HomeMy WebLinkAbout1998-057 Land Use Development ORDINANCE NO. 98- 57
•
AN ORDINANCE relating to land use and development regulation, and amending sections
15.19.050, 15.19.060, 15.19.080, and 15.19.100 of the Yakima Municipal
Code relating to nonconforming uses and structures.
WHEREAS, pursuant to the provisions of the Urban Area Regional Planning Agreement,
the Regional Planning Commission and the Joint Board have reviewed and recommended the
following proposed amendments to provisions relating to nonconforming uses and structures
appearing at chapter 15.19 of the Yakima Municipal Code for enactment by the City of
Yakima; and
WHEREAS, the City Council has reviewed the following proposed amendments to
provisions relating to nonconforming uses and structures appearing at chapter 15.19 of the
Yakima Municipal Code and finds that it is in the best interest of the City to enact the
proposed amendment; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Chapter 15.19 of the Yakima Municipal Code is amended as follows:
1 Chapter 15.19
2 NONCONFORMING USES AND STRUCTURES
3 Sections:
4 15.19.010 Purpose and intent.
5 15.19.020 Illegal uses, structures and lots not permitted.
•
6 15.19.030 Establishment.
7 15.19.040 Development on existing lots of record.
8 15.19.050 Continuation of nonconforming uses.
9 15.19.060 Nonconforming structures.
10 15.19.070 Change from a nonconforming use to a Class (1), (2) or (3) use.
11 15.19.080$'- : . °: . . - -a. -. . . -.. -
12 s+.. - - : - - . . . - Change from a nonconforming use to another
13 nonconforming use— Expansion of a nonconforming use or structure.
14 15.19.090 Modifications of an approved site plan for a nonconforming use or
15 structure.
16 15.19.100 Discontinuance of a nonconforming use or structure.
17 15.19.110 Sale of a nonconforming use or structure.
18 15.19.010 Purpose and intent.
19 Within the districts established by this title, or amendments that may later be adopted,
20 there may exist lots, structures, and uses which were lawful before this title was adopted or
21 amended, but because of the application of this title, no longer conform to the provisions and
22 standards of the district in which they are located. This chapter provides for the regulation of
23 these legal nonconforming lots, structures, and uses, and specifies those circumstances,
24 ° conditions, and procedures under which such nonconformities shall be permitted to continue
25 and expand.
Page 1 of 6
26 Except as otherwise provided, it is the intent of this title to permit legal nonconforming
27 uses or structures to continue to exist without specific limitations as to time. Modifications or
28 changes to or involving such nonconformities are subject to the provision and policies of this
29 title.
30 15.19.020 Illegal uses, structures and lots not permitted.
31 Structures, lots, required site improvements, uses and /or developments which were not
32 legally established or existing as of the effective date of this title retain their illegal status and
33 must be abated or fully conform and comply with the procedural and substantive provisions
34 of this title.
35 15.19.030 Establishment.
36 The burden of establishing that any nonconformity is a legal nonconformity as defined
37 herein shall, in all cases, be upon the owner of such nonconformity and not upon the
38 county /city. Upon request, the administrative official shall assist the property owner in
39 locating public records which pertain to the legal status of the nonconformity.
40 15.19.040 Development on existing lots of record.
41 In any district, any permitted use or structure may be erected on any existing lot or parcel.
42 Provided that no zero lot line, common wall, duplex or multifamily development shall be
43 allowed on existing lots of record in the SR and R -1 zones unless the lot conforms to the
44 minimum lot size requirements in Table 5 -2 or the development involves the replacement or
45 reconstruction of a damaged legally existing zero lot line, common wall, duplex or
46 multifamily development. This section shall apply even though such lots fail to meet the
47 requirements for area or width, or both, that are generally applicable in the district. --
48 Provided, that the setback dimensions of the structure shall conform to the regulations of the
49 . zoning district in which the lot is situated. Section 15.05.020(B) contains additional provisions
50 for development on nonconforming lots.
51 15.19.050 Continuation of nonconforming uses.
52 A. Generally. Any legal nonconforming use may continue as long as it remains otherwise
53 Lawful. Any change or expansion of the nonconforming use shall be made in accordance with
54 the provisions of Sections 15.19.070 or 15.19.080.
55 B. Continuation When a Nonconforming Use ttIs Damaged or Destroyed. The
56 following provisions shall ay when a tronconforming use is damagcd or destroyed:
57 4—When a nonconforming use and associated structure are damaged, and reconstruction
58
59 construction tables, the nonconforming use may be replaced as it was prior to the damage. If
60 the structure was also nonconforming, the structure may be rebuilt as it was immediately
61 prior to the damage or in a manner that is more conforming in accordance with Section
62 15.19.060(C).
63
64 seventy five percent of the structure's value using the most recent ICBO construction tables,
65
66 to continue in accordance with the provisions of Scction 15.19.080.
Page 2 of 6
67 15.19.060 Nonconforming structures.
68 A. Generally. Any legal nonconforming structure may continue so long as it remains
69 otherwise lawful. A nonconforming structure other than a required site improvement may be
70 included in and /or changed as part of any development, or modification to development,
71 subject to review and approval under the procedures and provisions of this title. Provided,
72 that nothing in this section shall authorize the expansion or change of a nonconforming
73 structure except as otherwise provided for in this chapter. The required site improvements,
74 parking and signs, are subject to the more specific policies on nonconforming parking and
75 signs in Chapters 15.06 and 15.08 which shall control and govern.
76 B. Maintenance of a Nonconforming Structure. Nothing in this chapter shall be
77 construed to restrict normal structural repair and maintenance of a nonconforming structure,
78 including the replacement of walls, fixtures and plumbing. Provided, that the value of work
79 and materials in : - • - : - : - •: ::: - - : - - - - • • • : - - _ - - - • 80 the structure usi - - - - -- : - - - E O - • : : - - - : . - . - .: - - _
81 • : - - .. • • : - : ling unit(s) whcn such rehabilitation does not
82 bcr of dwclling units nor physically expand the structure.
83 C. Reconstruction of a Nonconforming Structure When Damage Does Not Excccd
84 Seventy Five Percent of its Value. When a nonconforming structure is damaged
85 reconstruction costs do ri ot exceed- seventy five percent of its latcs - -, . • - _ - - -- _
86 recent ICBO construction tables or destroyed, the building official shall issue a development
87 permit allowing the structure to be rebuilt as it was immediately prior to the damage or in a
88 manner that is less nonconforming. Provided, no reconstruction of a nonconforming
89 structure shall be performed without the issuance of a development permit by the building_
90 official. Applications and permits for such reconstruction shall be made in accordance with
91 Chapters 15.11 and 15.12 of this title except that no Certificate of Zoning Review is required.
92 The propert y owner shall provide the information necessary to reasonably assure the
93 building official that the reconstruction being authorized complies with this section. The
94 information provided shall include, but not be limited to: (1) a general site plan showing the
95 actual dimensions of the nonconforming structure, its height, and its exact placement on the
96 lot prior to being damaged; and, (2) where a nonconforming use is involved, a written
97 narrative describing the use or uses that existed immediately prior to damage; and, (3) an
98 affidavit or certificate that the narrative and site plan accurately represent the nonconforming
99 structure and /or use as they were immediately prior to damage. The building official may
100 approve reconstruction in conformance with the site plan or in a manner that is more
101 conforming with the provisions and standards of the zoning district in which it is located. If
102 the building official determines that the requested reconstruction amounts to an expansion of
103 the nonconforming structure he or she shall forward the application to the hearing examiner
104 for review under the provisions of Section 15.19.080.
105 D. Reconstruction : : • a - - : - : -- - - - - - • • - - - -' - -- - ° - - = - - - -
106 Percent of its Va.. . - - : : -• - _ _• • • ? _ -
107 a. ,.bed = - • -: - - . - - - - - • -- : • • - - -
108 recent ICBO construction tables:
109 1. When a c - - - : - _ : -- - - - . • - : : - - ■ • -
110 any rcconstructi: - _ - •• Page 3 of 6
111 Provided, that one or mete of the basic developments standards may be adjustcd in
112 accordance with the provisions of Chapter 15.10.
113 2. Whcn a damaged noneenferming sti rrc was used for a nonconforming use it may
114 be replaced as it was before in- a manlier that is less nonconforming upon approval by the
115 - - - -- :. - • •;•.
116 15.19.070 Change from a nonconforming use to a Class (1), (2) or (3) use.
117 The following procedures shall be followed for changing a nonconforming use to a Class
118 (1), (2) or (3) use:
119 1. Change to a Class (1) Use. Application for changing a nonconforming use to a Class
120 (1) use shall be made under the provisions of Chapter 15.13 Class (1) review.
121 2. Change to a Class (2) Use. Application for changing a nonconforming use to a Class
122 (2) use shall be made and reviewed under the provisions of Chapter 15.14 Class (2) Review.
123 The administrative official may approve the proposed Class (2) use when he or she determines
124 the proposed use is compatible with the objectives of the Yakima Urban Area Comprehensive
125 Plan, the intent of the zoning district and the provisions and standards established herein.
126 3. Change to a Class (3) Use. Application for changing a nonconforming use to Class (3)
127 use shall be made and reviewed under the provisions of Chapter 15.15 Class (3) Review. The
128 hearing examiner shall hold at least one public hearing on the proposed change prior to
129 rendering.a decision. The hearing examiner may approve the proposed Class (3) use when he
130 or she determines it is compatible with the objectives of the Yakima Urban Area
131 Comprehensive Plan and the purpose and intent of this title.
132 15.19.080 ': .:
133 scvcnty five percent- -Change from a nonconforming use to
134 another nonconforming use— Expansion of a nonconforming use or
135 structure.
136 The following procedures shall be followed to change a nonconforming use to a different
137 nonconforming use, expand a nonconforming use throughout a structure, or expand a
138 nonconforming structure or use throughout a lot or onto an adjoining lot, or replace a
139 : :. - - - :: : : '
140 most rcccnt ICBO construction tables. These procedures shall be used to expand a
141 nonconforming structure throughout a lot. Provided, a structure that is nonconforming only
142 by reason of excessive building height or substandard setbacks or is a nonconforming single -
143 family dwelling, may be altered or expanded under the modification provisions of Section
144 15.17.050 when: the alteration or expansion:
145 (1) does not increase the degree of nonconformity of the structure; and
146 (2) complies with development standards of the district in which it is located; and
147 (3) the nonconforming structure is occupied by a Class (1) or Class (2) use or is a
148 single- family dwelling or duplex; and
149 (4) in the case of expanding a nonconforming single- family dwelling or duplex, the
150 proposed expansion is fifty percent or less of the existing building area. The
151 provisions of Section 15.17.050 shall also be used for the reconstruction of a
152 nonconforming single- family dwelling -- _ ; - :: - • : - : - • - ' • - : - - -
153 its value using the i est rcccnt ICBO tables.
Page4of6
•
154 1. Application. The application procedures shall be the same as those established in
155 Section 15.15.030 for Class (3) uses. A detailed site plan conforming to the provisions of
156 Section 15.11.050 shall accompany any applications required by this section.
157 2. Public Hearing and Review. The planning department shall review and process the
158 application under the provisions of Section 15.15.040. The hearing examiner shall hold at
159 least one public hearing. Within ten days after the public hearing, unless a longer period is
160 agreed to on the record . or in writing by the applicant, the hearing examiner shall render a
161 written decision.
162 3. Conditions for Approval. The hearing examiner may grant the relief requested if he
163 or she finds all of the following:
164 a. That the expansion, change, reconstruction or replacement requested would not be
165 contrary to the public health, safety or welfare; and
166 b. That the proposed expansion, change, reconstruction or replacement is compatible
167 with the character of the neighborhood; and, in the case of an expansion or change, does not
168 significantly jeopardize future development of the area in compliance with the provisions and
169 the intent of the zoning district; and
170 c. That the significance of the applicant's hardship is more compelling than, and
171 reasonably overbalances, the public interest resulting from denial of the relief requested; and
172 d. That the use or structure was lawful at the time of its inception; and
173 e. That the value of nearby properties will not be significantly depressed by approving
174 the requested expansion, change, reconstruction or replacement.
175 The expansion, change, reconstruction or replacement requested shall be denied if the
176 hearing examiner finds that one or more of the provisions in subsection 3 a through e of this
177 section are not :met.
178 4. Findings and Conclusions. The hearing examiner shall prepare written findings and
179 conclusions stating the specific reasons for his or her decision to approve, approve with
180 conditions, or deny the application. The findings shall include the hearing examiner's
181 determination regarding compliance of the proposed expansion, change, reconstruction or
182 replacement with the criteria established in subsection 3 above. The hearing examiner shall
183 issue a Certificate of Zoning Review in accordance with Section 15.15.060 upon approval of
184 an application and accompanying site plan.
185 5. Conditional Approval. When approving a change in, or the expansion,
186 reconstruction, the hearing examiner may attach conditions to the proposed change,
187 expansion, replacement or reconstruction or any other part of the development in order to
188 assure that the development is improved, arranged and screened to be compatible with the
189 objectives of the Yakima Urban Area Comprehensive Plan, this title, and neighboring land
190 uses.
191 15.19.090 Modifications of an approved site plan for a nonconforming use or
192 structure.
193 Site plans approved for the change, expansion, reconstruction or replacement of a
194 nonconforming use or structure may be modified under the provisions of Chapter 15.17.
195 15.19.100 Discontinuance of a nonconforming use or structure.
196 A nonconforming use or structure shall become discontinued when it is:
Page 5 of 6
197 1. Succeeded by a Class (1), (2) or (3) use; or
198 2. Succeeded by another use or structure that is less nonconforming; or
199 3. Discontinued and not reestablished within twelve eighteen months, unless an
200 extension is granted by the Administrative Official upon proper application. Denials of such
201 requested extensions may be appealed in the same manner as class 2 decisions under chapter
202 15.14 YMC; or
203 4. Damaged and application for rebuilding or replacement is not made within six months
204 eighteen months of such damage or resolution of court litigation or insurance settlement.; -ef
205
206 value using the most recent ICBO construction tables and the replacement of the
208 provisions of Section 15.19.080.
209 When a nonconforming use becomes discontinued, it shall be deemed that such use has
210 ceased to exist and thus loses its status as a legal nonconforming use. Any subsequent use shall
211 conform to the provisions of the use district in which it is located.
212 15.19.110 Sale of a nonconforming use or structure.
213 Property classed as nonconforming may be transferred without that fact alone affecting
214 the right to continue the nonconforming use or use of a nonconforming structure.
Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance,
is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance, or other provisions of the Yakima
Municipal Code established by this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
24th day of November, 1998.
t
f John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date: 11 -27 -98 Effective Date: 12 -27 -98
C: \word does \gma \gma '98\ final '98 ords \nonconf uses & structures.doc
Page 6 of 6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No.
For Meeting Of November 24. 1998
ITEM TITLE: Continued Joint Public Hearing to Consider Adoption of Growth
Management Implementation Ordinances
SUBMITTED BY: William Cook, Director
Community and Economic Development
CONTACT PERSON/TELEPHONE: Don Skone, Planning Manager (575 -6163)
SUMMARY EXPLANATION:
On October 20, 1998 the Yakima City Council and Yakima County Commissioners
opened a Joint Public Hearing to consider testimony regarding the adoption of a series
of Implementation Ordinances, as recommended by the Yakima Urban Area Regional
• Planning Commission. The Hearing was continued to receive final testimony, and direct
legislation. A series of ordinances has been prepared for consideration.
Resolution_ _ [X 1 Ordinance s Contract Other (Specify) Staff Report
Funding. Source
• APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Consider final testimony, consider previous testimony ,
direct changes as necessary and adopt ordinances
BOARD RECOMMENDATION: The Yakima Urban Area Regional Planning
Commission recommended adoption of ordinances. Several ordinances and map
changes have been submitted to the RPC recommendation and included herein.
COUNCIL ACTION: