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HomeMy WebLinkAbout10-23-2024 YPC Agenda PacketThe meeting will also be recorded and posted on the Y-PAC website. Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes. DEPARTMENT OF COMMUNITY DEVELOPMENT Bill Preston, P.E., Director Trevor Martin, AICP, Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov CITY OF YAKIMA PLANNING COMMISSION Yakima City Hall Council Chambers 129 N 2nd Street, Yakima, WA 98901 October 23, 2024 3:00 p.m. – 5:00 p.m. YPC MEMBERS: Chair Mary Place, Vice-Chair Anne Knapp, Jeff Baker, Charles Hitchcock, Leanne Hughes-Mickel, Colleda Monick, Philip Ostriem, Kevin Rangel, Arthur Salido, Frieda Stephens, and Shelley White City Council Liaison: Rick Glenn, Janice Deccio CITY PLANNING STAFF: Bill Preston (Community Development Director), Lisa Maxey (Admin. Assistant), Trevor Martin (Planning Manager), Eric Crowell (Senior Planner), Connor Kennedy (Associate Planner), Eva Rivera (Planning Technician) AGENDA I.Call to Order II.Roll Call III. Staff Announcements IV.Approval of Minutes from the September 11 and September 25, 2024 Meetings V.Public Comment VI.Second Study Session – Class 2 Uses & Subdivision VII.Other Business VIII.Commission Meeting Recap IX.Adjourn Next Meeting: November 13, 2024 - 1 - 09-11-2024 YPC Minutes City of Yakima Planning Commission (YPC) Meeting Minutes September 11, 2024 Call to Order Chair Place called the meeting to order at 3:01 p.m. Roll Call YPC Members Present: Chair Mary Place, Vice-Chair Anne Knapp, Jeff Baker, Charles Hitchcock, Leanne Hughes-Mickel, Colleda Monick, Philip Ostriem, Kevin Rangel, Arthur Salido, Shelley White YPC Members Absent: Frieda Stephens (excused) Staff Present: Trevor Martin; Planning Manager, Eric Crowell; Senior Planner, Connor Kennedy; Associate Planner, Eva Rivera; Planning Technician City Council Liaison: Rick Glenn, Janice Deccio (both absent) Staff Announcements – Planning Manager Martin announced the following: •The RFPQ for the periodic update and climate resilience is out and due by October 7. Action Items: Item Assigned Status City email address for Commissioners Trevor Martin Pending Update YPC Bylaws Trevor Martin In Progress Commission Roles & Responsibilities Commissioners Knapp & Hughes-Mickel In Progress Public Comment – Bill Hordan, provided public comment. Approval of Minutes from July 10 and July 24, 2024 - It was motioned by Commissioner Ostriem and seconded by Commissioner Baker to approve the meeting minutes of July 10. The motion carried unanimously. It was motioned by Commissioner Baker and seconded by Commissioner Ostriem to approve the amended minutes of July 24, which included changing the wording from "Commissioner Monick was elected" to "Commissioner Monick was nominated," and adding a specific date under the middle housing section instead of using "on time" for the update of the city code. Commissioner Knapp requested adding a footer to meeting minutes. Study Session CPA#004-24, RZ#004-24, City of Yakima – Senior Planner, Eric Crowell, informed the commission this was a proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. He proceeded with a PowerPoint presentation that included maps of the subject property. The commissioners asked questions regarding the proposal. Konner Hopkins, Executive Director of the Yakima Greenway, provided comment and passed around some documents for the commission to review. Mark Kettner, Chief Financial Officer of Comprehensive Mental Health, provided comment and answered questions from the commissioners. Public Hearing PLP#003-23 – Columbia Ridge Homes “Plat of Rainer Court Ph.5” – Senior Planner Crowell, began the hearing with a staff report regarding the preliminary long plat for Rainier Court Phase 5 to subdivide 9.64 acres into 22 single-family lots in the R-1 zoning district. Page 2 - 2 - 09-11-2024 YPC Minutes The staff report recommended approval of the preliminary long plat, subject to conditions. Jeff Peters of PLSA Engineering & Surveying, representing the applicant, Columbia Ridge Homes LLC, agreed with the staff's recommendation and addressed questions from the commissioners. Justin Hellem, from Columbia Ridge Homes LLC, provided comment and answered questions. Diana Alvarez, a neighbor of the development, provided comment to the commission. Chair Place closed the hearing as there were no questions from the commissioners and then asked for a motion. Motion: To approve the request of Columbia Ridge Homes, PLP#003-23 as submitted Motioned by: Commissioner Hughes-Mickel Seconded by: Commissioner Salido Decision: The motion passed unanimously. Public Hearing CPA#002-24, RZ#002-24 – PAC Investments LLC – Before the hearing commenced, Commissioner Monick recused herself and left the council chambers. Associate Planner Connor Kennedy introduced himself and began with the Comprehensive Plan Amendment staff report. The request was to amend the Comprehensive Plan Map and rezone a split-zoned parcel from Commercial Mixed Use to Community Mixed Use. A PowerPoint presentation was provided, and staff recommended approval of the proposal. Joseph Calhoun, the representative for PAC Investments from HLA Engineering & Surveying, expressed approval of the staff's recommendation. Chair Place closed the hearing as there were no questions from the commissioners and then asked for a motion. Motion: To approve as written Motioned by: Commissioner Hitchcock Seconded by: Commissioner Hughes-Mickel Decision: The motion passed unanimously Commissioner Monick rejoined the commission for the next hearing. Public Hearing TXT#002-24, SEPA#009-24 – City of Yakima – Trevor Martin, Planning Manager, commenced with the text amendment staff report. The City of Yakima Planning Division is proposing non-project minor amendments to the City of Yakima’s Municipal Code, specifically Titles 14, 15, and 16. The purpose of the proposed amendments is to further clarify the appeals process within the Yakima Municipal Code. Staff is recommending approval. The commissioners entered into discussion. Following the discussion, Chair Place asked for a motion. Motion: The Planning Commission draft findings of fact and forward the recommendation of approval to the Yakima City Council Motioned by: Commissioner Monick Seconded by: Commissioner Hitchcock Decision: The motion passed unanimously A discussion about the roles and responsibilities of the Planning Commissioners will be addressed at the next meeting. Motion: To adjourn to September 25, 2024. Motioned by: Commissioner Knapp Seconded by: Commissioner Monick Decision: The motion passed unanimously The meeting adjourned at approximately 4:50 p.m. Page 3 - 3 - 09-11-2024 YPC Minutes Chair Place Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Eva Rivera, Planning Technician. Page 4 - 1 - 09-25-2024 YPC Minutes City of Yakima Planning Commission (YPC) Meeting Minutes September 25, 2024 Call to Order Chair Place called the meeting to order at 3:02 p.m. Roll Call YPC Members Present: Chair Mary Place, Vice-Chair Anne Knapp, Jeff Baker, Leanne Hughes-Mickel, Colleda Monick, Philip Ostriem Kevin Rangel, Arthur Salido, Shelley White YPC Members Absent: Frieda Stephens, Charles Hitchcock (both excused) Staff Present: Trevor Martin; Planning Manager, Eric Crowell; Senior Planner, Sara Watkins; City Attorney, Eva Rivera; Planning Technician City Council Liaison: Rick Glenn, Janice Deccio (absent) Staff Announcements – Planning Manager Martin announced the following: 1) Reminder that the RFPQ for the periodic update and climate resilience is out, applications are due October 7. Approval of Minutes from August 14, 2024 - It was motioned by Commissioner Baker and seconded by Commissioner Ostriem to approve the meeting minutes of August 14, 2024. The motion carried unanimously. Action Items: Item Assigned Status City email address for Commissioners Trevor Martin Pending Update YPC Bylaws Trevor Martin In Progress Commission Roles & Responsibilities Commissioners Knapp & Hughes- Mickel Completed Public Comment – None The item Public Hearing CPA#004-24, RZ#004-24, SEPA#007-24 – City of Yakima was discussed out of order before its scheduled time on the agenda. – Senior Planner Crowell, began the hearing with a staff report regarding the proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. The staff report recommended approval. Sara Watkins, City Attorney, provided further background on the Comprehensive Plan proposal and presented options to the commissioners for approval, denial, or approval of only one parcel. The commissioners entered into discussion and asked questions to Senior Planner Crowell and City Attorney Watkins. Konner Hopkins and Will Hollingbery, representing the Yakima Greenway Foundation, testified in favor of the proposed rezone if limited to the parcel leased by Comprehensive Healthcare, but were opposed to rezoning the entire proposed area, with concerns regarding future commercial development within the Greenway Overlay. Jodi Daly, representing Comprehensive Healthcare, testified in favor of the proposed rezone. - 2 - 09-25-2024 YPC Minutes Motion: To approve the change and future land use map designation of parcel #191329-41410 from Low Density Residential to Commercial Mixed Use and Rezone from Suburban Residential (SR) to General Commercial (GC). Motioned by: Commissioner Knapp Seconded by: Commissioner White The commission entered into discussion. Chair Place called for a roll call vote. The results were as follows: • Commissioner White: Yes • Commissioner Ostriem: Yes • Commissioner Salido: Yes • Commissioner Baker: No • Commissioner Rangel: Yes • Commissioner Hughes-Mickel: Yes • Commissioner Monick: Yes • Commissioner Knapp: Yes • Chair Place: Yes The motion passed with an 8-1 vote. Study Session – TXT#003-24, SEPA#0014-24 – Martin began the session by explaining the proposed text amendments to the new commissioners, noting that these amendments had previously been presented to the commission. The changes involve zoning updates in Title 15.09, with a specific focus on the Downtown Business District and multifamily development. The purpose of these changes is to expedite certain land uses within these areas. During the session, the commissioners asked Martin for further clarification and posed questions regarding the proposed updates. Other Business – Bylaws Discussion – Commissioner Hughes-Mickel reviewed the changes, including the addition of new sections to address the committees now under the Planning Commission. She and Commissioner Knapp had collaborated on these updates to the bylaws. Watkins provided input on the revisions, clarifying what could and could not be included. Commissioner Knapp then requested adding a meeting recap to future agendas, suggesting it would be helpful to review key points and actions taken during each meeting. The discussion on these topics continued. Commissioner Baker sought clarification from Watkins regarding the protocol for visiting proposal sites with another commissioner. Watkins responded that any discussions related to proposals should occur during YPC meetings for transparency. Undiscussed Agenda Items: Due to time constraints, the discussion on Permitted Land Use was not addressed and will be carried over to a future meeting. Motion: To adjourn to October 9, 2024. Motioned by: Commissioner Monick Seconded by: Commissioner Salido Decision: The motion passed unanimously - 3 - 09-25-2024 YPC Minutes The meeting adjourned at approximately 4:52 PM. Chair Place Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Eva Rivera, Planning Technician. Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 1/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Chapter 15.02 DEFINITIONS Sections: 15.02.010 Purpose. 15.02.020 Definitions. 15.02.010 Purpose. This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict with definitions used in other titles of the city code, the definitions in this chapter shall prevail for the purpose of this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 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. 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. “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, or a stand-alone structure 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 city of Yakima director of community development. 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. Page 8 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 2/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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 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. “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. Page 9 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 3/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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.” 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 the 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. Page 10 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 4/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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 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. “Centerline of right-of-way” means the midpoint between the future alignment of the opposite edges of the right-of- way. “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 eleven p.m. and eight 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. Page 11 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 5/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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 the use complies with provisions and standards; and that difficulties related to the compatibility, the provision 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 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: 1. Privately or publicly owned land that is used by multiple users who may or may not have ownership of the property; Page 12 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 6/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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. “Congregate living facility” means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouses or dormitories, except that dormitories provided in conjunction with a proposed or existing educational facility shall be an accessory use to that facility. 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. “Cottage housing” means a group of three or more clustered single-family dwelling units with common open space and shared parking facilities, meeting the standards listed in YMC 15.09.035. “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. Page 13 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 7/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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 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 the city of Yakima department of community 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, multifamily” 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 or detached dwelling units on a lot. Any combination of three-plus, duplex and detached single-family dwellings that have a common driveway access on a single lot of record is considered multifamily development. This definition does not include “cottage housing” as defined in YMC 15.02.020. “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 zoning decision 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. “Planning division” or “division” means the city of Yakima planning division, which is a division of the department of community development. Page 14 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 8/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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, 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 43.21C, 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. “Extended stay hotel/motel” means a hotel or motel where more than ten percent of the rooms are rented to the public for longer stays, which are more than thirty consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multifamily dwelling. “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: Page 15 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 9/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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 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 definition. 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. Page 16 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 10/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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, pawnbroker Book stores Paint, glass and wallpaper stores Stationery and office supplies Pet stores and supplies/grooming Camera and photographic supplies Printing, photocopy 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, seamstress, tailor 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 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: Page 17 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 11/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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. “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 a licensed commercial business located in an approved commercial zoning district, or a home based internet business that does not involve the on-site resale of commercial goods. The home is used for phone calls, mail, completing paperwork, and work on a home computer associated with a business. This definition does not include manufacturing, sales not associated with an internet business, repair or other services. “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. “Home occupation, home office” means the accessory use of a dwelling for office use including, but not limited to, the following professions: accountant, architect, artist, author, arts and crafts, attorney, composer, dressmaker, seamstress, tailor, engineer, insurance agent, photographer, music teacher, and real estate agent. “Home occupation, product assemblage/repair” means a business or service involved in assembling products for off- site sales. This definition also includes the repair of small appliances, small engines, radios, televisions, and other similar items. Page 18 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 12/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “Home occupation, taxicab operator” means the accessory use of a dwelling as an administrative office for a taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles operated by immediate family members who reside in the home. “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. “Hotel” means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than ninety percent of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, “daily or short-term” means thirty or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multifamily dwelling. “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 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 Yakima city council. “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 Page 19 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 13/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 2. A legally recognized prior division or parcel under the provisions of Yakima County’s subdivision ordinance or the city of Yakima’s subdivision ordinance. “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. “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. Page 20 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 14/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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.) 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. 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 subdivision scale that emphasizes 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. Page 21 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 15/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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. “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. “Mission” means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. Mission uses shall be Class (2) uses within the GC general commercial, CBD central business district, and M-1 light industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Effective as of and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. “Mixed-use building and Downtown Business District Multifamily Development” means a building or use in a commercial district or planned development, meeting the standards contained in YMC 15.09.025, used partly for residential use and partly for a community facility or commercial use. “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 Chapter 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. Page 22 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 16/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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. “Motel” means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than ninety percent of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, “daily or short-term” means thirty or fewer consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multifamily dwelling. “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. “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. Page 23 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 17/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor’s office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or (5) any person who submitted written comments during administrative review (within the required time frame) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). “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 outdoor overnight stays. Overnight stays may be permitted under this definition if provided for in a complete indoor setting. 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 department of community development of the city of Yakima. “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. “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. Page 24 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 18/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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 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. Page 25 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 19/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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, 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. “Short term rental” means a residential structure providing individuals with lodging for not more than thirty days. For home occupations, such uses are limited to having not more than five guest rooms. 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, Page 26 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 20/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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 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, commercial outdoor” means a storage area designated as support facilities for commercial activities and used for the storage of retail materials which may be stored outdoor and screened by a fence or wall. “Storage facilities, residential mini-storage” means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. “Storage facilities, residential mini-storage outdoor” means an outdoor area providing storage for residential goods and/or recreational vehicles and screened by a fence or wall. “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 Chapter 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. Page 27 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 21/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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. “Tiny house” and “tiny house with wheels” mean a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the state building code. “Tiny house communities” means real property rented or held out for rent to others for the placement of tiny houses with wheels or tiny houses utilizing the binding site plan process in RCW 58.17.030/YMC Ch 14.35. “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. Page 28 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 22/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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 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. Page 29 Yakima Municipal Code Chapter 15.02 DEFINITIONS Page 23/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. “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. 2023-026 § 1 (Exh. A), 2023; Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2017-015 § 1, 2017; Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 1, 2015: Ord. 2015-022 § 2, 2015; 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). Page 30 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 24/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Page 31 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 25/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Sections: 14.15.010 Preliminary application for short subdivision—Requirements. 14.15.020 Criteria for approval. 14.15.030 Preliminary application—Time limitation. 14.15.040 Public notice of short plat application. 14.15.050 Administrator’s approval/disapproval. 14.15.060 Findings and conclusions. 14.15.070 Final short plat—Time limitation. 14.15.080 Land survey requirements. 14.15.090 Final short plat contents. 14.15.100 Approval of short subdivision—Recording. 14.15.110 Resubdivision restricted. 14.15.120 Short plat amendment/alteration. 14.15.010 Preliminary application for short subdivision—Requirements. A. An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent, or by a duly authorized representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the planning division. B. Each application for a short subdivision shall include the following: 1. A written application on a form provided by the planning division and signed by the landowner or an authorized agent. 2. A legible and reproducible drawing at a scale of one inch equals one hundred feet or larger of the entire contiguous tract owned by the applicant, which shall show: a. Name and address of owner(s) whose property is shown on the map. b. North arrow. c. Date of preparation. d. The name, location and width of all streets and alleys abutting the property. e. Tract and lot identification, lot lines, and dimensions of each lot. f. Approximate location of existing improvements, buildings and permanent structures. g. Size and location of water, sewer, and utility easements proposed to serve the lots to be created and their point of connection with existing services. h. If requested by the administrator, contour lines at two-foot elevation intervals for slopes less than ten percent. Elevations shall be based on city of Yakima datum if available. i. Contour lines at five-foot intervals shall be required for slopes greater than ten percent. Elevations shall be based on city of Yakima datum if available. 3. A nonrefundable application fee according to the current fee schedule as adopted by city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.15.020 Criteria for approval. The administrator shall approve the short subdivision and short plat if, and only after making written findings and conclusions that: Page 32 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 26/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. A. The application complies with the general requirements for short subdivision approval as specified by this chapter. B. The proposed short subdivision appropriately provides for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The administrator may determine that other considerations are appropriate to evaluate as criteria for approval. C. The short subdivision and any associated dedication will serve the public interest. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.15.030 Preliminary application—Time limitation. Upon receiving a short subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. Only those preliminary applications deemed complete will be processed further. Incomplete preliminary applications will be returned to the applicant together with a notice of deficiencies. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.040). 14.15.040 Public notice of short plat application. Within ten calendar days after the short subdivision application is determined to be complete, notice of the application shall be sent by first class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet of either (1) the land proposed to be subdivided, or (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 1, 2010: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.050). 14.15.050 Administrator’s approval/disapproval. Following the notice of application, In accordance with RCW 58.17.060, the administrator shall approve, disapprove, or return for modification all preliminary short subdivision applications. In reaching the conclusion to approve or disapprove short subdivisions, the administrator shall determine whether the requirements of this title have been satisfied and make a formal written finding of fact as to whether the short subdivision is consistent with the standards of the city of Yakima zoning ordinance and urban area comprehensive plan. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.040). 14.15.060 Findings and conclusions. The administrator shall not approve a preliminary short plat and short subdivision unless written findings are made that the criteria for approval from YMC 14.15.020 along with all applicable laws and regulations have been met. A preliminary short plat may be appealed under the provisions of YMC Chapter 14.50. A final short plat cannot be recorded during the appeal period. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.030). 14.15.070 Final short plat—Time limitation. Following preliminary short plat approval the applicant will have five years in which to comply with the conditions of approval and submit the final short plat. This approval may be extended up to one additional year by action of the administrator. Requests for extension must be in writing to the planning department and must be received prior to the expiration date of initial approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.060). 14.15.080 Land survey requirements. A. The final short plat of land shall be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey. B. All proposed short plats shall be referenced either from/to two monumented section or quarter section corners, or from/to two other suitable permanent control monuments. Page 33 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 27/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. C. Each lot corner established by a land survey shall be marked by a permanent survey monument, as defined in YMC 14.10.020. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.070). 14.15.090 Final short plat contents. A final short plat shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on Mylar, or equivalent, and shall be eighteen inches by twenty-four inches in size. It shall show: A. All lots or parcels, which include land, proposed to be divided. B. The taxation parcel number or numbers assigned by the Yakima County assessor to land proposed to be divided. C. The house address for each lot shown upon the short plat. D. The names or recording numbers of any contiguous subdivisions or short subdivisions. E. Lot corners and lines marking the division of the land into nine or fewer lots. F. Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land proposed to be divided. G. Location of any roads, rights-of-way, or easements proposed to serve the lots within the proposed short plat with a clear designation of their size, purpose and nature. H. North arrow and scale. I. The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided as enumerated in subsections (I)(1)(b) and (2)(b) of this section, as well as the acknowledged signatures of all property owners over which access or utility easements pass unless such easements are previously or simultaneously recorded by separate instrument in the County auditor’s office, certifying the following: 1. In the case of a short subdivision not containing a dedication: a. A full and correct legal description of the land proposed to be divided as it appears on the short plat. b. A statement of free consent in substantially the following form; provided, that the reference to easements be omitted when not applicable: Know all persons by these presents that ______________________________ are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do hereby dedicate the easements as shown hereon for the uses indicated hereon. ________________________________________ (Name) ________________________________________ (Name) 2. In the case of a short subdivision containing a dedication: a. A full and correct legal description of the land to be divided as it appears on the short plat; b. A statement of free consent and waiver of claims for damages in substantially the following form: DEDICATION AND WAIVER OF CLAIMS Page 34 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 28/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Know all persons by these presents that _____________________________________ are the owners and all other parties having any interest in the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Yakima and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby dedicate the easements as shown hereon for the uses indicated hereon. ________________________________________ (Name) ________________________________________ (Name) 3. If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite said waiver. J. A certificate by a registered land surveyor certifying to the accuracy of the survey and short plat in substantially the following form: I, _____________________________________, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon. _______________________________________ (Surveyor’s signature, seal and number) K. The Yakima County treasurer’s office certificate in substantially the following form: I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid. Dated this ___________ day of ________________________, 20________. Yakima County Treasurer’s Office. By: ____________________________________ L. If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of- way in substantially the following form: The property described hereon is wholly or in part within the boundaries of the ______________________ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law. M. Administrator’s signature block. N. City engineer’s signature block. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.080). Page 35 Yakima Municipal Code Chapter 14.15 SHORT SUBDIVISION—PROCEDURE Page 29/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 14.15.100 Approval of short subdivision—Recording. Each final short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor and shall not be deemed approved until so filed. The owner(s) of the land proposed to be subdivided shall be responsible for payment of all filing fees. A copy of the recorded plat shall be provided to the city prior to the issuance of any additional residential building permits. (Ord. 2023-025 § 1 (Exh. A), 2023; Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.180). 14.15.110 Resubdivision restricted. Pursuant to RCW 58.17.060, land in an approved short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat under the provisions of YMC Chapter 14.20, except that when the short plat contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of nine lots within the original short plat boundaries. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.190). 14.15.120 Short plat amendment/alteration. An approved and recorded short plat may be amended, altered, or vacated in whole or in part by recording an amended short plat in accordance with the following provisions: A. The amended short plat must comply with procedures and requirements of this chapter for original short plat approval. B. The title of the amended short plat shall be: “Amended City of Yakima Short Plat.” C. The amended short plat shall show all of the land shown on the original short plat; shall show all deleted original lot lines as dashed lines; and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown by a current title certificate. D. The amended short plat shall not increase the number of lots included in the original short plat unless the original short plat created fewer than the maximum allowable number of lots. Where fewer than nine lots were created, an amended short plat may increase the number of lots up to a final total of nine. E. Minor errors not involving any change in lot lines may be corrected by the surveyor upon approval of the administrator by recording an affidavit with the Yakima County auditor which specifically references the affected short plat by number and sets forth the correction. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.200). Page 36 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 30/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Chapter 15.04 PERMITTED LAND USES Sections: 15.04.010 Purpose. 15.04.020 Land use classification system. 15.04.030 Table of permitted land uses. 15.04.040 Unclassified uses. 15.04.060 Accessory uses. 15.04.070 Overlays. 15.04.080 Drive-through facilities. 15.04.090 Yard sales. 15.04.100 Caretaker dwellings. 15.04.110 Swimming pools. 15.04.120 Home occupations. 15.04.130 Temporary use permits. 15.04.140 Temporary hardship unit permits. 15.04.150 Standards for mobile/manufactured home and tiny house communities. 15.04.160 Placement of mobile/manufactured homes in residential districts. 15.04.170 Placement of manufactured modular nonresidential structures. 15.04.190 Social card rooms. 15.04.200 State Fair Park—Exposition and Special Events Center. 15.04.010 Purpose. For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and other land uses that, regardless of site design, are not consistent with the intent or character of the district. The purpose of this chapter is to establish the degree to which each land use is permitted in each district and establish the appropriate type of review for each land use in terms of the specific standards and requirements of each district. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.04.020 Land use classification system. Land uses within each zoning district shall be classified into four principal categories which establish a class of use. The class of use generally corresponds to a type of review that is based on a level of review complexity. However, certain circumstances may alter the type of review due to a higher or lower complexity. A. Class (1) uses are permitted, provided the district standards are met. The administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1) uses and associated site improvements. Class (1) uses in certain situations may require a Type (2) review, as required by YMC 15.13.020. The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class (1) uses that require a Type (2) review process. B. Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, as provided within this title. C. Class (3) uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after a Type (3) review and public hearing. The hearing examiner may approve, deny, or impose conditions on the proposed land use and site improvements to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Page 37 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 31/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Chapter 15.15 shall be used to review and evaluate Class (3) uses or Class (2) uses that have been forwarded to the hearing examiner for review. D. Uses Not Permitted. Any use listed in Table 4-1 and not classified as either a Class (1), (2), or (3) use in a particular district shall not be permitted in that district. A request for an unclassified use, under YMC 15.04.040, that is denied by the hearing examiner is considered as a use not permitted. E. Multiple Uses. When two or more uses are proposed for the same project, the entire project shall be subject to the type of review required by the highest classified use, Class (3) uses being higher than Class (2), and Class (2) uses being higher than Class (1). F. Administrative Official’s Determination of Table of Permitted Land Uses. 1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise identified in Table 4-1, Permitted Land Uses, is consistent with or similar to those already provided for within the table. 2. In the event that an applicant is aggrieved by a verbal determination of the administrative official, the applicant may submit a request for a written determination to the city of Yakima planning division. 3. If the administrative official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within Table 4-1, the determination may be referred to the hearing examiner for an interpretation as provided for in YMC Ch. 15.22. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 12, 1975; Ord. 2947 § 1 (part), 1986). 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 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-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 Page 38 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 32/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Marijuana Production (**) 1 1 Winery and Brewery—Basic (*) 2 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 12 12 12 1 1 12 3 Campground (*) 3 2 Children’s Outdoor Recreation Center* (More than 500 ft. from abutting residential and not containing a go-cart track) 12 12 Children’s Outdoor Recreation Center* (Less than 500 ft. from abutting residential and/or containing a go-cart track) 3 12 Drive-In Theatres 3 12 12 12 Exercise Facilities 12 1 1 1 1 2 1 1 1 12 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms (*) 3 12 1 12 12 12 Golf Courses, Clubhouses, Golf Driving Ranges 3 3 3 3 12 Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 Parks (*) 2 2 2 2 12 12 12 12 12 12 12 1 32 32 Roller Skating or Ice Skating Rink 12 12 1 1 2 Sports Facility (indoor) 12 12 1 12 1 12 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 12 12 12 1 1 1 12 12 Churches, Synagogues, and Temples (*) 2 2 2 2 12 12 1 12 12 1 1 2 2 Community Center (*) Meeting Halls, Fraternal Organizations 2 2 2 2 12 12 12 12 12 1 1 12 Page 39 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 33/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-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) 12 12 12 12 12 12 12 12 12 1 12 2 Community Gardens (*) (with planting area of more than one-half acre up to one acre) 12 12 12 12 12 12 12 12 12 12 12 2 Day Care Facilities (not home occupation): Family In-Home (*) 1 12 12 12 12 12 12 12 1 1 1 Day Care Center (*) 12 12 12 12 1 1 12 1 1 1 1 12 1 Public Facility (*) 3 3 3 3 12 12 12 12 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 12 1 1 1 1 1 1 Museums, Art Galleries 3 3 12 1 12 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 12 12 1 1 1 12 12 Community College/University—Inside Institutional Overlay (See YMC Chapter 15.31) Community College/University—Outside Institutional Overlay 3 3 3 3 3 12 12 12 12 3 12 13 12 12 Vocational Schools (*) 3 3 3 3 3 12 12 12 1 1 1 12 13 Wastewater Sprayfield (*) 3 3 3 Zoo (*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY 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 Congregate Living Facility up to 10 (*) 3 3 3 3 12 12 1 12 1 Congregate Living Facility 11+ 3 3 3 3 3 3 12 12 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 12 12 3 3 Mission (*) (with Type (3) review, and development agreement—see definition) 32 32 32 MANUFACTURING Page 40 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 34/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Agricultural Product Support 1 12 12 12 1 1 Aircraft Parts 1 12 1 1 Apparel and Accessories 1 3 12 12 1 1 Bakery Products (wholesale) 12 1 12 1 12 12 12 1 1 Beverage Industry (*) 1 12 12 12 1 1 Canning, Preserving and Packaging Fruits, Vegetables, and Other Foods 12 1 1 Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural, Wood, etc.) 3 1 Concrete, Gypsum and Plaster Products 12 1 1 Confectionery and Related Products (wholesale) 12 12 12 1 1 12 1 1 Cutlery, Hand Tools and General Hardware 1 3 1 1 Drugs 1 12 12 1 1 Electrical Transmission and Distribution Equipment 1 12 3 1 1 Electronic Components and Accessories and Product Assembly 1 12 12 3 1 1 Engineering, Medical, Optical, Dental, Scientific Instruments and Product Assembly 1 12 12 1 1 Fabricated Structural Metal Products 12 3 3 1 1 Food Processing 3 12 3 1 1 Furniture 12 3 12 1 1 Glass, Pottery, and Related Products and Assembly 12 12 12 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 12 1 1 Marijuana Processing (**) 1 1 Marijuana Research (**) 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 32 1 1 Page 41 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 35/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Prefabricated Structural Wood Products and Containers 1 1 1 Printing, Publishing and Binding 1 3 2 1 1 Printing Trade (service industries) 12 12 12 1 1 2 1 1 Recycling Processing Center (*) 3 1 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 12 1 Sign Manufacturing and Product Assembly (*) 12 1 1 1 1 Sawmills and Planing Mills 32 1 Sheet Metal and Welding Shops 1 12 1 1 Stone Products (includes finishing of monuments for retail sale) 12 1 1 12 12 3 1 1 Transportation Equipment, Including Trailers and Campers 1 1 2 1 1 Woodworking: Cabinets, Shelves, etc. 3 1 12 1 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 (*) 32 32 32 32 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) 12 12 1 1 1 1 1 1 1 1 1 1 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) 12 12 12 12 3 3 1 3 3 3 3 Attached Single-Family Dwelling, Common Wall (*) 12 12 1 1 3 3 1 12 12 12 12 Two-Family Dwelling (Duplex) (*) 13 12 1 1 12 12 1 12 12 1 12 Two-Family Dwelling (Duplex) (*) on Corner Lots in a New Subdivision 1 1 Converted Dwelling (*) 13 12 1 1 1 1 1 12 12 1 1 Cottage Housing (*) (See YMC 15.09.035) 12 1 1 1 1 12 12 12 12 Multifamily Development (*): 0—7 DU/NRA 12 1 1 12 12 12 12 12 12 12 Page 42 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 36/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 8—12 DU/NRA 12 1 12 12 12 12 12 12 12 13+ DU/NRA 12 1 12 12 12 12 12 12 12 Mixed-Use Building 1 1 1 1 1 1 1 Planned Development (*) See YMC 15.28 Mobile Home Communities (*) 3 2 32 Tiny House Communities (*) 12 1 12 12 12 12 12 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04.160 Retirement Homes (*) 12 1 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 12 12 12 1 12 1 1 1 Auction House for Goods (*) 3 12 12 12 1 1 2 1 1 Auction House for Livestock (*) 3 12 12 Automotive Automotive Dealer New and Used Sales 32 32 32 1 3 1 1 Weekend Automobile and Recreational Vehicle (RV) Sales 1 1 1 Automotive: Car Wash/Detailing 12 1 1 1 1 1 12 Parking Lots and Garages 12 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 12 1 12 Towing Services 1 3 1 1 Wrecking and Dismantling Yard (*) and Hulk Haulers (*) 3 1 Bail Bonds 1 1 1 Beauty and Barber Shops 12 1 12 1 1 1 1 1 1 12 Short Term Rental (*) 32 32 32 32 32 32 32 32 1 Boats and Marine Accessories 12 12 1 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services (*) 12 1 12 1 1 1 1 1 12 Communication Towers (*) (See YMC Chapter 15.29) Convenience Store—Closed 10:00 p.m. to 6:00 a.m. 1 12 1 1 1 1 1 1 12 Page 43 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 37/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Convenience Store—Open 10:00 p.m. to 6:00 a.m. 2 2 2 1 1 2 1 2 Pet Day Care/Animal Training (*) 12 1 1 1 12 1 1 12 Farm and Implements, Tools and Heavy Construction Equipment 1 2 3 1 1 Farm Supplies 12 12 1 1 12 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 12 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) (*) 12 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 12 12 1 1 1 1 1 1 Heavy Equipment Storage, Maintenance and Repair 1 1 1 Kennels (*) 2 2 2 Laundries, Laundromats and Dry Cleaning Plants 12 12 1 1 1 1 12 1 Liquor Stores 12 12 1 1 1 1 Locksmiths and Gunsmiths 1 12 1 1 1 1 12 1 Lumber Yards 12 1 1 1 1 1 Marijuana Retail (**) 1 1 1 1 1 1 Massage Therapy/Spa (*) 1 1 1 1 1 1 1 1 1 Mobile Vendor See YMC Ch. 5.57 Motels and Hotels 12 1 1 1 1 1 Extended Stay Hotel/Motel* 12 1 12 12 3 3 Night Clubs/Dance Establishments 12 1 1 1 1 1 Nursery (*) 12 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 12 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 12 1 1 1 12 1 Radio/TV Studio 3 12 12 1 1 1 1 12 Recycling Drop-Off Center (*) 1 12 12 1 1 1 1 Page 44 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 38/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Rental: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 12 1 12 1 12 12 1 12 Rental: Heavy Equipment (except automotive) with Storage 1 1 Rental: Heavy Equipment (except automotive) without Storage 1 12 3 12 1 Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 12 1 1 1 1 12 1 1 Repairs: Reupholstery and Furniture 1 1 1 1 1 1 1 1 Repairs: Small Engine and Garden Equipment 12 12 12 1 1 1 12 1 Restaurant (*) 12 1 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. (*) 12 1 1 1 1 1 1 1 Service Station (*) Open Between 10:00 p.m. and 6:00 a.m. (*) 3 12 12 1 1 12 1 12 Shooting Ranges (indoor) 3 3 3 3 1 Signs, Printed, Painted or Carved 12 12 1 1 12 1 1 Taverns (*) and Bars 1 12 1 1 1 1 1 1 1 Technical Equipment Sales (*) 12 1 12 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 12 1 1 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 12 12 1 1 Contract Truck Hauling, Rental of Trucks with Drivers 1 1 1 Air, Rail, Truck Terminals (for short-term storage, office, etc.) 1 12 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 21 1 Page 45 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 39/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 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 32 3 1 1 Storage Facility, Commercial Outdoor* 3 1 3 1 1 Residential Mini-Storage (*) (See YMC § 15.04.085) 3 3 1 32 3 1 1 Residential Mini-Storage Outdoor* (See YMC § 15.04.085) 3 3 1 3 1 1 * Refers to a definition in YMC Chapter 15.02. ** See YMC 15.09.220 for general development requirements for marijuana uses. = 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. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2016-018 § 1, 2016; Ord. 2016-008 §§ 3, 4, 2016; Ord. 2015-036 § 2, 2015: Ord. 2015-022 § 3 (Exhs. A, B), 2015; 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). 15.04.040 Unclassified uses. Any use not listed in Table 4-1 is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use. The hearing examiner shall follow the provisions of YMC Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 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 Chapter 70.105 RCW. 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, fewer than four; cats, fewer than six; hen chickens (no roosters), fewer than five; and rabbits, fewer than five; Page 46 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 40/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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 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 B-1, B-2, SCC, LCC, AS, GC, RD, M-1 and M-2 zoning districts. Accessory cargo containers and/or semi-truck trailers shall be processed under the provisions of YMC Ch. 15.17, Modifications, to existing or approved uses or development, subject to the following conditions: a. All refrigerated cargo containers and/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. b. Placement of cargo containers and/or semi-truck trailers shall not adversely affect maximum lot coverage, landscaping requirements, or required on-site parking spaces. 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. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 3, 2015: 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). 15.04.070 Overlays. A. Purpose. Overlay standards and criteria are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances for the Yakima River greenway overlay, institutional overlay, floodplain overlay, airport safety overlay, and master planned development overlay are established separately as provided by YMC Ch. 15.09, and are expressly exempted from the provisions of this section. All overlays are specifically governed by other sections. B. Project Review in Overlay. In order to assure the appropriate standards are applied: 1. All Class (1) uses in the greenway overlay unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). Page 47 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 41/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in the greenway overlay shall be subject to Type (3) review. C. Specific Development Standards for Overlays. See YMC 15.09.020. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008). 15.04.080 Drive-through facilities. A. Review Required. Any commercial use having a drive-through service window or booth shall require one higher level of review than shown in Table 4-1, except: 1. Those noted as a Class (3) use requiring a Type (3) review shall remain a Type (3) review; 2. Financial institutions; and 3. Properties that do not abut residential zones. B. Purpose. Such review is required in recognition of the potential impacts of drive-through uses on adjoining residential uses and the transportation system. C. Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential uses and the transportation system. The review of a drive-through facility shall include consideration of impacts from the following: noise from the drive-through speaker and/or car radio, glare from vehicle headlights and exterior lighting fixtures, fumes to residential uses, and impacts to transportation traffic flow and carrying capacity of the arterial street system. The proposed site will require an on-site interior parking circulation plan as defined by YMC 15.06.030 and 15.06.080. D. Definition. For purposes of this section, “drive-through” facilities means a window or station for providing service to customers who remain in their vehicle to conduct a business transaction, excluding gas stations and car washes. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 18, 1993. Formerly 15.04.055). 15.04.085 Storage Facilities Residential mini-storage facilities for both indoor and outdoor storage facilities shall be limited to two land use applications per calendar year. Applications for additional storage facilities shall not be accepted until the following calendar year. 15.04.090 Yard sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met: 1. Only two yard sales per dwelling unit per year shall be allowed; and 2. Each yard sale shall not exceed three days in duration. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.060). 15.04.100 Caretaker dwellings. Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory uses in the GC, M-1 and M-2 districts. Caretaker dwellings or shelters are also permitted in the B-2, SCC, LCC and CBD districts when the dwelling is located within the structure used for the principal use. No other dwelling unit(s) or shelter(s) shall be allowed on the same parcel. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 14, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.04.070). 15.04.110 Swimming pools. Swimming pools are permitted as an accessory use to: dwellings, hotels/motels, boardinghouses, retirement homes, and other residential uses, schools, and recreational facilities when all of the provisions of YMC 15.05.020(K) are met. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.080). Page 48 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 42/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 15.04.120 Home occupations. A. Purpose. The conduct of an accessory business within an existing dwelling may be permitted 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 underlying zone; and 2. Preserve the existing dwelling as the primary use of the structure or property; and 3. Maintain and preserve the character of residential neighborhoods; and 4. 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 “Table of 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 zoning district. Proposed home occupations in existing dwellings in the commercial and industrial zoning districts shall follow the land use requirements of the R-3 zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection H of this section. Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 Barbershop, beauty parlor 2 2 2 2 Business administration* 1 1 1 1 Day care, family home* 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 Food preparation* 1 1 1 1 Home contractor* 1 1 1 1 Home instruction* 1—5 students 1 1 1 1 6—8 students 2 2 2 2 Home office* 1 1 1 1 Locksmith and gunsmith 1 1 1 1 Massage therapy/spa* 1 1 1 1 Physician 1 2 2 2 Product assemblage/service* 1 2 2 2 Short term rental* 1 1 1 1 Taxicab operator* 1 1 1 1 Wedding service 2 2 2 2 Unclassified home occupation See YMC 15.04.120(G) Page 49 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 43/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Zoning District SR R-1 R-2 R-3 NOTES: * Refers to definition in YMC Chapter 15.02. 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required = Not Permitted C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s). For the purpose of administering this section, “primary residence” shall be defined as the residence where a person or persons resides for the majority of the calendar year; 2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3. There are no external alterations to the building which change its character from a dwelling; 4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 5. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors; 6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single- family home without a home business; 7. There is no outside storage or display of any kind related to the home occupation; 8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use; 10. The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood; 11. A business license is purchased where required; 12. The home occupation is conducted only by immediate family members residing in the dwelling; 13. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment. In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any Page 50 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 44/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 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. E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated. F. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may accept an aerial photo of the site in lieu of a site plan when the aerial photo clearly shows all structures and parking areas and no new construction or site modifications are proposed. 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; Page 51 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 45/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 11. Two-way radio and mobile telephone system sales and service; 12. Vehicle sign painting (except for the application of decals). I. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the administrative official finds that either the application or record fails to establish compliance with the provisions of this chapter. When any application is denied, the administrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based. J. Parking. The administrative official shall determine parking requirements for home occupations, as provided by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter 15.06. (Ord. 2023-026 § 1 (Exh. A), 2023; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 4, 2015: 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). 15.04.130 Temporary use permits. Temporary use permits may be issued by the administrative official for temporary structures and associated site improvements used for the storage of equipment, or supervisory offices in connection with major construction projects; provided, that such temporary structures and associated site improvements may not be maintained for more than one year. The administrative official may extend this period for one additional year. A site plan showing the location, size and type of structure is required to be submitted at the time of application for a temporary use permit. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.100). 15.04.140 Temporary hardship unit permits. A. In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be subject to Type (2) review and shall only be issued when all of the following conditions are met: 1. The applicant provides a physician’s statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision; 2. The temporary hardship unit meets the minimum setback and height standards for principal uses in the applicable district; 3. The temporary hardship units and principal dwelling together do not exceed the lot coverage standards for the applicable district; 4. The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy; 5. The approval of the unit will not materially harm the public interest, the intent of the district, or the character of the neighborhood; and 6. No rent, fee, payment or charge in lieu thereof may be made between the recipient and providers of special care for use of the temporary hardship unit. B. Only one temporary hardship unit shall be permitted on a parcel. C. Temporary hardship unit permits shall be subject to annual renewal, at which time the building official/planning division shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within ninety days from termination of the use or revocation of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be solely that of the permit holder. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 18, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.04.110). Page 52 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 46/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 15.04.150 Standards for mobile/manufactured home and tiny house communities. A. Purpose. The purpose of this section is to establish standards and criteria for development and expansion of mobile/manufactured home and tiny house communities within the urban area. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home and tiny house communities and to ensure the general health, welfare and safety of the occupants of mobile/manufactured and tiny homes that may be located within a community developed under these standards. These standards shall be applied in a manner that stresses minimizing costs. Alternatives that reduce costs and meet the intent of these standards will be encouraged. B. Site Plan Requirements. All proposals for mobile/manufactured home and tiny house communities shall include a site plan based upon a land survey drawn by a licensed architect, engineer or surveyor and shall include the following information in addition to the standard information required for site plans: 1. All spaces shall be clearly delineated on the site plan and include dimensions and square footage for each space; 2. A building envelope shall be shown within each space; 3. Unit setbacks shall be shown for each space; 4. The location of required parking for each unit; 5. Streets; 6. Signage for the park and directional signage; 7. The location of all solid waste containers and screening of containers; and 8. All facilities, utilities, improvements and amenities shall be shown on the site plan, including pathways, sidewalks, and recreational facilities. C. Development Standards. All mobile/manufactured home and tiny house communities shall be developed in compliance with the underlying zoning district and shall be in compliance with this section. The density of a community or expansion shall not exceed the density of the underlying zoning of the district. All required site improvements shall be installed prior to placement of units. Additional site improvements may be required by the reviewing official. 1. Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home, tiny house/tiny house on wheels, or recreational vehicle, exclusive of streets, shall be the minimum size necessary to ensure compliance with applicable unit separation, off-street parking requirements, and play area standards. 2. Internal Street Paving. A minimum of twenty-four feet of paved internal street shall be required for access to each unit, paved in accordance with YMC 15.06.110. 3. Off-street parking shall be provided for each unit in accordance with this title, YMC Chapter 15.06. 4. Street Lighting. A street light shall be provided at each street intersection within the community. 5. Right-of-Way Dedication and Frontage Improvements. Appropriate provisions for right-of-way dedication and right-of-way improvements adjacent to the park shall be made, including street paving, sidewalks, curbs, gutters, and street lighting. Improvements shall be installed prior to placement of units in the park, unless an appropriate bond or instrument acceptable to the appropriate jurisdiction is provided to guarantee installation of improvements. 6. Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing blue street signs consistent with the appropriate jurisdiction’s public street signs. Internal directional signs indicating unit/space numbers shall be placed at all street intersections within the park. Page 53 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 47/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 7. Utilities. All utilities shall be installed prior to placement of units in the park, including irrigation, domestic water, and sewer. All utilities shall be installed underground, including electrical distribution, telephone, and cable TV. The internal water system shall include fire hydrants located at the direction of the appropriate jurisdiction’s fire department. 8. Minimum Unit Separation. Units shall be separated by a minimum of ten feet, measured from the furthest extremity of each unit, including stairways. 9. Sitescreening shall be provided in accordance with YMC Chapter 15.07. 10. Stormwater Drainage. All stormwater drainage shall be retained on site and a drainage plan shall be approved by the appropriate jurisdiction. 11. Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use, and shall be screened with a six-foot-high, view-obscuring fence or wall and access gate. 12. Open Space Requirement. Each unit shall provide an area of open space contained within the unit’s space, consisting of a minimum size of four hundred square feet and a minimum width of ten feet. a. The unit square footage requirement may be reduced by fifty percent if the development includes a common play area. b. Gravel, pavers, asphalt or other nonvegetative surface shall not be included in the open space requirement. D. Expansion of Existing Mobile/Manufactured Home and Tiny House Communities. All standards of this section shall apply to expansion of existing mobile home communities. The standards shall not apply to existing areas of a community not being expanded. The examiner may, at his or her discretion, reduce one or more standards of this section for newly expanded areas of a community if expansion plans also include improvements to the existing community area. E. Maintenance of Common Areas, Landscaping and Open Space/Recreational Areas. All common areas and facilities (including streets, walkways, utilities, landscaping, storage areas, open space, and recreational areas) shall be continuously maintained in good condition by the community owner or designated homeowner’s association. An irrigation system shall be installed for maintenance of landscaping and recreational/open space areas that would normally require irrigation. F. Planned Development Under the Provisions of This Title. Development of a mobile/manufactured home or tiny house community may be accomplished under the planned development provisions of this title. (Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 98-62 § 1, 1998. Formerly 15.04.115). 15.04.160 Placement of mobile/manufactured homes in residential districts. A. Purpose. The provisions established herein are intended to assure that the siting of manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood. B. Table of Review Requirements for Mobile/Manufactured Homes. Table 4-3 titled “Review Requirements for Mobile/Manufactured Homes Previously Titled” is incorporated as a part of this section. The table indicates in which residential districts mobile/manufactured homes may be permitted as a Class (1), (2) or (3) use. All manufactured homes on individual lots are subject to the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. C. Siting Standards. All manufactured homes shall be installed in compliance with applicable codes. In addition, manufactured homes installed in the residential districts, not in manufactured home parks, may be required to meet the following siting standards: 1. Roof Slope. Roof slope shall be not less than a two-foot rise for each twelve feet of horizontal run. Page 54 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 48/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site-built homes. 3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes. 4. Pit Set. Manufactured homes shall be “pit set” with first floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to accommodate eighteen inches’ clearance below the frame of the unit with crawlspace access located near utility connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code. Skirting or side walls shall be installed around the perimeter and the tongue and axle shall be removed. D. Replacement of a Nonconforming Mobile Home on an Individual Lot with Another Mobile Home or Manufactured Home. 1. Type (1) review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size. 2. Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home. 3. Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is a larger size. A nonconforming mobile home cannot be replaced with an older mobile home. a. The replacement mobile home shall meet all Washington State Department of Labor and Industries (L&I) improvement criteria before the mobile home can be moved to the replacement location site, which is limited to an existing manufactured home park. b. Verification provided to the appropriate jurisdiction of said improvements and inspections by L&I shall be provided before said replacement. E. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. Type (1) review shall be used to replace an existing or approved manufactured home with another manufactured home that is newer and the same size or larger. The modification provisions of YMC Chapter 15.17 shall be used to replace a manufactured home with another manufactured home that is smaller. F. Siting. Manufactured homes constructed after June 15, 1976, which comply with the following requirements, may be sited in the same manner, and subject to the same conditions, as a site-built home, notwithstanding any other YMC Title 15 requirements: 1. Is a new manufactured home which has not been previously titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2); 2. Is set upon a permanent foundation, as specified by the city of Yakima, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product, which can either be load bearing or decorative; 3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; 4. Is thermally equivalent to the state energy code; and 5. Meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. Page 55 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 49/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Table 4-3. Review Requirements for Mobile/Manufactured Homes Previously Titled Approved or Existing Mobile Home Parks Approved or Existing Manufactured Home Subdivisions On Individual Lots SR R-1 R-2 R-3 Mobile Homes 1 Single-Wide (not meeting YMC 15.04.160(C)) 1 2 2 3 3 Single-Wide (meeting YMC 15.04.160(C)) 1 1 1 3 2 2 Multi-Wide (not meeting YMC 15.04.160(C)) 1 1 2 3 3 Multi-Wide (meeting YMC 15.04.160(C)) 1 1 1 2 2 2 * Refers to a definition in YMC Chapter 15.02 1 = Type (1) Permitted Use 2 = Type (2) Requires an Administrative Review and Approval by the Administrative Official (YMC Chapter 15.14) 3 = Type (3) Requires a Public Hearing and Approval by the Hearing Examiner (YMC Chapter 15.15) = Not Permitted (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-29 § 1, 2005; Ord. 95-13 § 5, 1995; Ord. 93-81 §§ 20, 21, 1993: Ord. 3106 §§ 8—10, 1988; Ord. 3019 §§ 19, 20, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.120). 15.04.170 Placement of manufactured modular nonresidential structures. A. Purpose. To assure public safety and compatibility with the general character and integrity of the district. B. Standards. Modular, nonresidential structures are permitted in all districts, subject to compliance with other standards of the district. C. Definition. A modular nonresidential structure manufactured with the intent of being transported to a fixed site and built in accordance with the building code as adopted by the appropriate jurisdiction. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 22, 1993. Formerly 15.04.125). 15.04.190 Social card rooms. In zones where allowed, no social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under RCW Title 28A), church, or park, as measured according to RCW 66.24.010(9) or as the same may be hereafter amended. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008). 15.04.200 State Fair Park—Exposition and Special Events Center. A. Purpose. To establish permitted uses and special development standards for the very unique fixed campus of uses and activities of the Central Washington Fairgrounds, hereafter known as the State Fair Park—Exposition and Special Events Center. This section is intended to provide regulatory guidance that will ensure production integrity and economic performance of existing uses and continued development of the campus. The State Fair Park produces and hosts activities in multi-use facilities established specifically to address the unique market response, operations and sustainable economic performance requirements of the exposition and special events industry, which include: production and operational requirements of the annual Central Washington State Fair and nonfair events and use activities; a broad array of land uses and the overall mix of types of uses found to be consistent with the state statutory authorizations for agricultural fairs (RCW Chapter 15.76) and county fairs (RCW Chapter 36.37); in addition to those uses allowed in the general commercial (GC) zoning district. B. Special Definitions. The area of land currently occupied by the Central Washington State Fair, now named “State Fair Park,” is a unique fixed campus dedicated to providing a special venue for community use, commercial Page 56 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 50/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. use, trade shows and exposition uses, special event uses, destination attraction uses, permitted uses and similar events. The following special definitions describe broad categories of uses, events and activities allowed within the campus. Each special definition is followed by a representative list of examples to illustrate a range of allowable uses that the campus site might host. The lists are not all-inclusive; new uses and activities determined to be consistent with these special definitions may be added/included through the similar use, use interpretation and unclassified use review processes of this chapter as they are identified. 1. Community uses, events, or activities serve local or area community, social, cultural and service organizations, and local, state and federal agencies. The activities are “nonrevenue generating,” meaning that the event may pay a use fee, but does not facilitate commercial product sales or services where revenues are for profit or financial gain of an individual, corporation or privately held organization. Those entities that generally qualify for community event status are local and area civic groups, service clubs, nonprofit associations, schools and universities, county and city government and other organizations that promote socio-economic well-being, serve a particular class of people, promote quality of life and respond to the safety and welfare of the general public. Banquets; Church groups; Clinics; Conferences; Dance classes; Day camps; Emergency services; Family reunions; Fashion apparel; Home improvement classes; Meetings/retreats; Parties/socials; Picnics; Political fundraisers; Professional/vocational education; Recreation/leisure classes; Self-improvement; Service club fundraisers; Training classes; Weddings/receptions; and Youth equestrian activities. Page 57 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 51/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. 2. Commercial uses, events or activities include revenue-producing activities when the purpose of the organizer or promoter is to facilitate services or wholesale and retail sales activity, generating revenues for profit or to stimulate market activity creating sales beyond the actual event. Such organizations may include “nonprofit corporations,” for-profit organizations and industry associations that represent a particular product, service, special interest or commercial enterprise that attract general audiences, manufacturers, distributors, buyers or sellers and patrons. Appliance shows; Auctions; Auto shows; Boat shows; Breed shows; Computer shows; Flea markets; Fireworks displays; Floriculture/horticulture shows; Gun shows; Home and garden shows; Livestock: animal exhibitions, shows, training, sales, boarding; Model shows; Recreational equipment shows; Religious festivals; Sports exhibitions; and Technology exhibitions. 3. Trade shows and expositions are classified as uses organized for the purpose of promoting a particular line of products, services or commodities within industry classifications, such as transportation, communications, aviation, boating, electronics, agriculture, entertainment/amusement and so forth. The event organizer and/or producer may be an industry association, nonprofit corporation, sponsor or for-profit entity which facilitates an event designed to create business development opportunities, stimulate wholesale and retail transactions, distribute products and create short-term, as well as long-term, sales. Such shows or events are for industry and general public audiences, and are focused on specific products and market, client or customer development, product or service sales and other purposes that stimulate economic activity within a particular industry. The following is a representative list of trade show and exposition uses and activities: Agricultural industries; Amusement and entertainment; Apparel; Appliances; Page 58 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 52/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Consumer shows; Electronics/communications; Environmental science; Farm equipment; Food and hospitality; Forestry; Interior design; Medicine; Outdoor sports; Professional services; Public transportation; Sports products; Tourism/leisure industries; and Trade shows. 4. Special event uses, events and activities include functions designed to attract large and diverse audiences, and are typically revenue-producing activities that generate funds through gate and parking fees, product sales, advertising sales, concession contracts, and other revenue sources. Special events generally follow a particular theme, such as cultural or holiday themes, sports or program themes, relative to the purpose of the event, and draw from local and regional market populations. The following is a representative list of special event uses: Amusement rides and games; Carnivals; Circuses; Concerts; Fairs; Festivals; Games; Motorized sports; Pageants; Rodeos; Seasonal celebrations; Socials/galas; Sporting events/facilities; and Page 59 Yakima Municipal Code Chapter 15.04 PERMITTED LAND USES Page 53/53 The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024. Tournaments. 5. Destination attraction events, uses and activities draw upon resident and visitor population markets, extol leisure and commercial recreation activities and are typically revenue-based enterprises. Destination attractions may include amusement parks, family entertainment centers with special attractions including water features, major rides, cultural entertainment and virtual reality attractions. Destination activities may also include a mix of themed enterprise activities. Other destination attractions may include specialty retail shopping, entertainment center, hospitality, commercial recreation centers, health and fitness facilities and other permanent and temporary structures designed and developed to support destination activities. C. Allowable Uses. The following uses, including related events and activities, are allowed within the State Fair Park subject to SEPA mitigation where required, the development standards of this code and other construction permit requirements: 1. Existing uses of the State Fair Park campus shall be considered Class (1) uses. 2. Uses identified in subsection B of this section, Special Definitions, or uses determined by the administrative official to be consistent with, and similar to, those special definitions uses as may be determined in accordance with YMC 15.22.050(D)(3) shall be considered Class (1) uses. 3. Uses in Table 4-1 of the GC district, not otherwise listed in subsection B of this section, Special Definitions, shall be allowed according to the type of review indicated. 4. YMC 15.22.050(D)(1), Use interpretations, decisions by the hearing examiner. D. Annexation—State Fair Park. The annexation of the State Fair Park into the city of Yakima shall not alter any lease agreement by and between Yakima County as lessor and the Central Washington State Fair Association as lessee, or any powers or responsibilities of Yakima County or its lessee relative to the Central Washington State Fair or other activities at the State Fair Park that are subject to the provisions of Chapter 15.76 or 36.37 RCW or other state law. Any future proposed amendments to the Yakima urban area zoning ordinance that would or may affect the operations of the State Fair Park shall be processed in accordance with the ordinary course of administering proposed ordinance amendments. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 3, 2005. Formerly 15.04.135). Page 60 Yakima Planning Division CL2 YEAR INTAKE QUANTITY COMMENTS MAILING LABELS 2021 40 37 1,400 2022 41 50 1,788 2023 54 50 1,964 2021: Percent of comments (37/1400) X 100 = 2.64% Cost of mailing 1,400 X ¢0.40 = $560 (base, not including # of mailings going out) 2022: Percent of comments (50/1788) X 100 = 2.80% Cost of mailing 1,788 X ¢0.40 = $715.20 (base, not including # of mailings going out) 2023: Percent of comments (50/1964) X 100 = 2.55% Cost of mailing 1,964 X ¢0.40 = $785.60 (base, not including # of mailings going out) 2021 1. CL2#001-21 – 0 COMMENTS – 22 MAILING LABELS 2. CL2#002-21 – 0 COMMENTS – 51 MAILIGN LABELS 3. CL2#003-21 – 4 COMMENTS – 49 MAILING LABELS 4. CL2#004-21 - 4 COMMENTS – 10 MAILING LABELS (HAD PSP, TCO, AND SEPA) 5. CL2#005-21 – 0 COMMENTS – 35 MAILING LABELS 6. CL2#006-21 – 0 COMMENTS – 26 MAILING LABELS 7. CL2#007-21 – 0 COMMENTS – 56 MAILING LABELS 8. CL2#008-21 – 0 COMMENTS – 25 MAILING LABELS 9. CL2#009-21 – 0 COMMENTS – 42 MAILING LABELS 10. CL2#010-21 – 1 COMMENT – 20 MAILING LABELS (HAD SEPA, AND CAO) 11. CL2#011-21 – 0 COMMENTS – 33 MAILING LABELS 12. CL2#012-21 – 0 COMMENTS – 45 MAILING LABELS (HAD SEPA) 13. CL2#013-21 – 0 COMMENTS – 61 MAILING LABELS 14. CL2#014-21 – 1 COMMENT – 44 MAILING LABELS 15. CL2#015-21 – 0 COMMENTS – 12 MAILING LABELS Page 61 16. CL2#016-21 – 6 COMMENTS – 37 MAILING LABELS (HAD PD, AND SEPA) 17. CL2#017-21 – 0 COMMENTS – 27 MAILING LABELS 18. CL2#019-21 – 5 COMMENTS – 20 MAILING LABELS (HAD PD, PLP, AND SEPA) 19. CL2#020-21 – 0 COMMENTS – 43 MAILING LABELS 20. CL2#021-21 – 0 COMMENTS – 29 MAILING LABELS 21. CL2#022-21 – 0 COMMENTS – 37 MAILING LABELS 22. CL2#023-21 – 3 COMMENTS – 57 MAILING LABELS (HAD FLP, PLP, AND SEPA) 23. CL2#025-21 – 2 COMMENTS – 11 MAILING LABELS (HAD SEPA) 24. CL2#026-21 – 0 COMMENTS – 34 MAILING LABELS (HAD PSP, AND FSP) 25. CL2#027-21 – 0 COMMENTS – 45 MAILING LABELS (HAD FSP) 26. CL2#028-21 – 0 COMMENTS – 36 MIALING LABELS 27. CL2#029-21 – 0 COMMENTS – 51 MAILING LABELS 28. CL2#030-21 – 4 COMMENTS – 42 MAILING LABELS 29. CL2#031-21 – 0 COMMENTS – 28 MAILING LABELS 30. CL2#032-21 – 0 COMMENTS – 33 MAILING LABELS 31. CL2#033-21 – 1 COMMENT – 9 MAILING LABELS (HAD PSP) 32. CL2#034-21 – 0 COMMENTS – 47 MAILING LABELS 33. CL2#035-21 – 0 COMMENTS – 34 MAILING LABELS 34. CL2#036-21 – 3 COMMENTS – 30 MAILING LABELS (HAD SEPA) 35. CL2#037-21 – 1 COMMENTS – 17 MAILING LABELS (HAD SEPA) 36. CL2#039-21 – 0 COMMENTS – 43 MAILING LABELS 37. CL2#040-21 – 0 COMMENTS – 50 MAILING LABELS 38. CL2#041-21 – 0 COMMENTS – 29 MAILING LABELS 39. CL2#042-21 – 1 COMMENT – 44 MAILING LABELS 40. CL2#043-21 – 1 COMMENT – 36 MAILING LABELS 2022 1. CL2#001-22 – 0 COMMENTS – 34 MAILING LABELS 2. CL2#002-22 – 0 COMMENTS – 13 MAILING LABELS (HAD ADJ) 3. CL2#003-22 – 0 COMMENTS – 32 MAILING LABELS 4. CL2#004-22 – 0 COMMENTS – 42 MAILING LABELS Page 62 5. CL2#005-22 – 0 COMMENTS – 45 MAILING LABELS 6. CL2#006-22 – 0 COMMENTS – 47 MAILING LABELS 7. CL2#008-22 – 0 COMMENTS – 46 MAILING LABELS (HAD ADJ) 8. CL2#009-22 – 0 COMMENTS – 51 MAILING LABELS 9. CL2#010-22 – 0 COMMENTS – 35 MAILING LABELS 10. CL2#011-22 – 2 COMMENTS – 20 MAILING LABELS 11. CL2#012-22 – 0 COMMENTS – 46 MAILING LABELS (HAD PSP, ADJ, & FSP) 12. CL2#013-22 – 0 COMMENTS – 19 MAILING LABELS 13. CL2#015-22 – 0 COMMENTS – 45 MAILING LABELS 14. CL2#016-22 – 2 COMMENTS – 56 MAILING LABELS 15. CL2#017-22 – 1 COMMENTS – 12 MAILING LABELS 16. CL2#018-22 – 0 COMMENTS – 42 MAILING LABELS 17. CL2#019-22 – 2 COMMENTS – 37 MAILING LABELS 18. CL2#020-22 – 1 COMMENTS – 49 MAILING LABELS 19. CL2#021-22 – 0 COMMENTS – 27 MAILING LABELS 20. CL2#022-22 – 0 COMMENTS – 10 MAILING LABELS 21. CL2#024-22 – 0 COMMENTS – 56 MAILING LABELS 22. CL2#025-22 – 2 COMMENTS – 86 MAILING LABELS (HAD RZ, ADJ, & SEPA) 23. CL2#026-22 – 0 COMMENTS – 41 MAILING LABELS 24. CL2#027-22 – 4 COMMENTS – 74 MAILING LABELS 25. CL2#028-22 – 0 COMMENTS – 25 MAILING LABELS 26. CL2#029-22 – 13 COMMENTS – 49 MAILING LABELS 27. CL2#030-22 – 0 COMMENTS – 53 MAILING LABELS 28. CL2#031-22 – 0 COMMENTS – 14 MAILING LABELS 29. CL2#032-22 – 0 COMMENTS – 55 MAILING LABELS 30. CL2#033-22 – 0 COMMENTS – 47 MAILING LABELS 31. CL2#034-22 – 0 COMMENTS – 43 MAILING LABELS 32. CL2#035-22 – 0 COMMENTS – 52 MAILING LABELS (HAD TCO) 33. CL2#036-22 – 0 COMMENTS – 45 MAILING LABELS 34. CL2#037-22 – 13 COMMENTS – 28 MAILING LABELS (HAD PD, PSP, SEPA, & TCO) Page 63 35. CL2#038-22 – 8 COMMENTS – 35 MAILING LABELS (HYAD PSP & FSP) 36. CL2#039-22 – 0 COMMENTS – 36 MAILING LABELS 37. CL2#040-22 – 1 COMMENT – 47 MAILING LABELS 38. CL2#041-22 – 1 COMMENT – 38 MAILING LABELS 39. CL2#042-22 – 0 COMMENTS – 39 MAILING LABELS 40. CL2#043-22 – 0 COMMENTS – 48 MAILING LABELS 41. CL2#044-22 – 0 COMMENTS – 27 MAILING LABELS 2023 1. CL2#001-23 – 0 COMMENTS – 28 MAILING LABELS 2. CL2#002-23 – 0 COMMENTS – 46 MAILING LABELS 3. CL2#003-23 – 0 COMMENTS – 54 MAILING LABELS 4. CL2#004-23 – 0 COMMENTS – 46 MAILING LABELS (HAD PSP) 5. CL2#005-23 – 0 COMMENTS – 32 MAILING LABELS 6. CL2#006-23 – 0 COMMENTS – 15 MAILING LABELS 7. CL2#007-23 – 0 COMMENTS – 20 MAILING LABELS 8. CL2#008-23 – 19 COMMENTS – 33 MAILING LABELS 9. CL2#009-23 – 0 COMMENTS – 30 MAILING LABELS 10. CL2#010-23 – 2 COMMENTS – 23 MAILING LABELS (HAD SEPA) 11. CL2#011-23 – 0 COMMENTS – 36 MAILING LABELS 12. CL2#012-23 – 0 COMMENTS – 51 MAILING LABELS 13. CL2#013-23 – 0 COMMENTS – 39 MAILING LABELS 14. CL2#014-23 – 0 COMMENTS – 16 MAILING LABELS 15. CL2#015-23 – 0 COMMENTS – 13 MAILING LABELS 16. CL2#017-23 – 0 COMMENTS – 33 MAILING LABELS 17. CL2#018-23 – 0 COMMENTS – 42 MAILING LABELS 18. CL2#019-23 – 2 COMMENTS – 48 MAILING LABELS 19. CL2#020-23 – 5 COMMENTS – 46 MAILING LABELS 20. CL2#021-23 – 4 COMMENTS – 51 MAILING LABELS 21. CL2#022-23 – 0 COMMENTS – 27 MAILING LABELS 22. CL2#023-23 – 1 COMMENTS – 49 MAILING LABELS Page 64 23. CL2#024-23 – 0 COMMENTS – 18 MAILING LABELS 24. CL2#025-23 – 0 COMMENTS – 20 MAILING LABELS 25. CL2#026-23 – 0 COMMENTS – 32 MAILING LABELS 26. CL2#027-23 – 0 COMMENTS – 31 MAILING LABELS 27. CL2#029-23 – 0 COMMENTS – 16 MAILING LABELS 28. CL2#030-23 – 0 COMMENTS – 42 MAILING LABELS 29. CL2#031-23 – 1 COMMENTS – 50 MAILING LABELS 30. CL2#032-23 – 3 COMMENTS – 50 MAILING LABELS 31. CL2#033-23 – 3 COMMENTS – 32 MAILING LABELS 32. CL2#034-23 – 1 COMMENTS – 47 MAILING LABELS 33. CL2#035-23 – 1 COMMENTS – 15 MAILING LABELS 34. CL2#036-23 – 0 COMMENTS – 31 MAILING LABELS 35. CL2#037-23 – 1 COMMENTS – 47 MAILING LABELS 36. CL2#038-23 – 4 COMMENTS – 32 MAILING LABELS (HAD PLP, SEPA, & TCO) 37. CL2#039-23 – 0 COMMENTS – 37 MAILING LABELS 38. CL2#040-23 – 0 COMMENTS – 25 MAILING LABELS 39. CL2#041-23 – 1 COMMENTS – 33 MAILING LABELS 40. CL2#042-23 – 0 COMMENTS – 49 MAILING LABELS 41. CL2#043-23 – 0 COMMENTS – 43 MAILING LABELS 42. CL2#044-23 – 0 COMMENTS – 61 MAILING LABELS 43. CL2#045-23 – 0 COMMENTS – 52 MAILING LABELS 44. CL2#046-23 – 0 COMMENTS – 47 MAILING LABELS 45. CL2#047-23 – CANCELLED 46. CL2#048-23 – 0 COMMENTS – 40 MAILING LABELS 47. CL2#049-23 – 0 COMMENTS – 42 MAILING LABELS 48. CL2#050-23 – 0 COMMENTS – 25 MAILING LABELS 49. CL2#051-23 – 0 COMMENTS – 34 MAILING LABELS 50. CL2#052-23 – 1 COMMENTS – 36 MAILING LABELS 51. CL2#053-23 – 0 COMMENTS – 28 MAILING LABELS 52. CL2#054-23 – 1 COMMENTS – 60 MAILING LABELS 53. CL2#055-23 – 0 COMMENTS – 57 MAILING LABELS Page 65 54. CL2#056-23 – 0 COMMENTS – 54 MAILING LABELS Page 66 CERTIFICATION OF ENROLLMENT SECOND SUBSTITUTE SENATE BILL 5290 Chapter 338, Laws of 2023 68th Legislature 2023 Regular Session PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes effect January 1, 2025. Passed by the Senate April 17, 2023 Yeas 47 Nays 0 DENNY HECK President of the Senate Passed by the House April 10, 2023 Yeas 98 Nays 0 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5290 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 8, 2023 1:17 PM FILED May 10, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington Page 67 AN ACT Relating to consolidating local permit review processes;1 amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and2 36.70B.160; reenacting and amending RCW 36.70B.110; adding new3 sections to chapter 36.70B RCW; creating new sections; and providing4 an effective date.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6 Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to7 read as follows:8 (1)A local government by ordinance or resolution may exclude the9 following project permits from the provisions of RCW 36.70B.06010 through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark11 designations, street vacations, or other approvals relating to the12 use of public areas or facilities, or other project permits, whether13 administrative or quasi-judicial, that the local government by14 ordinance or resolution has determined present special circumstances15 that warrant a review process or time periods for approval which are16 different from that provided in RCW 36.70B.060 through 36.70B.090 and17 36.70B.110 through 36.70B.130.18 (2)A local government by ordinance or resolution also may19 exclude the following project permits from the provisions of RCW20 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary21 SECOND SUBSTITUTE SENATE BILL 5290 AS AMENDED BY THE HOUSE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Senate Ways & Means (originally sponsored by Senators Mullet, Kuderer, Fortunato, Liias, Nobles, Saldaña, and C. Wilson; by request of Office of the Governor) READ FIRST TIME 02/24/23. p. 1 2SSB 5290.SL Page 68 adjustments and building and other construction permits, or similar1 administrative approvals, categorically exempt from environmental2 review under chapter 43.21C RCW, or for which environmental review3 has been completed in connection with other project permits.4 (3)A local government must exclude project permits for interior5 alterations from site plan review, provided that the interior6 alterations do not result in the following:7 (a)Additional sleeping quarters or bedrooms;8 (b)Nonconformity with federal emergency management agency9 substantial improvement thresholds; or10 (c)Increase the total square footage or valuation of the11 structure thereby requiring upgraded fire access or fire suppression12 systems.13 (4)Nothing in this section exempts interior alterations from14 otherwise applicable building, plumbing, mechanical, or electrical15 codes.16 (5)For purposes of this section, "interior alterations" include17 construction activities that do not modify the existing site layout18 or its current use and involve no exterior work adding to the19 building footprint.20 NEW SECTION. Sec. 2. A new section is added to chapter 36.70B21 RCW to read as follows:22 (1)Subject to the availability of funds appropriated for this23 specific purpose, the department of commerce must establish a24 consolidated permit review grant program. The department may award25 grants to any local government that provides, by ordinance,26 resolution, or other action, a commitment to the following building27 permit review consolidation requirements:28 (a)Issuing final decisions on residential permit applications29 within 45 business days or 90 calendar days.30 (i)To achieve permit review within the stated time periods, a31 local government must provide consolidated review for building permit32 applications. This may include an initial technical peer review of33 the application for conformity with the requirements of RCW34 36.70B.070 by all departments, divisions, and sections of the local35 government with jurisdiction over the project.36 (ii)A local government may contract with a third-party business37 to conduct the consolidated permit review or as additional inspection38 p. 2 2SSB 5290.SL Page 69 staff. Any funds expended for such a contract may be eligible for1 reimbursement under this act.2 (iii)Local governments are authorized to use grant funds to3 contract outside assistance to audit their development regulations to4 identify and correct barriers to housing development.5 (b)Establishing an application fee structure that would allow6 the jurisdiction to continue providing consolidated permit review7 within 45 business days or 90 calendar days.8 (i)A local government may consult with local building9 associations to develop a reasonable fee system.10 (ii)A local government must determine, no later than July 1,11 2024, the specific fee structure needed to provide permit review12 within the time periods specified in this subsection (1)(b).13 (2)A jurisdiction that is awarded a grant under this section14 must provide a quarterly report to the department of commerce. The15 report must include the average and maximum time for permit review16 during the jurisdiction's participation in the grant program.17 (3)If a jurisdiction is unable to successfully meet the terms18 and conditions of the grant, the jurisdiction must enter a 90-day19 probationary period. If the jurisdiction is not able to meet the20 requirements of this section by the end of the probationary period,21 the jurisdiction is no longer eligible to receive grants under this22 section.23 (4)For the purposes of this section, "residential permit" means24 a permit issued by a city or county that satisfies the conditions of25 RCW 19.27.015(5) and is within the scope of the international26 residential code, as adopted in accordance with chapter 19.27 RCW.27 NEW SECTION. Sec. 3. A new section is added to chapter 36.70B28 RCW to read as follows:29 (1)Subject to the availability of funds appropriated for this30 specific purpose, the department of commerce must establish a grant31 program for local governments to update their permit review process32 from paper filing systems to software systems capable of processing33 digital permit applications, virtual inspections, electronic review,34 and with capacity for video storage.35 (2)The department of commerce may only provide a grant under36 this section to a city if the city allows for the development of at37 least two units per lot on all lots zoned predominantly for38 residential use within its jurisdiction.39 p. 3 2SSB 5290.SL Page 70 NEW SECTION. Sec. 4. A new section is added to chapter 36.70B1 RCW to read as follows:2 (1)Subject to the availability of amounts appropriated for this3 specific purpose, the department of commerce must convene a digital4 permitting process work group to examine potential license and5 permitting software for local governments to encourage streamlined6 and efficient permit review.7 (2)The department of commerce, in consultation with the8 association of Washington cities and Washington state association of9 counties, shall appoint members to the work group representing groups10 including but not limited to:11 (a)Cities and counties;12 (b)Building industries; and13 (c)Building officials.14 (3)The department of commerce must convene the first meeting of15 the work group by August 1, 2023. The department must submit a final16 report to the governor and the appropriate committees of the17 legislature by August 1, 2024. The final report must:18 (a)Evaluate the existing need for digital permitting systems,19 including impacts on existing digital permitting systems that are20 already in place;21 (b)Review barriers preventing local jurisdictions from accessing22 or adopting digital permitting systems;23 (c)Evaluate the benefits and costs associated with a statewide24 permitting software system; and25 (d)Provide budgetary, administrative policy, and legislative26 recommendations to increase the adoption of or establish a statewide27 system of digital permit review.28 Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to29 read as follows:30 Unless the context clearly requires otherwise, the definitions in31 this section apply throughout this chapter.32 (1)"Closed record appeal" means an administrative appeal on the33 record to a local government body or officer, including the34 legislative body, following an open record hearing on a project35 permit application when the appeal is on the record with no or36 limited new evidence or information allowed to be submitted and only37 appeal argument allowed.38 (2)"Local government" means a county, city, or town.39 p. 4 2SSB 5290.SL Page 71 (3)"Open record hearing" means a hearing, conducted by a single1 hearing body or officer authorized by the local government to conduct2 such hearings, that creates the local government's record through3 testimony and submission of evidence and information, under4 procedures prescribed by the local government by ordinance or5 resolution. An open record hearing may be held prior to a local6 government's decision on a project permit to be known as an "open7 record predecision hearing." An open record hearing may be held on an8 appeal, to be known as an "open record appeal hearing," if no open9 record predecision hearing has been held on the project permit.10 (4)"Project permit" or "project permit application" means any11 land use or environmental permit or license required from a local12 government for a project action, including but not limited to13 ((building permits,)) subdivisions, binding site plans, planned unit14 developments, conditional uses, shoreline substantial development15 permits, site plan review, permits or approvals required by critical16 area ordinances, site-specific rezones ((authorized by a17 comprehensive plan or subarea plan)) which do not require a18 comprehensive plan amendment, but excluding the adoption or amendment19 of a comprehensive plan, subarea plan, or development regulations20 except as otherwise specifically included in this subsection.21 (5)"Public meeting" means an informal meeting, hearing,22 workshop, or other public gathering of people to obtain comments from23 the public or other agencies on a proposed project permit prior to24 the local government's decision. A public meeting may include, but is25 not limited to, a design review or architectural control board26 meeting, a special review district or community council meeting, or a27 scoping meeting on a draft environmental impact statement. A public28 meeting does not include an open record hearing. The proceedings at a29 public meeting may be recorded and a report or recommendation may be30 included in the local government's project permit application file.31 Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to32 read as follows:33 (1)(a) Within ((twenty-eight)) 28 days after receiving a project34 permit application, a local government planning pursuant to RCW35 36.70A.040 shall ((mail or)) provide ((in person)) a written36 determination to the applicant((, stating)).37 (b)The written determination must state either:38 (((a))) (i) That the application is complete; or39 p. 5 2SSB 5290.SL Page 72 (((b))) (ii) That the application is incomplete and that the1 procedural submission requirements of the local government have not2 been met. The determination shall outline what is necessary to make3 the application procedurally complete.4 (c)The number of days shall be calculated by counting every5 calendar day.6 (d)To the extent known by the local government, the local7 government shall identify other agencies of local, state, or federal8 governments that may have jurisdiction over some aspect of the9 application.10 (2)A project permit application is complete for purposes of this11 section when it meets the procedural submission requirements of the12 local government ((and is sufficient for continued processing even13 though additional information may be required or project14 modifications may be undertaken subsequently)), as outlined on the15 project permit application. Additional information or studies may be16 required or project modifications may be undertaken subsequent to the17 procedural review of the application by the local government. The18 determination of completeness shall not preclude the local government19 from requesting additional information or studies either at the time20 of the notice of completeness or subsequently if new information is21 required or substantial changes in the proposed action occur.22 However, if the procedural submission requirements, as outlined on23 the project permit application have been provided, the need for24 additional information or studies may not preclude a completeness25 determination.26 (3)The determination of completeness may include or be combined27 with the following ((as optional information)):28 (a)A preliminary determination of those development regulations29 that will be used for project mitigation;30 (b)A preliminary determination of consistency, as provided under31 RCW 36.70B.040; ((or))32 (c)Other information the local government chooses to include; or33 (d)The notice of application pursuant to the requirements in RCW34 36.70B.110.35 (4)(a) An application shall be deemed procedurally complete on36 the 29th day after receiving a project permit application under this37 section if the local government does not provide a written38 determination to the applicant that the application is procedurally39 incomplete as provided in subsection (1)(b)(ii) of this section. When40 p. 6 2SSB 5290.SL Page 73 the local government does not provide a written determination, they1 may still seek additional information or studies as provided for in2 subsection (2) of this section.3 (b)Within ((fourteen)) 14 days after an applicant has submitted4 to a local government additional information identified by the local5 government as being necessary for a complete application, the local6 government shall notify the applicant whether the application is7 complete or what additional information is necessary.8 (c)The notice of application shall be provided within 14 days9 after the determination of completeness pursuant to RCW 36.70B.110.10 Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to11 read as follows:12 (1)(a) Development regulations adopted pursuant to RCW 36.70A.04013 must establish and implement time periods for local government14 actions for each type of project permit application and provide15 timely and predictable procedures to determine whether a completed16 project permit application meets the requirements of those17 development regulations. The time periods for local government18 actions for each type of complete project permit application or19 project type should not exceed ((one hundred twenty days, unless the20 local government makes written findings that a specified amount of21 additional time is needed to process specific complete project permit22 applications or project types)) those specified in this section.23 ((The)) (b) For project permits submitted after January 1, 2025,24 the development regulations must, for each type of permit25 application, specify the contents of a completed project permit26 application necessary for the complete compliance with the time27 periods and procedures.28 (((2))) (c) A jurisdiction may exclude certain permit types and29 timelines for processing project permit applications as provided for30 in RCW 36.70B.140.31 (d)The time periods for local government action to issue a final32 decision for each type of complete project permit application or33 project type subject to this chapter should not exceed the following34 time periods unless modified by the local government pursuant to this35 section or RCW 36.70B.140:36 (i)For project permits which do not require public notice under37 RCW 36.70B.110, a local government must issue a final decision within38 65 days of the determination of completeness under RCW 36.70B.070;39 p. 7 2SSB 5290.SL Page 74 (ii)For project permits which require public notice under RCW1 36.70B.110, a local government must issue a final decision within 1002 days of the determination of completeness under RCW 36.70B.070; and3 (iii)For project permits which require public notice under RCW4 36.70B.110 and a public hearing, a local government must issue a5 final decision within 170 days of the determination of completeness6 under RCW 36.70B.070.7 (e)A jurisdiction may modify the provisions in (d) of this8 subsection to add permit types not identified, change the permit9 names or types in each category, address how consolidated review time10 periods may be different than permits submitted individually, and11 provide for how projects of a certain size or type may be12 differentiated, including by differentiating between residential and13 nonresidential permits. Unless otherwise provided for the14 consolidated review of more than one permit, the time period for a15 final decision shall be the longest of the permit time periods16 identified in (d) of this subsection or as amended by a local17 government.18 (f)If a local government does not adopt an ordinance or19 resolution modifying the provisions in (d) of this subsection, the20 time periods in (d) of this subsection apply.21 (g)The number of days an application is in review with the22 county or city shall be calculated from the day completeness is23 determined under RCW 36.70B.070 to the date a final decision is24 issued on the project permit application. The number of days shall be25 calculated by counting every calendar day and excluding the following26 time periods:27 (i)Any period between the day that the county or city has28 notified the applicant, in writing, that additional information is29 required to further process the application and the day when30 responsive information is resubmitted by the applicant;31 (ii)Any period after an applicant informs the local government,32 in writing, that they would like to temporarily suspend review of the33 project permit application until the time that the applicant notifies34 the local government, in writing, that they would like to resume the35 application. A local government may set conditions for the temporary36 suspension of a permit application; and37 (iii)Any period after an administrative appeal is filed until38 the administrative appeal is resolved and any additional time period39 provided by the administrative appeal has expired.40 p. 8 2SSB 5290.SL Page 75 (h)The time periods for a local government to process a permit1 shall start over if an applicant proposes a change in use that adds2 or removes commercial or residential elements from the original3 application that would make the application fail to meet the4 determination of procedural completeness for the new use, as required5 by the local government under RCW 36.70B.070.6 (i)If, at any time, an applicant informs the local government,7 in writing, that the applicant would like to temporarily suspend the8 review of the project for more than 60 days, or if an applicant is9 not responsive for more than 60 consecutive days after the county or10 city has notified the applicant, in writing, that additional11 information is required to further process the application, an12 additional 30 days may be added to the time periods for local13 government action to issue a final decision for each type of project14 permit that is subject to this chapter. Any written notice from the15 local government to the applicant that additional information is16 required to further process the application must include a notice17 that nonresponsiveness for 60 consecutive days may result in 30 days18 being added to the time for review. For the purposes of this19 subsection, "nonresponsiveness" means that an applicant is not making20 demonstrable progress on providing additional requested information21 to the local government, or that there is no ongoing communication22 from the applicant to the local government on the applicant's ability23 or willingness to provide the additional information.24 (j)Annual amendments to the comprehensive plan are not subject25 to the requirements of this section.26 (k)A county's or city's adoption of a resolution or ordinance to27 implement this subsection shall not be subject to appeal under28 chapter 36.70A RCW unless the resolution or ordinance modifies the29 time periods provided in (d) of this subsection by providing for a30 review period of more than 170 days for any project permit.31 (l)(i) When permit time periods provided for in (d) of this32 subsection, as may be amended by a local government, and as may be33 extended as provided for in (i) of this subsection, are not met, a34 portion of the permit fee must be refunded to the applicant as35 provided in this subsection. A local government may provide for the36 collection of only 80 percent of a permit fee initially, and for the37 collection of the remaining balance if the permitting time periods38 are met. The portion of the fee refunded for missing time periods39 shall be:40 p. 9 2SSB 5290.SL Page 76 (A)10 percent if the final decision of the project permit1 application was made after the applicable deadline but the period2 from the passage of the deadline to the time of issuance of the final3 decision did not exceed 20 percent of the original time period; or4 (B)20 percent if the period from the passage of the deadline to5 the time of the issuance of the final decision exceeded 20 percent of6 the original time period.7 (ii)Except as provided in RCW 36.70B.160, the provisions in8 subsection (l)(i) of this section are not applicable to cities and9 counties which have implemented at least three of the options in RCW10 36.70B.160(1) (a) through (j) at the time an application is deemed11 procedurally complete.12 (2)(a) Counties subject to the requirements of RCW 36.70A.215 and13 the cities within those counties that have populations of at least14 ((twenty thousand)) 20,000 must, for each type of permit application,15 identify the total number of project permit applications for which16 decisions are issued according to the provisions of this chapter. For17 each type of project permit application identified, these counties18 and cities must establish and implement a deadline for issuing a19 notice of final decision as required by subsection (1) of this20 section and minimum requirements for applications to be deemed21 complete under RCW 36.70B.070 as required by subsection (1) of this22 section.23 (b)Counties and cities subject to the requirements of this24 subsection also must prepare an annual performance report((s)) that25 ((include, at a minimum, the following information for each type of26 project permit application identified in accordance with the27 requirements of (a) of this subsection:28 (i)Total number of complete applications received during the29 year;30 (ii)Number of complete applications received during the year for31 which a notice of final decision was issued before the deadline32 established under this subsection;33 (iii)Number of applications received during the year for which a34 notice of final decision was issued after the deadline established35 under this subsection;36 (iv)Number of applications received during the year for which an37 extension of time was mutually agreed upon by the applicant and the38 county or city;39 p. 10 2SSB 5290.SL Page 77 (v)Variance of actual performance, excluding applications for1 which mutually agreed time extensions have occurred, to the deadline2 established under this subsection during the year; and3 (vi)The mean processing time and the number standard deviation4 from the mean.5 (c)Counties and cities subject to the requirements of this6 subsection must:7 (i)Provide notice of and access to the annual performance8 reports through the county's or city's website; and9 (ii)Post electronic facsimiles of the annual performance reports10 through the county's or city's website. Postings on a county's or11 city's website indicating that the reports are available by12 contacting the appropriate county or city department or official do13 not comply with the requirements of this subsection.14 If a county or city subject to the requirements of this15 subsection does not maintain a website, notice of the reports must be16 given by reasonable methods, including but not limited to those17 methods specified in RCW 36.70B.110(4).18 (3))) includes information outlining time periods for certain19 permit types associated with housing. The report must provide:20 (i)Permit time periods for certain permit processes in the21 county or city in relation to those established under this section,22 including whether the county or city has established shorter time23 periods than those provided in this section;24 (ii)The total number of decisions issued during the year for the25 following permit types: Preliminary subdivisions, final subdivisions,26 binding site plans, permit processes associated with the approval of27 multifamily housing, and construction plan review for each of these28 permit types when submitted separately;29 (iii)The total number of decisions for each permit type which30 included consolidated project permit review, such as concurrent31 review of a rezone or construction plans;32 (iv)The average number of days from a submittal to a decision33 being issued for the project permit types listed in subsection34 (2)(a)(ii) of this section. This shall be calculated from the day35 completeness is determined under RCW 36.70B.070 to the date a36 decision is issued on the application. The number of days shall be37 calculated by counting every calendar day;38 (v)The total number of days each project permit application of a39 type listed in subsection (2)(a)(ii) of this section was in review40 p. 11 2SSB 5290.SL Page 78 with the county or city. This shall be calculated from the day1 completeness is determined under RCW 36.70B.070 to the date a final2 decision is issued on the application. The number of days shall be3 calculated by counting every calendar day. The days the application4 is in review with the county or city does not include the time5 periods in subsection (1)(g)(i)-(iii) of this section;6 (vi)The total number of days that were excluded from the time7 period calculation under subsection (1)(g)(i)-(iii) of this section8 for each project permit application of a type listed in subsection9 (2)(a)(ii) of this section.10 (c)Counties and cities subject to the requirements of this11 subsection must:12 (i)Post the annual performance report through the county's or13 city's website; and14 (ii)Submit the annual performance report to the department of15 commerce by March 1st each year.16 (d)No later than July 1st each year, the department of commerce17 shall publish a report which includes the annual performance report18 data for each county and city subject to the requirements of this19 subsection and a list of those counties and cities whose time periods20 are shorter than those provided for in this section.21 The annual report must also include key metrics and findings from22 the information collected.23 (e)The initial annual report required under this subsection must24 be submitted to the department of commerce by March 1, 2025, and must25 include information from permitting in 2024.26 (3)Nothing in this section prohibits a county or city from27 extending a deadline for issuing a decision for a specific project28 permit application for any reasonable period of time mutually agreed29 upon by the applicant and the local government.30 (((4) The department of community, trade, and economic31 development shall work with the counties and cities to review the32 potential implementation costs of the requirements of subsection (2)33 of this section. The department, in cooperation with the local34 governments, shall prepare a report summarizing the projected costs,35 together with recommendations for state funding assistance for36 implementation costs, and provide the report to the governor and37 appropriate committees of the senate and house of representatives by38 January 1, 2005.))39 p. 12 2SSB 5290.SL Page 79 Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to1 read as follows:2 (1)Each local government is encouraged to adopt further project3 review and code provisions to provide prompt, coordinated review and4 ensure accountability to applicants and the public((, including5 expedited review for project permit applications for projects that6 are consistent with adopted development regulations and within the7 capacity of systemwide infrastructure improvements)) by:8 (a)Expediting review for project permit applications for9 projects that are consistent with adopted development regulations;10 (b)Imposing reasonable fees, consistent with RCW 82.02.020, on11 applicants for permits or other governmental approvals to cover the12 cost to the city, town, county, or other municipal corporation of13 processing applications, inspecting and reviewing plans, or preparing14 detailed statements required by chapter 43.21C RCW. The fees imposed15 may not include a fee for the cost of processing administrative16 appeals. Nothing in this subsection limits the ability of a county or17 city to impose a fee for the processing of administrative appeals as18 otherwise authorized by law;19 (c)Entering into an interlocal agreement with another20 jurisdiction to share permitting staff and resources;21 (d)Maintaining and budgeting for on-call permitting assistance22 for when permit volumes or staffing levels change rapidly;23 (e)Having new positions budgeted that are contingent on24 increased permit revenue;25 (f)Adopting development regulations which only require public26 hearings for permit applications that are required to have a public27 hearing by statute;28 (g)Adopting development regulations which make preapplication29 meetings optional rather than a requirement of permit application30 submittal;31 (h)Adopting development regulations which make housing types an32 outright permitted use in all zones where the housing type is33 permitted;34 (i)Adopting a program to allow for outside professionals with35 appropriate professional licenses to certify components of36 applications consistent with their license; or37 (j)Meeting with the applicant to attempt to resolve outstanding38 issues during the review process. The meeting must be scheduled39 within 14 days of a second request for corrections during permit40 p. 13 2SSB 5290.SL Page 80 review. If the meeting cannot resolve the issues and a local1 government proceeds with a third request for additional information2 or corrections, the local government must approve or deny the3 application upon receiving the additional information or corrections.4 (2)(a) After January 1, 2026, a county or city must adopt5 additional measures under subsection (1) of this section at the time6 of its next comprehensive plan update under RCW 36.70A.130 if it7 meets the following conditions:8 (i)The county or city has adopted at least three project review9 and code provisions under subsection (1) of this section more than10 five years prior; and11 (ii)The county or city is not meeting the permitting deadlines12 established in RCW 36.70B.080 at least half of the time over the13 period since its most recent comprehensive plan update under RCW14 36.70A.130.15 (b)A city or county that is required to adopt new measures under16 (a) of this subsection but fails to do so becomes subject to the17 provisions of RCW 36.70B.080(1)(l), notwithstanding RCW18 36.70B.080(1)(l)(ii).19 (((2))) (3) Nothing in this chapter is intended or shall be20 construed to prevent a local government from requiring a21 preapplication conference or a public meeting by rule, ordinance, or22 resolution.23 (((3))) (4) Each local government shall adopt procedures to24 monitor and enforce permit decisions and conditions.25 (((4))) (5) Nothing in this chapter modifies any independent26 statutory authority for a government agency to appeal a project27 permit issued by a local government.28 NEW SECTION. Sec. 9. A new section is added to chapter 36.70B29 RCW to read as follows:30 (1)The department of commerce shall develop and provide31 technical assistance and guidance to counties and cities in setting32 fee structures under RCW 36.70B.160(1) to ensure that the fees are33 reasonable and sufficient to recover true costs. The guidance must34 include information on how to utilize growth factors or other35 measures to reflect cost increases over time.36 (2)When providing technical assistance under subsection (1) of37 this section, the department of commerce must prioritize local38 p. 14 2SSB 5290.SL Page 81 governments that have implemented at least three of the options in1 RCW 36.70B.160(1).2 Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 13 are each reenacted and amended to read as follows:4 (1)Not later than April 1, 1996, a local government planning5 under RCW 36.70A.040 shall provide a notice of application to the6 public and the departments and agencies with jurisdiction as provided7 in this section. If a local government has made a threshold8 determination under chapter 43.21C RCW concurrently with the notice9 of application, the notice of application may be combined with the10 threshold determination and the scoping notice for a determination of11 significance. Nothing in this section prevents a determination of12 significance and scoping notice from being issued prior to the notice13 of application. Nothing in this section or this chapter prevents a14 lead agency, when it is a project proponent or is funding a project,15 from conducting its review under chapter 43.21C RCW or from allowing16 appeals of procedural determinations prior to submitting a project17 permit ((application)).18 (2)The notice of application shall be provided within19 ((fourteen)) 14 days after the determination of completeness as20 provided in RCW 36.70B.070 and, except as limited by the provisions21 of subsection (4)(b) of this section, ((shall)) must include the22 following in whatever sequence or format the local government deems23 appropriate:24 (a)The date of application, the date of the notice of completion25 for the application, and the date of the notice of application;26 (b)A description of the proposed project action and a list of27 the project permits included in the application and, if applicable, a28 list of any studies requested under RCW 36.70B.070 ((or 36.70B.090));29 (c)The identification of other permits not included in the30 application to the extent known by the local government;31 (d)The identification of existing environmental documents that32 evaluate the proposed project, and, if not otherwise stated on the33 document providing the notice of application, such as a city land use34 bulletin, the location where the application and any studies can be35 reviewed;36 (e)A statement of the public comment period, which shall be not37 less than fourteen nor more than thirty days following the date of38 notice of application, and statements of the right of any person to39 p. 15 2SSB 5290.SL Page 82 comment on the application, receive notice of and participate in any1 hearings, request a copy of the decision once made, and any appeal2 rights. A local government may accept public comments at any time3 prior to the closing of the record of an open record predecision4 hearing, if any, or, if no open record predecision hearing is5 provided, prior to the decision on the project permit;6 (f)The date, time, place, and type of hearing, if applicable and7 scheduled at the date of notice of the application;8 (g)A statement of the preliminary determination, if one has been9 made at the time of notice, of those development regulations that10 will be used for project mitigation and of consistency as provided in11 RCW 36.70B.030(2) and 36.70B.040; and12 (h)Any other information determined appropriate by the local13 government.14 (3)If an open record predecision hearing is required for the15 requested project permits, the notice of application shall be16 provided at least fifteen days prior to the open record hearing.17 (4)A local government shall use reasonable methods to give the18 notice of application to the public and agencies with jurisdiction19 and may use its existing notice procedures. A local government may20 use different types of notice for different categories of project21 permits or types of project actions. If a local government by22 resolution or ordinance does not specify its method of public notice,23 the local government shall use the methods provided for in (a) and24 (b) of this subsection. Examples of reasonable methods to inform the25 public are:26 (a)Posting the property for site-specific proposals;27 (b)Publishing notice, including at least the project location,28 description, type of permit(s) required, comment period dates, and29 location where the notice of application required by subsection (2)30 of this section and the complete application may be reviewed, in the31 newspaper of general circulation in the general area where the32 proposal is located or in a local land use newsletter published by33 the local government;34 (c)Notifying public or private groups with known interest in a35 certain proposal or in the type of proposal being considered;36 (d)Notifying the news media;37 (e)Placing notices in appropriate regional or neighborhood38 newspapers or trade journals;39 p. 16 2SSB 5290.SL Page 83 (f)Publishing notice in agency newsletters or sending notice to1 agency mailing lists, either general lists or lists for specific2 proposals or subject areas; and3 (g)Mailing to neighboring property owners.4 (5)A notice of application shall not be required for project5 permits that are categorically exempt under chapter 43.21C RCW,6 unless an open record predecision hearing is required or an open7 record appeal hearing is allowed on the project permit decision.8 (6)A local government shall integrate the permit procedures in9 this section with ((its)) environmental review under chapter 43.21C10 RCW as follows:11 (a)Except for a threshold determination and except as otherwise12 expressly allowed in this section, the local government may not issue13 a decision or a recommendation on a project permit until the14 expiration of the public comment period on the notice of application.15 (b)If an open record predecision hearing is required, the local16 government shall issue its threshold determination at least fifteen17 days prior to the open record predecision hearing.18 (c)Comments shall be as specific as possible.19 (d)A local government is not required to provide for20 administrative appeals of its threshold determination. If provided,21 an administrative appeal ((shall)) must be filed within fourteen days22 after notice that the determination has been made and is appealable.23 Except as otherwise expressly provided in this section, the appeal24 hearing on a threshold determination ((of nonsignificance shall))25 must be consolidated with any open record hearing on the project26 permit.27 (7)At the request of the applicant, a local government may28 combine any hearing on a project permit with any hearing that may be29 held by another local, state, regional, federal, or other agency, if:30 (a)The hearing is held within the geographic boundary of the31 local government; and32 (b)((The joint hearing can be held within the time periods33 specified in RCW 36.70B.090 or the)) The applicant agrees to the34 schedule in the event that additional time is needed in order to35 combine the hearings. All agencies of the state of Washington,36 including municipal corporations and counties participating in a37 combined hearing, are hereby authorized to issue joint hearing38 notices and develop a joint format, select a mutually acceptable39 hearing body or officer, and take such other actions as may be40 p. 17 2SSB 5290.SL Page 84 necessary to hold joint hearings consistent with each of their1 respective statutory obligations.2 (8)All state and local agencies shall cooperate to the fullest3 extent possible with the local government in holding a joint hearing4 if requested to do so, as long as:5 (a)The agency is not expressly prohibited by statute from doing6 so;7 (b)Sufficient notice of the hearing is given to meet each of the8 agencies' adopted notice requirements as set forth in statute,9 ordinance, or rule; and10 (c)The agency has received the necessary information about the11 proposed project from the applicant to hold its hearing at the same12 time as the local government hearing.13 (9)A local government is not required to provide for14 administrative appeals. If provided, an administrative appeal of the15 project decision and of any environmental determination issued at the16 same time as the project decision, shall be filed within fourteen17 days after the notice of the decision or after other notice that the18 decision has been made and is appealable. The local government shall19 extend the appeal period for an additional seven days, if state or20 local rules adopted pursuant to chapter 43.21C RCW allow public21 comment on a determination of nonsignificance issued as part of the22 appealable project permit decision.23 (10)The applicant for a project permit is deemed to be a24 participant in any comment period, open record hearing, or closed25 record appeal.26 (11)Each local government planning under RCW 36.70A.040 shall27 adopt procedures for administrative interpretation of its development28 regulations.29 NEW SECTION. Sec. 11. The department of commerce shall develop30 a template for counties and cities subject to the requirements in RCW31 36.70B.080, which will be utilized for reporting data.32 NEW SECTION. Sec. 12. The department of commerce shall develop33 a plan to provide local governments with appropriately trained staff34 to provide temporary support or hard to find expertise for timely35 processing of residential housing permit applications. The plan shall36 include consideration of how local governments can be provided with37 staff that have experience with providing substitute staff support or38 p. 18 2SSB 5290.SL Page 85 that possess expertise in permitting policies and regulations in the1 local government's geographic area or with jurisdictions of the local2 government's size or population. The plan and a proposal for3 implementation shall be presented to the legislature by December 1,4 2023.5 NEW SECTION. Sec. 13. Section 7 of this act takes effect6 January 1, 2025.7 Passed by the Senate April 17, 2023. Passed by the House April 10, 2023. Approved by the Governor May 8, 2023. Filed in Office of Secretary of State May 10, 2023. --- END --- p. 19 2SSB 5290.SL Page 86