenience centers will generally be greater than 10 acres in size, and may be permitted when they demonstrate that they will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. .10 Central Business District (CBD) The purpose of the Central Business District is to preserve the central business district of the City of Yakima as the region's center of commerce, 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, professionalbuildings and government offices. .11 CBD Support District (CBDS) The purpose of the CBD Support District is to accommodate wholesale and retail activities with some high density residential development. This district is primarily located near the Central Business District and along the major arterials leading to the Central Business District. Like the CBD District, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD District. .12 Light Industrial District (M-1) The intent of the Light Industrial District is to: a) Establish and preserve areas near designated truck routes, freeways and the railroad for light industrial uses; and b) Direct truck traffic onto designated truck routes and off residential streets; and c) Minimize conflicts between uses in the Light Industrial District and surrounding land uses. The Light Industrial District provides areas for light manufacturing, processing, research and wholesale trade, storage and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor or fumes that would constitute a nuisance or hazard. .13 Heavy Industrial District (M-2) The intent of the Heavy Industrial District is to: a) Establish and preserve areas near designated truck routes, freeways and the railroad for heavy industrial uses; and b) Direct heavy truck traffic onto designated truck routes and off residential streets; and c) 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. • -25- • .14 Airport Overlay District (AD) In addition to the regulations of the principal use district, the Airport Overlay District includes propisions for: a) Preserving land adjacent to the Yakima Airport for future commercial and industrial development; and b) Assuring that land uses locating near the Airport are compatible with noise and other impacts from the air-port operation. .15 Floodplain Overlay District (FP) In addition to the regulations of the principal use district,the Floodplain Overlay. District includes provisions for: 1) Restricting or prohibiting uses which may cause dangerous increases in erosion, flood heights or flood velocities; 2) Requiring that uses vulnerable to floods, and facilities which serve such uses, be protected from flood damage at the time of initial construction; 3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate or channel flood waters; 4) Controlling filling, grading, dredging, and other development which may increase flood damage; 5) Preventing or regulating the construction of flood barriers which will divert flood waters or which may increase flood hazards in other areas. 6) Implementing the Yakima County/City Shoreline Master Program. The purpose of the Floodplain Overlay District is to minimize public and private losses due to flooding. The specific provisions of this district are intended to a) Protect human life and health; and, b) Minimize the expenditure of public money for flood control projects; and, c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with public money; and, • d) Minimize damage to public facilities and utilities such as water lines, sewer lines, and streets; and, e) Protect river, creek and stream channels from encroachment so that flood heights and flood damage will not be appreciably increased; and, f) Ensure that potential buyers are notified that property is in an area of special flood hazards; and, g) Ensure that those who occupy flood hazard areas assume responsibility for their actions; and, h) Implement the National Flood Insurance Program. .16 Greenway Overlay District (GD) The Yakima River Greenway Plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. In addition to the provisions of the principal use district, the Greenway Overlay District includes provisions for: a) Making the Greenway more attractive and accessible to the public; b) Assuring development conserves shoreline vegetation and controls erosion; c) Implementing the Yakima County/City Shoreline Master Program and the Yakima River Regional Greenway Plan; d) Limiting development to these activities which are particularly dependent on a location in the Greenway; e) Preserving and protecting the fragile natural resources and culturally significant features along the Greenway; f) Increasing public access to publicly owned areas of the Greenway where increased use is desirable; g) Protecting public and private properties from the adverse effects of improper development in hazardous shorelines areas; h) Giving preference to uses creating long term over short term benefits. -26- • • 15.03.040 Map of Zoning Districts. .1 Adoption, Changes, Filing, Replacement The zoning districts established by this title are defined as shown on the official zoning map for the Yakima Urban Area. The official zoning map, together with all the explanatory material thereon, is adopted by reference and declared to be a part of this title. The official zoning map for the unincorporated portion of the Yakima Urban Area shall be maintained in the Yakima County Planning Department. The City of Yakima Office of Community and Economic Development shall maintain the official zoning map for that portion of the Yakima Urban Area within the Yakima City limits. Each official zoning map shall be identified by the signatures of the legislative body having jurisdiction and the date of adoption. The official zoning map maintained by the County/City shall be the final authority as to the current zoning status of land. Any changes in the district boundaries established by this title shall be made in accordance with the provisions of this title. The official zoning map shall be promptly changed after the amendment has been approved by the legislative body with jurisdiction. No changes of any kind shall be made on the official zoning map except in conformance with the procedures of this title. Any unauthorized change by any person(s) shall be considered a violation of this title and punishable as provided under Chapter 15.25. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the legislative body may, by resolution, adopt a new official zoning map which shall supercede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. .2 Basis for Mapping the Floodplain District, Warning and Disclaimer of Liability The Floodplain Overlay District shall be that area within the 100-year floodplain shown in Zones A-A30 of the Federal Flood Insurance rate maps for the City and County. Consult the flood insurance rate maps for the location of the overlay district. This title does not imply that land outside the floodplain district (areas of special flood hazards) or uses permitted within the district will be free from flooding or flood damages. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This title shall not create liability on the part of County/City or any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder. • -27- CHAPTER 15.04 PERMITTED LAND USES Sections: 15.04.010 Purpose. 15.04.020 Land Use Classification System. 15.04.030 Table of Permitted Land Uses. 15.04.040 Unclassified Uses. 15.04.050 Accessory Uses. 15.04.060 Yard Sales. 15.04.070 Caretaker Residences. 15.04.080 Swimming Pools. 15.04.090 Home Occupations. 15.04.100 Temporary Use Permits. 15.04.110 Temporary Hardship Unit Permits. 15.04.120 Placement of Mobile/Manufactured Homes in Residential Districts. 15.04.130 Placement of Communication Towers. 15.04.010 Purpose. For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and other land uses that, regardless of site design, are not consistent with the intent or character of the 4110 district. The purpose of this chapter is to establish the degree to which each land use is permitted in each district and establish the appropriate level of review for each land use in terms of the specific standards and requirements of each district. 15.04.020 Land Use Classification System. Land uses within each zoning district shall be classified into four principal categories as follows: .1 Class (1) - Class (1) uses are permitted on any site in the district provided that district standards are met. The building official shall use the procedures in Chapter 15.13 to review Class (1) uses and associated site improvements for compliance with the provisions and standards of the district. .Class (1) uses require Class (2) review when: i. Structural or other physical site improvements are proposed or required by this title, and the use has frontage on a designated collector or arterial road. Single-family dwellings, duplexes, and their accessory structures are exempt from this provision; or ii. All or part of the parcel proposed for development is in the Floodplain, Airport or Greenway Overlay Districts; or iii. The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15.10.020; or iv. Access to the development will be by private road; or v. The proposed use includes hazardous materials. .2 Class (2) - Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance and occasionally a Class (2) use may be incompatible at a particular location. Therefore, Class (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima Urban Area Com- prehensive Plan. The administrative official may approve, deny, or impose conditions on the proposed use and site improvements. • The procedures in Chapter 15.14 shall be used to review and evaluate Class (2) uses. -28- • .3 Class (3) - Class (3) uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after Class (3) review and public hearing. The hearing examiner may approve, deny, or impose conditions on, the proposed use and site improvements to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima Urban Area Compre- hensive Plan. The procedures in Chapter 15.15 shall be used to review and evaluate Class (3) uses. .4 Uses Not Permitted - Uses listed in"Table 4-1 and not classified (1), (2), or (3) in a particular district, are not permitted in that district. When two or more uses are proposed in the same project, the entire project shall be subject to the lever of review required by the highest classified use. Class (3) uses being higher than Class (2), and Class (2) uses being higher than Class (1). 15.04.030 Table of Permitted Land Uses. Table 4-1 titled "Permited 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. Uses permitted in a particular district, and covered by an overlay district, shall be subject to the next higher level of review. All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. 15.04.040 Unclassified Uses. Any use not listed in Table 4-1 is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use. The hearing examiner shall follow the provisions of Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. • 15.04.050 Accessory Uses. An accesory 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. 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. 15.04.060 Yard Sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met: a) Only two (2) yard sales per dwelling' unit per year shall be allowed; and b) Each yard sale shall not exceed three (3) days in duration. 15.04.070 Caretaker Residences. Caretaker residences, including dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory uses to commercial and industrial uses in the CBD, CBDS, M-1 and M-2 districts. 15.04.080 Swimming Pools. Swimming pools are permitted as an accessory use to: Dwellings, hotel/motels, boarding houses, retirement homes, and other residential uses; schools, and recreational facilities when all of the following provisions are met: .1 Setbacks Front Yard: The swimming pool, apron, and pump house meet the required front yard setback in Table 5-1. Side and Rear Yard: The swimming pool and pumphouse are setback at least three feet from the property line. The swimming pool apron may extend up to the property line. From an Easement: The swimming pool, apron, and pumphouse may extend up to, but shall not encroach upon, an easement. .2 Fencing - The area around the pool is enclosed by a protective fence not less than four feet in height. 1110 -29- !III 4110 4111 TABLE 4-1 TABLE OF PERMITTED LAND USES • • - - " - .---• .., • L .1 , . t , . . . . , f . . . ..., " ' . . , ""- . - .. .: . ' . 1 ■•• ,. 1 . . , , . ,.,, r . , _ ... . . .., :,.... ..., . . . - ,,,.., _ A ,,,,,' ,,,,,,,. .. .. - . ;.' , , , .. .,,,. . , , LAND USES ZONING DISTRICTS I 1 I Class (1) Permitted Use (See Note 1 and 2 below) SR R1 R2 R3 B1 B2 BB SCC LOC CBD CBDS 141 M2 E-4 a4 F21 Class (2) Requires Review and Approval by the c) . .a., Administrative Official (See Note 2) <4 <4 <4 H <4 Z .--1 C.) c.) cn a a 1-1 -..c H I-1 0 •• Z Z <4 <4 [ 3 I Class (3) Requires Public Bearing and Approval Z E-4 rr4 E.-1 H E.4 <E- H on : c.n. c..) 00 r..4 r.T.1 WE-I c0 E ,. Z 1 Z Z 4-4 Z c.f cil co HCl) H H ,_.)cil c.) ,1 co r.,.) Z Z by Hearings Examiner ffl 'A '1 '41 f, 'r 41 r%' r-4' 1 ,..A ( Mil MN Og g '' g Et EL F' ')4 H OH 1 H E-4-4 44 t--I .74 H E-4 H ...) ›E-4 Q H E-41-1 FA H H H p.4 i,__■ i--- Z I Nat Permitted cA co Z co 0 cr) ,--I Er) CD v) 0 ci) c.r) En zzp4 zz Zcnc.n Z up En Z41 Hrza 41 pw r=4 c:)•Hi or.7.14..c OW 41ZHcr2Z1-1 HZ 44 Z cr) c.r) El .04 Z P-I 1):1 .4 gl Z 1):1 ci) 00 .J C.)c.) C.)P1 c.) PI PI ■ p'311 ; AGRICULTURAL (CallaCIAL) 1 AtTICITETUItr— Agriculture, Horticulture, General Farming (not feedlots and stockyards) 1 . . 1 1 III Agricultural Building(15.o2.o20(6)) 1 1 1 , Agricultural Market (15.02.020(7)) t I 1 1 : 1 1 1 , 1 Agricultural St and (15.02.026(9)) .IIIMIEIIINIIIIIIIIIIIIIIMIIIIIIIII 1111111111111111111111111111fflt ■ .020(8)) Agriculturally related industries (15.02 1:112111•1111101MUNIUMMIIIIIIIIII IMBEIIIIIIII L., ., AL Husbandry 6.3 DU/Gross Acre 4 (See Footnote 4)(15.02.020(13)) IIIIIIIIIIIIIIIIIIIIIMIIIIIIIIMIIIIIHIMI i >3 DU/Gross Acre I OR* Concentrated Feeding Operation Floriculture, Aquaculture •11111111111 . 111111111r ' AMDSEMEI\IT AND RECREATION 1 AMUSEMENT AND RECREATION Bawling Alleys 1 1111111111111111111111111111 1 IIIIII Campground (15.02.020(31) [ 2 Drive In Theatres I 111111 1 .111 1111 1111111111111111111111111111; Fairgrounds Game roams, card rooms, electronic game rooms 1 Golf courses, clubhouses, golf driving ranges 111111/1111111111 111111111111111111111111 Gymnasiums, exercise facilities IMMINIIIIME IEMIIIIIIIIOIIIIIIIIIMIHIIEIIRMUIM NOTES : 1. See section 15.04.020.1 (i-v) since Class (1) uses may require Class (2) review under certain conditions. 2. ALhigher level of review will be required if the use or development is in an overlay district, see section 15.09.020. 3. (15.02.020.5) refers to definition in Chapter 15.02. 4. Dwelling units/gross acre means the number of dwelling units within 300 feet of the perimeter of the parcel upon. which the animals are to be located divided by the total area with this 300 foot boundary incl.wling the subject parcel. • TABLE 4-1 TABLE OF PERMITTED LAND 'USES . . . ZONING DISTRICTS ,• LAND USES .61.1 1 ,...‘ , ' . PIPIPIIPIPER 10 1111m2.- , • 1/4 A A. . .A. HB .A. _..0 IN.) CBDS Miniature golf courses .: . tmiumaimumnmmlnmmlmmmtaunm: Movie theatres, auditoriums, exhibition halls 111111111111111111111111111•111111111111111111111113111111111110111MINIEUME Parks: (15:02.020(33) 11111111EMEIMINESILIIENIUNKINIEMEMMEIL Roller Skating Rink 1111111111111111111111111111111111111111111 ,:ile 1 SERVICES - • - I ' CaIMUNITY SERVICI'S .: Cemetery • . . IIIUMBIIIIIIIIIMMIIINIIMIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIMEW ''. Churches, synagogues, temples (15.2420(36) INI1131111111111111111111EIMIMER 11111111EMEN111 Community Centeri.02.020(46)neeting halls, fraternal organizations 111011U111MEMMIIIIMME11111111111111111111• Convalescent, or nursing home and group homes (15.02.020(52)) lagnagingiuggignEimummagsmount Crematories, mausoleums and columbariums 111111111111111111111=111111111111011111111M0101111111111111111111 4 Da .Care centers: Mini: (3-5 children) .(15.02.020(56)) IIEIIIEIUIIEIIMMIEIIIIIMIIEMIIIIUIIIIUINUIIIIIIIIIIU Family (6 or more children) (15.02,020(55)) IIUHEIIEIIIIENEHIEIIIEIIIIEIIIIIIEIIEIIIMEIIINIIIIIIII Detention centers - Fire stations, police stations and ambulance service 111111111111111111111111111/1111111111W Funeral homes 11131111111111111111111111EMIIIIM y .00(8)) EMMINIMIMEMENNE , w Halfway houses (15.0222 J • IIEIEIIMEIIIIEIIIIINIIIIMIMIIIIIIIIMIIIEIIIEIIEIIIII , Hospitals (15.02.020(88)) 111111=111111MEIMMINIMIUMINIMINEINIEMIllt Junior or cannunity colleges Libraries Libraries I Aseums, art galleries • 1.111111111111111111111111111111 1 Schools: Primary and Elementary (15.02.020(164)) Junior and Senior High , Vocational Schools (15.02.020(165) Storage of gravel and equipment for street construction IIIIIIINHIUIIIIIIIIIIIIII ...............................„ , . ACTURING I MANUFACTURING MASS PRODUCTION) Aircraft parts I . Apparel and accessories 1 3 KNEW Bakery products (wholesale) .I, - 1111111111111111111111111111MIEMIEMKOMMEIt Beverage industry 11111111111.11.1111101.111.1111.111111.11.111MMImmita Canning, preserving and packaging fruits, vegetables and other foods 11111111.1111111111111111111 IIIIIIIIIIII mingiallt 11111 . . .. , , . . ... . .,... . ....,,. „..,... . _ . , . ... ... , NOTES: , I. See section 15.04.020.1 (i-v) since Class (1) uses may require Class (2) review under certain conditions. 2. A higher level of review will be required it the use or development is in an overlay district, see section 15.09.020. • ' 3. (15.02.020.5) refers to definition in Chapter 15.02. 4. Also see mini day care and fa dly day care under home occupations. '. . . 111/1 • 11111 11111 . • ill s • T III ABLE 4 -1 . TABLE OF PERMITTED LAND USES LAND USES ZONING DISTRICTS • SR R1 R2 III Bl B2 BB SCC LCC CBD CBDS Ml M2 Cement and concrete plants 3 1 Chemicals (industrial, agricultural, wood, etc.) 3 1 ' Concrete, gypsum and plaster products 1 1 Confectionery and related products (wholesale) 3 2 1 1 1 1 (] hand tools and general hardware 1 1 Product assembly 1 1 Drugs 2 1 1 Electrical transmission and distribution equipment 1 1 Electronic components and accessories 1 1 Product assembly 2 1 1 Engineering, medical, optical, dental and scientific instruments 3 1 1 Product assembly 2 1 1 Fabricated structural metal products 1 1 '. Food processing 2 1 1 Purniture and custom cabinet shops _ 3 1 1 '' N Product assembly 2 1 1 3 1 Glass, pottery and related_ products 3 1 1 Product assembly 1, 2 1 1 Grain mill products E 3 1 1 Heating apparatus wood stoves 1 1 u • Leather products 3 1 1 Leather tanning and finishing 1 1 Machinery and equipment 1 1 1 Meat, poultry and dairy products 111111 2 1 1 Metal cans 3 1 Paints, varnishes, lacquers, enamels and allied products 3 1 Paperboard containers and boxes 3 1 1 Plastic products 1 1 Product assembly 2 1 1 Prefabricated structural wood products and containers 1 1 Printing,__publishing and binding 3 3 3 3 1 3 1 1 Printing trade (service industries) • 2 11.11rinini 1 1 Rendering plants, slaughter houses I ` Rubber products 3 1 1 _ NOTES: - 1. See section 15.04.020.1 (i -v) since Class (1) uses may require Class (2) review under certain conditions. 2. A higher level of review will be required if the use or development is in an overlay district, see section 15.09.020. 3. (15.02.020.5) refers to definition in Chapter 15.02. • TABLE 4-1 TABLE OF PERMITTED LAND USES Zs N I T LAND USES MN PI I • • MI t PIHRIMPAII_• MI log init. PIIIPII0 Sawmills and planing mills IIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIMIIIIIIIIIMIIIIIIIIIMIIIIMIIIEANML Sheet metal and welding shops 1111111111111111111.1111111111111■111•1111111•1111111011111111111111, Stone products (includes finishing of monuments for retail trade) 11.111111111111111111111111111111111111111111•11111111111=11EIMMOM Transportation equipment, including trailers and campers 1111.11111111111111111111111111111111111.1111111111111111111111=11111111111 INNIIIIMiliiii111111111111111111111111111111111111•111•11•1=11111111111•111111111M IIIMIIIIIIIIIIIIIIIIIIIIIIIMNINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LINING REFINING I MINING NN 1 IY Asphalt paving and roofing materials, rock crushing 101111•11111111111=111111MMIIIIIIIIIMMIIIIIIIIIIIIIIIIM ' Mining including sand and gravel pits (15.02.020(112)) 1W1 llill.11111111111111111111•1111•1111111111111111111111111111111111113111 Any grading, leveling, excavation or stockpiling of earthen materials IIIMIMIIMIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIII IIMIMIIIII. not associated with an approved class (2) or class (3) use IIERIBEEIMUILIMIMILIIIIIIMIUMEIMILII1011 -,1-ZESIDEWITAL 1 RESIDENTIAL Detachal_single family dwelling (15.02.020(69)) IIHIIIILMIEIMIIIIIIUIUIIIIIIIIIIIIINNNIIIIIIMIIIIIIIIIIIMIII Detached single family dwelli : (zero lot line) ( 15.02.020(210)) IIEIIIIEIIIIIEMIIIEIIIEIIIIIIIIEIIMINIIIIINIIIIIIIIIIIIIIIIIMIIIIII , . „., I Attached single family ci11 * : ( COITITt11 wall) (15.02.020(68)) 1 TWo family dwelling (duplex) (15.02.020(70)) UAEIIIIENIIIEUEIIIIIIIIEIIUIMIIIIIIIMIIIIIIIIIIIINIIININ Multi-family dwelling: 0-7 EU/NRA (15.02.020(66)) 111111111131 IWIIIOIIIEIIIIIIIIHIEIIIIIINIIIIIIIIEIIIHIEIIIIIIMIIII 7-12 DU/NRA IIIIIIIIBIIIMMIIEIIIIUIIIMIIIIEIIIIIIIIIIIMIIIIAIIIIMIIIIIIIIIIIIIIII 12-18 DU/NRA IIIIIMIIIIIIIEIIIIIIOIIIEIIIIIIIIIIIIIIMIMIIIEIIIIEIIMIIIIIII 18< DU/NRA IIIIMINIIIIIIILIIIIIEIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIOEIIHMIIIII , Planned Residential development: 0-7 DU/NRA (15.02.020(60)) 1113111112111111MEMENUIMEINEMENIMINIIIM 7-12 DIVNRA 111111111111EIMEINE1111311111111110111111112111111E1111111111111 12-18 DU/NRA 1111•11111111113111111911MUMME1111121111118111111E1111•1111 18 < DU NRA 111111111111=111111111111111ERMIUMUNIMIKIMINIMII ' Mobile home parks (15.02.020(115)) IIIEMIBIIMIIIIIIIIEIIIOIIIINIIIIIHIMIIIIIINIMIIIIIIEIIIIIIIIIS Mobile halietis.o2.020 (114) or manufactured homes (1s. 02.020 (111) ) I See Section 15.04.120 Boarding house (15.02.020(24)) 1111111113111E1111111111[1111•11111111111111•111110•111E1111111111= -.! Retirement homes (15.02.020(155)) IIOIIIIEIIIEEIIEIIIIERIIIIIIIIIIIIIIIIIIIIIIIIIEIIIIIIEINIIIIIINII -Temporary hardship units (see 15.04.110) 1,11111112111EMEMIERMIEMUNIEWRIMEIN 1.1111111•111111111111111•11111•••=111=11 Illt NU1ES: 1. See section 15.04.020.1 (i since Class (1) uses may require Class (2) review under certain conditions. 2. A higher level of review will be required if the use or development is in an overlay district, see section 15.09.020. 3 . (15.02.020.5) refers to definition in Chapter 15.02. • • • TABU l TABLE OF PERMITTED LAND USES 41 ZONING DISTRICTS LAND USES mil �:i�A:r• IPIII PON1111 11.11 Mal I u�'15i TRADE AND SERVICE (. RETAIL TRAD SERVICE Addressing, mailing and stenographic services 1 1 2 1 Advertising agencies IIIIIIIIIHIIIIIIIIIIII®IIM®IILII ® ®MIMIIM— Animal clinic /hospital (15.02.020(12)) Antique stores ® ® E Artist's supplies MI Automobile, truck, manufacturod home and travel trailer sales Automotive: Car wash (15.02.020(32)) ill Oaunercial parking lots and garages Maintenance and service shops 111M1111111111111111111111111 111111111=11011111111111111111111Mill Paint and body repair shops IIIIIIINIIIIIIIIIIIIIIIIIIIIEIIIIIIIIIEIIIIIOIUIIIIIIEMIEIIIFIII Parts and accessories (tires, batteries etc.) 11111111111M111111111111111110 IHNIEMI1101111111E111111111 Special i zed repair shops (radiator, engine, etc.) IIS-NIII-EI ©NIIU©IIIII®IIIEIII® ©'£ Towing services IMO= 1111111111111111111•11=111111 1 1EINEll t Wrecking and dismantling yard (15.02.020(21)) ����--�_ ®-�_ ®� Bakery Beauty and barber shops 1 1 _ AIIUIIIIIIUI I Boats and marine accessories Books, stationery, office supplies 1 Building and trade (e.g. plumbing, heating, electril , painting, etc.) I m--©immmi ® ®men; Butcher shop (15.02.020(30) 1 -111111---0WIIII®EIIII® ©IIIIIIII: Camera stores and photographic studios 111.11111111=11.111111111111111 ! 11•11111111= ` Candy store 3 1 2 1 1 1 1 Clothing and accessories 2 2 2 1 1 1 Coin and stamp shops 1 2 1 1 1 1 '. Cone nT1ication towers See Section 15.04.100 Canputer and electronic stores IIII----IILI ® ® ® ® ®_IIII Delicatessen 11111111111111111111MUMEIMIMMEIMIHIMM Department, discount, variety stores; NNIMIIIIIIIIIIIIIIIIIEIIIEIIIIIEIN ® ®MMMIIIIIM Drug stores (optical goods, orthopedic supplies) ;�■■.��� z Employment agencies (private) NI 4 Fabric store 1111111111111- 11111.11®11111= ©111111111`' NOTES: 1. See section 15.04.020.1 (i -v) since Class (1) uses may require Class (2) review under certain conditions. 2. A higher level of review will be required if the use or developmeat is in an overlay district, see section 15.09.020. 3 • (15.02.020.5) refers to definition in Chapter 15.02. .. . - T ABLE 4-1 , TABLE OF PERMITTED LAND USES . . ZONING DISTRICTS • LAND USES " • MIN - SR R3 B MI HB PRIM IIT, _ Mk,.. ROIMW*I 0111111 ,.. _ Farm and implements, tools and heavy construction equipment Farm supplies • Financial institutions Food store, specialty 11111 , Fuel, Oil and coal distributors Furniture, home furnishings, applicances 111111111111111111MMII E1.1111111111111111111111MM General Hardware, garden equipment and supplies 11111111111=1101111111111111611112111111111111111111111111111111111111111111 Grocery/convenience store: closed 10:00 p.m. to 6:00 a.m. 111111=1111111111111111111111EMBIMUME111111=131111111 open 10:00 a.m. to 6:00 a.m. Heating and plumbing equi 1 pment stores I IN 1111111111111111111111111111111111111111111111111111111 • , Heavy equipment storage, maintenance and repairs I" Insurance agents, brokers and service agencies ill 111111 Jewelry, watches, silverware sales and repair . Kennels (15.02.020(92)) :.. ! 11111 111111 Laundries, lanndromats and dry cleaning plants [ Liquor stores 1.11.111111111.111111111111111113111=1E111111111= 1111.111, Lumber yards IIIBMIIIIIMIMIIIIIIIIIEIIIIIIHUIIIIIIIIEIIHIEIIIIMIM Medical and dental laboratories, offices and clinics 1•11=1111111111131111011111111111111111111111111111= 11121111111: Motels and hotels ISIMINIIIIIIIIIIIIIIEIIIMIIIIIINIIIEIIIMIIMIIIIJIMIMIIII i Motorcycles sales and repair (including maintenance, repair and parts) EIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImmillummit Misic stores 111111=11111111111111111111111911111110111111911111101111111111111111111111. Nursery (15.02020(127)) 11131111111111111101•11=101111■11111111111111111111111111111111111111111 Outdoor advertising (billboards) . See Section 15.08.130 Paint, glass and wallpaper stores . . 1 1 1 1 1 : Pet stores, pet supplies and dog grooming - 1 1 1 . 1 1 . , Printing, photocopy service , 1 1 1 1 ' 1 1 1 1 Professional office buildings for architects, attorneys, goverment, etclimlimmummulignoinumoimmon 11111 i; Real estate offices . 1 III" 111111 Recycling center (15.02.020(150)) : . Rental: auto, truck and/or trailer; fleet leasing services 11111 Ill 111111111116 heavy equipment (except automotive) MIIIIIIII1111111111.111111111111111=111111n111 small tools, lawn/garden equipment, sporting goods, etc, 111111111111.11111111111111111111111111111111111.11111111111.11 Norli: — — " 1. See section 15.04.020.1 (i-v) since Class (1) uses may require Class' (2) review under certain conditions. 2. A higher level of review will be required if the use or development is in an overlay district, see section 15.09.020. 3. (15.02.020.5) refers to definition in Chapter 15.02. , . Aft 1111. . • II/ � i TABLE -1 TABLE OF PERMITTED LAND USES ZONING DISTR LAND USES y PlINIMINPOPIII 1141111Plon, u u Y PM Repairs: small appliances, IV's, business machines, watches, etc. 111 1111-M 1 .2 1 1 1 1 0�, locksmiths and gunsmiths 1 2 1 1 1 1 ME re- upholstery and furniture 3 1 1 1 small engine and garden equipment 3 1 1 1 1106111111[ Restanranrs, cafes and drive -in eating facilities (15.02.020(152)) 1 1 1 1 ri Service station(15'.02.020(166)closed between 10:00 p.m. and 6:00 a.w. ����® 2 3 1 1 1 1 o.- between 10:00 ■.m. and 6:00 a.m. 3 3 2 1 1 1 IIIII Shoe Repair and shoe shine shops -® -Q 2 1. 1 1 1 2 ®,; Signs SEE CHAPTER 15.08 Sporti�n goods, bicycle shops . - 1 2 1 1 1 1 Taverns and bars, dine, drink and dance establishments (15.02.020(187)) 3 2 1 1 1 1 Toys and hobby stores 2 1 1 1 1 Truck service stations and stops 3 1 1 1 Waste material processing and junk handling (15.02.020(203)) 3 3 1 c, : BANSPORTATION T 1' ` '' • ON &is terminals, storage and maintenance facilities 1 1 1 1 Contract truck hauling, rental of trucks with drivers 1 1 1 Air, rail, truck terminals (for short -term storage, office, etc.) 3 1 1 Railroad switch yards, maintenance and repair facilities, etc. 1 1 Taxicab terminals, maintenance and dispatching centers, etc. 3 1 1 1 3 Airport landing field -__- -- . IBM' • IIMIIII 1111111.11. MOM • ILITTES UTILITIES Power generating facilities 3 1 Utility services (substations, etc.) 3 3 3 3 I 3 3 3 3 3 1 1 1 = JH01 ESALE TRADE - STORAGE • WHOLESALE = TRADE _.. Warehouses (15.02.020(202)) I= -- 3 1 Q 1 Wholesale e trade 11111 .11 2 3 1 1 1 Storage e facilitit ies: bulk (15.02.0'20(18W) 1 1 commercial (15.02.020(181)) 3 2 2 ® 1 residential mini - storage (15.02.020(182)) 3 ® 3 3 ®© 3' 3 2 2 III 1 NOTES: 1. See section 15.04.020.1 (i -v) since Class (1) uses may require Class (2) review under certain conditions. 2• A higher level of review will be required if the use or development is in an overlay district, see section 15.09.020. 3 . (15.02.020.5) refers to definition in Chapter 15.02. 4• See Section 15.09.070 for special development standards for service stations and other retail uses selling motor ft 5. No sales, storage or commerciai goods, repair facilities, offices, light manufacturing or other uses shall be permitted in residential mini storage facilities. 15.04.090 Home Occupations. .1 Purpose The conduct of 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: a) Insure the compatibility of home occupations with other uses permitted in the residential districts; and-, b Maintain and preserve the character of residential neighborhoods; and, c). 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. . .2 Table of Permitted Home Occupations - Table 4-2 titled "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 ocupations are subject to the standards of this title, including the specific conditions of section 15.04.090.3 and the review procedures of Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in section 15.04.090.7. • .3 Necessary Conditions Home occupations are permitted as an accessory use to the residential use of the dwelling only when all the following conditions are met: a) The home occupation is conducted inside a dwelling which is the primary residence of the principal practitioner. b) The home'occupation is incidental and subordinate to the principal use of the structure as a dwelling. c) There are no external alterations to the building which changes,its character from a dwelling. d) 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. • e) The home occupation does not generate materially greater traffic volumes than . would normally be expected in the residential neighborhood. f) There is no outside storage or display of any kind related to the home occupation. g) The home occupation does-not require the use of electrical or mechanical equipment that would change the fire rating of the structure. h) The home occupation does not require the use of electrical equipment that exceeds . FCC standards for residential use. i) 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. j) A business license is purchased where required. k) The home occupation is conducted only by immediate family members residing in the dwelling. 1) All stock in trade kept for sale on the premises is produced on-site by hand without the use of automated or production line equipment. In granting approval for a home occupation, the reviewing official may attach additional conditions to insure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home ocupation 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. .4 Nameplates - Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g. John Jones, Accountant). The nameplate shall be attached to the dwelling but shall not exceed two (2) square feet in area or be illuminated. .5 Application, Fee, and 'Review Period - Application for a home occupation shall be made in accordance with the provisions of Chapter 15.11 and shall be accompanied by the appropriate filing fee. • • -37- • TABLE 4 -2 PERMITTED HOME OCCUPATIONS . SR RI R2 R3 1 1 Permitted Home Occupations (Class (1) review) 2 1 Requires Review by the Zoning Administrator (Class (2) review) mmmm 1 3 1 Requires Review by the Hearings Examiner (Class (3) review) ❑ v T„ ro a �a e-I .i a 1 Not Permitted .o m wH wm w w W Cs“:4 N1 a Accountant 1 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast 1 2 1 1 Business Administration (15.02.020 (87)) 1 I I 1 • Cabinet, mill work, carpentry work _ 2 Ceramics and sculpting 2 2 2 2 Composer 1 1 1 1 Daycare, mini - 1 thru 5 children 1 1 1 1 Family - 6 or more children 3 3 3 3 Dentist 1 2 2 2 Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Insurance agent 1 1 1 1 Photographer (not including productions studio) 1 2 2 2 Physician 1 2 1 2 2 Music Teacher I 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 1 2 2 2 Real estate agent 1 1 1 1 Small engine repair Unclassified home occupations See Section 15.04.090.6 • NOTE: See 15.04.080 for other specific provisions for home occupations. -38- • 1 10 .6 Unclassified Home Occupation - Review by the Hearing Examiner - Home occupations not listed in Table 4-2 and Section 15.04.090.7 "shall be reviewed by the hearing examiner in accordance with the provisions of Chapter 15.22. .7 Home Occupations Not Permitted - The fallowing 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: a) Auto repair; b) Antique shop or gift shop; c) Kennel; d) Veterinary clinic or hospital; e) Painting of vehicles, trailers or boats; f) Large appliance repair including stoves, refrigerators, washers and dryers; g) Upholstering; h) Machine and sheet metal shops. .8 Denial of Application for a Home Occupation - An application for a home occupation shall be denied if the reviewing official finds that either the application or record fail to establish compliance with the provisions of this chapter. When any application is denied, the reviewing officer shall state the specific reasons, and shall cite the specific provisions and sections of this title on which the denial is based. 15.04.100 Temporary Use Permits. Temporary use permits may be issued by the building official for temporary structures and associated site improvements used for the storage of equipment, or supervisory offices in connection with major construction projects. Provided, that such temporary structures and associated site improvements may not be maintained for more than one year. The building official may extend this period for one additional year. 15.04.110 Temporary Hardship Unit Permits. In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be subject to' Class (2) review and shall only be issued when all of the following conditions are met: a) The applicant provides a physician's statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision. b) The temporary hardship unit meets the minimum setback and height standards for principal uses in the applicable district. c) The temporary hardship units and principal dwelling together do not exceed the lot coverage standards for the applicable district. d) The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy. e) The approval of the unit will not materially harm the public interest, the intent of the district, or the character of the neighborhood. . f) No rent, fee, payment or charge in lieu thereof may be made between the recipient and providers of special care for use of the temporary hardship unit. Only one temporary hardship unit shall be permitted on a parcel. Temporary hardship unit permits shall be subject to annual renewal, at which time the building .official shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within 90 days from termination of the use or revocation of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be solely that of the permit holder. -39- 15.04.120 Placement of Mobile/Manufactured Homes in Residential Districts. .1 Purpose - The provisions established herein are intended to assure that the siting of mobile/manufactured homes is harp with the surrounding residential uses and preserves the general character and integrity of the neighborhood. .2 Location - The following provisions shall govern the location of mobile/manufactured homes within the Yakima Urban Area: a) Mobile homes: All mobile homes shall be placed in mobile home parks; b) Manufactured homes: 1. Single wide manufactured homes shall be permitted as follows: As a Class (1) use - - In mobile home parks; or - On individual lots in approved manufactured home subdivisions; or - On individual lots in the Suburban Residential District. As a Class (3) use - - On individual lots in the R-1, R-2 and R-3 Districts. 2. Multi-wide manufactured homes shall be permitted as follows: As a Class (1) use - - In mobile home parks; - On individual lots in approved manufactured home subdivisions; - On individual lots in the Suburban Residential District. As a Class (2) use - - On individual lots in the R-2 and R-3 Districts. 110 As a Class (3) use - - On individual lots in the R-1 District. .3 Siting Standards - All mobile/manufactured homes shall be installed in compliance with applicable City and County codes. In addition mobile/manufactured homes installed in the residential districts, not in mobile home parks, shall meet the following siting standards: a) Roof Slope. Roof slope shall be not less than a two foot rise for each 12 feet of horizontal run. b) Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site built homes. c) Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site built homes. d) Foundations. All mobile/manufactured homes, except those placed in mobile home parks, shall be placed on a permanent foundation of the same material, color, and pattern as the siding of the mobile home; or on a perimeter masonry foundation. e) Wheels and Tongue. The wheels and tongue of all mobile/manufactured homes shall be removed prior to occupancy. f) Placement. Mobile/manufactured homes shall be sited in accordance with all applicable standards for the district in which they are located. g) Tie Downs. All mobile/manufactured homes shall be securely tied down in accordance with the manufacturer's specifications or, if none, then HUD specifications for tie downs. h) Steps. Permanent steps shall be affixed to all exits. i) Water, Sewer and Electrical Service. Water, sewer and electrical service at least equal to that required by conventional on-site constructed housing shall be provided. j) Floor Level. The finished floor level shall be 30 inches or less above the exterior grade of the lot. 1111 -40- • • 15.04.130' Placement of Communication Towers. • • .1 Location - The following provisions shall govern the placement of communication towers within the Urban Area: a) Less than 35 feet in height - exempt from the review and permit. procedures of this title but must meet the minimum setbacks established in Section 15.04.130.2(a). b) 35 to 55 feet in height and meeting the setback provisions of Section 15.04.130.2(b) are also exempt from the review and permit procedures of this ordinance. c) 35 to 55 feet in height and not meeting the setback provisions of Section 15.04.130.2(b) - Class (2) use in all districts. d) More than 55 feet in height - Class (3) use in the R -1, R -2, R -3, B -1 and SCC • Districts and a Class (2) use in the remaining districts. .2 Setbacks - The following setback standards shall apply to communication towers a) Minimum Setbacks - All communication towers shall meet the minimum front yard setback standards established in Table 5 -1 for the.district in which they are located and shall be setback at least 10 feet from the side and rear property lines. b) Optional Setback.- Communication towers 35 -55 feet in height shall be a Class (1) use.in all districts when an additional 12 inches from the required front, side and rear yards is provided for each 18 additional inches of tower height above 35 feet. • • • • • -41- CHAPTER 15'05 SITE DESIGN AND IMPROVEMENT STANDARDS Sections: 15.05.010 Purpose. 15'05'020 Site Design Requirements and Standards. 15.05.030 Creation of New Lots: Subdivision aequirementa' 15'05'0*0 Vision Clearance at Intersections. 15'05'050 Street Right-of-way oeuioatioo' 15'05'060 Administrative Adjustment of Certain Basic Development Standards Allowed. 15'05'010 Purpose. The purpose of this section is to establish certain basic development requirements. These are the minimum criteria which must be met to assure land use compatibility and promote the public health safety and wezcace' Except, some of these requirements are flexible and may be adjusted by the administrative official or hearing examiner under the provisions of Chapter 15.10. 15.05.020 Site Design Requirements and Standards. .1 Table of Site Design Standards and Subdivision Requirements - The provisions of this chapter and the requirements in Table 5-1 "Site Design Requirements and Standards" and Table 5-2 "Subdivision Requirements" are hereby established for all development in the zoning districts indicated. S 'z Development on Nonconforming Lots - Development on nonconforming lots is governed by this section and Section 15'19'040. Except as limited by this title, any permitted use may be erected on any lot legally created prior to the adoption of this title' Such development and structures are subject to the following additional provisions: (a) Detached single-family dwellings erected on nonconforming lots must meet the following criteria: (i) The setback dimensions of the structure conform to the regulations of this title. (ii) The lot has at least 20 feet of frontage vu, or a minimum 20 foot wide access easement to, a public or private road. (iii) All other site design and development criteria other than the lot size requirements of Table 5-2 are met. (b) Zero lot line, common wall, or duplex development may be permitted on such lots in the R-2, R-3 and B-1 Districts only if the conditions of subsection (a) are met. (c) Multi-family development may be permitted in the R-2, R-3, B-1, CBD and caos districts only if the criteria of subsection (a) are met. (d) Zero lot line, common wall, duplex or multi-family development are not allowed on such lots in the SR and R-1 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing use. (e) Any permitted use or structure may be placed on a lot that is nonconforming as to width and/or lot area in the industrial and commercial districts but only if the criteria of subsection (a) are met. .3 Maximum Lot Coverage is the percentage of net land area of a site that can be covered with structures and other impervious oucfaor^' The maximum lot coverage in each district is shown in Table 5-1. -4u- . In the SR, and R-1 Districts, this standard is intended to protect the open character of each district, and insure that land is available to accommodate septic tanks and drainfields. The intent in the R-2 and R-3 Districts is to provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off-street parking. .4 Structure Setbacks are the miminum structure setbacks permitted in a particular zoning district with Class (1) review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners. In the commercial districts, building setbacks provide visual clearance along streets and areas for site screening and landscaping. Structure setbacks are required in the industrial districts to provide fire protection, emergency access, and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee. The standard structure setback in each district is shown in Table 5-1. .5 Setbacks for Residential Accessory-Structures - The minimum setback for residential accessory structures in the residential districts shall be at least 5 feet from the side'property line, 5 feet from the rear property line, and up to, but not within, the required front yard. Provided, that the accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed. In the residential districts an accessory structure not requiring a building permit may be placed up to the side or rear property line if the structure will not encroach on a public easment and applicable street setbacks are observed. .6 Maximum Building Height is intended' to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5-1. • • .7 Fences and Walls - Standard Height - Unless otherwise specified in this ordinance, the standard height of fences, and walls shall be as follows: a) In all residential districts no fence, or_wall shall exceed 3'6" in height within the required front yard setback area. Six feet shall be the maximum height in the side and rear yards; and in the front yard behind the required setback. b) In all commercial and industrial districts no fence, or wall shall exceed 3'6" in height within the required front yard setback area. Eight feet shall be the maximum height in the side and rear yards, and in the front yard behind the required setback. c) On corner lots any fence or wall exceeding three feet six inches shall not extend closer to either street than the minimum setback (see Table 5-1). No fence, hedge, or wall shall be placed in the vision clearance triangle established in Section 15.05.040. d) When the rear or side yard in any residential district abuts a designated arterial, the maximum rear and side yard fence height shall be eight feet except in the required vision clerance triangle (see c above). e) All fences over six feet in height shall meet the provisions of the Uniform Building Code. f) No combination'of a fence and retaining wall shall exceed a height of ten (10) feet, measured from the lower elevation, except, existing retaining walls at the time of the passage of this title will be allowed a three and one-half (3 1/2) foot fence above the retaining wall. The provisions of this subsection govern in the event of a conflict with the fence heights shown in Table 5-1. .8 Access Required - All new development shall have a minimum of twenty (20) feet of lot frontage upon a public or private road. The purpose of this standard is to provide for vehicular access to all new development. Where access to new development is from a private road, the private road shall conform to the requirements of section 15.09.060 of this title. Provided, the construction of single-family and two-family dwellings on existing legally established lots are exempt from the requirements of this section. -43- 11 1111 15.05.030 Creation of New Lots: Subdivision Requirements. • .1 Table of Subdivision Requirements - The provisions of this section and the requirements set forth in Table 5-2 "Subdivision Requirements" are hereby estabilshed for all subdivisiOn in the zoning districts indicated. In the case of conflict between the text and tables, the text shall govern. Additional subdivision requirements are established in Yakima County Code Chapters 14.28 and 14.32 and, the Yakima City Code Chapters 14.30 and 14.35. .2 Maximum Number of Dwelling Units Permitted Per Net Residential Acre is used to determine the maximum number of dwelling units permitted within a single subdivision, short subdivision, mobile home park, multi-family development, or planned residential development. This standard is intended to: (a) Assure that residential densities in new subdivisions, multi-family developments, or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning district; and, (b) Permit the clustering of dwelling units (when clustering occurs, open space shall be provided .in accordance with Section 15.09.030); and, (c) Permit a variety of residential dwelling types within a development. The following formula shall be used to determine the maximum number of dwelling units permitted for any particular subdivision, short subdivision, mobile home park multi-family development or planned residential development: THE MAXIMUM'NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in acres) - (the area of streets, right-of-ways and, access ease- ments, in acres) x (the maximum number of dwelling units permitted per net residential acre). Any fraction of dwelling units shall be rounded up to the next highest whole number. Once approved under the provisions of this title, no subdivision, resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5-2. Provided that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R-1 and R-2 Districts as a Class (3) use in accordance with Table 4-1. This higher density development shall be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima Urban Area Comprehensive Plan. The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when: (a) The lots created meet the lot size and lot width requirements established in Table 5-2; and, (b) The existing structures meet the building area and setback requirements in Table 5-1; and, (c) No new dwelling units are built. .3 Minimum Lot Size is the smallest lot size permitted in a particular zoning district when land is subdivided, short platted, resubdivided, or when lot lines are adjusted. No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5-2. In residential districts, this standard is intended to maintain the residential character of the area. This standard varies by dwelling type in the R-1, R-2 and R-3 Districts in order to accommodate attached dwellings. In the Suburban Residential and Single-Family Residential Districts the required minimum lot size depends not only on the type of dwelling unit but also the suitability of the land for development and the type of water and sewer system. The minimum lot size requirements per dwelling unit in the Suburban Residential and Single- Family Residential Districts are as follows: -44- Situation Required Minimum Lot Size (Per Dwelling) • In the Floodplain, Airport and 1 acre Greenway Overlay Districts: When the lots will have an individual 1/2 acre, unless the Yakima Health District water system and individual sewer system: determines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems. When the lots are served by: a) a 14,500 sq. ft., unless the Yakima Health public or community water system or, District determines that a larger area is b) a community sewer system: necessary for the safe installation of approved water supply and sewage disposal systems. When the lots are served by a public Detached Single-Family Dwelling - 7,000 sq. ft. or community water system and the Detached Single-Family Dwelling - 5,000 sq. ft. regional, or an approved community (zero lot line) sewer system: Attached Single-Family Dwelling - 5,000 sq. ft. (common wall) per unit. Two-Family Dwellings - 8,000 sq. ft. The smaller lot size for zero lot line, attached and multi-family dwellings does not permit an increase in the maximum number of dwelling units per net residential acre established in Section 15.05.030.2. Any lots created for zero lot line, attached and multi-family dwellings shall be so designated on the face of the plat or short plat. In the Local Business District, the minimum lot size is intended to maintain the character of the district and provide adequate space for off-street parking and landscaping. The minimum lot size in the Small and. Large Convenience Center Districts and Industrial Districts are intended to accommodate the large uses permitted in these districts and maintain vacant land in relatively large parcels that can be easily assembled when development is proposed. .4 Standard Lot Width is the minimum lot width generally permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights-of-way. .5 Concurrent Subdivision and Zoning Review Required - Any application for a short or long subdivision which proposes a use or configuration of land or improvements which would require Class (2) or (3) review under this title shall at or prior to the filing of such application also file an application for such review under this title. Such application shall be heard by the hearing examiner concurrently with the subdivision application using the procedures for Class (3) review. 15.05.040 Vision Clearance at Intersections. All corner lots at street intersections or railroads FIGURE 5-1 shall maintain, for safety vision purposes, a triangular area, one angle of which shall be formed by the lot lines (a and b) adjacent to the street(s) or railroad right- of-way. The sides of the triangle (a and b) forming the ' 'VElijef corner angle shall be thirty feet in length. The third side of the triangle shall be a straight line connecting points c and d. Nothing within the area comprising the 1 :0 triangle shall be erected, placed, planted or allowed to w grow in such a manner as to materially impede vision between the heights of two and one-half and ten feet • above the centerline of grades of intersecting streets and/or railroads. 15.05.050 Street Right-of-Way Dedication. All new development shall dedicate, where necessary, street right-of-way in conformance with the standards in the county/city subdivision ordinance and the arterial street plan adopted in the Yakima Urban Area Comprehensive Plan. 15.05.060 Administrative Adjustment of Certain Basic Development Standards Allowed. Administrative adjustment of some of the basic development standards in this chapter are authorized under the zero lot line provisions of Chapter 15.09 and the provisions of Chapte 15.10. Except as allowed by those provisions, no reduction of these standards is permitted except pursuant to Chapter 15.21 - Variances. -45- • ' • 0110 . . 11111 1 110 TABLE 6-1 SITE DESIGN REQUIREMENTS AND STANDARDS . .. . . ZONING DISTRICTS 4 111111111111111111111111111E11191 SCC El C81 CBDS III M2 . p., . SITE DESIGN REQUIREMENTS AND STANDARDS 44 ,444 M SO PhM 'RIM C -4 U U ...1 M +1 14.4 .44 El 0 • C 4 4 4 4 444 4 4 4 , 4 04.4 MUM Ca 44 0 0 M MH CO C 1 0 a 0 IAA 0 44 4 V4 In 41 0 'RI +1 ....1 111 M j4 W 1.4 4 XI 0 4) w to tu 1 0 0 4.4 W 0 4).4 0 Ir ' 04.. I4 4)4 at 11) ..., 4 1.4 4.40 1 " 4 0‘47i t . 4% ' 41 Z4 4 ' 54 . 3 • 41 . 4 7 ' 4, . LI : } Vi d 0 ? t " I,' .? .c 4.4114 z . . .8 ,::, .,., : 0 CZ ■ • • I En 0 I I3 4 1 4 1 fg ( ./ WI t A 0 c I., sc cg .,.., 4243 000 M g . ' • r.n r4 ..4. 4 a I: ‘, it .3 x a 3 g 7:1 .3 3 8. 3 oc; . gi 11 RS .2 41 . , . DEVELOPMENT ON EXISTING LOTS OR PARCELS . . . SEE SECTION 5.020.2 AND 19.040 . , LOT COVERAGE 111=1111 802 11211 9" 100% 1 IMOOM111111111.11111111111111111111111 60 feet • 40 feet -- Collectors 50 feet 30 feet Local Access 45 feet FRONT . Private Road 37.50 feet 0 feet • 50 feet 20 feet Minor Local Access 45 feet Private Access E.s'men 3 10 Feet 1 0 feet .n. STANDARD INEWEITAMIMMMINOMMINE 50 feet a, . STRUCTURE Colle tor 2 1 40 feet SETBACKS5 Local A 2 pi' 30 . 30 feet SIDE Private •oad Irinnil ii .... 40 feet 20 feet 0 Pro.ert Line -1 D i t 10 feet RIM 0 f IIMMIllnin 30 feet Commercial Industrial District 111M21111 0 ft 0 Property Line 0 ft 011111.111MEMININ 0 • ' REAR Residential District 20 30 fee 20 ft 30 fe- CoMmercial District 111111 0 MAXIMUM BUILDING HEIGHT 20 t 11131111 0 N/A In Required Front Setback 3 feet 6 inches STANDARD FENCE HEIGHT Behind Reouired Front Setback - 6 feet . 8 feet In Side and Rear Yards SR IMIIIMMENNEIIIIMII1311111=1031 BD CBDS rill M2 . 1 Some open space may be required to assure conformity with the intent and provisions of this ordinance. 2 . . Measured from the centerline of rights-of-way. When the right-of-way exceeds 60 feet in width, or in the case of cul-de-sacs: a) The minimum front yard setback in the residential districts shall be 20 feet from the front property line; b) in the central business district, central business district support and industrial districts the minimum front setback shall be the front property line; c) the minimum, side yard setback in the residential districts be 10 feet from the side property line abutting the right-of-way, and d) the minimum side setback in the commercial and industrial districts shall be the side property line abutting the right-of-way. • , 3 Measured from the edge of an easement not within a dedicated right-of-way. ' • . 4 Measured from abutting residential districts. 5 Additional setbacks may be required to conform with the sitescreening requirements in Chapter 15.07. - _ 6 See 15.05.020 for fence standards on corner lots and along designed arterials. . • . . • TABLE 6-2 SUBDIVISION REQUIREMENTS ZONING DISTRICTS SR R1 R2 R3 KB 1B2 SCC LCC CBD CBDS M1 M2 SUBDIVISION REQUIREMENTS —1 CU W ca •r-I cl 0 C) --1 El +1 0 co 0 0 ca C4- 114 ON W w U „.1 RI 0 10 HO - m u u u 4- 1)., W 01 E0 Q.1 1 u En a) a) a) 6, 0 a) cp.-11.4 4.1 .61 ■ 7 0 7, - 71 54 . 7 - t .5 11 ti -9 11 ° `;' r w 0 W W 0 W WU CLfU cl 0 0 1-■ 0 0 0W W0WW 01b00 tri aJ +I w w W I .-4 0 • 0 0 a) a1 0 a) cu W 0 a) 0 cdo 011 na Z P., oa cal cr) 00 ,-1 c..) 0 0 »14 7 CCI ul 1-4 MAXIMUM NUMBER OF DWELLING UNITS 7 7 1 12 1 N/A PERMITTED PER NET RESIDENTIAL ACRE Detached S.F. Dwellings (per unit) 7,000 SqFt Sq Ft 5,000 SqFt 12+3 • RESIDENTIAL USES Detached S.F. Dwellings (By Dwelling Type- (Zero lot line) (per unit) 2 5,000 SqFt 2 4,000 SqFt N Attached S.F. Dwellings N/A See Definitions in • (Common wall) . (per unit) 1- Chapter 15.02) o Two-Family Dwellings (Duplex) 8,000 SqFt 2 7,000 SqFt Multi-Family Dwellings and Density may not exceed the maximum number of dwelling units Planned Residential Development permitted per net residential acre (Table 5-2) PERMITTED NONRESIDENTIAL USES 10,000 Sq Ft I 5,000 SqFt I 20 , 000 I 1 5 g Ft Acre none 1/2 Acre • STANDARD LOT WIDTH4 75 f t 50 Feet 100 Feet none 70 ft 60 Feet SR R1, 1 R2 I R3 I Bl 1 RB , B2 ( SCC 1 LCC CBD CBDS M1 1 M2 NOTES 1. Development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R1 and R2 Districts as a Class (3) use in accordance with Table 4-1. This higher density development shall be allowed only on these limited occasions when, after Class (3). review the uses and the level of public services, and is consistent with the goals and objectives in the Yakima Urban Area Plan. 2. In the Suburban Residential and Single-Family Residential Districts these minimums apply when the lots are served by a public or community water system and either the regional or an approved community sewer system. See Section 15.05.030.3 if public/community water and/or regional community sewer are not provided. 3. The subdivision requirements in this table for the B-1 District shall also apply to multi-family and planned residential development permitted in the Commercial Districts. 4. The lot width at the rear line of the required front yard shall not be less than 50 feet. (Note: this provision does not apply to CBD District.) 5. The lot width shall be at least 60 feet in the SR District when the lots are served by a public or community water system and either the regional or an approved community sewer system. • • • • CHAPTER 15.06 OFF-STREET PARKING AND LOADING Sections: 15.06.010 Purpose. 15.06.020 Off-Street Parking and Loading Spaces Required . 15.06.030 General Provisions. 15.06.040 Off-Street Parking Standards. 15.06.050 Computation of Required Spaces. 15.06.060 Location of Required Spaces. 15.06.070 Schedule of Minimum Parking Dimensions. 15.06.080 Site Plan Reqired. 15.06.090 Required Landscaping of Parking Areas. 15.06.100 Lighting. 15.06.110 Construction and Maintenance. 15.06.120 Time of Completion. 15.06.130 Off-Street Loading Space Required. 15.06.140 Nonconforming Parking. 15.06.150 Handicapped Parking. 15.06.010 Purpose. The following parking standards are intended to assure adequate off-street parking, reduce on-street parking, increase traffic safety, maintain smooth traffic flow, and • reduce the visual impact of parking lots. 15.06.020 Off-Street Parking and Loading Spaces Required. No off-street parking or loading spaces shall be placed, constructed, located, relocated or modified after adoption of this title without first receiving a development permit from the building official. All off-street parking and loading spaces which are not themselves a principal use are accessory uses and shall be subject to the same procedures and review requirements as the principal use. All off-street parking shall be provided in conformance with the provisions of this chapter. 15.06.030 General Provisions. a) The off-street parking and loading facilities required by this section shall be established prior to any change in the use of land or structures and/or prior to the occupancy of any new or enlarged structure. b) Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons, and employees and shall not be used for the storage of vehicles or materials, the parking of vehicles used in conducting the business, or for the sale, repair or servicing of any vehicle. c) Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary use of the property is changed to a use requiring less off-street parking. d) The required front yard in the R-3 District shall not be used for off-street parking for five or more cars unless the three foot strip nearest the front property line is landscaped and a two foot high concrete, masonry, or decorative block wall, or wood fence, or a solid landscaping screen is provided. (For corner lots see Section 15.05.040 Vision Clearance at Intersections). 15.06.040 Off-Street Parking Standards. .1 Table of Off-Street Required Parking - The parking standards in Table 6-1 "Table of Off-Street Parking Standards" are hereby established as the parking standards for the uses indicated. All required off-street parking shall be subject to the review procedures of this title and the standards of this section. -48- TABLE 6-1 TABLE OF OFF-STREET PARKING STANDARDS LAND USE , • . PARKING STANDARDS L " . . . AGRICULTURE (COMMERCIAL) . AGRICULTURE (COMMERCIAL) ___Aariculturally_related industries: packinrocessing plants 1pace for each 300 s ft. of gross floor area storage facilities l_space for each 1,000 sq. ft. of gross floor area • • . ' . AMUSEMENT AND RECREATION . AMUSEMENT AND RECREATION 'I space for each playing table, or each 5 seats or each 3 machines, whichever is Game rooms, card rooms, electronic game rooms . __greater ___ Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats,or 54" of bench seating . Bowlin_g alleys 5 spaces for each lane . Gymnasiums, exercise facilities 1pace for each 100 sq. ft. of gross floor area Roller skatin_a rink 1 space for each 250 sq. ft. of skating surface area -----------_____ ___— — . . Swimming _ 1 space for each 150 sq. ft. of water surface area • MoVie theatres . . 1 space for each 4 seats _ . Auditoriums exhibition halls 1 space for each 100 sq. ft. of gross floor area I 3 .C. . , COKM SERVICES COMMUNITY SERVICES i . 1 space for each 3 fixed seats (or 54" of bench type seating) + Churches, synagogues, temples, and funeral homes 1 space for each 40 sq. ft. of general reception/gathering area Convalescent, nursing and_aroup homes • 1 space for each 2 beds .._ Fire and_2olice stations ' I space for each 200 sq. ft. of gross floor area • Halfway house (detention center) I space for each 2 beds Hospital 1.5 spaces for each bed -------- Schools: Primary, Elementary 3.spaces for each classroom, or 1 space for each 3 seats (54" bench type seating) in the assembly area, whichever is greater Junior, Senior same asyrimary/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 • .Librartes _1 space for each 100 sq ft. of gross floor area MUseums, art galleries ' __ 1 space for each 100 sq ft. of aross floor area Preschools, daycare centers ' 1 space for each employee +I space EiTr eaa2 ft. of 0s floor area ---- Vocational schools , _ 1 space for each 400 sq. ft'. of gross floor area MANUFACTURING (MASS PRODUCTION) MANUFACTURING (MASS PRODUCTION) ___ All_uses listed under manufacturing in Table 4 I 1 space for each employee per maximum shift ' . . RESIDENTIAL . RESIDENTIAL Single family_ dwelling 2 s.aces Two fami1/ dwellings • 4 s.aces ____Kulti-familv dwellings (3 unit) --- , 5Lspaces-- (4 units) 7--- 7 s.aces , (5--Unit-S) • ..cpAPPG . --... (6 units or more) ! 1 . !Egsfo_t_e.achtiellinLIiait • ____________ retirement homes • I s.acelor each dwellin. unit • • • • ' TABLE 0 -1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS RETAIL TRADE AND SERVICES RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services 1 mace for each 300 sq. ft, of gross floor area Advertisinmagencies _ -_ 1 space for each 300 sq_ ft. of gross floor area Automobile and truck, manufactured home, travel, trailer sales 1 space for each 500 sq. ft. of showroom and 1 space for each 1000 sq. ft. of retail sales floor area _ Automotive: Automobile maintenance and service shops 2 spaces per service area including work bays Car wash 1 space per wash bay Paint and body repair shops 2 spaces per service area including work bays Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays Wrecking and dismantling yards 1s race for each 500 sq. ft. of gross floor area __Beauty and barbershops 1 space for each 75 sq.ft. of gross floor area Building and contractors 1 space for each 800 sg. ft. of gross floor area Drug stores 1 space for each 200 sq. ft. of gross floor area Em�lovmment agencies (private) 1 space for each 200 sq. ft. of gross floor area Farm supplies 1 space for each 800 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 j1 Heating and plumbing_ equipment stores 1 space for each 400 sq_ ft. of gross floor area Heavy equipment, tractor, and farm equipment repair 1 space for each 300 sq. ft. of gross floor area Household appliance, small engine, TV and furniture repair I 1 space for each 300 sq. ft. of gross floor area Insurance agents, brokers and service agencies _ 1 space for each 200 sq. ft. of gross floor area Liquor stores 1 space for each 300 sq. ft. of gross floor area Lumber yards 1 space for ea. 400 sift of gross flr. area of structure b covered storage area Medical and dental laboratories, offices, and clinics I 1 space for each 200 sq. ft. of gross floor area Motelsand hotels I 1.5 spaces for each guest room _ Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, architects, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area _Radio and TV studios, offices I 1 space for each 300 sq. ft. of gross floor area Real estate offices _ 1 space for each 200 sq_ ft. of gross floor area � Residential mini - storage 1 space foreach stor a pace Restaurants, cafes and drive -in eating_ facilities 1 space for each 75 sg. ft. of _Eross floor area Retail_ service establishments in Table 4.1 but not listed above: 1 space for each 300 sg. ft. of gross floor area Retail trade establishments in Table 4.1 but not listed above: - having less than 7,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area - having more than 7,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area up to 7,000 sq. ft. plus 1 space for each 150 sq. ft. of gross floor area in excess of 7,000 sq. ft. Service stations 2 spaces for working /service area, including bays Shoe repair and shoe shops _ - 1 space for each 300 sq. ft. of Gross floor area _ Taverns and bars_, din_e_, 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 • TABLE 8 -1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS { 'TRANSPORTATION TRANSPORTATION • Bus terminals, storage and maintenance 'acilities 1 space for each 500 sq. ft, of _aross floor area Air, rail, and truck terminals 1 space for each 300 sq, ft. of gross floor area Taxicab terminals maintenance and dis.atchin: centers 1 s ace for each 300 s.. ft. of :ross floor area � , UTILITIES UTILITIES Utilit services 1 1 space for each 800 s.. ft. of gross loor area WHOLESALE TRADE WHOLESALE TRADE d Wholesale trade /warehouses 1 space for each 500 sq ft. of gross floor area Residential mini - storage I see residential mini - stora_e under retail trade and service • cn 1 • . • • .2 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. .3 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; provided that all the other requirements of this Chapter shall apply to any parking provided by the applicant. FIGURE 6 - 1 fleet Lincoln Avenue .Eaet Lincoln Avenue re • V VI • VI North • t 5 t • s: • - 4 '0 St. • 2 • Alley between Neches Am end 6tb Street East Yakima Avenue ?c. DOWNTOWN BUSINESS DISTRICT West Chestnut 4 ; West Walnut Street East Walnut Street • 15.06.050 Computation of Required Spaces. The following rules shall apply in the determination of the number of required off- street parking spaces: a) Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such number shall be changed to the next higher whole number. b) Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses. c) Shared Uses. Owners of two or more uses, structures, or parcels of land within 300 feet of each other may share the same parking or loading area when the hours of operation do not overlap. The owners of two or more uses, structures, or parcels within 300 feet of each other may also share facilities concurrently, however the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses. (Also see Section 15.06.060). A parking easement approved by the administrative official shall be filed with the County Auditor whenever two or more uses propose to share off-street parking facilities. d) Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that, each tandem space for single-family dwellings shall be counted as a required parking space. 15.06.060 Location of Required Spaces. Off parking facilities shall be located according to the following: a) For single and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. b) For hospitals, convalescent, nursing or rest homes, parking facilities shall be located not more than one hundred fifty feet from the buildings they are required to serve. -52- • • c) For uses other than those specified above, parking facilities shall not be located over three hundred feet from the buildings they are required to serve. d) Groups of five or more parking spaces shall be served by a driveway'so that no vehicular backing or maneuvering movement will occur within a public right-of- way other than an alley. e) No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located in a residential zoning.district. 15.06.070 Schedule of Minimum Parking Dimensions. Access aisles and parking stalls shall conform to Table 6-2, which is hereby adopted as • the schedule of minimum parking dimensions. 15.06.080 Site Plan Required. A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the reviewing official prior to construction. The site plan shall comply with the provisions for general or detailed site plans in Chapter 15.11 and shall also show the proposed development, locations, size, shape and design of the parking spaces, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed under the provisions of section 15.11.030. 15.06.090 RequireeLandscaping of Parking Areas. a) The standard for landscaping of parking lots with five or more spaces shall be 5% of the total parking area. b) The planting area standard shall be 24 square feet in area with the exception of raised planter boxes around buildings. c) A standard of one tree from an approved list shall be planted for every 15 single row parking stalls or every 30 double row parking stalls within the parking lot. d) Landscaping shall consist of combinations of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. e) Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view obscruing fence, or compact evergreen hedge at least six feet in height. The screening shall be provided and maintained along the property line of such.lot except in the required front yard. 15.06.100 Lighting. Lighting shall be provided to illuminate any off-street parking or loading.space used at night. When provided, lighting shall be directed to reflect away from adjacent properties. 15.06.110 Construction and Maintenance. All off-street parking including motor vehicle sales lots having a capacity of three or more vehicles, shall be constructed in the following manner. a) Surfacing. Paved with two-inch thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the reviewing official; so as to eliminate dust or mud. b) Grading and Drainage. Graded and drained so all surface water is disposed of on- site. Grading and drainage facilities shall be designed according to accepted engineering standards. c) Border Barricades. Any parking or vehicle sales area abutting the street property line shall provide a concrete curb or timber barrier at least six inches in height and located at least two feet from the street property line. The curb or barrier shall be securely anchored. No curb or barrier shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. d) Markings. All parking spaces (except motor vehicle sales areas) shall be marked by • durable painted lines at least four (4) inches wide and extending the length of the stall or by curbs or other means approved by the reviewing official to indicate individual parking stalls. ,Signs or markers located on the parking lot surfce shall • be used as necessary to ensure safe and efficient use of the parking lot. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and irrigation facilities in conformance with the standards of this chapter and the approved site plan. -53- • TABLE 6-2 STANDARD PARKING LOT DIMENSIONS ' (REFER TO DIAGRAM BELOW /ALL DIMENSIONS ARE BASED ON A BASIC 9' x 19' STALL) LOT WIDTH LOT WIDTH I LOT WIDTH LOT WIDTH 3 ROWS + 4 ROWS + • CURB HINIHUH 1 ROW + 2 ROWS + 2 2 ANGLE OF STALL LENGTH ' STALL DRIVEWAY 1 DRIVEWAY SQ 1 DRIVEWAY SQ DRIVEWAYS SQ DRIVEWAYS SQ, • PARKING WIDTH PER CAR ' DEPTH WIDTH' PER CAR FT PER CAR FT PER CAR FT PER CAR FT ALONG CURB -0 8' . 23' 8' 12' 20' 460 28' 322 48' 368 56' 322 30° 9' 18' 17'3" 11' 28'4" 510 45'6 " - 411 66'2" 397 83'6" 376 45'' 9' 12'7" 19'8" 13' 32'10" 420 52'5" 336 79'0" 376 98'10" 315 _ 60 9' 10'4" 21'0" 18' 39'0" 407 60' 313 95'0" 1 330 116'0" 305 90' 9' 9' 19' 24' 43' 387 62' 279 105' f 315 124' 1 279 l . 1. Ninety degree parking permits two -way driveway travel. If the angle is less than ninety degrees_` ___._ driveway travel shall be one -way. , STANDARD STALL IIIVE'.;A DcPDI WIDTH • Fi; ` %, , „ „„ k a ...,,.." CURD LEhGTU . PER CAR �, AREA PER C1,R �. IFTG'0 f0:15 • 4111111111r111111111" . Iv Ill AREA PER ' CAR 1 IF CIILY Oa RO'.I ANGLE OF PARMgG LOT WIDTH. �1 PO'.! -1 1 DCI\'EVAY S LOT \ ?IDT1I, 2 P�'.IS 1 1 DRIVE', "Y • LOT WIDTH, 3 £C",!5 1 2 Ca19EW:,YS LOT WIDTH, 4 PO','C 1 2 o 1YC':,YS • -54- • • 15.06.120 Time of Completion. All parking required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible, the reviewing official may grant an appropriate delay under the provisions of section 15.12.070.4. 15.06.130 Off-Street Loading Space Required. • Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. .1 Loading Space Size - The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of twelve feet width and twenty-five feet in length. On-site maneuvering space of not less than 52 feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off-street parking. .2 Loading Space Location - Regired off-street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of-way of any public or private road. 15.06.140 Nonconforming Parking. Any use which, on the effective date of this section or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming. However, the number of existing off-street parking spaces shall not be reduced. When an existing structure with nonconforming parking is expanded, or a nonconforming use is changed to another nonconforming use and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this chapter. However, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this chapter. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in Table 4-1 the nonconformity shall cease and the new use shall provide all the required off-street parking in accordance with the provisions of this chapter. 15.06.150 Handicapped Parking. Handicapped parking shall be provided in accordance with RCW 19.27.030.5. • -55- • CHAPTER 15.07 • SITESCREENING Sections: 15.07.010 Purpose. 15.07.020 Sitescreening Required. 15.07.030 Determination of Sitescreening Requirements. 15.07.040 Sitescreening Standards. 15.07.050 Table of Required Sitescreening Standards. 15.07.060 Sitescreening Along Streets. 15.07.070 Location. 15.07.080 Existing Plant Material. 15.07.090 Preparation of a Sitescreening Plan. 15.07.100 Time of Completion. 15.07.110 Retention and Maintenance. 15.07.010 Purpose. The purpose of this section is to establish sitescreening standards to provide a visual buffer between uses of different intensity, streets and structures, reduce erosion and storm water runoff, protect property values, and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, 1111 buildings or parking areas. 15.07.020 Sitescreening Required. Sitescreening shall be required along the property lines in accordance with the provisions of this chapter whenever any use, development, or modification to use or development is being reviewed under this title. Provided, the construction of single family residences or duplexes not part of a larger development are exempt from this chapter and no sitescreening is required along a property line shared with a vacant parcel. The provisions of this chapter also apply to the approval of any residential subdivisions and planned residential development. 15.07.030 Determination of Sitescreening Requirements. The reviewing official may adjust the sitescreening standards in this chapter by approving other sitescreening plans pursuant to the provisions of section 15.10.020 and section 15.10.030. 15.07.040 Sitescreening Standards. Sitescreening requirements vary depending on the intensity of both the proposed use and its neighbors. Three different standards, A, B and C, are hereby established to accommodate the range of sitescreening needs. STANDARD A - A 10 foot wide landscaped planting strip with trees at 20' - 30' centers, shrubs, and groundcover. STANDARD B - A three foot wide planting strip that will create a living evergreen screen at least six feet in height within three years. STANDARD C - A six foot high, view obscuring fence, made of wood, masonry block or slatted chain link. A three foot wide planting strip landscaped with a combination of trees, shrubs and groundcover along the outside of the fence is also required when the fence is adjacent to streets, alleys and • pedestrian ways. Provisions A, B and C are standards for the size of sitescreening area and the density and type of landscaping /planting. The developer may substitute a higher sitescreening • standard, Standard C being higher than B, and B being higher than A. Other sitescreening plans that improve the site design and achieve the purpose of this section may also be approved by the reviewing official in accordance with Chapter 15.10. All sitescreening shall also conform to the provisions of section 15.05.040 vision clearance at intersections. -56- • • 15.07.050 Table of Required Sitescreening Standards. Table 7-1 titled "Required Sitescreening Between Uses and Development" is hereby adopted as part of this chapter. The letter designation in this table refers to the sitescreening standards in section 15.07.040. • 15.07.060 Sitescreening Along Streets. Sitescreening Standard A shall apply wherever sitescreening is required under Table 7-1 and the adjoining land use is separated from the proposed use or development by a collector or local access street. The reviewing official may also require sitescreening Standard A along an arterial when such action is consistent with the purpose of this chapter. • 15.07.070 Location. Generally all required sitescreening shall: • a) Be located on the perimeter of a lot or parcel upon which the development occurs, b) Extend from lot line to lot line, c) Not be located on any portion of a public or private street, dedicated right-of- way or vision clearance triangle. 15.07.080 Existing Plant Material. Existing trees and other vegetation may be used for sitescreening if they are healthy and will satisfy the purpose of this section. 15.07.090 Preparation of a Sitescreening Plan. Whenever sitescreening is required, a sitescreening plan showing the approximate location, height, size and type of all plantings and fences shall be prepared. 15.07.100 Time of Completion. All sitescreening required by this title shall be installed prior to'occupancy or commencement of use. Where compliance with this requirement is not possible because of seasonal planting limitations, the reviewing official shall grant an appropriate delay. However, no permanent certificate of occupancy shall be issued until all required sitescreening.is completed. 15.07.110 Retention and Maintenance. Whenever a sitescreening plan is required by this chapter an agreement approved by the reviewing official to assure the permanent retention and maintenance of the sitescreening shall be attached to the approved site plan. The agreement shall vest with the county/city the right to enforce the permanent retention and maintenance of the • Sitescreening, and shall state that in the event the sitescreening deteriorates or is not maintained in a condition consistent with plan approval, the county/city may at its option cause necessary maintenance to be performed and assess the costs to the property owner. These costs shall constitute a lien on the property, from the date of filing a-notice of lien in the office of the county auditor. The lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by the county/city in the manner provided by law for the foreclosure of mortgages. • • • • • -57- . TABLE 7 -1 REQUIRED SITESCREENINO BETWEEN USES AND DEVELOPMENT • ra w COLUMN 1 "Lowest Intensity District" in which each ADJACENT LAND USE is a Class (1) Use 1 A "Lowest Intensity District" in which the PROPOSED LAND LOWER• DISTRICT INTENSITY •HIGHER USE or development is a Class (1) Use SR R1 R2 R3 131 82 1 SCC I LCC I CBD 1 CBDS I ML 1 M2 1 1 I 1 1 1 1 SR A A A C C I C C V C i C i C { i 1 1 I + 1 RI A B C C C I C C I C I C I 1 rr R2 A B C i C 1 .. C I C 1 I C 'C C rn 4 I• w R3 A I A I A B I C I C I C I C I C I C E. P. 1 1 B1 A B B I A I I 1 I 3 I . 8 V 1 1 1 1 I 1 1 PA 32 C C - C B i B B a SCC C C C' C I 8 B - LCC C C C I C I A I B I I 1 1 1 I - 1 1 CBD C I C I C I" C 1 1 I I I ! B I 1 t 1 1 - I 1 1 — CBDS C C I C C I I I I A ( B m ® @ i c I c I C 8 I O j 8 j O i A I A I A o M2 C i C I C I C I B I B i B I B I B I B 1 A 1 1 Sitescreening generally not required - A 1 Letters refer to the sitescreening standards in 15.07.040. NOTE: Sitescreening shall not be required for the construction of single - family 4111 , dwellings and duplexes not part of a larger development (15.07.020). HOW TO USE TABLE 7 -1 EXAMPLE: Proposed use: Residential Mini - Storage 1. Refer to Table 4 -1 to find the Lowest Intensity District in which the proposed use is permitted as a Class (1) Use. For residential mini- storage this is M -1. Find this district in Column 1 above. 2. Refer to Table4 -1 to find the Lowest Intensity District in which each adjoining use is permitted as a Class (1) use. If an adjoining use is not a Class (1) Use in any district sitescreening standard C is the required sitescreening standard along that property line. Adjoining Uses: North - Single family dwellings Lowest Intensity District Class (1) use - SR South - Tavern Lowest Intensity District Class (1) Use - LCC East - Employment Agency Lowest Intensity District Class (1) Use - 8 -2 West - Vacant 3. Use Table 7 -1 to find the recommended sitescreening to be provided by proposed use. The recommended level of sitescreening is the letter in the intersection of the district found in Step 1 with each district noted in step 2.. In this example the recommended levels of sitescreening are: North - SR -- C South - LCC -- A East -B-2-- B West (vacant) -- one 4. Refer to specific sitescreening standards in 15.07.040. • 5. Prepare sitescreening plan see Section 15.07.040. -58- CHAPTER 15.08 SIGNS Sections: 15.08.010 Purpose. 15.08.020 Definitions. 15.08.030 Development Permit Required. 15.08.040 Exempt Signs. 15.08.050 Prohibited Signs. 15.08.060 Sign Standards. 15.08.070 General Provisions. 15.08.080 Projecting Signs. 15.08.090 Roof Signs. 15.08.100 Wall Signs. 15.08.110 Temporary Signs. 15.08.120 Directional Signs. 15.08.130 Off-Premise Signs and Billboards. 15.08.140 Multiple Building Complexes and Multiple Tenant Buildings. 15.08.150 Freeway Signs. 15.08.160 Legal Nonconforming Signs. 15.08.170 Administrative Adjustment of Sign Standards Allowed. 15.08.180 Variances. 15.08.190 Violations. 15.08.010 Purpose. The purpose of this section is to accommodate and promote: Sign placement consistent with the character and intent of the zoning district; proper sign maintenance; elimination of visual clutter; and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use and maintenance of signs within the urban area, shall occur in accordance with this chapter. 15.08.020 Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein. .1 Abandoned Sign means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. .2 Changing Message center sign means an electronically controlled sign where different automatic changing messages are shown on the lampbank. This definition includes time and temperature displays. .3 Construction Sign means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended. .4 Directional Sign - see section 15.08.020.13 Off-Premise Directional Sign and section 15.08.020.15 On-Premise Directional Sign. .5 Electrical Sign means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. .6 Flashing Sign means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transistory burst, or which switches on and off in a constant pattern in which more than one third of the nonconstant light source is off at any one time. • .7 Freestanding Sign means any sign supported by one or more uprights, poles or braces in or upon the ground. -59- .8 Freeway Sign means a freestanding sign designed and placed to attract the attention of freeway traffic. .9 Grand Opening Sign means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. .10 Multiple Building Complex ,is a group of structures housing two or more retail, offices, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use. .11 Multiple Tenant Building is a single structure housing two or'more retail, office or commercial uses. For purposes of this section, each multiple tennant building shall be considered a single use. .12 Off-Premise Sign means a sign which advertises or promotes merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which said sign is located. .13 Off-Premise Directional Sign means an off-premise sign with directions to a particular business. .14 On-Premise Sign means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted; services rendered, goods sold or products produced on the premises or the name of the business, name of the person, firm or corporation occupying the premises. .15 On-Premise Directional Sign means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other'on-site locations. .16 Politicial Sign means a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot. .17 Portable Sign means a temporary sign made of wood, metal, plastic, or other durable material, which is not attached to the ground or a structure. This definition includes sidewalk, sandwich boards and portable readerboards.(also see section 15.08.020.25 Temporary Sign). .18 Projecting Sign means a sign, other than a wall sign, that is attached to and projects from a structure or building face. .19 Real Estate Sign means any sign pertaining to the sale, lease or rental of land or buildings. .20 Sign means any communication device, structure, or fixture (including the supporting structure) 1 a - that identifies, advertises and/or promotes an .SAN AREA activity, product, service, place, business, _ or any other thing. • " (a + b 4.c) SAN ',4k .21 Sign Area means that area contained within HE b I6HT - a single continuous perimeter which encloses the entire sign cabinet, but excluding any support ' c or framing structure that does not convey a message. r EMMA .22 Sign Cabinet means the module or background • containing the advertising message but excluding sign supports, architectural framing, or other Figure 8 - 1 decorative features which contain no written or advertising copy. -60- • • 4 1) .23 Sign Height means the vertical distance measured from the grade below the sign Or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. . Figure 8-2 cMMXT • .24 Street Frontage means the length in feet of a 674Z-Ilit=4 property line(s) or lot line(s) bordering a public street. For corner lots each streetside property . line shall be a separate street frontage. The V, frontage for a single use or developMent on two or more lots shall be the sum of the individual * .._ lot frontages. T _ 1 .25 Temporary Sign means any sign, banner, pennant, ; • i valance, or advertising display constructed of cloth, paper, canvas', cardboard, or other light nondurable materials and portable signs as defined in section 15.08.020.17. Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. .26 Wall Sign means any sign attached to or painted directly on the wall, or erected against and parallel to the wall of a building, not extending more than twelve (12) inches from the wall. 15.08.030 Development Permit Required. No sign governed by the provisions of this title shall be erected, structurally altered or relocated after the adoption of this title without first receiving a development permit from the building official. All on premise signs are accessory uses and shall be subject to the same procedural and review requirements as the principal use. Off-premise signs and billboards are permitted as shown in section 15.08.130. 15.08.040 Exempt Signs. The following signs are exempt from the application, permit and fee requirements of this 111/1 title: a) Window signs; • b) Point of purchase displays, such as product dispensers; c) Gravestones; d) Barber poles; e) .Historical site plaques; f) Structures intended for a separate use such as phone booths, Goodwill containers, etc.; g) Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; h) Directional, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority; i) Official flags of the United States of America, States of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations; j) Political signs which during a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided such signs shall not be posted more than 90 days before the election to which they relate and are removed within 15 days following the election; k) Construction and real estate signs not exceeding 32 square feet in area; 1) All temporary signs except portable signs; m) Church name and church readerboards not exceeding 32 square feet in area; n) Canopies and awnings; o) On-premise signs not readable from the public right-of-way, i.e. menu boards, etc. 15.08.050 Prohibited Signs. The following signs are prohibited: a) ,Signs on any vehicle or trailer that is parked on public or private property and visible from a public right-of-way for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs which are painted on or magnetically attached to any vehicle operating in the normal course of business; 761- 0 b) Signs which purport to be, are an imitiation of, or resemble an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal; c) Signs attached to utility, streetlight, and traffic conrol standard poles; d) Swinging projecting signs; e) Signs in a dilapidated or hazardous condition; f) Abandoned signs; g) Signs on doors, windows, or ire escapes that restrict free ingress or egress; h) Any other sign not meeting t e provisions of this chapter. 15.08.060 Sign Standards. The provisions of this chapter an the requirements in Table 8-1 "Type and Number of Signs Permitted", Table 8-2 "Maximum Sign Area" and Table 8-3 "Sign Height and Setbacks" are hereby established for all signs in the zoning districts indicated. All permitted signs are subject to the review procedures of this title and the standards of this section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the principal use. 15.08.070 General Provisions. All signs shall comply with the following provisions: a) Construction shall satisfy the requirements of the Uniform Building Code. b) Except for exempt signs, all signs shall be permanently attached to a building or the ground; c) Signs attached to a building shall not exceed the height of the building, except under the provisions of section 15.08.080(a) and section 15.08.090; d) All signs shall comply with the setback requirements in Table 8-3; except, when the side or rear yard is a street frontage, then the front setback shall apply; e) Lighting directed on or internal to any sign shall be shaded, screened or directed so that the lights intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; f) All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; g) The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1; h) A clearview triangle shall be maintained at all driveways and curb cuts for vision safety Figure 8-3 purposes. One angle shall be formed by lines a and b which are adjacent to the street and ---- — driveway. The sides of the triangle (a and b) 1■11(B)wl STFLUT , forming the corner angle shall be 15 feet in -- .: ,,,, length. The third side of the triangle shall r c •"'"icilm A '''"'•"""'' I be a straight line connecting points c and d. - WI; W . No sign or associated landscaping shall be '% placed V I placed within this triangle so as to materially L.- impede vision between the heights of two and one-half and ten feet above the centerline grade of the street. 15.08.080 Projecting Signs. All projecting signs shall comply with the following provisions: , a) No more than 1/3 of the height of any projecting sign shall exceed the height of the building to which it is attached. b) Signs over the public right-of-way shall conform to the following standards: Clearance Above Grade Maximum Projection Less than 8 feet Not Permitted 8 feet to 9 feet 1 foot 9 feet to 10 feet 2 feet over 10 feet 2/3 the distance from building to curb line or a maximum of 10 feet No sign shall project within 2 feet of the curb line. III -62- 1110 1 110 1 111 0 TABLE 8-1 TYPE AND NUMBER OF 313N3 PERMITTED II ZONING DISTRICTS SIGN TYPE -- SR R1 R2 R3 131 us r B2 1 SCC 1 LCC 1 CBD CBDS 1 M1 1 M2 ' 1 * 1 I I . I PERMITTED SIGNS m 4 Nameplate Class (1) Use N/A a Subdivision Identification m Directional Class (2) Use 0 Wall/Roof/Portable signs Class (1) Use . w Freestanding 2 Permitted Are Subject to the Same Review And Procedural Requirements as the Principle Use o c Projecting See Section 15.08.150 Freeway i 1 Cass 1 . - w Directional l 1 co 1 (2) Not Class (2) j Class (1) , 4.. .. Advertising Not Permitted Use Permitted Use Use 1 0 w I . Billboards I ' 1 NUMBER OF SIGNS PERMITTED . , Nameplate 1 per dwelling N/A w 4 Subdivision Identification 1 on each st. frontage_ -.. _Directional (on premise) 1 per access point ' E : W Freestandin: 1 Freestanding or Projecting 2 Sign on Not Each Street Frontage o Projecting 0 Permitted --: Wall/Roof/Portable signs — Wall:See 15.08.100/Roof:See 15.08.090/Temporary:See 15.08.110 . 18 See Section 15.08.0 Freeway ... _ Directional See Section 15.08.120(b) , 0 . ,.... -.4 Not" -------- Advertising . Permitted 1 Sign Per Parcel (Also see 15.08.130) Billboards 1 Signs exempt from the provisions of this chapter are listed in Section 15.08.040. 2 Section 15.08.140 has special freestanding sign provisions for multiple building complexes and multiple tenant buildings. 3 Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall - see Table 8-2. 4 • On-Premise signs are permitted as an accessory use to an approved or existing use. .. - TABLE 8 -2 MAXIMUM 810N AREA MAXIMUM AREA PER SIGN FACE Freestanding and Projecting Signs ZONING DISTRICT Sign is setback 15' or less Sign is setback 15' or more WALL - SIGNS FREEWAY SIGNS from required right -of -way from required right -of -way • SR R1 Nameplates up to 2 sq. ft. NOT R2 - Subdivision /Project Identification PERMITTED R3 up to 30 sq. ft. B1 24 sq.ft. 40 sq. ft. HB • B2 40 sq. ft. 60 sq. ft. Frontage is less 1.sq.ft. of sign area per 11 sq.ft. of sign area per than 400 Ft. long lineal ft. Of frontage up' lineal ft. of frontage up to SCC to 100 sq: ft. 150 sq. ft. 1 sq. ft. of sign area per 11 sq. ft. of sign area per Frontage is more SIZE OF WHERE lineal ft. of frontage up lineal ft. of frontage up to than 400 Ft. long to 150 sq. ft. 200 sq. ft. WALL TO PERMITTED: cr, WHICH UP TO 300 Frontage is less 1 sq, ft. of sign area per 1, sq. ft. of sign area per ATTACHED SQUARE FOOT than 400 Ft. Long lineal ft. of frontage up lineal to of frontage up to LCC to 150 s9. ft. 200 sq. ft. Frontage is more 1 sq. ft. of sign area per 11/2 sq. ft. of sign area per than 400 Ft. long lineal ft. of frontage up lineal ft. of frontage up to to 200 sq. ft. 250 sq. ft. BD 11 Sq.Ft. of sign area per lineal ft.of frontage up to 150 Sq.Ft. Frontage is less 1 sq. ft. of sign area per 11/2 sq. ft. of sign area per - than 400 ft. long lineal ft. of frontage up lineal ft. of frontage up to CBDS to 150 s.. ft. 200 s.. ft. Frontage is more 1 sq. ft. of sign area per 11 sq. ft. of sign area per than 400 ft. long lineal ft: of frontage up lineal ft. of frontage up to to 200 sq. ft. 250 sq. ft. M1 1 sq. ft. of sign area per 11/2 sq.. ft. of sign area per lineal lineal ft. of frontage up lineal ft. of frontage up to M2 to 100 sq. ft. 150 sq. ft. • • MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE • m. • • • • III TABLE 8-3 SIGN HEIGHT AND SETBACKS ZONING DISTRICTS SIGN STANDARDS B1 SR R1 R2 R3 HB B2 SCC LCC, CD CBDS M1 M2 MAXIMUM SIGN HEIGHT ' Sign is setback 15 15 30 30 30 feet or less from 5 Ft. 10 Ft. Ft Ft Ft Ft 30 Ft. required right-of- 1 way Freestanding Sign is setback 15 20 35 40 30 feet or more from 10 Ft. 15 Ft. Ft Ft Ft Ft 40 Ft. required right-of- way Projecting See Section 15A.08.080 Not Permitted 2 all Top of Wall to Which Attached , a\ Lil Freeway Where Permitted: 70' SETBACKS Minimum front yard setbacks Edge of right-of-way Minimum side yard setbacks Required setback standards for each zoning district (Table 5 1 1 Section 15A.08.140 has special freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2 Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a wall - See Table 8-2. c) In addition, no sign or sign structure shall project into any public alley below a height of 14 feet above grade, nor project more than 12 inches where the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into the public alley where the sign or sign • structure is located more than 16 feet above grade. 15.08.090 Roof Signs. All roof signs shall comply with the following provisions: a) Roof signs shall be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building itself; b) Roof signs must not exceed the maximum allowable height of the building within the district in which it is located; c) All roof signs shall be installed or erected in such a manner that there is no visual support structure. 15.08.100 Wall Signs. All wall signs shall conform to the following provisions: a) Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than 12 inches from the wall; b) The number of wall signs is not regulated; provided the total area of the wall sign(s) may not exceed the area of the wall to which attached; c) Wall signs shall not extend above the height of the wall to which attached. 15.08.110 Temporary Signs. All temporary signs shall conform to the following: a) No temporary sign shall be displayed for more than 30 days at any one time nor more than 90 days during a calendar year; b) There is no limit on the number of temporary signs except that only one portable sign shall be allowed per parcel; c) No temporary sign shall be placed in a required parking 'space or driveway, in the public right-of-way or an easement, or in a required clearview triangle; d) Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. 15.08.120 Directional Signs. a) On-Premise Directional Signs readable from the public right-of-way may be permited in accordance with Table 8-1. On-premise directional signs may contain both directions and the business name or logo provided the business name or logo shall not exceed 50% of the sign area. All on directional signs shall meet the general provisions of this section, and shall not exceed 10 square feet per sign face. b) Off-Premise Directional Signs are permitted where indicated in section 15.08.130(b) provided that: i. Each use located in a district where off-premise directional signs are allowed is permitted one off-premise directional sign; ii. The off-premise sign contains only directional information and does not exceed 32 square feet in area nor 25 feet in height; iii. The off-premise signs are permanently installed on private property; iv. Only one off-premise sign is permitted on a parcel. 15.08.130 Off-Premise Signs and Billboards. a) Billboards are: Class (1) uses in the M-1 and M-2 Districts; Class (2) uses in the CBD and CBDS Districts; Class (3) uses in the B-2 Districts. Billboards may be permitted in these districts after the required level of review. Provided, they meet the provisions of this chapter and all of the following criteria: -66- • i. The maximum sign area does not exceed 672 square feet per sign face; ii. There is not more than one product display per sign face; • iii. There are no side by side panels; iv. Required front yard setbacks are met; • • v. The billboard is not within 300 feet of a residential district. b) Off-Premise Signs are: Class (1) uses in the M-1 and M-2 Districts; Class_ (2) uses in the B-2, CBD and CBDS Districts. Off-premise signs may be permitted in these districts after the required level of review provided they meet the provisions of this chapter and the specific standards for the district in which they are located. • 15.08.140 Multiple Building Complexes and Multiple Tenant Buildings. .1 Purpose - The following provisions shall apply to multiple-building complexes and multiple tenant buildings in the SCC, LCC and CBDS Districts. .2 Number of Freestanding Signs - Each multiple building complex shall be allowed one freestanding sign on each street frontage in accordance with Table 8-2. When the street frontage is longer than 400 feet: a) One additional freestanding sign shall be permitted for each additional 400 feet • • of street frontage or part thereof; or b) A single larger freestanding sign can be erected in accordance with Table 8-2. If option a) is selected, no freestanding sign shall be placed closer than 200 feet to any other freestanding sign or exceed the standards in Table 8-2. These provisions shall also apply to each multiple tenant building, unless it is a part of a multiple building complex. 1 The allowable freestanding sign(s) may be used to advertise one or more of the uses S in the multiple building complex or multiple tenant building. 15.08.150 Freeway Signs. .1 Purpose— The purpose of this section is to permit hotels/motels, restaurants, service stations, and fruit stands, near the freeway a larger on-premise sign to inform freeway travelers of their service. .2 Location - A use with more than one street frontage may substitute a freeway sign for one of its allowable freestanding signs. When the use: a) has frontage on Nob Hill Blvd., Yakima Avenue/Terrace Heights Drive, North 1st Street, North 16th Avenue, or North 40th Avenue and all or a portion of the lot is within 1,000 feet of a freeway interchange, or b) is within 250 feet of the freeway right-of-way. .3 Number of Freeway Signs - Only one freeway sign is permitted on each parcel. .4 Uses with Only One Frontage - Uses within the area described in section 15.08.150.2 with only one street frontage may install a freeway sign in addition to the permitted freestanding sign. .5 Sign Height - The maximum height for freeway signs is shown in Table 8-3. 15.08.160 Legal Nonconforming Signs. Any sign lawfully existing under all codes and ordinances in effect at the time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful, provided that: a) No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and b) If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal structural repair and maintenance;, and, c) The sign is not a hazardous or abandoned sign. 41111 -67- • • 111/1 15.08.170 Administrative Adjustment of Sign Standards Allowed. Administrative adjustment of the sign height, area, and setback standards in this chapter is authorized under the provisions of Chapter 15.10 when a comprehensive design plan is prepared that integrates the sign into the site plan of the project. .1 Comprehensive Design Plan - A comprehensive design plan is required whenever adjustment of one or more sign design standards is proposed. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following: a) The physical components of the sign including sign size, height, shape, color, location and associated landscaping; and b) A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning district; and • c) For multiple tenant buildings and multiple building complexes a description of how the available sign area will be allocated between tenants or leasable spaces. .2 Review Procedures - The reviewing official shall review the comprehensive design plan in accordance with the provisions of Chapter 15.10 and may either approve or disapprove the plan. The reviewing official shall approve the comprehensive design plan and/or adjustments in the standards of this chapter when he finds that such approval would be consistent with the character of the zoning district, compatible with neighboring land uses, and create visual harmony between the sign, structure, and the site where it is located. The reviewing official may also attach conditions to this approval in order to accomplish the objectives of this section and Section • 15.10.030. • 15.08.180 Variances. Except as allowed by section 15.08.170 no reduction of the standards in this chapter is • allowed except pursuant to Chapter 15.21 - Variances. 15.08.190 Violations. Failure to comply with the provisions of this chapter is a violation of this ordinance and punishable under the provisions of Chapter 15.25. • • • -68- CHAPTER 15.09 SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 Purpose. 15.09.020 Special Development Standards for the Overlay Districts. 15.09.030 Common Open Space Requirements. 15.09.040 Zero Lot Line Development. 15.09.050 Performance Standards - Emissions. 15.09.060 Private Road Standards. 15.09.070 Special Development Standards for Service Stations and Other Retail Uses Selling Motor Fuel. 15.09.080 Requirements for Hazardous Materials and Wastes. 15.09.010 Purpose. The purpose of this chapter is to specify certain standards which, under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development. 15.09.020 Special Development Standards for the Overlay Districts. .1 Purpose - The overlay zoning districts are established to coordinate the provisions established in the zoning ordinance with more detailed policies and • standards adopted in other plans and ordinances for the Yakima River Greenway, airport, shorelines, and flood hazard areas. .2 Application - The provisions of this chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay district. .3 Project Review in Overlay Districts - In order to assure the appropriate standards are applied, all Class (1) uses in an overlay district shall be subject to Class (2) review (Chapter 15.14). All Class (2) uses shall be subject to Class (2) review and Class (3) uses in an overlay district shall be subject to Class (3) review. A reviewing official may condition or deny approval of any use, development, or modification thereto, in an overlay district based on the provisions set forth and adopted by this section. .4 Special Development Standards in the Floodplain Overlay Districts - All development in the Floodplain Overlay District shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the county/city. Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city Shorelines Master Program and/or the flood damage prevention ordinance. .5 Special Development Standards in the Greenway Overlay District - All development in the Greenway Overlay District shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan. .6 Special Development Standards in the Airport Overlay District - All development in the Airport Overlay District shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Airport Master Plan. 15.09.030 Common Open Space Requirements. The following provisions shall apply whenever common open space is proposed by the developer, or when required by a reviewing official under Class (2) or (3) review as a 1111 condition of approval. -69- • • .1 Use - The common open space may be used for recreation; shoreline access; landscaping; visual, noise or land use buffer; drainage control; or other uses approved, by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. • Common open space may be used only for those uses specified in the approved final site plan. • .2 Location - The location, shape, size and character of the open space shall be suitable for the type of project. Generally, common open space shall be located: . a) Next to other open space areas; b) So that it buffers the proposed development from neighboring developments; c) To provide access to recreation facilities or link recreational facilities with sidewalks or paths. .3 Retention and Maintenance - The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the, common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedicatiOn will be accepted by the legislative body, a homeowner's association, or any other method approved by the reviewing official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space, and providing that, in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. 15.09.040 Zero Lot Line Development. • • .1 Purpose - Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arranagement of structures, protect environmentally sensitive - areas, or provide more usable private or community open space. .2 Review Required - Zero lot line development'in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by Class (2) review. Zero lot line development may also be approved on lots created before the effective date of this title by Class (3) review. A site plan meeting the requirements of section 15.11.040 or, as applicable, section 15.11.050 shall be prepared for all zero lot line development. • .3 Development Standards - All zero lot line developments shall comply with the standards of Table 5-1, and 5-2, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: • a) Dwelling Unit Setbacks - i. Interior Side Yard Setback Standard - The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except-for patios, pools, fences, walls and other similar elements are permitted within the reqired setback area. • • • -70- • • ii. Rear Yard Setback Standard - The rear yard setback standard is ten feet. iii. Front and Streetside Setback Standards - Front and streetside setback standards shall be those shown on Table 5-1. b) Accessory Building Setback - Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. c) Maximum Lot Coverage - The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1. d) Platting Requirements - Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. e) Openings Prohibited on the Zero Lot Line Side - In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way. f) Maintenance and Drainage Easements - A perpetual maintenance, eave overhang, and drainage easement at least five (5) feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". Water runoff from the dwelling placed on the lot is limited to the easement area. g) Common Open Space and Maintenance Facilities - Any common open space provided shall comply with the provisions of section 15.09.030. 15.09.050 Performance Standards - Emissions. .1 Purpose and Application - The purpose of this section is to provide guidelines • and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in Class (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. .2 Gases, Fumes and Vapors - The emission of any gases, fumes or vapors dangerous to human health, animal life, vegetation or property, are prohibited. .3 Heat - No use shall produce heat significantly perceptible beyond its lot lines. .4 Glare - No use shall produce a strong dazzling light, or a reflection of a strong dazzling light, beyond its lot lines. .5 Vibrations - No use shall cause vibrations or concussions detectible beyond its lot lines without the aid of instruments, with the exception of vibration resulting from construction activity. .6 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. 15.09.060 Private Road Standards. .1 Purpose - The purpose of this section is to establish minimum standards for the development and maintenance of private roads serving, or proposed to serve, new development. These minimum standards are intended to reasonably achieve all-season access for emergency and public utility vehicles to all new lots and new development served by private roads. 41111 -71- .2 When Permitted - Private roads serving new lots or new development may be permitted after Class (2) or (3) review when it is determined that: a) There is no conflict with an existing public or proposed public road. b) There is no conflict with the transportation element of the Yakima Urban Area Comprehensive Plan. c) The private road will adequately serve the new lots and/or new development without creating a need fdr a public road in the future. .3 Minimum Approval Standards - Private access easement/right-of-way widths and improved surface requirements for private roads shall depend upon the maximum number of lots or dwelling units to be served in accordance with the following schedule: Maximum Number of Lots Minimum Private Easement Minimum Surface or Dwelling units to Right-of-Way Width and Surfacing be Served Width , Requirement 1-2 24' (16') Gravel Surface 3-8 35' (20') Hard Surface 9+ 35' (24') Hard Surface These minimum standards may be increased by the reviewing official when it is determined that higher standards are necessary to achieve the purpose of this section. •4 General Requirements a) An owners association, or other method approved by the reviewing official, shall be used to establish a road maintenance fund to provide for perpetual maintenance of all new private roads serving three (3) or more lots or dwelling units. b) Private roads serving three (3) or more lots or dwelling units shall be constructed with provisions for storm drainage sufficient to dissipate one (1) inch of rainfall in a 24 hour period and not permit surface flow onto public streets or adjacent properties. c) Private roadway signs with street designations shall be provided by the developer at the intersection of private roads serving five (5) or more lots with public roads. Names for private roads shall be approved by the city/county engineer depending upon jurisdictional authority. Such signs shall meet the following specifications: 1 P. Varies . NOTES: 1) Lettering and background shall be reflectorized using PRIVATE NOWHERE LANE "Scotch Lite Engineering Grade" sheeting or equal. 2) Signs shall comply with the manual on uniform traffic 1,90AD control devices. 3) Signs shall be securely mounted seven feet above ground 2" white uppercase 4" white uppercase 'C' 2" white uppercase level on a 4'' x 4" post. 'C' series or 'B' series 'C' series d) Any private road which is constructed to a standard less than a City of Yakima/Yakima County standard for public roads shall be retained peremanently as a private road and maintained privately until the road is reconstructed to public road standards and specifications and accepted by the City of Yakima/Yakima County. e) The required traveled surface width of private roads shall be open and unobstructed at all times for use by emergency and public utility vehicles. No parking signs, or other appropriate notice, or both, prohibiting obstructions may be required by the reviewing official and shall be maintained. f) When the number of lots or dwelling units are proposed to be expanded in the future to the extent that a higher roadway standard will be required, the property owner(s) shall, as a condition of development approval, bind himself, heirs, successors and assignees to participate in the construction of necessary roadway improvements. -72- 15.09.070 Special Development Standards for Service Stations and Other Retail Uses Selling Motor Fuel. .1 Purpose - The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. .2 50-Foot Setback from Residential Districts Required - Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions estabished in Table 5-1. .3 Storage and Display of Vehicles Prohibited - No area of any service station or other retail use selling gasoline shall be used for the storage, display, sale or leasing of any new or used vehicle. 15.09.080 Requirements for Hazardous Materials and Wastes. .1 Purpose - The purpose of this section is to protect human health, animal life and the environment by coordinating the land use compatibility and siting standards in this ordinance with more detailed state and federal regulations for the use and disposal of hazardous materials and wastes. .2 Review of Land Uses Involving Hazardous Materials/Wastes - All Class (1) uses involving hazardous materials/wastes shall be subject to Class (2) review (Chapter 15.14). Class (2) uses shall be subject to Class (2) review and Class (3) uses involving hazardous materials/wastes shall be subject to Class (3) review. The reviewing official may condition or deny approval of any development, or modification thereto, involving hazardous materials/wastes when such action is necessary to accomplish the purpose and intent of this section and this title. -73- • • • • • • • • CHAPTER 15.10 CONDITIONS OF APPROVAL/ADMINISTRATIVE ADJUSTMENT OF STANDARDS Sections: 15.10.010 Purpose. 15.10.020 Administrative Adjustments of Some Development Standards Authorized. 15.10.030 Special Conditions of Approval Authorized. 15.10.040 .Authority to Impose Special Conditions Limited in Class (1) Review and Administrative Modification Review. • • 15.10.010 Purpose. The purpose of this chapter is to specify and outline the authority of reviewing officials to impose special conditions of approval, on any permit or approval issued under the provisions of this title and to establish the authority of certain reviewing officials to administratively adjust some of the development standards set forth in Chapters 15.05 through 15.08 of this title. 15.10.020 Administrative Adjustments of Some Development Standards Authorized. The reviewing official shall have the authority to administratively modify and reduce the development standards in Chapters 15.05 through 15.08 of this title when he determines that the adjustment. and/or reduction is consistent with the intent and purposes of the standard and will accomplish one or more of the following objectives: a) Allow buildings to be sited in the manner which maximizes solar access; b) Allow zero lot line or common wall construction in conformance with the provisions of this title; c) Coordinate development with adjacent land uses and the physical features of the site;- d) Permit flexibility in the, design and placement of structures. The reviewing official shall not have the authority to reduce the site design requirements,for minimum lot size, and building height nor the subdivision requirements set forth in Chapter 15.05. • Administrative adjustment of development standards shall be processed under Class (2) review for Class (1) and Class (2) uses and under Class (3) review for Class (3) uses. 15.10.030 Special •Conditions of Approval Authorized. The' development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to: a) Accomplishthe and intent of any development standard or criteria for approval set forth in this title; b) Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise; c) Insure compatibility of the development with existing neighboring land uses; d) Assure consistency with the intent and character of the zoning district involved; e) Achieve and further the expressed intent, goals, objectives, and policies of the Yakima Urban Area Comprehensive Plan and this title. It is the intent of this title to grant broad authority to impose special conditions . to achieve and further the objectives listed above. Such authority shall extend, but no be limited, to the following: • -74- • • 1) Increasing the minimum development standards of this title; 2) Limiting and controlling the dimensions, number, shape, and location of structures, including fences, signs, and buildings; 3) Regulating the number and location of vehicular access points; 4) Requiring the dedication of additional rights-of-way for public streets; 5) Requiring the dedication of public use easements and the recording of the same; 6) Regulating the design, manner and timing of construction of any site improvements; 7) Regulating the hours of operation of any commercial or industrial use; 8) Providing for the maintenance or retention of any regulated site improvement; 9) Requiring and designating the location and size,of open space; 10) Reclamation of any site after discontinuance of use or expiration or revocation of a permit. 15.10.040 Authority to Impose Special Conditions Limited in Class (1) Review and Administrative Modification Review. Unless specifically granted in some other of this title, the authority of the • reviewing official to impose special conditions of approval during a Class (1) review or an administrative modification (Chapter 15.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the reviewing official from denying or conditioning approval of any permit under this title based . on the application of the State Environmental Policy Act (SEPA). • -75- • • 0 • • CHAPTER 15.11 GENERAL APPLICATION REQUIREMENTS • • Sections: 15.11.010 Purpose. 15.11.020 Application Requirements. 15.11.030 Table of Application Requirements. 15.11.040 General Site Plan Form and Contents. 15.11.050 Detailed Site Plan Form and Contents. 15.11.060 Preapplication Conference. 15.11.070 Filing an Application. 15.11.080 Processing Applications. 15.11.090 Notice Requirements. 15.11.100 Fee Schedule and Administration. 15.11.110 Master Applications. 15.11.010 Purpose.' The purpose of this chapter is to specify the general procedures to be followed when processing applications. Additional procedures for particular types of development review are contained in specific sections of this title. 15.11.020 Application Requirements. • All applications shall comply with the following requirements: a) Applications shall be in writing on forms provided by the planning department, or for Class (1) uses, by the building official; b) Applications shall include the information required by Table 11-1 "Application Requirements". For Class (1) and (2) review, the application shall include a general site plan in conformance with section 15.11.040; provided, the reviewing official at his discretion may require additional information to clarify the application or determine compliance with the provisions of this title. For Class (3) review the 'application shall include a detailed site plan in conformance with section 15.11.050; c) All applications, except for Class (1) review, shall be signed by the property owner or his agent authorized in writing to do so; d) Applications shall be-accompanied by the appropriate fee established in this title; e) An application is not complete unless it includes all required information, attach- ments and fees. No application shall be considered officially filed until accepted as complete by the planning department; and, f) Applications for Class (2) and (3) review shall include twenty (20) copies of the site plan required by sections 15.11.040 or 15.11.050, as applicable. 15.11.030 Table of Application Requirements. Table 11-1 "Application Requirements" lists the general information required for each type of application and is included as a part of this section. Individual chapters of this title may contain additional information required for a particular type of application. 15.11.040 General Site Plan Form and Contents. .1 General Site Plan Form - All general site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or authorized by the reviewing official or planning department, the paper size for Class (1) review shall be 8 1/2 inches by 11 inches and, for Class (2) review, 11 inches by • 17 inches. The scale of the drawing shall be a standard engineering or architectural scale and shall reasonably utilize the paper size. • -7b- • • TABLE 11 -1 APPLICATION REOUIREMENT8 PERMIT APPLICATIONS FOR 0 en a u O O O REQUIRED WITH APPLICATION - .-. .. .. a ro v )-1 m <` MAY BE REQUIRED WITH APPLICATION g g a a o � o "' a G ax a, N W W v CO ro rl W ro O W 0 ro> (> ro 9 a ?b H o 4) N .-+ m r-+ m r-+ v a v o ro o u) m U P: U P: U P: d A Z > 7. A PG ■ Name, address, phone number Signature of property owner(s) Signature of applicant Yakima County Taxation Parcel Number & Legal Description Description of proposed action Size of subject property SEPA Checklist (when required) ,10 - :.-:;,i,'' .,: '4 0 0 Application fee General Site Plan (see 15.11.040) Detailed Site Plan (see 15.11.050) Explanation of any adjustment sought from V : 0 F to 0 the standards of this ordinance Draft of any proposed covenants, restrictions ' & easements Citation of the action being appealed (See 15.16.030.3) t 1 The application must include the items shown. Individual chapters of this ordinance may contain additional information required for a particular type of application. • -77- .2 General Site Plan Contents - The general site plan shall include the legal description of the land; north arrow and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon; the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed structures and uses; the size and location of utilities, parking areas, proposed landscaping and sitescreening; and, the location of ingress and egress. The site plan shall also include any other information required by the planning department or reviewing official to clarify the proposal, assess its impacts, or determine compliance with this title. 15.11.050 Detailed Site Plan Form and Contents. .1 Detailed Site Plan - Form - All detailed site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or authorized by the planning department, the paper size shall be 11 inches by 17 inches or larger. The scale of the drawing shall be a standard engineering or architectural scale and shall reasonably utilize the paper size. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site. .2 Detailed Site Plan Contents - The detailed site plan shall show the following where applicable: 1) The boundaries of the site; 2) Names and dimensions of all existing streets bounding or touching the site; 3) The location, shape, size, height and types of all existing and proposed structures and the boundary lines of all proposed and existing lots, tracts, and easements; 4) Proposed location and dimension of "common open space"; 5) Existing and proposed utilities, streets, access easements, and dedication of property; 6) Location, dimension, and design of off-street parking facilities, showing points of ingress to and egress from the site; 7) All major physiographic features, such as railroads, drainage canals and shore- • lines, on or abutting the site; 8) Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage plans; 9) Proposed land uses and densities; 10) Pedestrian and vehicular circulation pattern; 11) Existing and proposed landscaping and sitescreening; 12) Existing sewer lines, water mains, and other underground facilities within and adjacent to the development; 13) Proposed sewer or other waste disposal facilities, water mains and other under- ground utilities; 14) The location of structures on the adjoining lots; 15) A comprehensive sign plan meeting the requirements of section 15.08.170.1; 16) Analysis of soil and geological conditions; and, 17) Any other information specified by the reviewing official, such as: a. Proposed ownership pattern; b. Operation and maintenance proposals (i.e. homeowner's association, condominium, co-op or other); c. Solid waste disposal facilities; d. Lighting; e. Water supply; f. Public transportation; g. Community facilities; h. General timetable of development; i. Floodproofing or other measures to protect against flooding; or, j. Information on design methods to conserve energy. -78- • A detailed site plan for development in the Floodplai'n Overlay District shall also include the following information: 1) Elevation in relation to the 100-year flood level of the lowest floor (including basement) of. all structures; - 2) Elevation in relation to mean sea level to which any structure has been floodproofed; 3) Certification by a registered professional engineer or architect that established floodproofing standards have been met; and, 4) Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. 15.11.060 Preapplication Conference. Prior to submitting an application, the applicant may arrange a conference with the planning department to review the proposed action, to become familiar with the policies, plans and development requirements of the Yakima Urban Area and to coordinate all . necessary permits and procedures. Any information or opinions expressed by the planning staff shall not be binding on the reviewing official or constitute approval of the project. 15.11.070 Filing an Application. All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this title shall be filed with the planning department except that applications for Class (1) uses, or modifications to approved Class (1) uses, shall be made directly to the building official. Any required site plans shall accompany the application. 15.11.080 Processing Applications. Upon receipt of an application or upon referral of an application by the building official, the planning department shall proceed as follows: a) The application shall be reviewed for completeness. If additional information is required, the application shall be referred back to the applicant. If accepted as complete, the department shall begin processing the application'in accordance with this chapter. b) If more than one permit, approval, or action under this title is required, the department shall refer the application back to the applicant for consideration of a master application.under section 15.11.110, withdrawal of the application, or a determination by the applicant of which permit shall be processed first. If no response is received within seven (7) days, the department shall determine the order of processing and forward the application to the appropriate reviewing official. c) A complete application shall be reviewed by the department and referred to the designated SEPA Responsible Official for SEPA review under the provisions of WAC 197-10. No approval or permit shall be issued on the proposal until SEPA review is complete. d) Upon completion of SEPA review, the department shall forward the application, related SEPA documents, if any, and a written report on the proposal, if any, to the appropriate reviewing official. e) The department shall have a maximum of seven (7) days to review the completed application and refer it to the appropriate reviewing official, excluding any time spent in SEPA review. • f) The department shall be responsible for assigning a date and assuring due notice of public hearing for each application requiring review by the hearing examiner. The date and notice shall conform with the statute or ordinance governing the application. g) Upon final action and decision, the reviewing official or legislative body shall transmit its findings and decision to the department. h) If the decision of the reviewing official or legislative body is for approval, and if all other permits, approvals, or actions required under this title have been secured, the planning department shall issue a certificate of zoning review. The certificate of zoning review shall be sent to the building official as authority for issuance of an actual development permit. The certificate of zoning review is official indication of compliance with this title only and shall not relieve any person from requirements of other laws or ordinances nor shall it authorize the • building official to issue a development permit without compliance with other duties or review required by him by law. • • -79- s • , 15.11.090 Notice Requirements. • .1 Table 11-2 - Notice Requirements - Applications for permits, approvals, or action listed in Table'11-2 "Notice Requirements" shall be decided after compliance with the notice requirements set forth therein. Table 11-2 may require more than one type of notice for some applications. Other notice requirements are contained in the provisions of this title dealing with particular types of permits, approvals, or other actions and shall also be followed. In case of conflict between other provisions in this title and Table 11-2 the most lengthy and greater notice requirement shall apply. If no notice is required in.either Table 11-2 or the written provisions of this title, none shall be provided. • .2 Responsibility for Notice - The planning department shall provide all notice requiring first, class mailing or legal publication. When required the applicant shall post the property in accordance with section 15.11.090.3. • .3 Posting Notice - When required, the applicant shall post the subject property with signs provided by the planning department. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular Access to the subject property. The time of posting shall comply with the provisions of Table 11-2. ' .4 Mailing Notice - For purposes of providing legal notice to adjoining property owners, the person or persons shown as the owner on the official records of the Yakima County Assessor's Office shall be considered the property owners. 15.11.100 Fee Schedule and Administration. The legislativebody hereby establishes the following schedule of fees and charges for • variances, rezones, interpretations, appeals and other matters pertaining to this title. The fee schedule, :Fable 11-3, shall be posted in the planning department and may be altered or amended,only by the legislative body. No application, permit, or appeal shall be accepted, processed, approved or issued unless and until the applicable fees and charges have been paid in full. • 15.11.110 Master Applications. Any person proposing a land use project which would require more than one of the permits • or approvals listed in Table 11-1 may submit a master application to the planning department on •orM(s) provided by the department. The master application shall be processed under Class (3) review by the hearing examiner subject to the longest time limitation applicable to any of the required permits or approvals. For purposes of • this section, the hearing examiner's decisions shall have the following effect. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner as to all such permits or approvals shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to appeal to the legislative body pursuant to Chapter 15.16. • • • -80- 410 , , TABLE 11 -2 NOTICE REQUIREMENTS • APPLICATIONS FOR. . . 1 2 3 G 0 a m u M .1.r m Ni G NOTICE REQUIREMENTS • y-r o v 6 0 o v N • v o o l m , 7> m a o o m o C 0 P 0 .y 0 .' 0. � N ml N N A s+ a I a) va va ccia. 6 w o m m � a u H m p .ri NO d Mailed After Preliminary Decision for Approval by the X Reviewing Official 1 v Mailed at Least Ten Days X X 411/1 u Prior to Public Hearing M I a t o a Publication /Posting at a Least Ten Days Prior. to X § c Public Hearing LI Mailing /Publication /Posting a a a at Least Twelve Days Prior a X a X a to Public Hearing a a o o o m To. Parties of Record z X X X z X z X ne 0 u o 4.44 H - H 0 Ho — H H H 1.7 V To Property. Owners Within z X X z- X z X r+ 300 Feet ' a One Legal Notice in A m Official Newspaper X X X a u W < u In Compliance with X { X m 15.11.090.3 and this table o 1 Includes: Class (1) uses; development permits; temporary use permits; some home occupations. 2 Includes: some Class (I) uses; Class (2) uses; permits for temporary hardship units; some home occupations; some modifications to Class (1) and (2) uses. 3 Includes: some Class (2) uses; Class (3) uses; change from one nonconforming use to another; some modifications to Class (2) and. Class (3) development, • including administrative adjustment of development standards for Class (3) uses. -81-- TABLE 11-3 FEE SCHEDULE APPLICATION FOR FEE A. CLASS (1) REVIEW 1 Development Permits for Development Requiring Class (1) Review $NC (governed by the ordinance adopting the uniform building, plumbing, and mechanical codes and the mobile home ordinance) 11 Temporary Uses $NC iii Class (1) Home Occupations Listed in Table 4-2 $25 B. CLASS (2) REVIEW 1 Development Permits for Development Requiring Class (2) Review $175 ii Temporary Hardship Units $ 90 iii Class (2) Home Occupations Listed in Table 4-2 $175 iv Modifications to Class (1) and Class (2) Development Requiring Class (2) Review $175 C. CLASS (3) REVIEW 1 Development Permits for Development Requiring Class (3) Review $210 ii Modifications to Class (3) Development Requiring Class (3) Review Including • Administrative Adjustment of Development Standards for Class (3) uses $210 111 A Change From One Nonconforming Use to Another or Expansion of a Nonconforming Use $145 D. ADMINISTRATIVE ADJUSTMENT OF DEVELOPMENT STANDARDS CLASS (1) AND CLASS (2) USES $ 75 E. ADMINISTRATIVE MODIFICATIONS TO DEVELOPMENT AUTHORIZED UNDER 15.17.040 and 15.17.050. $ 50 F. APPEAL(S) i To the Hearings Examiner $ 90 Id To the Legislative Body $ 90 G. VARIANCE (S) $ 105 H. INTERPRETATION (S) $NC I. REZONE - Acres/0.0-2.99 3.0-9.99 10.0-19.99 20.0-49.99 50.0+ i To Industrial $ 290 $ 400 $ 460 $ 520 $ 550 (MI, M2) ii To Commercial $ 290 $ 400 $ 460 $ 520 $ 550 (B1, HB, B2, SCC. LCC, CBD, CBDS) iii To Residential $ 220 $ 290 $ 320 $ 345 $ 400 (SR, R-1, R-2, R-3). • J. SIGN (S) $25 -82- • CHAPTER 15.12 PERMITS Sections: 15.12.010 Purpose. 15.12.020 Required Permits. 15.12.030 Compliance with Development Permit and Certificate of Zoning Review Required. 15.12.040 Official Index of Approvals to be Maintained as Public Record. 15.12.050 Final Site Plans. 15.12.060 Expiration and Cancellation of Development Permits and Certificates of Zoning Review. 15.12.070 Certificates of Occupancy Required at Discretion of Reviewing Official. 15.12.080 Performance Assurance. 15.12.010 Purpose. The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain administrative provisions concerning permits issued under this title. 15.12.020 Required Permits. .1 Development Permit - Except as provided in section 15.12.020.3 below, no use, 4110 development, or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part without the issuance of a development permit by the building official. .2 Certificate of Zoning Review - No development permit may be issued without the prior issuance by the planning department of a certificate of zoning review for the proposed development or modification to development indicating that the proposal has been through the review procedures of this ordinance and conforms to its requirements. Provided, that proposals for new Class (1) uses and modifications to approved Class (1) uses which are reviewable under Class (1) review only (Chapter 15.13) do not require a separate certificate of zoning review and may be approved directly by the building official. The certificate of zoning review issued by the planning department shall include by reference, or otherwise, any terms and conditions of approval for the project together with any approved final site plan. .3 Exemptions - The following development and modifications to development are exempt from the review and permit provisions of this title. Provided, they do not involve a required site improvement: a) Normal structural repair and maintenance; b) Changes to conforming structures which do not involve structural alterations as that term is defined by this title; c) Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; d) Accessory structures otherwise meeting the specific development standards and requirements of this title and which do not require a building permit under the provisions of the Uniform Building Code as adopted by the city/county; e) Communication towers less than 35 feet in height and which meet the standards of section 15.04.130; f) Exempt signs; g) Yard sales meeting the requirements in section 15.04.060; h) Alteration to land, including grading and leveling, paving, and excavation, the fair market value of which does not exceed $500.00; • i) Sitescreening and landscaping; j) All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements. -83- 0 .4 Development Permit - Issuance in Conjunction with Another Permit - If the building official is designated and /or authorized to review and issue a permit under the provisions of any other county /city code or ordinance applicable to the development, he may require issuance of the development permit under this title to be issued only in conjunction with said other permit. 15.12.030 Compliance with Development Permit and Certificate of Zoning Review Required. .1 Development Permit Compliance Required - Development permits issued on the basis of plans and applications and conditions of approval imposed by the building official and /or on the basis of a certificate of zoning review authorize only the use, arrangement, and construction set forth in the approved plans, application, and certificate of zoning review together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction at variance with that authorized is a violation of this title and is punishable as provided in Chapter 15.25. .2 Site Plan Compliance Required - Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and /or occupier of any property, development, or structure which is the subject of a final detailed or general site plan shall be required to maintain the property and development in full compliance with the terms and conditions of the approved final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as provided in Chapter 15.25. .3 Site Inspection by the Building Official Authorized - The building official is authorized to perform interim and final inspections of all development and modifi- cations to development to assure that it has been established and /or constructed in conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the county /city. 15.12.040 Official Index for Approvals to be Maintained as Public Record. .1 For Class (2) and (3) Approvals - The planning department shall maintain an official index of all approved and currently applicable certificates of zoning review and development permits requiring review and approval by the administrative official and /or hearing examiner. The official index shall include the application, a copy of the certificate of zoning review, and development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and shall be open for public inspection and copying in accordance with the other provisions of law. Such index shall be kept by parcel number so the current applicable provisions of any specific approval issued under this ordinance for such property are available for public inspection and review. Such index may consist of original or certified duplicates of original documents. The planning department and building official shall immediately upon issuance of a certificate of zoning review and development permi -t place the original or certified duplicate in the official index noting the date and time of filing of the document in the index. The official index required by this section shall constitute authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. The planning department, through its department head, shall be the official custodian of said index and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section shall constitute a violation of this ordinance and be punishable as provided under Chapter 15.25. .2 For Class (1) Approvals - The building official shall maintain an official public record of development permits issued under Class (1) review in the same manner and with the same effects as set out in section 15.12.040.1. 0 -84- 15.12.050 Final Site Plans. .1 Final Site Plan Required - Prior to issuance of a certificate of zoning review, the applicant shall provide to the planning department a final site plan. The final site plan shall include the items required of the original site plan pursuant to the requirements of sections 15.11.040 and 15.11.050, as applicable, and shall also show the additions and modifications required by the reviewing official. .2 Final Site Plans - Form and Content - All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, tracing cloth or equivalent material as required by the planning department. Unless the planning department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of sections 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. .3 Filing of Notice of Detailed Site Plan - In every case where a certificate of zoning review or development permit is issued with an associated approved final detailed site plan, the planning department shall file with the Yakima County Auditor a notice of final approval of a binding site plan which shall contain a legal description of the property affected, the permit number or numbers of any approvals or permits issued under this title, and a statement that a binding site plan exists affecting the property described, compliance with which is required for all present or future owners of the property, together with a statement that the binding site plan together with the exact terms and conditions of approval are available for inspection at the city/county, giving the location and hours of inspection of the official index required by section 15.12.040. 15.12.060 Expiration and Cancellation of Development Permits and Certificates of • Zoning Review. .1 Certificate of Zoning Review - Expiration - A certificate of zoning review shall automatically expire and terminate when: a) A new or modified certificate of zoning review has been issued for the same parcel or parcels; or b) A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate; or c) The development permit issued on said certificate expires, terminates, or is cancelled under the provisions of this title. The planning department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The planning department shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County Assessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate. .2 Development Permit and Building Permit Expiration - A development permit shall automatically expire and be terminated when: a) A new or modified develoment permit is issued for the parcel or parcels affected; or, b) The work or action authorized in the development permit has not begun within 180 days from the date of issuance thereof, unless a longer time is specified in the approval itself; or, c) The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself. Provided, that prior to termination and expiration of a development permit under subsections (b) and (c) above, the building official shall give written notice to the applicant at his last known address and to the owner of record as shown on the Yakima County Assessor's parcel index file that the development and building permit is about 411 -85- • to expire. Such notice shall be made by mail at least forty five (45) days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiraton. Should the development and building permit expire, the building official shall take administrative action to reflect cancellation of the permit in the official records of the building official and the planning department and shall send written notice by mail of the fact of expiration to the permit applicant and the'owner of record as shown in the Yakima County Assessor's parcel index together with a notice that further work or action shall not proceed. ' .3 Extension of any Approved Development Permit and/or Certificate of Zoning Review A valid certificate of zoning review and/or a valid development permit may be extended one time only for an additional year by action of the administrative official. Requests for extensions shall be in writing to the planning department and shall be accompanied by the previously approved final general or detailed site plan showing the location and size of any development or work already completed on the project. The administrative official shall review the application without public notice. or hearing and issue his decision within ten (10) days from the receipt of the completed application. The administrative official may (a) approve the extension, (bi approve the extension with conditions to assure the work will be timely completed, or (c) disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The administrative official shall mail his decision to the applicant and shall specify his decision as final unless appealed under the provisions of Chapter 15.16. 15.12.070 Certificates of Occupancy Required at Discretion of Reviewing Official. .1 Purpose - The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Yakima Urban Area Compre- hensive Plan, and the public welfare and interest. .2 Certificate of Occupancy May be Required - As a condition of approval for the issuance of any development permit or certificate of zoning review or any other permit or approval under this title, the reviewing official, including the building official and planning department when engaged in administrative modification review under Chapter 15.17, may require or specify that the approved use or occupancy of • the structure or land may not occur without the issuance of a certificate of occu- pancy issued by the building official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the reviewing official any use or occupancy of the property or structures, in whole or in part, . without the issuance of a certificate of occupancy is a violation of this ordinance and is punishable under the provisions of Chapter 15.25. .3 Procedures - The building official may 'perform interim and final inspection of the development at his own initiative but shall do so within five (5) days of any request made by the permit holder. The building official is authorized to conduct interim and final inspections of the development and may coordinate such inspections with the inspections required by other applicable codes and regulations. .4 Occupancy Prior to Completion - The building official may authorize occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he finds that all the,following conditions are met: a) The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder; • b) It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time; c) Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this ordinance and the Yakima Urban Area Comprehensive Plan; 1 -86- d) Security for the completion of required improvements and terms and conditions of approval has been made in accordance with section 15.12.080 for any public improvements associated with the development; e) The development complies with minimum life and safety codes and the building official has declared the development safe for use. 15.12.080 Performance Assurance. • .1 Purpose - The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improvements imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion. .2 Performance Assurance Required as a Condition of Approval - As a condition of approval of the issuance of any development permit or certificate of zoning review, or any other permit or approval issued under this title, the reviewing official may require security for the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit. .3 The Applicant may Provide Security in the Form of One or More of the Following: a) A cash security deposit with the county/city; or b) A bond; or c) A deed of trust mortgage on the subject or other property. Provided, however, that the quality, sufficiency, amount, and exact form of the security are subject to the approval and satisfaction of the administrative official. Whenever any security is provided by an applicant it shall state directly or by • reference all the following provisions: a) The improvements or performance secured; b) A date or dates of required compliance; c) The amount of the security; d) That the security is in favor of the Yakima County/City of Yakima; e) That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided. .4 Security Deposits - The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section a written agreement shall be made and signed by the administrative official on behalf of the city/county. Security deposits shall be made directly to the administrative official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and type of account and any interest earned thereon shall accrue and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit. If the improvements or performances secured by the deposit are not timely completed, the administrative official shall notify the applicant in writing stating: (1) the nature of the noncompliance and the action necessary to correct the same; and (2) the amount of time in which the applicant has to take corrective action; and (3) that if corrective action is not completed within the time specified that the city/county will apply the funds in the security deposit in order to effect compliance. If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official the city/county shall through its representatives take whatever action that the city/county deems necessary and/or convenient to perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant. -87- .5 Bonds - The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official. • .6 Deeds of Trust - Security provided in the forms of deeds of trust shall comply • with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or performance secured by the deed of trust are not completed, the administrative official shall notify the applicant in writing stating: (1) The nature of the noncompliance and the action necessary to correct the same; and (2) The amount of time in which the applicant has to take corrective action; and (3) That if corrective action 'is not completed within the time specified that the city/county will take corrective action itself and/or foreclose the deed of trust. • On failure of the applicant or permit holder to complete corrective action within the time specified the city/county may, at its option, through its designated represen- tatives either: (1) Take action necessary or convenient to perform or complete the events secured by deed of trust and thereafter institute foreclosure of the deed of trust in any allowed by law; or (2) Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law. .7 Partial Releases - An applicant may request a partial release of any security provided under this section based on partial completion or compliance with the events secured. If the administrative official determines that partial release is warranted he may cause a partial release of security in an amount deemed by him to be appropriate. .8 Applicant and Permit Holder Responsible for Deficiencies - The applicant and/or permit holder is responsible for all costs incurred by the county/city in causing completion of the events secured by any security provided for under this section. If after fully applying the security a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney's fees necessary to collect the same. 111/ .9 Administration - The administrative official. is authorized to sign documents and otherwise administer securities under the provision of this section. 1 • • • • -88- • • CHAPTER 15.13 CLASS (1) REVIEW Sections: 15.13.010 Purpose. 15.13.020 When Required. 15.13.030 Development Permit Application - Class (1) Review. 15.13.040 Review Procedures. 15.13.050 Approval. 15.13.060 Denial. 15.13.070 Appeals. 15.13.010 Purpose. This section establishes procedures for issuance of a development permit for uses requiring Class (1) review. 15.13.020 When Required. Class (1) review is required for any proposed use shown on Table 4-1 as a Class (1) use. Except a Class (1) use shall be referred to the administrative official for Class (2) review when: i. Structural or other physical site improvements are proposed or required by this title and the use has frontage on a designated collector or arterial road, provided this criteria shall not apply to single-family dwellings, duplexes, and their accessory structures. ii. All or part of the parcel proposed for development is in the Floodplain, Airport or Greenway Overlay Districts. • iii. The use as proposed, does not meet one or more of the adjustable development standards in Chapters 15.05 through 15.08. iv. The proposed use includes hazardous materials/wastes as defined in section 15.02.020. v. Access to the development will be by private road. 15.13.030 Development Permit Application - Class (1) Review. Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to the building official on forms supplied by him. A general site plan conforming to the provisions of section 15.11.040 shall accompany the application. The building official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of this title. 15.13.040 Review Procedures. The building official shall review all Class (1) uses for compliance with this title. The building official shall forward all Class (1) uses requiring Class (2) review under section 15.13.020 to the planning department for processing under Chapter 15.14. The building official shall notify the applicant of the approval or denial of the application, request additional information, or forward of the application to the planning department for review. 15.13.050 Approval. The building official shall issue a development permit when he determines that: a) the proposed use is a Class (1) permitted use under Chapter 15.04; b) that the proposed development complies with the standards and provisions of this title, c) that the proposed development complies with other uniform codes in effect and administered by the building official; and d) that any new improvements, or expansion of a structure comply with the standards of this title. 15.13.060 Denial. When an application is denied, the building official shall state the specific reasons and shall cite the specific chapters, and sections of this title upon which denial is based. The building official may also refer the applicant to the planning depart- ment to determine if relief from such denial is avaiable through other application. 11110 15.13.070 Appeals. Any decision by the building official to deny issuance of a building permit for a Class (1) use may be appealed to the hearing examiner under the provisions of Chapter 15.16. -89- • CHAPTER 15.14 CLASS (2) REVIEW Sections: 15.14.010 Purpose. 15.14.020 When Required. 15.14.030 Application for Class (2) Review. 15.14.040 Review Procedures. 15.14.050 Notification of Final Decision. 15.14.060 Issuance of a Certificate of Zoning Review. 15.14.070 Appeals. 15.14.010 Purpose. This section establishes procedures for issuance of a certificate of zoning review for uses requiring Class (2) review. 15.14.020 When Required. Class (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Class (2) review in section 15.13.020; and for other specific reviews established by this title. 15.14.030 Application for Class (2) Review. Applications for certificates of zoning review for Class (2) uses shall be made in • writing to the planning department on forms supplied by the department. A general site plan conforming to the provisions of section 15.11.040 shall accompany the application for Class (2) review. The planning department shall forward the application and site plan to the administrative official for review. The administrative official may request any additional information under the provision of section 15.11.020(b). 15.14.040 Review Procedures. Upon receipt of a completed application for a Class (2) use, the administrative official shall proceed as follows: .1 Preliminary Decision - Within five (5) days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the project should be approved, approved with conditions or denied. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title. .2 Notification of Adjacent Property Owners - When the administrative official's preliminary decision is to approve the application, or approve with conditions, he shall, within seven (7) days forward a notice of the proposal together with his preliminary decision and a copy of the preliminary site plan to all landowners within 300 feet of the exterior boundaries of the project. Such notice shall: a) Indicate that the attached site plan is preliminary and subject to change by the administrator as a condition of approval; and, b) Solicit written comment on the proposal and specify a time period not less than twelve (12) days from the date of mailing, during which written comment may be received and considered by him; and, c) Indicate any standard proposed to be adjusted in accordance with Chapter 15.10; and, d) State that copies of the administrative official's final decision shall be mailed by the administrative official; and, e) The final decision of the administrative official is appealable to the hearing examiner for public hearing and review and such appeal shall be filed within fourteen (14) days from the date of the administrative officials final decision. The administrative official may also, but is not required to, solicit comments from any other person or public agency he feels may be affected by the proposal. -JO- . .3 Administrator's Decision - After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions: a) Approve the site plan and issue a certificate of zoning review; b) Establish conditions for approval, or require other changes in the proposed site plan; c) Authorize adjustments in the basic design standards in accordance with the provisions of Chapter 15.10; d) Request additional or more detailed information including but not limited to a written program for development; e) Refer the site plan to the hearing examiner for review, public hearing and decision; or, f) Disapprove the site plan. .4 Conditional Approval - The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title. .5 Findings and Conclusions -The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title upon which his decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the administrative official's decision complies with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district, and the provisions and standards established herein. 15.14.050 Notification of Final Decision. The administrative official's final decision shall be issued within seven (7) days from the end of the comment period. Further, the administrative official shall mail his findings and decision to the applicant and to other parties receiving initial notice and shall specify that his decision is final unless appealed to the hearing examiner. 15.14.060 Issuance of a Certificate of Zoning Review. No use requiring Class (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. 15.14.070 Appeals. Decisions by the administrative official under Class (2) review may be appealed to the hearing examiner in accordance with Chapter 15.16. -9i- . • CHAPTER 15.15 CLASS (3) REVIEW Sections: 15.15.010 Purpose. 15.15.020 When Required. 15.15.030 Application for Class (3) Review. 15.15.040 Review Procedures. 15.15.050 Notice of Examiner's Decision. 15.15.060 Issuance of a Certificate of Zoning Review. 15.15.070 Appeals. 15.15.010 Purpose. This section establishes procedures for issuance of a certificate of zoning review for uses requiring Class (3) Review. 15.15.020 When Required. Class (3) review is required for any proposed use shown on Table 4-1 as a Class (3) use; for Class (2) uses referred by the administrative official for Class (3) review; and for other specific reviews estabished by this title. 15.15.030 Application for Class (3) Review. Applications for certificates of zoning review for Class (3) uses shall be made in writing to the planning department on forms supplied by the department. A detailed site • plan conforming to the provisions of section 15.11.050 shall accompany the application for Class (3) review. The planning department shall forward the application and site plan to the hearing examiner for review. The planning department or hearing examiner may request any additional information necessary to clarify the application, or determine compliance with this title. 15.15.040 Review Procedures. The following procedures will be followed for the review of Class (3) uses: .1 Report of Planning Department - The planning department shall distribute copies of the site plan to other affected departments, agencies, and jurisdictions for review and comment and shall coordinate and assemble the comments received. These comments shall be included in a report prepared by the department summarizing the proposal and stating the department's findings and recommendations. At least seven (7) calendar days prior to the scheduled hearing copies of the planning department's report shall be filed with the examiner, mailed to the applicant, and made available for public inspection. .2 Public Hearing - The planning department shall be responsible for assigning a date for, and assuring due notice of, a public hearing for each application. Notice of the time and place of the public hearing shall be given as provided for in Table 12-2. The hearing examiner shall hold at least one public hearing prior to rendering any decision. The applicant shall appear in person or by agent or attorney. Failure to do so may constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person or by agent or attorney, or may submit written documents. .3 Examiner's Decision - Within ten (10) days of the conclusion of a hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The hearing examiner may approve, deny, or conditionally approve the proposal. 111 -92- 0 .4 Conditional Approval - The hearing examiner may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title. .5 Findings and Conclusions - The hearing examiner shall prepare written findings and conclusions stating the specific reasons, and .citing the specific chapters and sections of this title upon which his decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the hearing examiner's decision complies with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district, and the provisions and standards established herein. 15.15.050 Notice of Examiner's Decision'. Copies of the examiner's decision shall be sent by certified mail to the applicant and by regular mail to other parties of record in the case not later than three (3) working days following the rendering of a written decision by the examiner. If the effect of the decision isa recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. 15.15.060 Issuance of a Certificate of Zoning Review. No use requiring review by the hearing examiner shall be entitled to a development permit until and unless the hearing examiner approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. 15.15.070 Appeals. Decisions by the hearing examiner under Class (3) review may be appealed to the legislative body in accordance with Chapter 15.16. 0 • • • • 111 -93- CHAPTER 15.16 APPEALS • Sections: 15.16.010 Purpose. 15.16.020 Appeals - Where Filed. 15.16.030 Appeal of Decisions by the Building Official and Administrative Official. 15.16.040 Appeal of Decisions by the Hearing Examiner. 15.16.050 Legislative Body Action on Appeals. 15.16.060 Appeal of Decisions by the Legislative Body. 15.16.070 Effect of Appeals. 15.16.080 Actions not Appealable. 15.16.010 Purpose. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this title. 15.16.020 Appeals - Where Filed. All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the planning department. The department shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. 15.16.030 Appeal of Decisions by the Building Official and Administrative Official. PP Y g .1 Appeal to the Hearing Examiner - Except as otherwise provided, any aggrieved person or agency directly affected by any decision of the building official or administrative official may appeal that decision to the hearing examiner. .2 Appeal - All appeals shall be filed within fourteen (14) days following the issuance of the final decision by the building official or administrative official. Appeals shall be filed with the planning department. .3 Appeals Shall Be In Writing - All appeals shall be in writing on forms provided by the planning department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a department of the city or county. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima Urban Area Comprehensive Plan, this Title, or other provisions of law. .4 Notice - The planning department shall set a reasonable time and place for hearing of the appeal and shall notify the adverse parties of record and the official whose decision is being appealed at least ten (10) days prior to the hearing. Provided, that for the review of a decision of the administrative official made under Class (2) review, the notice prescribed for Class (2) review under this title shall be given. .5 Transfer of Record - The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. .6 Action by the Hearing Examiner - Testimony given during the appeal shall be limited to those points cited in the appeal application except for appeals of decisions of the administrative official made under Class (2) review in which case the appeal shall be de novo. The hearing examiner shall render a written decision • on the appeal within ten (10) days from the conclusion of the hearing unless a longer period is mutually agreed to by the applicant and the examiner. The hearing examiner may affirm, reverse, wholly or in part, or modify the order, requirement, - decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed. .7 Decisions by the Hearing Examiner Shall be Final Unless Appealed - Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body under section 15.16.040. 15.16 Appeal of Decisions by the Hearing Examiner. .1 Appeals - The final decision of the hearing examiner on those applications listed in section 15.20.050.3(a) of this ordinance and on appeals made under section 15.16.030 of this ordinance shall be final and conclusive unless it is appealed to the legislative body within fourteen (14) days following the decision by a person aggrieved, or by any agency of the city/county, affected by the decision in the following manner: (a) The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen (14) days from the date of the examiner's final decision. (b) The notice of appeal shall specify the claimed error(s) and issue(s) which the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the legislative body. .2 Appeal Procedures - (a) The planning department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. (b) The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the planning department. No written argument or memorandum of authorities may be there- after submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen (15) day extension of time within which written argument or memoranda must be submitted, provided that the request for extension is made no later than the last date the memoranda would, otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner. (c) When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been received. 15.16.050 Legislative Body Action on Appeals. .1 General - When the record and the examiner's decision has been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a public meeting by the legislative body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later than twenty days following the date the legislative body receives the information from the planning department. -95- • .2 Public Notice Meeting on Appeals - The clerk of the legislative body shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the legislative body. .3 Site Views - the legislative body may view the site. .4 Scope of Review - Legislative body review of the facts shall be limited to evidence presented to the examiner. The legislative body may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided. .5 Action on Appeal - At the public meeting the legislative body may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner or remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the legislative body renders a decision different from the decision of the examiner, the legislative body shall adopt amended findings and conclusions accordingly. 15.16.060 Appeal of Decisions Made by the Legislative Body. The action of the legislative body on an appeal of the decision of the examiner shall be final and conclusive unless within thirty (30) days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the Superior Court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the Superior court. 15.16.070 Effect of Appeals. The timely filing of an appeal under this chapter stays all action on furtherance of the • application for permit or approval and also stays the effective date of any decision in regards to any such application. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits or approvals. 15.16.080 Actions not Appealable. .1 Generally - Only final actions or decisions of a reviewing or other official may be appealed under this chapter. .2 Procedural Rulings - Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. .3 Enforcement Actions - No enforcement action for violation of this title is appealable except as expressly provided in Chapter 15.25 of this title. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. -96- ����& ���� CHAPTER 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT Sections: 15'17.010 Purpose. 15'17'020 Modification to Permitted Uses Regulated. 15,17,030 Exemptions. 15.17,040 Modification of Approved and Existing Class (1) Uses and Development. 15'17'050 Modification of Approved and Existing Class (2) or (3) Uses and Development. 15'17'060 Appeals. 15'17'070 Fee Credits for Denied mouicioatioos' 15'17.010 eurpnue' This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2) or (3) uses, or certain modifications that may be administratively approved under the provisions of this chapter. 15'17.020 Modification to Permitted Development and Uses aegnzate«' All modifications to existing or approved Class (1), (2) or (3) uses or development are subject to and shall be reviewed under the provisions of this chapter. Provided that an applicant may apply directly for Class (2) or (3) review. Changes in noncon- forming uses and expansions of nonconforming structures are subject to the provisions of Chapter 15'19' Uses or development not legally established prior to or under this title may not be changed or modified under this chapter. S 15'17'030 Exemptions. The following modifications are exempt from the review provisions of this chapter and title, provided that they do not involve a required site improvement: a) Normal structural repair and maintenance; b) Changes to conforming structures which do not involve any structural alteration as defined by this title including the rehabilitation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; c) Alteration to land, including grading, leveling, paving, or excavation, the fair market value of which is less than $500.00/ d) Exempt signs; e) Other items exempt under section 15.12.020.3' 15'17'040 Modification of Approved and Existing Class (1) Uses and Development. Application or review of proposed modifications to approved Class (1) uses and to existing Class (1) uses and which do not amount to a Class (2) or (3) use shall be made to the building official under the provisions of Chapter 15.13, 15'17'050 Modification of Approved and Existing Class (2) and (3) Uses and Development. .1 Application - Requests for modification to an existing Class (2) or (3) use or development and approved Class (2) and (3) uses and uevezomentu shall be made in writing to the planning department on forms supplied by the department and in accordance with the general procedures of Chapter 15.11' A site plan conforming to the provisions of section 15'11.040 shall accompany the application. In the case of an approved Class (2) or (3) use or development, the site plan shall be the site plan previously approved by the reviewing ucxzciaz' The site plan shall also show the location, size, and type of modification proposed by the applicant. -97- • • .2 Determination - Modifications to an existing Class (2) or (3) use or development, or an approved Class (2) and (3) use or development, may be administratively and summarily approved by the planning department if the department determines: a) Any proposed change in the site design .or arrangement: - Will not'increase residential density; and, Will not reduce the amount of required parking or increase the nonconformity of existing parking; and, - Will not result in any structure, circulation or parking area being moved more • than ten feet in any direction or reduce any required yards; and, - Will not change or modify any special condition previously imposed under Class (1), (2) or (3) review; and, - Will not increase the height of any structure; and, ▪ Will not adversely reduce the amount of existing landscaping or the amount or • location 'of required sitescreening; and, . • - Will not expand an existing nonconforming structure or render an existing structure nonconforming; and, - In the determination of the planning department will not create or materially increase any adverse impacts or undesireable effects of the project. • b) Any new use or change in use proposed: - Is a Class (1) or (2) use in that particular district; and, - Is similar in character and hours. to the operation and the use originally . approved or existing; and, - The off - street parking and sitescreening requirements for the new use are equal to or less than the existing use. c) All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of Chapters 15.05 through 15.08. • Any proposed modification that does not meet all the requirements of this subsection shall be denied and be subject to the review procedures of Chapter 15.14 for modifications of Class (1) and (2) uses and Chapter 15.15 for modifications of Class • (3) uses. .4 Decision and Notification of Decision - The planning department shall make and issue a written decision with simple findings and reasons for such decision within ten (10) days following the receipt of the completed application for modification of . development. The department shall mail its decision to the applicant. Denials shall be final unless the applicant, within fourteen (14) days of the mailing of the decision: (1) Files a proper application for Class (2) or (3) review as appro- priate, or (2) Appeals the decision. Decisions to administratively approve modifications shall constitute a certificate of zoning review and shall be forwarded immediately to the building official for• the issuance of a development permit. In the issuance of a decision to administratively approve a modification, the planning department has the authority to impose conditions necessary to assure compliance with the development and design standards of Chapters . 15.05 through 15.08 as would be allowed to the building official.. However, the planning department has no authority to impose special conditions of approval or to adjust site design or development standards. 15.17.060 Appeals. Decisions by the planning department regarding approval or denial of administrative modifications may be appealed to the hearing examiner under the provisions of Chapter 15.16. 15.17.070 Fee Credits for Denied Modifications. In the event of denial of an application for administrative modification and if application for Class (2) or (3) review is made by the applicant within fourteen (14) • days of said denial, he shall receive a credit towards the required fee for such review in the amount of the fee submitted with the application for administrative modification. This provision shall not apply in the event that any appeal of the denial is taken under section 15.17.060. -98- • CHAPTER 15.18 EXISTING USES AND DEVELOPMENT Sections: 15.18.010 Purpose and Intent. 15.18.020 Continuation of Existing Class (1), (2) and (3) Uses. 15.18.030 Continuation of Planned Developments - Limitations. 15.18.040 Continuation of Construction Started. 15.18.050 Modifications to an Existing Class (1), (2) or (3) Use. 15.18.010 Purpose and Intent. Within the zoning districts established by this title, or zoning district amendments that may later be adopted, there may exist uses that were legally established prior to the effective date of this title that are classified under Chapter 15.04 of this title as a Class (1), (2) or (3) use in a particular zoning district. This chapter provides for the continuation of these existing uses even though they have not been through Class (1), (2) or (3) review and may not conform to the development standards of this title. 15.18.020 Continuation of Existing Class (1), (2) and (3) Uses. .1 Generally - Existing uses shall be permitted to continue provided they remain otherwise lawful. 4111 .2 Continuation When an Existing Class (1), (2) or (3) Use is Damaged - Any existing use, including an existing Class (2) or (3) use, that is damaged or destroyed may be replaced as it was immediately prior to the damage after review by the building official. Provided, that if the existing use is in a nonconforming structure, reconstruction of the structure shall occur in accordance with the provisions of section 15.19.060.3 and 15.19.060.4. 15.18.030 Continuation of Planned Developments - Limitations. At the time of the effective date of this title there will exist certain uses which have previously been approved and/or constructed in whole or in part as planned developments under the provisions of preexisting ordinances. This section shall cover the continuation and future use, occupancy, maintenance, modification, and regulation of these special developments and supercedes the terms and provisions of any previous ordinance authorizing or approving said developments. .1 General Policy and Intent - Previously processed and approved planned developments shall be allowed to continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and planned development program. Any modifications or changes to such planned development shall, however, render the entire development subject to the provisions of this title. .2 Designation of Planned Developments for the Purpose of Future Modifications - For purposes of future modifications, previously approved planned developments which would constitute and can be classified as a Class (1), (2) or (3) use under the provisions of this title shall, in conjunction with the terms and conditions of their approval, be considered and are hereby declared to be approved Class (1), (2) and (3) uses. Previously approved planned developments which by use would not be classified as a Class (1), (2) or (3) use shall be considered and are hereby declared to be nonconforming uses. .3 Compliance with Terms and Conditions of Approval Required - The terms, conditions, and provisions of the site plan, planned development program, and enacting ordinance of any previously approved planned development are declared to be and shall remain in full force and effect as the binding site plan and conditions 411, of approval for said development. Noncompliance therewith is a violation of the provisions of this title and subject to the penalties and enforcement provisions herein. -99- 11 110 .4 Completion of Planned Developments'Required Within Two Years - All previously approved planned developments which have not been fully constructed and completed in accordance with the terms and conditions of approval under the provisions of its enacting ordinance, site plan, and program, shall be fully completed and constructed in accordance with those terms, conditions, and provisions within two years of the effective date of this title. Failure to so complete any Previously approved plan development shall constitute a forefeitUre of all rights, privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one year by the administrative official for good cause not within the . control of the applicant, developer, or owner of said planned development. Upon any forfeiture under the provisions of this subsection, all further development, • including the use, or occupancy of any land or structure, or the completion of any structure, is subject to full compliance with the terms and provisions of this title. .5 Voluntary Dissolution of Planned Development - By mutual agreement of the • administrative official and property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a previously approved planned development. Such requests for forfeiture shall be submitted in writing to the administrative official. Upon written approval by the administrative official said planned development shall be dissolved and declared null and void. , . • 15.18.040 Continuation of Construction Started. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual con- struction was lawfully begun prior to the effective date of this title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure for which there exists on the effective date of this title a valid and legally issued permit; Provided, that actual construction commences during the effective period of such permit or one (1) year from effective date of this title. Authority to proceed under: this - section is 'conditioned on all-Work-being done lawfully and carried on deligently until completion and failure to do so shall constitute a forfeiture of such rights. 15.18.050 Modifications to an Existing Class (1) (2) or (3) Use. Modifications to an existing Class (1), (2) or (3) use shall be made in accordance with Chapter 15.17. • • • -100- CHAPTER 15.19 NONCONFORMING USES AND STRUCTURES Sections: 15.19.010 Purpose and znteut' 15,18'020 Illegal Uses, Structures and Lots Not Permitted. 15'19'030 Establishment. 15'19'040 Development on Existing Lpta of Recoru' 15'19'050 Continuation of Nonconforming nseo, 15.19.060 Nonconforming otzoctures' 15,19.070 Change from a Nonconforming Use to a Class (1), (2) or (3) Use. 15.19.080 Reconstruction of a Nonconforming Use and Structure Damaged Beyond 75% of Adjusted Assessed Value - Change from a Nonconforming Use to Another Nonconforming Use - Expansion of a Nonconforming Use or Structure 15'19'090 Modifications of an Approved Site Plan for a Nonconforming Use or atzuctuze, 15.19.100 Discontinuance of a Nonconforming Use or Structure. 15'19'110 Sale of a Nonconforming Use or atc"otore' 15.19.010 Purpose and zuteot' Within the districts established by this title, or amendments that may later be adopted, there may exist lots, structures, and uses which were lawful before this title was adopted or amended, but because of the application of this title, no longer conform to the provisions and standards of the district in which they are 1po=teu' This chapter provides for the regulation of these legal nonconforming lots, structures, and uses, and specifies those circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and ergaou' Except as otherwise provided, it is the intent of this title to permit legal noncon- forming uses or structures to continue to exist without specific limitations as to time. Modifications or changes to or involving such upoconcnrmities are subject to the provision and policies of this title. 15'19'020 Illegal Uses, Structures and Lots not permittem' Structures, lots, required site improvements, uses and/or developments which were not legally established or existing as of the effective date of this title retain their illegal status and must be abated or fully conform and comply with the procedural and substantive provisions of this titze' 15'19'030 ootauziaum=ut' The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the county/city. 15'19.040 Development on Existing Lots of oeooru' In any district, any permitted use or structure may be erected on any existing lot or earoel' Provided that no zero lot line, common wall, duplex or multi-family development shall be allowed on existing lots of record in the SR and R-1 zones unless the lot conforms to the minimum lot size requirements in Table 5-2 or the develoment involves the replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multi -family development. �oi �i x ll � �h � wa , ur ex r - y u section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the uiatziot' Provided that the setback dimensions of the structure shall conform to the regulations of the zoning district in which the lot is situated. Section 15'05'020.2 contains additional provisions for development on nonconforming lots. -101- 15.19.050 Continuation of Nonconforming Uses. .1 Generally - Any legal nonconforming use may continue as long as it remains otherwise luwcuz' Any change or expansion of the nonconforming use shall be made in accordance with the provisions of section 15..19.070 or section 15.19.080. .2 Continuation When a Nonconforming Use is Damaged or Destroyed - The following provisions shall apply when a nonconforming use is damaged or destroyed: a) When a nonconforming use and associated structure are damaged, and reconstruction costs do not exceed 75x of the structures latest adjusted assessed value 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 section 19.060.3. b) When the reconstruction costs of a nonconforming use and associated structure exceed 75* of the structures latest adjusted assessed valuation, the hearing examiner shall determine whether or not the nonconforming use shall be allowed to continue in accordance with the provisions of section 15'1*'080' 15.19.060 Nonconforming Structures. .1 Generally - Any legal nonconforming structure may continue so long as it remains otherwise lawful. A nonconforming t tuce other than a required site improvement may be included in and/or changed as part of any develoment, or modification to development, subject to review and approval under the procedures and provisions of this titze' Provided that nothing in this section shall authorize the expansion or change of a nonconforming structure except as otherwise provided for in this nuaeter' The required site improvements, parking and signs, are subject to the more specific policies on nonconforming parking and signs in Chapters 15'06 and 15'0e which shall control and govern. .2 Maintenance of a Nonconforming Structure - Nothing in this chapter shall be ����U construed to restrict normal structural repair and maintenance of a nonconforming ��N� structure, including the replacement of walls, fixtures and plumbing. Provided, that the value of work and materials in any twelve month period does not exceed twenty- five percent of the adjusted assessed value of the structure prior to such work' This chapter is not intended to apply to the rehablitation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure. .3 Reconstruction of a Nonconforming Structure When Does Not Exceed 75w of its Adjusted Assessed Value - When a nonconforming structure is damaged and recon- struction costs do not exceed 75* of its latest adjusted assessed value, the building official shall issue a development it allowing the t ot to be rebuilt as it was immediately prior to the damage or in a manner that in less nonconforming. Provided, no reconstruction of a nonconforming structure shall be performed without the issuance of a development pezmit by the building orficial' Applications and permits for such reconstruction shall be made in accordance with Chapters 15.11 and 15'12 of this title except that no certificate of zoning review is required. The property owner shall provide the information necessary to reasonably assure the building official that the reconstruction being authorized complies with this oeotiou' The information provided shall include, but not be limited to: 1) a general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being damaged; and, 2) where a nonconforming use is involved, a written narrative describing the use or uses that existed immediately prior to damage; and, 3) an affidavit or certificate that the narrative and site plan accurately represent the nonconforming structure and/or use as they were immediately prior to damage. The building official may approve re- construction in conformance with the site plan or in a manner that is more conforming with the provisions and standards of the zoning district in which it is located. If the building official determines that the requested reconstruction amounts to an expansion of the nonconforming structure he shall forward the appzioatinn to the hearing examiner for review under the provisions of section 15.19.0e0' • -102- ����N ��NN� .4 Reconstruction of a Nonconforming Structure When Damage Exceeds 75a of its Adjusted Assessed Value - The following provisions shall apply when the reconstruction costs for a damaged nonconforming structure exceeds 75% of its adjusted assessed value: a) When a damaged nonconforming structure was used for an approved or existing use, any reconstruction of the structure shall occur in accordance with the provisions of this title' Provided that one or more of the basic development standards may be adjusted in accordance with the provisions of Chapter 15'10' b) When a damaged nonconforming structure was used for a nonconforming use it may be replaced as it was before or in a manner that is less nonconforming upon approval by the hearing examiner in accordance with section 15,1e'080' 15'1*.070 Change from a Nonconforming Use to a Class (1), (2) or (3) Use. The following procedures shall be followed for changing a nonconforming use to a Class (1), (2) or (3) use: .1 Change to a Class (1) Use - Application for changing nonconforming use to a Class (1) use shall be made under the provisions of Chapter 15'13 Class (1) Review. .2 Change to a Class (2) Use - Application for changing a nonconforming use to a Class (2) use shall be made and reviewed under the provisions of Chapter 15'14 Class (2) aeview' The administrative official may approve the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district and the provisions and standards established herein. .3 Change to a Class (3) Use Application for changing c mi to Class (3) use shall be made and reviewed under the provisions of Chapter 15.15 Class (3) ueview' The hearing examiner shall hold at least one public hearing on the proposed change prior to rendering a decision. The hearing examiner may approve the proposed Class (3) use when he determines it is compatible with the objectives of the Yakima Urban Area Comprehensive Plan and the purpose and intent of this title. 15'1*'080 Reconstruction of a Nonconforming Use and Structure Damaged Beyond 75% Adjusted Assessed Value - Change from a Nonconforming Use to Another Nonconforming Use - Expansion of a Nonconforming Use or atrootoze' The following procedures shall be followed to change a nonconforming use to a different nonconforming use, expand a nonconforming use throughout a structure, expand a nonconforming structure or use throughout a lot or onto an adjoining lot, or replace a nonconforming use and structure damaged beyond 75% of its adjusted assesed value. .1 Application - The application procedures shall be the same as those established in section 15'15'030 for Class (3) uneu' A detailed site plan conforming to the provisions of section 15.11'050 shall accompany any applications required by this section. .2 Public Hearing and Review - The planning department sxall review and process the appliction under the provisions of section 15.15.040. The hearing examiner shall hold at least one public hearing. Within ten (10) days after the public hearing, unless a longer period is agreed to on the record or in writing by the applicant, the hearing examiner shall render a written decision. .3 Conditions for Approval - The hearing examiner may grant the relief requested if he finds all of the following: a). That the expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety or welfare; and, b) That the proposed expansion, change, reconstruction or replacement is com- patible with the character of the neighborhood; and, in the case of an ex- pansion or change, moves the nonconforming use and/or structure towards compliance with the provisions of this title, and the intent of the zoning district in which the nonconformity is located in a manner that is significant and readily perceptible; and, -103- • c). That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public interest iesulting from denial of the relief requested; and, d) That the use or structure was lawful at the time of its inception; and, e) That the value of nearby properties will not be significantly depressed by • approving the requested • expansion, change, reconstruction or replacement. The expansion, change, reconstruction or replacement requested shall be denied if the hearing examiner finds that one or more of the provisions a-e are not ,met. .4 Findings and Conclusions - The hearing examiner shall prepare written findings and conclusions stating the specific reasons for his decision to approve, approve with conditions, or deny the application. The findings shall include the hearing examiner's determination regarding compliance of the proposed expansion, change, reconstruction or replacement with the criteria established in .3 above. The hearing examiner shall issue a certificate of zoning review in accordance with • section 15.15.060 upon approVal of an application and accompanying site plan. .5 Conditional Approval - When approving a change in, or the expansion, recon- struction, or replacement of a nonconforming use or structure, the hearing examiner may attach conditions to the proposed change, expansion, replacement or reconstruction or any other part of the development in order to assure that the development is improved, arranged and screened to be compatible with the objectives of the Yakima Urban Area Comprehensive Plan, this title, and neighboring land uses. 15.19.090 Modifications of an Approved Site Plan for a Nonconforming Use or Structure. Site plans approved for the change, expansion, reconstruction or replacement of a nonconforming use or structure may be modified under the provisions of Chapter 15.17. 15.19.100 Discontinuance of a Nonconforming Use or Structure. A nonconforming use or structure shall become discontinued when it: 111 a) Is succeeded by a Class (1), (2) or (3) use; or, b) Is succeeded by another use or structure that is less nonconforming; or, c) Is discontinued and not re-etablished within twelve months; or, • d) Is damaged and application for rebuilding or replacement is not made within six months of such damage; or, e) Is damaged to the extent that reconstruction costs exceed 75% of the latest adjusted assessed valuaton and the replacement of the nonconforming use and structure is denied by the hearing examiner in accordance with the provisions of section 15.19.080. When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus looses its status as a legal nonconforming use. Any subsequent use shall conform the provisions of the use district in which it is located. 15.19.110 Sale of a Nonconforming Use or Structure. Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or use a nonconforming structure. • • • -104- CHAPTER 15.20 ADMINISTRATION Sections: 15'20'010 Purpose. 15.30'020 Building and Enforcement Official: outi:s and evwcco' 15.20.030 Planning Department: Duties and Powers. 15.20'040 Administrative Official: Duties and Pvwers' 15.20.050 Hearing Examiner: Duties and Powers. 15.20.060 Regional Planning commiooioo 15'20'070 Legislative Body. 15.20.080 No Personal Liability for Acts or Omissions. 15,20.090 Coordination with County/City. 15 aV �oo Entrance Onto Private Property. ' ' � x' 15'20'110 Statement of Zoning District by City or County Officials/Reliance Limited. 15.20'120 Computation of Time. 15 �u nzo Purpose. ' ' e. The purpose of this chapter is to define the responsibilities, and requirements for the administration, enforcement, and interpretation of this title. 15'20'080 Building and Enforcement Official: Duties and Powers. .1 Office Established - The building and enforcement official (building official) ����� sxazz be that person designated by the legislative body to enforce the provisions of ��mr the building code and administer the assigned provisions of this title, or his designee. .2 Authority and Duties - The building and enforcement official shall have the following powers and responsibilities: a) Receive, examine, and process applications for Class (1) oaea, b) Issue development permits for Class (1) uses in compliance witu the provisions of this title. Development permits for uses requiring review and approval by the administrative official or hearing examiner shall be issued only after receipt of a certificate of zoning review from the reviewing occiniul' c) Conduct inspections to determine compliance or noncompliance with the terms of this titze' d) Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application. e) Stop, by written order, work being done contrary to the development permit or to this ���� Such written order, posted the premise involved, x �z � u a �. uc ° �n e , �ou � on c prem �c a a not be removed except by order of the building officiaz' Removal without such order shall constitute a violation of this title' f) Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or occupancy of a structure or land, and/or restrain, correct, or abate such violation. g) Perform any other act or duty authorized or assigned to him under provisions of this title. All decisions of the building and enforcement official shall be final unless appealed to the hearing examiner under Chapter 15.16. -105- 15.20.030 Planning Department: Duties and Powers. .1 The Planning Department shall have the following powers and responsibilities: a) Issue certificates of zoning review under the provisions of this title. b) Receive, record and file all applications for permits, approvals or other action, including Class (2) and (3) review, and applications for appeals, interpretations, variances and rezones. • c) Review and decide modifications to approved Class (2) and (3) uses and existing Class (1), (2) and (3) uses under the provisions of Chapter 15.17. d) Provide staff support to the regional planning commission on all long range planning matters and proposed ordinance amendments. e) Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body. f) Provide staff support to the hearing examiner, and legislative body. g) Perform any other act or duty authorized or assigned to it under the provisions of this title. h) Maintain the official index of all permits and approvals under this title. 15.20.040 Administrative Official: Duties and Powers. .1 Office Established- The administrative official shall be the director of the planning department or his designated representative. .2 Authority and Duties - The administrative official shall have the following powers and responsibilities: a) Receive, review and adjudicate all site plans requiring Class (2) review. b) Receive, review and decide applications for temporary hardship unit permits, basic design standard adjustments and any other application for permit or approval assigned to him under provisions of this title. c) Perform any other function or duty authorized or assigned to him under the provisions of this title Decisions of the administrative official may be appealed to the hearing examiner under Chapter 15.16. 15.20.050 Hearing Examiner: Duties and Powers. .1 Office - The office of hearing examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term hearing examiner is used herein shall include deputy examiners and examiners and pro tem. The hearing examiner shall be jointly hired and appointed by the City of Yakima and Yakima County. .2 Authority and Duties - The examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. .3 Effect of Decisions - • a) The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to section 15.16.040: 1. Class (3) review decisions; 2. Variance requests; 3. Home occupations; 4. Revocation proceedings under Chapter 15.24 of this title; 5. Nonconforming uses; 6. Appeals of decisions by the building official or administrative official; and, 7. Any other authorized decision not expressly listed in (b) below. b) The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body. Provided, that rezone applications • initiated by the city or county to implement a newly adopted or amended compre- hensive plan or which are of broad general applicability shall be heard by the regional planning commission. -106- 41) 15.20.060 Regional Planning Commission. .1 Establishment and Jurisdiction - The regional planning commission was established by the Yakima Urban Area Regional Planning_Agreement in 1977. The commission is organized under RCW 36.70 and serves as a citizen advisory group to the legislative bodies on long range planning matters. '.2 Authority and Duties a) As the long-range planning body for the Yakima Urban Area, the regional planning commission shall monitor the growth and development of the Yakima Urban Area and continually re- evaluate and recommend revisions to the Yakima Urban Area Compre- hensive Plan and this title. b) Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative. c) Study and report on all proposed text amendments to this title. d) Review and report to the joint board at least once every five (5) years commencing on the date of enactment of this title. This five year report shall: 1. Analyze the extent to which development has actually occurred in the Yakima Urban Area and evaluate this title in terms of its ability to guide growth in conformance with the Yakima Urban Area Comprehensive Plan. 2. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Yakima Urban Area over the next 20 years. 3. Analyze !the need for any other regulations imposed by this title in terms of changed conditions since the last review. e) Advise the legislative body on land use matters. f) Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner. g) Perform any other function authorized by law. 15.20.070 Legislative Body. .1 Authority and Duties - The legislative body shall have the following authority and duties: a) Decide appeals from the hearing examiner as specified in Chapter 15.16. b) Amend this title through the procedures outlined in Chapter 15.23 of this title. c) Amend the Yakima Urban Area Comprehensive Plan. d) Perform any other act or duty authorized by law. 15.20.080 No Personal Liability for Acts or Omissions. Each person responsible for the enforcement or administration of this title and each official responsible for making any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsibilities. If the person or member is sued for acts or omissions occurring in good faith discharge of his or her responsibilities, the county /city shall defend and provide legal representation of the person or member until final disposition of the proceedings. The county /city shall reimburse the person or official for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his or her duties. 15.20.090 Coordination with County /City. .1 Purpose - While this title is enacted and administered separately by the City of Yakima /County of Yakima, it constitutes a significant joint planning effort and the furthernace of jointly developed and adopted land use policies and ordinances within the Yakima Urban Area. The purpose of this section is to encourage and to authorize officials performing duties and responsibilities under this title to S solicit and consider comments from the other entity and to authorize the recognition of the joint nature of this ordinance as a factor in decision making. -107- .2 Coordinated Administration - Any official performing duties or responsibilities under the provisions of this title may solicit, receive, and consider comments by the county/city, in any interpretive, administrative, enforcement, permit or approval, or other decision under the terms of this title. Uniform and coordinated administration, enforcement, and decision making under the -cerms of this title between the City of Yakima and County of Yakima is declared to be a significant policy/goal of this title ance and may be considered as a factor in any interpretive, administrative, enforcement, quasi-judicial, or legislative.decision under the provisions of this title. 15.20.100 Entrance Onto Private Property. The planning department and any reviewing official, or their authorized representatives, shall have the right of entry onto any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or required under the provisions of this title for the purpose of inspecting and reviewing the premises in question. This right of entry extends to any employee, officer, or other person in the company of such authorized persons. 15.20.110 Statement of Zoning District by City or County Officials/Reliance Limited. Any person wishing to know and inquire of the county/city as to the official zoning district classification allowed by this title for a specific parcel of property may submit a written request for such information to the appropriate planning department on forms prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel involved. The planning department shall respond to such requests and designate, if possible, the official zoning classification of such property. No person contemplating the sale or purchase of any property, nor any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written representation of zoning district classification by any county/city employee or official except when an official statement of zoning classifi- cation is issued in writing under the provisions of this section. 15.20.120 Computation of Time. In computing any period of time prescribed or allowed by this title the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a 4 111) Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays,' Sundays, and legal holidays shall be excluded in the computation. • —108- CHAPTER 15.21 VARIANCES Sections: 15.21.010 Purpose. 15.21.020 Application. 15.21.030 Criteria for Variance Approval. 15.21.040 Additional Criteria for Variance Approval in the Floodplain and Airport Overlay Districts. 15.21.050 Public Hearing by the Hearing Examiner. 15.21.060 Action by the Hearing Examiner. 15.21.070 Notice of Examiner's Decision. 15.21.080 Appeals. 15.21.010 Purpose. The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title. Provided, such variance would not be contrary to the public interest and the strict application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the property. It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the pro- ", perty. 15.21.020 Application. A written application requesting a variance shall be submitted to the planning department under the applicable provisions of Chapter 15.11. 15.21.030 Criteria for Variance Approval. A variance shall be granted only when the applicant demonstrates that the variance will not contrary to the public interest, is not self-created, and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant must clearly establish and substantiate that the request for variance conforms to all the requirements and standards listed below: a) That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhod or otherwise detrimental to the public welfare. b) That granting the variance will not permit the establishment of any use not permitted in a particular zoning district. c) That unique circumstances exist. There must exist special circumstances or con- ditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure. d) That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property in question and evidence of variance granted under similar circumstance shall not be considered. Neither nonconforming uses or neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance. e) That granting of the variance is necessary for the reasonable use of the land or structure and that the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose. -109- 15.21.040 Additional Criteria for Variance Approval in the Floodplain and Airport Overlay Districts. When considering a variance in the Floodplain and Airport Overlay Districts, the hearing examiner shall consider, in addition to the conditions in section 15.21.030, all technical evaluations, standards applying to the overlay district, and: 1) the danger to life and property due to flooding or airport conflicts; 2) the importance of the services provided by the proposed use to the community; (3), the necessity to the facility of a waterfront or airport location; 4) the availability of alternative locations for the proposed use which are not subject to flooding or airport hazards; 5) the compatibility of the proposed :Ise ,with existing and anticipated development; and 6) the relationship of the proposed use to the Airport Master Plan and Floodplain., Management Program. -- 15.21.050 Public Hearing by the Hearing Examiner. A public hearing shall be held and notice provided under the provisions of Chapter 15.11. The applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person,or by agent or attorney, or may submit any written comments. 15.21.060 Action by the Hearing Examiner. Within ten (10) days of the conclusion of the hearing, unless a longer period is agreed to the record or in writing by the applicant, the hearing examiner shall file a written on decision that shall include the following considerations: a) The testimony at the public hearing; b) The extent to which the'proposed variance is in compliance with the requirements of section 15.21.030 and section 15.21.040, if applicable; c) That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, or structure; and d) The consistency of the variance with the general purpose and intent'of this title. The hearing examiner may attach conditions to the approval of a variance to minimize the impacts of such approval on the neighborhood. The application for a variance shall be denied if the hearing examiner finds that one or more of the provisions of section 15.21.030 are not met. 15.21.070 Notice of Examiner's Decision. Copies of the examiner's decision shall be mailed to.the applicant and to other parties of record not later than three (3) days following the filing of the decision. "Parties of record" shall include the applicant and all other persons who specifically request notice of the decision by signing a register provided for such purpose at the public hearing. 15.21.080 Appeals. Decisions by the hearing examiner may be appealed to the legislative body in accordance with Chapter 15.16. • • -110- CHAPTER 15.22 INTERPRETATIONS Sections: 15.22.010 Purpose. 15.22.020 Written Request for Interpretation. 15.22.030 Review by the Hearing Examiner. 15.22.040 Notice of Examiner's Decision. 15.22.050 Use Interpretations. 15.22.060 Interpretations of Zoning District Boundaries. 15.22.070 Appeals. 15.22.010 Purpose. The purpose of this section is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map which it incorporates, and the rules and regulations adopted pursuant to it. 15.22.020 Written Request for Interpretation. A written request for interpretation of any provision of this title, use or nonuse, the zoning map, or any rule or regulation adopted pursuant to this title shall be submitted to the planning department. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. No fee shall be required. 4110 15.22.030 Review by the Hearing Examiner. The planning department shall within five (5) days of the receipt of any request for interpretation forward all applications for interpretation to the hearing examiner for decision. The hearing examiner may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment. In addition, the hearing examiner may, at his sole discretion, schedule and hold, after such notice he determines appropriate, a public hearing on any proposed interpretation issue. 15.22.040 Notice of Examiner's Decision. The hearing examiner shall mail a written copy of his interpretation to the applicant, the Yakima County Planning Department, the City of Yakima Department of Community and Economic Development, and their respective administrative officials. Such notice shall be provided within thirty days from the date of his receipt of an application for interpretation or such longer period of time as may be agreed to by the applicant. The hearing examiner shall clearly state the analysis and reasons upon which any interpretation is based and if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in section 15.22.050. The planning department shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. 15.22.050 Use Interpretations. .1 Conditions for Issuing Use Interpretations - The following conditions shall govern the hearing examiner in issuing use interpretations: (Also see section 15.04.040 - Unclassified Uses). a) No use interpretation shall allow the establishment of any use in a particular zoning district which was previously considered and rejected by the legislative body during a text or map amendment. 4111 -111- b) No use interpretation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table * z - �o on o e - ' c) No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular uiutrict, 15.22.060 Interpretations of Zoning District oouuuazico' The hearing examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The hearing examiner shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map: a) Boundaries shown as following or approximately following the city limits, platted lot lines, or section lines, half-section lines, or quarter section lines shall be construed as following such lines. b) Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets. c) Boundaries shown as following or approximately following railroad lines shall be construed to lie midway betwen the main tracks of such railroad lines' d) Boundaries shown as following or approximately following shorelines of lakes, rivers and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual a»oreline' e) Boundaries shown as following or approximately following the centerline of streams, rivers, lakes or canals shall be construed as following such renterlineu' In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning boundary shall be construed as moving with the channel centerline. f) Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. 15'22.070 Appeuzo' The hearing examiner's decision on an interpretation may be appealed under the provisions of Chapter 15'16' ~�~ -112- 4 10 CHAPTER 15.23 AMENDMENTS AND REZONES Sections: 15.23.010 Purpose. 15.23.020 Text Amendments. 15.23.030 Rezones - Zoning Map Amendments. 15.23.040 Appeals. 15.23.050 Classification of Annexed Lands. 15.23.010 Purpose. From time to time a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the intent of this title. 15.23.020 Text Amendments. .1 Initiation - An amendment to the text, standards, procedures or other provisions of this title may be initiated by action of the legislative body with jurisdiction or the regional planning commission. el .2 Action by the Legislative Body - Any amendments in this title shall be by action of the legislative body with jurisdiction after a recommendation thereon from the regional planning commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 36.70 as it now exists or is hereafter amended. 15.23.030 Rezones - Zoning Map Amendments. .1 Initiation - An amendment to the zoning map may be initiated by: a) Resolution of the legislative body with jurisdiction or the regional planning commission; or b) A rezone application filed by the property owner(s). .2 Application - All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of section 15.11.080. The application shall include the information required in section 15.11.030 and the signature of the owner(s) of the property. .3 Public Hearing by the Hearing Examiner - Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner for public hearing and review. Provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability shall be heard by the regional planning commission under the provisions of RCW 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. .4 Recommendation by the Regional Planning Commission - The regional planning commission, may if requested by the hearing examiner, submit a recommendation on the proposed rezone to the hearing examiner prior to the issuance of his decision. The recommendation of the regional planning commission shall in no way be binding on the hearing examiner. ID -113- .. . .5 Decision by the Hearing Examiner - Within ten (10) days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: a) The testimony at the public hearing; b) The suitability of the property in question for uses permitted under the proposed zoning; c) The recommendation from interested agencies and departments; d) The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of this title; e) The adequacy of public facilities, such as roads, sewer, water and other required public services; f) The compatibility of the proposed zone change and associated uses with neighboring land uses; and, g) The public need for the proposed change. Notice of the hearing examiner's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body. .6 Action by the Legislative Body - Upon receipt of the hearing examiner's recommendation for approval of a proposed rezone the legislative body shall hold a public meeting and affirm or reject the hearing examiner's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in section 15.11.090. In either case, the findings of the legislative body shall include the considerations established in section 15.23.030.5. .7 Time Limit and Notification - Proposed amendments shall be decided by the • legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. 15.23.040 Appeals. The decision of the legislative body shall be final and conclusive unless within 30 days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the Superior Court, the parties may agree to provide a verbatim audio record of the proceedings for review by the Superior Court. 15.23.050 Classification of Annexed Lands. The zoning of land hereafter annexed to the City of Yakima shall not change upon annexation. Provided the city council may initiate and consider a rezone of the property proposed for annexation under the provisions of Chapter 15.23 and may adopt the zone change upon annexation. -114- • CHAPTER 15.24 REVOCATION OF PERMITS OR APPROVALS Sections: 15.24.010 Authority. 15.24.020 Grounds for Permit Revocation. 15.24.030 Public Hearing by the Hearing Examiner. 15.24.040 Decision by the Hearing Examiner. 15.24.050 Notice of Examiner's Decision. 15.24.060 Permit Revocation Not an Exclusive Action. 15.24.070 Appeals. 15.24.080 Violation. 15.24.010 Authority. The hearing examiner may, under the provisions of this chapter and upon petition by the building official, administrative official or the legislative body, revoke or modify any permit, certificate of zoning review, variance, home occupation permit, temporary hardship permit or other permit or approval previously made or granted under the provisions of this title. 15.24.020 Grounds for Permit Revocation. Such revocation or modification shall be made only on one or more of the following grounds: a) That the approval was obtained by fraud or material mis-representation; • b) That the permit or approval is being, or has been recently, exercised or used contrary to the terms or conditions of such permit or approval or in violation of any other statute, ordinance, or law, and administrative efforts by the planning department and/or building official have been ineffective. 15.24.030 Public Hearing by the Hearing Examiner. The hearing examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice of such hearing and its purpose shall be given to the holder of the permit and the legal title holder of the property at least ten (10) days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the property in a conspicuous place and mailed to the last known address of the permit's applicant. 15.24.040 Decision by the Hearing Examiner. Within ten (10) days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His written decision shall include the following considerations: a) The testimony at the public hearing; b) The recommendation from interested agencies and departments; and, c) The grounds for permit revocation established in section 15.24.020. The hearing examiner may, on his own motion or upon request of the permit holder, defer the effective date of any revocation and grant the permit holder an opportunity to affirmatively demonstrate to the examiner compliance with this title or correction of any violation. The examiner may grant or impose interim terms and conditions on the continued use, construction, alteration, or occupancy of the premises covered by the permit or approval. 15.24.050 Notice of Examiner's Decision. Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation not later than three days following the filing of the decision. -115- 15.24.060 Permit Revocation Not an Exclusive Action. The provisions of this chapter are completely supplemental to other provisions of this title. Provisions herein are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized under this title. 15.24.070 Appeals. Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with Chapter 15.16. 15.24.080 Violation. Continued use or occupancy of land or structures after the effective date of any re- vocation and with knowledge that a permit or approval has been revoked under this chapter constitutes a special violation of this title and is punishable under section 15.25.020.2 • -116.- 0 CHAPTER 15.25 VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION Sections: 15.25.010 Violations Unlawful. 15.25.020 Criminal Penalties. 15.25.030 Civil Penalty. 15.25.040 Continued Violations - Remedies and Penalties. 15.25.050 Persons Liable. 15.25.060 Enforcement and Administration. 15.25.070 Collection of Civil Penalties. • 15.25.080 Disposition of Civil Penalties Collected. 15.25.010 Violations Unlawful. Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful. 15.25.020 Criminal Penalties. .1 General Penalties - Any person, firm or corporation violating any of the provisions of this title, or violating or failing to comply therewith, or violating or . failing to comply with any order made or issued pursuant thereto (unless otherwise stated) shall for each and every violation and noncompliance respectively, be guilty of a misdemeanor. Any person so convicted shall be punished for each offense by a fine or not more than five hundred dollars ($500) or by imprisonment for not more III than ninety (90) days, or by both such fine and imprisonment. Provided, that except for the violations specified in section 15.25.020.2 and section 15.25.060.4 a person not previously convicted of any violation of this title and who is not convicted of more than one violation shall be punished by a fine only, not to exceed five hundred dollars ($500). .2 Special Penalty - Any person who continues to use or occupy land or structures with knowledge that a permit or approval has been revoked under Chapter 15.24 of this title shall, upon conviction thereof, be punished for each offense by a fine of not less than $250 nor more than $500 or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. The minimum fine imposed by this section shall not be suspended or deferred. .3 Abatement - Persons convicted for violations of this title may be ordered by the court to abate any use or structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner provided by law. 15.25.030 Civil Penalty. In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of $50.00 per day is hereby imposed upon any person, firm, or corporation which violates the provisions of this title. Such civil penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to section 15.25.060.3 and shall continue until the violation is corrected. The civil penalty constitutes a personal obligation of the person or persons to whom the notice of noncompliance set forth in section 15.25.060.3 is in effect. The prosecuting attorney/city attorney, on behalf of the county/city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay not terminate the accrual of •additional civil penalties so long as the violation continues. , If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the building official shall cause a notice of lien to be • -117- filed in the Yakima cnon. y Auditor's nzfice' Said notice of lien shall contain the legal description of the property and a copy z the notice of violation, together with proof of service of the notice of noncompliance as set forth in section 15'25.060'3' As of the date of filing of such notice of lien, a lien shall exist in favor of the city or county (whichever takes the action) to secure the payment of the civil penalty imposed by this titze, Any person who takes or acquires any interest in said property subsequent to filing of said notice of lien shall take subject to said lien. The lien may be foreclosed uy the county/city in the manner provided by law for the foreclosure of mortgages. 15'25'040 Continued Violations - Remedies and eeuurtieo. An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or u=zects' a) Each seven (7) day period that any violation continues after the effective date for correction as set forth in the notice of noncompliance provided in section 15'25'060 shall constitute a separate criminal offense unless time for correction is otherwise expressly extended in writing by the building and enforcement official or unless otherwise stayed as authorized under this title. Provided, that where the building and enforcement official has ordered any work or occupancies or where any certificate or permit of approval has been revoked or suspended, each and every day that such work or occupancy continues or is permitted to continue shall constitute a separate criminal occeone' b) Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty as set forth in section 15.25.030 in the amount of $50'00 per day from the date set for correction pursuant to said provisions until the violation is rozzecteu' c) In addition to any criminal or civil proceedings authorized under this chapter to enforce this title and in addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of such actions, violations of this title are declared to be public nuisances. ����N d) The prosecuting attorney/city attorney on behalf and the public ��� may pursue civil remedies to encorce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided herein or as otherwise provided by law to enforce compliance with or recover damages for its viozatioo' Provided, that a private may not pursue to enforce the civil penalty as set forth in subparagraph (b) herein and in section 15,25'030, e) Any person, firm, or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney's cees' The remedies provided for in this chapter are accumulative and in addition to any other remedy available at law or equity. 15'25'050 Persons Liable. The owners, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice, a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in section 15,25'020 and may be held jointly and severally liable in civil action brought to enforce the provisions of this title. 15.25.060 Enforcement and Administration. .1 General - The building and enforcement official is hereby authorized and directed to enforce the provisions of this title. The building and enforcement official may employ, appoint and designate such employees, representatives or officers to act on his behalf in the enforcement of this title under such control and supervision as the building and enforcement official may opeoixx. Any reference herein to the building and enforcement official shall also refer to his duly authorized rcpccoen- tativcw' The building and enforcement official, or his authorized representatives shall either upon complaint, or upon his own initiative, investigate potential violations of this titze' It shall be the duty of all the city/county - -118- officers to assist the building and enforcement official or his authorized represen- tatives in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions. .2 Entrance on to Private Property - When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurance of a violation of this title, the building and enforcement official may enter onto property to inspect the same or to perform any duty imposed or authorized by this title. Provided, that if such building or premises be occupied and not a public place he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. The right of entry authorized for this section extends to any employee, officer, or person that accompanies the building and enforcement official or his authorized representatives. All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the building and enforcement official to the property, premises and /or structures involved during any period of construction, improvement, or change, for inspections to assure compliance with this title and any conditions of approval for such permit or approval. The building and enforcement official may enter onto private property, premises and /or structures during any such period of constructon, improvement, or change being done pursuant to a permit or approval for such purposes. Provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior to entry. .3 Notice of Noncompliance - If the building and enforcement official determines that any activity, condition, structure, or use exists that does not conform to the S provisions of this title he may issue a notice of noncompliance directed to the record owner of the property and /or to such other persons as are causing or contributing to such noncompliance. A notice of noncompliance shall contain: a) The name and address of the record owner or other person to whom the notice of noncompliance is directed; b) The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring; c) A statement of the action required to be taken as determined by the building and enforcement official and a date for correction which shall be not less than three (3) weeks from the date of service of the notice of noncompliance unless the building official has determined the noncompliance to be immediately hazardous; d) A statement that a cumulative civil penalty in the amount of $50.00 per day shall be assessed against the person or persons to whom the notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues; and, e) A statement that the building official's determination of noncompliance may be appealed to the hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with Chapter 15.16, that such appeal shall be filed with the department issuing the notice within fifteen (15) days of service of the notice of noncompliance, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and, f) A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty. The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of noncompliance by certified mail, • -119- postage prepaid, return receipt requested, to such person at his last known address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made. A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant •to the provisions of Chapter 15.16 of this title. The cumulative civil penalty provided for in sections 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. For good cause shown, the building and enforcement official may extend the date set for correction of the notice of noncompliance; provided that such an extension shall not affect or extend the time in which an administrative appeal must be commenced nor shall such extension be for a period of time in excess of one hundred eighty (180) days. .4 Stop Orders - If the building and enforcement official determines that any activity is being established or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The building and enforcement official shall prominently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered. When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the building and enforcement official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of section 15.24.020. .5 Citations - Whenever the building and enforcement official determines that IP administrative effort to correct violations of this title would be, or has, been, useless or ineffective, he may cause to be initiated criminal proceedings for such violation or violations. In addition to any other means authorized by law for initiation of criminal complaints, the building and enforcement official has the auth- ority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms pescribed or approved by the administrator for the courts of the State of Washington. The building and enforcement official is hereby granted the authority to and shall directly file such citations with the Yakima County District Court which filing shall constitute a lawful complaint for initiating criminal charge for violation of this ordinance. . The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the county/city to prosecute such cases in the name of the county/city. 15.25.070 Collection of Civil Penalties. The building and enforcement official and the prosecuting authority of the county/city are hereby authorized to take action to collect and/or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil •penalty would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle or compromise any civil penalty in an amount deemed appropriate by such authority. 15.25.080 Disposition of Civil Penalties Collected. Any civil penalties assessed herein and collected shall be paid into the general fund of the county/city. -120- APPENDIX A 1111 YAKIMA URBAN AREA LEGAL DESCRIPTION Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, Range 19 East W.M.; thence north along the west line of said Section 17 to the southeast corner of Section 7, Township 12 North, Range 19 East W.M., thence west along the south line of said Section 7 to the southwest corner of the southeast quarter of said Section 7; thence north along the west line of the east half of said Section 7 to Ahtanum Creek, thence following Ahtanum Creek in a generally westerly direction to the west line of the southwest quarter of the south- east quarter of Section 2, Township 12 North, Range 18 E.M.W; thence north along said west line to the northwest corner of the southwest quarter of the southeast quarter of said Section 2; thence west along the east-west centerline of the south half of said Section 2 to the west line of said Section 2; thence continuing west along the east-west centerline of the south half of Section 3, Township 12 North, Range 18 East W.M. to South 34th Avenue; thence north along South 34th Avenue to 4111 Ahtanum Road - thence west along Ahtanum Road to 38th Avenue; thence north along 38th Avenue to the north line of Section 3, Township 12 North, Range 18 East W.M.; thence west along said north line to the northeast corner of Section 4, Township 12 North, Range 18 East W.M.; thence continuing west along the north line of said Section 4 to the southeast corner of Section 33, Township 13 North, Range 18 East W.M.; thence continuing west along the south line of said Section 33 to 64th Avenue; thence north along 64th Avenue to the east-west centerline of Sections 32 and 33, Township 13 North, Range 18 East W.M.; thence west along said east-west centerline to the north-south centerline of the west half of said Section 32; thence north along said north-south centerline to Zier Road; thence west along Zier Road to South 80th Avenue; thence north along South 80th Avenue to Wide Hollow Road; thence west along Wide Hollow Road to the north-south centerline of the east half of Section 30, Township 13 North, Range 18 East W.M.; thence north along said north- south centerline to the east-west centerline of said Section 30; thence west along said east-west centerline to the north-south centerline of the west half of said Section 30; thence north along said north-south 4111 centerline to the Yakima Valley Canal; thence following the Yakima Valley Canal in a generally westerly direction to its intersection with Tieton Drive; thence west on Tieton Drive to 96th Avenue; thence north -Al- on 96th Avenue to the northwest corner of the southwest quarter of Section 19, Township 13 North, Range 18 East W.M.; thence north along 411 the west section line of said Section 19 to a point 250 feet south of the northwest corner of the southwest quarter of the northwest quarter of said Section 19; thence north 89 ° 33' East to the Tieton Canal; thence following the Tieton Canal in a generally northeasterly direction to the north -south centerline'of the east half of said Section 19; thence north along said north -south centerline to the north -south centerline of the east half of Section 18, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline of said Section 18 to the east -west centerline of the south half of said Section 18; thence east along said east -west centerline to the west line of Section 17, Township 13 North, Range 18 East W.M.; thence north along said west line to the east -west centerline of said Section 17; thence east along said east -west centerline to the east line of said Section 17; thence north along said east line to the south right -of -way line of the Burlington Northern Railroad, Cowiche Branch; thence following said south right -of -way line in a generally northeasterly direction to the north right -of -way line of State Route 12; thence following said north right -of -way line in a generally south- easterly direction to Cowiche Creek; thence following Cowiche Creek in a 4 11 0 generally northeasterly direction to its confluence with the Naches River; thence following the south bank of the Naches River and the south bank of the Yakima River in a generally easterly direction to the north -south centerline of the east half of Section 12, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to RestHaven Road; thence following RestHaven Road in a generally southeasterly direction to the south line of Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line of Sections 8 and 9 to the southwest corner of Lot 3 of that certain short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima County; thence continuing east 260 feet along said south section line; thence North 0 ° 22'34" east 270.51 feet; thence north 38 ° 30'50" east 146.66 feet; thence north 47 ° 30'24" east 63.80 feet; thence north 77 ° 58'20" east 1,026.46 feet; thence north 71 ° 00' east 255.38 feet; thence north 59 ° 00' east to the north line of the southwest quarter -A2- 4110 of the southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along said north line to the Northeast corner 4 11 1 of said subdivision; thence southerly along the east line of the south- west quarter of the southwest quarter of said Section 10 to the south- east corner of said subdivision; thence westerly along the south line of said Section 10 to the northwest corner of Section 15, Township 13 North, Range 19 E.W.M., thence southerly along the west line of said Section 15 to the southwest corner of the northwest quarter of said Section 15; thence easterly along said east-west centerline to the southeast corner of the northeast quarter of said Section 15; thence easterly along the east-west centerline of Section 14, Township 13 North, Range 19 E.W.M. to the northeast corner of the northwest quarter of the southwest quarter of said Section 14; thence southerly along the north-south centerline of the west half of said Section 14 to the southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence easterly along the south line of said Section 14 to the northeast corner of Section 23, Township 13 North, Range 19 E.W.M.; thence southerly along the east line of said Section 23 to the southeast corner of said Section 23; thence westerly along 4110 the south lines of Sections 23, 22, 21 and 20, Township 13 North, Range 19 E.W.M. to the west bank of the Yakima River; thence following said west bank in a generally southerly direction to a point where it intersects the east right-of-way line of Interstate Highway 82; thence westerly to the point where the west right-of-way line of said interstate highway intersects the south line of Government Lot 2 of Section 17, Township 12 North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of Government Lot 5 of said Section 17 to the south- west corner of said Government Lot 5 and the point of beginning. . ' 4110 -A3- 4111 Section 2: Notwithstanding the provisions of Section 15.10.020.3 of Title 15 of the City of Yakima Municipal Code adopted by Section 1 of this ordinance, the Board of Adjustment established under Chapter 12.68 of the City of Yakima Municipal Code shall continue to exist and function for the sole and limited purpose of completing the processing, under the provisions of City of Yakima Municipal Code Title 12, of applications for (1) the conditional uses under Section 12.68.130 of the City of Yakima Municipal Code, (2) Special Property Use Permits under Section 12.68.140 of the City of Yakima Municipal Code, (3) appeals under Section 12.68.150 of the City of Yakima Municipal Code, and (4) hearings under Section 12.68.110 of the City of Yakima Municipal Code, which were legally filed and diligently processed before,and which were still pending on, the effective date of this ordinance. Section 3: This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. 4111 Passed by the City Council, signed and approved this 4th day of March , 1986. /s/ Henry Beauchamp MAYOR ATTEST: By Karen S. Roberts City Clerk Publication Date 3/8/86 Effective Date 4/7/86 410