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HomeMy WebLinkAbout04/05/2011 03C-2 Citizen Service Request Response RE: Tony Courcy Regarding Zoning 8c - 2- 0 City of Yakima Building Codes & Planning Division M enlo To: Yakima City Council From: Bruce Benson, Supervising Planner Date: 3/30/11 Re: Tony Courcy: Wants to know the impact on property that was CBD when he purchased it and was rezoned to General Commercial. The answer to Mr. Courcy's question is that there has been no impact because no Central Business District (CBD) properties, have been rezoned to General ® Commercial (GC). If; however, he perhaps misspoke and meant to inquire about the impacts of the 2008 name change of the Central Business District Support (CBDS) zone to GC, the effects and /or the impacts of the name change were also nil. Any uses that were permitted in the CBDS are still permitted in the GC as either Class (1) permitted, Class (2) normally permitted but requiring notice to adjoining property owners and an administrative ruling of compatibility or Class (3) normally not permitted but may be allowed by the Hearing Examiner following a public hearing. In other words, no changes to the permitted uses or the level of review were incorporated into the ordinance which affected the name change. On March 15, 2011, numerous amendments were made to the Urban Area Zoning Ordinance's use Table 4 -1. Generally, the effect of these changes was to reduce the level of review from Class (2) to Class (1) or Class (3) to Class (2). Consequently, the impact(s) of this change would in all likelihood be perceived as being very positive by any GC property owner. The specific changes that were made are discernable from a_ review of the enclosed draft ordinance which contains the strikethrough and underline versions of Table 4 -1. This legislation will become effective on Sunday, April 17th. I Because of the terms of the City's development agreement with Congdon Orchards the CBDS ® zoning district and its inherent regulations are to remain unchanged for a period of 40 years from the date of the agreement's ratification. ORDINANCE NO. 2011- AN ORDINANCE relating to the regulation of land use and development in the City. of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030. , 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, 15.23.030, & 15.12:050. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and development in the City of Yakima; and • WHEREAS, the Planning Commission has held an open record public hearing on , 2011 pursuant to notice, and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined and recommended that the City Council approve such amendments; and WHEREAS, the City Council has held a closed record hearing on February 15, 2011 pursuant to notice, to consider such amendments as recommended by the Planning Commission; and ® WHEREAS, the City Council of the City of Yakima, having considered the record herein Y Y � g and the . recommendation from the Planning Commission, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.02.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 — Definitions `'Recycling Drop Off Center' means a commercial facility where products such as aluminum, tin cans. glass, plastic, paper. and other similar products are deposited, sorted and transferred to a Recycling Processing Center for reprocessing. "Recycling Processing Center" means a facility where products such as aluminum and tin cans, glass, plastic, paper and other similar products are deposited. sorted, stored, and reprocessed. "Reviewing official" means the building official, administrative official, hearing examiner, I City of Yakima Planning Commission ` or legislative body when engaged in any review or e , approval procedure under the provisions of this title. . 1 "Secondhand store" m ns a retail business selling used goods. • Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.030 — Table Of Permitted Land Uses Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4 -1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures. • • 2 11111 0 • • 0 A Table 4 -1 SR RI R2 R3 B1 B2 BB SCC LCC S GC CBI RD Ml M2 AGRICULTURAL. (COM-IYIERCIAL) Agriculture, Horticulture, Gerieral Fanning (not feedlots or stockyards) ( *) .1 1 1 1 Agricultural Building ( *) - 1 1 1 1 Agricultural Chemical Sales /Storage 1 • 1 1 Agricultural Market ( *) 1 • 1 1 1 1 1 1 1 Agricultural Stand ( *) 1 1 1 Agricultural Related Industries.( *). 2 • 1 1 1 Animal Husbandry (See YMC 15.09.070) ( *) 1 2 1 1 . Concentrated Feeding Operation: { *) 3 - Floriculture, Aquaculture 1 1 1 Fr lit. Bin Sales /Storage 3 2 1. 1 • Winery and Brewery - Basic.( *) 3 3 1 2 Resort /Destination: wlorisite agricultural production ( *) • 2 3. 3 3 .3 3 3 :Resort/Destination ( *) 2 3 3 1 1 1 3 • Retail ( *) 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION . Aquatic Center • 3 3 3 1 2 • Amusement Park (Permanent) ( *) 3 _ 3 3 1 '3 . Bc wling Alleys 2 2 2 1 1 2 3 CE mpground ( *) 3 2 Drive in Theatres 3 2 2 2 . Exercise Facilities 3 1 1 1 1 2 1 1 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms ( *) 3. 2 1 2 2 2 Golf Courses Clubhouses, Golf Driving R anges 3 3 3 3 M niature Golf Courses 3 3 1 1 1. 1 Mpvie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 Parks ( *) 2 3 2 2 2 2 2 2 2 _ 2 2 1 2 2 3 A Table 4 -1 SR R1 R2 R3 B1 B2 LIB SCC LC( S GC CBI RD M1 M2 2 Rcller Skating or Ice Skating Rink 2 2 1 1 3 . 2 Srorts Facility (Indoor) 2 2 1 2 1 3 2 Sccial Card Rooms (See YMC 15.09.090)( *) 3 3 3 3" State Fair Park (See YMC 15.04.200) COMMUNITY SERVICES Cemetery/ Crematorrnni with Funeral Home 3 . 3 :: _ 3 3 3 3. _ Funeral Home not associated with Cemetery / Crematorium 3 2 2 2 1 1 1 2 2 Churches; Synagogues, & Temples ( *) 2 :. 3 _. _.2 ,: 2 2 2 2 2 1 1 3 2 - ;; Ccmmunity Center ( *) Meeting Halls, Fraternal Organizations 2 3 2 2 2 2 2 2 2 1 1 2 2. Daycare Facilities (not home occupation): Family In -Home ( *) 1 2 2 2 2 2 2 2 1 1 1 Daycare Center ( *) 3 .'3 3 2 1 1 2 1 1 1 1 2: 1 Pclice, Fire Stations, Ambulance Service 3 3 3 3 2 2 2 2 .1 1 1 1 1 Hospital ( *) Outside Institutional Overlay 3 3 3 3 .3 . 3 3 3 Correctional Facilities 3. 3 3 3 3 • 3 Li xraries 3 3 3 2 1 2 1 1 1 1 1 1 Miseums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 _ Senior High School 3 3 3 3 3 3 3 3 Business Schools( *) 3 3 .. 3 3 3 3 2 2 1 1 1 2 2 Community College / University - Inside Institutional Overlay (See YMC Ch. 15._30) Community College / University - Outside Institutional Overlay 3 3 3 3 3 2 .2 2 2 3 2 3 2 2 Vocational Schools ( *) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield ( *) 3 3 3 4 111110 . • • i • 0 A T. ble 4 -1 • SR R1 R2 R3 B1 B2 HB SCC LC( S GC CBI RD MI M2 Z.o ( *) 3 3 3 3 3 'I ALTH AND: SOCIAL SERVICE FACILITY G oup Homes (Six or fewer), Adult Family Home ( *) 1 1 1 1 1 1 1 1 T -atment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Bo arding House ( *) 3 3 3 3 3 1 2 H.lfway House( *) . 2 3 3 G oup Homes (More than Six), Convalescent and Nursing Homes ( *) - 3 2 2 2 3 3 ACT A!. icultural Product Support 2 2 2 1 1 • A'• craft;Parts 1 1 1 " A', craft Commercial ( *) and Industrial ( *) Uses on land owned by the 1 1 2 A'i fort Ai parel and Accessories . : .:3. 2_ 2 1 1 B.kery Products (wholesale) 2 2 2 2 2 1 1 B:verage Industry( *) 2" , 2 2 1 . 1 . C.nning, Preserving and Packaging Fruits, Vegetables, & Other Foods - 3 1 1 Co meat: and Concrete' Plants " - 3 1 C emicals (Industrial, Agricultural, Wood, etc.) 3 1 C. ncrete;;Gypsum and Plaster Products. 2 1 . 1 Co nfectionery and Related Products (wholesale) 2 2 2 1 1 2 I 1 C tlery, Hand Tools and General Hardware 1_ 3 1 1 Dugs 1 2 0 1 1 El- ctrical Transmission and: Distribution Equipment . , -1. 2 3 1 1 • El • ctronic Components and Accessories and Product Assembly 1 2 2 3 1 1 E gineering;'Medical, Optical Dental, ; Scientific Instruments and Product 1. ,: 2 1 1 A • sembly . F.'.ricated Structural Metal Products 2 3 3 1 1 F. od =Processing ' . " - 2 3 1 1 F rniture 2 3 2. 1 1 _ G :ss, Pottery, and Related Products and Assembly 2 _ 2 2 1 1 5 I ble 4 -1 SR RI R2 R3 B1 B2 HB MEM! RDI 1VI2 /Rain Mill Products IIIIIIMIIIIIIII 11111=11111111111111111111111 1 12 atilt.; A.,.aratus Wood Stoves -11111----111111-----0. 1 Rather Products 0000-_--00000 I ECPIIRRIIIIFIMIINMMMIIIIIIIINIIIIIIEIEIIIIIIIINNEIIENIIIIIIIMIIIIIIIIN 0IIM00000 1 ©:chine E.ui.ment ------ ©--Q I mat, Pout.. and Da' Products ' == --�—�-----® 1 � E' .�� nts, Varnishes, Lac. uers, Enamels and Allied Products ----_----�--® 1 ga ' .. ... u . _--0-00 Pr- fabricated- Structural Wood Products and-Containers- -11115-- ®01111101111000 '1 Pr ntin•, Publishint and Bindin_ MIMI= --M©-00 I Pr tin_ Trade, Serviee Industries) IIIIIIIIIIIIII 2 0 0000000 pc iclin_ Processinm Center * -----_----000 . Q' ndering Plants, Slau:hter Houses 1111----_1111111--1•1--- 3 LE bber Products ----_---1111---® 1 E; I • . • . . P ... r - bl. := ����� ©00��0 [meet Metal and Weldin: Sho .s 0--------0000 1 • � E n . . e ' .. c C . . • . . • . • . r. e . '01- . . e • ' • -) 000- 2 - --00000. 1 IIMI V.Dar•. mu.land iii.[.s Fr:2ltar. j�mCiri..f. ------ I ©s odworkin::_Cabinets ; She lves ;.etc. -0----000000 1 I ING/REFINING /OFF -SITE HAZARDOUS WASTE Ei ATMENT a . halt Pavin:;and Roofin l :.Materials; Rock Crushiri 3- 000000000000 1 © nine Includin: Sand and Gravel Pits * 3 0000 1.111110000© 3 E. ck'Hitt!' bf Earthen Materials( *) 2 © © ©0 1 1 000000® 1 of- -Site Hazardous Waste Treatment and Storate Facilities * 0000----0000© 3 E SIDENTIAL . 12 cesso Uses ( *) See YMC 15.04.060 D, . ' . .. • u e - .: 0000 3 1 0011110111101 6 .... • • • .. ® ® 0 A Ti ble 4 -1 SR R1 R2 R3 B1 B2 H B SCC LCC S GC CBI RD M1 M2 Accessory Dwelling Unit ( *) (See YMC 15.09.045). 3 3 - 7 Ex isting or New Detached Single- Family Dwelling on Existing Lots of 1 1 1 8,000 square feet or less Detached Single - Family Dwelling (zero lot line) ( *) (See YMC 15.09.040) 2 2 2 2 3 3 1 3 3 3 3 Attached Single-Family Dwelling, Common Wall ( *) 2 2 1. 1 3 3 1 32 32 3 3 2 2 Two- Family Dwelling (Duplex) ( *) 3 3 1 1 2 2 1 32 32 3 2 — — 2 2 Converted Dwelling ( *) -:-= , _ 3 3 -- . "2 '.2 2 2 2 2 '2 2 1 2 2 Milti-Family Dwelling ( *): 0 -7 DU/NRA _ 2 1 2 2 2 2 2 2 2 8 -12 DU/NRA 2 : 1 2 2 .2 2 ` 2 2 2 13+ DU/NRA 3 1 2 2 2 2 2 2 2 Mined Use Building 1 1 1 .1., 1 1 1 Planned Development ( *) See YMC 15.28 M3bile Home Parks ( *):-'_ 2 ' 2. 2 M bile Home ( *) or Manufactured Homes ( *) See YMC 15.04.160 REtirement Homes ( *). ,_ ...,,' .: .... 2 '3;:-. 1 ' 3 1 . 1 Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2 RETAIL TRADE;: AND' SERVICE Addressing, Mailing, and Stenographic Services 1 1 2 1 I 1 1 1 1 1 1 Adult Business Uses See YMC :15:99.200 Animal Clinic /Hospital /Veterinarian ( *) 3 2 2 2 1 2 1 1 1 Antique Stores 2 : 2 2 _'1 1 1 1 Artist's Supplies 1 1 _ 1 1 1 1 1 1. Auction House for Goods= (*) 3 32 32 : 32 3 3 2 4: ::2 1 1 1 1 Auction House for Livestock ( *) 3 _ 3 3 2 2 7 A T. ble 4 -1 SR Rl R2 R3 Bl B2 HB SCC LCC S GC CBI RD M1 M2 A tomotive Automobile Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreatio nal Vehicle (RV) Sales 1 1 1 . Automotive: Car Wash / Detailing 2 21 1 1 1 1 2 Parking Lots and Garages 2. 1 1 1 1 1 I 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 32 1. 1.. , 1, 2 Parts and Accessories (tires, batteries, etc.) 2 21 • 1 1 1 2 1 2 Towing Services 1 3 1.. 1 Wrecking and Dismantling Yard ( *) & Hulk Haulers ( *) 3 1 B . it Bonds 1 1 1 B.kery 2 1 1 1 1 1 1 1 1 B:autrand Barber Shops 2 1 2 1 1 1 1 1 1 2 B:d and Breakfast Inn ( *) 2 2 2 2 2 2 1 Boats and Marine Accessories , 2 2 1 1 1 1 Bo oks, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2 B tcher Shop 1 1 1 1 2 2 1 C. mera Store 2 1 2 1 1 1 1 .1 1 C. ndy Store 2 1 2 1 1 1 1 1 1. • Cl•thing and Accessories 2 1 2 1 1 1 1 1 1 Co in and Stamp Shop 2 1 2 1 1. 1 1 1 1 Cimmercial Services( *) 3 1 2 1 1 1 1 1 2 Communication Towers ( *) . See YMC 15.04.180` Co mputer and Electronic Stores 2 1 2 1 1 1 1 1 1 Convenience Store - Closed 1 . 0 :00 prim. t66:00 a.m. 21 2 1 1 • 1 •1 1 1 • 2: Co nvenience Store - Open 10:00 p.m. to 6:00 a.m. 32 2 2 1 1 2 1 2 D: licatessen ( *) 2 _ '1 2 1 -1 .. '1 1 1 1 Do partment, Discount, Variety Stores (25,000 sq ft or less) 2 2 1 1 1 1 1 D; partment, Discount, Variety Stores (25,001 sq ft or more) . 3 3 1- 1 1 1 8 • ® • 0 0 0 A Table 4 =1 SR R1 R2 R3 B1 B2 HB SCC LC( S GC CBI RD M1 M2 Pet Daycare / Animal Training ( *) 2 1 1 1 2 1 1 2 Drug Stores ( *).(optical goods, orthopedic supplies) 2 1 2 I 1 1 1 1 1 Espresso / Coffee Drive -Thru ( *) 3 2 2 2 1 2 2 2 3 2 1 Espresso / Coffee Stand( *) - 1 1 1 1 1 1 1 1 1 Fabric Store 1 2 1 1 1 1 1 1 Farm and Implements, Tools and Heavy Construction Equipment I 2 3 1 1 _ Farm Supplies 2 2 1 1 2 1 Fiiancial Institutions 1 1 _ 1 1 1 1 1 1 Florist - 2 1 1 1 1 1 1 1 1 Fcod Store, Specialty 1 2 1 1 1 1 .1 1 Fuel Oil and. Coal: Distributors 1 2 1 1 Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1 General Hardware,: = Garden: Equipment, & Supplies (25,00Q 'sq ft or less) 2 1 21 1 1 1 1 1 1 General Hardware, Garden. Equipment, & Supplies (25,000 sq ft or more) _ 3 3 -1- -1 -1- 4- -1- Gift Shop (*) - " :- = '. 2 1 2 1 1 1 1 1 1 Grocery Store (larger than 6,000 sq. ft.) 3 2 1 1 2 1 Heating. and Plumbing acid Electrical>E Stores 2 2 1 1 1 1 I Heavy Equipment Storage, Maintenance & Repair 1 1 1 Jewelry Watches,. Silverware Sales and Repair . • ' , . 1 2 1 1 1 1 _ 1 1 . Kennels ( *) 3 2 2 Laundries, Laundromats and Dry Cleaning Plants 2 2 1 1 1 1 2 1 Liquor Stores 2 2 1 1 1 1 Lt. mber Yards. ... 2 1 1 1 1 M issage Therapy / Spa ( *) 1 I 1 1 1 1 1 1 1 Motels and H otels 2 1 1 1 1 1 M )torcycles Sales /Repair (including maintenance) 2 1 1 1 3 1 2 Misic Stores 2 2 1 1 1 1 ' 1 . Night Clubs /Dance Establishments 2 1 1 l l 9 A Tible 4 -1 SR R1 R2 R3 B1 B2 HE SCC LC( S GC CBI RD M1 M2 Nursery ( *) 3 1 1 1 1 1 1 1 Office Call Center 2 1 31 I 2 1 1 1 2 1 Contractor Building and Trade (Plumbing, Heating, Electrical, Painting) 1 21 21 21 2 1 2 1 Government 2 32 2 2 1 1 1 2 Professional (Architects, Attorneys, Engineers, Surveyors) 3 1 1 32 1 1 1 1 1 1 3 1 Medical and Dental Laboratory, Offices and Clinic 3 1 1 2 1 1 1 1 1 1 2 Service Agencies ( Advertising, Employment, Insurance, Real Estate, 1 1 2 1 1 1 1 . 1 etc) Outdoor Advertising (Billboards) See YMC 15.08.130 Paint, Glass and Wallpaper Stores 2 2 1 1 1 1 1 Parn Broker 2 1 1 1 2 1 P Stores (Pet Supplies and- Dog Grooming) 1 1 1 2 1 1 1 l_.: Pr nting, Photocopy Service 1 1 .1 1 1 1 1 1 1 1 Radio/TV Studio 3 3 2 1 1 1 1 2::. 2 Recycling Drop Off Center ( *) 1 _ 2 2 1 l 1 1 Recycling Center ( *) � Re ntal: Auto, Truck, Trailer, Fleet Leasing with Storage. 3 2 1 2 2 2 3 1.:: 2 1 2 Heavy Equipment (except automotive) with Storage 1 1 Re ntal:'Heavy Equipment`(except: automotive) without storage 1 2 3 2 Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 2 1 1 1 1 2 1 1 - Repairs:. Locksmiths and Gunsmiths 1 2. 1 1 1 1 . 2 1. Repairs: Reupholstery and Furniture 21 1 21 -I-1 1 1 2 1 4- 1 1 Repairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1� Restaurant, Cafe and Drive -in Eating Facilities ( *) 2 1 1 1 1 1 1 1 1 10 • III • ® . • - - A Ti ble 4 -1 SR R1 R2 R3 B1 B2 HB SCC LC( S • GC CBI RD M1 M2 Seamstress, Tailor. 1 1 1 1 1 _: I 1 1 Socond Hand Store ( *) 2 2 2 2 3 2 Service Station ( *) Closed Between 10:00 p.m. and 6:00 a.m. ( *.) 2 1 1 1. 1 1 1 1 Service Station ( *) Open Between 10:00 p.m. and 6:00 a.m. ( *) 3 2 2 1 1 2 1 2 Shoe Repairand Shoe Shine Shops 1 2 1 I 1 1 1 1 2 Shooting Ranges (Indoor) 3 3. 3 3 1 Sims, printed, painted or carved 2 2 °1`: ': l 2 1 1 Sporting Goods, Bicycle Shops 1 2 1 1 1 1 1 1 2 Taverns ( *); ( *) and=Bars, Dance Establishments 31 2 21 1 1 , . ..1 1 1 1 Technical Equipment Sales ( *) 2 1 2 1 1 1 .1 1 1 1 Tc y and Hobby Store '= . 1 2 1 1 1= 1 .1 1 Truck Service Stations and Shops 3 . 2 1 1 Truck (Large), Manufactured Home & Travel Trailer Sales 1 3 1 Video Sales/Rental 1 2 1 • 1 1 1 1 1 2 Waste. lylateriar Processing and Junk Handling ( *) 3 1 TRANSPORTATION . BLS Terminal's =, :1 :. 1 1 1 1 • 1 Bt. s Storage and Maintenance Facilities 1 1 Transportation Brokerage ( *) Offices, with Truck Parking . 2 : :: °2 1 1 Contract Truck Hauling, Rental of Trucks with Drivers 1 I 1 .Air-, Rail, Truck Terminals (for short -term. storage; office, etc.): 1;; 2 1 1 RG ilroad Switch Yards, Maintenance and Repair Facilities, etc. .. 1 1 Trxicab Terminals; Maintenance and Dispatching Centers ;. etc.. 3 : 3 . 1 . Airport Landing Field 1 _ Airport :Operations ( *) l.: UTILITIES _ Pcwer;Generating- Facilities _ 3 2 ` 1 Utility Services (substations, etc.) . 3 3 3 3 3 3 , 3 3, 3 1 1 WHOLESALE TRADE- STORAGE Warehouses ( *) 3 1 2 2 1 1 11 A 'able 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC S GC CBI RD M1 M2 Wholesale Trade ( *) 2 1 1 2 1. 1 1 Storage Facilities, Bulk ( *) 1 2 1 1 St )rage Facilities Commercial ( *) 3 1 2 ; 3 1 1 Residential Mini - Storage ( *) 3 3 1 2 3 1 1 *Refers to definition in YMC Ch. 15.02 = Not Permitted 1 = Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review by the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner • 12 ® • • • 411) Section 3. Section 15.08.030 of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.030 — Development Permit Required No sign governed by Title 15 shall be erected, structurally altered or relocated after the adoption without first receiving a development permit from the building official. 1. For New Uses. All on- premises signs meeting the standards of this chapter are considered Class (1) Uses requiring Type (1) Review.accessory uses and shall be .. On- premise signs not meeting the standards shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Off - premises signs and billboards are permitted as shown identified in YMC 15.08.130. 2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Type (1) review and approval by the building official. Section 4. Section 15.08.070 of the City of Yakima Municipal Code is hereby . amended to read as follows 15.08.070 — General Provisions All signs shall comply with the following provisions: A. Construction shall satisfy the requirements of the 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 YMC 15.08.080(1) and YMC 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 light's 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 purposes. (See YMC 15.05.040); I. No freestanding signs shall be placed in the clearview triangle established in YMC 15.05.040; and, J. Any exterior lighting must be shielded and directed . away from adjoining streets or ® residential uses. 13 • Table 8 -1 Type And Number Of Signs Permitted ZONING DISTRICTS SIPN TYPE SR RI R2 R3 BIHBB2 SCC LCC CBD GC AS RD M1 M2 PERMITTED SIGNS 0 'Nameplate Permitted as an accessory use to an approved or existing use Pr mises Subdivision Si ns Identification/Project Identification I Roof/Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Proj. On-premises signs meeting the standards of this I.D. Only chapter are considered Class (1) Uses requiring Projecting Not Permitted Type (1) Review. On- premise signs not meeting the standards of this chapter shall follow the procedures of YMC 15.08.170, and are otherwise not permitted.- • - — _ - . - _ _ - ! - - and Procedural Requirements as the Principal use I Freeway See YMC 15.08.150 O f Directional Not ClassNot Class (2) Use Class Pr mises Advertising Permitted (2) Permitted (1) III Si ns use Use I Billboards NIjJMBER OF SIGNS PERMITTED O `Nameplate 1 per dwelling Pr mises Subdivision 1 peer street 1 per street frontage Si ns Identification /Use frontage Identification I Freestanding' I Projecting Not Permitted Wall /Roof/ Wall: YMC 15.08.100/Roof: YMC 15.08.090/ Portable Signs Temporary: YMC 15.08.110 Freeway Freeway: See YMC 15.08.150 O Directional Directional: See YMC 15.08.120(b) Pr mises Advertising Not Permitted 1 Sign Per Parcel (Also YMC Si ns 15.08.130) I Billboards NOTES:. 1. YMC 15.08.140 has freestanding sign provisions for multiple building complexes and multiple tenant buildings. 2. Nameplates and subdivision identification signs permitted in the Residential Districts Ill may be placed on a wall —See Table 8 -2. 14 Section 5. Section 15.08.170 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.170 — Administrative Adjustment Of Sign Standards Allowed A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this Chapter is proposed or when required as part of a detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following:. 1. Site Plan which includes Tthe physical components of the sign including sign size, height, shape, color, location and associated landscaping; 2. A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning district; 3. A explanation of why the existing sign standards are not adequate and require adjustment. and, 341. For multiple tenant buildings and multiple building complexes a description of how the available sign area will be allocated between tenants or leasable spaces. B. Review Procedures. The Administrative Official shall review the comprehensive design plan in accordance with the provisions of YMC Ch. 15.10 and may either approve or disapprove the plan. The Administrative 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 Administrative Official may also attach conditions to this approval in order to accomplish the objectives of this section and YMC 15.10.030. Section 6. Section 15.10.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.10.020 — Administrative Adjustment Of Some Development Standards Authorized The purpose of this section is to provide flexibility by allowing certain development standards in YMC Ch. 15.05 - 15.08 to be administratively adjusted.. A particular standard may be reduced or modified, so long as, the Administrative Official determines that the adjustment and/or reduction is consistent with the purpose, the intent and purpose of the standards, and will, accomplish one or more of the following objectives: A. Allow buildings to be sited in a manner, which maximizes solar access; B. Allow zero lot line or common wall construction in conformance with the provisions; C. Coordinate development with adjacent land uses and the physical features; D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accommodate the proposed structure or site improvement; or, . 15 E. Allow development consistent with a specific sub -area plan adopted by the appropriate jurisdiction. Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in YMC Ch. 15.17 for Class (1), and Class (2) uses . - . .. - - - - . .. - - - •- - ' - .' • • • and under Type (3) review for Class (3) uses. - _ • : - .- - - 0 - • -" The Administrative Official shall not have the authority to reduce the site design requirements for minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5 -2, or YMC 15.05.060. Section 7. The index of Chapter 15.20 of the City of Yakima Municipal Code is hereby amended to read as follows: CHAPTER 15.20 - ADMINISTRATION Sections: 15.20.010 Purpose 15.20.020 Administrative Official's— Duties And Powers 15.20.030 Planning Department — Duties And Powers 15.20.040 Hearing Examiner— Duties And Powers 15.20.050 Regien-al-P-IonaingCity of Yakima Planning Commission 15.20.060 Legislative Body • 15.20.070 No Personal Liability For Acts Or Omissions 15.20.080 Coordination With County /City 15.20.090 Entrance Onto Private Property 15.20.100 Statement Of Zoning District By City Or County Officials/Reliance Limited 15.20.110 Computation Of Time Section 8. Section 15.20.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.20.030 Planning Department -- Duties and powers. A. The planning department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; 2. Receive, record and file all applications for permits, approvals or other action, including class (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved class (2) and (3) uses and existing class (1), (2) and (3) uses under the provisions of Chapter 15.17; 4. Provide staff support to the City of Yakima Planning Commission on all long range planning matters a-FA -- proposed ordinance amendments, and Rezone applications; 16 • • 5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body; 6. Provide staff support to the, hearing examiner, City of Yakima Planning Commission, and legislative body; • 7. Perform any other act or duty authorized or assigned to it under the provisions of this title; 8. Maintain the official index of all permits and approvals under this title. Section 9. Section 15.20.040 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.040 — Hearing Examiner — Duties and Powers A. Office. The office of the 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 as used herein shall include Deputy Examiners and Examiners Pro -Tern. The hearing examiner shall be jointly hired and appointed by the City of Yakima and Yakima County. B. Authorities 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. • C. Effect of Decisions. 411 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.040: a. Type (3) review decisions; b. Variance requests; c. Home occupations; d. Revocation proceedings under YMC Ch. 15.24; . e. Nonconforming uses; f. Appeals of decision by the Building Official or Administrative Official; and, g. Any other authorized decision not expressly listed in subsection (C)4112) of this section. 2. 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 Comprehensive Plan, or which are of broad general applicability, shall be heard by the Regional City of Yakima Planning Commission. Section 10. Section 15.20.050 of the City of Yakima Municipal Code is hereby amended to read as follows 15.20.050 ' . • • • • • • • • • •• . . • City of Yakima Planning Commission. A. Establishment and Jurisdiction. The City Planning Commission is organized 41111 under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative bodies on long range planning matters. 17 • B. Authority and Duties. 1. As the long -range planning body for the City of Yakima, the City Planning Commission shall monitor the growth and development of the City of Yakima and continually reevaluate and recommend revisions to the City of Yakima comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the joint board at least once every five years commencing on the date of enactment of this title. This five year report shall: a. Analyze the extent to which development has actually occurred in the City of Yakima and evaluate this title in terms of its ability toguide growth in conformance with the City of Yakima comprehensive plan, b. 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, c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review, 5. Advise the legislative body on land use matters, 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner, and 7. Perform any other function authorized by law. Section 11. Section 15.23.030 of the City of Yakima Municipal Code is hereby • amended to read as follows: 15.23.030 Rezones -- Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the City of Yakima Planning commissionCommission; or, 2. A rezone application filed by the property owner(s). B. 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. C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner or City of Yakima Planning Commission 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 b' • - • - - : -City of Yakima Planning Commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of Chapter 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for 18 continuance or denial of the requested action. Other parties may appear in person or 411 by agent or attorney; or may submit written comments. shall in no Way be binding on the h ring examiner. ED. Deeisie Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the 1- fearing Examinerexaminer or City of Yakima Planning Commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with 411° neighboring land uses; and, 7. The public need for the proposed change. Notice of the hearing examiner's or the City of Yakima Planning Commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the City of Yakima Planning Commission on rezone applications shall constitute a recommendation to the legislative body. 1=E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the City of Yakima Planning Commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the City of Yakima Planning Commission's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner. the City of Yakima Planning Commission, or or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 15.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection (E) of this section. GF. 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. Section 12. Section 15.12.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 19 15.12.050 Final site plans. A. Final Site Plan Required. A Final Site Plan shall be submitted with all Type 1 Review applications, and shall be required as a condition of approval for all Type 2 and 3 Review applications. • . - • .. - - . - • ' . - . - - . - • •• - - - - ' - - - = -. • - - . -. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative official. B. Final Site Plans —Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as required by the department. Unless the department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of YMC 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. (Ord. 2008 -46 § 1 (part), 2008: Ord. 93 -81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986). Section 13. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this day of March, 2011. Micah Cawley, Mayor ATTEST: City Clerk • Publication Date: Effective Date: S 20