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HomeMy WebLinkAbout1987-3019 AMENDING YAKIMA URBAN AREA ZONING ORDINANCE ORDINANCE NO. 3019 • AN ORDINANCE relative to zoning; amending the Yakima Urban Area Zoning Ordinance; modifying definitions; limiting the level of review for some uses; deleting Class (2) review for Class (1) uses along arterials; amending Table 4-1, Table of Permitted Land Uses, and Table 411 4-2, Table of Permitted Home Occupations; clarifying the minimum lot size requirements in the overlay districts and in areas not served by public water and sewer; amending the design requirements and standards in Table 5-1 and the subdivision requirements in Table 5-2; amending provisions for off-street parking, sitescreen- ing and signs; repealing private road standards; clarifying the purpose and intent of the administra- tive adjustment section; reducing the review require- ments for some master applications; adding new categories in the fee schedule; adjusting the review times for the various stages of Class (2) review; extending the amount of time the Hearing Examiner has to issue his decision on an appeal; reducing the review time for expanding certain nonconforming structures; amending the criteria for modifying existing or approved Class (2) or Class (3) uses, and amending the following sections and subsections 15.04.030, 15.04.070, 15.04.110, 15.05.040, 15.06.050, 15.06.070, 15.07.050, 15.07.090, 15.07.110, 15.08.030, 15.08.040, 15.08.060, 15.08.080, 15.10.020, 15.10.040, 15.11.080, 15.11.100, 15.11.110, 15.12.050, 15.13.020, 15.13.050, 15.14.040, 15.14.050, 15.16.040, 15.16.070, 15.17.010, 15.17.020, 15.17.030, 15.17.040, 15.21.030, 15.22.030, 15.22.050, 15.02.020 A, 15.02.020 B, 15.02.020 C, 15.02.020 D, 15.02.020 F, 15.02.020 G, 15.02.020 I, 15.02.020 0, 15.02.020 R, 15.02.020 S, 15.03.030 8, 15.04.020 1, 15.04.090 B, 15.04.090 F, 15.04.090 G, 15.04.120 B, 15.04.120 C, 15.05.020 A, 15.05.020 D, 15.05.020 H, 15.05.030 C, 15.05.030 E, 15.06.040 A, 15.08.170 1, 15.12.020 A, 15.12.060 B, 15.12.060 C, 15.12.080 C, 15.16.030 B, 15.16.030 F, 15.17.050 A, 15.17.050 8, 15.23.030 F, 15.25.060 E; and amending Chapter 15.19 and repealing Section 15.09.060; all of the City of Yakima Municipal Code. WHEREAS, pursuant to law, the Board of Yakima County Commissioners held a joint public hearing with the Yakima City Council on April 30, 1987 at Yakima, Washington, for the purpose of hearing testimony concerning adoption of the proposed text amendments to the Yakima Urban Area Zoning Ordinance; and, WHEREAS, the proposed text amendments being considered by the Board of Yakima County Commissioners and Yakima City Council were recommended for adoption by the Yakima Urban Area Regional Planning Commission on January 7, 1987; and, WHEREAS, the Yakima Urban Area Regional Planning Commission held a public hearing on the proposed amendments before making their recommendation; and, WHEREAS, the Yakima City Council believes that all persons • desiring to speak for or against, or in relation to the proposed text amendments, were given a full and complete opportunity to be heard during the hearing process; and, WHEREAS, at the conclusion of the Joint Hearing the Yakima City Council closed the public hearing but continued the meeting to May 19, 1987 for the purpose of reviewing testimony and considering adoption of the proposed text amendments; and, WHEREAS, Chapter 36.70 of the Revised Code of Washington authorizes the Yakima City Council to adopt and amend official • controls including zoning ordinances; and, WHEREAS, the Yakima City Council finds that this amendatory ordinance furthers the purpose of the goals and objectives of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance and the public health, safety and general welfare; and, WHEREAS, the Yakima City Council concurs with the Yakima Urban Area Regional Planning Commission's findings of fact and analysis of factors with the additional findings that: (1) the following provisions need further study and should be stricken from text amendments recommended by the Planning Commission - a. The amendments to the definition and location of bed and breakfast; 1110 b. The amendments to the definition and location of school and the location of vocation school; c. The amendments to Section 15.10.030 Special Conditions of Approval; d. The amendment to Table 6-1 establishing parking standards for community centers, meeting halls, and fraternal organizations; and, (2) stairways and elevator shafts are not "usable" space and should be specifically excluded from the definition of gross floor area; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: 111 • -2- SECTION 1. Subsection 15.02.020 A of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. A Access Driveway means an entrance roadway from a street or alley 411 to a parking facility. Access Easement means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. Accessory Use means a use which is subordinate and incidental to a principal use. Administrative Official means the duly appointed Yakima County Planning Director or the Director of the City of Yakima Department of Community and Economic Development, whichever is appropriate. Agriculture means the tilling of soil, raising of crops and horti- culture. (see Table 4-1). Agricultural Building means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. 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. 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. 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. (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. 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. 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. Amendment means a change in the wording, content, or substance of this title, or change in the district boundaries on the • official zoning map. 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. -3- Animal Husbandry means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, • other than during the winter months, is from grazing in the pasture where they are kept. Appeal means a request for review of a reviewing official's decision, determination, order or interpretation of any provision • of this title. Applicant means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. Application for Development means the application form and all accompanying documents and exhibits required by this title or the responsible official. Arterial means a principal or minor arterial as shown in the optimal arterial street plan adopted in the Yakima Urban Area Comprehensive Plan. Attached means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or in the case of multi-story buildings by a common ceiling/floor(s). Automobile Service Station See "Service Station". Automobile, Truck, Manufactured Home and/or Travel Trailer Sales means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. Automotive Wrecking or Dismantling Yard means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. SECTION 2. Subsection 15.02.020 B of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions Bed and Breakfast See "Boarding House". Beverage Industries means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. 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. Brokerage Offices, Transportation means establishments primarily engaged in furnishing shipping information and acting as agents • in arranging transportation for freight and cargo. Building See "Structure". Building Area means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. 1110 Building Code means the uniform building code and related codes as amended and adopted by Yakima County/City of Yakima. Building and 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. -4- 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 Alb■- I I _ _ � I I I +DAP - ' MORE THIN 10' • A LESS THAN 10' A CASE1 CASE II DETERMINATION OF BUILDING HEIGHT IN FEET • 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. -5- • Section 3. Subsection 15.02.020 C of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. C ampground means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. Car Wash means 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. Caretaker Dwelling means a single family dwelling unit accessory to an agricultural, professional, commercial or indusrial use for occupancy by the owner/caretaker. Certificate of Zoning Review means that certificate issued by the planning department stating that the proposed use of the 11111 structure or land conforms to the provisions of this title. Change of Use means a change from one use listed in Table 4-1 Permitted Land Uses to another use listed in that table. Church means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction. City means the City of Yakima. Class (1) Uses are those uses set forth and defined in the text and tables of 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. 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. 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. Class (1), (2), or (3) Use, Approved means any use or development approved upon completion of Class (1), (2) or (3) review. Class (1), (2) or (3) Use, or Development, Existing means a use or development legally existing or legally established prior to the effective date of this title 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. Clinic means a structure for the medical examination and treat- ment of human patients, but without provision for keeping such patients overnight on the premises. -6- Communication Tower, means any tower, pole, mast, whip, or antenna, or any combination thereof used for radio or television transmission or line-of-sight relay. This definition includes • towers erected for use in the amateur radio service. Communication Tower, Height means the vertical distance above the ground measured to the highest point of the communication tower. Community Center means a facility owned and operated by a public agency or nonprofit corporation, provided that the principal use of the facility is for public assistance, community improvement, or public assembly. Community Water System. See "water system". Compatibility means the characteristics of different uses or development that permit them to be located near each other in harmony. 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. Concentrated Animal Feeding Operation means a structure or pens for the concentrated feeding or holding of animals or poultry, including but not limited to horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms but does not include animal husbandry. Condition(s) of A.proval means restrictions or requirements, imposed by a reviewing official pursuant to authority granted by this title. 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. County means Yakima County. Section 4. • Subsection 15.02.020 D of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. D fay means calendar day. (See 15.20.120 for Computation of Time) 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. • Day Care Center, Mini means any nursery school, preschool, child day care nursery 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. 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 11111 includes seafood, health food and other specialty food stores. Development means "use" as defined by this title. -7- Development Permit means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the S building /construction permit shall serve as the development permit. If no building /construction permit is required, the certificate of zoning review shall serve as the development permit. Development, Planned Residential means, in the residential dis- tricts, 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 facilities. This definition includes the clustering of residential units on a single lot. In the commercial districts, planned residential development means a mixed use development combining multi - family residential and 410 commercial use(s) into a single coordinated project. Divide means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner's "land" as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a division of land. Domestic Farm Animal means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. Driveway means the required traveled path to or through a parking lot for three or more vehicles. Drugstore means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical . products are sold as well. Dwelling means a structure or portion thereof designed exclusively for residential purposes. Dwelling, 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. 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 "manufactured home" and "mobile home ". 410 -8- Dwelling, Single Family Attached means two single family dwellings that are attached but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single- family dwellings. Dwelling, Single- Family Detached means one dwelling unit located • on one lot and not attached to any other dwelling unit. Dwelling, Two - Family means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex ". Dwelling Unit means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions of living, sleeping, cooking, eating and sanitation. SECTION 5. Subsection 15.02.020 F of the City of Yakima Municipal Code is hereby amended to read as follows: 11/1 15.02.020 Definitions. 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. Fence means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. Finding is a conclusion of fact reached by the reviewing official in a review process and based on the evidence available therein. Floodplain (one hundred year) means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. Floodway means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one foot rise in the water surface elevation of a 100 -year flood. SECTION 6. Subsection 15.02.020 G of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. G Glare is the reflection of harsh, bright light. Grade is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area - See 15.06.040. Group Home means a place for handicapped, physically or develop - • mentally 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. -9- SECTION 7. Subsection 15.02.020 I of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. ICBO Construction Table means that table representing average cost for most buildings produced from the building valuation data published in the Building Standards Magazine by the International Conference of Building Officials. Impervious Surface means any material which reduces or prevents absorption of storm water into previously undeveloped land. Intensity is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses. Irrigation and/or Drainage Facilities means all irrigation and/or drainage structures, including but not limited to: Standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. SECTION 8. Subsection 15.02.020.0 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. 0 Occupancy means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. Off-Street Parking means a parking space(s) and associated driveway(s) located beyond the right-of-way of a highway, street 4111 or alley. Open Space means an area of land or water that is substantially free of structures, impervious surfaces and other land-altering activities. Open Space, Common means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. SECTION 9. Subsection 15.02.020 R of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. R 1110 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. -10- Recycling Center means a facility where discarded household pro- ducts such as aluminum and tin cans, glass, paper, and other • similar individual consumer products are deposited and stored for future reprocessing. Residential Density means the number of dwelling units per net acre of land. This term includes dwelling unit density. Restaurant means an establishment operated primarily for pre- paring, cooking, and serving meals, with the serving of beverages as incidental thereto. Retail Services means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services. Retail Trade means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. 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. Retirement Home means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. Reviewing Official means the building 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. Rezone means to change the zoning district classification of particular lot(s) or parcel(s) of land. Right-of-Way Public means land deeded or dedicated to, or pur- l" chased by the City of Yakima or Yakima County for existing or future public pedestrian or vehicular access. 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. 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. 411 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. 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. Also see the definition of Access Easement. Road, Public means the physical improvement of the public right- of-way, including but not limited to surfacing, curbs, gutters and drainage facilities which is maintained and kept open by the City of Yakima or Yakima County for public vehicular and pedestrian use. -11- Section 10. Subsection 15.02.020 S of the City of Yakima Municipal Code is hereby amended to read as follows: 15.02.020 Definitions. School means a structure and accessory facilities in which pre- scribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. School, Vocational means the commercial use of a structure or land for teaching arts, crafts, or trades. Screen means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. 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. 111 Setback, Front is the minimum horizontal distance measured per- pendicularly 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. Setback, Side and Rear is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure. Except that a side setback on a corner lot, along the adjacent right-of-way shall be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline. Sewer System, Regional means sewer service provided by a munici- pality or special purpose district. Sewer System, Community means small, self-contained sewage treat- ment facilities built to serve developed areas generally found outside public sewer service areas. 1111 Sewer System, Individual means a system designed and constructed on-site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. Sign - See Chapter 15.08 for a complete listing of sign definitions. Site Improvement means any structure or other addition to land. Site Improvement, Required means any specific design, con- struction 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. Site Plan, Detailed means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. Site Plan, General means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes 4111 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). 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. -12- Standard, General means any standard not capable of precise numer- ical definition but which express the policies of the community in 1111 this title and which may be applied by a reviewing official during Class (2) or (3) review. Standard, Specific means those numerical standards established in Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. 111 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. Storage Facilities, Commercial means enclosed storage areas desi- gnated as support facilities for commercial activities and used for the storage of retail materials. Storage Facilities, Residential Mini-Storage means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. Street means public or private road. 1111 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. Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. Structure, Temporary means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Section 11. Subsection 15.03.030'8 of the City of Yakima Municipal Code is hereby amended to read as follows: 1111 15.03.030 District Intent Statements. 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. 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 on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing 1111 directly with the consumer, the primary occupants usually being a supermarket and drug store. -13- Section 12. Subsection 15.04.020 1 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.020 Land Use Classification System. • 1. Class (1) - Class (1) uses not requiring Class (2) review are permitted 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 zoning district in which they are located. Class (1) uses require Class (2) review when: a. All or part of the development, except for agricultural buildings and single family dwellings, and duplexes is in the Floodplain or Greenway Overlay Districts; or, b. All or part of a planned residential development, mobile home park or multi-family dwelling is in the Airport Overlay District; or c. The proposed use includes hazardous materials; or, d. The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15.10.020. 4111 Section 13. 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 Class (2) review in accordance with 15.04.020 1. All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. -14- 0 0 , 0 • • - ak WI • TABLE 4 -1 TABLE OF PERMITTED LAND USES • ZONING DISTRICTS I 1 1 Class (1) Permitted Use (See Note 1 and 2 below) SR R1 R2 R3 81 82 NB SCC LCC CBD CBDS M1 M2 2 1 Class (2) Requires Review and Approval by the Administrative Official (See Note 2) I h l 3 Class (3) Requires Public Hearing and Approval by ,,, J � ! a ' Hearings Examiner J J y J J = 1 J J J = t Q 3 J S x S O N N N W I W N ■ N y ! S ' S :g as u4 I �Q ,t` i NN 1 N VN I JN~ JNy Q Not Permitted � Jp � W ° F ° = LJ G J W W , W W W R ae } N u. mH mN °N J N ° ) t., N ~ h S =Z cc 2= 2 4C p LAND USES ytg ys , F- Ng 2E Ng & 9m sm w c°� r �c°�c"'.� cLIgEs tIm 00 0, = i= AGRICULTURAL (COMMERCIAL) AGRICULTURE Agriculture, Horticulture, General Farming (not feedlots and stockyards) 1 1 1 1 Agricultural Building (') 1 2 1 1 I s Agricultural Market (') 1 3 1 1 1 1 1 1 1 i Agricultural Stand (' 1 2 Cn - 1 1 I Agriculturally related industries (•) 3 3 1 1 Animal Husbandry: g 3 DU /Gross Acre' (See Footnote 4) (') 1 1 _ 1 1 > 3 DU /Gross Acre' 1 2 1 1 - Concentrated Feeding Operation 3 Floriculture, Aquaculture 1 2 1 1 1 1 1 1 1 1 AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION Bowling Alleys 2 2 1 1 1 . Campground (•) 3 2 2 2 2 Drive In Theatres 3 2 2 2 Fairgrounds 2 Game rooms, card rooms, electronic game rooms 3 1 1 2 _ _ Golf courses, clubhouses, gaff driving ranges 3 3 3 3 2 Gymnasiums, exercise facilities 3 2 2 1 1 1 1 3 Horse racing tracks, speedways 2 NOTES: 1. See Section 15.04.020.1(a -d) 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. (') 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 including the subject parcel. • • II III • • 1110 TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR 111 R2 R3 B1 B2 NB SCC LCC CBD CBDS M1 M2 Miniature golf courses '_____ ©_© ©00 ®_ Movie Theatres, auditoriums, exhibition halls II_______ ©000 ® Parks (•) '® 3 ©®© 3 ®© ® ®©©© Roller Skating Rink '____- ©_©EM®©©_ [ MM. M ©IMI©00 © © COMMUNITY SERVICES COMMUNITY SERVICES Cemeta ry MEMEMEMEEMMEMESIMMMEM Churches, synagogues, temples (') ®®®© ©©_ 2 ©MEE©_ Community Center (•) meeting halls, fraternal organizations ®___©©©©© 1 00S Convalescent, or nursing home and group homes (*) MENNEN...INNER Day Care centers: Mini: (3 -5 children) (•) 1 2 2 1 1 1 1 Family (6 or more children) (') 3 3 3 2 1 1 1 1 N Detention Centers 3 3 3 O-) Fire stations, police stations and ambulance service 3 3 3 3 2 2 1 1 1 1 1 1 Funeral homes 1 3 1 1 2 3 Halfway houses (•) 3 3 3 3 3 3 3 j Hospitals (') 3 3 3 3 3 3 3 Junior or community colleges 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 3 Museums, art galleries 3 3 2 1 2 1 1 1 1 1 Schools: Primary and Elementary (') 3 3 3 3 3 3 Junior and Senior High 3 3 3 3 3 3 Vocational Schools (•) 3 3 3 3 3 3 3 Storage of gravel and equipment for street construction 2 2 2 2 1 1 1 1 1 1 1 1 1 MANUFACTURING MANUFACTURING (MASS PRODUCTION) Aircraft parts 1 1 Apparel and accessories 3 1 1 Bakery products (wholesale) 3 3 3 2 2 1 1 1 Beverage industry 2 2 1 1 . Canning, preserving and packaging fruits, vegetables and other foods 1 1 NOTES: 1. See section 15.04.020.1 (a-d) 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. (') refers to definition in Chapter 15.02. 4. Also see mini day care and family day care under home occupations. i • • • • • TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2 7. 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 3 2 1 1 1 1 Cutlery, 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 I Furniture and custom cabinet shops 3 1 1 N Product assembly 2 1 1 I Glass, pottery and related products 3 1 1 Product assembly 2 1 1 Grain mill products 3 1 1 Heating apparatus wood stoves 1 1 Leather products 3 1 1 Leather tanning and finishing 1 1 Machinery and equipment 1 1 1 Meat, poultry and dairy products 3 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 3 2 1 1 1 Rendering plants, slaughter houses 3 .1 Rubber products 3 1 1 NOTES: 1. See section 15.04.020.1 (a-d) 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. (') refers to definition in Chapter 15.02. , • • • • • • TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2 Sawmills and planing mills 3 1 Sheet metal and welding shops 3 1 1 Stone products (includes finishing of monuments for retail trade) 3 2 1 1 Transportation equipment, including trailers and campers 3 1 1 MINING /REFINING MINING /REFINING Asphalt paving and roofing materials, rock crushing 3 3 1 Mining including sand and gravel pits (') 3 3 3 Any grading, leveling, excavation or stockpiling of earthen materials not associated with an approved class (2) or class (3) use 2 2 2 2 1 1 1 1 1 1 1 1 1 RESIDENTIAL RESIDENTIAL I Detached single family dwelling (') 1 1 1 1 2 2 ~ Detached single family dwelling (zero lot line) A Y 9( )(1 2 2 2 2 2 2 I Attached single family dwelling (common wall) (') 2 2 1 1 2 2 Two family dwelling (duplex) (') 2 2 1 1 2 2 Multi- family dwelling: 0 -7 DU /NRA (') 3 2 1 1 1 2 1 3 7 -12 DU /NRA 3 2 1 1 3 1 3 12 -18 DU /NRA 3 1 2 1 3 18< DU /NRA 1 2 1 3 Planned residential development: 0-7 DU /NRA (') 3 2 2 2 2 2 2 2 2 2 7 -12 DU /NRA 2 2 2 2 2 2 2 2 12 -18 DU /NRA 3 2 2 2 2 2 2 2 18 < DU /NRA 2 2 2 2 2 2 2 Mobile home parks (*) 3 3 2 2 2 2 Mobile home (') or manufactured homes (') See Section 15.04.120 Boarding house (') 3 2 1 1 2 1 2 Retirement homes (') 3 3 3 2 2 1 2 Temporary hardship units (see 15.04.110) 2 2 2 2 2 2 2 2 2 2 2 2 NOTES: 1. See section 15.04.020.1 (a-d) 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. (') refers to definition in Chapter 15.02. 4. Mobile home parks shall not exceed the maximum number of dwelling units permitted per net residential acre established in Table 5 -2. 0 • • • • • TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR R1 R2 R3 81 82 NB SCC LCC CBD CBDS M1 M2 RETAIL TRADE AND SERVICE RETAIL TRADE AND SERVICE Addressing, mailing and stenographic services 1 1 2 1 1 1 1 Advertising agencies 1 1 2 1 1 1 1 Animal clinic /hospital (•) 3 2 2 2 1 1 1 2 Antique stores _ 2 2 2 1 1 1 Artist's supplies 1 1 1 1 1 Automobile, truck, manufactured home and travel trailer sales 2 1 1 1 Automotive: Car wash (`) 2 1 1 1 1 2 Commercial parking lots and garages _ _ 2 1 1 1 1 1 1 Maintenance and service shops 2 1 1 1 1 2 2 Paint and body repair shops 2 3 1 1 1 1 2 I Parts and accessories (tires, batteries, etc.) 2 2 1 1 1 2 1--+ Specialized repair shops (radiator, engine, etc.) 2 2 1 1 1 1 2 I Towing services 2 3 1 1 1 2 2 Wrecking and dismantling yard (•) 3 1 ' Bakery 3 1 2 1 1 1 1 Beauty and barber shops 2 1 2 1 1 1 1 Boats and marine accessories 2 2 2 1 1 2 Books, stationery, office supplies 2 1 2 1 1 1 1 Building and trade (e.g. plumbing, heating, electrical, painting, etc.) 2 2 2 1 1 1 2 Butcher shop (') 1 2 1 1 1 1 1 Camera stores and photographic studios 2 1 1 1 1 1 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 _ Communication towers See Section 15.04.100 Computer and electronic stores 1 2 1 1 1 1 Delicatessen 3 1 2 1 1 1 1 Department, discount, variety stores 3 3 2 1 1 1 Drug stores (optical goods, orthopedic supplies) 2 1 2 1 1 1 1 Employment agencies (private) 1 1 1 1 1 1 Fabric store . 1 1 1 1 1 NOTES: . 1. See section 15.04.020.1 (a-d) 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. (') refers to definition in Chapter 15.02. 0 • • • • TABLE 4 -1 TABLE OF PERMITTED LAND USES ZONING DISTRICTS LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2 Farm and implements, tools and heavy construction equipment - _____.111-r 3 ©ME_ Farm supplies MI____ ____ ®0M._ Financial institutions ____© 1 _0 1 00®_ Food store, speciatty - ____0® 1 000_ Fuel, oil and coal distributors _________© 2 00 Furniture, home furnishings, appliances _- ___0000__ General hardware, garden equipment and supplies _- ___ ©© © © ©MII__ Grocery/convenience store: closed 10:00 p.m. to 6:00 a.m. - _ -__©®MMI 1 00 111M_ open 10:00 p.m. to 6:00 a.m. _____ ©©® ®MEMMII®_ Heating and plumbing equipment stores _- ___ ©_ ©oi70MO Heavy equipment storage, maintenance and repairs ®_______ ©M/111.11 Insurance agents, brokers and service agencies ____00© 1 ©0©__ 1 Jewelry, watches, silverware sales and repair _____ © ©I.M.M®0__ N 0 Kennels ( ") 3 3 2 1 I Laundries, Laundromats and dry cleaning plants 2 2 1 1 1 1 1 1 Liquor stores 2 2 1 1 1 Lumber yards 3 2 1 1 1 1 Medical and dental laboratories, offices and clinics 3 1 1 2 2 1 1 1 2 Motels and hotels 2 1 1 1 Motorcycles sales and repair (including maintenance, repair and parts) 2 2 1 1 • 2 Music stores 2 2 1 1 1 Nursery ( ") 3 1 1 1 1 1 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, government, etc. 3 1 1 2 1 1 1 1 2 . Real estate offices 3 1 1 2 1 1 1 1 2 Recycling center ( •) 1 1 Rental: auto, truck and /or trailer; fleet leasing services 3 2 2 1 1 1 1 Heavy equipment (except automotive) 2 2 1 2 small tools, lawn /garden equipment, sporting goods, etc. 2 2 2 1 1 1 1 NOTES: . • 1. See section 15.04.020.1 (a -d) 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. ( ") refers to definition in Chapter 15.02. 0 • o TABLE 4 -1 TABLE OF PERMITIID USES III ZONING DISTRICTS LAND USES SR R1 R2 R3 B1 B2 HB SCC LCC CBD CBDS M1 M2 1 Repairs: small appliances, TV's, business machines, watches, etc. 1 2 1 1 1 1 1 Locksmiths and gunsmiths 1 2 1 1 1 1 1 3 re- upholstery and furniture _ 2 3 1 1 1 1 3 small engine and garden equipment 2 3 1 1 1 1 3 Restaurants, cafes and drive -in eating facilities (•) 3 1 1 1 1 1 1 Second hand store 3 3 3 3 2 2 Service station (•): closed between 10:00 p.m. and 6:00 a.m.° 2 3 1 1 1 1 1 open between 10:00 p.m. and 6:00 a.m.° 3 3 2 1 1 1 2 Shoe repair and shoe shine shops _ 1 2 1 1 1 1 2 Signs See Chapter 15.08 Sporting goods, bicycle shops _ 1 2 1 1 1 1 Taverns and bars, dine, drink and dance establishments (•) _ 3 3 2 1 1 1 1 Toys and hobby stores 1 2 1 1 1 1 Truck service stations and stops 3 1 1 1 Waste material processing and junk handling (•) 3 3 1 TRANSPORTATION TRANSPORTATION Bus terminals, storage and maintenance facilities 1 1 1 1 t\] Transportation brokerage offices: without truck parking 1 1 1 1 1 1 I with truck parking 2 1 1 Contract truck hauling, rental of trucks with drivers 1 1 1 1 Air, rail, truck terminals (tor 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 1 UTILITIES UTILITIES - Power generating facilities 3 1 Utility services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1 1 WHOLESALE TRADE - STORAGE WHOLESALE TRADE - STORAGE - Warehouses (•) 3 1 2 1 1 Wholesale trade 2 1 1 1 1 Storage facilities: bulk (•) 3 3 1 1 commercial (•) 3 2 2 1 1 residential mini - storages (•) 3 3 3 3 2 3 3 2 2 1 1 NOTES: 1. See section 15.04.020.1 (a -d) 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.overtay district, see section 15.09.020. : • 3. (•) 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 fuel. 5. No sales, storage or commercial goods, repair facilities, offices, light manufacturing or other uses shall be permitted in residential mini - storage facilities. Section 14. Section 15.04.070 of the City of Yakima Municipal Code is hereby amended to read as follows: • 15.04.070 Caretaker Dwellings Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory uses in the CBDS, M-1 and M-2 Districts. Caretaker dwellings or shelters are also permitted in the B2, SCC, LCC and CBD District when 411 the dwelling is located within the structure used for the principal use. Section 15. Subsection 15.04.090 B of the City of Yakima Muncipal Code is hereby amended to read as follows: 15.04.090 Home Occupations B. 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 occupations are subject to the standards of this title, including the specific 410 conditions of section 15.04.090 C and the applicable review procedures of Chapters 15.13., 15.14 and 15.15. Specific uses not permitted as home occupations are listed in section 15.04.090 G. -22- • • • • TABLE 4 -2 PERMITTED HOME OCCUPATIONS 1. I Permitted Home Occupations (Class (1) review) SR R1 R2 R3 2 Requires Review by the Zoning Administrator (Class (2) review) 3 Requires Review by the Hearings Examiner (Class (3) review) E - ,- ?• .ra � E E m m A ' i o 7 .. a . A 7 0 LL O LL O LL O I I Not Permitted `" s " ¢ N °C " °c Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast 1 2 1 1 • Business Administration (') 1 1 1 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 Dog Grooming 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 2 2 Music Teacher 1 1 1 1 • Production of small articles by hand without the use of automated or production line equipment 1 2 2 2 Radio, television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Small engine repair 2 See Section Unclassified home occupations 15.04.090.6 1111 . NOTE: See 15.04.090 for other specific provisions for home occupations. -23- • Section 16. Subsection 15.04.090 F of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.090 Home Occupations. F. Unclassified Home Occupations - Review by the Hearing Examiner - Home occupations not listed in Table 4 -2 and Subsection (g) shall be reviewed by the hearing examiner in accordance with the provisions of Chapter 15.22. Provided, any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use. Section 17. Subsection 15.04.090 G of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.090 Home Occupations. G. Home Occupations Not Permitted - The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations: 1. Auto repair; 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary clinic or hospital; 5. Painting of vehicles, trailers or boats; 6. Large appliance repair including stoves, refrigerators, washers and dryers; 7. Upholstering; 8. Machine and sheet metal shops; 9. Martial arts school Section 18. Section 15.04.110 of the City of Yakima Municipal Code is hereby amended to read as follows: 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: 1. The applicant provides a physician's statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision. 2. The temporary hardship unit meets the minimum setback and 1110 height standards for principal uss in the applicable district. -24- 3. The temporary hardship units and principal dwelling together do not exceed the lot coverage standards for the applicable district. 4. The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy. 5. The approval of the unit will not materially harm the public interest, the intent of the district, or the character of the neighborhood. 6. 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/planning department • shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within 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. Section 19. Subsection 15.04.120 B of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.120 Placement of Mobile/Manufactured Homes in Resi- denital Districts. B. Location - The following provisions shall govern the location of mobile/manufactured homes within the Yakima Urban Area: 1. MOBILE HOMES: All mobile homes shall be placed in mobile home parks; • 2. SINGLE WIDE Manufactured Homes: a. Single wide manufactured homes meeting the siting criteria in (c) below are: (i) A Class (1) use - a. In mobile home parks; b. On individual lots in approved manufactured home subdivisions; c. On individual lots in the Suburban Residential (SR) District. 111 (ii) A Class (3) use - a. On individual lots in the R-1, R-2 and R-3 Districts. b. Single wide manufactured homes not meeting the siting criteria in (c) below are: 1111 (i) A Class (2) use - -25- a. On individual lots in the SR District. 3. MULTI WIDE Manufactured Homes: a. Multi Wide Manufactured Homes meeting the siting criteria in (c) below are: (i) A Class (1) use - a. In mobile home parks; b. On individual lots in approved manufactured home subdivisions; c. On individual lots in the SR District. (ii) A Class (2) use - a. On individual lots in the R-2 and R-3 Districts. (iii) A Class (3) use - a. On individual lots in the R-1 District. b. Multi-wide manufactured homes not meeting the siting criteria in (c)below are: • (i) A Class (2) use - a. On individual lots in the SR District. Section 20. Subsection 15.04.120 C of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.120 Placement of Mobile/Manufactured Homes in Residential Districts. C. 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, may be required to meet the following siting standards: 1. Roof Slope. Roof slope shall be not less than a two foot rise for each 12 feet of horizontal run. 2. Roofing Materials. Roofing materials shall be compatible S in appearance with surrounding site built homes. 3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site built homes. Section 21. Subsection 15.05.020 A of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.020 Site Design Requirements and Standards. A. Table of Site Design Standards and Subdivision Requirements - The provisions of this chapter and the requirements in Table 411 5-1 "Site Design Requirements and Standards" and Table 5- 2 "Subdivision Requirements" are hereby established for all development in the zoning districts indicated. 4 1/ 1 -26- • • • • • • TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS ZONING DISTRICTS SR R1 R2 R3 81 HB B2 SCC LCC CBD CBDS M1 M2 SITE DESIGN REQUIREMENTS AND STANDARDS ,. m m a E _ a. �" m C v u o C 9 . 9 E .2 C N N H' N - H M" .� q C u- C E C q C S H V . . M �, N - m y LL it 4 _ 2 T c c L— I: `m m y ' `T°. c `—' m e i; a s n G M gn 4 O A p % b H Y W q C C C C C •0 r h + ■ L 7 q 7 a¢ h ¢ - Af 2E¢ icm S E 5m25 rn V21 5 5 AS V mO Vm J DEVELOPMENT ON EXISTING LOTS OR PARCELS SEE SECTION 15.05.020 AND 15.19.040 LOT COVERAGE 45% 50`/0 1 80% J 85% I 90% 100 % Arterials 60 feet' 40 feet Calleclors 50 feet FRONT Local Access 45 feet 30 feet Private Road 37.50 feet 30 feel Minor Local Access 45 feet 50 feet 20 feet Private Access Easement 10 feet STANDARD Arterials 50 feet 40 feet STRUCTURE Collectors2 N SETBACKS s Local Access 40 feet 1 SIDE Private Road 32.50 feet Minor Local Access 40 feel 30 feet 20 feet Private Access Easement Property Line 5 feet 0 Residential District" 10 feel 15 ft 20 11 I 30 feet I 20 ft 30 feet Commercial /Industrial District" N/A 5 feet 10 ft 0 Properly Line 15 1t 1 20 it 1 15 feet 0 REAR Residential District" 15 feet 20 tt I 30 feet I 20 it 30 feet Commercial District" N/A 5 feet 1011 0 MAXIMUM BUILDING HEIGHT 35 feet 24 feet 1 35 ft 1 N/A I 50 ft I N/A In Required Front Setback 3 feet 6 inches STANDARD FENCE HEIGHT Behind Required Front Setback In Side and Rear Yards 6 feet 8 feet In Required Front Setback Not Permitted STANDARD SCREEN HEIGHT Behind Required Front Setback In Required Side And Rear Yards 15 feet SR I R1 R2 I R3 I B1 I H8 I B2 SCC 1 LCC CBD I CBDS M1 M2 NOTES: 1. Some open space may be required to assure conformity with the intent and provisions of this ordinance. 2. Measured from the centerline of rights -of -way. When the right -of -way exceeds 60 feet in width, or in the case of cul -de -sacs, the minimum front yard setback in the residential districts shall be 20 feet from the front property line and the minimum side yard setback in the residential districts shall be 10 feet from 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 designated arterials. 7, The rear setback from arterials. collectors and local access streets shall be the same as the front yard setback requirements from arterials, collectors and local access streets, provided. the required rear setback shall not be less than the required setback from a property line. • • • • • TABLE 5 -2 SUBDIVISION REQUIREMENTS ZONING DISTRICTS SR R1 R2 R3 B1 HB B2 SCC LCC CBD CBDS M1 M2 F.' SUBDIVISION REQUIREMENTS a u )- m p O H p r0 LL O H m V O C C O. 8. C- v m m y 0 -.4--2 V - C V H ; H 7 m C m i. m = m p 7 p g p 7 H E O m E ' O m 7 m p 7 O ~ I 4 m O 1 Vi , h S F-Q 72 2 ac m =m 5 ms vi C.1 Li 27 Li U c. Li mO J C = C [V W I MAXIMUM NUMBER OF DWELLING UNITS PERMITTED PER NET RESIDENTIAL ACRE 7 7 12 12 + N/A Detached S.F. Dwellings (per unit) 7,000 sq 11 6000 sq' 5,000 sq ft RESIDENTIAL USES Detached S.F. Dwellings w (By Dwelling Type, (Zero lot line) (per unit) y See Definitions 5,000 sq ft 4,000 sq ft o In Chapter 15.02) Attached S.F. Dwellings o (Common wall) (per unit) N/A Two- Family Dwellings m (Duplex) 8,000 sq ft 7,000 sq ft 2 5 Multi- Family Dwellings and Density may not exceed the maximum number of dwelling units permitted per net _ Planned Residential Development residential acre (Table 5 -2) PERMITTED NONRESIDENTIAL USES 10,000 sq ft I 5,000 sq ft 1 20.000sq• I 1 acre none 1 /1 acre All- (Except Attached S.F. Dwellings) 75 fts 50 feet 100 feet none I 70 ft 60 feet STANDARD LOT WIDTH Attached S.F. Dwellings (Common wall) 75 fts 50 11 35 ft 50 ft N/A SR R1 R2 R3 B1 HB 82 1 SCC LCC CBD CODS M1 M2 NOTES: 1. Mufti - family, or planned residential 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 is consistent with the goals and ob- jectives in the Yakima Urban Area Plan. 2. In the 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 thls 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. 6. One acre shall be the minimum lot size in Residential Districts within the Floodplain, Airport and Greenway Overlay Districts. , Section 22. Subsection 15.05.020 D of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.020 Site Design Requirements and Standards. D. Structure Setbacks are the minimum 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 a utility easement unless written permission is obtained from the easement grantee. The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the Yakima County/City Subdivision Ordinance. The standard structure setback in each district is shown in Table 5-1. Section 23. Subsection 15.05.020 H of the City of Yakima Muncipal Code is hereby amended to read as follows: 15.05.020 Site Design Requirements and Standards. H. Access Required - All new development shall have a minimum of twenty (20) feet of lot frontage upon a public road or be served by an access easement at least twenty (20) feet in width. The purpose of this standard is to provide for vehicular access to all new development. Provided, the construction of single-family and two-family dwellings on existing legally established lots are exempt from the requirements of this section. Section 24. Subsection 15.05.030 C of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.030 Creation of New Lots - Subdivision Requirements. • C. 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 and will vary by dwelling type, the suitability of the land for development, and the type of water and sewer system. The minimum lot size requirements in the Residential Districts are as follows: Situation Required Min. Lot Size In the Floodplain, Airport & 1 Acre Greenway Overlay Districts: When the lots will have an 1/2 acre, unless the Yakima Health individual water system and District determines that a larger • sewer system: area is necessary for the safe installation of approved water supply and sewage disposal systems. -29- Situation Required Min. Lot Size • When the lots are served by public or community water system or, a 14,500 sq.ft., unless the Yakima Health District determines that a corn sewer system: larger area is necessary for the safe installation of approved `.` water supply and sewage disposal • systems. When the lots are served by a public See Table 5-2 or community water system and the regional, or an approved community sewer systern: 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 Subsection B of this section. 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. Section 25. Subsection 15.05.030 E of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.030 Creation of New Lots - Subdivision Requirements E. Concurrent Subdivision and Zoning Review Required - Any application for a long subdivision which proposes a use or configuration of land or improvements which would require Class (2) or (3) review under this title shall, at or prior to the filing of such application, also file an application for such review under this title. Such application shall be heard by the hearing examiner concurrently with the subdivision application using the procedures for Class (3) review. Section 26. Section 15.05.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.05.040 Vision Clearance at Intersections. All corner lots at street intersections or railroads shall maintain, for safety vision purposes, a triangular area, one angle of which shall be formed by the lot lines (a and FIGURE 1 b) adjacent to the street(s) or railroad 5 - • _Crartarrta/ right-of-way. The sides of the triangle (a and b) forming the corner angle shall be thirty feet in length. The third side of the — 01 ; f c triangle shall be a straight line connecting points c and d. Nothing within the area :0 comprising the triangle shall be erected, 'I placed, planted or allowed to grow in such a manner as to materially impede vision between 1111 the heights of two and one-half and ten feet above the centerline of grades of intersecting streets and/or railroads. Also see 15.08.070 for clear view requirements at driveways and curb cuts. -30- Section 27. Subsection 15.06.040 A of the City of Yakima Municipal Code is • hereby amended to read as follows: 15.06.040 Off-Street Parking Standards A. Table of Required Off-Street Parking - The parking standards in Table 6-1 - Table of Off-Street Parking Standards are hereby established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. Gross floor area means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure, and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports, and off-street parking and loading spaces. Storage areas are included in gross floor area. However, the required off-street parking for storage areas shall be calculated at the rate of one space per 500 square feet rather than the specific parking standard established in Table 6-1. All required off-street parking shall be subject to the procedures of this title and the 4111 standards of this section. 4 110 4111 31 i • • • • • TABLE 6-1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) AGRICULTURE (COMMERCIAL) Agriculturally related industries: packing processij plants 1 space for each 300 sq. ft. of gross floor area storage facilities 1 space for each 1 000 s.. ft. of :ross floor area AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION Game rooms, card rooms, electronic game rooms 1 space for each playing table, or each 5 seats or each 3 machines, whichever is greater _ Horse racing tracks, speedways,_grandstands 1 s.ace for each 3 fixed seats or 54" of bench seating Bowling alleys 5 spaces for each lane G ,nasiums. exercise facilities 1 space for each 100 sq. ft. of gross floor area Roller skating rink 1 space for each 250 sq. ft. of skating surface area Swimming pools 1 s.ace for each 150 sq. ft. of water surface area Movie theatres 1 s.ace for each 4 seats Auditoriums, exhibition halls 1 space for each 100 sq. ft. of gross floor area 1 GO COMMUNITY SERVICES COMMUNITY SERVICES I Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or 54" of bench type seating) + 1 s.ace for each 40 sq. ft. of general reception /gathering area Convalescent, nursing and group homes 1 space for each 2 beds Fire and police stations 1 s.ace for each 200 sq. ft. of gross floor area Halfway house (detention center) 1 space for each 2 beds Hospital 1.5 s.aces 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 as Primary /Elementary and 1 space for each 4 students -over 16 years old Junior or community colleges 1 s•ace'for each 400 sq. ft. of gross floor area Juvenile detention centers 1.5 s.aces for each bed Libraries 1 s•ace for each 100 sq. ft. of gross floor area Museums, art galleries 1 s.ace for each 100 sq. ft. of gross floor area Preschools, daycare centers i 1 space for each em.lo ee +1 space for each 250 sq. ft. of gross area Vocational schools I 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing in Table 4 - 1 1 space for each employee per maximum shift RESIDENTIAL RESIDENTIAL Single family dwellin: 2 s.aces Two family dwellings 4 s.aces _ Multi- family dwellings (3 units. ( 5 spaces 4 units) 7 •aces (5 unit_) s (6 units or more ) 11._ races for each dwelline unit retirement homes 1 1 space for each dwelling unit • • • 1111 • TABLE 15-1 TABLE OF OFF - STREET PARKING STANDARDS LAND USE PARKING STANDARDS RETAIL TRADE AND SERVICES RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services — � 1 space for each 300 sq. ft. of gross floor area Advertising agencies _ _ ! 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 1 space 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 sq. ft. of gross floor area _Drug stores _ 1 pace for each 200 sq. ft. of gross floor area Employment agencies (private) ( 1 space for each 200 sq. ft. of gross floor area Farm supplies 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 GO Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area GO 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 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 Lumberyards _ 1 space for ea. 400 sq ft of gross flr. area of structure b covered storage area -Mote and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Hotels and hotels 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 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 for each storage space - -y _ Restaurants cafes, and drive -in eating facilities ' _1_ space for each 75 sg. ft. of dross floor area _ Retail service establishments in Table 4.1 but not listed above _ i 1 space for each 300 sq 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 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 1ross floor area - • _Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area -` Waste material processing and junk handling 1 space for each 500 so. ft. of gross floor area • • 4111 \ 41111 • TABLE 0-1 TABLE OF OFF-STREET PARKING STANDARDS LAND USE PARKING STANDARDS T TRANSPORTATION TRANSPORTATION Bus terminals, storage and maintenance facilities space for each 500 sq. ft. of gross floor area Air, rail, and truck terminals I space for each 500 sq. ft. of gross floor area -- Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES UTILITIES Utility services 11 1 space for each 800 sq. ft. of gross floor area WHOLESALE TRADE WHOLESALE TRADE Wholesale trade/warehouses 1 1 space for each 500 sq, ft. of gross floor area see residential mini-storage under retail trade and service Residential mini-storage • How to Use Table 6-1: 1. Calculate the gross floor area for the structure. (See 15.06.040 to determine gross floor area). 2. Determine the amount of gross floor area used for storage LOOMS. 3. Required off-street parking for storage rooms is one space per 500 square feet. • 4. Find the proposed use n Table 6-1 to determine the off-street parking requirement for the rest of the structure. Example: - The gross floor area of the structure is 3,000 sq. ft. - 1,000 sq. ft. of the structure is used for storage. The parking standard for storage rooms in one space per 500 sq. ft. (15.06.040) 1,000 $ 500 = 2 off-street parking spaces for the storage area - The proposed use is a shoe shop. According to Table 6-1 (page 50), shoe shops require one off-street parking space for each 300 sq. ft. of gross floor area 2,000 + 300 = 6.6 or seven spaces since fractions of • parking spaces are rounded up (15.06.050(2)). - The total required off-street parking for this use is 2 spaces (for storage areas) +7 spaces (for the rest of the gross floor area) 9 spaces Section 28. 4110 Section 15.06.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.06.050 Computation of Required Spaces. 110 The following rules shall apply in the determination of the number of required off-street parking spaces: 1. Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such number shall be changed to the next higher whole number. 2. 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. 3. 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 11111 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 agreement approved by the administrative official shall be filed with the County Auditor whenever two or more uses propose to share off-street parking facilities. 4. Tandem Parking. Parking spaces in tandem, having a single means of ingress and 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. Section 29. Section 15.06.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.06.070 Schedule of Minimum Parking Dimensions. Driveways and parking stalls shall conform to Table 6-2, which is hereby adopted as the schedule of minimum parking dimensions. Section 30. Section 15.07.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.07.050 Table of Required Sitescreening Standards. Table 7-1 title "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. -35- TABLE 7 -1 REQUIRED 8ITE8CREENIN0 BETWEEN U8E8 AND DEVELOPMENT 1 COLUMN 1 "Lowest Intensity District" in which each ADJACENT LAND USE is a Class (1) Use S LOWe3t Intensity Zoning ZONING DISTRICS ISBSITY • HIGHER Distrit' in which the LOWER + PROPOSED LAND USE or devel- pmene is • Class (l) Use SR I R1 I R2 A3 81 B2 I SCC LCC CBD CBDS 1 M1 , M2 ( SR A A A C C C C C I C I C : RL C C C :':t:: • , E R2 A C C C vl w R3 A A © C C I C z '" B l A 1 B B A M-- ' B B H B2 C C 1 B B A SCC C C B B LCC C 1 C C C I A 1 13 111 , CBD C I C I C C � , I I I A . B , CBDS C I C I C I C A 1 B If I , PC O 0 I C I C C B I O oA I B ' A I A l . A a { 1 1 I. = M2 C' C 1 C C I B B B B I B 1 B 1 A ! 1 1 Sitescreening generally not required IIII A 1 Letters refer to the sitescreening standards in 15.07.040. NOTES: s) Sitescreening shall not be required for the construction of 8ingle- Family dwellings and duplexes not part of a larger development (15.07.020). b) M -2 is the highest intensity zoning district and the remaining zoning districts decrease in intensity in the following sequence: M -1, CBDS, CBD, LCC, SCC, B -2, 8 -1, R -3, R -2, R -1 and SR. BOW TO USE TABLE 7 -1 EXAMPLE: Proposed use: Residential Mini- Storage ' 1. Refer to Table 4-1 to find the lowest intensity zoning district in which the proposed use is I permitted as a Class (1) use. If the proposed use is not a Class (1) use in any zoning district, then the level of sitescreening required, if any, shall be determined by the reviewing official. For residential mini storage this is M -1. Find this zoning district in Column 1 above. 2. Refer to Table 4 -1 to find the lowest intensity zoning district in which each adjoining use is permitted as a Class (1) use. If adjoining use is not a Class (1) use in any district or is an unclassified use, then the level of Sitescreening shall be determined by the reviewing official. '• 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 - B -2 S 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) -- None 4. Refer to specific sitescreening standards in 15.07.040. 5. Prepare sitescreening plan, see Section 15.07.090. • • • -36- Section 31. Section 15.07.090 of the City of Yakima Municipal Code is hereby • amended to read as follows: 15.07.090 Preparation of a Sitescreening Plan The reviewing official may require a sitescreening plan showing the approximate location, height, size and type of all plantings and fences whenever sitescreening is required. Section 32. Section 15.07.110 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.07.110 Retention and Maintenance. All sitescreening shall be maintained in accordance with the purpose and intent of this chapter. 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 cost thereof to the property owner. These costs shall constitute a lien on the property from the date of filing a notice of lien in the office of the county auditor. The lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by the county /city in the manner provided by law for the foreclosure of mortgages. Section 33. 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 the provisions of this title shall be erected, structurally altered or relocated after the adoption of this title without first receiving a development permit from the building official. 1. For New Uses - All on- 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. • 2. For Changes or Replacement of an Existing Sign - Structural changes to, or replacement of, an existing sign requires Class (1) review and approval by the building official. Section 34. Section 15.08.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.040 Exempt Signs. The following signs are exempt from the application, permit and fee requirements of this title when the standards of this • section are met: 1. Window signs; 2. Point of purchase displays, such as product dispensers; 3. Gravestones; 4. Barber poles; 5. Historical site plaques; 4110 6. Structures intended for a separate use such as phone booths, Goodwill containers, etc.; 7. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; -37- 8. Directional, warning or information signs or structures required or authorized by law, or by federal, state, county 110 or city authority; 9. Official flags of the United States of America, States of the United states, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations; 410 10. 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; 11. Construction and real estate signs not exceeding 32 square feet in sign area; 12. All temporary signs except portable signs; 13. Church name and church readerboards not exceeding 32 square feet in sign area; 14. Canopies and awnings; 15. On-premise signs not readable from the public right-of- 16. way, i.e. menu boards, etc. 17. On-premise directional signs 18. Wall signs 1 11 1 Section 35. Section 15.08.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.060 Sign Standards. The provisions of this chapter and the requirements in Table 8- 1 "Type and Number of Signs Permitted", Table 8-2 "Maximum Sign Area" and Table 8-3 "Sign Height and Setbacks" are 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. 110 -38- • 411/ . • 0 •. . TABLE 8-1 TYPE AND NUMBER OF SIGNS PERMITTED ZONING DISTRICTS SIGN TYPE , SR R1 T R2 R3 I li I 1 NB r 82 1 SCC 1 LCC CBD 1 CBDS 1 1-11 1 M2 1 1- 1 1 1 .1 . , . PERMITTED SIGNS . . . . . . . . . . . 0 4 Nameplate Class (1) Use N/A - . . c m Subdivision Identification ... m w Roof/Portable Signs • Class (1) Use m -.4 . • 8 - Not _____ ._. ___ w 2 F., Freestanding Permitted Are Subject to the Same Review And a Procedural Requirements as the Principle Use 0 Projecting 0 Freeway See Section 15.08.150 w Directional 1 Class m .4.. (2) Not Class (2) 1 Class (1) • ..., E Advertising Not Permitted i o w I Use Permitted Use Use P I I * • a Billboards 1 (3) I I • CA) . CO 1 NUMBER OF SIGNS PERMITTED Nameplate 1 per dwelling_ *N/A Subdivision Identification 1 on each st. frontage w 4 "81 Directional (on premise) 1 per access point w F. Freestanding 1 Freestanding or Projecting 2 Sign on a Not Each Street Frontage m Projecting o Permitted Wall/Roof/Portable signs Wall:See 15.08.100/Roof:See 15.08.090/Temporary:See 15.08.110 Freeway See Section 15.08.180 w ' Directional See Section 15.08.120(6) . Not -- ..., E o 0 w Advertising . Permitted 1 Sign Per Parcel (Also see 15.08.130) 1.., . • . a , • 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. • . III • 11111 III • IIIII TABLE II-2 MAXIMUM SIGN 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-SIGN 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 32 sq. ft. . - .. B1 24 sq.ft. 40 sq. ft. MB . . . B2 40 sq. ft. 60 sq. ft. Frontage is less 1 sq.ft. of sign area per 11/4 sq.ft. of sign area per I lineal ft. of frontage up' lineal ft. of frontage up to than 400 Ft. long . I SCC to 100 sq: ft. 150 sq. ft. 4= CD Frontage is more 1 sq. ft. of sign area per 11/2 sq. ft. of sign area per SIZE OF WHERE I lineal ft. of frontage up lineal ft. of frontage up to than 400 Ft. long WALL TO PERMITTED: to 150 sq. ft. 200 sq. ft. . WHICH UP TO 300 1 sq. ft. of sign area per 11/4 sq. ft. of sign area per Frontage is less ATTACHED SQUARE FOOT • lineal ft. of frontage up lineal ft. of frontage up to than 400 Ft. Long to 150 sq. ft. 200 sq. ft. LCC 1 sq. ft. of sign area per 11/2 sq. ft. of sign area per Frontage is more lineal ft. of frontage up lineal ft. of frontage up to than 400 Ft. long to 200 sq. ft. _ 250 sg. ft. GED 11/2 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 lineal ft. of frontage up lineal ft. of frontage up to than 400 ft. long to 150 sq. ft. 200 sq. ft. CBDS 1 sq. ft. of sign area per 11/2 sq. ft. of sign area per Frontage is more lineal ft. of frontage up lineal ft. of frontage up to than 400 ft. long to 200 sq. ft. 250 sq. ft. . , .. . , . M1 1 sq. ft. of sign area per 11/4 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 , . . . . - • • • • 411 TABLE 8-3 SIGN HEIGHT AND SETBACKS ZONING DISTRICTS SIGN STANDARDS SR R1 R2 R3 Bl HB 82 SCC LCC CBD 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- way Freestanding Sign is setback more 20 35 40 30 than 15 feet 10 Ft. 15 Ft. Ft Ft Ft Ft 40 Ft. from required right- of-way Projecting See Section 15 .08.080 Not Permitted 2 Wall Top of Wall to Which Attached 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 Section 15.A8.140 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. • .• Section 36. Section 15.08.080 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.080 Projection Over Right-of-Way. Projecting and freestanding signs shall comply with the following provisions: 1. No more than 1/3 of the height of any projecting sign shall exceed the height of the building to which it is attached. 2. All signs projecting over the public right-of-way shall 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 withintmo feet of the curb line. Section 37. Subsection 15.08.170 1 of the City of Yakima Municpal Code is hereby amended to read as follows: 15.08.170 Administrative Adjustment of Sign Standards Allowed 1. Com.rehensive Design Plan - A comprehensive design plan is required whenever adjustment of one or more sign design standards 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: 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. Section 38. Section 15.09.060 of the City of Yakima Municipal Code is hereby repealed. Section 39. Section 15.10.020 of the City of Yakima Municpal Code is hereby amended to read as follows: 15.10.020 Administrative Adjustments of Some Development Standards Authorized. The purpose of this section is to provide flexibility by allowing certain development standards in Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title, the intent and purposes of the standard, and will accomplish one or more of • the following objectives. -42- 1. Allow buildings to be sited in the manner which maximizes solar access; 2. Allow zero lot line or common wall construction in conformance with the provisions of this title; 3. Coordinate development with adjacent land uses and the physical features of the site; 4. Permit flexibility in the design and placement of structures and other site improvements. 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. Class (2) or (3) review is required to balance this flexibility and the general welfare of individual neighborhoods and the community. 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 15.05.030 and Table 5 -2. Section 40. Section 15.10.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.10.040 Authority to Impose Special Conditions Limited in Class (1) Review and Administrative Modification Review. Unless specifically granted in some other provision 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: 1) the State Environmental Policy Act (SEPA); or, 2) traffic engineering standards and policies established by Yakima County and the City of Yakima to protect the function and satisfactory level of service of arterial and collector streets. Section 41. Section 15.11.080 of the City of Yakima Municipal Code is hereby amended to read as follows: 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: 1. 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. 2. 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. 3. A complete application shall be reviewed by the department and if SEPA review is required, referred to the designated SEPA Responsible Official for SEPA review under the provisions of WAC 197 -11. No approval or permit shall be issued on the proposal until SEPA review is complete. • 4. 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. 5. 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. -43- 6. The department shall be responsible for assigning a date and assuring due notice of public hearing for each application requiring review by the hearing examiner. The date and notice shall conform with the statute or ordinance governing the application. 7. Upon final action and decision, the reviewing official or legislative body shall transmit its findings and decision 411 to the department. 8. 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. 41111 Section 42. Section 15.11.100 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.11.100 Fee Schedule and Administration. The legislative body hereby establishes the following schedule of fees and charges for variances, rezones, interpretations, appeals and other matters pertaining to this title. The fee schedule, Table 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. • 1111 -44- • TABLE 11-3 FEE SCHEDULE 1111 APPLICATION FOR FEE A. Class (1) REVIEW i 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) • ii Temporary Uses $ NC iii Class (1) Home Occupations Listed in Table 4 -2 $ 2_ B. CLASS (2) REVIEW • i Development Permits for Development Requiring Class (2) Review $17: ii Temporary Hardship Units $ 9C 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 i Development Permits for Development Requiring Class (3) Review, including Class (3) Home Occupations listed in Table 4 -2 $210 ii Modifications to Class (3) Development Requiring Class (3) Review Including Administrative Adjustment of Development Standards for Class (3) uses $210 iii A Change From One Nonconforming Use to Another or Expansion of a Non - 41/0 conforming 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 ii 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 (M1, 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. MASTER APPLICATION SEE 15.11.110(b) • -45- Section 43. Section 15.11.110 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.11.110 Master Applications. A. Process - Any person proposing a land use project which would require more than one of the permits or approvals listed in Table 11-1 may submit a master application to the planning 111 department on forms provided by the department. The master application shall be processed subject to the highest level of review applicable to any of the required permits or approvals. Class (3) review being higher than Class (2), and Class (2) review being higher than Class (1). For purposes of this section, the reviewing official's decisions shall have the following effect. If any of the required approvals constitute a recommendation to the legislative body, the decision of the reviewing official as to all such permits or approvals shall constitute a recommendation to the legislative body, otherwise the decision of the reviewing official shall be final subject to appeal pursuant to Chapter 15.16. B. Fees - When two or more zoning applications for the same project are processed as a master application, only the highest • fee, among the applications submitted, shall be charged. Section 44. Subsection 15.12.020 A of the City of Yakima Municipal Code is hereby amended to read as follows: 15.12.020 Required Permits. A. Development Permit - Except as provided in Subsection (c) of this section, no use, development or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part without the issuance of a development permit by the building official. When a building permit is required, the building permit shall serve as the development permit. Section 45. Section 15.12.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 1111 15.12.050 Final Site Plans. A. 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 shown on the original site plan and the additions and modifications required by the reviewing official. B. Final Site Plans - Form and Content - All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, tracing cloth of equivalent material as required by the planning department. Unless the planning department 111 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. C. Filing of Notice of Detailed Site Plan - In every case where 4110 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 -46- rile number of the application requiring the detailed site plan, 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 S 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. • Section 46. Subsection 15.12.060 B of the City of Yakima Municipal Code is hereby amended to read as follows: 15.12.060 Expiration and Cancellation of Development Per- mits and Certificates of Zoning Review. B. Development Permit and Building Permit Expiration - A development permit shall automatically expire and be terminated when: 1. A new or modified development permit is issued for the parcel or parcels affected; or, 2. The work or action authorized in the development permit has not begun within 180 days from the date of issuance thereof, unless a longer time is specified in the approval itself; or, 3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself. Provided, that prior to termination and expiration of a development permit under subsections B 2 and 3 of this section, 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 permit is about 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 expiration. Should the development 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. Section 47. Subsection 15.12.060 C of the City of Yakima Municipal Code is hereby amended to read as follows: 15.12.060 Expiration and Cancellation of Development Permits and Certificates of Zoning Review. C. Extension of any Approved Development Permit and /or Certificate of Zoning Review - A valid certificate of zoning review and /or a valid development permit may be extended one time only for up to one additional year by action of the administrative official. 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 4110 already completed on the project. The administrative official shall review the application without public notice of hearing and issue his decision within ten (10) days from the receipt of the completed application. The administrative official may (a) approve the extension, (b) 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 -47- showing cause shall be upon the applicant. The administrative official shall mail his decisions to the applicant and shall specify his decision as final unless appealed under the provisions of Chapter 15.16. • Section 48. Subsection 15.12.080 C of the City of Yakima Municipal Code is hereby amended to read as follows: • 15.12.080 Performance Assurance. C. Forms and Security - The applicant may provide security in the form of one or more of the following: 1. A cash security deposit with the county/city; or, 2. A bond; or, 3. A deed of trust mortgage on the subject or other property. Provided, however, that the quality, sufficiency, amount and exact form of the security are subject to the approval and satisfaction of the administrative official. Whenever any security is provided by an applicant it shall state directly or by reference all the following provisions: 1. The improvements or performance secured; 2. A date or dates of required compliance; 3. The amount of the security; 4. That the security is in favor of the Yakima County/City of Yakima; 5. That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided. Section 49. Section 15.13.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.13.020 When Required. Class (1) - Class (1) uses not requiring Class (2) review are permitted 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 zoning district in which they are located. Class (1) uses require Class (2) review when: 1. All or part of the development, except for agricultural buildings and single family dwellings, and duplexes is in the Floodplain or Greenway Overlay Districts; or, 2. All or part of a planned residential development, mobile home park or multi-family dwelling is in the Airport Overlay District; or 3. The proposed use includes hazardous materials; or, 4. The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15.10.020. Section 50. Section 15.13.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 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 the other uniform codes in effect and administered by the building official; (d) that proposed development complies with traffic engineering standards and policies established by Yakima County and the City of Yakima to protect the function and satisfactory level of service of arterial and collector streets; and (e) that any new improvements, or expansion of a structure comply with the standards of this title. -48- Section 51. Section 15.14.040 of the City of Yakima Municipal Code is hereby amended to read as follows: • 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 seven (7) days of receipt of III the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development 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. If additional information is required by the administrative official, the preliminary decision on the application shall be made within seven (7) days of receipt of the additional information. 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 five (5) 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 development site. 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. -49- J. Administrator's Decision - After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or 410 more of the following actions: a. Approve the site plan and issue a certificate of zoning review; b. Establish conditions for approval, or require other changes • in the proposed site plan; c. Authorize adjustment in the basic design standards in accordance with the provisions of Chapter 15.10; d. Request additional or more detailed information including but not limited to a written program for development; e. Refer the site plan to the hearing examiner for review, public hearing and decision; or, f. Disapprove the site plan. A request by the reviewing official for additional or more detailed information shall be made within seven days from the end of the comment period. 4. Conditional Approval - The administrative official may attache 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. Section 52. Section 15.14.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.14.050 Notification of Final Decision. The administrative official's final decision shall be issued 41/1 within seven (7) days from the end of the comment period, or, if additional information was requested, within seven days from the date the information was received by the reviewing official. The administrative official shall mail his other findings and decision to the applicant and to other parties receiving initial notice not later than three (3) working days following the issuance of the final decision. The Administrative Official shall also specify that his decision is final unless appealed to the hearing examiner. Section 53. Subsection 15.16.030(B) of the City of Yakima Municipal Code is hereby amended to read as follows: 15.16.030 Appeal of Decisions by the Building Official and Administrative Official. B. Appeal - All appeals shall be filed within fourteen (14) days following the mailing of the final decision by the • building official or administrative official. Appeals shall be filed with the Planing Department. If a final decision does not require mailing, the appeal shall be filed within fourteen (14) days following the issuance of the final decision. -50- Section 54. Subsection 15.16.030 F of the City of Yakima Municipal Code is hereby amended to read as follows: 15.16.030 Appeal of Decisions by the Building Official and Administrative Official. F. 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) working days from the conclusion of the hearing unless a longer period is mutually agreed to by the appellant 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 not later than three (3) working days following the issuance of the final decision. Section 55. • Section 15.16.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.16.040 Appeals of Decisions by the Hearing Examiner A. Appeals - The final decision of the hearing examiner on those applications listed in section 15.20.050 C 1. 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 by a person aggrieved, or by any agency of the city/county, affected by the decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen (14) days from the date of mailing of the examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s) 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. B. Appeal Procedures - 1. The planning department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed and shall 110 further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen(14) days of • the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the planning department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen (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 -51- 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 4110 presented to the examiner. 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which have been received. Section 56. Section 15.16.070 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.16.070 Effect of Appeals. Filing of an appeal stays all actions of the building official on pending applications for development permits associated with the action or decision being appealed. The filing of an appeal • shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits and approvals. Section 57. Section 15.17.010 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2) or (3) uses and certain other modifications that may be administratively approved under the provisions of this chapter. Section 58. Section 15.17.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.17.020 Modification to Permitted Development and Uses Regulated. All modifications to existing or approved Class (1), (2) or 41/1 (3) uses or development are subject to and shall be reviewed under the provisions of this chapter. Provided that an applicant may apply directly for Class (2) or (3) review. Any required time extensions for completion of required improvements or conditions shall be made and considered in accordance with the procedures established in 15.12.060 C for extending development permits. Changes in nonconforming uses and expansions of nonconforming structures are subject to the provisions of Chapter 15.19. Except that a structure that is nonconforming only by reason of excessive building height or substandard setbacks may be altered or expanded under the modification provisions of 15.17.050 when: The alteration or expansion: 1) Does not increase the degree of nonconformity; and 2) complies with development standards of the district in which it is located; and, 3) the nonconforming structure is occupied by a Class (1) or Class (2) use or a single family dwelling or duplex; and, 4) in the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is 50% or less of the existing building area. Uses or development not legally established prior to or under this 410 title may not be changed or modified under this chapter. Section 59. Section 15.17.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 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: 1. Normal structural repair and maintenance; 2. 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; 3. Alteration to land, including grading, leveling, paving, excavation, the fair market value of which is less than or $500.00; 4. The placement of a sign in conformance with the sign standards in Chapter 15.08. 5. Other items exempt under section 15.12.020 C . Section 60. Section 15.17.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.17.040 Modification of Approved and Existing Class (1) Uses and Development. Review of proposed modifications to approved Class (1) uses and to existing Class (1) uses and which do not require Class (2) or (3) review shall be conducted by the building official under the provisions of Chapter 15.13. Section 61. Subsection 15.17.050 A of the City of Yakima Municipal Code is hereby amended to read as follows: 15.17.050 Modification of Approved and Existing Class (2) and (3) Uses and Development. A. Application - Requests for modification to existing uses or development requiring Class (2) or (3) review, and uses and developments approved after Class (2) and (3) review, 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 official. The site plan shall also show the location, size, and type of modification proposed by the applicant. Section 62. Subsection 15.17.050 B of the City of Yakima Municipal Code is hereby amended to read as follows: 15.17.050 Modification of Approved and Existing Class (2) and (2) Uses and Development. B. Determination - Modifications to existing uses or development requiring Class (2) or (3) review or uses and developments approved after Class (2) and (3) review, may be administratively and summarily approved by the planning department if the department determines: 1. Any proposed change in the site design or arrangement: a. Will not increase residential density; and, b. Will not increase the amount of parking by more than 10% or 20 spaces (whichever is least); and, c. Will not change or modify any special condition previously imposed under Class (1), (2) or (3) review; and, d. Will not increase the height of any structure; and, e. Will not adversely reduce the amount of existing ] V or location of required 410 f. Will not expand an existing nonconforming use, except as provided for in 15.17.020, or render a conforming structure nonconforming; and, g. In the determination of the planning department will not create or materially increase any adverse impacts or undesireable effects of the project. -53- 2. Any new use or change in use proposed: a. Is a Class (1) or (2) use in that particular district; and b. Is similar in character and hours to the operation and the use originally approved or existing; and, c. The off-street parking and sitescreening requirements for the new use are equal to or less than the existing use. 3. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of Chapters 15.05 through 15.08. 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. Section 63. Chapter 15.19 of the City of Yakima Municipal Code is hereby amended to read as follows: • CHAPTER 15.19 NONCONFORMING USES AND STRUCTURES Sections: 15.19.010 Purpose and Intent. 15.19.020 Illegal Uses, Structures and Lots Not Permitted. 15.19.030 Establishment. 15.19.040 Development on Existing Lots of Record. 15.19.050 Continuation of Nonconforming Uses. 15.19.060 Nonconforming Structures. 15.19.070 Change from a Nonconforming Use to a Class (1), (2) or (3) Use. 15.19.080 Reconstruction of a Nonconforming Use and Structure Damaged Beyond 75% of Value - Change from a Noncon- forming Use to Another Nonconforming Use - Expansion of a Nonconforming Use or Structure 15.19.090 Modifications of an Approved Site Plan for a Non- ", conforming Use or Structure. 15.19.100 Discontinuance of a Nonconforming Use or Structure. 15.19.110 Sale of a Nonconforming Use or Structure. 15.19.010 Purpose and Intent. Within the districts established by this title, or amendments that may later be adopted, there may exist lots, structures, and uses which were lawful before this title was adopted or amended, but because of the application of this title, no longer conform to the provisions and standards of the district in which they are located. This chapter provides for the regulation of these legal nonconforming lots, structures, and uses, and specifies those circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and expand. Except as otherwise provided, it is the intent of this title to permit legal nonconforming uses or structures to continue to exist without specific limitations as to time. Modifications or changes to or involving such nonconformities are subject to the provision • and policies of this title. -54- 15.19.020 Illegal Uses, Structures and Lots not Permitted. Structures, lots, required site improvements, uses and/or developments which were not legally established or existing as of • the effective date of this title retain their illegal status and must be abated or fully conform and comply with the procedural and substantive provisions of this title. 15.19.030 Establishment. The burden of establishing that any 411 nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the county/city. Upon request, the Administrative Official shall assist the property owner in locating public records which pertain to the legal status of the nonconformity. 15.19.040 Development on Existing Lots of Record. In any district, any permitted use or structure may be erected on any existing lot or parcel. Provided that no zero lot line, common wall, duplex or 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 development involves the replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multi-family development. This section shall apply even though such lots fail to meet the requirements for area or width, or both, • that are generally applicable in the district. Provided that the setback dimensions of the structure shall conform to the regulations of the zoning district in which the lot is situated. Section 15.05.020 B contains additional provisions for development on nonconforming lots. 15.19.050 Continuation of Nonconforming Uses. A. Generally - Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of section 15.19.070 or section 15.19.080. B. Continuation When a Nonconforming Use is Damaged or Destroyed - The following provisions shall apply when a nonconforming use is damaged or destroyed: 1. When a nonconforming use and associated structure are damaged, and reconstruction costs do not exceed 75% of the structures value using the most recent ICBO construction 111/ tables, 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 15.19.060 C . 2. When the reconstruction costs of a nonconforming use and associated structure exceed 75% of the structures value using the most recent ICBO construction tables, the hearing examiner shall determine whether or not the nonconforming use shall be allowed to continue in accordance with the provisions of section 15.19.080. 411 15.19.060 Nonconforming Structures. A. Generally - Any legal nonconforming structure may continue so long as it remains otherwise lawful. A nonconforming structure other than a required site improvement may be included in and/or changed as part of any development, or modification to development, subject to review and approval under the procedures and provisions of this title. Provided • that nothing in this section shall authorize the expansion or change of a nonconforming structure except as otherwise provided for in this chapter. The required site improvements, parking and signs, are subject to the more specific policies on nonconforming parking and signs in Chapters 15.06 and 15.08 which shall control and govern. -55- B. Maintenance of a Nonconforming Structure - Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing. Provided, that 110 the value of work and materials in any twelve month period does not exceed twenty-five percent of the value of the structure using the most recent ICBO construction tables prior to such work. This chapter is not intended to apply to the rehabili- tation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure. C. Reconstruction of a Nonconforming Structure When Damage Does Not Exceed 75% of its Value - When a nonconforming structure is damaged and reconstruction costs do not exceed 75% of its latest value, using the most recent ICBO construction tables, the building official shall issue a development permit allowing the structure to be rebuilt as it was immediately prior to the damage or in a manner that is less nonconforming. Provided, no reconstruction of a nonconforming structure shall be performed without the issuance of a development permit by the building official. 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 1111 required. The property owner shall provide the information necessary to reasonably assure the building official that the reconstruction being authorized complies with this section. The information provided shall include, but not be limited to: 1) a general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being damaged; 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 reconstruction in conformance with the site plan or in a manner that is more conforming with the provisions and standards of the zoning district in which it is located. If the building official determines that the requested reconstruction amounts to an expansion of the nonconforming structure he shall forward the application to the hearing examiner for review under the provisions of section 15.19.080. 1111 D. Reconstruction of a Nonconforming Structure When Damage Exceeds 75% of its Value - The following provisions shall apply when the reconstruction costs for a damaged nonconforming structure exceeds 75% of its value using the most recent ICBO Construction Tables: 1. 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. 2. When a damaged nonconforming structure was used for a non- conforming 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 15.19.080. 15.19.070 Change from a Nonconforming Use to a Class (1), (2) or (3) Use. The following procedures shall be followed for changing a non- 11/1 conforming use to a Class (1), (2) or (3) use: 1. Change to a Class (1) Use - Application for changing a nonconforming use to a Class (1) use shall be made under the provisions of Chapter 15.13 Class (1) Review. -56- 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) Review. The • administrative official may approve the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district and the provisions and standards established herein. • 3. Change to a Class (3) Use - Application for changing a nonconforming use to a Class (3) use shall be made and reviewed under the provisions of Chapter 15.15 Class (3) Review. 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. 15.19.080 Reconstruction of a Nonconforming Use and Structure Damaged Beyond 75% of Value - Change from a Nonconforming Use to to Another Nonconforming Use - Expansion of a Nonconforming Use or Structure. The following procedures shall be followed to change a nonconforming use to a different nonconforming use, expand a nonconforming use throughout a structure, 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 value using the most recent ICBO Construction Tables. These procedures shall also be used to expand a nonconforming structure throughout a lot. Provided, a structure that is nonconforming only by reason of excessive building height or substandard setbacks or is a nonconforming single family dwelling, may be altered or expanded under the modification provisions of 15.17.050 when: The alteration or expansion: 1) does not increase the degree of nonconformity of the structure; and, 2) complies with development standards of the district in which it is located; and, 3) the nonconforming structure is occupied by a Class (1) or Class (2) use or is a single family dwelling or duplex; and, 4) in the case of expanding a nonconforming single family dwelling or duplex, the proposed expansion is 50 percent or less of the existing building area. The provisions of 15.17.050 shall also be used for the S reconstruction of a nonconforming single family dwelling damaged beyond 75% of its value using the most recent ICBO tables. 1. Application - The application procedures shall be the same as those established in section 15.15.030 for Class (3) uses. A detailed site plan conforming to the provisions of section 15.11.050 shall accompany any applications required by this section. 2. Public Hearing and Review - The planning department shall review and process the application under the provisions of section 15.15.040. The hearing 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 compatible with the character of the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the provisions and intent of the zoning district; and, -57- c. That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested; and, d. That the use or structure was lawful at the time of its inception; and, e. That the value of nearby properties will not be sig- nificantly 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 in Subsections 3 a through e of this section are not met. 4. Findings and Conclusions - The hearing examiner shall pre- pare 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 Subsection 3 above. The hearing examiner shall issue a certificate of zoning review in 1111 accordance with section 15.15.060 upon approval of an application and accompanying site plan. 5. Conditional Approval - When approving a change in, or the expansion, reconstruction, or replacement of a nonconforming use or structure, the hearing 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 Noncon- forming 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: II/1 1. Is succeeded by a Class (1), (2) or (3) use or, 2. Is succeeded by another use or structure that is less non- conforming; or, 3. Is discontinued and not re-established within twelve months; or, 4. Is damaged and application for rebuilding or replacement is not made within six months of such damage; or, 5. Is damaged to the extent that reconstruction costs exceed 75% of its value using the most recent ICBO Construction Tables and the replacement of the nonconforming use and structure is denied by the hearing examiner in accordance with the pro- visions 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 to 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 of a nonconforming structure. II/ -58- Section 64. Section 15.21.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.21.030 Criteria for Variance Approval. 41/0 A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public interest, is not self-created, and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant must 111 clearly establish and substantiate that the request for variance conforms to all the requirements and standards listed below: 1. That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 2. That granting the variance will not permit the establishment of any use not permitted in a particular zoning district. 3. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure. 4. That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must 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. 5. That granting of the variance is necessary for the reasonable use of the land or structure and that the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose. Section 65. 41/0 Section 15.22.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 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 a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpretation shall be mailed to the person requesting the interpretation and published once at least ten days prior to the hearing. Section 66. Section 15.22.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 4111 15.22.050 Use Interpretations. The following conditions shall govern the hearing examiner in issuing use interpretations: (Also see Section 15.04.040 Unclassified Uses). 1. No use interpretation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2. -59- 2. No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. 4 10 Section 67. Subsection 15.23.030 F of the City of Yakima Municipal Code is hereby amended to read as follows: 15.23.030 Rezones - Zoning Map Amendments. F. Action by the Legislative Body - Upon receipt of the hearing examiner's recommendation on 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 subsection E of this section. 4111 Section 68. Subsection 15.25.060 E of the City of Yakima Municipal Code is hereby amended to read as follows: 15.25.060 Enforcement and Administration. E. Citations - Whenever the building and enforcement official determines that 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 authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon 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 prescribed 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. SECTION 69. This amendatory ordinance shall become in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. 411 PASSED BY THE CITY COUNCIL, signed and approved this 11 day of May, 1987. h. 'AAR f A . 44' t•AA14 Mayor 111/ ATTEST: - MAY 1 6 1987 Leket - ti ll v..' ‘al D4{ MAY 2 2 1987 City Clerk cting) 1;(C AIN 2 2 W -60-