HomeMy WebLinkAbout03-22-2023 YPC Agenda Packet
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
nd
129 North Second Street, 2 Floor, Yakima, WA 98901
ask.planning@yakimawa.gov www.yakimawa.gov/services/planning/ypc/
CITY OF YAKIMA PLANNING COMMISSION
Yakima City Hall Council Chambers
nd
129 N 2 Street, Yakima, WA 98901
March 22, 2023
3:00 p.m. 5:00 p.m.
YPC MEMBERS:
Chair Jacob Liddicoat, Vice-Chair Lisa Wallace, Leanne Hughes-Mickel,
Robert McCormick, Mary Place, Colleda Monick, and Frieda Stephens
City Council Liaison: Soneya Lund
CITY PLANNING STAFF:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Admin Assistant)
Joseph Calhoun (Planning Manager), Eric Crowell (Senior Planner), Eva Rivera (Planning
Technician), Irene Linos (Temp. Department- Assistant I)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Approval of Meeting Minutes of March 8, 2023
V. Airport Safety Overlay Discussion
VI. YPC Bylaws
VII. Title 15 updates
VIII. Public Comment
IX. Other Business
X. Adjourn
Next Meeting: April 12, 2023
The meeting will also be recorded and posted on the Y-PAC website.
Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes.
City of Yakima Planning Commission (YPC) Meeting Minutes
City Council Chambers
March 8, 2023
Call to Order
Chair Liddicoatcalled the meeting to order at 3:08p.m.
Roll Call
YPC Members Present:ChairJacob Liddicoat,Mary Place,Colleda Monick, Rob
McCormick
YPC Members Absent:Lisa Wallace, Frieda Stephens,Leanne Hughes-Mickel (all
excused)
Staff Present:Joseph Calhoun; Planning Manager;Eva Rivera, Planning
Technician
Staff Announcements–Planning Manager Calhoun announced the following:
New Airport Directorstarts next week,the plan is to addairport discussion tothe next
meeting agenda.
Assistant Planner position had 25 applicants, 11 met the qualifications.The Associate
Planner position will reopen to reach more qualified applicants.Two Assistant Planners
may be hired from the qualified pool if no qualified applicants for Associate Planner can
be found.
Currently following House Bill 1110 whichwill require a fourplex on lots zoned for
residential use.
February 22, 2023,Meeting Minutes–It was motioned by Commissioner Placeand seconded
by Commissioner McCormickto approve the meeting minutes of February 22, 2023,as
presented. The motion carried unanimously.
Title 15 Text Amendments-Calhoun went overthe track changes andthe existing business
license process the city does in conjunction with the Department of Revenue.He explained how
some home occupation businesses were having to go through a commercial land use review due
to the zoning of the property even though it was an accessory use of the home. The proposed
changes would allow home occupation businesses in any zoning district as long as the primary
use is that of a residence. He continued with the category definition changes and the commission
provided input. Calhoun also spoke about the extra lines that appeared on the setbacks tableto
be removed and the clarificationson permit procedure related tofinal plat acceptance.He
concluded with the removal of subdivision appeals from 14.50to 16.08.
Public Comment–None
Other Business–Commissioner Place spoke aboutthe mother-in-law housing bill passed by
the legislature to allow an additional dwelling in residential zones and if that would have any effect
on our code. Calhoun answered it could have an effect and cause changes but he would need to
wait for the final bill.Chair Liddicoat asked about ADU standardized plans and Calhoun responded
he did not have an update.
Adjourn–A motion to adjourn to March 22, 2023,was passed with aunanimous vote. The
meeting adjourned at approximately 3:31p.m.
Chair Liddicoat Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Eva Rivera, Planning Technician.
-1-
Chapter 15.30
AIRPORT SAFETY OVERLAY (ASO)
Sections:
15.30.010 Purpose.
15.30.020 Applicability.
15.30.030 Definitions.
15.30.040 Airport safety overlay zones.
15.30.050 Height limitation.
15.30.060 Land use overlays.
15.30.070 Application requirements.
15.30.080 Nonconforming uses.
15.30.010 Purpose.
The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at
McAllister Field and any other state and federal system airports from airspace obstructions or
hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or
other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77.
Property within the airport safety overlay may be exposed to aircraft noise, vibration, fumes, dust
and fuel particulates, as may be inherent in the operation of aircraft, now known or hereafter used for
aircraft navigation and flight while using said airspace for landing at, taking off from, or operating
within the airport area.
15.30.020 Applicability.
The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses
located within those areas that are defined by the airport overlay district and designated on the
Yakima Air Terminal at McAllister Field Part 77 Surfaces map which identifies areas of height
limitations and the airport safety overlay zones map shown below as Figure 30-1. (This figure is for
illustration purposes only. An accurate depiction of the airport safety overlay zones map can be
15.30.030 Definitions.
The following terms are established for the purpose of protecting the airspace of the Yakima Air
Terminal at McAllister Field or any other state and federal system airport:
Figure 30-1: Airport Safety Overlay Zone Map
all property designated in the Yakima Air Terminal at McAllister Field Master Plan as part of the
airport.
from sea level. The Yakima Air Terminal at McAllister Field is one thousand forty-nine feet above
mean sea level.
operty and all land within the airport safety overlay zones 1
through 6 as described in YMC 15.30.040 and depicted in the airport safety zones map adopted in
the Yakima Air Terminal at McAllister Filed Master Plan.
cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses
specifically include runways, taxiways, and their associated protected areas defined by the Federal
Aviation Administration, together with aircraft aprons, hangars, fixed base operations, terminal
buildings, etc. Other uses also include airport commercial, airport industrial, and airport operations,
as defined in YMC 15.02.020.
e extended runway
centerline, extending outward and upward from the end of the primary surface and at the same slope
as the approach zone height limitation slope set forth in YMC 15.30.050. The perimeter of the
approach surface coincides with the perimeter of the approach zone.
the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.
15.30.070(D), as a note on the face of a
short plat, major subdivision or binding site plan or recorded against the property notifying potential
property owners that the property is located adjacent to an active airport and said property may be
impacted by aircraft noise, odors, vibration, and low flying aircraft.
-
Aviation Administration (FAA) requires to be completed by anyone who is proposing to construct or
alter an object that could affect airspace within the airport influence area and allows the FAA to
conduct an airspace analysis to determine whether the object will adversely affect airspace or
navigational aids.
49 CFR of the Federal Aviation Regulations that deals
with objects affecting navigable airspace.
ay of
an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal;
and (5) conical.
the safe and efficient utilization of the navigable airspace.
Height. For the purpose of determining the height limits in all zones and as shown on the Yakima Air
Terminal at McAllister Field Future Part 77 Zones map, this datum shall be height above mean sea
level elevation unless otherwise specified.
elevation, the perimeter of which plane coincides with the inner perimeter of the conical surface. This
is one thousand one hundred ninety-nine feet above mean sea level for the Yakima Air Terminal at
McAllister Field.
community, especially land that is surrounded by existing uses similar to the ones proposed. This
may mean further subdivisions of existing parcels to accommodate additional growth, redevelopment
of underutilized property to increase its density or intensity, or simply creation of new development
on vacant land.
the adoption of a development regulation that would otherwise prohibit its use.
ter.
alteration, including equipment or materials used therein which exceeds a limiting height set forth in
YMC 15.30.050.
use of aircraft instruments and ground-based electronic or communications systems or devices. An
aircraft making such an approach should be flying in accordance with an IFR (Instrument Flight
Rules) flight plan.
feet for instrument approaches and five hundred feet for visual approaches. When the runway has a
specially prepared hard surface, the primary surface extends two hundred feet beyond each end of
the runway. The elevation of any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline. The elevation of the primary surface at the Yakima Air
Terminal at McAllister Field is one thousand forty-nine feet above mean sea level.
of aircraft along its
length.
Transitional Surfaces. These imaginary surfaces extend outward at ninety-degree angles to the
runway centerline, and runway centerline extended, at a slope of seven feet horizontally for each
foot vertically from the sides of the primary and approach surfaces to where they intersect with the
horizontal and conical surfaces.
procedures, with no straight-in instrument approach procedure and no instrument designation
indicated on an FAA-approved airport layout plan.
15.30.040 Airport safety overlay zones.
Zone 1Runway Protection Zone. This zone encompasses the runway protection zone (RPZ) at
each end of the runway and should use the RPZ dimensions established in accordance with FAA
standards (RPZ dimensions depend mostly on the visibility minimums for the approach to that
runway end). Also included in the zone are the strips of land immediately adjacent to the runway
where FAA standards preclude structures. Zone 1 is where the greatest concentration of accidents
take place.
Zone 2Inner Approach/Departure Zone. This zone wraps around and extends beyond zone 1
along the runway centerline. Next to the RPZ, it represents the area where the risk of aircraft
accidents is the greatest. On departure, aircraft are typically at full power in the initial phase of climb.
On approach, they are at low altitude as they prepare for landing.
Zone 3Inner Turning Zone. This zone is a wedge-shaped area lying along the sides of zone 2. It is
primarily significant at general aviation airports where most of the flights are visual. At airports where
most aircraft approach and depart on instrument flight plans, then the close-in turns which are the
concern with zone 3 can be a narrow wedge. When operating visually, departing aircraft may begin
turning over this area to fly toward their destination or to remain in the traffic pattern. Arriving aircraft
often overfly this area as well, especially if they are flying a tight pattern. One type of accident known
to occur in this area is a low-altitude stall-spin that can happen if a pilot attempts to make too tight of
a turn.
Zone 4Outer Approach/Departure Zone. This area lies beyond zone 3 along the extended runway
centerline. Aircraft flying straight out or in overfly this area at low altitude. The zone is particularly
significant on runways where much of the operations are on instrument procedures and at busy
airports where elongated traffic patterns are common. The risks in this area are moderate, but less
than in zones 1 through 3.
Zone 5Sideline Zone. Lying in narrow bands along each side of the runway, aircraft do not
normally fly over the sideline zone. The principal risk is from aircraft that lose directional control while
landing or just after takeoff. The risks are lower than in zones 1 through 3 and similar to those of
zone 4.
Zone 6Traffic Pattern Zone. The final zone contains the remainder of the airport environment
where aircraft fly as they approach and depart the airport or are engaged in flight training. In area,
zone 6 is typically larger than the other zones combined. A substantial percentage of accidents take
place here, but they are scattered over the large area.
15.30.050 Height limitation.
The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces
Objects Affecting Navigable Airspace, and are described below. All height limitations shall adhere to
the FAA approved airport layout plan.
Height Limitation 1 (Zones 1, 2, 3, 4, and 5). No building within this zone shall exceed thirty-five feet
above the ground.
Height Limitation 2 (Zone 6). No building within this zone shall exceed thirty-five feet above the
ground. Any building proposed to exceed this height must undergo further review by the airport
manager and the FAA.
The administrative official may require lights or markers as a warning to aircraft on any building,
structure, communication tower, use, or tree(s) or to top the tree to reduce its height when
recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers
shall meet FAA specifications.
Whenever the height limitations of this section differ from those of any other section of this chapter,
or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply.
15.30.060 Land use overlays.
Zones described below are shown in the airport safety overlay zone (ASOZ) map with the types of
land use review listed below in order to promote general safety and welfare of properties
surrounding the airport and the continued viability of the airport.
Land Use Overlay 1 (Zone 1Runway Protection Zone (RPZ)):
Only airport uses and activities are allowed within the runway protection zone.
Land Use Overlay 2 (Zones 2, 3, 4, and 4AInner Safety Zone, Inner Turning Zone, and Outer
Safety Zone):
Class (1) Uses. Any Class (1) use listed in YMC 15.04.030, Table 4-1, Permitted Land Uses, unless
otherwise mentioned in this section.
Class (2) Uses. Agricultural building; agricultural related business; animal husbandry; correction
facilities; golf courses; campground; gymnasiums, exercise facilities; motels and hotels; canning,
preserving, and packaging fruits, vegetables, and other foods; cement and concrete plants; concrete
gypsum and plaster products; power generating facilities; utility services; residential infill (within 4A);
mixed-use residential (within 4A); cluster development (within 4A).
Class (3) Uses. Agricultural market; junior or community college; business school; vocational school;
bed and breakfast inn; communication towers; residential infill; mixed-use residential; cluster
development.
Prohibited Uses. Schools (K12), community centers, nursing home and group homes, day care
facilities, hospital, new churches, shopping centers and other uses with similar concentrations of
persons, rendering plants and slaughter houses. Other prohibited uses shall be: horse racing tracks,
speedways; the production of asphalt paving and roofing materials; rock crushing; fuel storage
facilities; storage or use of significant amounts of materials which are explosive, flammable, toxic,
corrosive or otherwise exhibit hazardous characteristics; hazardous wildlife attractants including
waste disposal operations, water management and stormwater facilities with aboveground water
storage, and manmade wetlands.
Zone 4A shall exist as depicted on Figure 30-
is extended as described in the Airport Master Plan. Any Class (2) development which occurs within
zone 4A prior to the extension of the runway shall be required, as a precedent condition of approval,
to record a deed declaration with the Yakima County auditor which specifically recognizes the
preexistence of the airport and the right of aircraft over flight, as well as acknowledging and
accepting all responsibility for exposure to noise, vibration, fumes, dust and fuel particulates, as may
be inherent in the operation of aircraft. In addition to these conditions, all Class (2) development
within zone 4A shall be subject to a recorded deed restriction providing the city with an absolute
indemnification with regard to any adverse impacts resulting from or claimed to result from effects of
aircraft over flight.
Land Use Overlay 3 (Zone 5Sideline Safety Zone):
Uses within the sideline safety zone (Zone 5) may be permitted by the administrative official if the
use is determined to be compatible with the zoning district and Appendix F of the Airports and
Compatible Land Use Guidebook of the Washington State Department of Transportation Aviation
Division.
in Appendix F of the Airports and Compatible Land Use
Guidebook shall be considered a Class (1) use and undergo any Type (1) review unless a higher
level of review is required per YMC 15.04.030, Table 4-1, Permitted Land Uses. Uses labeled as
Land Use Guidebook shall be considered a Class (2) use and undergo any Type (2) review unless a
higher level of review is required per YMC 5.04.030, Table 4-1, Permitted Land Uses. All uses listed
shall not be allowed.
Figure 30-2: Depiction of Zone 4A
Land Use Overlay 4 (Zone 6Traffic Pattern Zone):
Class (1) Uses. Any Class (1) use listed in YMC 15.04.030, Table 4-1, Permitted Land Uses, unless
otherwise mentioned in this section.
Class (2) Uses. Retirement home; churches, synagogues, temples; convalescent home, nursing
home and group homes; day care facilities and centers; correction facilities; communication towers;
chemicals (industrial, agricultural, wood, etc.); rendering plants and slaughter houses; power
generating facilities.
Class (3) Uses. Amusement park.
Prohibited Uses. Schools (K12), hospitals and other uses with similar concentrations of persons.
Replacement or expansion of existing schools shall be allowed.
Any use not specified in the above paragraphs must undergo review and receive approval from the
airport manager.
15.30.070 Application requirements.
A. Applications for uses within the airport safety overlay established by this chapter shall include
the following information:
1. Property boundary lines as they relate to the boundaries of the land use overlay;
2. Location, elevation, and height of all existing and proposed buildings, structures, utility
lines, and trees taller than thirty-five feet in height;
3. A description of the proposed use; and
4. A statement of compatibility from the airport manager when the use is to be located within
the airport safety overlay relative to the impact of the use on airport operations and safety.
B. In consideration of an application for a building, structure, or other use which will exceed thirty-
five feet in height, the administrative official may require the applicant to submit either of the
following:
1. A certificate from a registered professional engineer or a licensed land surveyor, which
clearly states that no airspace obstruction will result from the proposed use; or
2. Either or both of the following:
a. The maximum elevations of proposed structures based on the established airport
elevation and USGS datum. Elevations shall be determined by a registered professional
engineer or a licensed land surveyor, accurate to plus or minus one foot, shown as mean
sea level elevation or other available survey data. The accuracy of all elevations shall be
certified by the engineer or surveyor.
b. A map of topographic contours with not more than five-foot intervals, showing all land
within one hundred feet of the proposed structure(s) for which the permit is being sought.
This map shall also bear the verification of a licensed land surveyor or registered
professional engineer.
C. Decisions by the administrative official may be appealed in accordance with YMC
Chapter 15.16.
D. An aviation easement and deed declaration, which recognizes the preexistence of the airport
and the right of over flight, shall be recorded for all uses within the approach and transitional
surfaces of the conical surface area.
15.30.080 Nonconforming uses.
Existing uses that do not meet these standards at the time of adoption of this overlay may remain
and will be considered nonconforming uses. Expansion of these uses is permitted through
Chapter 15.19 YMC. For a use that is nonconforming due to height, the height may not be increased
unless approved by the airport manager.
Appendix F Compatibility Criteria
Table F-1
Maximum Residential Density
Compatibility ZonesZone 1Zone 2Zone 3Zone 4Zone 5Zone 6
Maximum Residential Density
Average Number of Dwelling Units Per Gross Acre
Agricultural Maintain current comprehensive
0
(farmland/forest)plan designation and zoning designation
Rural 1 d.u. per 1 d.u. per 1 d.u. per 1 d.u. per 1 d.u. per
0
AAA
(outside an urban growth boundary)10 acres10 acres5 acres10 acres5 acres
Urban
BCBC
00
(within the urban growth boundary)
Maximum Intensities for Nonresidential Uses
Average Number of People Units Per Gross Acre
Agricultural
ED,ED,ED,ED,FD
1-5
(farmland/forest)
Rural
EEEEEG
1-510-2510-2540-60100-150100-150
(outside an urban growth boundary)
Urban
EEEEEG
1-550-7580-120100-150100-150No Limit
(within the urban growth boundary)
Notes:
A Cluster to preserve open space to maintain open approach corridor at and near runway ends.
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-1
January 2011
Compatibility Criteria Appendix F
Table F-2
Airport Land Use Matrix
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
A. Resource Operations
Agriculture, horticulture, general farming PPPPPP
(crops only, not feedlots and stockyards)
Agricultural buildingLLPPPP
Agricultural chemical sales/storageXLPPPP
Agricultural Housing/Farm laborXXLPLP
Agricultural housing/farm laborXXLPLP
Agricultural marketXXPPXP
Agricultural related industriesXLPPPP
Animal husbandry XLLLXP
Agricultural feeding operation or stockyards XXXXXX
Agriculture or food processing facilityXLPPLP
Livestock auctionXXXLXP
FairgroundsXXXXXP
Floriculture, aquacultureXLPPPP
Fruit bin sales/storageXLPPPP
General forest silver cultureLLPPPP
Forest product processingXLPPPP
3.
XXLLLP
Mining including sand and gravel pitsXLLLXP
Stockpiling of earthen materialsXLLLXP
B. Rural Development
1. Rural Residential
Single-family dwelling (large lot, 5 acres or greater*)XLLPXP
Single-family dwelling, rural centers XXLLXL
Residential Cluster Development, 40% openXXLSCXXP
Multi-family dwellingXXXXXP
Temporary farm housingXXPPLP
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
Page F-2 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
2. Rural Centers
Single-family dwelling; up to 12 dwelling units/acreXXLLXL
Two - Four family dwelling (duplex) (*)XXXXXL
Multi-family dwelling; 12-20 units/acreXXLXXP
21+ units/acreXXPPXP
Agriculture/forest/mineral resources or industry
(see item A)
Community services (see item D2)
Retail and commercial service (see items D4 & D5)
Industrial/manufacturing (see item D4s & D5)
C. Education Facilities
1. Education Facilities
Junior or community collegeXXLLLP
Schools, K-12 elementary, middle, senior highXXXXXX
Business schoolXLLLLP
Vocational schoolsXLLLLP
D. Urban Development
1. Residential
Single-family dwelling; up to 12 dwelling units/acreXXXXXL
Two - four-family dwelling (duplex)(*)XXXXXL
Multi-family dwelling(*): 15 or more XXLSCXXP
XXPPXP
Residential development cluster 40% > open spaceXXLLXL
XXLLLP
Mobile home parksXXLLXL
Boarding houseXXLLLL
Retirement homesXXXXXL
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-3
January 2011
Compatibility Criteria Appendix F
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
2. Community Services
CemeteryPPPPLP
Churches, synagogues, templesXXLLXL
Community center meeting halls, fraternal XXLLXP
organizations
Convalescent, nursing home and group homesXXXXXL
Day care facilities, family in-homeXXLLXL
Day care centerXXLLXL
Funeral homeXXPPXP
XLPPPP
HospitalXXXXXX
Medical clinicXXLLXP
Correction facilitiesXLLLLL
LibrariesXXPPXP
Museums and art galleriesXXLPPP
ZooXXPPXP
3. Amusement and Recreation
Amusement park (permanent)XXLLXL
Bowling alleysXXPPXP
CampgroundXLLPLP
Recreational vehicle parks; short termXLLPLP
Drive-in theatresXXLLXP
FairgroundsXXPLLP
Golf coursesXLPPXP
Gymnasiums, exercise facilitiesXLLLLP
Horse racing tracks, speedwaysXXXXXX
Miniature golf coursesXXPPXP
Movie theatres, auditoriums exhibition hallsXXLLXP
ParksLLPPLP
Roller skating rinkXXLLXP
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
Page F-4 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
Addressing, mailing, and stenographic servicesXLPPLP
Advertising agenciesXLPPLP
Airport uses and activities commercial/industrialLPPPPP
Animal clinic/hospitalLPPPPP
Antique storesXLPPXP
Automobile, truck, manufactured home, and travel LPPPPP
trailer sales
Automobile and recreational vehicle (RV) sales; LPPPLP
weekend
Automotive: car washLPPPLP
Sales lot/auto centerLPPPPP
Parking lots and garagesLPPPPP
Maintenance and repair shopsXPPPPP
Paint and body repair shopsLPPPPP
Parts and accessories (tires, batteries, etc.)XPPPPP
Specialized repair shops (radiator, etc.)LPPPPP
Towing servicesLPPPPP
Wrecking and dismantling yardLPPPLP
BakeryXPPPLP
Beauty and barber shopsXLPPXP
Bed and breakfast innXXLLXP
Boats and marine accessoriesPPPPP
PPPLP
only
Building and trade (plumbing, heating, electrical, PPPLP
painting, etc.)only
Clothing and accessoriesXLPPLP
Communication towersXXLLLL
Computer and electronic storesXLPPLP
Department, discount, variety storesXXPPXP
Drug stores (optical goods, orthopedic supplies)XLPPLP
Employment agencies (private)XPPPLP
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-5
January 2011
Compatibility Criteria Appendix F
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
Farm and implements, tools and heavy construction XLPPPP
equipment
Farm suppliesLPPPPP
Financial institutionsXPPPLP
Food store XPPPLP
Furniture, home furnishings, appliancesXPPPLP
General hardware, garden equipment and suppliesXPPPLP
Grocery and convenience stores XLPPLP
Heavy equipment storage, maintenance and repairXLPPLP
Insurance agents, brokers, and service agenciesXPPPLP
KennelsLPPPLP
Laundries, laundromats, and dry cleaning plantsXPPPLP
Liquor storesXPPPLP
Lumber yardsLPPPLP
XXLPxP
Mini StorageLPPPPP
Motels and HotelsXXPPPP
Motorcycles sales/repair (including maintenance)XPPPLP
Paint, glass, and wallpaper storesXPPPLP
Pet stores, pet supplies, and dog groomingXLPPL
XLPPPP
attorneys, government, etc.
LPPPLP
Repairs: small appliances, tv, business machines, LPPPLP
watches, etc.
Restaurant, cafe and drive-in eating facilitiesXLPPPP
Service stationXLPPLP
Sporting goods, bicycle shopsXPPPPP
Taverns, bars, dance establishmentsXLPPLP
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
Page F-6 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
5. Industry/Manufacturing
Aircraft partsLPPPP
only
Aircraft industrialLPPPP
only
Apparel and accessoriesXLPPXP
Bakery products (wholesale)LPPXP
only
Beverage industryLPPXP
only
Canning, preserving, and packaging fruits, XLLLXP
vegetables, and other foods
Cement and concrete plantsXLLLXP
Chemicals (industrial, agricultural, wood, etc.)XXLLXL
Concrete, gypsum, and plaster productsLPLLP
only
Confectionery and related products (wholesale)PPPLP
only
Mini storagePPPPPP
Product assemblyLPPLP
only
Prefabricated structural wood products and PPPLP
containers only
Printing, publishing, and bindingPPPLP
only
Rendering plants, slaughter housesXXXXXL
Rubber productsXLPPLP
Sawmills and planing millsLPPLP
only
Sheet metal and welding shopsPPPLP
only
PPPLP
for retail sale)only
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-7
January 2011
Compatibility Criteria Appendix F
Compatibilty Zones
Zone 1Zone 2Zone 3Zone 4Zone 5Zone 6
WarehousesPPPPP
only
Wholesale tradePPPPP
only
Storage facilities; bulkLPPPPP
commercialLPPPPP
mini-storageLPPPPP
Bus terminalsXLPPLP
Transportation storage and maintenance facilitiesPPPPP
only
XPPPPP
without truck parking
with truck parkingLPPPPP
Contract truck hauling, rental of trucks with driversLPPPPP
LPPPPP
PPPPP
only
Railroad switch yards, maintenance, and repair XPPPPP
facilities, etc.
Taxicab terminals, maintenance, and dispatching XPPPPP
centers, etc.
2. Utilities
Power generating facilitiesLLLLLL
Utility services (substations, etc.)LLLLLP
Wholesale tradeLPPPLP
Storage facilities; bulkLPPPPP
CommercialLPPPPP
Chart Symbols
“L” Limited
“LSC” Limited Special Conditions
“P” permitted
“X” Prohibited
Page F-8 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Airport Runways Under 3000 Feet
Zone 6 ArcÓs Vertex
RunwayÓs endpoint
or 25% of
RunwayÓs length
Zone 3 Vertex offset
Airport Compatibility Zones
DimensionsLength Notes
Zone 1Zone 1 includes the runway’s RPZ. The RPZ is depicted with ordered
stipple within Zone 1
Zone 2NA
Zone 3*
runway’s length
Zone 4NA
Zone 5*
Zone 65,000’Set the vertex for Zone 6’s arc parallel to the end of Zone 2
RPZ – Runway Protection Zone
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-9
January 2011
Compatibility Criteria Appendix F
Airport Runways 3,000 to 5,000 Feet
Airport runways 3,000 to 5,000 feet
Zone 6 ArcÓs Vertex
RunwayÓs endpoint
Zone 3 Vertex offset
Airport Compatibility Zones
DimensionsLength Notes
Zone 1Zone 1 includes the runway’s RPZ. The RPZ is depicted by ordered
stipple within Zone 1 *RPZ dimensional standards are dictated by
runway approach type.
Zone 2NA
Zone 3*
Zone 4NA
Zone 5*
Zone 65,000’Set the vertex for Zone 6’s arc parallel to the end of Zone 2
RPZ – Runway Protection Zone
Page F-10 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Airport Runways Greater Than 5000 Feet
Zone 6 ArcÓs Vertex
RunwayÓs endpoint
Airport Compatibility Zones
DimensionsLength Notes
Zone 1Zone 1 includes the runway’s RPZ. The RPZ is depicted with ordered
stipple within Zone 1 *RPZ dimensional standards are dictated by
runway approach type.
Zone 2NA
Zone 3*
Zone 4NA
Zone 5*
Zone 6Set the vertex for Zone 6’s arc parallel to the end of Zone 2
RPZ – Runway Protection Zone
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-11
January 2011
Compatibility Criteria Appendix F
6
6
4
Traffic Side of Airport
Non-Traffic side
Pattern
Zone 6 ArcÓs Vertex
2
3
1
3
Run-
Assumption:
*
or 25% of RunwayÓs length
Topographical Constraints prohibits
aircraft operations on one side of the
Zone 3 Vertex offset
traffic pattern
5
Airport Compatibility Zones
DimensionsLength Notes
Zone 12,000 Zone 1 includes the runway’s RPZ. The RPZ is depicted with ordered
stipple within Zone 1 *RPZ dimensional standards are dictated by
runway approach type.
Zone 2NA
Zone 3NA
Zone 4NA
Zone 5*
Zone 6Set the vertex for Zone 6’s arc parallel to the end of Zone 2
RPZ – Runway Protection Zone
Page F-12 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
Appendix F Compatibility Criteria
Zone 6 ArcÓs Vertex
RunwayÓs endpoint
Airport Compatibility Zones
DimensionsLength Notes
Zone 1Zone 1 includes the runway’s RPZ. The RPZ is depicted by ordered
stipple within Zone 1
Zone 2NA
Zone 3*
Zone 4NA
Zone 5*
Zone 6
RPZ – Runway Protection Zone
WSDOT Airports and Compatible Land Use Guidebook M 3074.00 Page F-13
January 2011
Compatibility Criteria Appendix F
Page F-14 WSDOT Airports and Compatible Land Use Guidebook M 3074.00
January 2011
CITY OF YAKIMA
PLANNING COMMISSION
BYLAWS
(Adopted by the City of Yakima Planning Commission onMay 23, 2018;
Amended by City Council,June 5, 2018)
SECTION I: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the City of Yakima
Planning Commission (YPC or Commission) executes those duties and functions
set forth in Chapter 1.42 of the Yakima Municipal Code.
I. COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
A.The City of Yakima Planning Commissionshall consist of seven members
appointed by the Mayor and confirmed by the City Council. The term of office
for the initialmembers appointed to the Commissionshall be designated from
one to fouryears in such a manner as to providethatthe fewest possible
terms will expire in any one year. Thereafter the term of office for each
appointive member shall be fouryears.
B.The members of the Commissionshall be selected without respect to political
affiliation.
C.No person shall serve more than two consecutive four-year terms, provided
that a person who is appointed to fill an unexpired termof less than two years
is eligible to serve two successivefour-year terms; and provided further, a
person who is ineligible to serve for having served two consecutive terms
may again serve after two years have elapsed from the end of the second
such term.
D.The Commission will, by majority vote, elect a Chairand Vice Chair at the
first meeting of each year who will serve throughout that year. The Chair:
1.Decides all points of order and procedural matters subject to rules and
bylaws.
2.May appoint committees as necessary to investigate and report on
matters before the Commission.
In cases where the Chair is absent the Vice Chair will serve in their place and
will have the same powers and duties.
E.Commission Staff assistance shall be provided by the Department of
Community Development with additional assistance and information to be
provided by other City departments and consultants as may be necessary to
aid the Commission in carrying out its duties and responsibilities under this
chapter.
F.The Commission members shall not receive any salary or other
compensation for services rendered on the Commission, but necessary
expenses actually incurred and within the budget as set by the annual budget
ordinance shall be paid.
G.Vacanciesoccurring,otherthan through the expiration of terms,shall befilled
for the unexpired terms. Members may be removed by the Mayor with the
approval of the City Councilfor inefficiency, neglect of duty, or malfeasance
in office. Other reasons for removal may include:
1.Absence from three consecutive regular meetings or six regular
meetings in a twelve-month period which shall be regarded as
constituting resignation from the Commission. This information will be
forwarded to the Mayor and City Council by Staff. Reinstatement may
be sought through a hearing bythe Commission. Excused absences
(sickness, death in the family, business trips or emergencies) willnot
affect the member's status,except incasesof an extended illness or
absence the member shall be replaced. When a member is
approaching the maximum number of absences theywill be notified by
Staff. Verification of attendance will be based exclusively on the
minutes of each meeting.
2.Participation in a legally demonstrable case involving aconflict of
interest.
H.No member of the Commission shallrepresent the Commission in its official
actions except as specifically authorized by majority vote.
I.Commission members shall refrain from discussing or expressing opinions
on matters on the Commission's agenda outside of Commission meetings
except asauthorized in (H) above, or on direction from the Chair.
J.To avoid any conflictsof interest, no Commission member shall vote on the
determination of any application or determination in which theymaintainan
employer/employee relationship or wherethey ormembers of their
immediate family have a financial interest.
K.Commission members shall not vote on any issuesbefore the Commission
unless they havebeen in attendance at previous deliberations on the subject
or shall have the approval of the Chair contingent on the Chair's
determination that the member has familiarized themselveswith the subject
and the minutes of any meetings where the subject was discussed.
II. PROCEDURES FOR CONDUCTING REGULAR MEETINGS
A.Pre-meeting
1.If there are agenda items, regular meetings will be held at 3:00 p.m.
on the second and fourth Wednesdays of every month in the City
Councilchambers. The time and location of a particular meeting may
2
be changed by majority vote of the Commissionand shall be subject
to the notice requirements for special meetings.If the date of a regular
meeting of the Commission falls on a weekend or an official holiday,
the meeting may be changed to a time and place as determined by
the Commission at the preceding month's meeting. If such a change
occurs, the regular meeting place will be posted advertising the time
and location of the meeting.
2.If there are no agenda items, the Chair may cancel the regular
meeting after giving all Commission members and the public 24 hours
advance notice. However, if a majority of Commission members
express the desire to hold the meeting, it shall convene as scheduled.
If the meeting is canceled, a notice to that effect will be posted at the
regular meeting place at the regular time.
3.Special meetings may be called by the Chair or by a majority of
Commission members. Commission members will be given at least
48 hours advance notice of the time and place of such meetings.
4.All regular and special meetings will be open to the public and the
date, place and agenda will be publicized in accordance with the
Open Public Meetings Act (Chapter 42.30 RCW). The agenda for
regularly scheduled meetings shall be posted and advertised 48
hours prior to the regularly scheduled meetings.
5.The order of agenda items will be determined by their order of receipt
or as Commission Staff deems appropriate.
6.Staff shall be responsible for notifying principles in each matter as
specified under the rules for review procedures.
B.Regular Order of Business for Meetings
1.Business will be conducted under Robert's Rules of Order except
where this contradicts with the Bylaws or other special rules adopted
by the Commission, which then take precedence. All issues will be
decided by simple majority vote except amendments to the Bylaws,
which require a vote of two-thirds of the membership.
2.Four members or 51 percent of the non-vacant membership of the
Commission constitutes a quorum. Meetings without a quorum will
be recessed to the earliest possible date.
3.Minutes will be taken during all Commission proceedings.
Additionally, the meetings may be videotaped to further clarify the
minutes.
4.The regular order of business shall be as follows:
a.Call to order
b.Roll call
3
c.Staff Announcements
d.Audience Participation
e.Adoption of minutes
f.New business
g.Old business
h.Other Business
i.Adjournment
5.The regular order of business for consideration of preliminary
subdivisions, YMC Title 14, 15, 16or 17 text amendments,
comprehensive plan amendments and rezones shall be as follows:
a.The Commission Staff person shall offer a preliminary
statement or Staff Report concerning the application.
b.The applicant or the designated agent of the applicant presents
statements in favor of the application includingany relevant
exhibits.
c.Public comments.
d.Rebuttal by all concerned parties.
e.Deliberation by Commission.
f.Motion for action.
g.Vote.
During the course of the meeting, the above procedure may be
temporarily modified by the concurrence of all parties and the
Commission.
6.The Commission shall act on each application at the meeting unless
the Chair or a majority of the Commission decides to defer
consideration to a later date. Requests for continuance may be
granted if all parties agree. The continuance will be publicly
announced by the Chair, and the matter is automatically set on the
agenda for the next regularly scheduled meeting, or to a date certain
as agreed by all parties. In such a case, no further notice is required
for the principlesin the case.
C.Post-meeting
1.Staff will be responsible for notifying participants as called for under
rules for specific review procedures.
2.Staff will be responsible for forwarding materials to participants as
called for under rules for specific review procedures.
3.Staff will be responsible for distributing the minutes of the meeting.
4
City of Yakima Planning Commission
Zoning and Subdivision Updates
March 22, 2023
1. Home Occupations
Background: These proposed changes are the result of business licenses transitioning from
Codes to the Department of Revenue (DOR), along with marketplace changes that took place
as a result of Covid-19. The switch to DOR in 2020 identified many businesses that were
previously unknown. When coupled with the pandemic in early 2020 and subsequent
lockdowns, many people opted to start their own home-based business. One of the main
problems we encountered, and still face, is while the majority of dwellings are located in
residential zones, there are also a large number located in commercial and industrial zones.
The Home Occupation chapter is only applicable to the Residential Zones and the B-1 Zone
-1. This proposal
will open up the Home Occupation use to all zones where there is an existing dwelling.
15.04.120 Home occupations.
A. Purpose. The conduct of an accessory business within an existing dwelling may be permitted in
the residential districts under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the residential
districtsunderlying zone; and
2. Preserve the existing dwelling as the primary use of the structure or property; and
23. Maintain and preserve the character of residential neighborhoods; and
34. Promote the efficient use of public services and facilities by assuring these services are
provided to the residential population for which they were planned and constructed, rather than
commercial uses.
B. Table of Permitted Home Occupations. Table 4-
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. Proposed Home
Occupations in existing dwellings in the commercial and industrial zoning districts shall follow the
land use requirements of the R-3 zoning district. All permitted home occupations are subject to the
standards of this title, including the specific conditions of subsection C of this section and the
applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted
as home occupations are listed in subsection H of this section.
T able 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Accountant 1 1 1 1
T able 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Architect 1 1 1 1
Artist, author, arts and crafts 1 1 1 1
Attorney 1 1 1 1
Barbershop, beauty parlor 2 2 2 2
Short term rental* 1 1 1 1
Business administration 1 1 1 1
Cabinet, mill work, carpentry work 2 2
Catering service 2 2 2 2 2
Ceramics and sculpting 2 2 2 2
Composer 1 1 1 1
Day care, family home* 1 1 1 1 1
Dentist 1 2 2 2
Dog grooming 2 3 3 3 3
Dressmaker, seamstress, tailor 1 1 1 1
Engineer 1 1 1 1
Food preparation* 1 21 1 1 1
Home contractor* 1 1 1 1 1
Home instruction* 15 students 1 1 1 1 1
68 students 2 2 2 2 2
Insurance agent 1 1 1 1
Locksmith and Gunsmith 1 21 21 1 1
Photographer (not including productions studio) 1 1 1 1
Physician 1 2 2 2
Product assemblage* 1 2 2 2 1
Massage therapy/spa* 1 1 1 1 1
Music teacher 1 1 1 1
Production of small articles by hand without the use of automated or production line 1 2 2 2
equipment
Radio, television and small appliance repair 2 2 2 2
Real estate agent 1 1 1 1
Secretarial, phone answering, desktop publishing service* 1 1 1 1
Small engine repair 2
Taxicab operator* 1 1 1 21 1
T able 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Wedding service 2 2 2 2 2
Unclassified home occupation See YMC 15.04.120(G)
NOTES:
* Refers to definition in YMC Chapter 15.02.
1 = Type (1) Permitted Home Occupation
2 = Type (2) Review and Approval by the Administrative Official Required
3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required
= Not Permitted
Highlighted uses above will be consolidated into these three categories:
Home Office
Food Preparation
Product Assemblage/Repair
15.02.020 Definitions.
for off-site consumption. This definition includes confectioneries, catering services, and preparation
of food items for wholesale.
occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.)
manufacture, provision or sale of goods and/or services in the home.
administrative office for a licensed commercial business located in an approved commercial zoning
district, or a home based Internet business that does not involve the on-site resale of commercial
goods. The home is used for phone calls, mail, completing paperwork, and work on a home
computer associated with a business. This definition does not include manufacturing, sales not
associated with an Internet business, repair or other services.
small businesses.
Home occupation, home office means the accessory use of a dwelling for office use including, but
not limited to, the following professions: accountant, architect, artist, author, arts and crafts, attorney,
composer, dressmaker, seamstress, tailor, engineer, insurance agent, photographer, music teacher,
and real estate agent.
office for a taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two
vehicles operated by immediate family members who reside in the home.
Home occupation, Pproduct assemblage/repairservice involved in
assembling products for off-site sales. This definition also includes the repair of small appliances,
small engines, radios, televisions, and other similar items.
T able 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Accountant 1 1 1 1
Architect 1 1 1 1
Artist, author, arts and crafts 1 1 1 1
Attorney 1 1 1 1
Barbershop, beauty parlor 2 2 2 2
Short term rental* 1 1 1 1
Business administration* 1 1 1 1
Cabinet, mill work, carpentry work 2 2
Catering service 2 2 2 2 2
Ceramics and sculpting 2 2 2 2
Composer 1 1 1 1
Day care, family home* 1 1 1 1 1
Dentist 1 2 2 2
Dog grooming 2 3 3 3 3
Dressmaker, seamstress, tailor 1 1 1 1
Engineer 1 1 1 1
Food preparation* 1 21 1 1 1
Home contractor* 1 1 1 1 1
T able 4-2. Table of Permitted Home Occupations
Zoning District
SR R-1 R-2 R-3 B-1
Home instruction* 15 students 1 1 1 1 1
68 students 2 2 2 2 2
Home office* 1 1 1 1
Insurance agent 1 1 1 1
Locksmith and Gunsmith 1 21 21 1 1
Photographer (not including productions studio) 1 1 1 1
Physician 1 2 2 2
Product assemblage/service* 1 2 2 2 1
Massage therapy/spa* 1 1 1 1 1
Music teacher 1 1 1 1
Production of small articles by hand without the use of automated or production line 1 2 2 2
equipment
Radio, television and small appliance repair 2 2 2 2
Real estate agent 1 1 1 1
Secretarial, phone answering, desktop publishing service* 1 1 1 1
Small engine repair 2
Taxicab operator* 1 1 1 21 1
Wedding service 2 2 2 2 2
Unclassified home occupation See YMC 15.04.120(G)
NOTES:
* Refers to definition in YMC Chapter 15.02.
1 = Type (1) Permitted Home Occupation
2 = Type (2) Review and Approval by the Administrative Official Required
3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required
= Not Permitted
C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential
use of a property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is
established the primary residence of the practitioner(s). For the purpose of administering this
resides for the majority of the calendar year;
2. The home occupation is incidental and subordinate to the residential functions of the
property. No action related to the home occupation shall be permitted that impairs reasonable
residential use of the dwelling;
3. There are no external alterations to the building which change its character from a
dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must be
so designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential character
of the premises by the use of color, materials, lighting and signs, or the emission of noise,
vibration, dust, glare, heat, smoke or odors;
6. The home occupation does not generate materially greater traffic volumes than would
normally be expected in the residential neighborhood; the frequency of deliveries should be
comparable to that of a single-family home without a home business;
7. There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment that
would change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds FCC
standards for residential use;
10. The home occupation does not increase water or sewer use so that the combined total
use for the dwelling and home occupation is significantly more than the average for residences
in the neighborhood;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in the
dwelling;
13. All stock in trade kept for sale on the premises is produced on site by hand without the
use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional conditions to
ensure the home occupation will be in harmony with, and not detrimental to, the character of the
residential neighborhood. Any home occupation authorized under the provisions of this title shall be
open to inspection and review at all reasonable times by the building and enforcement official for
purposes of verifying compliance with the conditions of approval and other provisions of this title.
D. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in
connection with a home occupation provided such storage complies with the following standards:
1. All equipment, materials, or goods shall be stored completely within the space designated
for home occupation activities and not visible from the public right-of-way.
2. Only those materials or goods that are utilized or produced in connection with the home
occupation may be stored within the dwelling unit or accessory building.
3. All flammable or combustible compounds, products, or materials shall be maintained and
utilized in compliance with fire code.
4. The frequency of home deliveries should be comparable to that of a single-family home
without a home occupation associated with the residence.
5. A home occupation permit application (including a site plan) shall be supplied to and
approved by the city of Yakima planning division prior to operation of any home occupation.
E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant
and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be
attached to the dwelling, but shall not exceed two square feet in area or be illuminated.
F. Application Fee and Review Period. Application for a home occupation shall be made in
accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be accompanied
by the appropriate filing fee. The administrative official may accept an aerial photo of the site waive
part or allin lieu of the requirements for a site plan for Class (1) home occupations when the aerial
photo clearly shows all structures and parking areas and no new construction or site modifications
are proposed.
G. Unclassified Home OccupationReview by the Hearing Examiner. Home occupations not listed
in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions of YMC
Chapter 15.22; provided, any unclassified home occupation permitted after review and decision by
the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use.
H. Home Occupations Not Permitted. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond the limits permitted for
home occupations and impair the use and value of a residentially zoned area for residential
purposes. Therefore, the uses listed below shall not be permitted as home occupations:
1. Auto repair;
2. Antique shop or gift shop;
3. Kennel;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats;
6. Large appliance repair including stoves, refrigerators, washers and dryers;
7. Upholstering;
8. Machine and sheet metal shops;
9. Martial arts school;
10. Taxidermist;
11. Two-way radio and mobile telephone system sales and service;
12. Vehicle sign painting (except for the application of decals).
I. Denial of Application for a Home Occupation. An application for a home occupation shall be
denied if the administrative official finds that either the application or record fails to establish
compliance with the provisions of this chapter. When any application is denied, the administrative
officer shall state the specific reasons and cite the specific provisions and sections of this title on
which the denial is based.
J. Parking. The administrative official shall determine parking requirements for home occupations,
as provided by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the
standards of YMC Chapter 15.06.
2. Type 1 Review Ideas in CBD
Background: YMC Ch. 15.13 requires Type 1 Review for any new use or change in use. In the
CBD zone, there generally isnt a lot of review necessary for new uses going into an existing
building. Many buildings take up the entire parcel, the CBD is in the downtown parking exempt
zone, any permit-related issues such as a sampling port of kitchen hood requirement would be
handled by the Wastewater and Codes Divisions. This proposal would allow any proposed
Class 1 Retail Trade and Service Use in an existing building in the CBD without Type 1 Review.
Chapter 15.13
TYPE (1) REVIEW
Sections:
15.13.010 Purpose.
15.13.020 When required.
15.13.025 Central Business District Type (1) review exemption.
15.13.030 Development permit applicationType (1) review.
15.13.040 Review procedures.
15.13.050 Approval.
15.13.060 Denial.
15.13.070 Appeals.
15.13.010 Purpose.
This chapter establishes procedures for issuance of a development permit for uses requiring Type
(1) review.
15.13.020 When required.
Class (1) uses not requiring Type (2) or (3) review are permitted; provided, that district standards are
met. The administrative official shall use the procedures in YMC 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, unless exempt under YMC 15.13.025. Class (1) uses
require Type (2) review when:
A. All or part of the development, except for agricultural buildings, single-family dwellings, and
duplexes, is in the floodplain or greenway overlay districts;
B. All or part of a development is in the airport overlay (AO);
C. All or part of a development is in an institutional (IO) or master planned development overlay
(PD) and is identified in a development agreement as requiring Class (2) approval;
D. The proposed use includes hazardous material;
E. The applicant requests adjustment of one or more of the specific development standards
pursuant to YMC 15.10.020; or
F. All or part of the development requires a development plan and/or master plan.
15.13.025 Central Business District Type (1) review exemption
Change of use proposals within existing buildings in the CBD shall be exempt from Type (1) review
when the proposed new use is a Class (1) use under the Retail Trade and Service portion of YMC
15.04.030, Table 4-1. New construction or expansion of Class (1) uses shall follow the Type 1
Review or Modification process, as applicable.
15.13.030 Development permit applicationType (1) review.
Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to
the administrative official on forms supplied by the department. A general site plan conforming to the
provisions of YMC 15.11.030 shall accompany the application. The administrative official may
request any other information necessary to clarify the application or determine compliance with, and
provide for the enforcement of, this title.
15.13.040 Review procedures.
The administrative official shall review all Class (1) uses for compliance with this title. The
administrative official shall forward all Class (1) uses requiring Type (2) review under
YMC 15.13.020 to the planning division for processing under YMC Chapter 15.14. The
administrative official shall notify the applicant of the approval or denial of the application, request
additional information, or forward the application to the division for review.
15.13.050 Approval.
The administrative official shall issue a Type (1) zoning decision when it has been determined that:
A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04;
B. That the proposed development complies with the standards and provisions of this title;
C. That the proposed development complies with other building codes in effect and administered
by the administrative official;
D. That proposed development complies with traffic engineering standards and policies
established by the appropriate jurisdiction to protect the function and satisfactory level of service of
arterial and collector streets; and
E. That any new improvements or expansions of a structure comply with the standards of this title.
15.13.060 Denial.
When an application is denied, the administrative official shall state the specific reasons and shall
cite the specific chapters and sections of this title upon which denial is based. The administrative
official may also refer the applicant to the division to determine if relief from such denial is available
through other application.
15.13.070 Appeals.
Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be
appealed to the hearing examiner under the provisions of YMC 15.16.030.
3. Use Consolidation Offices
15.02.020 Definitions.
"Offices and clinics" means uses primarily providing services, as opposed to products, to the general
public. Land uses permitted include, but are not limited to:
Administrative services
Architects and engineers
Artist office/studio (not museums or art galleries)
Attorneys and lawyers
Banks and other financial institutions
Beauty and barber shops
Contractor offices
Dental and medical offices
Massage parlors and spas
Real estate offices
Tattoo parlors
15.04.030 Table of permitted land uses.
SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2
2 1 2 1 1 1 1 1 1 2
Beauty and
Barber Shops
2 1 2 1 1 1 1 1 2
Commercial
Services
Financial 1 1 1 1 1 1 1 1
Institutions
1 1 1 1 1 1 1 1 1
Massage
Therapy/Spa
3 1 1 1 1 1 1 1 1 1
Office
Contractor
Building and
Trade
3 1 1 1 1 1 1 1 1 2
Offices and
Clinics
4. Mixed Use
15.02.020 Definitions.
-use building and Downtown Business District Multifamily Developmentor
use in a commercial district or, planned development, meeting the standards contained in YMC
15.09.025, used partly for residential use and partly for a community facility or commercial use.
15.09.025 Mixed-Use Building and Downtown Business District Multifamily
Development.
A. Purpose and Intent.
1. To provide a streamlined process for new development or redevelopment projects that
include a mixture of high density residential along with complimentary retail, commercial, or
professional uses at a scale that is compatible with the surrounding neighborhood.
2. These standards shall also apply to new multifamily development or multifamily
redevelopment in the Downtown Business District. Multifamily uses within this area shall
comply with all of the following development and design standards excluding those which
are only relevant to the non-residential portion of a mixed-use building.
a. For the purpose of implementing this section, the Downtown Business District shall
be defined as the Downtown Business District Exempt area See YMC § 15.06.040,
Figure 6-1.
B. Level of Review - Uses.
1. Mixed-Use Building and Downtown Business District Multifamily Development is a Class 1
Permitted Use, requiring Type 1 Review, in applicable zones and is determined to be the
appropriate level of review for any combination of Class 1 and Class 2 uses listed in those
zones.
2. Any combination of uses which includes a Class 3 Permitted Use shall undergo Type 2
Review.
3. The Mixed-Use Building/Development land use shall not allow any use which is otherwise
not permitted in the zone.
2.4. A Mixed-Use Building that does not meet the layout requirement of YMC 15.09.025 (D)(1)
shall be reviewed based upon its particular uses as listed in Table 4-1.
C. Prohibited Uses. The following uses are prohibited in a Mixed-Use Building/Development project:
1. All Wholesale Trade Storage uses
2. All Transportation uses
3. All Utilities uses
4. All Automotive sales, maintenance and repair, carwash/detailing, paint and body, parts and
accessories, and towing uses
5. Boats and Marine Accessories
6. Farm and Implements, Tools and Heavy Construction Equipment
7. Farm Supplies
8. Fuel Oil and Coal Distributers
9. Lumber Yards
10. Nursery
11. All Rental uses
12. Repairs: Reupholstery and Furniture
13. Repairs: Small Engine and Garden Equipment
14. Service Station
15. Truck Service Stations and Shops
D. Development Standards.
1. Mixed-Use Layout. A mixed-use building should not have any residential dwelling units
located on the ground floor, whenever feasible. There shall be a minimum of 50%
residential dwelling units, and least 80%of the ground floor shall be dedicated for
community facility or commercial use.
2. Parking.
a. Location. Off-street parking shall be located within, behind, below, and/or to the side
of the building. Any side of the building that faces a street shall not by fronted by off-
street parking.
b. Design. Off-street parking shall be screened from view of all abutting public rights-of-
way:
- Parking located outside of a structure shall be screened by a 6-foot-tall masonry,
decorative block wall, wood fence, or solid landscaping screen.
a. Fencing located adjacent to a street right-of-way or pedestrian way shall
include a minimum 3-foot landscape strip between the fence and the right-of-
way.
- Parking located within a structure, whether attached to or detached from the
primary structure, shall be architecturally compatible with the primary structure.
Any openings within a parking structure that do not provide pedestrian or
vehicular access shall be screened from view with decorative grilles or
landscaping.
3. Height Bonus. In the B-1, B-2, and SCC zoning districts, the maximum height of the
building (YMC 15.05.030, Table 5-1) may be increased to 50 feet if all of the following are
met:
- The majority of the additional building height is used to increase the number of
dwelling units;
- The additional building height is necessary to accommodate on-site parking
requirements.
- Additional on-site landscaping is provided equaling 15% of the parking area, at a
minimum.
E. Design Standards and Guidelines Downtown Business District.
1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or
face common open space which is oriented toward to the street.
2. Windows along streets and pedestrian ways.
a. There shall be windows on all sides of the building facing streets and pedestrian
ways.
b. All floors of a multifamily building, and all floors above the ground floor of a mixed-
use building shall contain transparency consistent with the Washington State Energy
Code, including both doors and windows.
c. The ground floor of a mixed-use building shall contain at least 75% of transparency,
including both doors and windows, and shall be visually distinct from the above floors
by not repeating the exact dimensions and placement of windows.
3. Blank Walls.
a. a wall or portion of a wall that has 4800 square feet of
vertical surface area without any building modulation, transparency, or other
architectural feature.
b. Along streets and pedestrian ways, Aa minimum of 50% of the wall between 3 feet
and 12 feet above grade shall be treated with one or more of the following elements:
- Architectural variation including but not limited to color, material, and/or
modulation.
- Artwork, including murals and signs.
- Shrubs, trees, trellises, or other landscaping that will be actively maintained.
4. Equipment Screening.
a. Electrical and mechanical equipment placed on the ground surface or rooftop shall
be screened from view by materials that are consistent and compatible with the
design, color, and materials of the building.
b. The height of the parapet and other rooftop elements may be increased in order to
achieve this and shall comply with the height restrictions of YMC 15.05.030 and
15.10.020 (D)(1).
5. Parking.
a. On-site parking shall be installed in accordance with YMC Ch. 15.06, except as
follows:
i. Buildings in the downtown business district that cannot physically provide on-site
residential parking may utilize permitted off-street public parking (YMC §
9.50.200), or off-street private parking through a shared parking agreement.
6. Multifamily Development Limited Downtown. Multifamily development that does not meet
the definition of mixed-use located in the Downtown Business District shall comply with the
following standards:
- Setbacks:
a. New buildings shall have a minimum front yard setback of 10 feet from the
property line or have windows that begin at least 3 feet above the elevation of
the highest adjoining sidewalk or finished ground surface adjacent to the
setback.
- Multifamily development shall not be permitted on any corner lot along Yakima
Avenue unless it includes commercial and residential uses.
5. Table 5-1 Cleanup
Table cleanup additional dividing lines in Table 5-1 create boxes that do not include any
setback information. In review of past Ordinances, these lines should not exist.
6. Subdivision Permits
This proposal clarifies that only residential building permits would be restricted until a recorded
final plat is received. We have had a few recent commercial projects that went through
permit due to not having a recorded final plat, it has resulted in confusion for staff and our
customers.
14.15.100 Approval of short subdivisionRecording.
Each final short plat approved by the administrator shall be filed for record in the office of the Yakima
County auditor and shall not be deemed approved until so filed. The owner(s) of the land proposed
to be subdivided shall be responsible for payment of all filing fees. A copy of the recorded plat shall
be provided to the city prior to the issuance of any additional residential building permits.
14.20.230 Final platRecording.
All final plats approved by the administrator shall be filed for record immediately, or as soon as
applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication
shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the
city prior to the issuance of any additional residential building permits.
7. Subdivision Appeals
Remove appeal procedures from YMC Ch. 14.50 to use process in YMC Ch. 16.08, consistent
with Title 15, Title 16, and Ch. 6.88.
Chapter 14.50
APPEALS
Sections:
14.50.010 Appeals of admini
14.50.020
14.50.030
14.50.040
14.50.050 Effect of appeals.
14.50.060 Actions not appealable.
14.50.010
The procedures to appeal actions under Title 14, Title 15, Title 16, and Chapter 6.88 shall be found
in YMC 16.08
A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly
affected by any decision of the administrator may appeal that decision to the hearing examiner.
B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision
by the administrator. Appeals shall be filed with the office of environmental planning.
C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office of
environmental planning and shall be accompanied by the required fees. All appeals shall specifically
cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action
is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban
area zoning ordinance, this title, or other provisions of law.
D. Notice. The office of environmental planning shall set a reasonable time and place for hearing
of the appeal and shall notify all parties of record at least ten days prior to the hearing.
E. Transfer of Record. The planning manager shall transmit to the hearing examiner true copies of
all records pertaining to the proposed decision being appealed, together with any additional written
report as determined to be pertinent.
F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be
limited to issues raised in the appeal application. The hearing examiner shall render a written
decision on the appeal within ten working days from the conclusion of the hearing unless the
subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner
may affirm or 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
record not later than three working days following the issuance of the final decision. (Ord. 2011-08
§ 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.120).
14.50.020
A.
is appealed to the city council by a person or agency affected by the decision in the following
manner:
1. The appealing party must file a complete written notice of appeal with the office of
environmental planning upon forms provided by the department and accompanied by the
2. The notice of appeal shall specify the claimed error(s) and issue(s) 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.
B. Appeal Procedures.
1. The office of environmental planning shall notify 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 office of
environmental planning. The notice to parties of record shall also state that parties of record
wishing to respond to the appeal may submit written argument or memoranda to the legislative
body within fourteen days from the date the notice is mailed and shall further specify that such
written argument or memorandum shall not include the presentation of new evidence and shall
be based only on the record before the hearing 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 days of the date of mailing of the notice to parties. Such written
argument or memorandum of authorities shall be filed with the office of environmental
planning. 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-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
memorandum would otherwise be due. The legislative body may grant further extensions for
good cause shown on a finding by the legislative body of the existence of 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 record before the hearing examiner.
3. When a timely appeal has been filed and the deadline for receipt of written memoranda
has passed, the office of environmental planning shall within five days deliver to the city
recording of the hearing before the hearing examiner, and any written argument or
memorandum of authority which has been received. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65
§ 2 (part), 1998. Formerly 14.15.130).
14.50.030
decision.
A.
city council, the clerk of the city council shall schedule a date for a meeting of the city council at
which time the city council shall consider the record upon
based and the written and oral arguments of the appellant and other parties of record regarding
public meeting should not be later than twenty days following the date the city council receives the
record from the office of environmental planning.
B. Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all
parties of record of the date of the closed record public hearing on the appeal.
C. Site Views. The city council may view the site.
D. Scope of Review. City council review of the facts shall be limited to the record before the
hearing examiner. The city council may request additional information or memoranda in order to
reach a decision; provided, that all parties of record are given an opportunity to respond to any new
material provided.
E. Action on Appeal. At the closed record public hearing the city council may adopt, amend and
decision, or the city council may remand the matter for further consideration or for purpose of taking
and considering new factual evidence by the examiner. If the city council renders a decision different
from the decision of the hearing examiner, the city council shall adopt amended findings and
conclusions accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly
14.15.140).
14.50.040
The action of the city council on an appeal of the decision of the hearing examiner shall be final and
conclusive unless within twenty-one days from the date of final action an aggrieved party obtains an
appropriate writ of judicial review from the Yakima County superior court for the purpose of review of
the action taken. The appellant shall provide or pay for in advance the cost of preparing any
verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court,
the parties may agree to provide a verbatim audio record of proceedings for purposes of review by
the superior court. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.150).
14.50.050 Effect of appeals.
No subdivision may be recorded while an appeal is pending. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-
65 § 2 (part), 1998. Formerly 14.15.160).
14.50.060 Actions not appealable.
A. Generally. Only final actions or decisions of a reviewing or other official may be appealed under
this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision-
making process by a reviewing or other officer under this title are not appealable except as part of
the final decision or action.
C. Enforcement Actions. No enforcement action for violation of this title is appealable except as
expressly provided in Chapter 14.40. No decision or action for issuance of a warning citation or
criminal citation by the reviewing official or other proper legal authority is appealable under this
chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by
any part in a court of law.
8. Permit Timing
16.05.020 Contents of notice of application.
The notice of application shall comply with the notice requirements specified in YMC 16.05.010 and
shall include:
A. The date of the application, the date of the notice of completion for the application, the date the
notice of application is issued;
B. A brief description of the proposed project action, including the project location and city file
number;
C. The location where the application and any studies can be reviewed, including the city website
information;
D. The date when the public comment period ends, which shall be the fourteenthtwentieth day
following the date of notice of application (except projects requiring a public hearing comments can
be submitted up to the hearing date and at the public hearing), and a statement of the right of any
person to comment on the application and become a party of record for the application;
E. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of
the application;
F. Any other information determined appropriate by the director.
16.05.030 Public comment on the notice of application.
All public comments on the notice of application must be received in the department of community
development not later than five p.m. on the fourteenthtwentieth day after the notice of application is
issued. If the fourteentwenty-day public comment period ends on a weekend or holiday, it shall be
automatically extended to the end of the next business day. Comments may be mailed, personally
delivered or sent by facsimile. Comments should be as specific as possible. Any public comment
received by the city of Yakima planning division requesting to become a party of record shall be
added to the record and shall be entitled to receive any future notices and/or decisions associated
with the application.