HomeMy WebLinkAbout2015-036 Yakima Urban Area Zoning Ordinance Text Amendments; YMC Amendment 15.02.020January 22, 2016
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YAKIMA COUNTY, WA
01/22/2016 02:35:45PM
ORDINANCE
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CITY OF YAKIMA PLANNING
Recording Fee: 139.00
Ordinance No. 2015-036
2015 Text Amendment to the Yakima Urban Area
Zoning Ordinance, Title 15 of the Yakima Municipal
Code
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Ordinance concerning amending the following sections of Title 15 of the City of
Yakima Municipal Code: 15.02.020
PARCEL NUMBERS: Not applicable. This is a regulatory policy.
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AN ORDINANCE
ORDINANCE NO. 2015-036
relating to the regulation of land use and development in
the City of Yakima and amending the following sections of
Title 15 of the City of Yakima Municipal Code: 15.02.020.
WHEREAS, the Planning Commission of the City of Yakima has considered
certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of
land use and development in the City of Yakima; and
WHEREAS, the Planning Commission has held an open record public hearing
on October 14, 2015, pursuant to notice, and has received and considered all evidence
and testimony presented; and
WHEREAS, the Planning Commission, having conducted such public hearing,
found, determined and recommended that the City Council approve such amendments;
and
WHEREAS, the City Council has held a open record hearing on December 1,
2015, pursuant to notice, to consider such amendments as recommended by the
Planning Commission; and
WHEREAS, the City Council of the City of Yakima, having considered the record
herein and the recommendation from the Planning Commission, hereby finds and
determines that approval of such amendments is in the best interests of residents of the
City of Yakima and will promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.02.020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.02.020 Definitions.
For the purpose of this title, certain abbreviations, terms, phrases, words and
their derivatives shall be construed as specified herein unless the context
requires a different meaning. Where terms are not defined, they shall have the
ordinary accepted meaning within the context with which they are used. Where
an activity or land use could fall under two definitions, the more specific shall
apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the
American Planning Association's Planner Dictionary and Black's Law Dictionary,
shall be the source for ordinary accepted meaning and for the definition of words
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not defined below. Specific examples are included as illustrations, but are not
intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley 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 dwelling unit (ADU)" means a structure meeting the purpose and
requirements of YMC 15.09.045 which is attached to a single -family home, or
detached garage with living facilities for one individual or family separate from the
primary single -family.
"Accessory use" means a use that is subordinate and incidental to a principal
use.
"Administrative official" means the duly appointed Yakima County planning
official or the city of Yakima director of community and economic development,
whichever is appropriate, or their designee.
Adult Day Care Center. See "day care facility."
"Adult Family Home" means a regular family abode, licensed by the state, in
which a person or persons provide personal care, special care, room, and board
to more than one but not more than six adults who are not related by blood or
marriage to the person or persons providing the services (RCW 70.128.175).
"Agricultural building" means a structure designed and constructed to store
farm implements or hay, grain, poultry, livestock, fruit and other agricultural
products. Controlled atmosphere and cold storage warehouses are not
agricultural buildings. An agricultural building shall not be used for human
habitation; for 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. An agricultural market may
include, as incidental and accessory to the principal use, the sale of factory-
sealed or prepackaged food products such as boxes of apples or other fruit and
some limited nonfood items, and these products shall consist of no more than
forty percent of the gross floor area. This definition does not include the sale of
livestock.
"Agricultural product support" means a business that provides a product or
service intended for use in the processing, storage, preservation, or distribution
of agricultural commodities. This definition does not include agricultural
processing, storage, preservation, distribution, and related uses.
"Agricultural related industry" means specifically:
1. "Packaging plants" may include, but are not limited to, the following
activities: washing, sorting, crating and other functional operations such as
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drying, field crushing, or other preparation in which the chemical and physical
composition of the agricultural product remains essentially unaltered. This
definition does not include processing activities, slaughterhouses, animal
reduction yards, or tallow works;
2. "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. This definition does not include
slaughterhouses or rendering plants; and
3. "Storage facilities" include those activities that involve the warehousing of
processed and/or packaged agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area
used for http://www.yakimawa.gov/the retail sale of agricultural products grown
on the premises, excluding livestock raised on the premises.
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See
Table 4-1, YMC 15.04.030.)
"Airport commercial" means the retail sale of aviation-related products and
services including aircraft service and rental, air passenger services, and air
terminal activities including passenger ticketing, baggage, taxi service, car rental,
restaurants, hotels, and gift shops.
"Airport industrial" means research, design, fabrication, and assembly of
aircraft, aircraft parts, and aviation-related products located at the Yakima Air
Terminal. This use also includes storage and wholesale trade of aviation-related
products and air cargo operations and associated storage and processing.
"Airport operations" means activities, uses, structures and facilities that are
located on and necessary to the operation of the Yakima Air Terminal. These
activities and facilities include runways, taxiways, parking ramps and aprons,
navigation and radar/radio communication facilities and equipment, safety and
emergency facilities, and storage and maintenance facilities.
"Alley" means a public thoroughfare or way twenty 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.
"Amusement park" means a permanent indoor and/or outdoor facility, which
may include structures and buildings, where there are various devices for
entertainment, including rides, booths for the conduct of games or the sale of
items, and buildings for shows and entertainment.
"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.
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"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 an administrative official's or hearing
examiner's decision, determination, order or official 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 administrative
official.
"Arterial" means a principal or minor arterial, as shown in the Yakima urban
area transportation 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 multistory buildings, by
a common ceiling/floor(s).
"Auction house" means a structure or enclosure where goods and/or livestock
are sold by auction.
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.
"Bed and breakfast" means a residential structure providing individuals with
lodging and meals for not more than thirty days. For home occupations, such
uses are limited to having not more than five lodging units or guest rooms.
"Beverage industries" means the production, processing, and/or packaging of
milk, soft drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "Game room."
"Boardinghouse" means an establishment providing both lodging and meals for
not more than ten persons residing in the facility on a permanent or semi-
permanent basis.
Building. See "Structure."
"Building area" means the three-dimensional space within whicha structure is
permitted to be built on a lot and which is defined by maximum height regulations,
yard setbacks and building coverage.
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"Building code" means the building code and related codes as amended and
adopted by Yakima County/city of Yakima.
"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:
1. The elevation of the highest adjoining sidewalk or finished ground surface
within a five-foot horizontal distance of the exterior wall of the building when such
sidewalk or finished ground surface is not more than ten feet above lowest
finished grade;
2. An elevation ten feet higher than the lowest finished grade when the
highest sidewalk or finished ground surface described in subsection 1 of this
definition is more than ten feet above lowest finished grade. (See Figure 2-1.)
The height of a stepped or terraced building is the maximum height of any
x
segment of the building.
Determination of Building Height in Feet
Figure 2-1
"Building 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.
"Business school" means a commercial or public school providing instruction
solely in professional skills such as: business management, accounting,
secretarial skills, sales, marketing and merchandising.
"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.
"Campground" means a development providing facilities for outdoor
recreational activities, including structural improvements such as covered
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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 a business engaged in washing, waxing and/or polishing
cars and small trucks. This definition includes self-service car washes, automated
car washes, manned car washes and auto detailing.
Card Room. See "Game room."
"Caretaker dwelling" means a single -family dwelling unit accessory to an
agricultural, professional, commercial, or industrial use for occupancy by the
owner/caretaker.
"Center line of right-of-way" means the midpoint between the future alignment
of the opposite edges of the right-of-way.
"Certificate of zoning review" means that certificate issued by the appropriate
administrative official stating that the proposed use of the structure or land
conforms to the provisions of this title.
"Change of use" means a change from one use listed in Table 4-1, Table of
Permitted Land Uses, to another use listed in that table.
"Chicken tractor" means a movable chicken coop lacking a floor, and may
house other kinds of poultry.
"Children's Outdoor Recreation Center" means an outdoor facility which offers
children's rides and/or games such as go-carts, bumper boats, batting cages,
miniature golf and/or similar activities for children and which does not operate
between the hours of 11:00 p.m. and 8:00 a.m.
"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
YMC Chapter 15.04 and are considered compatible and are permitted on any site
in the district. The administrative official shall review Class (1) uses for
compliance with the provisions and standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of
YMC Chapter 15.04 and are generally permitted throughout the district. However,
site plan review by the administrative official is required in order to ensure
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
YMC Chapter 15.04 and are generally incompatible with adjacent and abutting
property because of their size, emissions, traffic generation, neighborhood
character or for other reasons. However, they may be compatible with other uses
in the district if they are properly sited and designed. Class (3) may be permitted
by the hearing examiner when he determines, after holding a public hearing, that
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the use complies with provisions and standards; and that difficulties related to the
compatibility, the provisions of public services, and the Yakima urban area
comprehensive plan policies have been adequately resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved
upon completion of Type (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 that has
been or would be classified under YMC Chapter 15.04 as a Class (1), (2) or (3)
use in a particular district, even though the use has not been through Type (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 YMC Chapter 15.17.
"Clean and sober facility" means a commercial business providing a dwelling
or building for occupation by rehabilitated alcohol and/or drug users, during their
re-entry into the community. The clean and sober facility provides residentially
oriented facilities for the rehabilitation or social adjustment of persons who may
need supervision or assistance in becoming socially reoriented, but who do not
need institutional care. (Also see "Halfway house.")
"Clinic" means a structure for the medical examination and treatment of human
patients, but without provision for keeping such patients overnight on the
premises.
"Closed record appeal" means an administrative appeal, held under RCW
36.70B, that is on the record to a county/city body or officer (including the
legislative body) following an open record hearing on a project permit application
with no or limited new evidence or information allowed to be submitted and only
appeal arguments allowed.
"Coffee/espresso drive-through facility" is a place used to sell coffee and
associated items from a drive -up window to a person driving a vehicle.
"Coffee/espresso stand" is a place used to sell coffee and associated items
from a bar or counter area commonly inside a building and/or structure.
"Commercial services" means technical services and specialized care services
such as lawn and garden care and delivery services, except as otherwise
regulated.
"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 the principal use of the facility is for public
assistance, community improvement, or public assembly.
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"Community garden" means:
1. Privately or publicly owned land that is used by multiple users who may or
may not have ownership of the property;
2. May be divided into separate plots, for the cultivation of fruits, vegetables,
plants, flowers, or herbs;
3. Common areas associated with the garden are maintained by group
members;
4. The produce or goods grown on site are not for commercial sale;
5. A community garden is different than a "collective garden" that is used for
the growing of marijuana plants; and no marijuana shall be grown on a community
garden plot;
6. A community garden is separate from the use of "agriculture" as defined
and regulated under YMC Chapter 15.02 and YMC 15.04.030, Table 4-1, and is
different than a privately maintained garden that is associated with a principal use
and regulated in accordance with YMC 15.04.060(A); and
7. Structures and buildings associated with a community garden are
considered "accessory uses" to a principal use, and shall comply with the
provisions of YMC Title 15, and the International Fire and Building Codes.
Community Water System. See "Water system, public."
"Compatibility" means the characteristics of different uses or developments that
permit them to be located near each other in harmony with or without special
mitigation measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and
any supplemental plans officially adopted under RCW Chapter 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 approval" means restrictions or requirements imposed by an
administrative official pursuant to authority granted by this title.
Consulting Services. See "Professional business."
"Convalescent or nursing home" means an establishment providing nursing,
dietary and other personal services to convalescents, invalids, or aged persons,
but not mental cases or cases for contagious or communicable diseases which
are customarily treated in sanitariums and hospitals.
"Converted dwelling" means a structure which, due to interior alterations, has
been modified to increase the number of individual dwelling units. This definition
does not apply to multifamily structures constructed under the provisions of this
title.
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"Cosmetic services" means tattooing, body piercing, and similar services.
"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173-303-
070 through 173-303-103 as dangerous or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention,
supervision and oversight serving thirteen or more children regardless of whether
such services are provided for compensation, governed by Washington State
DSHS licensing provisions for said day care use and conducted in accordance
with state DSHS requirements.
"Day care facility" means a building or structure in which an agency, person or
persons regularly provide care for a group of nonrelated individuals (children or
adults) for periods of Tess than twenty-four hours a day. This includes family day
care homes and day care centers.
"Day care home, family" means a family day care home located in a private
home that supplies care, attention, supervision, and oversight for one to twelve
children, governed by Washington State DSHS licensing provisions for said day
care use and conducted in accordance with said state DSHS requirements.
"Delicatessen and other specialty food stores" means retail food stores selling
ready -to -eat food products such as cooked meats, prepared salads or other
specialty food items. This definition includes seafood, health food and other
specialty food stores having seating for no more than five persons.
"Department" means either the Yakima County planning division or the city of
Yakima department of community and economic development.
"Desktop publishing" means activity related to the use of computers in order to
produce documents for personal use or for other uses.
"Development" means "use" as defined by this title.
"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 building/construction permit shall serve as the
other 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 districts, the
coordinated development of a single lot with a number of residential structures
and/or dwelling types which are designed to:
1. Maintain the character of the residential neighborhood;
2. Provide compatibility between various types of dwelling units, off-street
parking and other uses within the site; and
3. Share such site amenities as off-street parking, access drives, open space
and recreational facilities.
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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 multifamily residential and 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.
"Domestic farm animal—Pet" means four or fewer hen chickens (no roosters)
or rabbits that are kept for pleasure or as a hobby rather than utility. Domestic
farm animals that are considered pets are regulated under the provisions of YMC
15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC
15.09.070, Special requirements for animal husbandry.
"Driveway" means the private traveled access to a property 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 structures, 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:
1. Site-built: Constructed primarily at the occupancy site and permanently
affixed to the ground by a foundation.
2. Modular home: See "Modular home."
3. Manufactured home: See "Manufactured home" and "Mobile home."
"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.
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"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 for living, sleeping, cooking, eating and sanitation.
"Dwelling unit" does not include recreational vehicles or mobile homes.
"Earthen material" means sand, gravel, rock, aggregate and/or soil.
"Environmental review" means the procedures and requirements established
by the State Environmental Policy Act, RCW Chapter 43.21C, as it now exists or
is hereafter amended.
"Existing uses" means a use or development legally existing or legally
established by a jurisdiction prior to the effective date of this title that has been or
would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in
the appropriate zoning district.
"Family" means individuals, consisting of two or more persons related by blood,
marriage or adoption, or a group of not more than five persons, excluding
servants, who are not related by blood, adoption or marriage, living together as a
single housekeeping unit in a dwelling unit.
A. The term "family" shall include:
1. State-licensed adult family homes required to be recognized as residential
uses pursuant to RCW 70.128.175;
2. State-licensed foster family homes and group care facilities as defined in
RCW 74.15.180, subject to the exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements
equivalent to a familial setting required to be accommodated as residential uses
pursuant to the Fair Housing Act and the Washington Housing Policy Act, RCW
35.63.220 and RCW 35A.63.240, respectively.
B. The term "family" shall exclude individuals residing in halfway houses,
crisis residential centers as defined in RCW 74.15.020(3)(g), group homes
licensed for juvenile offenders, or other facilities, whether or not licensed by the
state, where individuals are incarcerated or otherwise required to reside pursuant
to court order under the supervision of paid staff and personnel.
C. Calculation of Residents. When calculating the number of unrelated
persons residing in a single -family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members
are related by genetics, adoption or marriage, the total number of residents shall
not exceed five persons except as provided in subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or
marriage may rent a room to a total of two additional renters, or up to two students
as a part of a recognized foreign exchange program or similar educational,
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nonprofit program, or a combination of a renter and such student to a total of two
additional persons. The additional renters and/or foreign exchange students, to a
maximum of two, shall not be considered when calculating the number of
unrelated persons residing in a dwelling unit under subsection (C)(1) of this
section. Three or more renters and/or students shall be considered as unrelated
individuals and all persons residing in a dwelling unit, regardless of whether a
portion of them are related by genetics, adoption or marriage, shall be considered
when determining the total unrelated persons residing at a site.
3. Nothing herein shall be interpreted to limit normal hosting activities
associated with residential use.
"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 administrative 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 one -hundred -year flood.
"Food preparation" means a business, service or facility dealing with the
preparation of food items for off-site consumption. This definition includes
confectioneries, catering services, and preparation of food items for wholesale.
"Game room" means a commercial facility, or a portion thereof, open to the
general public, in which card games, pool, electronic games, bingo, etc., are
played; provided, however, that this definition shall exclude "social card room" as
defined herein. (Also see "Meeting hall.")
"Garage, private" means a building or portion of a building designed to store
motor vehicles that are used by the occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping,
repairing, servicing, hiring, selling or storing motor -driven vehicles; but excluding
private garages.
General Retail Sales.
1. Twelve thousand square feet or less (not otherwise regulated) means the
retail sales of merchandise in a store type setting where the building/structure's
gross size is twelve thousand square feet or less.
2. Greater than twelve thousand square feet (not otherwise regulated) means
the retail sales of merchandise in a store type setting where the
building/structure's gross size is greater than twelve thousand square feet.
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Land uses permitted under the above two categories include, but are not
limited to:
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Addressing, mailing, and stenographic services
Toy and hobby stores
Antique stores
Jewelry, watches, silverware sales and repair
Artist's supplies
Music stores/instrument sales and repair
Bakeries
Secondhand stores
Book stores
Paint, glass and wallpaper stores
Stationary and office supplies
Pet stores and supplies/grooming
Camera and photographic supplies
Printing, photo copy service
Clothing, shoes, and accessories
Sporting goods and bicycle shops
Computer and electronic stores
Video sales/rental
Collectables (cards, coins, comics, stamps, etc.)
Gift shops
Department stores
Discount store
Drug stores and pharmacies
Variety store
Fabric and sewing supplies
Specialty shops
Florist (indoor sales only)
Small appliances
Specialty food stores
TVs, business machines, etc., sales
Land uses not meeting the intent of the general retail sales and retail trade
definitions, as determined by the administrative official, may be either referred to
the hearing examiner for a use interpretation under Chapter 15.22 or use
classification under YMC 15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined
lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons,
holiday decorations, curios, crafts, and miscellaneous small art goods.
"Glare" is the reflection of harsh, bright Tight.
"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 YMC 15.06.040.
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"Group home" means a place for handicapped, physically or developmentally
disabled adults, or dependent or predelinquent children, providing special care in
a homelike environment. This definition includes homes of this nature for six or
fewer persons, excluding house parents, which are protected by state or federal
law as residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities
that provide:
1. State -licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional
institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug
abusers can be placed in lieu of incarceration for detoxification and treatment
from effects of alcohol and drugs. (See "Clean and sober facility.")
"Hazardous materials" means any item listed as hazardous by a federal agency
or State Department of Ecology or the Yakima regional clean air authority. (See
YMC 15.13.020(D).)
"Hazardous waste" means and includes all dangerous and extremely
hazardous wastes as defined in RCW 70.105.010.
"Hazardous waste facility, off-site" means hazardous waste treatment and
storage facilities that treat and store waste from generators on properties other
than those on which the off-site facilities are located.
"Hazardous waste facility, on-site" means hazardous waste treatment and
storage facilities which treat and store wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process
produces dangerous waste or whose act first causes dangerous waste to become
subject to regulations under the dangerous waste regulations, WAC Chapter 173-
303.
"Hazardous waste storage" means the holding of dangerous waste for a
temporary period. Accumulation of dangerous waste by the generator at the
generation site is not storage as long as the generator complies with the
applicable requirements of WAC 173-303-200 and 173-303-201.
"Hazardous waste treatment" means the physical, chemical, or biological
processing of dangerous waste to make such waste nondangerous or less
dangerous, safer for transport, amenable for energy or material resource
recovery, amenable for storage, or reduced in value.
"Hearing examiner" means that person appointed by the Yakima city council
and board of county commissioners.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession
or sport as a home occupation, except when otherwise prohibited. (See YMC
Chapter 15.04, Table 4-2.)
15
"Home occupation" means the accessory use of a dwelling unit for gainful
employment involving the manufacture, provision or sale of goods and/or
services in the home.
"Home occupation, business administration" means the accessory use of a
dwelling as an 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 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.
"Home occupation, home contractor" means the accessory use of a dwelling
as, but not limited to, lawn care and/or snow removal services, building, electrical
and plumbing, contractors offices for small businesses.
"Homeowners' association" means a community association, other than a
condominium association, in which individual owners share ownership or
maintenance responsibilities for open space or facilities.
"Hospital" means an institution providing clinical, temporary, and emergency
services of a medical or surgical nature to human patients which is licensed by
state law to provide facilities and services for surgery, obstetrics, and general
medical practice as distinguished from clinical treatment of mental and nervous
disorders.
"Hulk hauler" means any person who deals in vehicles for the sole purpose of
transporting and/or selling them to a licensed motor vehicle wrecker or scrap
processor in substantially the same form in which they are obtained. A hulk hauler
may not sell secondhand motor vehicle parts to anyone other than a licensed
vehicle wrecker or scrap processor, except for those parts specifically
enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be
sold to a licensed vehicle wrecker or disposed of at a public facility for waste
disposal. (RCW 46.79.010)
"Impervious surface" means any material reducing or preventing absorption of
stormwater 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.
16
"Kennel" means a building, enclosure or portion of any premises in or at which
dogs, cats or other domesticated animals are boarded or kept for hire; or in or at
which dogs, cats or other domesticated animals are kept or maintained by any
person other than the owner; or in or at which six or more cats or four or more
dogs over the age of four months are kept or maintained. This definition shall
include boarding kennels, but not pet shops, animal hospitals or zoos.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Landscaping" means the arrangement and planting of trees, grass, shrubs and
flowers, and the placement of fountains, patios, street furniture and ornamental
concrete or stonework and artificial turf.
"Legislative body" means the board of Yakima County commissioners or the
Yakima city council, whichever is appropriate.
"Loading space" means an off-street space on the same lot with a structure or
use, or contiguous to a group of structures or uses, for the temporary parking of
a vehicle while loading or unloading persons, merchandise, or materials, and
which abuts a street, alley or other appropriate means of access and egress.
"Lot" means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially
recorded in the Yakima County auditor's office; or
2. A legally recognized prior division or parcel under the provisions of Yakima
County's subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision
ordinance (YMC Title 14).
"Lot area" means the total horizontal area within the boundary lines of the gross
lot.
"Lot, corner" means a lot abutting two or more streets at their intersection, or
upon two parts of the same street forming an interior angle of less than one
hundred thirty-five degrees. (See Figure 2-2.)
N
Contra
Lal
Inferior
lot
Dntrtim
Lot
La,
1.m
—1 I
harm
Lai
Ihroagh
Lot
Figure 2-2
17
"Lot coverage" means that portion of the lot that is covered by structures and
other impervious surfaces.
"Lot depth" means the horizontal length of a straight line drawn from the
midpoint of the front lot line to the midpoint of the rear lot line. (See Figure 2-3.)
•-i Lot
Depth
Figure 2-3
"Lot, flag" means a lot only a narrow portion of which fronts on a public/private
road and where access to the public/private road is across that narrow portion.
(See Figure 2-2.)
"Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.)
"Lot line, front" means, in the case of an interior lot, the property line separating
the lot from the road or street, other than an alley. For the purpose of establishing
the front lot line for a corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with
the narrowest street frontage, except that the building official, or his designee,
shall designate the front lot line for corner lots in residential districts.
2. For a flag lot, when the access easement or right-of-way extends across
the lot, the front lot line shall be the line separating the lot from the right-of-way
or access easement. When the right-of-way or access easement does not extend
across the property, the front lot line shall be determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property
line separating a zero lot line from: (a) another zero lot line or (b) adjoining
common open space. (See Figure 2-4.)
Ihiti4i
:cnbi(a dpeuspnce
"Lot line, rear" means the property line which is opposite and most distant from
the front lot line. For the purpose of establishing the rear lot line of a triangular or
18
trapezoidal lot, or of a lot the rear line of which is formed by two or more lines,
the following shall apply:
1. For a triangular or gore -shaped lot, a line ten feet in length within the lot
and farthest removed from the front lot line, and at right angles to the line
comprising the depth of such lot, shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the
front lot line, the rear lot line shall be deemed to be a line at right angles to the
line comprising the depth of such lot and drawn through a point bisecting the
required rear lot line.
3. In the case of a pentagonal lot, the rear boundary of which includes an
angle formed by two lines, such angle shall be employed for determining the rear
lot line in the same manner as prescribed for a triangular lot.
"Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure
2-2.)
"Lot width" means the horizontal distance between the side lot lines, measured
at right angles to the line comprising the depth of the lot at a point midway
between the front and rear lot lines. (See Figure 2-3.)
"Low impact development" means stormwater management and land
development strategies that emphasize conservation and use of existing natural
site features integrated with disturbed, small-scale stormwater controls to more
closely mimic natural hydrologic patterns in residential, commercial, and
industrial settings. Low impact development addresses stormwater management
and land development that is applied at the parcel and subdivisions scale that
emphasize conservation and use of on-site natural features.
"Manufactured home" means a dwelling on one or more chassis for towing to
the point of use which bears an insignia issued by a state or federal regulatory
agency indicating that the structure complies with all applicable construction
standards of the U.S. Department of Housing and Urban Development definition
of a manufactured home and was built after June 15, 1976. Manufactured homes
are further classified as follows:
1. "Multi -wide," has a minimum width of not Tess than seventeen feet as
measured at all points perpendicular to the length of the manufactured home;
2. "Single -wide," has a minimum width Tess than seventeen feet as measured
at any point perpendicular to the length of the manufactured home.
"Manufactured structure" means a building manufactured with the intent of
being transported to a fixed site and constructed in accordance with the building
codes as adopted by the city/county.
"Massage therapy/spa" means a scientific or skillful manipulation of soft tissue
for therapeutic or remedial purposes, specifically for improving muscle tone and
circulation and promoting health and physical well-being. The term includes, but
19
is not limited to, manual and mechanical procedures for the purpose of treating
soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments,
oils, antiseptics, powders, herbal preparations, creams or lotions, procedures
such as oil rubs, salt glows and hot or cold packs or other similar procedures or
preparations commonly used in this practice. This term specifically excludes
manipulation of the spine or articulations and excludes sexual contact.
"Master planned development" means any development within the Yakima
urban growth area approved under YMC Chapter 15.28 (i.e., planned residential
development, planned commercial development, planned industrial
development, and planned mixed-use development).
"Meeting hall" means a private or quasi-private facility in which defined groups
or organizations come together for meetings and social events. Includes private
bridge club-type card rooms, grange halls, etc.
"Mining" means all or any part of the process involved in quarrying, mineral
extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses
of a similar nature, but does not include petroleum or natural gas exploration or
production.
"Mixed-use building" means a building in a commercial district or planned
development used partly for residential use and partly for a community facility or
commercial use.
"Mixed-use development" means use of the land or structure for two or more
different uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point
of use which does not meet applicable HUD manufactured housing standards of
June 15, 1976. This definition does not include modular homes, manufactured
homes, commercial coaches, recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for
the placement of two or more mobile or manufactured homes used as dwellings.
This definition shall not apply to the placement of a temporary hardship unit (see
YMC 15.04.140) on the same parcel with another home.
"Mobile home park expansion" means the preparation of additional sites for
mobile or manufactured homes (including the installation of utilities, final site
grading, the pouring of concrete pads, and the construction of streets).
"Mobile vendor" means a vendor or seller of merchandise or food from a
motorized vehicle or other motorized conveyance upon the public streets, alleys,
public property of the city, or upon private property. See YMC Ch. 5.57
"Modification (of use or development)" means any change or alteration in the
occupancy, arrangement, placement or construction of any existing use,
structure, or associated site improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements
of the International Building Code and is constructed in a factory and transported
20
to the building site. Modular homes are not subject to special review; they are
subject to the same review standards as a site -built home.
"Multiple -building complex" means a group of structures housing separate
businesses sharing the same lot, access and/or parking facilities.
"Multiple -occupancy building" means a single structure housing more than one
retail business, office, or commercial venture.
"Net residential acre" means forty-three thousand five hundred sixty square
feet minus the area in private and public streets, rights-of-way, and access
easements. (See YMC 15.05.030(B) to calculate the maximum number of
dwelling units permitted on a site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful
prior to adoption or amendment of this title, but which fails to conform to the
present requirements of the zoning district in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the
adoption or amendment of this title that fails, by reason of such adoption or
amendment, to conform to the present requirements of the zoning district where
it is located.
"Nonconforming use" means a use of land or structure lawfully established and
maintained, but which does not conform to this title for the district where it is
located.
"Nuisance" means any use, activity or structure that interferes with the
enjoyment and use of one's property by endangering personal health or safety,
offending the human senses, and/or failing to conform with the provisions, intent,
or standards of the district where the use, activity or structure occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or
ornamental plants and related products. Nurseries are further classified as
follows:
1. "Retail nursery" means a nursery which offers products to the general
public including plant materials, planter boxes, fertilizer, sprays, garden tools, and
related items;
2. "Wholesale nursery" means a nursery that raises nursery stock for sale to
a retail nursery or other business; and
3. "Greenhouse" means a nursery facility constructed with transparent or
translucent materials for indoor propagation of plants. This definition does not
include private greenhouses with no commercial sales.
"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 or alley.
21
"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.
"Park" means a public or privately owned area with facilities for active or
passive recreation by the public.
"Parking angle" means the angle formed by a parking stall and the edge of a
parking bay, wall or driveway of the parking facility, ranging from zero to ninety
degrees.
"Parking bay" means the section of a parking facility containing a driveway and
containing one or two rows of parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor
vehicles.
"Parking space" means an off-street area that is paved, drained, maintained
and used for the temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be
parked; a parking space.
"Party of record" means the applicant and any other person who has submitted
written comment on any action or proposed action, or who has appeared at a
public hearing or public meeting and signed an official register requesting notice
of further action.
"Permit" means written governmental approval issued by an authorized official,
empowering the holder thereof to take some action permitted only upon issuance
of written approval.
"Personal services" means a business providing specialized services such as
interior home or business design and shopping services, except as otherwise
regulated.
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than
utility including but not limited to: fish, dogs fewer than four, cats fewer than six,
hen chickens (no roosters) fewer than five, and rabbits fewer than five.
"Pet day care" means a building or structure in which an agency, person or
persons regularly provide care for pets, but not including overnight stays. Uses
not meeting this definition shall be considered kennels.
"Planning commission" means the duly constituted planning commission for
the city of Yakima.
"Planning division" means the Yakima County planning division or the
department of community and economic development of the city of Yakima,
whichever is appropriate.
"Preliminary approval" means the contingent approval by the administrative
official using an appropriate Type (2) or (3) review process prior to final approval.
22
Preschool. See "Day care center."
"Private 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.
"Product assemblage" means a business or service involved in assembling
products for off-site sales.
"Professional business" means a business primarily engaged in administrative
or service-related functions and dependent upon professional staff such as
lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and
consultants; or providing administrative governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency
or owned and operated by a private entity for the purpose of providing essential
public services to the public including, but not limited to: water, irrigation,
wastewater, garbage, sanitary, transit, police, fire, ambulance, parks and
recreation facilities, and street maintenance. The facility should be located to
efficiently serve the people benefiting from the service.
"Public hearing" means a meeting open to the public that is announced and
advertised in advance at which the public is given an opportunity to participate.
Public Water System. See "Water system, public."
"Recreational screen" means a protective device for recreational purposes
designed to keep recreational equipment within or outside of a designated area.
Such uses are typically associated with schools, parks, golf courses, swimming
pools, ball fields, and playgrounds.
"Recreational vehicle" means a motorized or nonmotorized vehicle designed
and manufactured for recreational use, including, but not limited to: boats, travel
trailers, snowmobiles, go-carts, motorcycles and dune buggies.
"Recycling drop-off center" means a commercial facility where products such
as aluminum, tin cans, glass, plastic, paper, and other similar products are
deposited, sorted and transferred to a recycling processing center for
reprocessing.
"Recycling processing center" means a facility where products such as
aluminum and tin cans, glass, plastic, paper and other similar products are
deposited, sorted, stored, and reprocessed.
"Residential density" means the number of dwelling units per net acre of land.
This term includes dwelling unit density.
"Restaurant" means establishments serving prepared food or beverages for
consumption on or off premises. This land use includes but is not limited to:
restaurants, sandwich shops, coffee shops with or without drive-through facilities
(see YMC 15.04.080 for establishments with drive-through facilities), and fast
food restaurants, but does not include bars, cocktail lounges, taverns, brewpubs
23
as licensed by the Washington State Liquor Control Board, catering services, or
industrial scale food production facilities.
"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.
"Retaining wall" means a wall made of wood, stone, cement, steel or other
products intended to support, retain or stabilize earthen or gravelly materials at
either natural or finished grade.
"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 official, administrative official, hearing
examiner, city of Yakima planning commission, or legislative body when engaged
in any review or approval procedure under the provisions 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 purchased by the
city of Yakima or Yakima County for existing or future public pedestrian or
vehicular access.
"Road, local access" means a public road not designed as a principal arterial,
minor arterial, collector arterial or neighborhood 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.
"Road, private" means a road not designed, built, or maintained by the city, the
Washington State Department of Transportation, or any political subdivision of
the state.
"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.
"School" means a structure and accessory facilities in which prescribed
courses are taught. This definition includes elementary, junior high or high
schools and institutions of higher learning, but does not include commercial
24
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.
"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.
"Setback, front" is the minimum horizontal distance measured perpendicularly
from the centerline of the adjacent right-of-way to the nearest wall of the structure.
Where there is a partial right-of-way, the setback shall be measured
perpendicularly from the design centerline. When there is no right-of-way, the
front setback shall be twenty 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, community" means small, self-contained sewage treatment
facilities built to serve developed areas generally found outside public sewer
service areas.
"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.
"Sewer system, regional" means sewer service provided by a municipality or
special purpose district.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and
assembly of metal-cased, thermo-formed, wooden, stone, neon, internally lit, or
electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction
requirement or site improvement that 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 lotto be built upon, the sizes and location of existing
buildings on the lot to the nearest foot, and the location and dimensions of the
proposed building(s), structure(s), or alteration(s).
25
"Social card room" means a commercial facility, or a portion thereof, open to
the general public, in which house-banked social card games are played, as that
term is defined by RCW 9.46.0282 (or as the same may be subsequently
amended hereafter), or in which other activities occur that constitute gambling
and are authorized by the Washington State Gambling Commission under RCW
9.46.070 (or as the same may be subsequently amended hereafter), to the extent
that said activities include any gambling activity engaging in the use of, or
associated with, slot machines (whether mechanical or electronic) or any
gambling activity engaging in the use of, or associated with, any other electronic
mechanism including video terminals.
"Special event" means any event for which a special event permit has been
issued pursuant to Chapter 9.70 of this code.
Specialty Food Store/Food Store, Specialty. See "Delicatessen and other
specialty food stores."
"Standard, administrative adjustment of" means a change, either an increase
or decrease, in one or more of the development standards in YMC Chapters
15.05 through 15.08, in accordance with the provisions of YMC Chapter 15.10.
"Standard, general" means any standard not capable of precise numerical
definition, but which expresses the policies of the community in this title and which
may be applied by the reviewing official during a Type (1), Type (2) or Type (3)
review.
"Standard, specific" means those numerical standards established in YMC
Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment
and storage facilities adopted pursuant to the requirements of RCW Chapter
70.105.
"Stockpiling of earthen materials" means permanent and/or continuous use for
storage of rock, gravel, rubble, sand, or soil.
"Storage facilities, bulk" means either enclosed (see "Warehouse") or outdoor
areas designed for the storage of either Targe quantities of materials or materials
of Targe size. Includes the storage of vehicles when such storage is not incidental
and subordinate to another land use and is not vehicle parking, automotive
wrecking/dismantling yards or vehicle sales Tots.
"Storage facilities, commercial" means enclosed storage areas designated 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.
"Storage, vehicle" means keeping vehicles on a given site that are not actively
used by the principal occupants of the site. This definition does not include
automotive wrecking/dismantling yards or vehicle sales lots.
26
"Street" means a public or private road.
"Street vendor" means a vendor selling food, nonalcoholic beverages, and/or
other goods or services within a public or private parking lot, pedestrian plaza,
public street,_alley, sidewalk, public right-of-way, or public property using a
nonmotorized cart or temporary structure. See YMC Ch. 5.57
"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, or 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.
"Swimming pool" means a contained body of water, used for swimming or
bathing purposes, either above ground level or below ground level, with the depth
of the container being more than eighteen inches or the area being more than
thirty-eight square feet.
"Tavern" means an establishment operated primarily for the sale of wine, beer,
or other beverages with any service of food incidental thereto.
"Technical equipment" means medical, dental, fire suppression, restaurant,
etc., equipment.
"Towing services" means a service to haul or tow vehicles for service, repair or
temporary storage. Any facility, except for wrecking yards, storing a vehicle for
five or more days shall be considered a vehicle storage facility. Hulk haulers are
not included under this definition.
"Transportation brokerage offices" means establishments primarily engaged in
furnishing shipping information and acting as agents in arranging transportation
for freight and cargo.
Travel Agency. See "Professional business."
"Urban growth area" means the area within the city limits of Yakima and Union
Gap, and the unincorporated portion of Yakima County within the Yakima urban
growth area boundary established by the board of Yakima County commissioners
pursuant to RCW 36.70A and adopted in the Yakima urban area comprehensive
plan (YUACP) as amended. The boundary and legal description of the Yakima
urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area
is that area where growth is expected to occur over the next twenty years from
the adoption of the YUACP and is the area in which urban level public services
are or will be provided.
27
"Urban services" include, but are not limited to, public water and sewer lines,
neighborhood parks, streetlights, police and fire protection.
"Use" means the activity or purpose for which land or structures or a
combination of land and structures is designed, arranged, occupied, or
maintained together with any associated site improvements. This definition
includes the construction, erection, placement, movement or demolition of any
structure or site improvement and any physical alteration to land itself, including
any grading, leveling, paving or excavation. "Use" also means any existing or
proposed configuration of land, structures, and site improvements, and the use
thereof.
Use, Class (1), (2), (3). See Class (1), (2), (3) uses.
Use, Modification of. See "Modification (of use or development)."
"Use, principal" means the primary or predominant use to which a structure,
part of a structure, or lot is or may be devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed
period of time, with the intent to discontinue such use upon the expiration of the
time period.
"Utilities" are those businesses, institutions, or organizations using pipes or
conductors in, under, above, or along streets, alleys or easements to provide a
product or service to the public.
"Utility services" means facilities operated by utilities, but not including local
transmission and collection lines, pipes, and conductors. Such facilities include,
but are not limited to, electrical power substations, water reservoirs, and sewage
treatment plants.
"Variance" means a modification of the specific regulations of this title in
accordance with the terms of this title for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges
commonly enjoyed by other properties in the same vicinity and zoning district.
Veterinary Clinic. See "Animal clinic/hospital."
"Vision triangle" means a triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed to grow in
such a manner as to limit or obstruct the sight distance of motorists entering or
leaving the intersection. (See YMC 15.05.040.)
"Warehouse" means a structure used for the storage of goods and materials.
See "Agricultural building."
"Waste material processing and junk handling" means a place where waste,
discarded or salvaged metal, used plumbing fixtures, discarded furniture and
household equipment, and other materials are bought, sold, exchanged, stored
or baled; and places or yards for the storage of salvaged materials and equipment
from building demolition and salvaged structural steel materials and equipment,
but excluding establishments for the processing and sorting of garbage, or for the
28
sale, purchase, storage or dismantling of automotive vehicles and machinery.
This definition does not include the processing, storage or disposal of hazardous
materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field
which is irrigated with wastewater or treated sewage. May include storage
lagoons utilized solely for storing wastewater before spraying, but not other
wastewater treatment facilities. Excludes sprayfields for wastewater defined as
hazardous pursuant to RCW Chapter 70.105.
"Water system, public" means any system, excluding a system serving only
one single -family residence, providing piped water for human consumption, as
defined and/or regulated under WAC 248-54.
"Wholesale trade" means those uses primarily engaged in the sale of
merchandise to retailers and to industrial, commercial, institutional or
professional business users or to other wholesalers.
"Wineries or breweries" means a winery or brewery for processing and
manufacturing purposes only, with limited wholesale trade incidental to the
primary use. Wineries and breweries are categorized as follows:
A. "Basic" does not have a commercial tasting room or restaurant;
B. "Resort/destination" has either a commercial tasting room or restaurant.
This type of winery or brewery is located on a site larger than five acres in size.
It could typically be associated, or compatible with: high density residential, resort
lodging, or a bed and breakfast;
C. "Retail" has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts
thereof are kept by a motor vehicle wrecker subject to state regulation (RCW
Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a
structure.
"Yard, front" means the open area extending along and parallel to the entire
length of the front lot line and measured from the property line to the structure.
"Yard, rear" means the open area at the rear of the structure extending the
entire width of the lot and measured from the structure to the rear property line.
"Yard, side" means an open area between the side wall line of the structure
and the side line of the lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that
one of the sides of the dwelling rests directly on a side lot line.
"Zoning district" means a portion of the Yakima urban growth area within which
certain uses of land and structures are permitted and certain other uses of land
and structures are prohibited, certain yards and other open spaces are required
and specific lot areas are established, all as set forth and specified in this title.
This definition also includes the terms "zone" and "use district."
29
"Zoo" means a park or facility where animals are kept and raised for visitors to
see and observe; zoological park. (Ord. 2014-030 § 1, 2014; Ord. 2013-045 § 1,
2013; Ord. 2011-52 § 1, 2011: Ord. 2011-12 § 1, 2011; Ord. 2010-16 § 1, 2010:
Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 1, 2005; Ord. 2002-53 §§ 1, 2,
2002; Ord. 98-60 § 1, 1998; Ord. 98-59 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 93-
81 §§ 1-14, 1993; Ord. 3106 §§ 1-5, 1988; Ord. 3019 §§ 1-10, 1987; Ord.
2947 § 1 (part), 1986).
30
Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.04.030 Table of permitted land uses.
Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each
permitted land use listed in Table 4-1 is designated a Class (1), (2), or (3) use for
a particular zoning district. In addition, some Class (1) uses may require Type (2)
review in accordance with YMC 15.04.020. All permitted land uses and
associated site improvements are subject to the design standards and review
procedures of this title.
Table 4-1 Permitted Land Uses
31
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture,
General Farming (not
feedlots or stockyards)
(*)
1
1
1
1
Agricultural Building (*)
1
1
1
1
Agricultural Chemical
Sales/Storage
1
1
1
Agricultural Market (*)
1
1
1
1
1
1
1
1
Agricultural Stand (*)
1
1
1
Agricultural Related
Industries (*)
2
1
1
1
Animal Husbandry (See
YMC 15.09.070) (*)
1
2
1
1
Concentrated Feeding
Operation (*)
3
Floriculture, Aquaculture
1
1
1
Fruit Bin Sales/Storage
3
2
1
1
Winery and Brewery—
Basic (*)
3
3
1
2
Resort/Destination w/on-
site agricultural
production (*)
2
3
3
3
3
3
3
31
Table 4-1 Permitted Land Uses
32
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Resort/Destination (*)
2
3
3
1
1
1
3
Retail (*)
1
1
1
1
1
1
2
AMUSEMENT AND RECREATION
Aquatic Center
3
3
3
1
2
Amusement Park
(Permanent) (*)
3
3
3
1
3
Bowling Alleys
2
2
2
1
1
2
3
Campground (*)
3
2
Childrens Outdoor
Recreation Center*
(More than 500 ft. from
abutting residential and
not containing a go-cart
track)
2
Childrens Outdoor
Recreation Center*
(Less than 500 ft. from
abutting residential
and/or containing a go-
cart track)
3
Drive in Theatres
3
2
2
2
Exercise Facilities
2
1
1
1
1
2
1
1
1
2
Horse Racing Tracks,
Speedways
3
3
Game Rooms, Card
Rooms, Electronic Game
Rooms (*)
3
2
1
2
2
2
Golf Courses,
Clubhouses, Golf Driving
Ranges
3
3
3
3
Miniature Golf Courses
3
3
1
1
1
1
32
Table 4-1 Permitted Land Uses
33
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Movie Theatres,
Auditoriums, Exhibition
Halls
3
1
1
1
1
Parks (*)
2
2
2
2
2
2
2
2
2
2
2
1
2
2
Roller Skating or Ice
Skating Rink
2
2
1
1
2
Sports Facility (indoor)
2
2
1
2
1
2
Social Card Rooms (See
YMC 15.09.090) (*)
3
3
3
3
State Fair Park
(See YMC 15.04.200)
COMMUNITY SERVICES
Cemetery/Crematorium
with Funeral Home
3
3
3
3
3
3
Funeral Home not
associated with
Cemetery/Crematorium
3
2
2
2
1
1
1
2
2
Churches, Synagogues,
and Temples (*)
2
2
2
2
2
2
2
2
1
1
2
2
Community Center (*)
Meeting Halls, Fraternal
Organizations
2
2
2
2
2
2
2
2
2
1
1
2
Community Gardens (*)
(if accessory to an
approved principal use)
(See YMC 15.04.060(G))
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*)
(with planting area of
one-quarter acre or less)
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*)
(with planting area of
more than one-quarter
and up to one-half acre)
2
2
2
2
2
2
2
2
2
1
2
2
33
Table 4-1 Permitted Land Uses
34
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Community Gardens (*)
(with planting area of
more than one-half acre
up to one acre)
2
2
2
2
2
2
2
2
2
2
2
2
Daycare Facilities (not
home occupation):
Family In -Home (*)
1
2
2
2
2
2
2
2
1
1
1
Daycare Center (*)
2
2
2
2
1
1
2
1
1
1
1
2
1
Public Facility (*)
3
3
3
3
2
2
2
2
1
1
1
1
1
1
Hospital (*) Outside
Institutional Overlay
3
3
3
3
3
3
3
3
Correctional Facilities
3
3
3
3
3
3
Libraries
3
3
3
2
1
2
1
1
1
1
1
1
Museums, Art Galleries
3
3
2
1
2
1
1
1
1
1
1
1
Schools
Elementary and Middle
3
3
3
3
3
3
1
3
Senior High School
3
3
3
3
3
3
3
3
Business Schools (*)
3
3
3
3
3
3
2
2
1
1
1
2
2
Community
College/University—
Inside Institutional
Overlay
(See YMC Chapter 15.30)
Community
College/University—
Outside Institutional
Overlay
3
3
3
3
3
2
2
2
2
3
2
3
2
2
Vocational Schools (*)
3
3
3
3
3
2
2
2
1
1
1
2
3
Wastewater Sprayfield
(*)
3
3
3
Zoo (*)
3
3
3
3
3
HEALTH AND SOCIAL SERVICE FACILITY
34
Table 4-1 Permitted Land Uses
35
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Group Homes (six or
fewer), Adult Family
Home (*)
1
1
1
1
1
1
1
1
Treatment Centers For
Drug and Alcohol
Rehabilitation
3
3
3
3
3
3
3
3
Boarding House (*)
3
3
3
3
3
1
2
Halfway House (*)
2
3
3
Group Homes (more
than six), Convalescent
and Nursing Homes (*)
3
2
2
2
3
3
MANUFACTURING
Agricultural Product
Support
2
2
2
1
1
Aircraft Parts
1
1
1
Apparel and Accessories
3
2
2
1
1
Bakery Products
(wholesale)
2
2
2
2
2
1
1
Beverage Industry (*)
2
2
2
1
1
Canning, Preserving and
Packaging Fruits,
Vegetables, and Other
Foods
3
1
1
Cement and Concrete
Plants
3
1
Chemicals (Industrial,
Agricultural, Wood, etc.)
3
1
Concrete, Gypsum and
Plaster Products
2
1
1
Confectionery and
Related Products
(wholesale)
2
2
2
1
1
2
1
1
35
Table 4-1 Permitted Land Uses
36
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Cutlery, Hand Tools and
General Hardware
1
3
1
1
Drugs
1
2
1
1
Electrical Transmission
and Distribution
Equipment
1
2
3
1
1
Electronic Components
and Accessories and
Product Assembly
1
2
2
3
1
1
Engineering, Medical,
Optical, Dental, Scientific
Instruments and Product
Assembly
1
2
1
1
Fabricated Structural
Metal Products
2
3
3
1
1
Food Processing
2
3
1
1
Furniture
2
3
2
1
1
Glass, Pottery, and
Related Products and
Assembly
2
2
2
1
1
Grain Mill Products
3
1
1
Heating Apparatus
Wood Stoves
1
1
Leather Products
3
1
1
1
Leather Tanning and
Finishing
1
1
Machinery and
Equipment
1
2
1
1
Meat, Poultry and Dairy
Products
1
1
36
Table 4-1 Permitted Land Uses
37
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Paints, Varnishes,
Lacquers, Enamels and
Allied Products
3
1
Paperboard Containers
and Boxes
1
3
1
1
Plastic Products and
Assembly
1
2
1
1
Prefabricated Structural
Wood Products and
Containers
1
1
1
Printing, Publishing and
Binding
1
3
2
1
1
Printing Trade (service
industries)
2
2
2
1
1
2
1
Recycling Processing
Center (*)
3
1
Rendering Plants,
Slaughter Houses
3
Rubber Products
1
2
1
Sign Manufacturing and
Product Assembly (*)
2
1
1
1
1
Sawmills and Planing
Mills
2
1
Sheet Metal and Welding
Shops
2
1
1
Stone Products (includes
finishing of monuments
for retail sale)
2
1
2
2
3
1
1
Transportation
Equipment, Including
Trailers and Campers
1
1
37
Table 4-1 Permitted Land Uses
38
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Woodworking: Cabinets,
Shelves, etc.
3
1
2
2
1
1
MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT
Asphalt Paving and
Roofing Materials, Rock
Crushing
3
3
1
Mining Including Sand
and Gravel Pits (*)
3
3
3
Stockpiling of Earthen
Materials (*)
2
2
2
2
1
1
1
1
1
1
1
1
1
1
Off -Site Hazardous
Waste Treatment and
Storage Facilities (*)
3
3
RESIDENTIAL
Accessory Uses (*)
See YMC 15.04.060
Detached Single -Family
Dwelling (*)
1
1
1
1
3
3
1
3
3
3
3
Accessory Dwelling Unit
(*) (See YMC 15.09.045)
2
2
Existing or New
Detached Single -Family
Dwelling on Existing Lots
of 8,000 Square Feet or
Less
1
1
1
Detached Single -Family
Dwelling (zero lot line) (*)
(See YMC 15.09.040)
2
2
2
2
3
3
1
3
3
3
3
Attached Single -Family
Dwelling, Common Wall
(*)
2
2
1
1
3
3
1
2
2
2
2
Two -Family Dwelling
(Duplex) (*)
3
3
1
1
2
2
1
2
2
2
2
38
Table 4-1 Permitted Land Uses
39
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Converted Dwelling (*)
3
3
2
2
2
2
2
2
2
2
1
Multifamily Dwelling (*):
0-7 DU/NRA
2
1
2
2
2
2
2
2
2
8-12 DU/NRA
2
1
2
2
2
2
2
2
2
13+ DU/NRA
3
1
2
2
2
2
2
2
2
Mixed -Use Building
1
1
1
1
1
1
1
Planned Development
(*)
See YMC 15.28
Mobile Home Parks (*)
2
2
2
Mobile Home (*) or
Manufactured Homes (*)
See YMC 15.04.160
Retirement Homes (*)
2
3
1
3
1
1
Temporary Hardship
Units (See YMC
15.04.140)
2
2
2
2
2
2
2
2
2
2
2
RETAIL TRADE, AND SERVICE
Adult Business Uses
See YMC 15.09.200
Animal
Clinic/HospitalNeterinari
an (*)
3
2
2
2
1
2
1
1
1
Auction House for Goods
(*)
3
2
2
2
1
1
2
1
1
Auction House for
Livestock (*)
3
2
2
Automotive
Automotive Dealer New
and Used Sales
2
2
2
1
3
1
1
Weekend Automobile
and Recreational Vehicle
(RV) Sales
1
1
1
39
Table 4-1 Permitted Land Uses
40
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Automotive: Car
Wash/Detailing
2
1
1
1
1
1
2
Parking Lots and
Garages
2
1
1
1
1
1
1
1
1
Maintenance and Repair
Shops
2
1
1
2
1
2
1
2
Paint and Body Repair
Shops
2
2
1
1
1
2
Parts and Accessories
(tires, batteries, etc.)
2
1
1
1
1
2
1
2
Towing Services
1
3
1
1
Wrecking and
Dismantling Yard (*) and
Hulk Haulers (*)
3
1
Bail Bonds
1
1
1
Beauty and Barber
Shops
2
1
2
1
1
1
1
1
1
2
Bed and Breakfast Inn (*)
2
2
2
2
2
2
1
Boats and Marine
Accessories
2
2
1
1
1
1
Butcher Shop
1
1
1
1
2
2
1
Commercial Services (*)
2
1
2
1
1
1
1
1
2
Communication Towers
(*)
See YMC 15.29
Convenience Store—
Closed 10:00 p.m. to
6:00 a.m.
1
2
1
1
1
1
1
1
2
Convenience Store—
Open 10:00 p.m. to 6:00
a.m.
2
2
2
1
1
2
1
2
40
Table 4-1 Permitted Land Uses
41
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Pet Daycare/Animal
Training (*)
2
1
1
1
2
1
1
2
Farm and Implements,
Tools and Heavy
Construction Equipment
1
2
3
1
1
Farm Supplies
2
2
1
1
2
1
Financial Institutions
1
1
1
1
1
1
1
1
Fuel Oil and Coal
Distributors
1
2
1
1
Furniture, Home
Furnishings, Appliances
1
1
1
1
1
1
1
General Hardware,
Garden Equipment, and
Supplies
2
1
1
1
1
1
1
1
1
General Retail Sales
12,000 sq. ft. or less (not
otherwise regulated) (*)
2
1
1
1
1
1
1
1
3
General Retail Sales
greater than 12,000 sq.
ft. (not otherwise
regulated) (*)
2
1
1
1
1
1
1
3
Heating and Plumbing
and Electrical Equipment
Stores
2
2
1
1
1
1
1
Heavy Equipment
Storage, Maintenance
and Repair
1
1
1
Kennels (*)
2
2
2
Laundries, Laundromats
and Dry Cleaning Plants
2
2
1
1
1
1
2
1
Liquor Stores
2
2
1
1
1
1
41
Table 4-1 Permitted Land Uses
42
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SC
G
CB
D
R
D
MM
-1
-2
Locksmiths and
Gunsmiths
1
2
1
1
1
1
2
1
Lumber Yards
2
1
1
1
1
Massage Therapy/Spa
(*)
1
1
1
1
1
1
1
1
1
Motels and Hotels
2
1
1
1
1
1
Mobile Vendor
See YMC Ch. 5.57
Night Clubs/Dance
Establishments
2
1
1
1
1
1
Nursery (*)
2
1
1
1
1
1
1
1
Offices and Clinics
3
1
1
1
1
1
1
1
1
2
Office Contractor
Building and Trade
(Plumbing, Heating,
Electrical, and Painting)
3
1
1
1
1
1
1
1
1
1
Outdoor Advertising
(Billboards)
See YMC 15.08.130
Pawn Broker
2
1
1
1
2
1
Radio/TV Studio
3
2
2
1
1
1
1
2
Recycling Drop -Off
Center (*)
1
2
2
1
1
1
1
Rental: Auto, Truck,
Trailer, Fleet Leasing
Services with Storage
3
2
1
2
1
2
2
1
2
Rental: Heavy
Equipment (except
automotive) with Storage
1
1
Rental: Heavy
Equipment (except
automotive) without
Storage
1
2
3
2
42
Table 4-1 Permitted Land Uses
43
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Repairs: Small
Appliances, TVs,
Business Machines,
Watches, etc.
1
2
1
1
1
1
2
1
1
Repairs: Reupholstery
and Furniture
1
1
1
1
1
1
1
1
Repairs: Small Engine
and Garden Equipment
2
2
2
1
1
1
2
1
Restaurant (*)
2
1
1
1
1
1
1
1
1
Seamstress, Tailor
1
1
1
1
1
1
1
1
Service Station (*)
Closed Between 10:00
p.m. and 6:00 a.m. (*)
2
1
1
1
1
1
1
1
Service Station (*) Open
Between 10:00 p.m. and
6:00 a.m. (*)
3
2
2
1
1
2
1
2
Shooting Ranges
(indoor)
3
3
3
3
1
Signs, Printed, Painted
or Carved
2
2
1
1
2
1
1
Taverns (*) and Bars
1
2
1
1
1
1
1
1
1
Technical Equipment
Sales (*)
2
1
2
1
1
1
1
1
1
1
Truck Service Stations
and Shops
3
2
1
1
Truck (Large),
Manufactured Home and
Travel Trailer Sales
1
3
1
Waste Material
Processing and Junk
Handling (*)
3
1
TRANSPORTATION
43
Table 4-1 Permitted Land Uses
44
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Bus Terminals
1
1
1
1
1
1
Bus Storage and
Maintenance Facilities
1
1
Transportation
Brokerage (*) Offices,
with Truck Parking
2
2
1
1
Contract Truck Hauling,
Rental of Trucks with
Drivers
1
1
1
Air, Rail, Truck
Terminals (for short-term
storage, office, etc.)
1
2
1
1
Railroad Switch Yards,
Maintenance and Repair
Facilities, etc.
1
1
Taxicab Terminals,
Maintenance and
Dispatching Centers,
etc.
3
3
1
Airport Landing Field
1
Airport Operations (*)
1
UTILITIES
Power Generating
Facilities
3
2
1
Utility Services
(substations, etc.)
3
3
3
3
3
3
3
3
3
1
1
WHOLESALE TRADE—STORAGE
Warehouses (*)
3
1
2
2
1
1
Wholesale Trade (*)
2
1
1
2
1
1
1
Storage Facilities, Bulk
(*)
1
2
1
1
44
Table 4-1 Permitted Land Uses
(Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord. 2011-52 § 3, 2011: Ord.
2011-12 § 2, 2011: Ord. 2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord.
2005-81 § 2, 2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord.
98-61 § 2, 1998; Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4,
1995; Ord. 93-81 § 16, 1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13, 1987; Ord.
2497 § 1 (part), 1986).
Section 3. Section 15.04.060 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and
subordinate to the principal use of a structure or site. Accessory uses are
permitted upon compliance with the terms and provisions of this title. They must
be clearly secondary to, supportive of, and compatible with the principal use(s)
and consistent with the purpose and intent of the zoning district. The land use
classification and review requirements of an accessory use shall be the same as
that of the principal use(s), unless otherwise specified.
B. On-site hazardous waste treatment and storage is permitted as an
accessory use in the SR, B-1, B-2, HB, LCC, CBD, GC, M-1 and M-2 districts,
subject to the state siting criteria in the Washington Administrative Code adopted
pursuant to the requirements of RCW Chapter 70.105.
C. Garages. Private garages are permitted as an accessory use; provided,
that in residential districts they are primarily used to store motor vehicles by the
occupants of the residence.
45
S
R
RRRBBH
-1
-2
-3
-1
-2
B
SC
C
LC
C
A
SCD
G
CB
R
D
MM
-1
-2
Storage Facilities
3
1
2
3
1
1
Commercial (*)
Residential Mini -Storage
3
3
1
2
3
1
1
(*)
* Refers to a definition in YMC Chapter 15.02.
x = Not Permitted
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
(Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord. 2011-52 § 3, 2011: Ord.
2011-12 § 2, 2011: Ord. 2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord.
2005-81 § 2, 2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord.
98-61 § 2, 1998; Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4,
1995; Ord. 93-81 § 16, 1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13, 1987; Ord.
2497 § 1 (part), 1986).
Section 3. Section 15.04.060 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and
subordinate to the principal use of a structure or site. Accessory uses are
permitted upon compliance with the terms and provisions of this title. They must
be clearly secondary to, supportive of, and compatible with the principal use(s)
and consistent with the purpose and intent of the zoning district. The land use
classification and review requirements of an accessory use shall be the same as
that of the principal use(s), unless otherwise specified.
B. On-site hazardous waste treatment and storage is permitted as an
accessory use in the SR, B-1, B-2, HB, LCC, CBD, GC, M-1 and M-2 districts,
subject to the state siting criteria in the Washington Administrative Code adopted
pursuant to the requirements of RCW Chapter 70.105.
C. Garages. Private garages are permitted as an accessory use; provided,
that in residential districts they are primarily used to store motor vehicles by the
occupants of the residence.
45
D. Pets. The keeping of pets is permitted as an accessory use; provided, that
in residential districts they are subject to the following restrictions (see definitions
of "kennel" and "animal husbandry"):
1. They are domesticated animals kept for pleasure or as a hobby rather than
utility, including, but not limited to, fish; birds; dogs, four; cats, six; hen chickens
(no roosters), fewer than five; and rabbits, fewer than five;
2. Their presence does not create undue noise or odors such as would create
a nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back
ten or more feet from any residence or property line, and five feet from other
structures including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the
backyard area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain
the animals within the backyard;
7. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not
be used for human habitation, processing, treating or packaging of agricultural
products, nor shall it be a place used by the public.
F. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use
within the residential, B-1, or B-2 zoning districts for more than two consecutive
weeks at a time.
2. Permitted. Cargo containers and/or semi -truck trailers are allowed as an
accessory use to a permitted business in the SCC, LCC, AS, GC, RD, M-1 and
M-2 zoning districts.
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not
located within a designated loading dock or loading bay shall be located no Tess
than fifty feet from any existing residential zoning district.
G. Community Gardens. Community gardens (accessory to an approved
principal use) are considered an accessory use to a principal use in all zoning
districts; provided, the garden is clearly secondary to, supportive of, and
compatible with the principal use with regard to size and use. The land use
classification and review requirements of an accessory community garden shall
follow the Type (1) review requirements of YMC 15.13, and shall otherwise
comply with all other provisions of the Yakima Municipal Code, and International
Fire and Building Codes. (Ord. 2014-030 § 3, 2014; Ord. 2011-52 § 4, 2011: Ord.
46
2010-16 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 17, 1993: Ord.
3106 § 7, 1988: Ord. 2947 § 1 (part), 1986. Formerly 15.04.050).
Section 4. Section 15.04.120 of the City of Yakima Municipal Code is
hereby amended to read as follows:
15.04.120 Home occupations.
A. Purpose. The conduct of a business within a dwelling may be permitted in
the residential districts under the provisions of this section. It is the intent of this
section to:
1. Ensure the compatibility of home occupations with other uses permitted in
the residential districts; and
2. Maintain and preserve the character of residential neighborhoods; and
3. 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 4-2 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 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 G of this section.
Table 4-2. Table of Permitted Home Occupations
47
Zoning District
SR
R-1
R-2
R-3
8-1
Accountant
1
1
1
1
Architect
1
1
1
1
47
Table 4-2. Table of Permitted Home Occupations
48
Zoning District
SR
R-1
R-2
R-3
B-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
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
2
1
1
1
Home instruction* 1-5 students
1
1
1
1
1
6-8 students
2
2
2
2
2
Home Contractor*
1
1
1
2
1
Insurance agent
1
1
1
1
48
Table 4-2. Table of Permitted Home Occupations
49
Zoning District
SR
R-1
R-2
R-3
B-1
Locksmith
1
2
2
1
1
Photographer (not including productions studio)
1
2
2
2
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 equipment
1
2
2
2
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
Wedding service
2
2
2
2
2
Unclassified home occupation
See YMC
15.04.120(F)
NOTES:
* Refers to definition in YMC Chapter 15.02
1 = Type (1) Permitted Home Occupation
49
Table 4-2. Table of Permitted Home Occupations
Zoning District
SR
R-1
R-2
R-3
B-1
2 = Type (2) Review and Approval by the Administrative Official Required
3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner
Required
x
= 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);
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;
50
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 waive part or all of the requirements for a site plan for
Class (1) home occupations.
51
G. Unclassified Home Occupation—Review 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);
13. Firearm sales and/or gunsmith.
1. 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 fail 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.
(Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord.
3019 §§ 15-17, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.090).
Section 5. Section 15.27.407 of the City of Yakima Municipal Code is
hereby amended to read as follows:
52
15.27.407 General standards.
The following regulations shall apply in all special flood hazard areas pursuant
to the IBC, ASCE-24, and HUD 24 CFR Part 3280:
A. Anchoring and Construction Techniques. All manufactured homes must
likewise be anchored to prevent flotation, collapse or lateral movement, and shall
be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top .or frame ties to
ground anchors. (For additional information please refer to guidebook, FEMA -
85) Anchoring shall meet the specifications set forth below for structures located
within one hundred feet of a floodway or the ordinary high water mark if no
floodway has been established.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or located
so as to prevent water from entering or accumulating within the components
during the conditions of flooding.
C. All new construction and any improvements or additions to existing
floodproofed structures that would extend beyond the existing floodproofing
located within one hundred feet of the floodway or one hundred feet of the
ordinary high water mark if no floodway has been established shall be elevated
to a height equal to or greater than the base flood, using zero -rise methods such
as piers, posts, columns, or other methodology, unless it can be demonstrated
that non -zero -rise construction methods will not impede the movement of
floodwater or displace a significant volume of water. The size and spacing of any
support devices used to achieve elevation shall be designed to penetrate bearing
soil, and be sufficiently anchored, as specified above in subsections A and B of
this section.
D. Except where otherwise authorized, all new construction and substantial
improvements to existing structures shall require certification by a registered
professional engineer, architect or surveyor that the design and construction
standards are in accordance with adopted floodproofing techniques.
E. Utilities.
a. All new and replacement water supply systems and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters; and on-site
waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
53
b. Water wells shall be located on high ground that is not in the floodway.
F. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
b. Have roadways, public utilities and other facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood
damage;
c. Have adequate drainage provided to reduce exposure to flood damage;
d. Include base flood elevation data; and
e. In the cases where base flood elevation is not available and the subdivision
is greater than five acres or fifty lots, a step -back water analysis shall be
required to generate the base flood elevation data.
G. Watercourse Alterations. The flood -carrying capacity within altered or
relocated portions of any watercourse shall be maintained. Prior to the approval
of any alteration or relocation of a watercourse in riverine situations, the
department shall notify adjacent communities, the Department of Ecology and
FEMA of the proposed development. (Ord. 2009-42 § 4, 2009: Ord. 2008-46 § 1
(part), 2008).
Section 6. Section 15.27.200 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.27.200 Definitions generally.
Definitions listed in Part Two of this chapter shall be applied to the regulation,
review, and administration of all critical areas, including flood hazard areas,
unless the definition itself identifies the term as applying to flood hazard
administration, in which case the definition only applies to that situation.
"Abutting" means bordering upon, to touch upon, or in physical contact with.
Sites are considered abutting even though the area of contact may be only a
point.
"Adjacent" means to be nearby and not necessarily abutting.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped
like an open fan or a segment of a cone, deposited by a stream at the place where
it issues from a valley upon a plain or broad valley; where a tributary stream is
near or at its junction with the main stream; or wherever a constriction in a valley
54
abruptly ceases or the gradient of the stream suddenly decreases. It is steepest
near the mouth of the valley where its apex points upstream and it slopes gently
and convexly outward with gradually decreasing gradient.
"Applicant" means a person, party, firm, corporation, or other legal entity that
proposes development, construction, or use on a parcel of property.
"Aquifer" means a saturated geologic formation, which will yield a sufficient
quantity of water to serve as a private or public water supply.
"Bank" means the land surface above the ordinary high water mark that abuts
a body of water and contains it to the bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed
and the estimated water surface elevation required to completely fill the channel
to a point above which water would enter the floodplain or intersect a terrace or
hillslope. In cases where multiple channels exist, the bankfull depth is the
average depth of all channels along the cross-section.
"Base flood," for purposes of administering Part Four, means the flood having
a one percent chance of being equaled or exceeded in any given year. (See IBC
Section 1612.2.)
"Base flood elevation," for purposes of administering Part Four, means the
elevation of the base flood, including wave height, relative to the National
Geodetic Vertical Datum, North American Vertical Datum, or other datum
specified on the Flood Insurance Rate Map. (See IBC Section 1612.2.)
"Basement," for purposes of administering Part Four, means any area of the
building having its floor subgrade (below ground level) on all sides. (See IBC
Section 1612.2.)
"Bed" means the land below the ordinary high water lines of state waters. This
definition shall not include irrigation ditches, canals, stormwater run-off devices,
or other artificial watercourses except where they exist in a natural watercourse
that may have been altered by unnatural means.
"Bedrock" means the solid rock underlying unconsolidated surface materials.
"Berm" means a mound or wall of earth material used as a protective barrier or
to control the direction of water flow.
"Best management practices" or "BMPs" means schedules of activities,
practices, maintenance procedures, and structural and/or managerial practices
that, when used singly or in a combination, prevent or reduce adverse impacts to
the environment.
"Bioengineering" means project designs or construction methods, which use
live woody vegetation or a combination of live woody vegetation and specially
developed natural or synthetic materials to establish a complex root grid within
the existing bank which is resistant to erosion, provides bank stability, and
maintains a healthy riparian environment with habitat features important to fish
55
life. Use of wood structures or limited use of clean angular rock may be allowable
to provide stability for the establishment of vegetation.
"Breakwater" means a fixed or floating off-shore structure that protects the
shore from the forces of waves or currents.
"Bulkhead" means a vertical or nearly vertical erosion protection structure
placed parallel to the shore consisting of concrete, timber, steel, rock, or other
permanent material not readily subject to erosion.
"Building official" means the manager of the code administration and planning
division or a designee.
"Channel" means an open conduit, either naturally or artificially created, which
periodically or continuously contains moving water, or which forms a connecting
link between two bodies of water.
"Classification" means value and hazard categories to which critical areas and
natural resource lands will be assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other
vegetative matter from a parcel of land.
"Compaction" means compressing soil or other material through some
mechanical means to make it denser.
"Construction" means the assembly, placement, or installation of structures,
roadways, transmission lines, and other improvements within a parcel of land.
"Construction materials," for the purpose of Part Four, means all new
construction and substantial improvements shall be constructed with material and
utility equipment resistant to flood damage. See Technical Bulletin 2-93 for
qualifying materials. (FEMA Section 60.3(a)(3)(ii))
"Construction methods," for the purpose of Part Four, means all new
construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
"Critical aquifer recharge area" means an area with a critical recharging effect
on an aquifer(s) used for potable water or areas where a drinking water aquifer
is vulnerable to contamination that would affect the potability of the water.
"Designated" means formal legislative action to identify and describe a critical
area
"Department" means the city of Yakima department of community and
economic development.
"Development" means the division of land into lots or parcels in accordance
with the city's subdivision ordinance (YMC Title 14), and any clearing, excavation,
dredging, drilling, filling, dumping, removal of earth and mineral materials, or
other permanent or temporary modification of a parcel of land up to, but not
including, "construction" as defined in this chapter. For the purpose of YMC
15.27.400 through 15.27.436, "development" also means any manmade change
to improved or unimproved real estate located within a special flood hazard area,
56
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling, temporary or permanent storage of
equipment or material and "works" as defined in this chapter. (See IBC Section
G 201.2)
"Dike" means an embankment to prevent flooding by a stream or other water
body. A dike is also referred to as a levee.
"Dock" means a structure built over or floating upon the water and used as a
landing place for boats and other marine transport, fishing, swimming, and other
recreational uses.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for
the purpose of increasing the depth of surface water or obtaining minerals,
construction aggregate, or landfill materials. This definition does not include
excavation for mining within a pond created by a mining operation approved
under this chapter or under a local zoning ordinance, or a mining operation in
existence before zoning, shorelines, or critical areas permits were required for
such operations.
"Earth material" means any rock, natural soil, organic material or combination
thereof.
"Enhance" means to strengthen any of the basic functional properties listed in
YMC 15.27.504 that exist but do not perform at optimum efficiency. "Optimum"
refers to the most favorable or best performance of each function achievable for
a specific segment of stream corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation
with no groundwater association, usually thirty days or less per year. The lack of
any groundwater association results in a lack of distinctive riparian vegetation
compared to the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the
movement of wind, water, or ice.
"Excavation" means the mechanical removal of earth material.
"Fill" means the addition of any material, such as (by way of illustration) earth,
clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of
any kind, which is placed, stored or dumped upon the surface of the ground
resulting in an increase in the natural surface elevation. The physical structure of
a shore stabilization structure shall not be considered fill. However, fill placed
behind the structure is considered fill. Stream bed manipulation for irrigation
diversions shall not be considered fill.
"Flood" means a general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
of runoff of surface waters from any source.
"Flood hazard permit" means written approval applied for and obtained in
accordance with such rules and regulations as are established under this chapter.
57
"Flood insurance rate map (FIRM)" means the official map on which the
Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal
Emergency Management Agency that includes flood profiles, the flood boundary-
floodway map, and the water surface elevation of the base flood.
"Floodplain" means a land area adjoining a river, stream, watercourse or lake
which has been determined likely to flood. The extent of the floodplain may vary
with the frequency of flooding being considered as per FEMA FIRM maps.
"Floodplain" is synonymous with the one -hundred -year floodplain and means that
land area is susceptible to inundation with a one percent chance of being equaled
or exceeded in any given year.
"Flood -prone" means a land area for which a floodway and floodplain has not
been determined with respect to any specific flood frequency, but for which the
potential for flooding can be identified by information observable in the field, such
as soils or geological evidence, or by materials such as flood studies, topographic
surveys, photographic evidence or other data.
"Floodproofing," for purposes of administering Part Four, means any
combination of structural and nonstructural changes or adjustments to structures,
which reduce or lessen flood damages to lands, water or wastewater treatment
facilities, structures and contents of buildings.
"Floodway" means the regular channel of a river, stream, or other watercourse,
plus the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one
foot.
"Floodway fringe," for purposes of administering Part Four, means that portion
of a floodplain which is inundated by floodwaters but is not within a defined
floodway. Floodway fringes serve as temporary storage for floodwaters.
"Grade" means the vertical location of the ground surface.
"Grade, existing" is the current grade in either its undisturbed, natural condition
or as disturbed by some previous modification.
"Grade, finish" is the final grade of the site which conforms to an approved plan.
"Grade, natural" is the grade as it exists or may have existed in its original
undisturbed condition.
"Grade, rough" is a stage where grade conforms approximately to an approved
plan.
"Grading" means any excavation, filling, or combination thereof.
"Groundwater" means water that occurs beneath the land surface, also called
subsurface water or subterranean water. Groundwater includes water in the zone
of saturation of a water -bearing formation.
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"Hydrologically related critical areas (HRCA)" include all those areas identified
in YMC 15.27.502, which are important and deserving of protection by nature of
their value for the functional properties found in YMC 15.27.504.
"Hyporheic" means a groundwater area adjacent to and below channels where
water is exchanged with channel water and water movement is mainly in the
downstream direction.
"Intermittent stream" means a stream which flows only during certain times of
the year, with inputs from precipitation and groundwater, but usually more than
thirty days per year. Groundwater association generally produces an identifiable
riparian area. This definition does not include streams that are intermittent
because of irrigation diversion or other manmade diversions of the water.
"Lake" or "pond" means an inland body of standing water. The term can include
the reservoir or expanded part of a river behind a dam.
"Lowest floor," for purposes of administering Part Four, means the lowest floor
of the lowest enclosed area (including basement). An unfinished or flood-resistant
enclosure, usable solely for parking of vehicles, building access or storage, in an
area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
"Manufactured home" means a structure fabricated on a permanent chassis
that is transportable in one or more sections; is designed to be used with or
without a permanent foundation when connected to the required facilities and is
used for human occupancy as a residential dwelling. The term "manufactured
home" shall include "mobile home" for regulatory purposes under this chapter.
The term shall not include "recreation vehicle," "commercial coach," "camping
vehicle," "travel trailer," "park trailer," "tip-out," and any other similar vehicle,
which is not intended, designed, constructed, or used as a single -family dwelling.
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home Tots for rent or sale
pursuant to this title.
"Manufactured home park or subdivision, existing" means a manufactured
home park or subdivision that was completed before December 15, 1981, the
effective date of the floodplain management regulations.
"Minerals" mean gravel, sand, and metallic and nonmetallic substances of
commercial value.
"Mining" means the removal of naturally occurring minerals and materials from
the earth for commercial value. Mining includes processing and batching. Mining
does not include Targe excavations for structures, foundations, parking areas, etc.
(See YMC 15.27.518.)
"Minor revision" includes minor changes in facility orientation or location, minor
changes in structural design that do not change the height or increase ground
59
floor area, and minor accessory structures (such as equipment covers or small
sheds near the main structure, etc.).
"Native" means indigenous to or originating naturally within the city of Yakima
and surrounding areas.
"Natural conditions" mean those conditions which arise from or are found in
nature and not modified by human intervention.
"New construction," for purposes of administering Part Four of this chapter,
means structures for which the "start of construction" commenced on or after the
effective date of this ordinance.
"Nonconforming structure," for purposes of administering Part Four of this
chapter, means a structure which was lawful prior to the adoption or amendment
of this chapter, but which fails by reason of such adoption or amendment to
conform to the present requirements of the zoning district in which it is located.
In addition, the structure may not be permitted as a new structure under the terms
of this chapter because the structure may not be in conformance with the
applicable elevation and/or floodproofing requirements.
"Nonconforming use," for purposes of administering Part Four of this chapter,
means a use of land or structure which was lawfully established and maintained
prior to the adoption or amendment of this chapter, but does not conform to this
chapter for the zoning district in which it is located. In addition, the use may not
be permitted as a new use under the terms of this chapter because the use may
not be in conformance with the applicable elevation and/or floodproofing
requirements.
"Normal appurtenances" include: garages, decks, driveways, utilities, fences,
and grading, which do not exceed two hundred fifty cubic yards.
"Normal repair" means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration,
location and external appearance, within a reasonable period after decay or
partial destruction.
"Ordinary high water mark" means a mark on lakes and streams which can be
found by examining the bed and banks and ascertaining where the presence and
action of waters are common and usual, and so long continued in ordinary years
as to create a character mark upon the soil distinct from that of the abutting
upland.
"Perennial stream" means a stream that flows year-round in normal water
years.
"Project site" means that portion of any lot, parcel, tract, or combination thereof
which encompasses all phases of the total development proposal.
"Qualified professional" means a person with experience, training, expertise,
and related work experience appropriate for the relevant critical area subject in
accordance with WAC 365-195-905(4). The professional shall provide their
60
qualifications to the administrative official to ensure the professional has the
acceptable level of qualifications and experience for the relevant critical area they
will be working in.
"Recreation vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily for temporary living quarters used during recreational,
camping, travel, or seasonal conditions.
"Restore" means to re-establish the basic functional properties listed in YMC
15.27.504 that have been lost or destroyed through natural events or human
activity with measures such as revegetation and removal or treatment of toxic
materials.
"Restoration" does not imply a requirement for returning the site to aboriginal
or pre -European settlement conditions; but rather the return of a critical area with
vegetation and addressing of any toxic materials from the date of the permit.
"Revetment" means a facing placed on a bank or bluff to protect a slope,
embankment, or shore structure against erosion by wave action or currents.
"Riparian vegetation" means the terrestrial vegetation that grows beside rivers,
streams, and other freshwater bodies and that depends on these water sources
for soil moisture greater than would otherwise be available from local
precipitation.
"Riprap" means a layer, facing, or protective mound of rubble or stones
randomly placed to prevent erosion, scour, or sloughing of a structure or
embankment; also the stone used for this purpose.
"Scour" means the removal of underwater material by waves and currents,
especially at the base or toe of a shore stabilization structure.
"Shoreline," as used in this chapter, means those water areas, the associated
features, and the land areas that are subject to the State Shoreline Management
Act, as defined in RCW 90.58.030 and the city of Yakima's current shoreline
master program (definitions).
"Shore stabilization" means the construction or modification of bulkheads,
retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other
structures along the shore, for the purpose of controlling stream undercutting,
stream erosion or lake shore erosion.
"Single-family residence" means a detached dwelling designed for and
occupied by one family, including those structures and developments which are
a normal appurtenance.
61
"Slope" means an inclined ground surface the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
"Solid waste" means all putrescible and nonputrescible solid and semisolid
wastes including, but not limited to, garbage, rubbish, wood waste, ashes,
industrial wastes, swill, demolition and construction wastes, abandoned vehicles
or parts thereof, and discarded commodities.
"Special flood hazard area" means the land in the floodplain identified by the
Federal Emergency Management Agency that is subject to a one percent or
greater chance of flooding in any given year, commonly known as the one-
hundred-year floodplain.
"Start of construction," for purposes of administering Part Four includes
substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of pipes, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways' nor does it include the
excavation for a basement, footings, piers or foundations or the erection of
temporary accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor,
or structural part of a building, whether or not that alteration affects the external
dimensions of the building.
"Stream" means water contained within a channel either perennial, intermittent,
or ephemeral. Streams include both natural watercourses and those modified by
man (example: stream flow manipulation, channelization, and relocation of the
channel). They do not include irrigation ditches, wasteways, drains, outfalls,
operational spillways, canals, stormwater runoff facilities, or other artificial
watercourses except those that are located within existing wetland or streams.
"Stream corridor," as used in this chapter, means features listed and described
in YMC 15.27.502.
"Structure" means anything constructed or erected, which requires location on
the ground, or attached to something having a location on the ground, but not
including fences or walls used as fences less than six feet in height, and including
gas or liquid storage tanks when located aboveground.
"Substantial Damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
62
equal or exceed 50 percent of the market value of the structure before the
damage occurred.
"Substantial improvement," for purposes of administering Part Four, means any
repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty percent of the assessed value of the structure either:
1. Before the improvement or repair is started; or
2. Before the damage occurred to a structure.
For the purposes of this definition, "substantial improvement" occurs when the
first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure. The total value of all improvements to an individual structure
undertaken subsequent to March 4, 1986, the effective date of this title, shall be
used to define "substantial improvement" for said structure. The term does not,
however, include either:
1. Any project for improvement to a structure to comply with existing state or
local health, sanitary or safety code specifications which are solely necessary to
assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic
Places or a state inventory of historic places.
Use. See "use" as defined in YMC Chapter 15.02.
"Utility equipment," for the purposes of Part Four, means all electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service facilities
shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
"Vegetative buffer" or "buffer" means an area extending landward from the
ordinary high water mark of a lake or stream and/or from the edge of a wetland
which is maintained or otherwise allowed to provide support for the performance
of the basic functional properties of a stream corridor, wetland and other
hydrologically related critical areas as set forth in YMC 15.27.504 and 15.27.603.
"Wetland" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation
and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands may include those artificial
63
wetlands intentionally created from nonwetland areas created to mitigate
conversion of wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in
Washington in a wild state, which includes, but is not limited to, any mammal,
bird, reptile, amphibian, fish, or invertebrate, at any stage of development.
"Wildlife habitat" means an area of climate, soils, vegetation, relationship to
water, location and/or other physical properties which are identified as having a
critical importance to the maintenance of wildlife species.
"Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile,
bridge, improved road, abutment, projection, excavation, channel rectification, or
improvement. (Ord. 2008-46 § 1 (part), 2008).
Section 7. Section 15.27.200 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.26.010 Interest—Land development fees.
A. Intent. It is the purpose of this chapter to consolidate land development
fees formerly charged under environmental checklists and statements, as well as
fees for street and alley vacations, shoreline permits, and pedestrian skybridges
into one chapter. Consolidation will provide easy access to related charges and
create a simplified means for future fee adjustments.
B. Land Use Application Fees.
Land Use Permit Type 2015 City Fee
Zoning Ordinance (YMC 15)
Administrative adjustments
$340.00
Cell Conditional Use
$3,500.00
Cell Major Modification
$500.00
Cell Minor Modification
$300.00
Cell Standard
500.00
Cell Variance
$1,500.00
Class 2 review
$365.00
Class 3 review
$700.00
Critical area review
$200.00
Interpretation with hearing
$435.00
64
Land Use Permit Type 2015 City Fee
Modification of approved use
$100.00
Nonconforming use/building
$280.00
Overlay districts
$340.00
Planned development
$560.00
Rezone (base rate)
$560.00
Shoreline permit
$355.00
Variance
$700.00
**Fees for zoning applications are consolidated
using the highest fee only.
Subdivision Ordinance (YMC 14)
Binding site plan, preliminary
$420.00
Final long plat, binding site plan
$270.00
Final short plat
$90.00
Long plat alteration or easement
release
$380.00
Preliminary long plat (base rate)
$380.00
Preliminary short plat
$340.00
Right-of-way vacation
$420.00
Short plat alteration or easement
release
$245.00
Short plat exemption
$145.00
State Environmental Policy Act (YMC 6.88)
SEPA checklist
$265.00
Other Applications
Appeals to city council
$340.00
Appeals to hearing examiner
$580.00
Comprehensive plan amendment
(base)
$500.00
65
Land Use Permit Type 2015 City Fee
Interpretation (Without Hearing)
$120.00
Parade and special event permit
$50.00
Traffic concurrency
$250.00
Section 10. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
Section 11. The findings within the October 19, 2011, Yakima Planning
Commission's Recommendation, regarding these proposed text amendments are
hereby adopted by the Yakima City Council as its findings in support thereof pursuant to
YMC § 15.23.030 (F), and are incorporated herein by this reference as if fully set forth
herein.
PASSED BY THE CITY COUNCIL, signed and approved this 1St day of December, 2015.
Publication Date: December 4, 2015
Effective Date: January 3, 2016
Micah Cawley, jMayor
66
'1111111 1,
nun 11,1:1141r10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: December 1, 2015
ITEM TITLE: Public hearing and ordinance to consider the Yakima Planning
Commission's recommendation concerning text amendments to the
Yakima UrbanArea Zoning Ordinance, YMC Title 15
SUBMITTED BY: Joan Davenport, AICP Community Development Director
Trevor Martin, Assistant Planner (509) 575-6161
SUMMARY EXPLANATION:
For 2015, the Yakima Planning Commission held two open record public hearings on August 12, 2015 and
August 26, 2015 for text amendments to the City of Yakima UrbanArea Zoning Ordinance. The proposed
amendments include FEMA mandated updates to the Floodplain standards, clarification of the requirements
for home occupation contractor offices, cross-reference of mobile food vendors with license requirements of
YMC Title 5, among other assorted items.
At this time, the City Council will be asked to consider the Yakima Planning Commission's recommendations
on the proposed text Amendments and determine whether the City Council will accept, deny or remand any
or all of these matters back to the Planning Commission for additional review. Should you choose to accept
their recommendations you have been provided with the draft of an ordinance which would affect these
changes.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
The Planning Commission recommends that the City Council of the City of Yakima approve the
proposed text amendments. Staff recommends acceptance of the Yakima Planning Commission's
recommendations and adoption of the Ordinances provided.
ATTACHMENTS:
Description Upload Date Type
D Proposed Ordnance .strikeout undertnne 11/20/2015 Ordnance
D Proposed Ordnance _dean version 11/20/2015 Ordnance
D Comdete Record .....2015 text amendments 11/20/2015 IBackup Materna°
AN ORDINANCE
ORDINANCE NO. 2015 -
relating to the regulation of land use and development in the City
of Yakima and amending the following sections of Title 15 of the
City of Yakima Municipal Code: 15.02.020.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and
development in the City of Yakima; and
WHEREAS, the Planning Commission has held an open record public hearing on
October 14, 2015, pursuant to notice, and has received and considered all evidence and
testimony presented; and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a open record hearing on December 1, 2015,
pursuant to notice, to consider such amendments as recommended by the Planning
Commission; and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.02.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.02.020 Definitions.
For the purpose of this title, certain abbreviations, terms, phrases, words and their
derivatives shall be construed as specified herein unless the context requires a different
meaning. Where terms are not defined, they shall have the ordinary accepted meaning
within the context with which they are used. Where an activity or land use could fall
under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate
Dictionary, with the assistance of the American Planning Association's Planner
Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted
meaning and for the definition of words not defined below. Specific examples are
included as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley 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.
1
"Accessory dwelling unit (ADU)" means a structure meeting the purpose and
requirements of YMC 15.09.045 which is attached to a single-family home, or detached
garage with living facilities for one individual or family separate from the primary single-
family.
"Accessory use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed Yakima County planning official or
the city of Yakima director of community and economic development, whichever is
appropriate, or their designee.
Adult Day Care Center. See "day care facility."
"Adult Family Home" means a regular family abode, licensed by the state, in which a
person or persons provide personal care, special care, room, and board to more than
one but not more than six adults who are not related by blood or marriage to the person
or persons providing the services (RCW 70.128.175).
"Agricultural building" means a structure designed and constructed to store farm
implements or hay, grain, poultry, livestock, fruit and other agricultural products.
Controlled atmosphere and cold storage warehouses are not agricultural buildings. An
agricultural building shall not be used for human habitation; for 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. An agricultural market may include, as
incidental and accessory to the principal use, the sale of factory -sealed or prepackaged
food products such as boxes of apples or other fruit and some limited nonfood items,
and these products shall consist of no more than forty percent of the gross floor area.
This definition does not include the sale of livestock.
"Agricultural product support" means a business that provides a product or service
intended for use in the processing, storage, preservation, or distribution of agricultural
commodities. This definition does not include agricultural processing, storage,
preservation, distribution, and related uses.
"Agricultural related industry" means specifically:
1. "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. This definition does not include processing
activities, slaughterhouses, animal reduction yards, or tallow works;
2. "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. This definition does not include slaughterhouses or rendering
plants; and
3. "Storage facilities" include those activities that involve the warehousing of
processed and/or packaged agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area used
for http://www.yakimawa.gov/the retail sale of agricultural products grown on the
premises, excluding livestock raised on the premises.
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1,
YMC 15.04.030.)
2
"Airport commercial" means the retail sale of aviation -related products and services
including aircraft service and rental, air passenger services, and air terminal activities
including passenger ticketing, baggage, taxi service, car rental, restaurants, hotels, and
gift shops.
"Airport industrial" means research, design, fabrication, and assembly of aircraft,
aircraft parts, and aviation -related products located at the Yakima Air Terminal. This use
also includes storage and wholesale trade of aviation -related products and air cargo
operations and associated storage and processing.
"Airport operations" means activities, uses, structures and facilities that are located on
and necessary to the operation of the Yakima Air Terminal. These activities and
facilities include runways, taxiways, parking ramps and aprons, navigation and
radar/radio communication facilities and equipment, safety and emergency facilities,
and storage and maintenance facilities.
"Alley" means a public thoroughfare or way twenty 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.
"Amusement park" means a permanent indoor and/or outdoor facility, which may
include structures and buildings, where there are various devices for entertainment,
including rides, booths for the conduct of games or the sale of items, and buildings for
shows and entertainment.
"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.
"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 an administrative official's or hearing
examiner's decision, determination, order or official 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 administrative official.
"Arterial" means a principal or minor arterial, as shown in the Yakima urban area
transportation 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 multistory buildings, by a common
ceiling/floor(s).
"Auction house" means a structure or enclosure where goods and/or livestock are
sold by auction.
Automobile Service Station. See "Service station."
3
"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.
"Bed and breakfast" means a residential structure providing individuals with lodging
and meals for not more than thirty days. For home occupations, such uses are limited to
having not more than five lodging units or guest rooms.
"Beverage industries" means the production, processing, and/or packaging of milk,
soft drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "Game room."
"Boardinghouse" means an establishment providing both lodging and meals for not
more than ten persons residing in the facility on a permanent or semi-permanent basis.
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.
"Building code" means the building code and related codes as amended and adopted
by Yakima County/city of Yakima.
"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:
1. The elevation of the highest adjoining sidewalk or finished ground surface within
a five-foot horizontal distance of the exterior wall of the building when such sidewalk or
finished ground surface is not more than ten feet above lowest finished grade;
2. An elevation ten feet higher than the lowest finished grade when the highest
sidewalk or finished ground surface described in subsection 1 of this definition is more
than ten feet above lowest finished grade. (See Figure 2-1.)
The height of a stepped or terraced building is the maximum height of any segment of
the building.
Determination of Building Height in Feet
Figure 2-1
4
"Building 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.
"Business school" means a commercial or public school providing instruction solely in
professional skills such as: business management, accounting, secretarial skills, sales,
marketing and merchandising.
"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.
"Campground" means a development providing facilities for outdoor recreational
activities, including structural improvements such as covered cooking areas, group
facilities, and travel trailer or tent sites designed for temporary occupancy. This
definition includes camping clubs when developed in accordance with applicable state
standards.
"Car wash" means a business engaged in washing, waxing and/or polishing cars and
small trucks. This definition includes self-service car washes, automated car washes,
manned car washes and auto detailing.
Card Room. See "Game room."
"Caretaker dwelling" means a single -family dwelling unit accessory to an agricultural,
professional, commercial, or industrial use for occupancy by the owner/caretaker.
"Center line of right-of-way" means the midpoint between the future alignment of the
opposite edges of the right-of-way.
"Certificate of zoning review" means that certificate issued by the appropriate
administrative official stating that the proposed use of the structure or land conforms to
the provisions of this title.
"Change of use" means a change from one use listed in Table 4-1, Table of Permitted
Land Uses, to another use listed in that table.
"Chicken tractor" means a movable chicken coop lacking a floor, and may house
other kinds of poultry.
"Children's Outdoor Recreation Center" means an outdoor facility which offers
children's rides and/or games such as go-carts, bumper boats, batting cages, miniature
golf and/or similar activities for children and which does not operate between the hours
of 11:00 p.m. and 8:00 a.m.
"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 YMC
Chapter 15.04 and are considered compatible and are permitted on any site in the
district. The administrative official shall review Class (1) uses for compliance with the
provisions and standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally permitted throughout the district. However, site plan
review by the administrative official is required in order to ensure compatibility with the
intent and character of the district and the objectives of the Yakima urban area
comprehensive plan.
5
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally incompatible with adjacent and abutting property
because of their size, emissions, traffic generation, neighborhood character or for other
reasons. However, they may be compatible with other uses in the district if they are
properly sited and designed. Class (3) may be permitted by the hearing examiner when
he determines, after holding a public hearing, that the use complies with provisions and
standards; and that difficulties related to the compatibility, the provisions of public
services, and the Yakima urban area comprehensive plan policies have been
adequately resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved upon
completion of Type (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 that has been
or would be classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a
particular district, even though the use has not been through Type (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 YMC Chapter
15.17.
"Clean and sober facility" means a commercial business providing a dwelling or
building for occupation by rehabilitated alcohol and/or drug users, during their re-entry
into the community. The clean and sober facility provides residentially oriented facilities
for the rehabilitation or social adjustment of persons who may need supervision or
assistance in becoming socially reoriented, but who do not need institutional care. (Also
see "Halfway house.")
"Clinic" means a structure for the medical examination and treatment of human
patients, but without provision for keeping such patients overnight on the premises.
"Closed record appeal" means an administrative appeal, held under RCW 36.70B,
that is on the record to a county/city body or officer (including the legislative body)
following an open record hearing on a project permit application with no or limited new
evidence or information allowed to be submitted and only appeal arguments allowed.
"Coffee/espresso drive-through facility" is a place used to sell coffee and associated
items from a drive -up window to a person driving a vehicle.
"Coffee/espresso stand" is a place used to sell coffee and associated items from a
bar or counter area commonly inside a building and/or structure.
"Commercial services" means technical services and specialized care services such
as lawn and garden care and delivery services, except as otherwise regulated.
"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 the principal use of the facility is for public assistance,
community improvement, or public assembly.
"Community garden" means:
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1. Privately or publicly owned land that is used by multiple users who may or may
not have ownership of the property;
2. May be divided into separate plots, for the cultivation of fruits, vegetables, plants,
flowers, or herbs;
3. Common areas associated with the garden are maintained by group members;
4. The produce or goods grown on site are not for commercial sale;
5. A community garden is different than a "collective garden" that is used for the
growing of marijuana plants; and no marijuana shall be grown on a community garden
plot;
6. A community garden is separate from the use of "agriculture" as defined and
regulated under YMC Chapter 15.02 and YMC 15.04.030, Table 4-1, and is different
than a privately maintained garden that is associated with a principal use and regulated
in accordance with YMC 15.04.060(A); and
7. Structures and buildings associated with a community garden are considered
"accessory uses" to a principal use, and shall comply with the provisions of YMC Title
15, and the International Fire and Building Codes.
Community Water System. See "Water system, public."
"Compatibility" means the characteristics of different uses or developments that
permit them to be located near each other in harmony with or without special mitigation
measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and any
supplemental plans officially adopted under RCW Chapter 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 approval" means restrictions or requirements imposed by an
administrative official pursuant to authority granted by this title.
Consulting Services. See "Professional business."
"Convalescent or nursing home" means an establishment providing nursing, dietary
and other personal services to convalescents, invalids, or aged persons, but not mental
cases or cases for contagious or communicable diseases which are customarily treated
in sanitariums and hospitals.
"Converted dwelling" means a structure which, due to interior alterations, has been
modified to increase the number of individual dwelling units. This definition does not
apply to multifamily structures constructed under the provisions of this title.
"Cosmetic services" means tattooing, body piercing, and similar services.
"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173-303-070
through 173-303-103 as dangerous or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention, supervision
and oversight serving thirteen or more children regardless of whether such services are
7
provided for compensation, governed by Washington State DSHS licensing provisions
for said day care use and conducted in accordance with state DSHS requirements.
"Day care facility" means a building or structure in which an agency, person or
persons regularly provide care for a group of nonrelated individuals (children or adults)
for periods of less than twenty-four hours a day. This includes family day care homes
and day care centers.
"Day care home, family" means a family day care home located in a private home that
supplies care, attention, supervision, and oversight for one to twelve children, governed
by Washington State DSHS licensing provisions for said day care use and conducted in
accordance with said state DSHS requirements.
"Delicatessen and other specialty food stores" means retail food stores selling ready -
to -eat food products such as cooked meats, prepared salads or other specialty food
items. This definition includes seafood, health food and other specialty food stores
having seating for no more than five persons.
"Department" means either the Yakima County planning division or the city of Yakima
department of community and economic development.
"Desktop publishing" means activity related to the use of computers in order to
produce documents for personal use or for other uses.
"Development" means "use" as defined by this title.
"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 building/construction permit shall serve as the other 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 districts, the coordinated
development of a single lot with a number of residential structures and/or dwelling types
which are designed to:
1. Maintain the character of the residential neighborhood;
2. Provide compatibility between various types of dwelling units, off-street parking
and other uses within the site; and
3. 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 multifamily residential and 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.
"Domestic farm animal—Pet" means four or fewer hen chickens (no roosters) or
rabbits that are kept for pleasure or as a hobby rather than utility. Domestic farm
8
animals that are considered pets are regulated under the provisions of YMC
15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC
15.09.070, Special requirements for animal husbandry.
"Driveway" means the private traveled access to a property 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 structures, 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:
1. Site -built: Constructed primarily at the occupancy site and permanently affixed to
the ground by a foundation.
2. Modular home: See "Modular home."
3. Manufactured home: See "Manufactured home" and "Mobile home."
"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 for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not
include recreational vehicles or mobile homes.
"Earthen material" means sand, gravel, rock, aggregate and/or soil.
"Environmental review" means the procedures and requirements established by the
State Environmental Policy Act, RCW Chapter 43.21 C, as it now exists or is hereafter
amended.
"Existing uses" means a use or development legally existing or legally established by
a jurisdiction prior to the effective date of this title that has been or would be classified
under YMC Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning
district.
"Family" means individuals, consisting of two or more persons related by blood,
marriage or adoption, or a group of not more than five persons, excluding servants, who
are not related by blood, adoption or marriage, living together as a single housekeeping
unit in a dwelling unit.
A. The term "family" shall include:
9
1. State -licensed adult family homes required to be recognized as residential uses
pursuant to RCW 70.128.175;
2. State -licensed foster family homes and group care facilities as defined in RCW
74.15.180, subject to the exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements equivalent to
a familial setting required to be accommodated as residential uses pursuant to the Fair
Housing Act and the Washington Housing Policy Act, RCW 35.63.220 and RCW
35A.63.240, respectively.
B. The term "family" shall exclude individuals residing in halfway houses, crisis
residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for
juvenile offenders, or other facilities, whether or not licensed by the state, where
individuals are incarcerated or otherwise required to reside pursuant to court order
under the supervision of paid staff and personnel.
C. Calculation of Residents. When calculating the number of unrelated persons
residing in a single-family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are
related by genetics, adoption or marriage, the total number of residents shall not exceed
five persons except as provided in subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or
marriage may rent a room to a total of two additional renters, or up to two students as a
part of a recognized foreign exchange program or similar educational, nonprofit
program, or a combination of a renter and such student to a total of two additional
persons. The additional renters and/or foreign exchange students, to a maximum of two,
shall not be considered when calculating the number of unrelated persons residing in a
dwelling unit under subsection (C)(1) of this section. Three or more renters and/or
students shall be considered as unrelated individuals and all persons residing in a
dwelling unit, regardless of whether a portion of them are related by genetics, adoption
or marriage, shall be considered when determining the total unrelated persons residing
at a site.
3. Nothing herein shall be interpreted to limit normal hosting activities associated
with residential use.
"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 administrative 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 one -hundred -year flood.
"Food preparation" means a business, service or facility dealing with the preparation
of food items for off-site consumption. This definition includes confectioneries, catering
services, and preparation of food items for wholesale.
10
"Game room" means a commercial facility, or a portion thereof, open to the general
public, in which card games, pool, electronic games, bingo, etc., are played; provided,
however, that this definition shall exclude "social card room" as defined herein. (Also
see "Meeting hall.")
"Garage, private" means a building or portion of a building designed to store motor
vehicles that are used by the occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping,
repairing, servicing, hiring, selling or storing motor -driven vehicles; but excluding private
garages.
General Retail Sales.
1. Twelve thousand square feet or less (not otherwise regulated) means the retail
sales of merchandise in a store type setting where the building/structure's gross size is
twelve thousand square feet or less.
2. Greater than twelve thousand square feet (not otherwise regulated) means the
retail sales of merchandise in a store type setting where the building/structure's gross
size is greater than twelve thousand square feet.
Land uses permitted under the above two categories include, but are not limited to:
Addressing, mailing, and stenographic services
Toy and hobby stores
Antique stores
Jewelry, watches, silverware sales and repair
Artist's supplies
Music stores/instrument sales and repair
Bakeries
Secondhand stores
Book stores
Paint, glass and wallpaper stores
Stationary and office supplies
Pet stores and supplies/grooming
Camera and photographic supplies
Printing, photo copy service
Clothing, shoes, and accessories
Sporting goods and bicycle shops
Computer and electronic stores
Video sales/rental
Collectables (cards, coins, comics, stamps, etc.)
Gift shops
Department stores
Discount store
Drug stores and pharmacies
Variety store
Fabric and sewing supplies
Specialty shops
Florist (indoor sales only)
Small appliances
Specialty food stores
TVs, business machines, etc., sales
Land uses not meeting the intent of the general retail sales and retail trade definitions,
as determined by the administrative official, may be either referred to the hearing
11
examiner for a use interpretation under Chapter 15.22 or use classification under YMC
15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined lines of
gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations,
curios, crafts, and miscellaneous small art goods.
"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 YMC 15.06.040.
"Group home" means a place for handicapped, physically or developmentally
disabled adults, or dependent or predelinquent children, providing special care in a
homelike environment. This definition includes homes of this nature for six or fewer
persons, excluding house parents, which are protected by state or federal law as
residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that
provide:
1. State-licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional
institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can
be placed in lieu of incarceration for detoxification and treatment from effects of alcohol
and drugs. (See "Clean and sober facility.")
"Hazardous materials" means any item listed as hazardous by a federal agency or
State Department of Ecology or the Yakima regional clean air authority. (See YMC
15.13.020(D).)
"Hazardous waste" means and includes all dangerous and extremely hazardous
wastes as defined in RCW 70.105.010.
"Hazardous waste facility, off-site" means hazardous waste treatment and storage
facilities that treat and store waste from generators on properties other than those on
which the off-site facilities are located.
"Hazardous waste facility, on-site" means hazardous waste treatment and storage
facilities which treat and store wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process
produces dangerous waste or whose act first causes dangerous waste to become
subject to regulations under the dangerous waste regulations, WAC Chapter 173-303.
"Hazardous waste storage" means the holding of dangerous waste for a temporary
period. Accumulation of dangerous waste by the generator at the generation site is not
storage as long as the generator complies with the applicable requirements of WAC
173-303-200 and 173-303-201.
"Hazardous waste treatment" means the physical, chemical, or biological processing
of dangerous waste to make such waste nondangerous or less dangerous, safer for
transport, amenable for energy or material resource recovery, amenable for storage, or
reduced in value.
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"Hearing examiner" means that person appointed by the Yakima city council and
board of county commissioners.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession or
sport as a home occupation, except when otherwise prohibited. (See YMC Chapter
15.04, Table 4-2.)
"Home occupation" means the accessory use of a dwelling unit for gainful
employment involving the manufacture, provision or sale of goods and/or services in the
home.
"Home occupation, business administration" means the accessory use of a dwelling
as an administrative office for an occupation conductcd away from the home a licensed
commercial business located in an approved commercial zoning district, or a home
based internet business that does not involve the resale of commercial goods. The
home is used for phone calls, mail, and 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.
"Home occupation, home contractor" means the accessory use of a dwelling as, but
not limited to, lawn care and/or snow removal services, building, electrical and
plumbing, contractors offices for small businesses.
"Homeowners' association" means a community association, other than a
condominium association, in which individual owners share ownership or maintenance
responsibilities for open space or facilities.
"Hospital" means an institution providing clinical, temporary, and emergency services
of a medical or surgical nature to human patients which is licensed by state law to
provide facilities and services for surgery, obstetrics, and general medical practice as
distinguished from clinical treatment of mental and nervous disorders.
"Hulk hauler" means any person who deals in vehicles for the sole purpose of
transporting and/or selling them to a licensed motor vehicle wrecker or scrap processor
in substantially the same form in which they are obtained. A hulk hauler may not sell
secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or
scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2),
as now or hereafter amended, which may be sold to a licensed vehicle wrecker or
disposed of at a public facility for waste disposal. (RCW 46.79.010)
"Impervious surface" means any material reducing or preventing absorption of
stormwater 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.
"Kennel" means a building, enclosure or portion of any premises in or at which dogs,
cats or other domesticated animals are boarded or kept for hire; or in or at which dogs,
cats or other domesticated animals are kept or maintained by any person other than the
13
owner; or in or at which six or more cats or four or more dogs over the age of four
months are kept or maintained. This definition shall include boarding kennels, but not
pet shops, animal hospitals or zoos.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Landscaping" means the arrangement and planting of trees, grass, shrubs and
flowers, and the placement of fountains, patios, street furniture and ornamental concrete
or stonework and artificial turf.
"Legislative body" means the board of Yakima County commissioners or the Yakima
city council, whichever is appropriate.
"Loading space" means an off-street space on the same lot with a structure or use, or
contiguous to a group of structures or uses, for the temporary parking of a vehicle while
loading or unloading persons, merchandise, or materials, and which abuts a street, alley
or other appropriate means of access and egress.
"Lot" means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially recorded in
the Yakima County auditor's office; or
2. A legally recognized prior division or parcel under the provisions of Yakima
County's subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision
ordinance (YMC Title 14).
"Lot area" means the total horizontal area within the boundary lines of the gross lot.
"Lot, corner" means a lot abutting two or more streets at their intersection, or upon
two parts of the same street forming an interior angle of less than one hundred thirty-
five degrees. (See Figure 2-2.)
Figure 2-2
"Lot coverage" means that portion of the lot that is covered by structures and other
impervious surfaces.
14
"Lot depth" means the horizontal length of a straight line drawn from the midpoint of
the front lot line to the midpoint of the rear lot line. (See Figure 2-3.)
Figure 2-3
"Lot, flag" means a lot only a narrow portion of which fronts on a public/private road
and where access to the public/private road is across that narrow portion. (See Figure
2-2.)
"Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.)
"Lot line, front" means, in the case of an interior lot, the property line separating the lot
from the road or street, other than an alley. For the purpose of establishing the front lot
line for a corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the
narrowest street frontage, except that the building official, or his designee, shall
designate the front lot line for corner lots in residential districts.
2. For a flag lot, when the access easement or right-of-way extends across the lot,
the front lot line shall be the line separating the lot from the right-of-way or access
easement. When the right-of-way or access easement does not extend across the
property, the front lot line shall be determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property line
separating a zero lot line from: (a) another zero lot line or (b) adjoining common open
space. (See Figure 2-4.)
"Lot line, rear" means the property line which is opposite and most distant from the
front lot line. For the purpose of establishing the rear lot line of a triangular or
trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the
following shall apply:
1. For a triangular or gore -shaped lot, a line ten feet in length within the lot and
farthest removed from the front lot line, and at right angles to the line comprising the
depth of such lot, shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot
line, the rear lot line shall be deemed to be a line at right angles to the line comprising
the depth of such lot and drawn through a point bisecting the required rear lot line.
15
3. In the case of a pentagonal lot, the rear boundary of which includes an angle
formed by two lines, such angle shall be employed for determining the rear lot line in the
same manner as prescribed for a triangular lot.
"Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure 2-2.)
"Lot width" means the horizontal distance between the side lot lines, measured at
right angles to the line comprising the depth of the lot at a point midway between the
front and rear lot lines. (See Figure 2-3.)
"Low impact development" means stormwater management and land development
strategies that emphasize conservation and use of existing natural site features
integrated with disturbed, small-scale stormwater controls to more closely mimic natural
hydrologic patterns in residential, commercial, and industrial settings. Low impact
development addresses stormwater management and land development that is applied
at the parcel and subdivisions scale that emphasize conservation and use of on-site
natural features.
"Manufactured home" means a dwelling on one or more chassis for towing to the
point of use which bears an insignia issued by a state or federal regulatory agency
indicating that the structure complies with all applicable construction standards of the
U.S. Department of Housing and Urban Development definition of a manufactured
home and was built after June 15, 1976. Manufactured homes are further classified as
follows:
1. "Multi-wide," has a minimum width of not less than seventeen feet as measured
at all points perpendicular to the length of the manufactured home;
2. "Single-wide," has a minimum width less than seventeen feet as measured at any
point perpendicular to the length of the manufactured home.
"Manufactured structure" means a building manufactured with the intent of being
transported to a fixed site and constructed in accordance with the building codes as
adopted by the city/county.
"Massage therapy/spa" means a scientific or skillful manipulation of soft tissue for
therapeutic or remedial purposes, specifically for improving muscle tone and circulation
and promoting health and physical well-being. The term includes, but is not limited to,
manual and mechanical procedures for the purpose of treating soft tissue only, the use
of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders,
herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot
or cold packs or other similar procedures or preparations commonly used in this
practice. This term specifically excludes manipulation of the spine or articulations and
excludes sexual contact.
"Master planned development" means any development within the Yakima urban
growth area approved under YMC Chapter 15.28 (i.e., planned residential development,
planned commercial development, planned industrial development, and planned mixed-
use development).
"Meeting hall" means a private or quasi-private facility in which defined groups or
organizations come together for meetings and social events. Includes private bridge
club-type card rooms, grange halls, etc.
16
"Mining" means all or any part of the process involved in quarrying, mineral extraction,
crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature,
but does not include petroleum or natural gas exploration or production.
"Mixed-use building" means a building in a commercial district or planned
development used partly for residential use and partly for a community facility or
commercial use.
"Mixed-use development" means use of the land or structure for two or more different
uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point of use
which does not meet applicable HUD manufactured housing standards of June 15,
1976. This definition does not include modular homes, manufactured homes,
commercial coaches, recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for the
placement of two or more mobile or manufactured homes used as dwellings. This
definition shall not apply to the placement of a temporary hardship unit (see YMC
15.04.140) on the same parcel with another home.
"Mobile home park expansion" means the preparation of additional sites for mobile or
manufactured homes (including the installation of utilities, final site grading, the pouring
of concrete pads, and the construction of streets).
"Mobile vendor" means a vendor or seller of merchandise or food from a motorized
vehicle or other motorized conveyance upon the public streets, alleys, public property of
the city, or upon private property. See YMC Ch. 5.57
"Modification (of use or development)" means any change or alteration in the
occupancy, arrangement, placement or construction of any existing use, structure, or
associated site improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements of the
International Building Code and is constructed in a factory and transported to the
building site. Modular homes are not subject to special review; they are subject to the
same review standards as a site-built home.
"Multiple -building complex" means a group of structures housing separate businesses
sharing the same lot, access and/or parking facilities.
"Multiple-occupancy building" means a single structure housing more than one retail
business, office, or commercial venture.
"Net residential acre" means forty-three thousand five hundred sixty square feet
minus the area in private and public streets, rights-of-way, and access easements. (See
YMC 15.05.030(B) to calculate the maximum number of dwelling units permitted on a
site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to
adoption or amendment of this title, but which fails to conform to the present
requirements of the zoning district in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the adoption or
amendment of this title that fails, by reason of such adoption or amendment, to conform
to the present requirements of the zoning district where it is located.
"Nonconforming use" means a use of land or structure lawfully established and
maintained, but which does not conform to this title for the district where it is located.
17
"Nuisance" means any use, activity or structure that interferes with the enjoyment and
use of one's property by endangering personal health or safety, offending the human
senses, and/or failing to conform with the provisions, intent, or standards of the district
where the use, activity or structure occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or
ornamental plants and related products. Nurseries are further classified as follows:
1. "Retail nursery" means a nursery which offers products to the general public
including plant materials, planter boxes, fertilizer, sprays, garden tools, and related
items;
2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail
nursery or other business; and
3. "Greenhouse" means a nursery facility constructed with transparent or
translucent materials for indoor propagation of plants. This definition does not include
private greenhouses with no commercial sales.
"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 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.
"Park" means a public or privately owned area with facilities for active or passive
recreation by the public.
"Parking angle" means the angle formed by a parking stall and the edge of a parking
bay, wall or driveway of the parking facility, ranging from zero to ninety degrees.
"Parking bay" means the section of a parking facility containing a driveway and
containing one or two rows of parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor
vehicles.
"Parking space" means an off-street area that is paved, drained, maintained and used
for the temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be parked; a
parking space.
"Party of record" means the applicant and any other person who has submitted
written comment on any action or proposed action, or who has appeared at a public
hearing or public meeting and signed an official register requesting notice of further
action.
"Permit" means written governmental approval issued by an authorized official,
empowering the holder thereof to take some action permitted only upon issuance of
written approval.
"Personal services" means a business providing specialized services such as interior
home or business design and shopping services, except as otherwise regulated.
18
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility
including but not limited to: fish, dogs fewer than four, cats fewer than six, hen chickens
(no roosters) fewer than five, and rabbits fewer than five.
"Pet day care" means a building or structure in which an agency, person or persons
regularly provide care for pets, but not including overnight stays. Uses not meeting this
definition shall be considered kennels.
"Planning commission" means the duly constituted planning commission for the city of
Yakima.
"Planning division" means the Yakima County planning division or the department of
community and economic development of the city of Yakima, whichever is appropriate.
"Preliminary approval" means the contingent approval by the administrative official
using an appropriate Type (2) or (3) review process prior to final approval.
Preschool. See "Day care center."
"Private 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.
"Product assemblage" means a business or service involved in assembling products
for off-site sales.
"Professional business" means a business primarily engaged in administrative or
service-related functions and dependent upon professional staff such as lawyers,
doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or
providing administrative governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency or
owned and operated by a private entity for the purpose of providing essential public
services to the public including, but not limited to: water, irrigation, wastewater, garbage,
sanitary, transit, police, fire, ambulance, parks and recreation facilities, and street
maintenance. The facility should be located to efficiently serve the people benefiting
from the service.
"Public hearing" means a meeting open to the public that is announced and
advertised in advance at which the public is given an opportunity to participate.
Public Water System. See "Water system, public."
"Recreational screen" means a protective device for recreational purposes designed
to keep recreational equipment within or outside of a designated area. Such uses are
typically associated with schools, parks, golf courses, swimming pools, ball fields, and
playgrounds.
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and
manufactured for recreational use, including, but not limited to: boats, travel trailers,
snowmobiles, go-carts, motorcycles and dune buggies.
"Recycling drop-off center" means a commercial facility where products such as
aluminum, tin cans, glass, plastic, paper, and other similar products are deposited,
sorted and transferred to a recycling processing center for reprocessing.
"Recycling processing center" means a facility where products such as aluminum and
tin cans, glass, plastic, paper and other similar products are deposited, sorted, stored,
and reprocessed.
19
"Residential density" means the number of dwelling units per net acre of land. This
term includes dwelling unit density.
"Restaurant" means establishments serving prepared food or beverages for
consumption on or off premises. This land use includes but is not limited to: restaurants,
sandwich shops, coffee shops with or without drive-through facilities (see YMC
15.04.080 for establishments with drive-through facilities), and fast food restaurants, but
does not include bars, cocktail lounges, taverns, brewpubs as licensed by the
Washington State Liquor Control Board, catering services, or industrial scale food
production facilities.
"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.
"Retaining wall" means a wall made of wood, stone, cement, steel or other products
intended to support, retain or stabilize earthen or gravelly materials at either natural or
finished grade.
"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 official, administrative official, hearing
examiner, city of Yakima planning commission, or legislative body when engaged in any
review or approval procedure under the provisions 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 purchased by the city of
Yakima or Yakima County for existing or future public pedestrian or vehicular access.
"Road, local access" means a public road not designed as a principal arterial, minor
arterial, collector arterial or neighborhood 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.
"Road, private" means a road not designed, built, or maintained by the city, the
Washington State Department of Transportation, or any political subdivision of the state.
"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.
"School" means a structure and accessory facilities in which prescribed courses are
taught. This definition includes elementary, junior high or high schools and institutions of
higher learning, but does not include commercial schools, nursery schools,
20
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.
"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.
"Setback, front" is the minimum horizontal distance measured perpendicularly from
the centerline of the adjacent right-of-way to the nearest wall of the structure. Where
there is a partial right-of-way, the setback shall be measured perpendicularly from the
design centerline. When there is no right-of-way, the front setback shall be twenty 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, community" means small, self-contained sewage treatment facilities
built to serve developed areas generally found outside public sewer service areas.
"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.
"Sewer system, regional" means sewer service provided by a municipality or special
purpose district.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and assembly
of metal-cased, thermo-formed, wooden, stone, neon, internally lit, or electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction requirement or
site improvement that 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 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).
"Social card room" means a commercial facility, or a portion thereof, open to the
general public, in which house-banked social card games are played, as that term is
defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter),
or in which other activities occur that constitute gambling and are authorized by the
Washington State Gambling Commission under RCW 9.46.070 (or as the same may be
subsequently amended hereafter), to the extent that said activities include any gambling
activity engaging in the use of, or associated with, slot machines (whether mechanical
21
or electronic) or any gambling activity engaging in the use of, or associated with, any
other electronic mechanism including video terminals.
"Special event" means any event for which a special event permit has been issued
pursuant to Chapter 9.70 of this code.
Specialty Food Store/Food Store, Specialty. See "Delicatessen and other specialty
food stores."
"Standard, administrative adjustment of" means a change, either an increase or
decrease, in one or more of the development standards in YMC Chapters 15.05 through
15.08, in accordance with the provisions of YMC Chapter 15.10.
"Standard, general" means any standard not capable of precise numerical definition,
but which expresses the policies of the community in this title and which may be applied
by the reviewing official during a Type (1), Type (2) or Type (3) review.
"Standard, specific" means those numerical standards established in YMC Chapters
15.04, 15.05, 15.06, 15.07, 15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and
storage facilities adopted pursuant to the requirements of RCW Chapter 70.105.
"Stockpiling of earthen materials" means permanent and/or continuous use for
storage of rock, gravel, rubble, sand, or soil.
"Storage facilities, bulk" means either enclosed (see "Warehouse") or outdoor areas
designed for the storage of either large quantities of materials or materials of large size.
Includes the storage of vehicles when such storage is not incidental and subordinate to
another land use and is not vehicle parking, automotive wrecking/dismantling yards or
vehicle sales lots.
"Storage facilities, commercial" means enclosed storage areas designated 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.
"Storage, vehicle" means keeping vehicles on a given site that are not actively used
by the principal occupants of the site. This definition does not include automotive
wrecking/dismantling yards or vehicle sales lots.
"Street" means a public or private road.
"Street vendor" means a vendor selling food, nonalcoholic beverages, and/or other
goods or services within a public or private parking lot, pedestrian plaza, public street,
alley, sidewalk, public right-of-way, or public property using a nonmotorized cart or
temporary structure. See YMC Ch. 5.57
"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, or
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.
22
"Swimming pool" means a contained body of water, used for swimming or bathing
purposes, either above ground level or below ground level, with the depth of the
container being more than eighteen inches or the area being more than thirty-eight
square feet.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or
other beverages with any service of food incidental thereto.
"Technical equipment" means medical, dental, fire suppression, restaurant, etc.,
equipment.
"Towing services" means a service to haul or tow vehicles for service, repair or
temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or
more days shall be considered a vehicle storage facility. Hulk haulers are not included
under this definition.
"Transportation brokerage offices" means establishments primarily engaged in
furnishing shipping information and acting as agents in arranging transportation for
freight and cargo.
Travel Agency. See "Professional business."
"Urban growth area" means the area within the city limits of Yakima and Union Gap,
and the unincorporated portion of Yakima County within the Yakima urban growth area
boundary established by the board of Yakima County commissioners pursuant to RCW
36.70A and adopted in the Yakima urban area comprehensive plan (YUACP) as
amended. The boundary and legal description of the Yakima urban growth area is set
forth in YMC 15.01.020. The Yakima urban growth area is that area where growth is
expected to occur over the next twenty years from the adoption of the YUACP and is
the area in which urban level public services are or will be provided.
"Urban services" include, but are not limited to, public water and sewer lines,
neighborhood parks, streetlights, police and fire protection.
"Use" means the activity or purpose for which land or structures or a combination of
land and structures is designed, arranged, occupied, or maintained together with any
associated site improvements. This definition includes the construction, erection,
placement, movement or demolition of any structure or site improvement and any
physical alteration to land itself, including any grading, leveling, paving or excavation.
"Use" also means any existing or proposed configuration of land, structures, and site
improvements, and the use thereof.
Use, Class (1), (2), (3). See Class (1), (2), (3) uses.
Use, Modification of. See "Modification (of use or development)."
"Use, principal" means the primary or predominant use to which a structure, part of a
structure, or lot is or may be devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed period
of time, with the intent to discontinue such use upon the expiration of the time period.
"Utilities" are those businesses, institutions, or organizations using pipes or
conductors in, under, above, or along streets, alleys or easements to provide a product
or service to the public.
"Utility services" means facilities operated by utilities, but not including local
transmission and collection lines, pipes, and conductors. Such facilities include, but are
not limited to, electrical power substations, water reservoirs, and sewage treatment
plants.
23
"Variance" means a modification of the specific regulations of this title in accordance
with the terms of this title for the purpose of assuring that no property, because of
special circumstances applicable to it, shall be deprived of privileges commonly enjoyed
by other properties in the same vicinity and zoning district.
Veterinary Clinic. See "Animal clinic/hospital."
"Vision triangle" means a triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed to grow in such a
manner as to limit or obstruct the sight distance of motorists entering or leaving the
intersection. (See YMC 15.05.040.)
"Warehouse" means a structure used for the storage of goods and materials. See
"Agricultural building."
"Waste material processing and junk handling" means a place where waste,
discarded or salvaged metal, used plumbing fixtures, discarded furniture and household
equipment, and other materials are bought, sold, exchanged, stored or baled; and
places or yards for the storage of salvaged materials and equipment from building
demolition and salvaged structural steel materials and equipment, but excluding
establishments for the processing and sorting of garbage, or for the sale, purchase,
storage or dismantling of automotive vehicles and machinery. This definition does not
include the processing, storage or disposal of hazardous materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field which is
irrigated with wastewater or treated sewage. May include storage lagoons utilized solely
for storing wastewater before spraying, but not other wastewater treatment facilities.
Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter
70.105.
"Water system, public" means any system, excluding a system serving only one
single-family residence, providing piped water for human consumption, as defined
and/or regulated under WAC 248-54.
"Wholesale trade" means those uses primarily engaged in the sale of merchandise to
retailers and to industrial, commercial, institutional or professional business users or to
other wholesalers.
"Wineries or breweries" means a winery or brewery for processing and manufacturing
purposes only, with limited wholesale trade incidental to the primary use. Wineries and
breweries are categorized as follows:
A. "Basic" does not have a commercial tasting room or restaurant;
B. "Resort/destination" has either a commercial tasting room or restaurant. This
type of winery or brewery is located on a site larger than five acres in size. It could
typically be associated, or compatible with: high density residential, resort lodging, or a
bed and breakfast;
C. "Retail" has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts thereof
are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a structure.
"Yard, front" means the open area extending along and parallel to the entire length of
the front lot line and measured from the property line to the structure.
"Yard, rear" means the open area at the rear of the structure extending the entire
width of the lot and measured from the structure to the rear property line.
24
"Yard, side" means an open area between the side wall line of the structure and the
side line of the lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that one of
the sides of the dwelling rests directly on a side lot line.
"Zoning district" means a portion of the Yakima urban growth area within which
certain uses of land and structures are permitted and certain other uses of land and
structures are prohibited, certain yards and other open spaces are required and specific
lot areas are established, all as set forth and specified in this title. This definition also
includes the terms "zone" and "use district."
"Zoo" means a park or facility where animals are kept and raised for visitors to see
and observe; zoological park. (Ord. 2014-030 § 1, 2014; Ord. 2013-045 § 1, 2013; Ord.
2011-52 § 1, 2011: Ord. 2011-12 § 1, 2011; Ord. 2010-16 § 1, 2010: Ord. 2008-46 § 1
(part), 2008: Ord. 2005-81 § 1, 2005; Ord. 2002-53 §§ 1, 2, 2002; Ord. 98-60 § 1, 1998;
Ord. 98-59 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 93-81 §§ 1-14, 1993; Ord. 3106 §§
1-5, 1988; Ord. 3019 §§ 1-10, 1987; Ord. 2947 § 1 (part), 1986).
25
Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.04.030 Table of permitted land uses.
Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each
permitted land use listed in Table 4-1 is designated a Class (1), (2), or (3) use for a
particular zoning district. In addition, some Class (1) uses may require Type (2) review
in accordance with YMC 15.04.020. All permitted land uses and associated site
improvements are subject to the design standards and review procedures of this title.
Table 4-1 Permitted Land Uses
26
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture, General
Farming (not feedlots or
stockyards) (*)
1
1
1
1
Agricultural Building (*)
1
1
1
1
Agricultural Chemical
Sales/Storage
1
1
1
Agricultural Market (*)
1
1
1
1
1
1
1
1
Agricultural Stand (*)
1
1
1
Agricultural Related Industries (*)
2
1
1
1
Animal Husbandry (See YMC
15.09.070) (*)
1
2
1
1
Concentrated Feeding Operation
(*)
3
Floriculture, Aquaculture
1
1
1
Fruit Bin Sales/Storage
3
2
1
1
Winery and Brewery—Basic (*)
3
3
1
2
Resort/Destination w/on-site
agricultural production (*)
2
3
3
3
3
3
3
Resort/Destination (*)
2
3
3
1
1
1
3
Retail (*)
1
1
1
1
1
1
2
AMUSEMENT AND RECREATION
Aquatic Center
3
3
3
1
2
Amusement Park (Permanent)
(*)
3
3
3
1
3
Bowling Alleys
2
2
2
1
1
2
3
26
Table 4-1 Permitted Land Uses
27
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Campground (*)
3
2
Childrens Outdoor Recreation
2
Center* (More than 500 ft. from
abutting residential and not
containing a go-cart track)
Childrens Outdoor Recreation
3
Center* (Less than 500 ft. from
abutting residential and/or
containing a go-cart track)
Drive in Theatres
3
2
2
2
Exercise Facilities
2
1
1
1
1
2
1
1
1
2
Horse Racing Tracks,
Speedways
3
3
Game Rooms, Card Rooms,
Electronic Game Rooms (*)
3
2
1
2
2
2
Golf Courses, Clubhouses, Golf
Driving Ranges
3
3
3
3
Miniature Golf Courses
3
3
1
1
1
1
Movie Theatres, Auditoriums,
Exhibition Halls
3
1
1
1
1
Parks (*)
2
2
2
2
2
2
2
2
2
2
2
1
2
2
Roller Skating or Ice Skating
Rink
2
2
1
1
2
Sports Facility (indoor)
2
2
1
2
1
2
Social Card Rooms (See YMC
15.09.090) (*)
3
3
3
3
State Fair Park
(See YMC 15.04.200)
COMMUNITY SERVICES
Cemetery/Crematorium with
Funeral Home
3
3
3
3
3
3
Funeral Home not associated
with Cemetery/Crematorium
3
2
2
2
1
1
1
2
2
Churches, Synagogues, and
Temples (*)
2
2
2
2
2
2
2
2
1
1
2
2
Community Center (*) Meeting
Halls, Fraternal Organizations
2
2
2
2
2
2
2
2
2
1
1
2
27
Table 4-1 Permitted Land Uses
28
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Community Gardens (*) (if
accessory to an approved
principal use) (See YMC
15.04.060(G))
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*) (with
planting area of one-quarter acre
or less)
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens (*) (with
planting area of more than one-
quarter and up to one-half acre)
2
2
2
2
2
2
2
2
2
1
2
2
Community Gardens (*) (with
planting area of more than one-
half acre up to one acre)
2
2
2
2
2
2
2
2
2
2
2
2
Daycare Facilities (not home
occupation): Family In -Home (*)
1
2
2
2
2
2
2
2
1
1
1
Daycare Center (*)
2
2
2
2
1
1
2
1
1
1
1
2
1
Public Facility (*)
3
3
3
3
2
2
2
2
1
1
1
1
1
1
Hospital (*) Outside Institutional
Overlay
3
3
3
3
3
3
3
3
Correctional Facilities
3
3
3
3
3
3
Libraries
3
3
3
2
1
2
1
1
1
1
1
1
Museums, Art Galleries
3
3
2
1
2
1
1
1
1
1
1
1
Schools
Elementary and Middle
3
3
3
3
3
3
1
3
Senior High School
3
3
3
3
3
3
3
3
Business Schools (*)
3
3
3
3
3
3
2
2
1
1
1
2
2
Community College/University—
Inside Institutional Overlay
(See YMC Chapter 15.30)
Community College/University—
Outside Institutional Overlay
3
3
3
3
3
2
2
2
2
3
2
3
2
2
Vocational Schools (*)
3
3
3
3
3
2
2
2
1
1
1
2
3
Wastewater Sprayfield (*)
3
3
3
Zoo (*)
3
3
3
3
3
HEALTH AND SOCIAL SERVICE FACILITY
Group Homes (six or fewer),
1
1
1
1
1
1
1
1
28
Table 4-1 Permitted Land Uses
29
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Adult Family Home (*)
Treatment Centers For Drug and
Alcohol Rehabilitation
3
3
3
3
3
3
3
3
Boarding House (*)
3
3
3
3
3
1
2
Halfway House (*)
2
3
3
Group Homes (more than six),
Convalescent and Nursing
Homes (*)
3
2
2
2
3
3
MANUFACTURING
Agricultural Product Support
2
2
2
1
1
Aircraft Parts
1
1
1
Apparel and Accessories
3
2
2
1
1
Bakery Products (wholesale)
2
2
2
2
2
1
1
Beverage Industry (*)
2
2
2
1
1
Canning, Preserving and
Packaging Fruits, Vegetables,
and Other Foods
3
1
1
Cement and Concrete Plants
3
1
Chemicals (Industrial,
Agricultural, Wood, etc.)
3
1
Concrete, Gypsum and Plaster
Products
2
1
1
Confectionery and Related
Products (wholesale)
2
2
2
1
1
2
1
1
Cutlery, Hand Tools and General
Hardware
1
3
1
1
Drugs
1
2
1
1
Electrical Transmission and
Distribution Equipment
1
2
3
1
1
Electronic Components and
Accessories and Product
Assembly
1
2
2
3
1
1
Engineering, Medical, Optical,
Dental, Scientific Instruments
and Product Assembly
1
2
1
1
29
Table 4-1 Permitted Land Uses
30
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Fabricated Structural Metal
Products
2
3
3
1
1
Food Processing
2
3
1
1
Furniture
2
3
2
1
1
Glass, Pottery, and Related
Products and Assembly
2
2
2
1
1
Grain Mill Products
3
1
1
Heating Apparatus Wood Stoves
1
1
Leather Products
3
1
1
1
Leather Tanning and Finishing
1
1
Machinery and Equipment
1
2
1
1
Meat, Poultry and Dairy Products
1
1
Paints, Varnishes, Lacquers,
Enamels and Allied Products
3
1
Paperboard Containers and
Boxes
1
3
1
1
Plastic Products and Assembly
1
2
1
1
Prefabricated Structural Wood
Products and Containers
1
1
1
Printing, Publishing and Binding
1
3
2
1
1
Printing Trade (service
industries)
2
2
2
1
1
2
1
Recycling Processing Center (*)
3
1
Rendering Plants, Slaughter
Houses
3
Rubber Products
1
2
1
Sign Manufacturing and Product
Assembly (*)
2
1
1
1
1
Sawmills and Planing Mills
2
1
Sheet Metal and Welding Shops
2
1
1
Stone Products (includes
finishing of monuments for retail
sale)
2
1
2
2
3
1
1
Transportation Equipment,
Including Trailers and Campers
1
1
30
Table 4-1 Permitted Land Uses
31
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Woodworking: Cabinets,
Shelves, etc.
3
1
2
2
1
1
MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT
Asphalt Paving and Roofing
Materials, Rock Crushing
3
3
1
Mining Including Sand and
Gravel Pits (*)
3
3
3
Stockpiling of Earthen Materials
(*)
2
2
2
2
1
1
1
1
1
1
1
1
1
1
Off -Site Hazardous Waste
Treatment and Storage Facilities
(*)
3
3
RESIDENTIAL
Accessory Uses (*)
See YMC 15.04.060
Detached Single -Family Dwelling
(*)
1
1
1
1
3
3
1
3
3
3
3
Accessory Dwelling Unit (*) (See
YMC 15.09.045)
2
2
Existing or New Detached
Single -Family Dwelling on
Existing Lots of 8,000 Square
Feet or Less
1
1
1
Detached Single -Family Dwelling
(zero lot line) (*) (See YMC
15.09.040)
2
2
2
2
3
3
1
3
3
3
3
Attached Single -Family Dwelling,
Common Wall (*)
2
2
1
1
3
3
1
2
2
2
2
Two -Family Dwelling (Duplex) (*)
3
3
1
1
2
2
1
2
2
2
2
Converted Dwelling (*)
3
3
2
2
2
2
2
2
2
2
1
Multifamily Dwelling (*): 0-7
DU/NRA
2
1
2
2
2
2
2
2
2
8-12 DU/NRA
2
1
2
2
2
2
2
2
2
13+ DU/NRA
3
1
2
2
2
2
2
2
2
Mixed -Use Building
1
1
1
1
1
1
1
Planned Development (*)
See YMC 15 28
Mobile Home Parks (*)
2
2
2
31
Table 4-1 Permitted Land Uses
32
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Mobile Home (*) or Manufactured
Homes (*)
See YMC 15 04.160
Retirement Homes (*)
2
3
1
3
1
1
Temporary Hardship Units (See
YMC 15.04.140)
2
2
2
2
2
2
2
2
2
2
2
RETAIL TRADE, AND SERVICE
Adult Business Uses
See YMC 15.09.200
Animal
Clinic/Hospital/Veterinarian (*)
3
2
2
2
1
2
1
1
1
Auction House for Goods (*)
3
2
2
2
1
1
2
1
1
Auction House for Livestock (*)
3
2
2
Automotive
Automotive Dealer New and
Used Sales
2
2
2
1
3
1
1
Weekend Automobile and
Recreational Vehicle (RV) Sales
1
1
1
Automotive: Car Wash/Detailing
2
1
1
1
1
1
2
Parking Lots and Garages
2
1
1
1
1
1
1
1
1
Maintenance and Repair Shops
2
1
1
2
1
2
1
2
Paint and Body Repair Shops
2
2
1
1
1
2
Parts and Accessories (tires,
batteries, etc.)
2
1
1
1
1
2
1
2
Towing Services
1
3
1
1
Wrecking and Dismantling Yard
(*) and Hulk Haulers (*)
3
1
Bail Bonds
1
1
1
Beauty and Barber Shops
2
1
2
1
1
1
1
1
1
2
Bed and Breakfast Inn (*)
2
2
2
2
2
2
1
Boats and Marine Accessories
2
2
1
1
1
1
Butcher Shop
1
1
1
1
2
2
1
Commercial Services (*)
2
1
2
1
1
1
1
1
2
Communication Towers (*)
See YMC 15 04.180
Convenience Store—Closed
10:00 p.m. to 6:00 a.m.
1
2
1
1
1
1
1
1
2
32
Table 4-1 Permitted Land Uses
33
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Convenience Store—Open 10:00
p.m. to 6:00 a.m.
2
2
2
1
1
2
1
2
Pet Daycare/Animal Training (*)
2
1
1
1
2
1
1
2
Farm and Implements, Tools and
Heavy Construction Equipment
1
2
3
1
1
Farm Supplies
2
2
1
1
2
1
Financial Institutions
1
1
1
1
1
1
1
1
Fuel Oil and Coal Distributors
1
2
1
1
Furniture, Home Furnishings,
Appliances
1
1
1
1
1
1
1
General Hardware, Garden
Equipment, and Supplies
2
1
1
1
1
1
1
1
1
General Retail Sales 12,000 sq.
ft. or less (not otherwise
regulated) (*)
2
1
1
1
1
1
1
1
3
General Retail Sales greater
than 12,000 sq. ft. (not otherwise
regulated) (*)
2
1
1
1
1
1
1
3
Heating and Plumbing and
Electrical Equipment Stores
2
2
1
1
1
1
1
Heavy Equipment Storage,
Maintenance and Repair
1
1
1
Kennels (*)
2
2
2
Laundries, Laundromats and Dry
Cleaning Plants
2
2
1
1
1
1
2
1
Liquor Stores
2
2
1
1
1
1
Locksmiths and Gunsmiths
1
2
1
1
1
1
2
1
Lumber Yards
2
1
1
1
1
Massage Therapy/Spa (*)
1
1
1
1
1
1
1
1
1
Motels and Hotels
2
1
1
1
1
1
Mobile Vendor
See YMC Ch. 5.57
Night Clubs/Dance
Establishments
2
1
1
1
1
1
Nursery (*)
2
1
1
1
1
1
1
1
Offices and Clinics
3
1
1
1
1
1
1
1
1
2
33
Table 4-1 Permitted Land Uses
34
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Office Contractor Building and
Trade (Plumbing, Heating,
Electrical, and Painting)
3
1
1
1
1
1
1
1
1
Outdoor Advertising (Billboards)
See YMC 15 08.130
Pawn Broker
2
1
1
1
2
1
Radio/TV Studio
3
2
2
1
1
1
1
2
Recycling Drop -Off Center (*)
1
2
2
1
1
1
1
Rental: Auto, Truck, Trailer, Fleet
Leasing Services with Storage
3
2
1
2
1
2
2
1
2
Rental: Heavy Equipment
(except automotive) with Storage
1
1
Rental: Heavy Equipment
(except automotive) without
Storage
1
2
3
2
Repairs: Small Appliances, TVs,
Business Machines, Watches,
etc.
1
2
1
1
1
1
2
1
1
Repairs: Reupholstery and
Furniture
1
1
1
1
1
1
1
1
Repairs: Small Engine and
Garden Equipment
2
2
2
1
1
1
2
1
Restaurant (*)
2
1
1
1
1
1
1
1
1
Seamstress, Tailor
1
1
1
1
1
1
1
1
Service Station (*) Closed
Between 10:00 p.m. and 6:00
a.m. (*)
2
1
1
1
1
1
1
1
Service Station (*) Open
Between 10:00 p.m. and 6:00
a.m. (*)
3
2
2
1
1
2
1
2
Shooting Ranges (indoor)
3
3
3
3
1
Signs, Printed, Painted or
Carved
2
2
1
1
2
1
1
Taverns (*) and Bars
1
2
1
1
1
1
1
1
1
Technical Equipment Sales (*)
2
1
2
1
1
1
1
1
1
1
Truck Service Stations and
Shops
3
2
1
1
34
Table 4-1 Permitted Land Uses
35
SR
R-
1
R-
2
R -
3
B -
1
B-
2
HB
SCC
LCC
AS
GC
CBD
RD
M -M-
1
2
Truck (Large), Manufactured
Home and Travel Trailer Sales
1
3
1
Waste Material Processing and
Junk Handling (*)
3
1
TRANSPORTATION
Bus Terminals
1
1
1
1
1
1
Bus Storage and Maintenance
Facilities
1
1
Transportation Brokerage (*)
Offices, with Truck Parking
2
2
1
1
Contract Truck Hauling, Rental of
Trucks with Drivers
1
1
1
Air, Rail, Truck Terminals (for
short-term storage, office, etc.)
1
2
1
1
Railroad Switch Yards,
Maintenance and Repair
Facilities, etc.
1
1
Taxicab Terminals, Maintenance
and Dispatching Centers, etc.
3
3
1
Airport Landing Field
1
Airport Operations (*)
1
UTILITIES
Power Generating Facilities
3
2
1
Utility Services (substations, etc.)
3
3
3
3
3
3
3
3
3
1
1
WHOLESALE TRADE—STORAGE
Warehouses (*)
3
1
2
2
1
1
Wholesale Trade (*)
2
1
1
2
1
1
1
Storage Facilities, Bulk (*)
1
2
1
1
Storage Facilities Commercial (*)
3
1
2
3
1
1
Residential Mini -Storage (*)
3
3
1
2
3
1
1
* Refers to a definition in YMC Chapter 15.02.
x = Not Permitted
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
35
(Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord. 2011-52 § 3, 2011: Ord. 2011-
12 § 2, 2011: Ord. 2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 2,
2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord. 98-61 § 2, 1998;
Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4, 1995; Ord. 93-81 § 16,
1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13, 1987; Ord. 2497 § 1 (part), 1986).
Section 3. Section 15.04.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and subordinate to
the principal use of a structure or site. Accessory uses are permitted upon compliance
with the terms and provisions of this title. They must be clearly secondary to, supportive
of, and compatible with the principal use(s) and consistent with the purpose and intent
of the zoning district. The land use classification and review requirements of an
accessory use shall be the same as that of the principal use(s), unless otherwise
specified.
B. On-site hazardous waste treatment and storage is permitted as an accessory
use in the SR, B-1, B-2, HB, LCC, CBD, GC, M-1 and M-2 districts, subject to the state
siting criteria in the Washington Administrative Code adopted pursuant to the
requirements of RCW Chapter 70.105.
C. Garages. Private garages are permitted as an accessory use; provided, that in
residential districts they are primarily used to store motor vehicles by the occupants of
the residence.
D. Pets. The keeping of pets is permitted as an accessory use; provided, that in
residential districts they are subject to the following restrictions (see definitions of
"kennel" and "animal husbandry"):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility,
including, but not limited to, fish; birds; dogs, four; cats, six; hen chickens (no roosters),
fewer than five; and rabbits, fewer than five;
2. Their presence does not create undue noise or odors such as would create a
nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or
more feet from any residence or property line, and five feet from other structures
including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the
backyard area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the
animals within the backyard;
7. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used
for human habitation, processing, treating or packaging of agricultural products, nor
shall it be a place used by the public.
F. Cargo Containers.
36
1. Not Permitted. Cargo containers shall not be used for storage or other use within
the residential, B-1, or B-2 zoning districts for more than two consecutive weeks at a
time.
2. Permitted. Cargo containers and/or semi -truck trailers are allowed as an
accessory use to a permitted business in the SCC, LCC, AS, GC, RD, M-1 and M-2
zoning districts.
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located
within a designated loading dock or loading bay shall be located no less than fifty feet
from any existing residential zoning district.
G. Community Gardens. Community gardens (accessory to an approved principal
use) are considered an accessory use to a principal use in all zoning districts; provided,
the garden is clearly secondary to, supportive of, and compatible with the principal use
with regard to size and use. The land use classification and review requirements of an
accessory community garden shall follow the Type (1) review requirements of YMC
15.13, and shall otherwise comply with all other provisions of the Yakima Municipal
Code, and International Fire and Building Codes. (Ord. 2014-030 § 3, 2014; Ord. 2011-
52 § 4, 2011: Ord. 2010-16 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 17,
1993: Ord. 3106 § 7, 1988: Ord. 2947 § 1 (part), 1986. Formerly 15.04.050).
Section 4. Section 15.04.120 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.04.120 Home occupations.
A. Purpose. The conduct of a business within a dwelling may be permitted in the
residential districts under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the
residential districts; and
2. Maintain and preserve the character of residential neighborhoods; and
3. 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 4-2 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 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 G of this section.
37
Table 4-2. Table of Permitted Home Occupations
38
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
Bed and breakfast*
1
2
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
2
1
1
1
Home instruction* 1-5 students
1
1
1
1
1
6-8 students
2
2
2
2
2
Home Contractor*
1
1
Insurance agent
1
1
1
1
Locksmith
1
2
2
1
1
Photographer (not including productions studio)
1
2
2
2
38
Table 4-2. Table of Permitted Home Occupations
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);
39
Zoning District
SR
R-1
R-2
R-3
B-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 equipment
1
2
2
2
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
Wedding service
2
2
2
2
2
Unclassified home occupation
See YMC 15.04.120(F)
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
x = 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);
39
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.
40
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.
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 waive
part or all of the requirements for a site plan for Class (1) home occupations.
Unclassified Home Occupation—Review 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.
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);
13. Firearm sales and/or gunsmith.
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 fail 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.
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. (Ord. 2008-46 § 1
(part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord. 3019 §§ 15-17, 1987;
Ord. 2947 § 1 (part), 1986. Formerly 15.04.090).
41
Section 5. Section 15.27.407 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.27.407 General standards.
The following regulations shall apply in all special flood hazard areas pursuant to the
IBC, ASCE-24, and HUD 24 CFR Part 3280:
A. Anchoring and Construction Techniques. All manufactured homes must likewise
be anchored to prevent flotation, collapse or lateral movement, and shall be installed
using methods and practices that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over -the -top or frame ties to ground anchors. (For
additional information please refer to guidebook, FEMA -85) Anchoring shall meet the
specifications set forth below for structures located within one hundred feet of a
floodway or the ordinary high water mark if no floodway has been established.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
2. All new and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during the
conditions of flooding.
C. All new construction and any improvements or additions to existing floodproofed
structures that would extend beyond the existing floodproofing located within one
hundred feet of the floodway or one hundred feet of the ordinary high water mark if no
floodway has been established shall be elevated to a height equal to or greater than the
base flood, using zero -rise methods such as piers, posts, columns, or other
methodology, unless it can be demonstrated that non -zero -rise construction methods
will not impede the movement of floodwater or displace a significant volume of water.
The size and spacing of any support devices used to achieve elevation shall be
designed to penetrate bearing soil, and be sufficiently anchored, as specified above in
subsections A and B of this section.
D. Except where otherwise authorized, all new construction and substantial
improvements to existing structures shall require certification by a registered
professional engineer, architect or surveyor that the design and construction standards
are in accordance with adopted floodproofing techniques.
E. Utilities.
a. All new and replacement water supply systems and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters; and on-site waste disposal systems
shall be located to avoid impairment to them or contamination from them during
flooding.
b. Water wells shall be located on high ground that is not in the floodway.
F. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
42
b. Have roadways, public utilities and other facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
c. Have adequate drainage provided to reduce exposure to flood damage;
d. Include base flood elevation data; and
e. In the cases where base flood elevation is not available and the subdivision is
greater than five acres or fifty lots, a step -back water analysis shall be required to
generate the base flood elevation data.
G. Watercourse Alterations. The flood -carrying capacity within altered or relocated
portions of any watercourse shall be maintained. Prior to the approval of any alteration
or relocation of a watercourse in riverine situations, the department shall notify adjacent
communities, the Department of Ecology and FEMA of the proposed development.
(Ord. 2009-42 § 4, 2009: Ord. 2008-46 § 1 (part), 2008).
Section 6. Section 15.27.200 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.27.200 Definitions generally.
Definitions listed in Part Two of this chapter shall be applied to the regulation, review,
and administration of all critical areas, including flood hazard areas, unless the definition
itself identifies the term as applying to flood hazard administration, in which case the
definition only applies to that situation.
"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are
considered abutting even though the area of contact may be only a point.
"Adjacent" means to be nearby and not necessarily abutting.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like
an open fan or a segment of a cone, deposited by a stream at the place where it issues
from a valley upon a plain or broad valley; where a tributary stream is near or at its
junction with the main stream; or wherever a constriction in a valley abruptly ceases or
the gradient of the stream suddenly decreases. It is steepest near the mouth of the
valley where its apex points upstream and it slopes gently and convexly outward with
gradually decreasing gradient.
"Applicant" means a person, party, firm, corporation, or other legal entity that
proposes development, construction, or use on a parcel of property.
"Aquifer' means a saturated geologic formation, which will yield a sufficient quantity of
water to serve as a private or public water supply.
"Bank" means the land surface above the ordinary high water mark that abuts a body
of water and contains it to the bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed and
the estimated water surface elevation required to completely fill the channel to a point
above which water would enter the floodplain or intersect a terrace or hillslope. In cases
where multiple channels exist, the bankfull depth is the average depth of all channels
along the cross-section.
43
"Base flood," for purposes of administering Part Four, means the flood having a one
percent chance of being equaled or exceeded in any given year. (See IBC Section
1612.2.)
"Base flood elevation," for purposes of administering Part Four, means the elevation
of the base flood, including wave height, relative to the National Geodetic Vertical
Datum, North American Vertical Datum, or other datum specified on the Flood
Insurance Rate Map. (See IBC Section 1612.2.)
"Basement," for purposes of administering Part Four, means any area of the building
having its floor subgrade (below ground level) on all sides. (See IBC Section 1612.2.)
"Bed" means the land below the ordinary high water lines of state waters. This
definition shall not include irrigation ditches, canals, stormwater run-off devices, or other
artificial watercourses except where they exist in a natural watercourse that may have
been altered by unnatural means.
"Bedrock" means the solid rock underlying unconsolidated surface materials.
"Berm" means a mound or wall of earth material used as a protective barrier or to
control the direction of water flow.
"Best management practices" or "BMPs" means schedules of activities, practices,
maintenance procedures, and structural and/or managerial practices that, when used
singly or in a combination, prevent or reduce adverse impacts to the environment.
"Bioengineering" means project designs or construction methods, which use live
woody vegetation or a combination of live woody vegetation and specially developed
natural or synthetic materials to establish a complex root grid within the existing bank
which is resistant to erosion, provides bank stability, and maintains a healthy riparian
environment with habitat features important to fish life. Use of wood structures or limited
use of clean angular rock may be allowable to provide stability for the establishment of
vegetation.
"Breakwater' means a fixed or floating off -shore structure that protects the shore from
the forces of waves or currents.
"Bulkhead" means a vertical or nearly vertical erosion protection structure placed
parallel to the shore consisting of concrete, timber, steel, rock, or other permanent
material not readily subject to erosion.
"Building official" means the manager of the code administration and planning division
or a designee.
"Channel" means an open conduit, either naturally or artificially created, which
periodically or continuously contains moving water, or which forms a connecting link
between two bodies of water.
"Classification" means value and hazard categories to which critical areas and natural
resource lands will be assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other
vegetative matter from a parcel of land.
"Compaction" means compressing soil or other material through some mechanical
means to make it denser.
"Construction" means the assembly, placement, or installation of structures,
roadways, transmission lines, and other improvements within a parcel of land.
"Construction materials," for the purpose of Part Four, means all new construction
and substantial improvements shall be constructed with material and utility equipment
44
resistant to flood damage. See Technical Bulletin 2-93 for qualifying materials. (FEMA
Section 60.3(a)(3)(ii))
"Construction methods," for the purpose of Part Four, means all new construction and
substantial improvements shall be constructed using methods and practices that
minimize flood damage.
"Critical aquifer recharge area" means an area with a critical recharging effect on an
aquifer(s) used for potable water or areas where a drinking water aquifer is vulnerable
to contamination that would affect the potability of the water.
"Designated" means formal legislative action to identify and describe a critical area.
"Department" means the city of Yakima department of community and economic
development.
"Development" means the division of land into lots or parcels in accordance with the
city's subdivision ordinance (YMC Title 14), and any clearing, excavation, dredging,
drilling, filling, dumping, removal of earth and mineral materials, or other permanent or
temporary modification of a parcel of land up to, but not including, "construction" as
defined in this chapter. For the purpose of YMC 15.27.400 through 15.27.436,
"development" also means any manmade change to improved or unimproved real
estate located within a special flood hazard area, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary
or permanent storage of equipment or material and "works" as defined in this chapter.
(See IBC Section G 201.2)
"Dike" means an embankment to prevent flooding by a stream or other water body. A
dike is also referred to as a levee.
"Dock" means a structure built over or floating upon the water and used as a landing
place for boats and other marine transport, fishing, swimming, and other recreational
uses.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for the
purpose of increasing the depth of surface water or obtaining minerals, construction
aggregate, or landfill materials. This definition does not include excavation for mining
within a pond created by a mining operation approved under this chapter or under a
local zoning ordinance, or a mining operation in existence before zoning, shorelines, or
critical areas permits were required for such operations.
"Earth material" means any rock, natural soil, organic material or combination thereof.
"Enhance" means to strengthen any of the basic functional properties listed in YMC
15.27.504 that exist but do not perform at optimum efficiency. "Optimum" refers to the
most favorable or best performance of each function achievable for a specific segment
of stream corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation with
no groundwater association, usually thirty days or less per year. The lack of any
groundwater association results in a lack of distinctive riparian vegetation compared to
the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the movement
of wind, water, or ice.
"Excavation" means the mechanical removal of earth material.
"Fill" means the addition of any material, such as (by way of illustration) earth, clay,
sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind,
45
which is placed, stored or dumped upon the surface of the ground resulting in an
increase in the natural surface elevation. The physical structure of a shore stabilization
structure shall not be considered fill. However, fill placed behind the structure is
considered fill. Stream bed manipulation for irrigation diversions shall not be considered
fill.
"Flood" means a general and temporary condition of partial or complete inundation of
normally dry land areas from the unusual and rapid accumulation of runoff of surface
waters from any source.
"Flood hazard permit" means written approval applied for and obtained in accordance
with such rules and regulations as are established under this chapter.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Emergency
Management Agency that includes flood profiles, the flood boundary-floodway map, and
the water surface elevation of the base flood.
"Floodplain" means a land area adjoining a river, stream, watercourse or lake which
has been determined likely to flood. The extent of the floodplain may vary with the
frequency of flooding being considered as per FEMA FIRM maps. "Floodplain" is
synonymous with the one -hundred -year floodplain and means that land area is
susceptible to inundation with a one percent chance of being equaled or exceeded in
any given year.
"Flood -prone" means a land area for which a floodway and floodplain has not been
determined with respect to any specific flood frequency, but for which the potential for
flooding can be identified by information observable in the field, such as soils or
geological evidence, or by materials such as flood studies, topographic surveys,
photographic evidence or other data.
"Floodproofing," for purposes of administering Part Four, means any combination of
structural and nonstructural changes or adjustments to structures, which reduce or
lessen flood damages to lands, water or wastewater treatment facilities, structures and
contents of buildings.
"Floodway" means the regular channel of a river, stream, or other watercourse, plus
the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
"Floodway fringe," for purposes of administering Part Four, means that portion of a
floodplain which is inundated by floodwaters but is not within a defined floodway.
Floodway fringes serve as temporary storage for floodwaters.
"Grade" means the vertical location of the ground surface.
"Grade, existing" is the current grade in either its undisturbed, natural condition or as
disturbed by some previous modification.
"Grade, finish" is the final grade of the site which conforms to an approved plan.
"Grade, natural" is the grade as it exists or may have existed in its original
undisturbed condition.
"Grade, rough" is a stage where grade conforms approximately to an approved plan.
"Grading" means any excavation, filling, or combination thereof.
46
"Groundwater" means water that occurs beneath the land surface, also called
subsurface water or subterranean water. Groundwater includes water in the zone of
saturation of a water-bearing formation.
"Hydrologically related critical areas (HRCA)" include all those areas identified in YMC
15.27.502, which are important and deserving of protection by nature of their value for
the functional properties found in YMC 15.27.504.
"Hyporheic" means a groundwater area adjacent to and below channels where water
is exchanged with channel water and water movement is mainly in the downstream
direction.
"Intermittent stream" means a stream which flows only during certain times of the
year, with inputs from precipitation and groundwater, but usually more than thirty days
per year. Groundwater association generally produces an identifiable riparian area. This
definition does not include streams that are intermittent because of irrigation diversion
or other manmade diversions of the water.
"Lake" or "pond" means an inland body of standing water. The term can include the
reservoir or expanded part of a river behind a dam.
"Lowest floor," for purposes of administering Part Four, means the lowest floor of the
lowest enclosed area (including basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of this chapter.
"Manufactured home" means a structure fabricated on a permanent chassis that is
transportable in one or more sections; is designed to be used with or without a
permanent foundation when connected to the required facilities and is used for human
occupancy as a residential dwelling. The term "manufactured home" shall include
"mobile home" for regulatory purposes under this chapter. The term shall not include
"recreation vehicle," "commercial coach," "camping vehicle," "travel trailer," "park trailer,"
"tip-out," and any other similar vehicle, which is not intended, designed, constructed, or
used as a single -family dwelling.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale pursuant to this
title.
"Manufactured home park or subdivision, existing" means a manufactured home park
or subdivision that was completed before December 15, 1981, the effective date of the
floodplain management regulations.
"Minerals" mean gravel, sand, and metallic and nonmetallic substances of commercial
value.
"Mining" means the removal of naturally occurring minerals and materials from the
earth for commercial value. Mining includes processing and batching. Mining does not
include large excavations for structures, foundations, parking areas, etc. (See YMC
15.27.518.)
"Minor revision" includes minor changes in facility orientation or location, minor
changes in structural design that do not change the height or increase ground floor
area, and minor accessory structures (such as equipment covers or small sheds near
the main structure, etc.).
47
"Native" means indigenous to or originating naturally within the city of Yakima and
surrounding areas.
"Natural conditions" mean those conditions which arise from or are found in nature
and not modified by human intervention.
"New construction," for purposes of administering Part Four of this chapter, means
structures for which the "start of construction" commenced on or after the effective date
of this ordinance.
"Nonconforming structure," for purposes of administering Part Four of this chapter,
means a structure which was lawful prior to the adoption or amendment of this chapter,
but which fails by reason of such adoption or amendment to conform to the present
requirements of the zoning district in which it is located. In addition, the structure may
not be permitted as a new structure under the terms of this chapter because the
structure may not be in conformance with the applicable elevation and/or floodproofing
requirements.
"Nonconforming use," for purposes of administering Part Four of this chapter, means
a use of land or structure which was lawfully established and maintained prior to the
adoption or amendment of this chapter, but does not conform to this chapter for the
zoning district in which it is located. In addition, the use may not be permitted as a new
use under the terms of this chapter because the use may not be in conformance with
the applicable elevation and/or floodproofing requirements.
"Normal appurtenances" include: garages, decks, driveways, utilities, fences, and
grading, which do not exceed two hundred fifty cubic yards.
"Normal repair" means to restore a development to a state comparable to its original
condition, including but not limited to its size, shape, configuration, location and external
appearance, within a reasonable period after decay or partial destruction.
"Ordinary high water mark" means a mark on lakes and streams which can be found
by examining the bed and banks and ascertaining where the presence and action of
waters are common and usual, and so long continued in ordinary years as to create a
character mark upon the soil distinct from that of the abutting upland.
"Perennial stream" means a stream that flows year-round in normal water years.
"Project site" means that portion of any lot, parcel, tract, or combination thereof which
encompasses all phases of the total development proposal.
"Qualified professional" means a person with experience, training, expertise, and
related work experience appropriate for the relevant critical area subject in accordance
with WAC 365-195-905(4). The professional shall provide their qualifications to the
administrative official to ensure the professional has the acceptable level of
qualifications and experience for the relevant critical area they will be working in.
"Recreation vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily for temporary living quarters used during recreational,
camping, travel, or seasonal conditions.
48
"Restore" means to re-establish the basic functional properties listed in YMC
15.27.504 that have been lost or destroyed through natural events or human activity
with measures such as revegetation and removal or treatment of toxic materials.
"Restoration" does not imply a requirement for returning the site to aboriginal or pre -
European settlement conditions; but rather the return of a critical area with vegetation
and addressing of any toxic materials from the date of the permit.
"Revetment" means a facing placed on a bank or bluff to protect a slope,
embankment, or shore structure against erosion by wave action or currents.
"Riparian vegetation" means the terrestrial vegetation that grows beside rivers,
streams, and other freshwater bodies and that depends on these water sources for soil
moisture greater than would otherwise be available from local precipitation.
"Riprap" means a layer, facing, or protective mound of rubble or stones randomly
placed to prevent erosion, scour, or sloughing of a structure or embankment; also the
stone used for this purpose.
"Scour" means the removal of underwater material by waves and currents, especially
at the base or toe of a shore stabilization structure.
"Shoreline," as used in this chapter, means those water areas, the associated
features, and the land areas that are subject to the State Shoreline Management Act, as
defined in RCW 90.58.030 and the city of Yakima's current shoreline master program
(definitions).
"Shore stabilization" means the construction or modification of bulkheads, retaining
walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along
the shore, for the purpose of controlling stream undercutting, stream erosion or lake
shore erosion.
"Single-family residence" means a detached dwelling designed for and occupied by
one family, including those structures and developments which are a normal
appurtenance.
"Slope" means an inclined ground surface the inclination of which is expressed as a
ratio of horizontal distance to vertical distance.
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes
including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes,
swill, demolition and construction wastes, abandoned vehicles or parts thereof, and
discarded commodities.
"Special flood hazard area" means the land in the floodplain identified by the Federal
Emergency Management Agency that is subject to a one percent or greater chance of
flooding in any given year, commonly known as the one -hundred -year floodplain.
"Start of construction," for purposes of administering Part Four, moans thc first
slabs or footings or land prcparation, such as cictaring, grading and filling, thc
installation of streets or walkways, excavation for a basement, footings, piers or
.includes substantial improvement, and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of pipes, the construction of columns, or any work beyond the stage of
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excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways' nor does it include the
excavation for a basement, footings, piers or foundations or the erection of temporary
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or structural part of a
building, whether or not that alteration affects the external dimensions of the building.
"Stream" means water contained within a channel either perennial, intermittent, or
ephemeral. Streams include both natural watercourses and those modified by man
(example: stream flow manipulation, channelization, and relocation of the channel).
They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways,
canals, stormwater runoff facilities, or other artificial watercourses except those that are
located within existing wetland or streams.
"Stream corridor," as used in this chapter, means features listed and described in
YMC 15.27.502.
"Structure" means anything constructed or erected, which requires location on the
ground, or attached to something having a location on the ground, but not including
fences or walls used as fences less than six feet in height, and including gas or liquid
storage tanks when located aboveground.
"Substantial Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement," for purposes of administering Part Four, means any
repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty percent of the assessed value of the structure either:
1. Before the improvement or repair is started; or
2. Before the damage occurred to a structure.
For the purposes of this definition, "substantial improvement" occurs when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure. The total
value of all improvements to an individual structure undertaken subsequent to March 4,
1986, the effective date of this title, shall be used to define "substantial improvement" for
said structure. The term does not, however, include either:
1. Any project for improvement to a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary to assure safe
living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a
state inventory of historic places.
Use. See "use" as defined in YMC Chapter 15.02.
"Utility equipment," for the purposes of Part Four, means all electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
"Vegetative buffer" or "buffer" means an area extending landward from the ordinary
high water mark of a lake or stream and/or from the edge of a wetland which is
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maintained or otherwise allowed to provide support for the performance of the basic
functional properties of a stream corridor, wetland and other hydrologically related
critical areas as set forth in YMC 15.27.504 and 15.27.603.
"Wetland" means areas that are inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally created from
nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -
lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway.
Wetlands may include those artificial wetlands intentionally created from nonwetland
areas created to mitigate conversion of wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in
Washington in a wild state, which includes, but is not limited to, any mammal, bird,
reptile, amphibian, fish, or invertebrate, at any stage of development.
"Wildlife habitat" means an area of climate, soils, vegetation, relationship to water,
location and/or other physical properties which are identified as having a critical
importance to the maintenance of wildlife species.
"Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge,
improved road, abutment, projection, excavation, channel rectification, or improvement.
(Ord. 2008-46 § 1 (part), 2008).
Section 7. Section 15.27.200 of the City of Yakima Municipal Code is hereby
amended to read as follows:
15.26.010 Interest—Land development fees.
A. Intent. It is the purpose of this chapter to consolidate land development fees
formerly charged under environmental checklists and statements, as well as fees for
street and alley vacations, shoreline permits, and pedestrian skybridges into one
chapter. Consolidation will provide easy access to related charges and create a
simplified means for future fee adjustments.
B. Land Use Application Fees.
2011 City Fc°
Land Use Permit Type 2015 City Fee
Zoning Ordinance (YMC 15)
Administrative adjustments
$340.00
Cell Conditional Use
$3,500.00
Cell Major Modification
$500.00
Cell Minor Modification
$300.00
Cell Standard
500.00
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2011 City Fc°
Land Use Permit Type 2015 City Fee
Cell Variance
$1 500.00
Class 2 review
$365.00
Class 3 review
$700.00
Critical area review
$200.00
Interpretation with hearing
$435.00
Modification of approved use
$100.00
Nonconforming use/building
$280.00
Overlay districts
$340.00
Planned development
$560.00
Rezone (base rate)
$560.00
Shoreline permit
$355.00
Variance
$700.00
**Fees for zoning applications are consolidated
using the highest fee only.
Subdivision Ordinance (YMC 14)
Binding site plan, preliminary
$420.00
Final long plat, binding site plan
$270.00
Final short plat
$90.00
Long plat alteration or easement
release
$380.00
Preliminary long plat (base rate)
$380.00
Preliminary short plat
$340.00
Right-of-way vacation
$420.00
Short plat alteration or easement
release
$245.00
Short plat exemption
$145.00
State Environmental Policy Act (YMC 6.88)
SEPA checklist
$265.00
Other Applications
Appeals to city council
$340.00
Appeals to hearing examiner
$580.00
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2011 City Fc°
Land Use Permit Type 2015 City Fee
Comprehensive plan amendment
(base)
$500.00
Interpretation (Without Hearing)
$120.00
Parade and special event permit
$9-99
$50.00
Traffic concurrency
$250.00
Section 10. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
Section 11. The findings within the October 19, 2011, Yakima Planning Commission's
Recommendation, regarding these proposed text amendments are hereby adopted by the
Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.030 (F), and are
incorporated herein by this reference as if fully set forth herein.
PASSED BY THE CITY COUNCIL, signed and approved this day of December, 2015.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
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