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HomeMy WebLinkAboutR-2016-113 Multi-Phase Ministorage Complex Development Agreement with Storage Investments, LLCRESOLUTION NO. R-2016-113 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Storage Investments, LLC. (here after "Storage Investments") to provide for the terms and conditions of development of a multi -phase ministorage complex to be located at 8102 and 8104 Nob Hill Blvd., in the City of Yakima WHEREAS, the City of Yakima (herein after "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits, and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B 170 and 36 70B 210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Local Business (B-2); and WHEREAS, Developer has obtained development rights for two parcels of approximately 3.15 acres located at 8102 and 8104 Nob Hill Blvd., Yakima, Washington (the "property"); legally described in Exhibits A and B, as set forth in full in the attached development agreement; and WHEREAS, on September 30, 2013, the applicant Storage Investments submitted an application for a Type (3), Administrative Adjustment, and State Environmental Policy Act (SEPA) Review for the phased development of a 56,575 sq. ft. 550 -residential ministorage unit complex located at 8102 and 8104 Nob Hill Blvd. (City File Numbers CL3#003-13, ADJ#006-13; & SEPA#020-13), (the "Project"), and WHEREAS, the specific proposed use of the property identified by Developer is that of a residential ministorage, and WHEREAS, on December 3, 2013, the City issued a Notice of Application and Environmental Review for the Project; and WHEREAS, the City issued a Determination of Non -Significance (DNS) on the Project on December 30, 2013, with the appeal period lapsing on January 13, 2014, with no appeals filed; and WHEREAS, Developer intends to take appropriate steps to comply with environmental and land use requirements related to development of the property; and WHEREAS, on January 23, 2014, the Hearing Examiner held an open record hearing in consideration of the Project; and WHEREAS, on February 10, 2014, the Hearing Examiner issued his land use decision of approval subject to conditions; and WHEREAS, on January 16, 2015, the Developer submitted a Modification application (City File Number MOD#002-15) to the City of Yakima Planning Division requesting to increasing the driveway width by one ft. and decreasing the total number of buildings to be constructed from 11 to 10; and WHEREAS, on January 30, 2015, the City of Yakima Planning Division approved the Developer's Modification application, WHEREAS, on January 20, 2016, the City of Yakima Planning Division granted an extension of the Developer's land use approvals with an expiration date of January 30, 2017; and WHEREAS, on June 8, 2016, the Developer determined that additional time would be necessary to develop the proposed Project, submitted the attached development agreement, and requested that the Yakima City Council hold a public hearing to consider said agreement; and WHEREAS, both the City Planning Division and Legal Department have reviewed the proposed development agreement and found that said agreement appropriately incorporates all conditions of approvals set forth in land use approvals CL3#003-13, ADJ#006-13; SEPA#020-13 , MOD#002-15, and provides for an reasonable development term of twenty years; and WHEREAS, on September 20, 2016, after notice duly given according to the requirements of the City of Yakima Municipal Code, the City Council held a public hearing to consider the submitted development agreement; and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decisions for the execution of a development agreement between Storage Investments and the City to implement the conditions set forth in the Final Decisions; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decisions, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Storage Investments Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL this 20th day of September, 2016. ATTEST. yor Sonya claar Tee, City Clerk Return Address: David L. Hoeger 410 Aeroview Yakima, WA 98908 Document 1 Title: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF YAKIMA AND STORAGE INVESTMENTS, LLC Reference #'s: Additional reference #'s on page Grantors: Grantees: Additional grantors on page Additional grantees on page Legal Description (abbreviated form: i.e. lot, block, plat or S,T,R quarter/quarter): 181330-41001: The North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM; Except the North 8.5 feet for road; And Except the West 263.7 feet thereof; And Except the right of way for road along the East line thereof. Situated in Yakima County, State of Washington. Commonly known as 8102 W NOB HILL BLVD, Yakima, Washington 98908 181330-41002: The East 64 feet of the following -described property: That portion of the North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM, described as follows: Beginning at a point 397 feet West of the Northeast corner of said subdivision; Thence West along the North line thereof 263.7 feet, more or less, to the Northwest corner of said subdivision; Thence South along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of said subdivision; Thence East along the South line 263.7 feet; Thence North 0°28' East 330.4 feet to the point of beginning. Situated in Yakima County, State of Washington. Commonly known as 8104 W NOB HILL BLVD, Yakima, Washington 98908 Assessor's Property Tax Parcel/Account Number: 181330-41001,181330-41002 Signature: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF YAKIMA AND STORAGE INVESTMENTS, LLC THIS DEVELOPMENT AGREEMENT is made and entered into this day of 2016, by and between the City of Yakima, a Washington municipal corporation, hereinafter the "City," and Storage Investments, LLC , a Washington limited liability company hereinafter the "Developer." RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement may set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, for the purposes of this development agreement, "development standards" includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, this Development Agreement by and between the City of Yakima and the Developer (hereinafter the "Development Agreement") relates to a proposed residential mini -storage complex on two parcels located at 8102 and 8104 West Nob Hill Boulevard, Yakima, WA (Assessor Parcel Nos. 181330-41001 and -41002) ("Project"); and WHEREAS, the Project was reviewed pursuant to Type 3 review and approved by Hearing Examiner subject to conditions in Hearing Examiner's Decision, dated February 6, 2014 (CL3 #003-13; ADJ #006- 13; and SEPA #020-13) (hereinafter "Hearing Examiner's Decision"), such decision authorizing the proposed residential mini -storage in the Local Business (B-2) zoning district subject to specific conditions and directing that the City and Developer enter into a development agreement detailing conditions of approval; applicable development standards; phasing of development; and other agreeable requirements. WHEREAS, City approved modifications (MOD #002-15) to Hearing Examiner's Decision (CL3 #003- 13) increasing driveway widths by one to five feet and reducing the number of buildings from 11 to 10 buildings. Now, therefore, the parties hereto agree as follows: General Provisions Section 1. The Project. The Project is the proposed development of residential mini -storage complex on approximately 3.15 acres with ten (10) buildings. The Project is located at 8102 and 8104 West Nob Hill Boulevard, Yakima, WA. Project and land use decision are more particular set forth in Hearing Examiner Decision (CL3 #003-13) dated February 10, 2014. Hearing Examiner's Decision was modified by Administrative Decision dated January 30, 2015, such decision reducing the number of buildings from 11 to 10 and increasing driveway widths. MOD #002-15). Section 2. The Subject Property. The Project site is legally described in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Certificate of occupancy" means either a certificate issued after inspections by the City authorizing a person(s) in possession of property to use the specified mini -storage buildings and associated improvements or the final inspection if a formal certificate is not issued. c) "Council" means the duly elected legislative body governing the City of Yakima. d) "Design Guidelines" means the development standards as adopted by the City. e) "Director" means the City's Community Development Director. f) "Effective Date" means the effective date of the Adopting Ordinance. g) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Yakima in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, building standards. Existing Land Use Regulation does not include non -land use regulations, which includes taxes and impact fees. h) "Landowner" is the owner of the Property or any other party who has acquired an interest in Property and who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. i) "Project" means the anticipated development of the Property as specified in Section 1 and otherwise authorized by Hearing Examiner Decision and referenced administrative modification. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal description of the Property. b) Exhibit B — Site Plan for Development. c) Exhibit C — Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15) d) Exhibit D — YMC Title 12 — Development Standards e) Exhibit E — YMC Title 15 — Yakima Urban Area Zoning Ordinance f) Exhibit F — YMC Title 14 — Subdivision g) Exhibit G — YMC Ch. 10.05 — Fire Code h) Exhibit H — Determination of Nonsignificance (DNS) issued on December 30, 2013 Section 5. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Yakima, 129 North 2nd Street, Yakima, Washington 98901. b) The "Developer" is Storage Investments, LLC, the owner of the Property, and whose principal office is located at 410 Aeroview Rd, Yakima, WA 98908. c) The "Landowner" or "Owner" of the Property is currently Storage Investments, LLC. The Owner may sell or otherwise transfer all or a portion of the Property to a subsequent owner who, unless otherwise released, shall be subject to and benefitted by the applicable provisions of this Development Agreement related to such portion of the Subject Property. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions. Section 7. Term ofAgreement. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of 20 years unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post -termination obligations of the Developer or Landowner. Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer (and its successors and assigns) and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Notwithstanding the above, the parties expressly agree that the following development standards are exempt from this vesting provision and that the City shall have the right to require the Developer to comply with development standards, as now existing or as hereafter amended, in the following: storm water regulations and standards, sanitary sewer regulations and standards and building codes. The parties agree that Developer's submission of a complete application for a building permit shall only vest the Developer to the building codes in Title 11 YMC in effect at the time of submission of the complete application for a building permit for the structure(s) subject to such permit. Developer is specifically vested to the following ordinances and determinations: • YMC Title 12 — Development Standards • YMC Title 15 — Yakima Urban Area Zoning Ordinance • YMC Title 14 - Subdivision • Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15) • Determination of Nonsignificance (DNS) issued on December 30, 2013 Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards for development of the Property shall be those set forth in this Agreement and as directed in Hearing Examiner's Decision as administratively modified. Section 10. Development Conditions and Requirements. The development of the Project is subject to applicable provisions of Urban Area Zoning Ordinance, building code and fire code as well as the following conditions imposed by Hearing Examiner Decision: A. Developer shall provide one of the following site screening options for each of the three sides of the proposed complex with the selected option shown on a revised site plan (and described in detail in either a landscaping plan or a site screening plan or a combination of both) in a manner acceptable to the Planning Division: 1. North property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings Il," "K," "I" and "J" to provide an enclosed compound as suggested in the applicant's narrative, 2) provide site screening "A" along the north property line, and 3) provide a decorative facade along the backs of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. Provide a six-foot high decorative masonry, stone, or stucco wall along the north property line, and 2) install a decorative facade along the back and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. Install a dense vegetative screen made of arborvitae or other evergreen plants which obscures the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the two mini -storage buildings promptly after they are completed and which are allowed to grow to a height that obscures the wall of the buildings from view of the abutting residential uses, and include plantings acceptable to the Planning Division in the 10 -foot -wide landscape rock drainage swale prior to approval of the building permit for the final building or promptly upon the extension and improvement of Nob Hill Boulevard to City standards along the site if that occurs prior to issuance of the final building permit. 2. South property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H," "K," "I" and "J" to provide an enclosed compound as suggested in the applicant's narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. 1) Install a six-foot high view obscuring fence meeting site screening "C", and 2) install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the mini - storage building promptly after it is completed and which are allowed to grow to a height that obscures the wall of the building from view of the abutting residential uses. 3. West property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H," "K," "I," and "J" to provide an enclosed compound as suggested in the applicant's narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. 1) Install a 6 -foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the mini - storage building promptly after it is completed and which are allowed to grow to a height that obscures the wall of the building from view of the abutting residential uses. B. In the event that false windows are used, they shall be incorporated with a black background rather than traditional white, and a lighting plan detailing the lighting that will be utilized in a manner acceptable to the Planning Division shall be submitted. C. In the event the temporary vehicle storage is still sought, the vehicle storage shall only be allowed upon paved portions of the proposed mini -storage development. D. Access to the kiosk for the facility may be allowed 24 hours per day every day of the week. Access to the storage units themselves may only be allowed during hours prescribed by the owner that are between 7 a.m. and 8 p.m. every day of the week. E. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. A stormwater site plan shall be submitted to the City of Yakima Surface Water Engineer prior to permit issuance. F.Prior to permit issuance, the applicant shall revise the submitted site plan to correctly incorporate all required Title 12 development and fire access requirements which include without limitation curb, gutter, sidewalk, street lighting, the required type of pavement for the fire access lane and the required or agreed type of sitescreening for the facility. G. Prior to permit issuance the applicant shall dedicate the required right-of-way for Nob Hill Boulevard and South 80th Avenue to the City of Yakima as directed by the City of Yakima Engineering Division. H. The project may be developed in phases to be completed within seven (7) years from the date of this Agreement. Section 11. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 12. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the potential exercise of ordinance powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA. The exercise of such authority shall be subject to the terms and conditions of this Agreement, including but not limited to vesting provisions. Section 13. Public Facilities and Dedications. Developer acknowledges and agrees that, prior to issuance of a certificate of occupancy for the proposed residential mini -storage buildings, it shall dedicate right-of-way for Nob Hill Boulevard and South 80th Avenue. Such dedication shall be determined by City in accordance with applicable law. Section 14. Existing Land Use Fees and Impact Fees. A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in the Yakima Municipal Code. Section 15. Phasing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Subject Property to have the rate of development determined by the Developer. However, the parties also acknowledge that because the Development will be phased, certain amenities associated with the Project must be available to all phases of the Project, in order to address health, safety and welfare of the residents. Therefore, the parties agree that the improvements associated with the Project shall be constructed according to the following schedule: A. Street Improvements. B. Potable Water and Fire Flow Facilities. C. Sewer Facilities. D. Utilities. Section 16. Default. A. Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement, to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Yakima Municipal Code for violations of this Development Agreement and the Code. Section 17. Termination. This Agreement shall expire and/or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all of the permits and/or approvals issued by the City for such development are not substantially underway prior to expiration of the term period specified herein. The term of this Agreement may be extended upon showing the market, economic or other similar conditions made such development unfeasible during such period. Any extension shall be approved by City subject to the exercise of its due discretion. B. This Agreement shall terminate upon the expiration of the term identified in Section 7 or when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. C. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Agreement, and submits applications for development of the Property that are inconsistent with such permits and approvals. D. Developer or Owner may terminate this Agreement and any development rights established by Hearing Examiner Decision in the exercise of its sole discretion. Upon the exercise of such election, City shall execute and record notice of such termination upon form acceptable to City Attorney and Owner. Section 18. Effect upon Termination on Developer Obligations. Termination of this Agreement shall terminate all rights and obligations to develop the Property as authorized by Hearing Examiner Decision or this Agreement. . Section 19. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to the existing planning and zoning laws). Section 20. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Agreement with all their rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. Section 21. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 22. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see, RCW 36.70B.200). City reserves authority to impose new or different regulations required by a serious threat to public health or safety. . Section 23. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 24. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of both the City Manager and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 25. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by City directly relating to this Agreement, including recording fees and publishing fees. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Developer. Section 26. Applicable Law and Attorneys' Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima County Superior Court. If litigation is initiated to enforce the terms of this Agreement, each party shall be responsible for payment of its own attorneys' fees and costs. Section 27. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event, Developer and/or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 28. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Section 29. Severability. If any phrase, provision or section of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either party in good faith determines that such provision or provisions are material to its entering into this Agreement, that party may elect to terminate this Agreement as to all of its obligations remaining unperformed. Exhibit A Parcel A: Parcel Number: 181330-41001 The North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM; Except the North 8.5 feet for road; And Except the West 263.7 feet thereof; And Except the right of way for road along the East line thereof. Situated in Yakima County, State of Washington. Commonly known as 8102 W NOB HILL BLVD, Yakima, Washington 98908 Parcel B: Parcel Number: 181330-41002 The East 64 feet of the following -described property: That portion of the North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM, described as follows: Beginning at a point 397 feet West of the Northeast corner of said subdivision; Thence West along the North line thereof 263.7 feet, more or less, to the Northwest corner of said subdivision; Thence South along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of said subdivision; Thence East along the South line 263.7 feet; Thence North 0°28' East 330.4 feet to the point of beginning. Situated in Yakima County, State of Washington. Commonly known as 8104 W NOB HILL BLVD, Yakima, Washington 98908 [end of Exhibit A] Exhibit B Development Site Plan is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). [end of Exhibit B] Exhibit C Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002- 15) is on file with the City of Yakima Planning Department and is referenced and located under CL3 #003-13 and MOD #002-15. [end of Exhibit C] EXHIBITS D, E, F, G, & H Exhibit D — YMC Title 12 — Development Standards, Exhibit E — YMC Title 15 — Yakima Urban Area Zoning Ordinance, Exhibit F — YMC Title 14 — Subdivision, Exhibit G — YMC Ch. 10.05 — Fire Code, and Exhibit H — Determination of NonSignificance (DNS) issued on December 30, 2013, are on file with the City of Yakima Planning Department. [end of Exhibits D — HI OWNER/DEVELOPER: STORAGE INVESTMENTS, LLC By ere `:moi onovan, Member I certify that I know or have satisfactory evidence that TERESA DONOVAN is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as a Member of STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 0°1-13---0 \gyp 011111114111 ` ..���t11E bD°�i, Off` •-• iiiiiii � saI _� o j �yy';'�' W J• "` 1 c �- PC��Vv iii % $ NOTARY PUBLIC (( ® Residing at: 3CUr....CMCt 1 VJ G ►° My Commission Expires: 03- 0 I- a0�r 0 • ,. sh�e . STATE OF WASHINGTON ) ) ss. County of Yakima ) IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: STORAGE INVESTMENTS, LLC By David Hoeger, M= ber I certify that I know or have satisfactory evidence that DAVID HOEGER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a Member of STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: OR - G-'�0\ks STATE OF WASHINGTON ) ) ss. County of Yakima ) CAJAA CAI\ LJ -Lk %J.1Xan o‘pr NOTARY PUBLIC Residing at: 1/4AOJK.,...NYV.A. \ vAik My Commission Expires: 01- 0 \ , 'an 0 CITY OF YAKIMA: By: Cliff ore, City Manager Crrr CONTRACT NO: 'h'/ t r1 7 9 NOS_ akSOLUTUON NO: R- o / 6 -If3 STATE OF WASHINGTON ) ss. County of Yakima I certify that I know or have satisfactory evidence that CLIFF MOORE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as City Manager for the CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary Public State of Washington KAARRE ALLYN MY COMMISSION EXPIRES January 12, 2020 STATE OF WASHINGTON ) ss. County of Yakima NOTA" Y PUBLIC Residing at: (eeeuja( Lv,¢ My Commissi n Expires:' / — / - ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: September 20, 2016 Public Hearing and resolution to consider a development agreement for a multi -phase ministorage complex submitted by Storage Investments, LLC located at 8102 and 8104 Nob Hill Blvd. Joan Davenport, AICP, Director of Community Development Jeff Peters, Supervising Planner (509) 575-6163 SUMMARY EXPLANATION: The principals of Storage Investments LLC (David Hoeger & Teresa Donovan) have requested that the Yakima City Council conduct a public hearing to consider a development agreement and resolution to vest their previously approved land use decisions and site plan for a residential multi -phase ministorage complex issued by the City of Yakima Hearing Examiner and Planning Division in 2013 and 2015 (CL3#003-13, ADJ#006-13; SEPA#020-13, and MOD#002-15). Approval of the development agreement will vest the development to the regulations that the ministorage was approved under, conditions of the land use approvals, approved site plans, and extend the life of the development approvals for 20 years from the date of approval. The City of Yakima Planning Division and Legal Department reviewed the subject development agreement and find that it appropriately incorporates all previously issued land use decisions. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: The City of Yakima Hearing Examiner approved the proposed development (multi -phase mini -storage) or February 10, 2014. ATTACHMENTS: Description D Upload Date Type NOB HILL BOULEVARD APPROXIMATE CENTER LINE SURVEYED PROPERTY LINE LOCKED EMERGENC' ACCESS 1-M1:Y RIOrl TFANGLE 0IC•117 30 7/3 1' ,FF -7/• 1409 ILI. FIGULEV,P0 C17, L•N4 REQOPLED •ALtuji gaiAtialcagtxtufwg At-wr :30' X 2951' SlaRAGE BUILDiNG 8,850 SQFP • , . . ; ' 21.S.211,..;:.:-: $:±i.l.: • r . . _ . . Ph1112 '30‘3 1100-F1-171,1eFFE27/,11:0` 0110 -.11 ; 7;01.//: /72hrli,7TE '4947 1.110145 • -1-4;;;• • : . • . , • • • - • u/;3/:3.7/1•' .10' X 295' STORAGE BUILDING ;8,850 SC?Fl ' f393.4/ 4 64.00' ; 03009 • 7/7-19' 391 31001" A9/307/111/3E 00 7-3" '511-11:.01•11'212 --..V.1011!e-1-44,11 1 4017/11,0,12.1_„_,111,4j* -7•111 370.65' iT gCREV.P14:3 Mr/WWII? 'V 4,511%nr.in OBSPIPCT 'IFT4CIE1- w z LU b 0 :SION IRIANCILE FENCE E PLAN VERIFY 1 1I/.41 -Le 3132 0(291 11(13. 31.1./J. Nto. Wct P.incet4 igla9y4 Ito! L 91:th7. ..111,1-WF•11 1:3-11•I d Olt 01;1,' ARE F71.117,GE '1,1.1.,-1011E-E1A•SRH1.17 -1 _1,111.1113:- 1;`•11-1 1- 5'311C • SE5.05'F ,4,4;4 SO FI •91 F-1( - 801-1 A17- 10113 0EOU19'1! pecSVED JAN 1 /015 „qr., VAWI4,. "it:01060W 13 2 9-20-13 JKG 10-30-13 200 11 4-13 JKG ,1-26-13 2KG 1-22-14 JKG 11-7-14 200 11-20-14 20G 12-3-14 303 DATE 0-2-11 SCALE V .20,0" DRAWN •1KG JOB: H01 ---GER SHEET 1 01' I SHEET ' Exhibit C COMMUNITY DEVELOPMENT DEPARTMENT Planning 1)irision 129 North Second .Siieel, 2aad Floor )'akima, Washington 98901 Phone (509) 575-6183 Fax (509) 575"-6105 ask.p1anat,ag()-es'nl imoIva.z;nt. « Ji/Ip:)%R' i l ..yakin:rawa.govl.eervrcesiplanntogl NOTIFICATION OF HEARING EXAMINER'S DECISION February 10, 2014 On February 6, 2014 the City of Yakima Hearing Examiner rendered his decision on CL3#003- 13, ADJ#006-13 (SEPA#020-13). The application submitted by David Hoeger is a land use approval request for a residential mini -storage facility at 8102 West Nob Hill Blvd, Yakima, WA. The application was reviewed at an open record public hearing held on January 23, 2014. Enclosed is a copy of the Hearing Examiner's Findings and Decision. Any part of the Hearing Examiner's decision may be appealed to the Yakima City Council. Appeals shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. The appeal fee of $340 must accompany the appeal application. For further information or assistance you may contact Jeff Peters, Supervising Planner at (509) 575-6163 or e-mail: leff. pcters(rr7,yakirnawa_goy Jeff Peters Supervising Planner P Yate of Mailing: February 10, 2014 Enclosures: Hearing Examiner's Decision City of Yakima, Washington Hearing Examiner's Decision February 6, 2014 In the Matter of Application for a Class () Ike and an Adminictrativo Adjustment Submitted by: David Hoeger For a Residential Mini -Storage Facility At 8102 W. Nob Hill Blvd. in the B-2 Zone RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING OW CL3 #003-13 ADJ #006-13 SEPA #020-13 A. Introduction. The introductory findings relative to the hearing process for this application are as follows: (1) The comprehensive 19 -page staff report presented by Supervising Planner Jeff Peters recommended approval of the application subject to conditions. (Exhibit A-1). (2) Testimony in favor of the application was presented by David Hoeger, Teresa Donovan, Bill Hordan and Wayne Parsley. (Exhibit F-8). Letters favoring a residential mini -storage facility at the proposed location were submitted by John M. Iasella, John H. (Jack) Stewart, Steven T. Kitts, Tim Sattler, Thia Spearing, Patty Pruiett and Elizabeth Gehlsen. (Exhibits G-1 to G-7). (3) No other testimony and no other written comments from the public were presented at the 3 -hour-long hearing. This decision has been issued within ten business days of the h. ing. B. Summary of Decision. The He g Ex. iner approves this application subject to conditions. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 C. Basis for Decision. Based upon the Hearing Ex. iner's view of the site with no one else present on January 20, 2014; his consideration of the staff report, exhibits, testimony and other evidence presented at the open record public hearing on January 23, 2014; and his review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Hearing Examiner makes the following: RECEIVED FEB 0 6 2014 FINDINGS TY OF YAKIMA PLANNING 01V. I. Property Owner/Applicant/Applicant's Representative. The property owner is NEI Investors LLC, P.O. Box 821336, Vancouver, Washington 98682. The applicant is a purchaser of the property, David Hoeger, 610 South 24th Avenue, Yakima, Washington 98902. The applicant's representative is Bill Hordan of Hordan Planning Services, 410 North Second Street, Yakima, Washington 98901. (Exhibit E-3). II. Location. The location of the proposed residential mini -storage facility is 8102 West Nob Hill Boulevard, Yakima, Washington. The Assessor's tax parcel numbers for the site are 181330-41001 and 181330-41002. (Exhibit A-1, page 1). III. Application. On September 30, 2013, the City's Department of Community and Economic Development received an application for a Type 3, Administrative Adjustment and State Environmental Policy Act Review. Processing was delayed until December 3, 2013, at the request of the applicant to submit a revised site plan with minor changes which was received on November 26, 2013. The application requests approval to construct a residential mini -storage complex containing about 55,800 square feet of David Hoeger Residential Min i -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 2 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV building space in the B-2 Local Business zoning district on a 2.8-acre parcel. It also requests an Administrative Adjustment of the building setback standard from an abutting residential district from 20 feet to 5 feet for about 55 feet of the westernmost portion of the southernmost building. The proposed residential mini-storage facility would have a total of 550 storage units in 11 buildings to be built in 2 phases at the southwest corner of South RnthAvenue and West Nob Hill Boulevard. (Exhibit A-1, page 1, Exhibits B-1, B- 2 and B-3; Exhibit E-3). IV. Notices. Notices of the public hearing were provided in the following manner: Mailing of hearing notice to property owners within 300 feet: Publishing of hearing notice in Yakima Herald -Republic: Posting of hearing notice on the property: (Exhibits F -3a, F -3b and F -3c; Exhibit F-4). December 3, 2013 December 3, 2013 December 5, 2013 V. Environmental Review. The proposal is subject to review under the State Environmental Policy Act because it exceeds the City's flexible threshold for SEPA set forth in Section 6.88.070 of the Yakima Municipal Code. A Determination of Non- significance (DNS) was issued on December 30, 2013. The appeal period for the DNS expired on January 13, 2014, without an appeal being filed. (Exhibit F-5). VI. Transportation Capacity Management Ordinance. Traffic Concurrency Review which was completed on October 21, 2013, concluded that this development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity will exist on all impacted arterial streets. (Exhibit F-1). David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 3 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. VII. Title 12 Development Standards. City of Yakima Title 12 Development Standards apply to this proposed development and in part include the following: (1) South 80th Avenue is classified as a Collector Arterial and is deficient in right- of-way requiring 40 feet of right-of-way from centerline along this development. (2) Nob Hill Boulevard is designated in the West Valley Neighborhood Plan as a Minor Arterial and is currently deficient in right-of-way, requiring dedication of 40 feet of right-of-way from the frontage of this development. (3) Frontage improvements, stormwatcr facilities and domestic water required by C Title 12 Development Standards are required conditions of this development. (4) The applicant's site plan identifies the appropriate amount of right-of-way to be dedicated for both Nob Hill Boulevard and South 80th Avenue. In addition, with the exception of the required curb, gutter and sidewalk turned down Nob Hill Boulevard and street light installation, the applicant's site plan shows the required frontage improve- ments and required ount of dedicated right-of-way. (Exhibit A-1, page 11). VIII. Zoning and Land Uses. The zoning of the subject property is Local Business (B-2) and the current land use is a single-family residence that will be demolished. Properties adjacent to the subject property have the following characteristics: Location Zoning Land Use North B-2, Local Business Single -Family Homes South R-1, Single -Family Residential Single -Family Homes South 13-2, Local Business Single -Family Homes West R-1, Single -Family Residential Single -F: ily Homes East R-3, Multi -Family Residential Mobile Home Park (Exhibit A-1, page 10). Review Criteria for Class (3) Uses. The findings and conclusions of the Hearing David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 4 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV Examiner are required to set forth specific reasons and ordinance provisions demon- strating that his decision satisfies the following requirements set forth in 15.04.020(C) and 15.15.040(E) of the Yakima Urban Area Zoning Ordinance which is Title 15 of the Yakima Municipal Code ( C): (1) Compliance and Compatibility with the Objectives and Development Criteria of the Comprehensive Plan. Thc 2006 Yakima Urban Area Comprehensive Plan designates the subject property as Neighborhood Commercial. Page 111-14 thereof describes the intended uses for this designation as small scale, neighborhood convenience commercial uses and services primarily for residences of the adjacent neighborhood. The proposed residential mini -storage facility would be compliant and compatible with the following Comprehensive Plan goals and policies which are intended to guide development decisions: GOAL 3.8: Make commercial areas a desirable place to work and shop. Policies: 3.8.2: Allow and encourage transitional uses or development, such as office, ily or buffer areas, such as open spaces. 3.8.3: Avoid placing land uses that create excessive noise, unless the noise level can be mitigated, in locations that are close to residences or other noise - sensitive land uses. GOAL 3.12: Provide small scale, neighborhood convenience commercial uses and services, primarily serving residents of adjacent neighborhoods. Policies: 3.12.1: A Neighborhood Commercial center will provide land uses for businesses such as grocery stores, convenience stores, drug stores, restaurants and small retail stores. 3.12.2: The typical size of a Neighborhood Commercial development is three to ten acres and serves a population of 3,000 - 40,000 people. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 5 RECEIVED FEB 0 6 2014 OF YAKIMA PLANNING DIV 3.12.3: Neighborhood Co # ercial uses shall be located at the intersection of a principal arterial, minor arterial or collector arterial. 3.12.4: Neighborhood Commercial may be allowed when water and sewer service, street improvements, traffic control devices, municipal services and other development -related improvements are in place. 3.12.7: Neighborhood Commercial uses shall be located in areas that will enhance, rather than hinder, the stability of residential areas. (Exhibit A-1, pages 11, 16 and 17). (2) Compliance and Compatibility with the Intent and Character of the Local Business (B-2) Zoning District. The proposal is also compliant and compatible with the intent and ch.cter of the B-2 zoning district expressed in C 15.03.020(F) to provide areas for commercial activities that meet the small retail shopping and service needs of the community and accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. (Exhibit A-1, page 9). (3) Compliance with the Provisions Established in the Zoning Ordinance. Standards noted as a result of the Development Services Team meeting held for this proposal on November 12, 2013 are as follows: (a) Codes comments were as follows: (i) Since the main entrance to the proposed mini -storage unit is from 801h Avenue, the proposed address for this project is 1102 South 80th Avenue. (ii) The applicant shall show an additional fire hydrant installed in a location approved by the City of Yakima Fire Department prior to approval of the final site plan. (b) Engineering comments were as follows: David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 6 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV (i) This development is subject to Title 12 development standards which include, but are not limited to, YMC Chapters 12.01, 12.02, 12.03, 12.04, 12.05, 12.06 and 8.64. (ii) Curb, gutter and sidewalk are required to be constructed along 80th Avenue in accordance with YMC Chapters 12.05 and 12.06. (iii) South 80th Avenue is classified as a Collector Arterial requiring 40 feet of right-of-way from centerline on this development's side of the street. (iv) Nob Hill Boulevard is designated in the West Valley Neighborhood Plan as a Minor Arterial which is currently deficient in right-of-way, and requires dedication of 40 feet of right-of-way from the frontage of this development (depicted on the applicant's November 26, 2013, site plan). (v) Upon approval of this development, the applicant shall submit engineering plans which meet the design standards of 12.06.030 for Collector Arterials, for the construction of 80th Avenue which includes road improvements and curb, gutter and sidewalk that will be ed to meet the future alignment and dedicated width of Nob Hill Boulevard. (vi) A streetlight vvill need to he installed in an approved location at the corner of 80th Avenue and Nob Hill Boulevard. (vii) All proposed driveways shall be constructed per C Chapter 8.64 and the City of Yakima Standard Detail R4 -Driveway Approaches. (c) Stormwater comments were as follows: (i) As this project involves clearing or grading one acre or more, a Sto I water Site Plan shall be required from the applicant. (ii) Grading and/or building permits shall not be issued without an approved Stormwater Site Plan. (iii) Complete stormwater design plans, specifications, and runoff/ storage calculations supporting the stormwater design are required David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 7 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer prior to construction. (iv) UIC Registration — Stormwater: In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater, Publication Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006, are considered new and must be registered with the Department of Ecology (DOE) prior to construction. Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City's Surface Water Engineer prior to permit issuance. (d) Water comments were to the effect that this area lies within the service area of Nob Hill Water. (e) Wastewater comments were to the effect that sewer is not required to be extended into these two parcels because there are no sanitary facilities of any kind in this development. (f) Streets and Traffic comments were to the effect that there are no specif- ic traffic issues and that frontage improvements are required per the Engineering Department's direction. (Exhibit A-1, pages 3-4; Exhibits D-1 to D-9). (4) Compliance with the Standards Established in the Zoning Ordinance. The standards established in the zoning ordinance that are applicable to the proposed mini - storage facility are as follows: (a) Structure Setbacks: YMC 15.05.020(D) states that structure setbacks are the minimum structure setbacks permitted with Type (1) Review. In the commercial districts, building setbacks provide visual clearance along streets and areas for sitescreening and landscaping. Table 5-1 in C Chapter 15.05 specifies the following front, side and rear setbacks in the B-2 zoning district: David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 8 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV (i) Front yard from a Collector Arterial street: 30 feet from the centerline of the abutting street. (ii) Rear yard from an abutting residential district: 20 feet from the property line. (iii) Side yard from an abutting residential district: 20 feet from the property line. (iv) Side yard setback from Minnr A rt,Tigl: 30 feet from centerline of abutting street. (b) Maximum Lot Coverage: YMC 15.05.020(C) states that maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the commercial districts, maximum lot coverage requirements are intended to promote development consistent with the character of the district, protect setbacks and provide the opportunity to integrate open space and landscaping plans into the design and placement of structures and off-street parking. Table 5-1 in C Chapter 15.05 states that the maximum lot coverage in the B-2 zone is 80%. (c) Maximum Building Height: YMC 15.05.020(F) states that maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in the B-2 zoning district is 35 feet. (d) Street Right -of -Way Dedication: C 15.05.050 states that all new development shall dedicate, where necessary, street right-of-way in conformance with the standards in the County/City Subdivision Ordinance and the Arterial Street Plan adopted in the Yakima Urban Area Comprehensive Plan. (e) Parking Lots: C 15.06.100 states that lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting properties. C 15.06.110(A) provides that all off-street parking lots or vehicle storage areas having a capacity of three or more vehicles shall be paved with two -inch -thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the administrative official. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 9 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. (0 Sitescreening: The purpose of C Chapter 15.07 is to establish site - screening standards to provide a visual buffer between uses of different intensity, streets and structures; reduce erosion and storm water runoff; protect property values; and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, water run-off, buildings or parking areas. Provisions in YMC Chapter 15.07 provide the following site - screening standards for the proposed development within the B-2 zoning district based upon the existing surrounding uses and the proposed use: (i) North and east sides: sitescreening standard "A" consisting of a 10 -foot -wide landscaped planting strip with trees at 20 -foot to 30 - foot centers, which includes shrubs and groundcover (per 15.07.060 entitled "Sitescreening along streets"). (ii) South and west sides: sitescreening standard "C" consisting of a 6 -foot -high, view -obscuring fence, made of wood, masonry block, concrete, or slatted chain link material. (Table 7-1, including the Residential Mini -Storage example). (g) Additional or Increased Development Standards: YMC 15.10.030, C 15.04.020(C), C 15.15.040(E) and C 15.02,020 provide that additional or increased development standards may be required to insure or promote compatibility with neighboring land uses and Comprehensive Plan policies and to adequately resolve difficulties related thereto. (Exhibit A-1, pages 5-6). X. Whether the Review Criteria for Class (3) Uses Allow a Modified Sitescreening Standard to be Required to Promote the Compatibility of the Proposed Facility. The applicant and Planning Division disagree as to what type of sitescreening should be required along three sides of the proposed mini -storage facility. The fmdings relative to this dis. -ement are as follows: David Haeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 10 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. (1) Sitescreening Options Recommended by the Planning Division. The site - screening options recommended by the Planning Division were intended to allow a choice between several sitescreening alternatives that exceed the sitescreening standards prescribed by YMC Chapter 15.07 to be required in order to promote the compatibility requirement for the proposed mini -storage use. The options are described as follows in the Planning Division's recommendedcoriditioris of approval: A. North property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K, I, and J" to provide an enclosed compound as suggested in the applicants n. ative, 2) provide site screening "A" along the N. property line, and 3) provide a decorative facade along the backs of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the N. property line, and 2) install a decorative facade along the back and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. Install a dense vegetative screen made of arborvitae or other evergreen plants which obscures the mini -storage units from view of the abutting residential uses. 13. South property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K, I, and J" to provide an enclosed compound as suggested in the applicants narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 11 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. 1) Install a 6 -foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses. C. West property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K, I, and J" to provide an enclosed compound as suggested in the applicants n. ative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the backs and sides of the proposed .ni-storage building shielding the metal features from view of the abutting residential uses; or c. Install a 6 -foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses. (Exhibit A-1, pages 18-19). (2) Planning Division's Authority for Recommending Sitescreening Options. The Planning Division cited the following authority for requiring its recommended sitescreening options: (a) Class (3) use review criteria set forth in C 15.04.020(C) authorize the H- g Examiner to 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. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 12 RECEIVED FEB 0 6 2014 CITY 0F YAKIMA PLANNING DIV. (b) Class (3) use review criteria set forth in C 15.15.040(E) provide in part that the Hearing Ex. iner's findings shall demonstrate that the decision complies with the objectives of the Yakima Urban Area Comprehensive Plan. (c) The definition of a Class (3) use in C 15.02.020 states in pertinent part that such uses are generally incompatible with adjacent and abutting property because of their size, neighborhood character or for other reasons, but that they may be compatible with other uses in the district if they are properly sited and designed and may he permitted by the Hearing Examiner when he detcuttiitcs that difficulties related to the compatibility and the Yakima Urban Area Comprehen- sive Plan policies have been adequately resolved. (d) Compatibility is defined in C 15.02.020 as meaning the character- istics of different uses or developments that permit them to be located near each other in h. ony, with or without special mitigation measures. (e) C 15.10.030 entitled "Special Conditions of Approval Authorized" states that the development standards and other conditions for approval specified in this Title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to: (i) Accomplish the objective and intent of any development stan- dard or criteria for approval set forth in this Title; (ii) Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise; (iii) Insure compatibility of the development with existing neigh- boring land uses; (iv) Assure consistency with the intent and character of the zoning district involved; or (v) Achieve and further the expressed intent, goals, objectives, and policies of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 13 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV (f) The Planning Division's position is that the recommended sitescreening options must be implemented in order for the proposed mini -storage facility to comply with the following Comprehensive Plan policies: (i) Policy 3.8.1: Commercial uses and developments should be designed to be compatible with surrounding land uses, especially to avoid encroachment into residential areas. (ii) Policy 3.8.5: Ensure compatibility between commercial struc- tures and adjoining residential uses. Require commercial structures to use building scale, roof style, and building materials similar to, or compatible with, the adjoining residential structures. (iii) Policy 3.8.6: Commercial uses adjacent to residential areas should use effective landscape buffers with living plant vegetation such as evergreen trees, bushes, open space or other design controls to minimize noise, glare, and other impacts associated with commercial land use to ensure that their location will not adversely affect the residential areas. (iv) Policy 3.12.5: Adequate buffering shall be provided between adjacent residential land u (v) Policy 3.12.8: The predominant uses of Neighborhood Commercial shall be small-scale business that will not have significant adverse impacts on adjacent neighborhoods. (g) The Pl. ing Division recommends that absent sitescreening in accordance with the options it describes, the application should be denied. (Exhibit A-1, pages 4, 5, 7, 9, 10, 12, 16 and 17). (3) Applicant's Arguments in Opposition to Planning Division's Recom- mended Sitescreening Options. The applicant opposed the Planning Division's recommended sitescreening options as strenuously as the Planning Division recommended them. The applicant's contentions may be summarized as follows: David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003 -13; ADJ #006-13 14 RECEIVED FEB 0 6 2014 CITY Of YAKMM PLANNING DIV (a) The purpose and design of the proposed mini -storage facility is compatible with the area. The business model for the proposed facility is to take care of people. The applicant worked hard with Mr. Peters to revise the site plan and talked with most neighbors. The neighbors approve. There will be little noise and little traffic. The existing residence on the property will be demolished. The number of proposed storage units was reduced in order to comply with the 20 -foot rear setback standard. There will be 11 separate buildings. (Exhibit B-3). The kiosk will be open 24/7 and the storage units themselves from 7 a.m. until R p.m. There are 17 security lights shown on the site plan. They will be mounted at a height of about 10 to 12 feet and the lighting will be directed downward. (Exhibit H-2). The clock tower will have a height of about 22 feet and the rest of the buildings a height of about 12 to 15 feet with roofs that will pitch to the outside. There will be no office. Any temporary outdoor vehicle storage will be on the requisite paved surface. (b) The mobile home park across South 80th Avenue east of the proposed site is not completely sitescreened with arborvitae. Arborvitae screening for the north property line of the mobile home park is lacking in places along Nob Hill Boulevard east of South 80th Avenue. (Exhibit H-1, 1 photo entitled "View SOUTH on 80th Ave" and 2 photos entitled "EAST Mobile Home Park"). Arborvitae screening for the west property line of the mobile home park along South 80th Avenue is also lacking in places south of the proposed site. (Exhibit H-1, 1 photo entitled "View NORTH on 80m Ave" and 5 photos entitled "EAST Mobile Home Park "). The mobile home park is completely sitescreened with arborvitae directly across South 8Oth Avenue to the east of the proposed site. (Exhibit H-1, 1 photo entitled "EAST Mobile Home Park"). (c) The site plan showing a 10 -foot -wide gravel/drain rock drainage swale on the north side of the proposed facility along Nob Hill Boulevard would not conflict with the landscaping plan for standard "A" sitescreening in that location as indicated in the staff report. (Exhibit A-1, page 13, item #1). The intent was to provide in that area a 10 -foot -wide area combining a gravel/drain rock drainage swale with the standard "A" sitescreening described section 10 on page 6 of the staff report. Examples of that type of standard "A" sitescreening exist in various locations within the City of Yakima. (Exhibit H-1, 12 photos entitled "Combination landscaping/drainage example" and 1 photo entitled "Evergreen sitescreening example"). Subsequently, at the hearing, the applicant proposed David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 15 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV using sitescreening standard "B" without sitescreening "A" in that location even though it will eventually be adjacent to Nob Hill Boulevard when that street is extended westward from South 80°' Avenue. Specifically, sitescreening standard "B" would be used next to the back walls of buildings "H" and "K" on the north side of the site which would be included in Phase 1 in addition to buildings "A," "B," "C" and "D." Standard "B" next to the back walls of the two buildings would consist of a 3 -foot -wide planting strip that will create a living evergreen screen that is at least 6 feet in height within 3 years. There would be landscape rock without any plantings in the 10 -foot -wide drainage swale north of that adjacent to the future extension of Nob Hill Boulevard. That sitescreening would not immediately obscure the mini -storage units from view as recommended by the Planning Division or include any sitescreening standard "A" plantings in the 10 - foot -wide landscape rock drainage swale. Such plantings are required by C 15.07.060 along a collector or local access street and are recommended by the Planning Division in the landscape rock drainage swale that will someday be along the future extension of Nob Hill Boulevard in this area. (Exhibit A-1, page 18, subsection 2 (A)(c)). (d) The applicant will provide sitescreening standard "A" on thc east side of the site along South 80" Avenue which is the prescribed standard for that location and is acceptable to the PI: I ing Division with the decorative retail -type facades there, the least amount of "mass" there, and the aesthetically pleasing design of the buildings along that side. (Exhibit B-3; Exhibit E-3, section B of Class 3 Review Narrative). (c) The applicant proposes to provide sitescreening standard "C" consist- ing of slatted chain link fencing along the west and south property lines with additional standard "B" sitescreening inside the fence along the west 70 or so feet of the south property line where the building setback from the adjacent R-1 zoning district would be 5 feet rather than 20 feet per the requested Administrative Adjustment. The additional standard "B" sitescreening for that approximate 70 feet would consist of a 3 -foot -wide living evergreen screen that would be at least 6 feet in height within 3 years. (Exhibit B-3, two large site plans). (f) There is no neighborhood objection to the proposed mini -storage facility. Single -f ily residences are Class (3) uses in the Local Business (B-2) David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 16 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. zoning district. The residence to the south of the proposed site is 220 feet from the site. (Exhibit H-1, 2 photos entitled "View SOUTH of Property's ). (g) The proposed residential mini -storage facility will comply with all the Comprehensive Plan policies. It will be compatible with surrounding land uses per Policy 3.8.1, will have building materials similar to adjoining residential structures per Policy 3.8.5 and will have effective and adequate buffering from residential uses per Policy 3.8.6 and 3.12.5 as shown by 10 photographs of surrounding buildings that have metal roofs aildioi walls. (Exhibit 11-1, 10 photos, 3 entitled "SOUTH Neighbor," 2 entitled "WEST Neighbor," 2 entitled "NORTH Neighbor," and 3 entitled "EAST Mobile Home Park"). It will not have significant adverse impacts on adjacent neighborhoods as shown by 4 photographs of commercial buildings at South 80th Avenue and Wide Hollow Road and 2 photographs of commercial buildings in the greater neighborhood. (Exhibit H-1, 4 photographs entitled "Neighboring Businesses," 1 photograph entitled ''Example of metal used in commercial construction (HAPO)" and 1 photograph entitled "Example of metal used in commercial construction (Walmart)'). (h) Phase 2 would be constructed as needed. It will take 2 years to complete Phase 1 and an additional 5 years to complete Phase 2. (4) Hearing Examiner's Findings Relative to Sitescreening Issues Presented at the Hearing. The Hearing Examiner makes the following findings relative to the sitescreening disagreements involved in this matter: (a) The City Council adopted the City's zoning ordinance which classifies residential mini -storage facilities as Class (3) uses in the Local Business (B-2) zoning district. In adopting the zoning ordinance, it declared such Class (3) uses to be generally incompatible with adjacent and abutting property because of their size or other reasons. It further required that difficulties related to their compatibility and Comprehensive Plan policies be adequately resolved before they are approved. These provisions in the definition of Class (3) uses in 15.02.020 create a presumption or an inference which requires an applicant to adequately resolve difficulties that are related to compatibility or Comprehensive Plan policies due to the size of a Class (3) use. Along the same lines, 15.04.020(C) allows said uses to either be denied or conditioned to promote David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 17 RECEIVED FEB 0 6 2014 OF YAKIMA PLANNING DIV compatibility with the character of the district and Comprehensive Plan policies. The definition of "compatibility" in C 15.02.020 also states that special mitigation measures may be imposed. C 15.10.030 states that development standards specified in the zoning ordinance are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval of any use or development. That section states that such additional or greater requirements may be imposed to accomplish the intent of any development standard, to mitigate any specific or general environmental or other negative impacts of a development, to insure compatibility of the development with existing neighboring land uses, and to further policies of the Comprehensive Plan. (b) Even though the residences on nearby properties are generally of lower quality construction and architectural design, their residents are entitled to the s. e compatibility and Comprehensive Plan protections as residents of new residences and owners of new commercial uses that will be constructed on the nearby properties in the future. (c) The size of the proposed facility raises at least a concern about its compatibility with other uses nearby, especially existing or future new residential uses which are now present or could be built in the future. The size of the solid walls of the facility would be about 11 feet high and a total of 335 feet long on the north, 275 feet long on the west and 350 feet long on the south. These type of walls create a solid mass that are not broken up by the type of decorative facades or design features which make the east side of the facility compatible with its surroundings and with Comprehensive Plan policies through the use of standard "A" sitescreening. A 10 -foot -wide landscaped planting strip with trees at 20 -foot to 30 -foot centers, which includes shrubs and groundcover, will be effective sitescreening along the east side of the facility because of the design of the buildings along that side. (d) The Planning Division's concern for compatibility with existing and future residential and commercial uses near the proposed facility is understandable and justified for the north, west and south sides of the proposed facility. None of the nearby uses have such long metal walls with the unbroken metal mass that the proposed walls will have. Those walls will be unique in the immediate area. They cannot be improved in appearance without decorative facades or evergreen plantings as tall as the walls. Six -foot -high chain link fencing with slats David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 18 RECEIVED FEB G 2014 CITY OF YAKIMA PLANNING DIV (sitescreening standard "C") would not obscure the mass and the expanse of those walls. It would merely create another long uninterrupted mass or expanse that would not be attractive, especially if painted with graffiti, and would only screen about one-half the height of thc walls. On the other hand, evergreen plantings near the walls could within several years completely obscure the walls and dispense with the need for slatted cyclone fencing to be installed for sitescreening or security purposes. As a practical matter it would take several years to achieve the desired effect because the evidence at the hearing was to the effect that arborvitae in excess of 4 feet in height cannot be obtained, especially in the number needed for this proposal. The evidence was also to the effect that arborvitae grow about I to 11/2 feet per year. Since none of the current neighbors expressed concern about the proposed sitescreening, allowing several years for arborvitae or other evergreen plantings that are initially 4 feet in height to completely obscure the walls on the north, west and south sides should adequately protect the interests of the present and future residents of the area relative to the visual impacts of the large walls. The building walls themselves would serve to keep the facility secure. The evergreen plantings next to the walls would obscure them by means of a type of sitescreening that would not likely be painted with graffiti. The effectiveness of sitcscreening by means of evergreen plantings rather than by means of a 6 -foot -high cyclone fence with slats can be seen in the applicant's photographs. (Exhibit H-1, 2 photos. entitled "Evergreen sitescreening example and 1 photo entitled "EAST Mobile Home Park" showing the arborvitae directly east of the site across South 8(t" Avenue). The difference in the effectiveness of these two types of sitescreening for a mini -storage facility can also be seen in the greater neighborhood where mini -storage facilities at Tieton Drive and South 76'h Avenue and on South 96th Avenue between Walnut and Chestnut Avenues utilize both types of sitescreening. (e) It is not possible to approve the mini -storage complex application conditioned upon its having a building scale similar to adjoining residential structures per Comprehensive Plan Policy 3.8.5. But it is possible to approve the application conditioned upon mitigating the visual impacts of its building scale by means of effective landscape buffers with living plant vegetation such as evergreen trees to minimize those visual impacts per Comprehensive Plan Policy 3.8.6. The Planning Division's recommended options for sitescreening the long solid walls of the large complex on three sides would mitigate visual impacts David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 19 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV resulting from the size and design of the three walls and further other Comprehensive Plan policies in the absence of any better alternatives. (f) At the hearing, the Hearing Ex, iner suggested that the buildings around the outside of the complex be built as part of Phase 1. Those are buildings "A," "B," "H," "K," "I" and "J." They comprise 15,525 square feet which is less than the 16,700 square feet initially proposed for Phase 1 that would result from constructing buildings "A," "B," "C" and "D." That way the complex would be self-contained and the walls themselves could serve security functions without a need for any fencing for security or sitescreening purposes. Sitescreening of the large expanse of the walls on three sides could be achieved by arborvitae or other evergreen plantings at least 4 feet tall when planted next to the buildings on the north, west and south sides. They could be allowed to grow to the roof over a number of years. This would save the expense of slatted cyclone fencing at any location along the north, west or south sides of the site. The reaction to that suggestion was that the buildings could not be redesigned to achieve the variety of building sizes initially needed for a successful operation by taking that approach. (g) Recognizing that a mix of building widths in Phase 1 would be desirable to provide storage unit size choices needed for an economically viable project, the Hearing Ex, iner notes that the identical mixture of different building widths and square footage as was proposed by the applicant at the hearing could be achieved by switching the location of building "C" with building "G" and constructing the easterly and the northernmost buildings first with the use of temporary, slatted cyclone construction fencing for security and sitescreening purposes that could be moved southward as the construction progressed. Some driveways and buildings would have to be moved 5 feet north for that purpose, but the identical mix of different building widths as proposed at the hearing by including buildings "A," "B," "C," "D," "H" and "K" totaling 20,050 square feet in Phase 1 would result from including buildings "A," "B," "H," "K," "C" (in the location shown as building "G" on the site plan) and "F" totaling 20,050 square feet in Phase 1. If for some reason the location of those buildings could not be switched, constructing the east and northernmost buildings shown on the site plan in Phase 1 would also result in a mixture of building widths that would total 21,525 square feet for buildings "A," "B" "H," "K," "G" and "F." David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard C L3 #003- I 3; ADJ #006-13 20 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. (h) Evidence was not presented at the hearing as to whether permanent cyclone fencing around the west and south sides of the property would make the site more secure during construction than temporary construction fencing. Members of the general public who rent storage units will have access to the area that is within either type of fencing. Utilizing an alternative for security other than permanent cyclone fencing around the west and south sides of the property prior to completion of the complex would ultimately result in the type of compound described in the annlication. The finished complex would have 11 -foot -high walls rather than 6 -foot -high fencing for security and would have arborvitae next to the back of the north, west and south walls to serve as graffiti -free visual sitescreening of the expansive walls without the need for any permanent cyclone fencing at any location on those sides. If for some reason temporary slatted cyclone construction fencing or another method of securing the construction site could not be utilized and permanent cyclone fencing around the entire west and south sides would be needed for security, then it would be that need for security rather than the need for effective sitescreening that would require the applicant to incur that expense for cyclone fencing in addition to the expense of effective sitescreening measures. (h) There may be other alternatives for phasing, design or construction that better serve the needs of the applicant while providing the type of effective sitescreening for the uniquely expansive walls which the Planning Division recommends be addressed for this proposal. For that reason, this decision will leave room for other mutually agreeable sitescreening and/or phasing alternatives to be included in a development agreement without the necessity of returning to the Hearing Ex. iner for approval of those details. (i) Absent agreement otherwise, the Hearing Examiner prescribes the following additional sitescreening option for the north side of the proposed residential mini -storage facility in addition to those recommended by the Planning Division: d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the two mini -storage buildings promptly after they are completed and which are allowed to grow to a height that obscures the wall of the buildings from view of the abutting residential uses, and include plantings acceptable to the Planning Division in the 10 -foot -wide landscape rock drainage swale prior to approval of the building permit for the final building or promptly upon the extension and David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 21 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV improvement of Nob Hill Boulevard to City standards along the site if that occurs prior to issuance of the final building permit. (j) Absent agreement otherwise, the Hearing Examiner prescribes the following additional sitescreening option for both the west and south sides of the proposed residential mini -storage facility in addition to those recommended by the Planning Division: d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the mini -storage building promptly after it is completed and which are allowed to grow to a height that obscures the wall of the building from view of the abutting residential uses. (k) If the applicant and Planning Division mutually agree to a greater number of buildings in Phase 1 than proposed before or during the hearing, a time period longer than 2 years may be prescribed in the development agreement for completion of Phase 1 without returning to the Hearing Examiner for approval of that detail. XL Administrative Adjustment. YMC 15.10.020 provides flexibility by allowing certain development standards in YMC Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment is consistent with the purpose of the zoning ordinance, is consistent with the intent and purpose for the standard and will accomplish one or more of five objectives. The five criteria listed in C 15.10.020 apply, or do not apply, to the proposal in the following ways: (1) Allow buildings to be sited in a manner that maximizes solar access: This criterion does not apply. It is not the purpose of the proposed residential mini -storage facility to maximize solar access to the facility or to any other building. (2) Allow zero lot line or common wall construction in conformance with the provisions of this title: This criterion does not apply since no zero lot line construction is proposed. David Hoeger Residential Mini-Stor: le Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 22 RECEIVED FEB 0 6 2014 OF YilkilViA PLANNING DIV (3) Coordinate development with adjacent land uses and physical features: The requested side setback adjustment along the western portion of the south property line which abuts R-1 zoned property would coordinate development with adjacent land uses by providing increased landscaping that is acceptable to the City Planning Division and by allowing the mini -storage building to be constructed in a straight line along the south property line. This would prevent a 20 -foot jog to the north in the building which would create a 20 -foot -wide strip of property behind the building about 55 feet in length that would require regular maintenance in an area that would he difficult tn acc.pcc The total length of the adjustment would be about 70 to 75 feet from the west property line even though no building is proposed for the westernmost 20 -foot rear setback area. Allowing the adjustment would allow construction of the proposed self-contained design which would direct all negative impacts inward and would buffer the proposed facility from surrounding uses along that portion of the south property line by means of an effective type of sitescreening. (4) Permit flexibility of design and placement of structures and other site improvements: The requested side setback adjustment would permit flexibility of design and structures because the location of the building anywhere but within the setback area would result in a break in the buffer that the proposed building would otherwise provide. A 20 -foot jog to the north in the southernmost building would also create a severe internal design problem for the interior buildings and driveways which serve the majority of the facility. (5) Allow development consistent with a specific sub -area plan: This criterion does not apply since the purpose of this requested side setback adjustment is not to comply with a provision of a sub -area plan. Therefore, the requested south side setback reduction from 20 feet to 5 feet along the western portion of the south property line which abuts the R-1 zoning district should be allowed because it would be consistent with the p s se of the B-2 zoning district set forth in C 15.05.020(F) to allow commercial activities that meet the service needs of the community. Allowing the requested adjustment would also be consistent with those purposes of setback requirements detailed in C 15.05.020(D) for the B-2 zoning district because it would not interfere with visual clearance along streets and would still David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 23 RECEIVED FEB 0 6 2014 CITY OF YAKIktioi PLANNING DIV allow areas for sitescreening and landscaping. Finally, as noted above, allowing the requested adjustment would accomplish two of the five listed objectives for an Administrative Adjustment even though only one of those objectives must be served in order to allow the adjustment. (Exhibit A-1, pages 3 and 16; Exhibit E-3). XII. Consistency of the Proposed Use with Development Regulations and the Comprehensive Plan. Compliance with the consistency criteria in Section 16.06.020B of the Yakima Municipal Code is determined by consideration of the following factors: (1) The types of land uses permitted at the site. The proposed residential mini - storage facility is a Class (3) use in the B-2 zoning district which is permitted at the site if the criteria for approval of a Class (3) use with the requested setback Administrative Adjustment are satisfied, which is the case here if the conditions of approval required by this decision are satisfied. (2) The density of residential development or the level of development such as units per acre or other measures of density. Residential density is not being increased and the proposed residential mini -storage facility will be otherwise consistent with density regulations for the B-2 zoning district since the Administrative Adjustment criteria are satisfied for the requested setback adjustment. (3) The availability and adequacy of infrastructure and public facilities. Infrastructure and public facilities are available and adequate for the proposed residential mini -storage facility. (4) The characteristics of the development relative to applicable development regulations. Since the criteria are satisfied for approval of the requested setback adjustment, the proposed residential mini -storage facility, as conditioned, would be consistent with applicable development regulations. CONCLUSIONS Based upon the foregoing Findings, the Hearing Examiner concludes as follows: David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 24 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV. (1) The Hearing Ex. I iner has jurisdiction to approve Class (3) use applications and Administrative Adjustments under the circumstances prescribed by the zoning ordinance, which circumstances warrant approval of this application with a setback Administrative Adjustment, subject to the conditions set forth below. (2) Public notice requirements have been satisfied. (1) A npfp.;nati'mn nf XL -v. -be; n-r.;f1"rirk".3,nn ICJ WA.' on1-"aLA011111/16.1 30, ..c.v J VV 111%011 became final without an appeal. (4) Transportation Concurrency review under C Chapter 12.08 found that the proposal will not exceed the PM Peak Hour capacity of the City's arterial street system and that reserve capacity will exist on all impacted arterial streets. (5) The proposed residential mini -storage facility with a setback Administrative Adjustment to the west 70 or so feet of the south property line which abuts the R-1 zoning district can be adequately conditioned by the conditions set forth below so as to ensure compatibility, compliance and consistency with the policies, objectives and standards of the Comprehensive Plan and with the intent, the character, the provisions and the development standards of the zoning district and of the zoning ordinance, including the Administrative Adjustment provisions thereof. (6) This decision entitles the applicant to a Certificate of Zoning Review subject to time limitations for completion of both phases prescribed by this decision or prescribed otherwise in agreed provisions of a development agreement. (7) This decision may be appealed to the Yakima City Council within the time and in the manner required by applicable City ordinances. DECISION The proposed residential mini -storage facility with the requested Administrative Adjustment to allow a 5 -foot rather than 20 -foot setback for the 70 or so feet along the Single -Family Residential (R-1) zoning district abutting the site on the south as described David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 25 in Class (3) use application CL3 #003-13, in RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV, #006-13 and in SEPA #020-13 is APPROVED, subject to the following conditions: (1) The applicant shall satisfy all applicable Urban Area Zoning Ordinance, building code and fire code requirements. (2) In order to resolve difficulties involved in approving a use that is generally considered to be incompatible at its proposed location, particularly a use that would have a much larger building scale and much longer metal walls than single-family residences on neighboring properties, one of the following sitescreening options shall be shown for each of the three sides of the proposed complex on a revised site plan and described in detail in either a landscaping plan or a sitescreening plan or a combination of both, whichever is applicable, in a manner that is acceptable to the Planning Division: A. North property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H," "K," "I" and "J" to provide an enclosed compound as suggested in the applicant's n. ative, 2) provide site screening "A" along the north property line, and 3) provide a decorative facade along the backs of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. Provide a six-foot high decorative masonry, stone, or stucco wall along the north property line, and 2) install a decorative facade along the back and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. Install a dense vegetative screen made of arborvitae or other evergreen plants which obscures the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the two mini -storage buildings promptly after they are completed and which are allowed to grow to a height that obscures the wall of the buildings from view of the abutting residential uses, and include plantings acceptable to the Planning Division in the 10 -foot -wide landscape rock drainage swale prior David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 26 RECEIVED FEB 0 6 2014 t.:1 FY OF YAKIMA PLANNING DIV. to approval of the building permit for the final building or promptly upon the extension and improvement of Nob Hill Boulevard to City standards along the site if that occurs prior to issuance of the final building permit. B. South property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H," "K," "1" and "J" to provide an enclosed compound as suggested in the applicant's narrative. and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. 1) Install a six-foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the mini -storage building promptly after it is completed and which are allowed to grow to a height that obscures the wall of the building from view of the abutting residential uses. C. West property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H," "K," "I," and "J" to provide an enclosed compound as suggested in the applicant's narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative facade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 27 RECEIVED FEB 0 6 2014 CITY OF YAKIMA PLANNING DIV c. 1) Install a 6 -foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses; or d. Install a dense vegetative screen made of arborvitae or other evergreen plants which are initially at least 4 feet in height near the back wall of the mini -storage building promptly after it is completed and which are allowed to grow to a height that obscures the wall of the building from view of the abutting residential uses. (3) In the event that false windows are used, they shall be incorporated with a black background rather than traditional white, and a lighting plan detailing the lighting that will be utilized in a m er acceptable to the Pl. ing Division shall be submitted. (4) In the event the temporary vehicle storage is still sought, the vehicle storage shall only be allowed upon paved portions of the proposed mini -storage development. (5) Access to the kiosk for the facility may be allowed 24 hours per day every day of the week. Access to the storage units themselves may only be allowed during hours prescribed by the owner that are between 7 a.m. and 8 p.m. every day of the week. (6) Complete stormwater design plans, specifications and runoff/storage calculations supporting the stonnwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. A stormwater site plan shall be submitted to the City of Yakima Surface Water Engineer prior to permit issuance. (7) Prior to permit issuance, the applicant shall revise the submitted site plan to correctly incorporate all required Title 12 development and fire access requirements which include without limitation curb, gutter, sidewalk, street lighting, the required type of pavement for the fire access lane and the required or agreed type of sitescreening for the facility. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; AEU #006-13 28 RECEiVF.0 FEB 0 6 2014 OlTY OF YAKIMA PI-ANN/NG 01V (8) Prior to permit issuance the applicant shall dedicate the required right-of-way for Nob Hill Boulevard and South 80th Avenue to the City of Yakima as directed by the City of Yakima Engineering Division. (9) A final site plan shall be submitted to the Planning Division prior to issuance of any development permits which incorporates all conditions that are stated herein or are otherwise established by mutual agreement of the applicant and Pl. ing Division. (10) Phase 1 of this development shall be completed within two (2) years from the date of issuance of the Certificate of Zoning Review for this proposal, and Phase 2 of this development shall be completed within five (5) additional years thereafter, or within a total of seven (7) years from the date of issuance of the Certificate of Zoning Review for this proposal. If the applicant and Planning Division mutually agree to a greater number of buildings in Phase 1 than proposed before or during the hearing, a time period longer than two (2) ye. may be prescribed in the development agreement for completion of Phase 1 without returning to the H. 'ng Ex: mer for approval of a different time period. The approval and authority for any construction not completed within the prescribed time periods shall expire and be of no further force and effect unless the City within its sole and absolute discretion approves one or more extensions prior to the expiration of either time period. (11) The applicant shall enter into a development agreement with the City of Yakima detailing conditions of approval; provisions of applicable building, zoning and other city codes; phasing details for the buildings in the development project; and any additional mutually agreeable requirements applicable to the development. The develop- ment agreement may include revisions to the conditions prescribed by this decision if those revisions . - mutually agreed to by the City of Yakima and by the applicant. Absent such agreement, the conditions herein prescribed shall be included in the development agreement. DATED this 6th day of February, 2014. David Hoeger Residential Mini -Storage Facility 8102 West Nob Hill Boulevard CL3 #003-13; ADJ #006-13 29 • Gary M. Cuilhier, Hearing Examiner CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for REQUEST FOR TYPE (3) REVIEW & ADMINISTRATIVE ADJUSTMENT Application # CL3#003-13 & ADJ#006-13 APPLICANT: David Hoeger / NEI Investors APPLICANT ADDRESS: 610 S. 24th Ave., Yakima, WA 98902 PROJECT LOCATION: 8102 W. Nob Hill Blvd., Yakima, WA 98908 TAX PARCEL NUMBERS: 18133041002 & 18133041001 DATE OF REQUEST: September 30, 2013 DATE OF RECOMMENDATION: January 16, 2014 STAFF CONTACT: Jeff Peters, Supervising Planner I. DESCRIPTION OF REQUEST: On September 30, 2013, the City of Yakima Department of Community Development received an application for Type 3, Administrative Adjustment, and State Environmental Policy Act Checklist (SEPA) Review. The applicants are requesting a zoning and environmental review approval for the proposed construction of a 56,575 sq. ft. residential mini -storage and an Administrative Adjustment of the setback standard from an abutting residential district from 20 to 5 ft. in the B-2, Local Business zoning district. II. SUMMARY OF RECOMMENDATION: The Administrative Official recommends approval of the Type (3) and Administrative Adjustment application, subject to conditions. III. FACTS: A. Environmental Review. This project underwent a State Environmental Policy Act review because it did not fall below the City of Yakima's flexible threshold for SEPA, as established in Section 6.88.070 YMC. Furthermore, on December 30, 2013, the City of Yakima completed its environmental review of the project by issuing a Determination of Non -Significance on proposal which was not appealed during the 14 -day appeal period that ended on January 13, 2014, B. Comprehensive Plan. The City of Yakima's 2006 Yakima Urban Area Comprehensive Plan, Future designates this area as Local Business (B-1). David Hoeger / NEI Investors cL3#003-I 3 & ADJ14006-13 LanaraP INDEX C. Statement of Cause. Pursuant to YMC § 15.15.030, the applicant has provided in his application (dated February 13, 2013) the following paraphrased statements explaining his reasons for the Class (3) Use and Administrative Adjustment (see Class (3) and Administrative Adjustment Narrative): 1. Class (3) Statement of Cause; "The proposal is to construct a 55,800 sq. ft. residential mini -storage complex at the southwest corner of S. 80' Ave. and W. Nob Hill Blvd. on approximately 2.8 acres in two phases Phase 1 would consist of 16,700 sq. ft. in 4 separate buildings and Phase 2 would consist of 39,100 sq. ft. in six separate buildings. A total of 550 storage units will be created through this proposal..." In addition, this proposal also requests "temporary outdoor storage on gravel parking during the construction time frame between the two phases. Temporary outdoor storage will be limited to 70 parking spaces and be located just north of Building D. Outdoor storage will be on a month to month basis and will be eliminated once the project is complete." "The proposal is compatible to neighboring properties because it has been designated as an internal compound. The concept is to have the storage buildings located adjacent to the north and south property lines to prevent any adverse noise or activity from bothering the surrounding property owners. The west property line setback will meet the district standard of 20 feet. The front of the proposal, along S. 80th Ave has been designated to have the least amount of "mass" at that location. The mass is broken -up by having two of the storage buildings along S. 80(h Ave. constructed with a retail style facade. In addition, to the facades, the property abutting S. 80" Ave. is proposed to be landscaped with grass, shrubs and trees. This will present the project in an aesthetically pleasing way to neighbors and the traveling public." "The proposal has been designated as a compound to keep all adverse aspects of the project from leaving the site. All traffic, loading, unloading, noise and lighting will be retained inside because the storage buildings will buffer these activities from neighboring properties. Additionally, 6 -foot view obscuring fences are proposed along the west and south property lines to protect the existing single-family residences in that area from the mass of the buildings." "The proposal is consistent with the current zoning of the property because it is a commercial use being constructed in a commercial zoning district. The proposal provides a small service need in the district that will serve the needs of the community as anticipated by the zoning district...and improves the appearance of the commercial corridor." "The proposal is consistent with the uses and zoning of neighboring properties because this is a classic mixed-use neighborhood with zoning and uses that vary in intensity. In particular, this development is consistent with the surrounding residential uses because it directly serves the storage needs of the surrounding residences both single and multi- family in nature." "This proposal is in the best interest of the community because it provides a new residential mini -storage complex in the West Valley area. ., and this project has been designed in a fashion that promotes compatibility with the surrounding neighborhood by promoting the concept of an internal compound to prevent adverse aspects of this project from leaving the site, and meet as many of the required development standards as possible." David Hoeger / NEI Investors CL34()03-13 & ADJ40(16-I3 INDEX # A- t 2. Administrative Adjustment Statement of Cause: The purpose of this setback request from the R-1 zoning district is to be able to construct the mini -storage building in a straight line along the south property line. Strict enforcement of the current standard would require the west 55 feet of the south mini -storage building to be 'jogged" 20 -feet to the north, which would create a severe internal design problem for the interior buildings and driveways which serve the majority of the facility. The requested adjustment of 55 feet is an approximate 4 percent setback adjustment as measured along the south property line, Additionally, it would create a 20 -foot strip of property that would require regular maintenance in an area that is difficult to access...The current storage unit complex configuration is a win-win scenario for all involved because it mitigates its impacts and prevents incompatibilities from occurring." D. Processing. 1. The application for Type (3) and Administrative Adjustment Review were received on September 30, 2013. 2. The applications were deemed complete for processing on October 25, 2013, however Notice of the Application to adjoining properly owners was delayed until December 3, 2013, al the request of the applicant to allow them time to make some minor changes to their submitted site plan which was received on November 26, 2013. 3. The proposed mini-siorage is classified as a Class (3) use in the B-2 zone, and is therefore being reviewed under Type (3) Review. 4. This application is being processed under the provisions of YMC § 15.15.040, and 15.10. 5. Pursuant to YMC Ch. 1.43, the Hearing Examiner has the authority to make a decision on matters prescribed by YMC Title 15. 6. Pursuant to YMC § 16.05.010, a Notice of Application and Public Hearing was sent to the applicant and adjoining property owners within 300 -feet of the subject property on December 3, 2013. One comment letter supporting the proposal was received. 7. Development Services Team Review. The proposal was reviewed by the DST on November 12, 2013. Final comments of the DST members are summarized below. a. Codes• i. Since the main entrance to the proposed mini -storage unit is from 80d1 Ave., the proposed address for this project is 1102 S. 80" Ave. ii. The applicant shall show an additional fire hydrant installed in a location approved by the City of Yakima Fire Department prior to approval of the final site plan. b. Engineering: i. This development is subject to Title 12 development standards which include, but is not limited to the following sections of the Yakima Municipal Code (YMC), (see the applicable code portion of this staff report for specific code language or City of Yakima Website for the complete code):YMC 12.01, 12.02, 12.03, 12.04, 12.05, 12.06, and 8.64. ii. Curb, gutter and sidewalk is required to be constructed along 801h Ave. in accordance with YMC 12.05 and 12.06. iii. 801h Ave, is classified as a Collector Arterial requiring 40' of right-of-way from centerline on this development's side of the street. iv. Nob Hill Blvd. is designated in the West Valley Neighborhood Plan as a Minor Arterial which is currently deficient in right-of-way, and requires dedication of 40' of right-of-way from this development's frontage (and depicted on the applicant's November 26, 2013, site plan). David Hoeger NEI Investors ',4(X).•; ADJR(106-13 INDEX v. Upon approval of this development, the applicant shall submit engineering plans which meet the design standards of YMC 12.06.030 for Collector Arterials, for the construction of 8041 Ave which includes road improvements and curb gutter and sidewalk that will be turned to meet the future alignment and dedicated width of Nob Hill Blvd. vi. A streetlight will need to be installed at the NW corner of 801h and Nob Hill Blvd. vii. All proposed driveways shall be constructed per YMC 8.64 and the City of Yakima Standard Detail R4 -Driveway Approaches. c. Stormwater i. As this project involves clearing or grading one acre or more, a Stormwater Site Plan shall be required from the applicant. ii. Grading and/or building permits shall not be issued without an approved Stormwater Site Plan. iii. Complete stormwater design plans, specifications, and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer prior to construction, iv. UIC Registration — Stormwater: In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067. Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction, Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer prior to permit issuance. d. Water i. This area lies within the service area of Nob Hill Water. e. Wastewater i. As there are no sanitary facilities of any kind in this development, sewer is not required to be extended into these two parcels. Streets and Traffic i. No specific traffic issues. Frontage improvements are required per the Engineering Department's direction. E. Applicable Law. Yakima Urban Area Zoning Ordinance Class (3) Land Use Defined: Pursuant to YMC § 15.02.020, "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) uses may be permitted by the Hearing Examiner when he determines, after holding a public hearing that the use complies with provisions and David Hoeger / NEI Investors CL3P003-I 3 & ADP/106-13 4 standards; and that difficulties related to the compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive Plan policies have been adequately resolved." 2. Review: Pursuant to YMC § 15 04.020(C), "Class (3) uses are generally not permitted but may be allowed by the Hearing Examiner after 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 Ch. 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." 3. Compatibility. Defined: Pursuant to YMC § 15.02 020, "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." 4. Structure Setbacks. a. Purpose statement: Pursuant to YMC § 15.05.020(D), "Structure setbacks are the minimum structure setbacks permitted...with Type (1) Review. In the commercial districts, building setbacks provide visual clearance along streets and areas for site screening and landscaping." b. B-2 Setback Standards: Pursuant to YMC Ch. 15.05, Table 5-1, the front, side and rear setbacks in the B-2 zoning district are as follows: Front -yard from an Arterial street: 30 -feet from the centerline of the abutting street. Rear -yard from property line: No setback required. Rear -yard from abutting residential district: 20 -feet from property line. Side -yard setback from a property line: 5 -feet from the side property line. Side -yard setback from a Minor Arterial: 30 -feet from centerline of abutting street. 5. Maximum Lot Coverage. Purpose statement: Pursuant to YMC § 15,05.020(C), "maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the commercial districts maximum lot coverage requirements are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off-street parking." B-2 Maximum Lot Coverage Standard: Pursuant to YMC Ch. 15.05, Table 5-1, the maximum lot coverage in the 5-2 zone is 80%. 6. Access Required. Purpose Statement: All new development shall have a minimum of twenty feet of lot frontage upon a public road or be serviced by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development. 7. Maximum Building Height, David Hoeger / NEI Investors cL3#003-I3 & ADA006-13 5 INDEX # A Purpose Statement: "Maximum building height is intended to maintain building heights compatible with the character and intent of the district." The maximum building height in the B-2 zoning district is 35 -feet. 8. Street Right -of -Way Dedication. Pursuant to YMC 15.05 050, "all new development shall ded|cc*e, where neoennary, street right-of-way in conformance with the standards in the County/City Subdivision Ordinance and the Arterial' Street Plan adopted in the Yakima UrUan Area Comprehensive Plan..." S. Lighting of Parking Lots. Pursuant to YMC 15.06.100. "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting properties..." 10, Site screening. Purpose Statement: The purpose of YMC 15.07 is to: 'estabIish site screening standards to provide a visual buffer between uses of different intensitv, streets and structun:n. reduce erooion, and storm water runoff; protect property va|ueo, and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, |itter, noise, glare, /ights, signo, water run-off, bui|dingm, or parking areas." Site screening standards for the proposed development within the B-2 zoning district based upon existing surrounding and proposed uses, and YMC 15.07.050 .090: North: Site screening Standard A'; South: Site screening Standard "C" East: Site screening Standard "A"; 1 STANDARD ^A^: Consists of a ten -foot -wide landscaped planting strip with trees at twenty -foot to thiceriters, which includes shrubs and groundcover. 2. STANDARD "B': Consists of a three -foot -wide planting strip that will create a living evergreen screen that is at least six feet in height within three years. 3. STANDARD ^C^ Consists of a six-foo1-high, view -obscuring fence, made of wood, masonry block, concrete, or slatted chain link material. A three -foot -wide planting strip landscaped with acombination o/trees, shrubs and groundcover along the outside of the fence is also required when the fence is adjacent to a street, alley or pedestrian way. 11. Administrative Adjustment of Some Development Standards Authorized. Purpose Statement: The purpose of YMC 15.10.020 "|s to provide flexibility by allowing certain development standards in YMC Ch. 15.05 — 15.08. be administratively adjusted. A particular standard may be reduced or modified, so long as, the Administrative Official determines that the adjustment and/or reduction is consistent with the intent and purpose of the otandends, and will accomplish one or more of the foliowing objectives: A. Allow buildings to be sited in a manner, which maximizes solar access; B. Allow zero lot line or common wall construction in conformance with the provisions, C. Coordinate development with adjacent land uses and the physical features; David Hoqger/NEI Investors co4m13'13aAcomo'13 6 INDEX D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accomplish the proposed structure or site improvement; or, E. Allow development consistent with a specific sub -area plan adopted by the appropriate jurisdiction." 12, Special Conditions of Approval Authorized. Pursuant to YMC 15.10.030, "the development standards and other conditions for approval specified in this Title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development, or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to: 1. Accomplish the objective and intent of any development standard or criteria for approval set forth in this Title; 2. Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise; 3, Insure compatibility of the development with existing neighboring land uses; 4. Assure consistency with the intent and character of the zoning district involved; or 5. Achieve arid further the expressed intent, goals, objectives, and policies of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance..." Yakima Urban Area Comprehensive Plan: 13. Future Land Use Designations Defined: For a zoning designation or district to be allowed on a piece of land, it must be compatible with the land use designations on the Future Land Use Map. It can be assumed that zoning will be applied that results in land being developed as described in the various designations. 14. Neighborhood Commercial Defined: Pursuant to YUACP Pg. III -14, the Neighborhood Commercial designation is defined as "small scale, neighborhood convenience commercial use and services primarily for residences of adjacent neighborhoods. These areas are typically located along a minor arterial, or at the intersection of a minor arterial and a collector arterial street". 15. Applicable Comprehensive Plan Goals and Policies. Purpose Statement: "Goals and Policies will serve two principal purposes: to guide development decisions in the UGA, such as rezone requests, development reviews, etc., or to outline specific actions or programs that implement the Plan.. Applicable Goals and Policies Listed: GOAL 3.8: Make commercial areas a desirable place to work and shop. Policies: 3.8.1 Commercial uses and developments should be designed to be compatible with surrounding land uses, especially to avoid encroachment into residential areas. 3.8.2 Allow and encourage transitional uses or development, such as office, multi -family or buffer areas, such as open spaces. David Hoeger / NEI Investors CL311003-13 & ADJ#001)-I3 7 INDEX 3.8.3 Avoid placing land uses that create excessive noise, unless the noise level can be mitigated, in locations that are close to residences or other noise - sensitive land uses, 3.8.5 Ensure compatibility between commercial structures and adjoining residential uses, Require commercial structures to use building scale, roof style, and building materials similar to, or compatible with, the adjoining residential structures. 3.8.6 Commercial uses adjacent to residential areas should use effective landscape buffers with living plant vegetation such as evergreen trees, bushes, open space or other design controls to minimize noise, glare, and other impacts associated with commercial land use to ensure that their location will not adversely affect the residential areas. GOAL 3.12: Provide small scale, neighborhood convenience commercial uses and services, primarily serving residents of adjacent neighborhoods. Policies: 3.12.1 A Neighborhood Commercial center will provide land uses for businesses such as grocery stores, convenience stores, drug stores, restaurants and small retail stores. 3.12.2 The typical size of a Neighborhood Commercial development is three to ten acres and serves a population of 3,000 - 40,000 people. 3.12.3 Neighborhood Commercial uses shall be located at the intersection of a principal arterial, minor arterial or collector arterial. 3.12.4 Neighborhood Commercial may be allowed when water and sewer service, street improvements, traffic control devices, municipal services and other development -related improvements are in place. 3.12.5 Adequate buffering shall be provided between adjacent residential land uses. 3.12.7 Neighborhood Commercial uses shall be located in areas that will enhance, rather than hinder, the stability of residential areas. 3.12.8 The predominant uses of Neighborhood Commercial shall be small-scale business that will not have significant adverse impacts on adjacent neighborhoods. City of Yakima Title 12 Development Regulations: 16. YMC 12.01: Construction of Public Works Improvements: "... (1) Any person or entity which undertakes to construct any public works improvement in the city of Yakima, including, without limitation, applicants who are granted a permit or approval that is conditioned on or otherwise requires construction of public works improvements in the city of Yakima, shall comply with the provisions of this chapter..." 17. YMC 12.02: Establishment of Easements: "Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new lots and redeveloped lots to provide future utility access as determined necessary by the city engineer. Public utility easements shall be David 1-loeger 1 NEI Investors CL3#003-13 & ADJa()06-13 8 dedicated (granted) at the time that subdivision and/or land use approval is granted. ([)nd.20O1'1388. 2001: Ord. S8-G4G 1 (part), 1888)...^ 18, YMC 12.04: Water: "All new lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Connpony, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city engineer in cooperation with the code administration manager and water irrigation division manager. (Ord 2001-13 § 20, 2001: Ord. 98-64 § 1 (part), 1988)..." 19. YMC 12.05: Sidewalks: "Sidewalks shall be installed along both sides of all new, innprnwmd, and reconstructed streets. Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. (Ord. 2001-13 § 23, 2001: Ord. 98-64 § 1 (part), 1998)..." 20. YMC 12.06: Streets: "The Yakima urban area comprehensive plan, andlor the West Valley neighborhood plan, designates the functional classification of the principal arterial, minor arterial and collector streets and establishes their functional o|eamificahon. All other streets are classified as local residential access. (Ord. 2012- 30 § 1 (Exh. A) (part), 2012: Ord. 2OO1-13G27. 2001: Ord. 98-64 § 1 (part), 1998)... Right-of-way shall be dedicated and street surfacing provided in accordance with YMC 12.06.020 Figure 1...^ Regulation of street curbing, street lighting, pmttern, and other pedestrian facilities are also regulated under YMC 12.00. 21. YMC 8.84: Driveway Approaches and Curb Cuts: All proposed driveways shall comply with the desi0n, conm1nucUon, and permitting requirements of sections. 010 - .150. IV. FINDINGS: Class (3) use: . Pursuant to YMC §15.03.O2U(F).the B-2 zoning district is intended to: 1) provide areas for commercial activities that meet the small retail shopping and service needs of the community; and 2) accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. 2. Pursuant to YMC § 15.04.030. Table 4-1 the proposed mini -storage complex is a Class (3) use in the B-2 zoning dimtric1, which may be considered for approval under the provisions of the Class (3) use review criteria. 3. Pursuant to YMC § 15.04.020(C). "Class (3) uses are generally not permitted but may be allowed by the Hearing Examiner after 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 Ch. 15.15 shall be used to review and evaluate Class (3) uses or Class (2) uses that have been forwarded 10 the Hearing Examiner for review." David *uege'/NEI Investors rm*00'13uAomo06-13 9 DOC. INDEX A # 4. Pursuant to YMC § 15.04.020(C). 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. 5. The submitted written narrative, e|evaUona, kandscaping, and site improvements for the proposed mini -storage complex are intended to demonstrate that the proposed use is compliant and compatible with the B-2 zoning district, surrounding zoning districts, land uses, and City of Yakima 2006 Comprehensive Plan. 6. The surrounding properties contain mixed uses arid zoning as foliows: Direction Zoning Land Use North B-2, Local Business Single -Family Homes South R-1 Single -Family Residential Single -Family Homes South B-2, Local Business Single -Family Homes West R-1, Single -Family Residential Single Family Homes East R-3, Multi -Family Residential Mobile -Home Park Urban Area Zoning Ordinance DevelStandard Compliance: 7. In reviewing the applicant's November 4, 2013. site plan for a residential mini -storage, the City of Yakima Planning Division finds that the submitted site plan is compliant with the following minimum development standards of the City of Yakima's Urban Area Zoning Ordinance Title 15 for the B-2 zoning district: 1) Development Improvement Standards:15 05.020: (A) Table of Site Design Standards and Subdivision Requirements, (C) Lot Coverage, (D) Structure Setbacks (with the exception of the S. property line which is requested for adjustment), (F) Maximum Building Height, (G) Fences and Walis, (H) Access Required, (J) Sidewalk Required, 2) 15.07 Site screening (with the exception of the N. property line), 3) 15.08Signs. (none submitted), and 15.06 Off -Street Parking and Landscaping. 8. In regard to areas of non-oonnp|imnce, the subject site plan does not meet: 1) the requirement of YMC 15.05.020 (D) Structure Setback from an abutting residential district of 20 -feet. but which has been requested to be Administratively Adjusted under the provisions of YMC 15.10.020. and 2) the site screening standards of YMC 15.08 for landscaping meeting Site screening Standard "A" as detailed above in this report. 9. In addition, as identified in the applicants narrative, the subject development proposes a temporary gravel parking area for storage of vehicles upon the area identified as Phase Z. The City of Yakima's Municipal Code does not allow for unpaved parking or gravel vehicle storage. 10. The applicant's development application indicates that the proposed min -storage will be an unmanned facility accessed by a kinak, thereby; implying 24-hour access may be provided. If this is the case, the applicant will need to provide a lighting plan to the City of Yakima Planning Division which meets the requirements of YMC 15.06. Urban Area Zoning Ordinance Adjustment Standards: 11, The proposed setback adjustment from an abutting residential district from 20 fL to 5 M. is a 75% reduction in the standard, and generaily does not meet the intent and purpose of the commercial district setback. David Hoeg* / NEP Investors |0 INDEX a. The requested adjustment does not request or provide for the allowance for buildings to be sited in a manner, which maximizes solar access; b. The requested adjustment does not allow for zero lot line or common wall construction; c. The request does not involve a specific sub -area plan; d. The adjustment request does coordinate development with adjacent land uses and the physical features; and e. Does permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accomplish the proposed structure or site improvement. However, to address the requested increased distance of the building to the property line the applicant has provided an increase in the landscaping along this 55 -foot section of the South property line. 2006 Comprehensive Plan 2025 Compliance: 12. The proposed mini -storage use can be interpreted as meeting the definition for the Neighborhood Commercial as residential mini -storages are generally developed and designed to serve the residences of adjacent neighborhoods, and the proposed mini - storage in question is located along S. au' Ave. a Minor Arterial Street, and the extension of Nob Hill Blvd. designated as a Primarily Arterial Street. 13. As currently designed, the City of Yakima Planning Division finds that the proposed development meets the following Comprehensive Plan goals and policies: 3.8.2, 3.8.3, 3.12, 3.12.2, 3.12.3, 3.12.4, and 3.12.7. 14. Comprehensive Plan goals and polices which are not supported by the proposed development are as follows: 3.8.1, 3.8.5, 3.8.6, 3.12.5, and 3.12.8. City of Yakima Title 12 Development Standards: 15. 80'h Ave. is classified as a Collector Arterial and is deficient in right-of-way requiring 40' of right-of-way from centerline along this development's frontage. 16. Nob Hill Blvd. is designated in the West Valley Neighborhood Plan as a Minor Arterial and is currently deficient in right-of-way, requiring dedication of 40of right-of-way from this development's frontage. 17. Frontage Improvements, stormwater facilities, and domestic water in accordance with YMC Title 12 Development standards are required as a condition of this development as more fully described above in this report. 18. The applicant's site plan identifies the appropriate amount of right-of-way to be dedicated for both Nob Hill Blvd. and S. 80'h Ave. In addition, with the exception of the required paved fire access lane to the development's emergency access gate, the required curb gutter, sidewalk turned down Nob Hill Blvd, and street light installation, the applicant's site plan correctly show the required frontage improvements and amount of dedicated right-of-way. David Hoeger / NEI Investors CL3r/003-13 & ADJ4006-I 3 11 INDEX # A V. STAFF ANALYSIS In reviewing the applicant's proposed development, the City Planning Division would again like to note the fact that this proposed development is a Class (3) use which requires a Type (3) Review. The Class (3) use definition clearly states that these types of uses are generally incompatible because of their size, ennioniona, traf8c, neighborhood character or other reasons. In addition, the definition continues to state that the use may only be permitted after the Hearing Examiner determines that the use is properly sited and deaigned, complies with the provisions and ntandmndo, and that compatibility issues, and Comprehensive Plan policies have been adequately addressed. It is the Planning Division's interpretation of the previous mentioned definition (hat in order for a Class (3) use to be deemed compatible a proposed use must meet or exceed all development standards, Comprehensive Plan goals and policies, and provide appropriate mitigation for all identified impacts whether or not the impacts, goals and policies have been identified by the public. The Planning Division has viewed the site and surrounding properties and has found that the surrounding homes and construction is of an older style of single-family home which generally appear to be stick built, possibly circuit 1930 or earlier, and is of a lower quality in comparison to some of the newer developments both north and west of these p/0pertiew. The Division also notes that there is a mobile -home court across S. 80th Ave, which also appears to be of a lower quality, hov/eYe, it is completely site screened from the surrounding single-family homes with a dense screen of arborvitae along S. 80m Ave. Surrounding properties are zoned either B-2 or R-1, but contain residential uses. AlVhuVgh. the area may be of lower quality construction or architectural design, it is the Planning Division's interpretation of the Class (3) definition and various district intent statements of the City of Yakima's Comprehensive Plan and Zoning Ordinance which direct that regardless of the quality of the surrounding homes or conatruction, appropriate design uharacteristics, site screening, |andncoping, and other development standards should be employed to protect existing uses, and address the impacts of a proposed use. To ignore the impacts of a proposed development based upon the fact that the surrounding uses are in poor condition or character denies those surrounding properties and uses the protections that the Zoning Ordinance, and Urban Area Comprehensive provide for, and further limit the development of the surrounding properties in terms of quality, and character of design to no higher standard than the last approved development, There is ari old saying that "a rising tide floats all boats.' Which in the case of this development means that a development should not be measured in terms of compliance and/or compatibility based upon the minimum zoning ordinance standards, but from the higher standard of fu/|y compliance with all applicable Comprehensive Plan and Zoning Ordinance Compliance. With these principles in mind, the Planning Division recognizes the fact that this proposed development as currently designed meets some of the City of Yakima's development ntandards, and fully believes that the development's impacts can be completely mitigated rendering the proposed development 100% compliant with all Comprehensive PIan goals and policies, and Zoning Ordinance standards. However it also recognizes the fact that the proposed development as currently designed does not address all of its innpmcts, nor does it meet all of the applicable identified Comprehensive Plan goals and policies, and thereby on its face could be deemed incompatible. The City of Yakima Planning Division has worked with the developer with the intent of helping them provide a workable well designed architectural p|easing, and compatible David Hcegerl NE! Investors C1.14003'13& Aru4006'o |2 DOC. INDEX ��_ = /` mini -storage development that mitigates for all of its impacts. S|mUeMy, the applicant has also worked diligently in revising their site plan, and providing additional information and plans to make their development as compatible as possible which includes: 1) a development that meets almost all of the City of Yakima's minimum development standards, and 2) excess of some of the minimums by providing amenities such as increased landscaping along S. OOm Ave.. providing an architectural pleasing development front (with clock tower), and false wall with landscaping along Nob Hill Blvd. (see architectural renderings and elevation/landscape plan dated December 19, 2013). However, as nice as these features are, and as well designed the development may be, during the course of this development review and analysis the Planning Division found the following areas of deficiency that either do not meet the minimum requirements or require additional mitigation to ensure that the proposed development is compatible with the surrounding neighborhood: The submitted site plan conflicts with the landscaping plan indicating that site screening standard ^A" will be installed along Nob Hill Blvd., while at the same time, indicating that the lO-foot area between storage building ^K" and Nob Hill Blvd. is proposed to be a drainage swale with gravel/drain rock. 2. The applicant's narrative requests that the unbuilt portion of the mini -storage development be allowed to be used as gravel vehicle storage. The City of Yakima presently does not allow gravel parking or storage for any use, 3. The applicant indicated in their narrative and on their site plan that the development will be phased with buildings ''A. B. C. and D", being constructed during Phase 1 along with all required site screening/landscaping of the proposed facility. While the proposed phasing plan meets the intent and requirements of landscaping/site screening requirements, the proposed timing of constructing buildings ''K. H. and |~ during Phase 2: 1) leaves the site open to the public, and 2) for an undetermined amount of time, temporarily decreases the site's site gcreenin8, buffering of |ight, and noise which the applicant's plan was designed to mitigate. In oddihon, this proposed phasing creates compliance issues with the City's Comprehensive Plan policies 3.8.1, 3.6.5. 3.8.6. 3.12.5, and 3.12.8. 4. As presently designed, the architectural design of the proposed mini -storage units would not meet the City of Yakima's Comprehensive Plan policy 3.8.5 which requires that commercial structures should be designed to use building sca|e, roof oh/|e, and building materials similar to, or compatible vYi1h, the adjoining neighborhood's structures due to the fact that the surrounding residences with the exception of the mobile home park which is completely site screened have metal roofs or fronted buildings. To address the identified issues the Administrative C)ffiuie|, under the provisions of YMC 15.10.030. is recommending the following conditions be imposed to: 1) ensure that the development standards for site screening and landscaping are appropriately applied, 2) mitigate any noise, light, or aesthetic compatibility issues created by the development, 3) assure consistency with the intent and character of the surrounding development, and 4) to ensure compliance with policy 38.5 of the City of Yakima's 2006 Comprehensive Plan. It is the opinion of the City of Yakima Planning Division that should the developer David Hueoe,/NEI Investors 13 DOC. INDEX""~~=�=w # � % implement the following recommended conditions of approval that the proposed development can be deemed 100Y6 compatible, and compliant with all Zoning and Comprehensive Plan goals and polices: 1. To ensure that there is appropriate buffehng, screening of noise, light and other undesirable impacts, and that the proposed design is compatible with the abutting residential uses the developer will be required to submit a revised detailed site plan, site screening plan, landscape plan, and lighting plan acceptable to the City of Yakima Planning Division which incorporates the below options and/or other conditions of approval imposed by the Hearing Examiner, a. North property line: i. The applicant will be required to: 1) reorder the construction of Phase 1 to include buildings "H, K. i and J^to provide an enclosed compound as suggested in the applicants narralive, 2) provide site screening °A"along the N. property line, and 3) provide odecorative facade along the backs of the buiIding and roof which shields these metal features from the view of the abutting residential uses; or ii. 1) Provide a six-foot hih decorative masonry, stone, or stucco wall along the N. property line, and 2) install a decorative facade along (he back and sides af the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or iii. Install a dense vegetative screen made of arborvitae or other evergreen plants which obscures the mini -storage units from view of the abutting residential uses. b. South property line: i The applicant will be required to: 1) reorder the construction of Phase 1 to include buildings "H, K. |, and J^to provide an enclosed compound as suggested in the applicants narrative, and 2) provide a decorative fa9ade along the back of the buildings and roof which shields these metal features from the view of the abutting residentjal uses; or David w000c,/NEI mvesmrs Cl Amww6./:k U. 1\Provide asix-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative fagade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or iii. 1) Install a 6 -foot hih view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses. 14 INDEX��~�~�~. A \ c. West property line: i. The applicant will be required to: 1) reorder the construction of Phase 1 to include buildings "H, K, I, and J" to provide an enclosed compound as suggested in the applicants narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or ii. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along the property line, and 2) install a decorative fagade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or iii, 1) Install a 6 -foot high view obscuring fence meeting site screening "C", and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini -storage units from view of the abutting residential uses. 2. In the event that false windows are used they shall be incorporated with a black background, rather than the traditional white, 3. In the event the temporary vehicle storage is still sought, the vehicle storage shall only be allowed upon paved portions of the proposed mini -storage development. VI. CONCLUSIONS A. Class (3) Use 1. Pursuant to YMC § 15.04.030, Table 4-1 the proposed mini -storage complex is a Class (3) use in the B-2 zoning district, which may be considered for approval under the provisions of the Class (3) use review criteria. The Hearing Examiner has the jurisdiction to render a final decision on this matter. 2. Class (3) uses are generally not permitted but may be allowed by the Hearing Examiner after 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. 3. The subject property is appropriatly served by public sewer and water. 4. The proposed development site plan is generally compliant with the City of Yakima's Title 12 Development Standards, Fire Code access, and zoning requirements. However, the applicant will need to revise their current site plan to address all recommended conditions of approval. 5. Pursuant to YMC § 15.15.060, a decision of approval by the Hearing Examiner entitles the applicant to a Certificate of Zoning Review, which is valid for one year from the date of issuance of the certificate. The certificate may be extended one time only for up to one additional year by application prior io the termination date, all as set forth in YMC David Hoeger / NEI Investors C1_340(13-1 3 S.: AD.14006- I 3 15 DOC. INDEX # A 15.12.060 (A). 6. In regard to the Class (3) application, The City of Yakima Planning Division has worked cooperatively with the applicants with the intent of ensuring that all identifed impacts of this deve|opennnt are mitigated for and Comprehensive Plan goals and policies addressed. Hnvvmver, with regard to the recommended conditions the City of Yakima Planning Division and applicant have not been able to come to an agreement. Therefore, it is the planning divisions recommendation that should the recommended conditions of approval mentioned above in the staff ano|ysis, and below in the recommendation are employed, the Class (3) Land Use Application should be approved as the application's proposed site layout will conform to all site dmsign, improvement atandords, and architectural design features to make developmen( compatible with the surrounding zoning district and neighborhood. 7. On the other hand, should the applicants not wish to incorporate the recommended conditions, the Planning Division would recommend denial of the proposed Class (3) Use, as the application would not appropriatly mitigate for the development's irnpacto, nor address the identified goals and policies of the City of Yakima's Comprehensive Plan. B. Administrative Adjustment: 1. As previously stated, the proposed setback adjustment from an abutting residential district from 20 ft. to 5 ft. is a 75% reduction in the standard and generally would not meet the intent and purpose of the commercial district setback without additional mitigation. Hmvvevmr, to address the impacts created by the closeness of the building to the property line the applicant has increaseed the landscaping along this 55 -foot section of the S property line resulting in an adjustment request which can be deemed conipliant with the iritent and purpose of the adjusted standard. 2. In addition, Ihe adjustment request meets two of the five objectives for approval of the Administrative Adjustment: a. Coordination of developrnent with adjacent land uses and the physical features by providing a self-contained design which directs all negative impacts inward and buffering the surrouning residential buildings through use of site screening fencing and backs of proposed buildings; and b. Permit flexibility in the design and placement of structures that is the minimum adjustment necessary to accomplish the proposed struclure or site improvement, as location of the building anywhere but within the setback area would result in a break in the buffer that the proposed building provides. |n conclusion, the City of Yakima Planning Division recommends approval of the requested Administrative Adjustment. C. Comprehensive Plan 1. The proposed development without any additional mitigation meets the following Goals and Policies of the Comprehensive Plan: GOAL 3.8: Make commercial areas a desirable place to work and shop. Policies: David *oeg=r/ NEI Investors r134110*13 Acumxx~n l0 INDEX # 4 3.8.2 Allow and encourage transitional uses or development, such as office, multi -family or buffer areas, such as open spaces. 3.8.3 Avoid placing land uses that create excessive noise, unless the noise level can be mitigated, in locations that are close to residences or other noise - sensitive land uses. GOAL 3.12: Provide small scale, neighborhood convenience commercial uses and services, primarily serving residents of adjacent neighborhoods. Policies: 3.12.1 A Neighborhood Commercial center will provide land uses for businesses such as grocery stores, convenience stores, drug stores, restaurants and small retail stores. 3.12.2 The typical size of a Neighborhood Commercial development is three to ten acres and serves a population of 3,000 - 40,000 people. 3.12.3 Neighborhood Commercial uses shall be located at the intersection of a principal arterial, minor arterial or collector arterial. 3.12.4 Neighborhood Commercial may be allowed when water and sewer service, street improvements, traffic control devices, municipal services and other development -related improvements are in place. 3.12.7 Neighborhood Commercial uses shall be located in areas that will enhance, rather than hinder, the stability of residential areas. 2. In addition, with the recommended mitigation indicated within this report and specified below the subject project will comply with all remaining applicable goals and policies of the Comprehensive Plan as listed below: Policies: 3.8.1 Commercial uses and developments should be designed to be compatible with surrounding land uses, especially to avoid encroachment into residential areas. 3.8.5 Ensure compatibility between commercial structures and adjoining residential uses. Require commercial structures to use building scale, roof style, and building materials similar to, or compatible with, the adjoining residential structures. 3.8.6 Commercial uses adjacent to residential areas should use effective landscape buffers with living plant vegetation such as evergreen trees, bushes, open space or other design controls to minimize noise, glare, and other impacts associated with commercial land use to ensure that their location will not adversely affect the residential areas. 3.12.5 Adequate buffering shall be provided between adjacent residential land uses. 3.12.8 The predominant uses of Neighborhood Commercial shall be small-scale business that will not have significant adverse impacts on adjacent neighborhoods. VII. RECOMMENDATION Provided the proposed Class (3) Use and Administrative Adjustment request is compliant with the B-2 zoning district, and the applicant is will to incorporate the recommended conditions of Oavid Hoeger / NEI Investors 17 DOC. CL3t$003- 13 & A D14(1(16-1 3 INDEX # A - approval into their proposed development! the staff hereby recommends approval nfthe Tvne (3) and AdministrativeAdjustment applications subject to the below recommended conditions. Movvmver, in the event that the applicant is unwilling to incorporated the recommended conditions or address the identified impacts of the proposed development through the hearing process, the staff recommends denial of the proposed Class (3) and Administrative Adjustment applications based upon the above findings and conclusions: Recommended Conditions of Approval: 1. The applicant shall satisfy all applicable Urban Area Zoning [)ndinance, building code and fire code requirements. 2. To ensure that there is appropriate bufherng, screening of noise, light and other undesirable impacts, and that the proposed design is compatible with the abutting residential uses the developer will be required to submit a revised detailed site plan, site screening plan, landscape plan, and lighting plan acceptable to the City of Yakima Planning Division which incorporates the below options and/or other conditions of approval imposed by the Hearing Examiner. A: North property line: a, The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K. [ and J^to provide an enclosed compound as suggested in the applicants narrative. 2) provide site screening 'A" along the N. property line, and 3) provide a decorative fagade along the backs of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) PrVv/de a six-foot high decorative nlamonry, abzne, or stucco wall along the N. property line, and 2) install a decorative facade along the back and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. Install a dense vegetative screen made of arborvitae or other evergreen plants which obscures the mini -storage units from view of the abutting residential uses. B: South property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K. 1, and J" to provide an enclosed compound as suggested in the applicants narrative, and 2) provide a decorative fagade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative masonry, atonm, or stucco wall along the property line, and 2) install a decorative faade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c. 1) Install a 6 -foot hih view obscuring fence meeting site screening "C". and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini - storage units from view of the abutting residential uses. d. David Hveger/NEI *wsmm ropmx'u& Aowoo^'o 18 INDEX."=~�m��m # A- C: West property line: a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings "H, K. |, and J to provide an enclosed compound as suggested in the applicants narrative, and 2) provide a decorative facade along the back of the buildings and roof which shields these metal features from the view of the abutting residential uses; or b. 1) Provide a six-foot high decorative mmoonry, ntone, or stucco wall along the property line, and 2) install a decorative /agade along the backs and sides of the proposed mini -storage building shielding the metal features from view of the abutting residential uses; or c, 1) Install a 6 -foot high view obscuring fence meeting site screening "C". and 2) Install additional vegetation to create a dense vegetative screen made of arborvitae or other evergreen plants which obscures the backs of the mini - storage units from view of the abutting residential uses. n|ni'ahonagoun)tofnonmview/nf1hembuttin8residantia|unen. 3. In the event that false windows are used they shall be incorporated with a black backoround, rather than traditional white. 4. In the event the temporary vehicle storage is still sought, the vehicle storage shall only be allowed upon paved portions of the proposed mini -storage development. 5. Complete stormwater design p|ono, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. A stormwater site plan shall be submitted to the City of Yakima SurEace Water Engineer prior to permit issuance. 6. Prior to permit issuance, the applicant shall revise their submitted site plan to correctly incorporate all required Title 12 development and fire access requirements which include curb, gutter, sidewalk, street |(gh1|ng, and pavement of the fire access lane with asphalt of BST surface. 7. Prior to permit issuance the applicant shall dedicate the required right-of-way for Nob Hill Blvd, and S. DOm Ave. to the City of Yakima as directed by the City of Yakima Engineering Division. U. A final site plan shall be submitted to the Planning Division prior to issuance of any development permits that incorporates all conditions stated herein. S. The Planning Division recommends that the Hearing Examiner provide a specific time frame for completion of each phase of cona1nuotipn, and provide for expiration of the each phase in the event that the buildings in that phase are not constructed as scheduled. 10. The Planning Division further recommends that upon approval of the proposed Class (3) Review and Administrative Adjustment that the applicant and City of Yakima enter into a development agreement codifying all conditions of apprnva|, bui|ding, zoning, other city codes, and overall phasing of the development project. David Hoeger / NEI Investors rot/ixo'oS.:xo10oowz 19 RECOMMENDATION made this 23rd day of January 2014 s/ Jeff Peters Jeffery R. Peters, Supervising Planner Department of Community Development, Planning Division David Hocgc-r NEI Investors (713+0(13 -II& AD)06 11 )0 Doc® NDEX }t • . f •1 4 .Y -� � A art• i ._ ___ ..__ ....__ // :..„ ti� A v, . ,. ...-„, .....„ ........_,,, _ ...r.„., ..i.,„.„:::,_ ... - , `,. Isa • 1'.. ..-• N_ r t;- • (t• • !'tiYi - RECEIVED oill°11202013 °F YAKllifA ANNIIVG DlV, 50+ gIl_O$ _LAU. 0 N c0 RECEIVED Nov 0 1 2013 CITY OF YAKIMA V. RECEIVED Nov ° 1203 PLANNING 01V- N IFENCF, 8 3 4tr RIGNTOF Yaw FROM NOB w44. BOULEYAR0 CFR LINE REQUIRED 1 sr NOB HILL BOULEVARD APPROXIMATE CENTER LINE APPROIIMMTE CURB SITE ENING STANDARD'A•1 I1�LQM�TFr" . JtIIF .1C FT nFsnrri•G@ 54.340: C/SiA1I. op(, ' r4Tr sMENENT LOCKED EMERGENCY ACCESS ONLY 1Ta VISION TRIANGLE 0' X 280' STORAGE BUILDING 2,&K SOFT !r"xvL'r44'rIYI 1:1'?r=11:R I;mn r,.r MN FOCI'. 1 +5' X X95' STORAGE $UILDIND 17,375 SFT, •?ff 3Dikr r.mtT 454 15iMEN MP 0.1; or Fu. * r. =LT4 r5T LiCa :3 J! ORFdEVF r J 4T'I1+5'tEa 1 11 E11YiIff9i:XETL 14' LOR'SI 1 O Iltylr _-. . a MRS 'AIT1WM C;-VrF-1'11.,4 F7,RIFjF=i7471 i; Ji[ISA fel :Mel 1:1111>A•11LIeVixl+ixj+ lla' ] D PHASE 1 1 -41 20F15RIVE WAV (IMr49 ;'S I,T4R F'RF r'LLTJ;Ip c FIE 111 w In 2 1 21 tr 'C P14ASE 1 ahBr.11VOLMwlx- CE.ITER 5'R.• crr,4= N4 r,DcRFTE;NI 144,1.. pi IF011.10111>:T.el 0111IC1.it l , FENCE FENCE - -:S DFIAµIIIe•E 9deiLEtPLAVEV DR.MIR r. J '4' FENCE 4201 APPROYINAT‘PROPERT►LINE F ENCF FENCE FENCE ISM SCREENING STANDARD 6' HIGH VIEW 13SRUCT FENCEI SITE PLAN +7 RI:MT-O4 4VI\4 FR0115OUTM MTH AVE O CTR INE REQUIRED co w z J O: z w 0 w 2 X 0 cc 0 Q w z O h 1 2r -IT zra• JSION TRIANGLE PI40.9.0N J. IE WORM, o 4 o RECEIVED Nov 2 6 2013 CITY OF YAKIMA cOMMUNITV DEVELOPMENT SCALE 1"=50'-0" 8102 W NOB HILL BLVD, YAKIMA, WA 98908 PARCEL # 18133041001 30' X 300' STORAGE BUILDING (9,000 SQFT) SITE SCREENING STANDARD "C" 6' HIGH VIEW OBSRUCT FENCE 40' RIGHT-OF-WAY FRO NOB HILL BOULEVARD C LINE REQUIRED R 74/ 9 0 NOB HILL BOULEVARD APPROXIIVATE CENTER LINE APPROXIMATE CURB n .0( LOCKED EMERGENCY ACCESS ONLY 120'40" VISION TRIANGLE 15'-0" SITE SCREENING STANDARD "B" w 0 z w u_ uJ z w u_ 20'-0" LJJ 0 z C.) LL LO CO z 0 0 o Lt En L() CN APPROXIMATE PROPERTY LINE •-•,—/--4„7—/—/_Z-Z/1/2/ 10 FT DRAINAGE SWALE ( LANDSCAPE ROCK; 0 X 280' STORAGE BUILDING (2,800 UTILITY EASEMEN 11 It 6 !itQ 1,121 w1— z 0 (/) 0 0 LL 0 u_ LL 0 E2 w 1z >- V (-NA 11 44 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) LIGHT 25' X 295' STORAGE BUILDING (7,375 SQ1q) t LIGHT 300`-0" n - - -PROPOSED FIRE HYDRANT— _ 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) \ 25'-0" I** 1-- Ti II (D. 11 1 I .•;•/' ,...... , 10 CO C\1 Z?' 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 1 1r 30' X 300' STORAGE BUILDING (9,000 SQrT) E 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 30' X 300' STORAGE BUILDING (9,000 SQFT) D PHASE I • ''1,Y • , , • 1tr% ;)- (\1 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) • • "r"..r,"'"•••"'",..",.." • ,••••••."'" FENCE 70'-0" 3FT HEIGHT ARBORVITAE ON 3'-0" ON CENTER FENCE 7fly 2q5i sTopAGEW (5,900 SQFIT) PHASE I 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) hl 0' X 350' STORAGE BUILDING (3,500 SQn) 5' DRAINAGE SWALE ( LANDSCAPE / DRAINROCK FENCE 420 APPROXIMATE PROPERTY LINE SITE SCREENING STANDARD "C" 6' HIGH VIEW OBSRUCT FENCE 25'-0" 25'-0" uJ 0 z uJ 30'-0" `c. rir j. 10X20 10X20 PARKINGI 1 IH - 0 v,„ 0 LLJ `764, uJ 0 FENCE SITE PLAN IAT 0 0 CN --NOB HILL WATER NOB HILL WATER 40' RIGHT - F -WAY FROM SOU H 80TH AVE CTR LINE REQUIRED 1 u, 03 0 6'.46" 0 4 5 0 80TH AVENUE APPROXIMATE CENTER LINE 0 (/) \ 27'-0" 2T-0" VISION TRIANGLE PROPOSED NEW FIRE HYDRANT EXISTING FIRE HYDRANT N A SCALE 1"=20'-0" 8102 W NOB HILL BLVD, YAKIMA, WA 98908 PA RCEL # 18133041001 APPROXIMATE LOT SIZE PROPOSED TOTAL BUILDING SQUARE FOOTAGE PROPOSED ASPHALT SURFACE PROPOSED DRAINAGE & LANDSCAPING & POROUSE CONCRETE =1 1,800 SQ FT 5,800 SQ FT 1,500 SQ FT = 4,500 SQ FT TOTAL LOT COVERAGE = 97,300 SOFT OR 79.887% RECEIVED JAN 23 2014 CITY OF YAKIMA PLANNING DIV. REVISIONS BY 8-5-13 JKG 8-5-13 JKG 8-19-13 JKG REV 8-19-13 JKG 9-20-13 JKG 10-30-13 JKG 11-4-13 JKG 11-26-13 JKG 1-22-14 JKG HE DESIGN -H 4TH STREET SUITE 302 YAKIMA, WA 98901 FF©JKHOMEDESIGNS.COM 509-457-3( _ Z =I < 7..._ 2 = co Lb /»t I 1 ' II il PROPOSED SELF STORAGE UNITS DATE: 8-2-13 SCALE: 1" =20'-0" DRAWN: JKG JOB: HOEGER SHEET 1 OF 1 SHEETS DOC. INDEX 46- 3 • • _ ossvet,to !.8 (11 • • • • s. • 11!A viLaksomoit�t; robacirt,rtiv. etx groogsaft4R t. • ,r -r• "erz.:^C4c,` CzttPLQ :1'14 i4os t toai -r (,-,,„4 _ • ( 4 • or. • 1 3,0 ct, ZW ti 0 I 5 c A L E16, " zol • !I' • • • RECEIVED JAN 2 3 2014 CITY OF YAKIMA PLANNING DIV. DOC. INDEX 1_1_4P 3 SITE SCREENING STANDARD "C" 6' HIGH VIEW OBSRUCT FENCE 9 0 40' RIGHT-OF-WAY FROM NOB HILL BOULEVARD CTR LINE REQUIRED NOB HILL BOULEVARD APPROXIMATE CENTER LINE APPROXIMATE CURB SITE SCREENING STANDARD "A" APPROXIMATE PROPERTY LINE LOCKED EMERGENCY ACCESS ONLY VISION TRIANGLE zz.z /..1y1/// X10 FT DRAINAGE SVVALE ( GRAVEL/ DFtAINROCK w 0 z w w w U z w L >- H w w O a_ w X 0 w w w 0 z w u - FENCE 1 —3111111,1c.7- 10' X 280' STORAGE BUILDING (2,800SQi-T) I-- GATE C 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 25' X 295' STORAGE BUILDING (7,375 SQFT) 25'-0" -NOB HILL WATER - w J 0 LL C/) co 0 o. —J w 0 0 C/) Er) CV C\L_ o4 Y -J h UJ 0 C.J 00l :! OC I0 ®� O z�. 1 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 0 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LOI G) a 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 8'-:r w w w; I I 30' X 300' STORAGE BUILDING (9,000 SQ T) 20' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 27 (. z 3- 0 0 . z -J 0'-0" w z rz w d O 3- w X 0 a 0 ' LONG) 20' X 295' STORAGE BUILDING (5,900 SQFIT) 2.0' DRIVE WAY ( WITH 5' CENTER STRIP OFF OF POROUS CONCRETE 275' LONG) 30'-0" H 1 O 10X20 10X20 1 PARKING // SIDEWALK -NOB HILL WATER SITE SCREENING STANDARD "A" 40' RIGHT-OF-WAY FROM SOUTH 80TH CTR LINE REQUIRE 6'6" 1 10' X 350' STORAGE BUILDING (3,500 Su- i) "'AINAGE SWALE (GR `VELI DE, // NOB HILL WATER" FENCE 55'-0" FENCE /-0 ' FENCE APPROXIMATE PROPERTY LINE SITE SCREENING STANDARD "C" 6' HIGH VIEW OBSRUCT FENCE SITE PLAN -NOB HILL WATER- 27'-0" AVE D 1 w I z J CL w j -- z w 0 w 2 X 0 a_ co w z 0o (1) 27'-0" fi VISION TRIANGLE 1 PROPOSED NEW FIRE HYDRANT { EXISTING FIRE HYDRANT N SCALE 1"=20'-0" 8102 W NOB HILL BLVD, YAKIMA, WA 98908 PARCEL # 18133041001 APPROXIMATE LOT SIZE PROPOSED TOTAL BUILDING SQUARE FOOTAGE PROPOSED ASPHALT SURFACE PROPOSED DRAINAGE & LANDSCAPING & POROUSE CONCRETE =121,800 SQ FT = 55,800 SQ FT = 1,500 SQ FT = 4,500 SQ FT TOTAL LOT COVERAGE = 97,300 SQFT OR 79.887% RECEIVED JAN 2 3 2014 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # 13 ,3 DATE: 8-2-13 SCALE: 1" =20'-0" DRAWN: JKG JOB:HOEGER SHEET OF 1 SHEETS « pilaflo al 41 Lill PL*NN1N0 City of Yakima Development Services Team Request For Comments November 1, 2013 To: City of Yakima Development Services Team From: Jeff Peters, Supervising Planner Subject: Formal DST & Request for Comments Applicant: David Hoeger & NEI Investments File Number: CL3#003-13, TC0#007-13, ADJ#006-13, & SEPA#020-13 Location: 8102 W. Nob Hill Blvd., Yakima, WA Parcel Number's): 18133041002 & 18133041001 DST MEETING DATE: 11/12/2013 Proposal The City of Yakima Department of Community & Economic Development has received a Type 3, Administrative Adjustment, and Environmental Review application from David Hoeger, on behalf of NEI Investors, LLC. The applicant is requesting zoning and environmental review for the construction of a 56,575 sq. ft. ministorage complex with Administrative Adjustment to the side-yard setback from 20-feet from an abutting residenal district to 5-feet. The subject property is zoned is zoned Local Business (B-2). Please review the proposal. This project at 2:30 ..m. As always, attached the meeting. 575-6105. site plan and prepare any written comments you might have regarding this will come up for discussion at the weekly DST meeting to be held November 12, 2013, should you have comments, but find you are unable to attend, please submit your My email address is jpeters@ci.yakima.wa.us and the Planning Department's Should you have any questions, or require additional information, please call comments prior to fax number is (509) me at (509) 576-6163. Comments: Contact Person Department/Agency Doc. INDEX # City of Yakima Engineering Memorandum Date: November 8, 2013 To: Jeff Peters Supervising Planner From: Randy Meloy Surface Water Engineer Subject: PSP 009-13 David Hoeger Storage Units 8102 W. Nob Hill Blvd. Jeff, As this project involves clearing or grading one acre or more, a Stormwater Site Plan shall be required from the applicant. The main components of a Storrnwater Site Plan are: • Drainage plan(s) and calculations Stormwater maintenance agreement and plan Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver (Erosivity Waiver Certificate Statement required) The applicant is advised to read Chapter 7.83 of the Yakima Municipal Code to obtain all appropriate information concerning the Stormwater Site Plan and Chapter 7.82 for information concerning the Storrnwater Pollution Prevention Plan. Grading and/or building permits shall not be issued without an approved Stormwater Site Plan. Complete storinwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Sto iwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. DOC. INDEX # UIC Registration - Stormwater In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. Randy Meloy Surface Water Engineer City of Yakima (509) 576-6606 As there are no sanitary facilities of any kind in this development, sewer is not required to be extended into the parcels. D ST Comments - Randy Meloy 11/12/20131 QK I =cal DOC. INDEX This project requires Title 12 improvements, including but not limited to the following: 12.01—Applicant will follow requirements set forth in this chapter. 12.02 —Easements wifl need to be established per this chapter. 12.03 - (see Sewer comments) 12.04 - (see Water comments) 12,05 —Sidewalk, curb, and gutter will need o be constructed along g0th per this chapter and in the location that 12.06.020 requires. 12.06 80th is classified as a Collector Arterial requiring 40of ROW from centerline on development side. Nob Hill is in the West Valley Future development plan and is a Minor Arterial. The centerline of Nob Hill will continue wesfrom the existing centerline to the east. The developer will be required to dedicate the required ROW to the City, 40' south of centerline (12.06.020). 80th roadway and sidewalk will be required to meet the design standard of 12.06.030 for Collector Arterials. At the intersection, the sidewalk will need to be constructed and turned along Nob Hill at the width for future development of Nob Hill (25' from centerline). A Street light will need to be added to the NW corner of 80th and Nob Hill (12.06,080). Other Requirements: Driveways will have to be constructed per YMC 8.64 and the City of Yakima Standard Detail R4 — Driveway Approaches. tr(��}fn� INDEX November 13, 2013 To: Jeff Peters, Supervising Planner From: Glenn Denman, Supervising Code Inspector Re: CL3#003-13, David Hoeger Storage Units, 80w Ave and Nob Hill Applicable codes: 2012 International Fire Code (IFC), International Building Code (IBC) A revised site plan shall show an additional fire hydrant installed in a location approved by the City of Yakima Fire Department prior to approval of the final site plan. FYI: Fire flow needs for the building is 2750 gpm. According to Nob Hill Water, they have 4000 gpm available. Doc. INDEX MEMORANDUM DATE: November 14, 2013 TO: Jeff Peters, Supervising Planner FROM: Royale Schneider, Code Inspection Office Supervisor RE: CL3#003-13 for a New Residential Mini-Storue Complex Since the main entrance to the proposed mini -storage unit is from 80th Avenue, the proposed address for this project is 1102 S. 80th Avenue. This address is subject to change should the primary access to the property change. If you have any questions, feel free to call me at 576-6669. DOC. iNOEX No specific traffic issues. Frontage improvements per Engineering Dept direction. DST Comments - Joe Rosenlund 11/15/2013 DOC. INDEX �� i COMMIL Y DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning@yakimawa.gov • http:llwww.yakimawa.govlservices' planning' Hoeger DST- Comments - November 12, 2013 1. Traffic Engineering: No specific traffic issues. Frontage improvements are required per the Engineering Departments direction. 2. Addressing: Since the main entrance to the proposed mini -storage unit is from 80th Avenue, the proposed address for this project is 1102 S. 80th Avenue. This address is subject to change should the primary access to the property change. 3. Building Codes: Applicable codes: 2012 International Fire Code (IFC), Intemational Building Code (IBC) a. A revised site plan shall show an additional fire hydrant installed in a location approved by the City of Yakima Fire Department prior to approval of the final site plan. b. FYI: Fire flow needs for the building is 2750 gpm. According to Nob Hill Water, they have 4000 gpm available. 4. Engineering: This project requires Title 12 improvements, including but not limited to the following: a. 12.01 —Applicant will follow requirements set forth in this chapter. b. 12.02 —Easements will need to be established per this chapter. c. 12.03 - (see Sewer comments) d. 12.04 - (see Water comments) e. 12.05 — Sidewalk, curb, and gutter will need to be constructed along 80th per this chapter and in the location that 12.06.020 requires. f. 12.06 g. 80th is classified as a Collector Arterial requiring 40' of ROW from centerline on development side. Nob Hill is in the West Valley Future development plan and is a Minor Arterial. The centerline of Nob Hill will continue west from the existing centerline to the east. The developer will be required to dedicate the required ROW to the City, 40' south of centerline (12.06.020). h. 80th roadway and sidewalk will be required to meet the design standard of 12.06.030 for Collector Arterials. At the intersection, the sidewalk will need to be constructed and turned along Nob Hill at the width for future development of Nob Hill (25' from centerline). i. A Street light will need to be added to the NW comer of 80th and Nob Hill (12.06.080). DOB. INDEX gilt" Other Requirements: Driveways will have to be constructed per YMC 0.64 and the City of Yakima Standard Detail R4 — Driveway Approaches. 5. Wastewater: As there are no sanitary facilities of any kind in this development, sewer is not required to be extended into the parcels. 6. Stormwater: As this project involves clearing or grading one acre or more, a Stormwater Site Plan shall be required from the applicant. The main components of a Stormwater Site Plan are: • Drainage plan(s) and calculations • Stormwater maintenance agreement and plan • Proof that the mairitenance agreement was recorded in the Yakima County Auditors Office � Stormwater Pollution Prevention Plan /SVVPPP\orErosivity Waiver (Erosivity Waiver Certificate Statement required) The applicant is advised to read Chapter 7.83 of the Yakima Municipal Code to obtain all appropriate information concerning the Stormwater Site Pian and Chapter 7.82 for information concerning the Stormwater Pollution Prevention Grading and/or building permits shall not be issued without an approved Stormwater Site Plan. Complete stornlvvobar design p|ans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. UIC Registration Stormwater In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067. Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. 7 Planning: The proposed design and layout seem to be compliant with the exception of the Administrative Adjustment to the setback. In order to ensure that the proposed design is compatible with the surrounding development and residences the City of Yakima Planning Division is requesting an architectural rendering with elevations of the proposed bui|d|n0m, setbacks from the right-of- way, and landscaping shown. igh1'of-vxay.mnd|mndncmpingshovvn. DOC. INDEX ,, �� LAND USE APPLICATION CITY OF YAKIN1A, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 PHONE: (509) 575-6183 FAX: (509) 575-6105 VED SEP s 0 2013 CITY OF YAKIMA PLANNING 01V. STRUCTJONS PLEASE READ 1 IRST AND ANSWER 41 L OUESTIONS COMPLETELY. ifyou have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments ond the filing fee are required upon submittal. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART V — CERTIFICATION are on this page. PART 11, 111, and IV contain additional information specific to your proposal d MUST be attached to this page to complete the pplication. ART G N ATIO 1. Applicant's Information: David 11oeger Mailing Address: 610 S 24th Ave City: E -Mail: Yakma davidhoegerfli.msn.corn fl Owner 2. Applicant's Check One: Interest in Property: 3. Property Owner's nfonnation (If other than Applicant): Name: St: Agent NEI Investors LLC Mailing Address: PO 130X 821336 City: Vancouver 9 902 Phone : (509)654-2989 Purchaser E -Mail: dki uggowegu ity.eo rii 4. Subject Property's Assessor's Parcel Number(s): WA !Zip. Parcel Number: 181330-41001, 181330-41002 egal Description of Property. (if lengthy, please attach it on a separate document) Parcel Number: 181330-41001 98682 hone ,i(360 ) 256-7051 The North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM; Except the North 8.5 feet for road; And Except the West 263.7 feet thereof; And Except the right of way for road along the East line thereof. Situated in Yakima County, State of Washington. Commonly known as 8102 W NOB HILL BLVD, Yakima, Washington 98908 Parcel Number: 181330-41002 The East 64 feet of the following -described property: That portion of the North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 13 North, Range 18 EWM, described as follows: Beginning at a point 397 feet West of the Northeast comer of said subdivision; Thence West along the North line thereof 263.7 feet, more or less, to the Northwest corner of said subdivision; Thence South along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of said subdivision; Thence East along the South line 263.7 feet; Thence North 0°28' East 330.4 feet to the point of beginning. Situated in Yakima County, State of Washington. Commonly known as 8104 W NOB HILL BLVD, Yakima, Washington 98908 Revised 01,2013 Page 3 6. Property Address: 8102 W Nob Hill Blvd, Yakima, WA 98908 8104 W Nob Hill Blvd, Yakima, WA 98908 7. Property's Existing Zoning: 0 SR E R-1 E R-2 0 R-3 D B- 13-2 0 HB SCC 0 LCC 0 CBD GC 0 AS 0 RD 0 M-1 0 M-2 Typc Of Application: (Check All Administrative Adjustment Type (1) Review Type (2) Review Type (3) Review Preliminary Short Plat Final Short Plat Short Plat Amendment Preliminary Long Plat El Final Long Plat 0 Plat Alteration –Long Plat That Apply) Environmental Checklist (SEPA Review) 0 Easement Release Right -of -Way Vacation 0 Rezone Eransportaiion Concurrency 0 Shoreline Non -Conforming Use/Structure 0 Critical Areas Review O Appeal to HE / City Council LIVariance O Interpretation by Hearing Examiner 0 Temporary Use Perrnit O Modification E Overlay District O Home Occupation 0 Binding Site Plan O Comprehensive Plan Text or Map Amendment 0 Planned Development fl Short Plat Uxemption: 0 Other: 9. PART II – LAND USE DESIGNATION PART III –ATTACHMENTS INFOR PART W – •ITTENN TIVE TION (See attached page) e attached page) CERT1FCATJO FILE/APPLICATIOEI(S)4 DATE:FEE PAID: REC ED BY:— n and e quired attachmens are trued correct o the best of 1 INT P Rt:viscd 0112013 Page 4 Date Dat RECEIP- T N • wledge. 7 DAT FEE PAID: RECEIVED SEP 3 0 2013 OF YAKIMA PLANNING DIV. Supplemental Application For: TYPE (3) REVIEW YAKIMA URBAN AREA ZONING ORDINANCE, YMC CHAPTER 15.15 PART LAND USE DESIGNATION . PROPOSED LAND USE TYPE: (As listed on YMC § 15.04,030 Table 4-1 Permitted Uses) RESIDENTIAL MINI -STORAGE PART 111 - ATTACHMENTS INFORMATION 2, SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 3. TRAFFIC CONCURRENCY: (if required, see YMC Ch. 12.08, Traffic Capacity Test) 4. ENVIRONMENTAL CHECKLIST: (if required by the Washington State Environmental Policy Act) PART IV - WRITTEN NARRATIVE: Please submit a written response to the following questions. Usc a separate sheet of paper, if necessary. A. Fully describe the proposed development, including number of dwelling units and parking spaces. lithe proposal is for a business, describe hours of operation, days per week and all other relevant information related the business. SEE ATTACHED WRITTEN NA ATIVE FOR ANSWERS TO ALL QUESTIONS ON THIS PAGE. B. How is the proposal compatible to neighboring properties? C. What mitigation measures are proposed to promote compatibility'? D. How is your proposal consistent with current zoning of your prope 7 E. How is your proposal consistenti h uses and zoning ofneighboring properties? F. flow is your proposal in the best interest of the community? RECEIVED SEP 3 0 2073 OF YAKIMA PLANNING DIV. Note: it you have any questions about this process; please contact us City of Yakima, Planning Division — 129 N. 2nd St., Yakima, WA or 509-575-6183 Revised 01/2013 Page 4 WRITTEN NA (Class 3 Review) TIVE RECEIVED NOV 0 1 2013 CITY OF YAKIMA PLANNING DIV. A. Fully describe the proposed development, including number of dwelling units and parking spaces. If the proposal is for a business, describe hours of operation, days per week and all other relevant information related the business. The proposal is to construct a 55,800 square foot residential mini -storage complex at the southwest comer of South 80th Avenue and West Nob Hill Boulevard on approximately 2.8 acres. As proposed, Phase 1 would consist of 16,700 square feet in 4 separate buildings and Phase 2 would consist of 39,100 square feet in 6 separate buildings. A total of approximately 550 storage units will be created through this proposal. The project is proposed to be served with an on-site kiosk for rental of units and reception of rental payments. The kiosk will be located near the entrance to the complex and have 2 parking spaces. There will be no office and no on- site manager. An existing 1,000 square foot single family residence that is located on Assessor's Parcel Number 181330-41002 will be demolished as part of this project. The balance of the property is vacant. The buildings are proposed to be constructed of steel and be approximately 16 feet high. Two of the buildings that are located along South 80th Avenue will be constructed with a retail style facade to break-up the mass of the buildings and provide some positive aesthetics to the project. At the south end of building A, where the kiosk is located, the building will extend to a height of approximately 21 feet to accommodate a clock tower (see attached conceptual drawing). The site will be fenced on three sides. Fencing along the west and south will be 6 -foot high view obscuring. Fencing along South 80th Avenue will be 6 -foot high open rail fencing. No fencing is proposed along the north property line, as the back of the mini -storage building will provide security. The area between the back of the mini -storage building and the future extension of West Nob Hill Boulevard will be constructed with Sitescreening Standard A. A gate will also be placed along this property line, near the northwest corner of the project. Therc will be no on-site employees, no office, no manager and no restroom facilities. All storage is proposed to be indoors once the project is complete. This application seeks temporary outdoor storage on gravel parking during the construction time frame between the two phases. Temporary outdoor storage will be limited to 70 parking spaces and be located just north of Building D. Outdoor storage will be on a month to month basis and will be eliminated once the project is complete. The main cntrance will be near the southeastern comer of the property along South 80th Avenue. The entrance will be gated. The perimeter of the property along South 80th Avenue will be landscaped with grass, shrubs and trees. Landscaping along the west and south property lines will be xeroscape and consist of rocks and gravel. Landscaping along the north property line will be Sitescreening Standard A. These landscaped areas will also serve as drainage swales for the property. Other methods of storm water drainage may be necessary, if that is the instance, drainage trenches and pervious concrete will be the primary method of storm water retention, Thus, a combination of aboveground swales, drainage trenches and impervious concrete could be used, Pee7;44 g;er. The interior roadways will be hard -surfaced and will range in width from 20 to 30 feet. Portions of the interior driveways will be paved with pervious concrete to reduce the amount of impervious surface in the facility. After consulting with the Yakima Fire Depa ent, 40 -foot radius' were added for emergency vehicle turning movements inside the complex. If necessary, an emergency point of ingress and egress can be accommodated at the northwest corner of the property. The facility will be open 7 days a week from 7:00 a.m. to 8:00 p.m. An on-site camera system will be installed for security purposes. Night-time security lighting will be low -impact to prevent light and glare from leaving the site. A site identification wall sign is proposed to be located on the clock tower. Other than that, no other sign is currently proposed for the facility. If additional signage is needed it will be in compliance with the B-2 zoning district standards. Domestic water for the site will be provided by the Nob Hill Water Company. B. How is the proposal compatible to neighboring properties? The proposal is compatible to neighboring properties because it has been designed as an internal compound. The concept is to have the storage buildings located adjacent to the north and south property lines to prevent any adverse noise or activity from bothering the surrounding property owners. The west property line setback will meet the district standard of 20 feet. The front of the proposal, along South 80th Avenue has been designed to have the least amount of "mass" at that location. The mass is broken -up by having two of the storage buildings along South 80th Avenue constructed with a retail style facade. In addition to the facades, the property abutting South 80th Avenue is proposed to be landscaped with grass, shrubs and trees. This will present the project in an aesthetically pleasing way to neighbors and the travelling public. C. What mitigation measures are proposed to promote compatibility? The proposal has been designed as a compound to keep all adverse aspects of the project from leaving the site. All traffic, loading, unloading, noise and lighting will be retained inside because the storage buildings will buffer these activities from neighboring properties. Additionally, 6 - foot high view obscuring fences are proposed along the west and south property lines to protect the existing single-family residences in that area from the mass of the buildings. D. How is your proposal consistent with current zoning of your property? This proposal is consistent with the current zoning of the property because it is a commercial use being constructed in a commercial zoning district. This proposal provides a small service need in the district that will serve the needs of the community as anticipated by the zoning district. This proposal also has a high level of visibility and easy access to a major roadway (South 80th Avenue). Additionally, this proposal provides a service that is heavily dependent on vehicle RECEIVED NOV 0 1 2013 OF YAKIMA 01 NtteKr; "V access, discourages strip commercial development, is an infill project within an existing commercial district and improves the appearance of the commercial corridor. E. How is your proposal consistent with uses and zoning of neighboring properties? Thc proposal is consistent with the uses and zoning of neighboring properties because this is a classic mixed-use neighborhood. To the north and south, properties generally contain older single-family residential residences on large lots, which are zoned commercial. Properties to the west and southwest are also generally larger lots with older residences located on them. These properties are zoned Single-family Residential. The proposed use is more consistent with those existing uses because it is not a major retail or service establishment such as a mini -mart, gas station or tavern, uses which normally can be found in the B-2 zoning district. Property to the northeast contains a church, which is zoned Single-family Residential. The church is a Class 3 in that particular zoning district, similar to the proposed use on this lot. Directly east of the project, across South 80th Avenue, is a mobile home park. With its high density of residential housing units, it too, would be more compatible with a less intensive use across the street from it than other outright permitted uses in the B-2 zoning district. F. How is your proposal in the best interest of the community? This proposal is in the best interest of the community because it provides a new residential min - storage complex in the West Valley area. The proponents have studied the vacancy rate of residential mini -storage units in West Valley and found the vacancy rate to be zero to 2 percent. Needless to say, the vacant mini -storage units that become available are quickly rented. One of the issues regarding mini -storage units when the vacancy rate is so low is that it is difficult to find a variety of different sized units. This project proposes several different sized units which will provide a variety of unit sizes to meet the market demand. This project is in the best interest of the community because it provides a needed service in an area where a demonstrated need for the service has been proven. Additionally, this project has been designed in a fashion that promotes compatibility with the surrounding neighborhood by promoting the concept of an internal compound to prevent adverse aspects of this project from leaving the site and meet as many of the required development standards as possible. ReCeivED NOV 0 1 20i3 WY OF YAKIMA PLANNING DIV DOC. INDEX Supplemental Application For: ADMINISTRATIVE ADJUST NT YAKIMA URBAN AREA ZONING ORDINANCE, CHAPTER 15.10 TYPES OF ADMINISTRATIVE ADJUSTMENTS at east one XX SETBACKS: Front 0 SIGNS: Height Side Size 0 FENCES 0 LOT COVERAGE 0 PARKING DOTHER 2. AMOUNT OF ADJUSTMENT 20 FEET Zoning Ordinance Standard Rear 5 FEET Proposed Standard EISITESCR.EENENG PART 13SE DS1GNATZON & REQUIRED ATTACHMENTS 15 FEET Adjustment RECEIVED SEP 3 0 2013 CITY OF YAKIMA PLANNING DPI 3. PROPOSED USE TYPE: (As listed on Table 4-1 Permitted Land Uses — See Y C § 15.04.030 RESIDENTIAL MINI -STORAGE 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) PART IV - * EN NA T VE: (Please bmit a written response o owing questions) A. How would the strict enforcement ofthe current standard affectyour project? SEE ATTACHED WRITTEN NARRATIVE FOR THE ANSWERS TO ALL QUESTIONS ON THIS PAGE. B. How he proposalcompatible with neighboring properties? Have other adjustments been granted nearby? C. How is your proposalconsistent with current zoning of your p ope D. How s your proposa consistcnt with uses and zoning of neighboring properties? E. How is your proposal in the bes nterest ofthe community? Note: if you have any questions about this pro . please contactus Citv of Yakima, PlanningDivision — 129 N. 2nd St, Y i. a, WA or 509-575-6183 NDEX WRITTEN NA II III (Side yard Adjustment) RECEIVED NOV 0 1 2013 T VE CITY OF YAKIMA PLANNING DIV. A. How would the strict enforcement of the current standard affect your project? The proposal is to adjust the side yard setback (south property line) from 20 feet to 5 feet where it abuts a residential district. There are two abutting parcels along the south property line, an easterly parcel which is zoned B-2 (same as the subject parcel) that parallels the subject property for approximately 365 feet and a westerly parcel which is zoned R-1 and parallels the subject property for approximately 55 feet. The proposed mini -storage building along the south property line will meet the required setback as it abuts the existing 13-2 parcel (east parcel) but will not nieet the required setback as it abuts the existing R-1 parcel (west parcel). The required setback for the mini -storage building as it abuts the R-1 zoned property is 20 feet from the property line. The proposal is to construct the mini -storage building 5 feet from the property line. The purpose of this setback request from the R-1 zoning district is to be able to construct the mini -storage building in a straight line along the south property line. Strict enforcement of the current standard would require the west 55 feet of the south mini -storage building to be "jogged" 20 feet to the north, which would create a severe internal design problem for the interior buildings and driveways which serve the majority of the facility. The requested adjustment of 55 feet is approximately a 4 percent setback adjustment as measured along the south property line. Additionally, it would create a 20 foot strip of property that would require regular maintenance in an area that is difficult to access. Because this project has been designed with an internal compound to prevent adverse impacts of the mini -storage complex from leaving the site, this adjustment permits more of the property to be used for that purpose. A jog in the mini -storage building will create an opening in the structure and thus prevent the compound theory from mitigating any negative impacts of the project on adjoining properties. Setbacks are required to separate incompatible uses from one another. In this instance, the construction of the storage building in a straight line provides this separation and ensures compatibility between the uses. Strict enforcement of the current standard would create a need for an entire redesigned of the project. A redesign of the complex may have to be in a different configuration, which does not have the advantage of the compound concept. A redesign may include storage units that have storage unit openings that directly adjoin the residential district. This would be less compatible with the surrounding neighborhood because impacts such as noise would directly impact the adjoining residential district. The current storage unit complex configuration is a win-win scenario for all involved because it mitigates its impacts and prevents incompatibilities from occurring. FiZtei vet) NOV 0 B. How is the proposal compatible with neighboring properties? Have other cyry adjustments been granted nearby? PLAN The proposal is compatible with the neighboring properties because of its design. The project has been designed as a compound as stated above, which will mitigate adverse impacts to the surrounding neighborhood. To help mitigate the side yard setback, the proponents propose to plant a row of arborvitae along the 55 -foot setback adjustment area. This will visually mitigate the requested adjustment. This is an infill project which will get rid of a weedy lot within the City Limits of Yakima. The proposed retail style facades will soften the aesthetic impact of the storage units on the neighborhood and the access to the project has been planned to have the least impact on the intersection of South 80th Avenue and West Nob Hill Boulevard. The project will be automated and fully secured. Based on this, the proponents believe that the proposal is compatible with neighboring properties. 013 A The proponent is not aware of any other adjustments being granted nearby. C. How is your proposal consistent with current zoning of your property? The proposal is consistent with the zoning of the property because it meets the intent of the zoning district by providing a needed service to the local area. The complex is reliant on the transportation network for business and has easy access to a well travelled roadway. Additionally, the proposal still provides adequate setbacks when coupled with the existing and proposed setbacks between the existing and proposed uses. These setbacks continue to provide adequate privacy, light, air and view. D. How is your proposal consistent with uses and zoning of neighboring properties? The proposal is consistent with uses and zoning of neighboring properties because of its design and because the proposed use is low intensity. This proposed use is more consistent with the surrounding residential uses on all sides of the property. A land use that only generates occasional traffic and has limited hours of operation, is a better neighbor to surrounding residential uses, than a service or business that generates substantial traffic and has no limitations on its hours of operation. For these reasons, the proponents believe this proposal is consistent with uses and zoning of neighboring properties. E. How is your proposal in the best interest of the community? This proposal is in the best interest of the community because it has been designed to self -absorb all negative impacts of the project. The internal compound concept permits the use to exist and have no impact on the adjoining neighbors. This concept is in the best interest of the community because it permits an infill project to occur and has no affect on surrounding property owners. Adequate privacy, light, air and view are still being provided to the adjoining property owners on the south. The low elevation roof lines of the project also provide some relief to neighbors and the travelling public by not creating a large mass structure that is not aesthetically pleasing. This project has been designed to fit into this neighborhood and the community as a whole while providing a service where a need has been demonstrated. RECEIVED NOV 0 1 2013 OF YAKIMA PLANNING DIV, ARTMENT OF UTILITES 111•,,A) ENGI R NG Debbie Cook, PE, Director Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 0 Fax (509) 576-6305 October 21, 2013 Bill Hordan 410 N. 2" Street Yakima, WA 98901 REC vED OCT 2i 2013 WY OF YAKIMA PLANNINn DIV Subject: Notice of Decision for Transportation Concurrency Residential Mini -Storage at 8102 & 8 1 0 4 W. Nob hill Boulevard Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed new residential mini -storage at 8102 & 8104 \V. Nob Hill Boulevard, within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will he addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please call me at (509) 576-6797. Sincerely, Brett H. Sheffield, PE Chief Engineer Enclosure cc: Rosalinda tharra Date of Review: Review Prepared by: Proposed Development: Subject Address: 1TE Land Use: City of Yakima, Washington Engineering Division Transportation Concurrency Analysis October 21, 201.3 Brett H. Sheffield, Chief Engineer, (509) 576-6797 Residential Mini -Storage 8102 & 8104 W. Nob Hill Boulevard LU I1 51, Mini -Warehouse (0.26 PM Peak Hour Trips per 1,000 SF Gross Floor Area) [0.26 * 56.6] = 15 PM Peak Hour Trips Expected Net PM Peak floor Trip Generation: 15 PM Peak 1 -Tour Trips Average Weekday Trips = 142 IlECe1/610 OCT 2 1 26,73 °TV OF MK* PLANNING DI1/4 Summary of Impact: The applicant, David and Teresa Hoeger, proposes to construct a 56,575 square foot residential mini -storage unit at 8102 & 8104 W. Nob Hill Boulevard, within the city of Yakima, Washington. Traffic from this new development will enter the Arterial Street system on 801h Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. Based upon local data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. Seg Street Segment Total ADT PM Pk HT Vol. Peak Hr Cap. Peak Hr Reserve Cap. New Dev. PM Pk Hr Impact 2006-2012 Con- currency Trips Resulting Pm Pk Hr Capacity Segment LOS V/C (V/C Ratio) 205 216 Nub Hill:80th Ave. to 72nd Ave. 80111 Ave.: Nob Hill to Wide Hollow 11,060 4,912 962 427 2,000 1,600 1,038 1,173 10 15 146 52 882 1,106 0.56 0.31 A A Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may he discussed at the project level or SEPA review. The review does not address intersection level of service. 'Fran S[101 1.11 Cap2cily Analysis l'ayr,e 1 of 1 NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: December 3.2D13 TO: Applicant and Adjoining Property Owners FROM: Steve Osguthorpe, Community Development Director & Planning Manager SUBJECT: Environmental Review and construction of a 56.575 sq ft. residential mini -storage and Administrative Adjustment of the setback standard from an abutting residential district NOTICE OF APPLICATION The City of Yakima Department of Community Development has received a Type 3, Administrative Adjustment Review, and State Environmental Policy Act Checklist (SEPA) applications from David Hoeger (applicant), on behalf of NEI Investors (property owner). The applicant has requested zoning and environmental review and approval for the proposed construction of a 58.675 sq. ft. residential mini - storage and Administrative Adjustment of the setback standard from an abutting residential district from 20 to 5 ft. The subject property is located at 8102 W. Nob Hill B|vd., Yakima, WA and is zoned Local Business (B-2). NOTICE OF ENVRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the Qty of Ymkinoa. Planning 0viuion, has been established as the lead ogmncy, pursuant to the Washington State Environmental Policy Act (SEPA)under WAC §197-11'828for the review cf this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for this project. The Optional DNS process in WAC § 197-11-355 is being used. The proposal may include mitigation measures under applicable codes and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the subsequent threshold determination may be obtained by request and may be appealed pursuant tnYyWC§8.0M.17O. Agenoieo. tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. This may be your only opportunity to comment. All written comments received by December 23, 2013, will be considered prior to issuing the final SEPA determination on this application. NOTICE OF PUBLIC HEARING This Type 3 conditional land use application requires that the Hearing Examiner hold a public hearing prior to rendering a decision on the land use application. This public hearing has been scheduled for Thursday, January 23, 2014, beginning at 9:00 a.m, in the Councel Chambers. City Hall. 129 N 2nd 8tnemt, YeNma, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Oivioion, 129 N 2nd St., Yakima, WA 98901. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its possible environmenlal impacts. Alt written comments received DOC. INDEX ` �� �~ � � '] by December 23, 2013, will be considered prior to issuing the Final SEPA Determination, Written comments on the Type (3) arid Administrative Adjustment Review will be accepted through the hearirig date. Your comments on this project may be mailed to: Steve Osguthorpe, Community Development Director City of Yakima Planning Division 12RNorth 2nd Street Yakima, VVAQ8QU1 or e-mail your comments to: leffAet1H.r��&��h?}�YY���/ Please reference the applicants name or file number(s) in your corresporidence: Hoegmr—CL3#003'13.A0J#000'13.and SEPA#020'13 Required Permits: Building Permit, Dust Control Permit, Stormwater, and Site Plan Required Studies: None Existing Environmental Documents: None Development Regulations For PjeciK4itigationandConsiatency|mdudo:iheS1aimEnvirnnnnenio|Po|icy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12, Development Standards, and the Yakima Urban Area Comprehensive Plan. The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Oivioinn, 2nd ftoor City Hall, 129 North 2nd Stnaei, YnNma, Washington. If you have any questions on this propnna|, please call Jeff Pm1ers, Supervising Planner at (509) 575'6153 or e-mail at: Encl Narratives, Site Plans and Mailing Map |bmrra.Rmmw|inda From: Sent: To: Subject: Attachments: Simon Sizer [ssizeKirnahens|d Wednesday, November 27, 2013 11:50 AM |bana.Rosa|inda Re: 12'U3'2D13Legal Notice: NtcofApp, SEPA.Hearing -Hoager'CL3.AOJ.SEPA |BAFlFD\-68-385787-1.pdf I've scheduled this legal notice for 12/3, for a cost of $148.05. C)n11/27/13IO:1OAM, "|barm\Rosalinda" «RosalindaJbanarayaWnnawa��� Simon, please publish only once on Tuesday December 3, 2013. Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division — 129 North 2nd Street, Yakima, WA 98901 Thank youl Roaa|/mda|barra Community Dev|upment Administrative Assistant 'ooa|inda.iba,ra ov City of Yakima Planning Division <h 12gNorth 2nd Street, Yakima WA$gg p:(aPe)s75-6103 *t(509)S75-81Vs Wh Simon Sizer J Legal & Obituary Clerk YakimnaHem|d'Repub|ic 114 North 4th Street, Yakima, WA 98901 Phone: (509) 577-7740 1 Fax: (509) 577-7766 wwwyakima'hera|dznm Reaching 73% of Yakin-ia County adults every week in print and onhine 2012 Scarborough Report Yakima/Pasco/Richland/Kennewick R2, (Fall 2011 - Fall 2012) Yakima County NOTICE oFAPPLICATION, REVIEW & PUBLIC HEAR/NG: File Number: CL3P 003-13, AD,14006- /3, and SEPA P020-13, Project Description: The City of Yakima Department of Community Developrnent has received ., a Type 3, Administrative Adjustment Review. and r> 1.1' Slate Environmental Policy Act Checklist (SEPA;• applications horn David idoeger ;applicant), on behalf 01 NEf Investors (properly owner) The applicant has re.queste.ci zi [ming and Environmental Review and approval for the proposed construction of a 56,575 sq. h. residonPa/ mini -storage and Administrative Adjustment of the setback standard from an abutting residential distuci from 20 to 5 ft., Property Location: 8',02 W. Nen Hlif Blvd., Yakima. WA, Zoning: Lona/ Business (13-2), Tax Parcel Number: 18133041002 IEW.V_W; This is to notify ill the public and private agenzies with furiSdiction and environmental exper- tise that the Cily of Yakima Division 01 EnvironmentaI Planning has been established as the lead agency. pursuant to the lAieshington State Environmental Pol- icy Act (SF.P.Aj toi the above stated project. Y011 have the right to comment on this application and become a party of record. Agencies, tribes. and Ma public are encouraged to review and comment on this proposed project and ils probable onvircrimental impacts. Al! written comments rece,veC by 5:0U p.m. 12/23/13 (regarding (tic SEPA Review; wi!i be considered prior to issuing the I,nal determination on this application. Please mai! ynw comments to. Steve Osgulhorpe, 01 Yakima. 129 N. 2rid St, Yakima, WA 95901. Please i of the SEPA thresnold deie ruination will be available after the end of the 20 -day comment period, There will be a 14 -day SEPA appeal period elfective upon !he dale of mailing. NS_)-rigg OF p_uauc HEARING; This request requires that the City of Yakilma Hearings Examiner hold a public hearing, which is scheduled j 'Or 01/23/14 oeg:nning at 9'00 a.m. in the Council • Chambers. Cily Hal, 129 N. 2nd SL, Yakima, WA. Any person oesiting to express their views on this Mat- ter is invited to attend the public hearing or to submit written comments. Following. !he public haariny. the j Hearing Examiner will issue. a tvritte] decision within ! len :)...1siness days of the public hearing. If you have am questions on this proposal„c4ease call Jeff Peters. Sepervising Planner al 5d9-575-6163 '---~~y~ ' ----~ December 3, 2013 YAKIMA. HE _-4tEPUBLIC A daily part of your Ilfe [I jti .eyakima-herald.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 11/27/13 Account #: 110358 Company Name: CITY OFYAKIMA/YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: DEPT OF COMM/ECON DEVELOPEMENT 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Account Rep: Phone # Email: Ad ID: Start: Stop: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com 385787 12/03/13 12/03/13 Total Cost: $148.05 Agate Lines: 146 # of -Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 12/03/13 DOC. INDEX NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW & PUBLIC HEARING: File Number: CL3#003-13, ADJ#006-13, and SEPA #020-13; Project Description: The City of Yakima Department of Community Development has received a Type 3, Administrative Adjustment Review, and State Environmental Policy Act Checklist (SEPA) applications from David Hoeger (applicant), on behalf of NEI Investors (property owner). The applicant has requested zoning and Environmental Review and approval for the proposed construction of a 56,575 sq. ft. residential mini -storage and Administrative Adjustment of the setback standard from an abutting residential district from 20 to 5 ft.; Property Location: 8102 W. Nob Hill Blvd., Yakima, WA; Zoning: Local Business (B-2); Tax Parcel Number: 18133041002 & 18133041001; NOTICE OF ENVIRONMENTAL REVIEW; This is to notify all the public and private agencies with jurisdiction and environmental exper- tise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Pol- icy Act (SEPA) for the above stated project. You have the right to comment on this application and become a party of record. Agencies, tribes, and the public are encouraged to review and comment on this proposed project and its probable environmental impacts. All written comments received by 5:00 p.m. 12/23/13 (regarding the SEPA Review) will be considered prior to issuing the final determination on this application. Please mail your comments to: Steve Osguthorpe, Community Development & Planning Manager, City of Yakima, 129 N. 2nd St, Yakima, WA 98901. Please reference the file number (CL#003-13; Adj#006-13, & SEPA #020-13) or applicant's name (Hoeger). A copy of the SEPA threshold determination will be available after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing. NOTICE OF PUBLIC HEARING; This request requires that the City of Yakima Hearings Examiner hold a public hearing, which is scheduled for 01/23/14 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N. 2nd St., Yakima, WA. Any person desiring to express their views on this mat- ter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue a written decision within ten business days of the public hearing. If you have any questions on this proposal, please call Jeff Peters, Supervising Planner at 509-575-6163 or jeff.peters @ yakimawa.gov. (385787) December 3, 2013 Courtesy of Yakima Herald -Republic 18132932003 CITY OF YAKIMA 129 N 2ND ST 2ND FL YAKIMA, WA 98901 18133041002 NEI INVESTORS LLC PO BOX 821336 VANCOUVER, WA 986820030 18133014006 UCIP LLC 3801 W WASHINGTON AV YAKIMA, WA 98902 18132923474 EVANGELICAL CHURCH OF YAKIMA 7901 W NOB HILL BLVD YAKIMA, WA 989081947 18132932002 GOLDSTEIN MEADOWBROOK LIMITED PARTNERSHI 201 SILVIA CT LOS ALTOS, CA 94024 18133041001 NEI INVESTORS LLC PO BOX 821336 VANCOUVER, WA 986820030 18133041401 BARBARA A DENTON 1118 S 80TH AVE YAKIMA, WA 98908 18133014005 STORAGECO LLC 3801 W WASHINGTON AVE YAKIMA, WA 989031181 18133041012 DENNIS KENDIG 1110 S 80TH AVE YAKIMA, WA 98908 18133041028 JERRY & JANET COPELAND PO BOX 8144 YAKIMA, WA 989088144 18133041010 MARVIN W & CAROL M PARSLEY 8202 W NOB HILL BLVD YAKIMA, WA 98908 18133041402 LANCE & DORIS STULTZ 1124 5 80TH AVE YAKIMA, WA 98908 18133041403 RUBY LEE DUNHAM 1202 5 80TH AVE YAKiMA, WA 98908 Bill Hordan 410 N 2nd Street Yakima, WA 98901 David Hoeger 610 South 24th Avenue Yakima, WA 98902 18133041032 LARRY L & ANGELA PHILLIPS 1114 S 80TH AVE YAKIMA, WA 989089728 14 Total Parcels - David Hoeger/ NEI Investors LLC - CL3#003-13, ADJ#006-13, SEPA#020- 13 n-Ic off' APPS SETA, k-ar.uita e(.341003-/3 ScPHr+v?-o- 13 /43//3 DOC. INDEX #j Alitanum Irrigation District Cascade Natural Gas Department of Commerce DC III 1-‘1111 DI UILII1L: EXCLAILIVC 1-thtiltilL1111 Jim mooinson mein i-acuitator urowin management .services Department of Ecology Annie Szvetecz SEPA Policy Lead Department of Fish and Wildlife Eric Bartrand .._, Department of Natural Resources Linda Hazlett Assistant Land Manager Department of Social & Health Services Andrew J enkins Jeanne Rodriguez Dept of Archaeology & Historic Preservation Greg Griffith Deputy State Historic Preservation Officer Dept of Archaeology & Historic Preservation Gretchen Kaehler Local Government Archaeologist EnergyEngineering Facility Site Evaluation Council - EFSEC Stephen Posner SEPA Officer Division Debbie Cook Dana Kallevig Nob Hill Water Association Eric Rhoads Office of Rural and Farm Worker Housing Marty Miller U.S. Army Corps or Engineers. Regulatruy Branch Karen llrelius Projec1 Manager Wastewater Division Shelley Willson. Acting Wastewater Nianager West Valley School District Angela WaliN Asst. Supt. Of Business & Operations WSDOT Paul Cionselh Planning Engineer WSDOT Rick Holmstrom Development Services Yakanni 13111e1111 of Indian Affairs Bud Robbins Superintendent Yakania Bureau of Indian Affairs Steve Wangemann Deputy Superintendent or Trusi Services Yakima Bureau of Indian Affairs Rocco Clark Environmental Coordinator Yakama Nation Environrnental Management Program Kristina Proszek Environmental Review Coordinator Yakania-Klickitat Fisheries Project John Marvin Yakima Air Teminal Robert Peterson, Manager Yakima County Commissioners Yakima County Health District Yakima County Public Services Steven Erickson Planning Director Yakima County Public Services Vern Redifer Public Services Director Yakima Greenway Foundation Al Brown Executive Director DOC. INDEX Yakima Health District Gordon Kelly Director of Environmental Health Yakima Regional Clean Air Agency Hasan Tahat Engineering & Planning Supervisor Yakima Valley Conference of Governments Shawn Conrad and Joseph Calhoun Yakima Valley Museum John A. Baulc Director Manager tr Chamber of Commerce 1 Kevin Chileote 8 South 2nd Ave, Rm#304 Yakima, WA 98902 10 North 9th Street Yakima, WA 98901 1005 North 16th Ave Yakima, WA 98902 David Spurlock City of Union Gap P.U. Box 3008 Union Gap, WA 98903 Kelly McLain Department of Agriculture P.O. Box 42560 Olympia, WA 98504 Gwen Clear Department of Ecology 15 West Yakima Ave, Ste# 200 Yakima, WA 98902 Mark Teske Department of Fish & Wildlife 201 North Pearl Ellensburg, WA 98926 Environrnental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 Federal Aviation Administration 2200 W, Washington Ave Yakima, WA 98903 Cayla Morgan Federal Aviation Administration Airports District Office 1601 Lind Ave SW Renton, WA 98055-4056 Govenior's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 Mike Paulson Pacific Power 500 North Keys Rd Yakima. Vs'A 98901 Ray Wondereheek Soil Conservation District 1606 Perry Street, Ste, F Yakima, WA 98902 Paul Edmondson Trolleys 313 North 3rd Street Yakima, WA 98901 Jeff McKee United States Postal Service 205 W Washington Ave Yakima. WA 98903 WA State Attorney General's Office 1433 Lakeside Court, Ste # 102 Yakima, %VA 98902 Christine Collins WA State Dept allealth, Office of Drinking Water 16201 E Indiana Ave, Stet! 1500 Spokane Valley, WA 99216 Robert HodLunan WSDOT, Aviation Division 818 79th Avenue, Ste B Turnwater, WA 98504-7335 Johnson Mciiimek Yakaina Indian Nation P.O. Box 151 Toppenish, WA 9894S Ruth Jim Yakama Indian Nation P.O. Box 151 Toppenish, WA 98948 Elaine Beraza Yakima School District 104 North 4th Ave Yakima, WA 98902 Robert Smoot Yakima Valley Canal Co 1640 Garretson Lane Yakima, WA 98908 Scott Robertson Yakima Waste Systems 2812 Terrace Heights Dr Yakima, WA 98901 Yakima -1)0,0n Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 *k-,apollo'-sliared'Plan inwAssinnrients-P runglABELS and FORMS\SEPA REVIEWING AGENCIES_updated OK I, - Form List.doex Type of Notice: File Number: Date of Mailing: 3/13 fT 1 -Ira V 9 SQ)A-46.10 DOC: INDEX In -House Distribution E-mail List Name Division E-mail Address Debbie Cook Engineering Debbie.cookimawa.gov Dana Kal levig Engineering dana.kallevig(d),vakimawa,gov Dan Riddle Engineering dan.riddleorakimawa.gov Mark K ler Legal Dept Mark.kunkler@yakimawa.eov Jeff Cutter Legal Dept jeff.cutteryakimawa.gov Archie Matthews ONDS archie.matthewsriD,yakirnawa. E.,7 o v Mark Soptich Fire Dept mark.soptich(ayakimawa.gov Jerry Robertson Code Administration jerry.robertson@yakimawa.gov Royale Schneider Code Administration royale.schneider(4vakimawa.gov Glenn De an Code Administration glenn.denman@yakimawa.go V Suzanne DeBusschere Code Administration Suzanne.debusschere@yakimawa.gov Dave Brown Water/Irrigation clave,brown(yakimawa.gov Mike Shane Water/Irrigation mike.shanerc)yakimawa.gov Carolyn Belles Wastewater carolvn.belles(ajyakimawa.gov Shelley Willson Wastewater Shelley.willsonayakimawa.gov Scott Schafer Public Works Dept ' scott.schaferfa)yakimawa.gov . es Dean Utilities James.dearayakimawa.gov es Scott Refuse Division James.scott@yakimawa.gov Kevin Futrell Transit Division kevin.futrellyakimawa.gov Steve Osguthorpe Community Development steve.osguthorpe,yakimawa.gov For the Record/File Binder Copy Revised 07C20 13 Type of Notice: File Number(s): Date of Mailing: DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, December 03, 2013 3:47 PM To: Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Cook, Debbie; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Unit; Department of Fish and Wildlife - Eric Bertrand; Department of Natural Resources - Linda Hazlett; Department of Social & Health Services - Andrew Jenkins; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen Kaehler; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; lbarra, Rosalinda; Kallevig, Dana; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Riddle, Dan; Schneider, David; US Army Corps of Engineers - Karen M. Urelius; Schafer, Scott; West Valley School District - Angela Watts; Willson, Shelley; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom, Yakama Bureau of Indian Affairs - Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann, Yakama Nation Environmental Mgmt Program - Kristina Proszek; Yakama- Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Planning Director - Steven Erickson; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; YVCOG - Joseph Calhoun; Belles, Carolyn; Brown, David; Cutter, Jeff; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kunkler, Mark; Matthews, Archie; Meloy, Randy; Osguthorpe, Steve; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark Cc: 'Tcbgc@aol.com'; 'Patrick Spurgin'; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News, KIMA TV - Jim Niedelman; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV - Julie Stern; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy Subject: 12-03-2013 Press Release: Ntc of App, SEPA, Public Hearing - CL 03-13, ADJ#006-13, SEPA#020-13 Attachments: NTC OF APP SEPA HEARING - Hoeger - CL3, SEPA, ADJ.pdf Please see attached Notice of Application, SEPA Review, and Public Hearing for David Hoeger/NEI Investors LLC, Rosalinda Ibarra Community Development Administrative Assistant rosalinda.ibarraAyakimawa.gov City of Yakima I Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 * f: (509) 575-6105 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: CL3#003-13, SEPA#020-13, ADJ#006-13 David Hoeger / NEI Investors, LLC 8102 West Nob Hill Blvd I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, d Hearing Examiner Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; and SEPA reviewing agencies. That said are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 3rd day of December, 2013. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Ro a inda Ibarra Community Development Administrative Assistant CITY OF YA 1 A LAND USE ACTION INSTALLATION CERTIFICATE Location of Installation (Check One) Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Code A. -nistration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative locatio I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print Telephone Number of Applicant 3-65 , 5' The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please re 1 the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX COMMUN. DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning@yakimawa.gov • http:l)www.yakimawa.govtserviceslplanning) WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON December 30, 2013 PROJECT DESCRIPTION: Environmental review and approval for the proposed construction of a 56,575 sq. ft. residential mini -storage in the Local Business (B-2) zoning district. PROPONENT: Hoeger (applicant), on behalf of NEI Investors (property owner) LOCATION: 8102 W. Nob Hill Blvd., Yakima WA PARCEL NUMBERS: 18133041002 & 18133041001 LEAD AGENCY: City of Yakima. FILE NUMBERS: CL3#003-13, ADJ#006-13, and SEPA#020-13. DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ® This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Responsible Official: Position/Title: Phone Address: Steve Osouthorpe SEPA Responsible Official (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 Date December 30, 2013 Signature ® You may appeal this determination to: Steve Osguthorpe, AICP, Director of Community Development, at 129 N 2"d Street, Yakima, WA 98901. No Tater than: By method: January 13, 2014. Complete appeal application form and payment of $580 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. DOC. INDEX HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER CITY HALL COUNCIL CHAMBERS HEARING DATE: Thursday January 23, 2014 CASE FILE # APPLICANT SITE ADDRESS ZIP CODE CL3#003-13 (c.oWt e g4 1-547 ., ate (, //n A. ADJ#006-13 David Hoeger / NEI Investors LLC 8102 West Nob Hill Blvd PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. CASE NAME ADDRESS ZIP CODE (c.oWt e g4 1-547 ., ate (, //n r.// ,8///d i S'190 'ALL_ '-//t' ti 2-1-9 Sr" y.4i.-14_ ci ocrbi fri!e5tt.. 00YLID/cuh ( (D >-1L14-k Atte- qPg01' DAV iu I-1) K (I b) i *Ii 41/41..e l g o Z Hearing Examiner Public Hearing Sign -In Sheet -9l I /231 DOC. INDEX _ $ Peters, Jeff From: Sent: To: Subject: City Planning Department john D\SELL4gnhniasmUa@msuoonn> Thursday, January 02, 2014 6:59 AM Peters, Jeff Jeff Peters City Planner re:application: CL3#003-13 regarding land use application: CL3#003-13 It is my understanding that a mini storage facility is planned for the lot on the corner of Nob Hill and 80th Ave. 1 would like to encourage the City to favorably consider this applicaton. 1 have lived in Yakima for 40 yers and my father and I have run a small business for almost 50 years in the same location. We have seen many changes in Yakima in this time and are always interested in seeing the valley progress. My mother is very active in the gang task force and gruMitic*|itinn. My father, wife and I have been active in Rotary. The Yakima valley is a wonderful place and we would like to see the area stay beautiful and safe for my children in the years to come. In regard to the mini storage facility, | live very close to the area and would like to see an improvement in the land and the continued introduction of small locally owned business in the west valley area. Dr. and Mrs. Hoeger have been professional colleagues over the last 12 years and 1 can attesthat the quality of the structure, the esthetics of the grounds and the management of the proposed Self Storage will mimic the professional dealings that I have seen from them in their own small business. The graffiti on the metal fabricated building to the wesof the proposed build site, the graffiti on the structure that was recently torn down on the site and the current empty lot with waist high weeds is in need of a general improvement. As you know, the graffiti "artists" seem to target areas that are visible and especially those that are vacant or "run down." The burned Shopkeeper and Gepetto's building the old Shooters supply, and many others have failen pray to this vandalism while vacant. I feel that an improvement in this area both in esthetics and the addition of a small business (for the public's direct use) will continue the general improvement in the west valley area. Thank you for your consideration, John M. laselia DOC. INDEX � �� Peters, Jeff From: Jack Stewart ^]eckhpidi@chmrtecnet/ Sent: Sunday, January 12, 2014 3:17 PM To: Peters, Jeff Cc: David Subject: West VaIley storage units Attachments: Hoeger Storage Units Eevation with Clock Towerpdf Mr. Peters, It has come to my attention that Mr. David Hoeger has plans to develop a storage facility near the intersection of 80th Ave. and Nob Hill Blvd. Based upon the artists rendition of the proposed plan (attached) it appears it should be a positive addition to the surrounding area, In the event it is developed with similar design and landscaping, as well as maintained in a positive manner 1 would be supportive ofsuch development. Sincerely, John H.(^]ack^)Stewart 1420 So. 80th Ave. Yakima, VVA989O8 (509)539-1890 DOC. INDEX # Peters, Jeff From: Sent: To: Subject: City Planning Department, Steven Kitts <ddskitts@wildblue.net> Tuesday, January 14, 2014 8:28 AM Peters, Jeff David Hoeger/NEI Investors LLC (CL3#003-131 Thank you for the opportunity to comment on the development proposed for the corner of 80' Ave and Nob Hill Blvd f[L3#083'13). 1 have lived in West VaIley for over 7 years and have a sincere interestin its progress, |be|ieve this type of business will help the quality of living in West Valley improve without having a big impact on noise or traffic. It is my understanding that the few storage facilities out here in West VaIley re consistently almost filled to capacity. 1 think that WestValley '5 probably in need of more options for safe, clean storage. The existing lot is unsightly and over run with weeds. |'d much rather see the storage facility as is planned here instead ofan overgrown vacant lat. 1 feel it will add to the appeal and overall look of the neighborhood. Having a successful well maintained business will enhance this area of West Valley and bring a sense positive of growth tothe community. Steven T. Kitts Peters, Jeff From: Sent: To: Subject: Tim Sattler <timsattIer@hotmaiLcom> Wednesdy, January 15, 2014 9:12 PM Peters, Jeff 80th ave storage Jeff, | m writing in regards to the proposed storage units on 80th avenue. As a West Valley resident | feel we can benefit from this project. We are limited with this business on the west side of town. The current property is an eye sore compared to the proposed building plans. The city will benefit from additional tax revenue which is needed. Thank you Tim Sattler 4381 Ahtanum Yakima Peters, Jeff From: Thia Spearing <goddessofcolor@gmail.com> Sent: Tuesday, January 14, 2014 4:22 PM To: Peters, Jeff Subject: Nob Hill and 80th proposed self storage Hi Jeff, I am very happy and excited about the proposed Self Storage for the property on Nob Hill and 80th. 1 live westof 96th on Wide Hollow and work on Nob Hill so 1 drive past this property every day. It was so scary when the little pink house was sitting empty and then got tagged and had broken windows. 1 just felt the neighborhood was going down hill. But now, hearing about the Self Storage business, I know the neighborhood will be looking better! There are a lot of manufactured homes in the area with very little storage so this business will provide a needed service to the area. I'm glad it's not going to be another bar or restaurant I think there are enough eating establishments in that area immediate vicinity. I'm also glad it wont be another manufacturing facility as those tend to contribute to pollution. This seems like a good business, that will contribute in a positive way to our community. Thank you, Thia Spearing (509) 654-0222 DOC. [INDEX Peters, Jeff From: Pruiett <jefpat99@charternet> Sent: Wednesday, January 22, 2014 9:07 PM To: Peters, Jeff Subject: proposed storage unit on 80th avenue It has been brought to my attention that a storage facility is being proposed on 80th avenue in West Valley.1 have lived in the West VaIIey area for the Iast 15 years. In that time 1 have seen it grow and change and with it the needs of the area have changed. We have used a storage unit facility on several short term occasions as well as have paid a month by month lease on a unit for the last 15 years. It would be nice if there was a storage unit closer to our home here in West Valley. The area around the proposed storage facility is very run down, I believe this unit would help to "clean" up an area that is run down and not very pleasant to look at. Not being from Yakima originally, I have some misgiving about whether this is a town I would want my children to come back to or a place I would like to retire. 1 feel that the city does not do a very good job encouraging growth and development. If 1 were from out of town and drove down 8Oth, 1 can't say 1 would be very impressed by the appearance of what is currently there. 1 hope that the city would consider and allow a nice storage unit to be placed in the West Valley area to help serve the people who live here. I know this is late, but I appreciate you taking the time to consider my opinions. Sincerely, Patty Pruiett Resident on 93rd Ave, Peters, Jeff FromElizabeth Gehlsen <lizgehlsen@hotmail.com> Sent: Friday, January 17, 2014 9:02 AM To: Peters, Jeff Subject: Comments for Application by David Hoeger/NEI Investors Dear Mr. Peters, This e-mail is to provide comments for a current application made by David Hoeger/NEI Investors to build a storage facility on Nob Hill Blvd. As a resident in the area, | would appreciate a secure, well maintained storage facility. Our current options include a storage facility on Occidental Avenue that is poorly lit, not very well secured and an eye sore. The proposed building will provide storage options for "snow birds" and other residents who don't have garage space to store their seasonal items. Please approve this application 50 that residents have a secure option. Thank you 50 much, Elizabeth Gehlsen 509~654-9335 DOC. NDEX �� �� �� Commercial Lighting - Wall Pack Lighting - W80 Wave Cutoff Wall Packs 35 to 150 Wa... Page 4 of 5 • • :•1 http://www.laststoplighting.com/w80-wave-semi-cutoff-wall-packs-35-to-150-watt/ 1/22/2014 Combination landscaping/drainage example (local: Lowes) DOC. INDEX # �/ Combination landscaping/drainage examp (local: Creekside West Restaurant) DOC. IN # rt_ Combination landscaping/drainage example (local: Perry Tech) Combination andscaping/drainag example 1 Combination landscaping/drainage example • • Combination landscaping/drainage exar DOC. IN EX # t -/'l Combination landscaping/drainage example DOC. INDEX # t_� Combination landscaping/drainage example DOC. INDEX Combination landscaping/drainage example DOC. INDEX # Combination landscaping/drainage example_ Combination landscaping/drainage examplc DOC. INDEX # �- f . I Evergreen sitescreening example DOC. IVDEX i.:146sou, Combination landscaping/drainage exan (local: Perry Tech) DOC. INDEX # _ View SOUTH on 80th Ave note: sitescreening for mobile home park Is Intermittent EAST Mobile Home Park note: intermittent site screening DOC. INDEX # lj1 �: •:•. S-Neli']«firt L'1 l:r i't1N4•il'r-1i1r:J - :L111' ! t -• note: intermittent site screening DOC. INDEX #- LTL View NORTH on 80th Ave note: sitescreening for mobile home park is intermitt DOC. INDEX # H -f Mk - TV T EAST Mobile Home Park note: Intermittent site screening DOC. INDEX # SpEED LIMIT EAST Mobile Home Park note: intermittent site screening DOC. INDEX EAST Mobile Home Park note: intermittent site screening DOC. INDEX # 11-1 EAST Mobile Home Park note: intermittent site screening DOC. INDEX # • note: intermittent site screening DOC. INDEX 1.11 EAST Mobile Home Pari note: intermittent sitescreening DOC. INDEX # _ 1 View SOUTH of Propert DOC. INDEX # /1- . le war Arire View SOUTH of Propert DOC. INDEX _# 11 / Evergreen sitescreening example At AP SOUTH Neighbor note: manufactured home with metal roof DOC. INDEX # /1 - 1 SOUTH Neighbor note: shed wiith metal roof SOUTH Neighbor note: shed wiith metal roof DOC. 1 DEX # I DOC. INDEX WEST Neighbor note: manufactured home NORTH Neighbor note: shed wiith metal roof DOC. IN DI' X --�i^:7-Azit 1.:' Q, 41n� •r r •� ** �� }�/X1MRfTi �. � � 4 oak NORTH Neighbor note: metal shed wiith metal roof DOC. INDEX, # EAST Mobile Home Park note: intermittent site screening J EAST Mobile Home Park note: all metal construction DOC. INDEX 4.% .10 7 EAST Mobile Home Park note: all metal construction DOC. IP # IL DEX _1 Neighboring Businesses note: metal roof & lack of site screening (corner of 80th Ave & Wide Hollow) DOC. INDEX # H --i Neighboring Businesses note: all metal construction & lack of site screening (corner of 80th Ave & Wide Hollow) DOC. INDEX Neighboring Businesses note: all metal construction & lack of site screening (corner of 80th Ave & Wide Hollow) DOC. �I1 D EX 11111011w Mar Neighboring Businesses note: all metal construction & lack of site screer (corner of 80th Ave & Wide Hollow) DOC. INDEX # Example of metal used in commercial construction (HAPO) DOC.INDEX Example of metal used in commercial construction (Walmart) [end of Exhibit C] [end of Exhibit C] Exhibit D Title 12 DEVELOPMENT STANDARDS Chapters: 12.01 Construction of Public Works Improvements 12.02 Public Utility Easements 12.03 Sewer 12.04 Water 12.05 Sidewalks 12.06 Streets 12.07 Traffic Studies 12.08 Transportation Capacity Management 12.20 Public Works Improvement Review and Inspection Fees Chapter 12.01 CONSTRUCTION OF PUBLIC WORKS IMPROVEMENTS Sections: 12.01.010 Purpose. 12.01.020 Applicability—Compliance. 12.01.030 Design documents. 12.01.040 Review process. 12.01.050 Procedures manual for construction of public improvements. 12.01.060 Phased improvements. 12.01.070 Severability. 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision, development, or redevelopment of real property, and to establish fees for the city engineer's review of design documents for and inspection of public works improvements. (Ord. 2001-13 § 1, 2001: Ord. 95-6 § 2, 1995). 12.01.020 Applicability—Compliance. (1) Any person or entity which undertakes to construct any public works improvement in the city of Yakima, including, without limitation, applicants who are granted a permit or approval that is conditioned on or otherwise requires construction of public works improvements in the city of Yakima, shall comply with the provisions of this chapter. (2) Repairs and/or minor alterations to existing curbs or gutters, sidewalks, street pavement, driveway approaches, and alleys are regulated by Title 8 of this code and are excepted from the requirements of this chapter. (Ord. 95-6 § 3, 1995). 12.01.030 Design documents. (1) Design documents for design and construction of public works improvements shall, without limitation, include plan drawings and profile drawings, engineering calculations, and specifications. Design documents shall be submitted by the applicant to the city engineer before any construction is started. The city engineer may require the applicant to submit multiple sets of design documents. All drawings shall be of sufficient clarity and detail to indicate the location, nature, and extent of the public works improvements. Design documents shall show in detail that construction work and public works improvements shall conform to applicable laws and regulations including this title. Plans shall be drawn on substantial velum or mylar capable of reproduction on standard engineering reproduction equipment and shall conform to engineering standards satisfactory to the city engineer. Applicants may request to submit design documents on computer media compatible with the city engineer's data processing system. (2) Design documents shall be prepared by a civil engineer licensed by the state of Washington. The city engineer may waive preparation by a licensed civil engineer if the nature of the work contemplated is such that preparation by a licensed civil engineer is not necessary to obtain compliance with applicable laws and regulations including this title. Submittal of appropriate design documents shall not be waived. (Ord. 2001-13 § 2, 2001: Ord. 95-6 § 4, 1995). 12.01.040 Review process. (1) The city engineer shall review design documents for public works improvements. No public works improvements may be constructed before appropriate fees are paid and the city engineer has provided written approval of the pertinent design documents. If the city engineer determines that proposed public works improvements and the related design documents conform to applicable requirements including this chapter, then the city engineer shall mark the original design documents "Approved" and affix his/her signature thereto, and these actions shall constitute written approval. (2) Proposals will ordinarily be reviewed and inspected in the order they are submitted to the city engineer. An. applicant may request expedited review or inspection; however, an applicant shall have no right to such expedited review or inspection. The city engineer may determine the terms and conditions of such expedited review or inspection, including, without limitation, compensation for city employee overtime work. (3) Public works improvements described by approved design documents must be constructed in conformity with the approved design documents and may not be changed, modified or altered without written approval of the city engineer. (4) The applicant shall, during construction, maintain a neatly marked, full-sized set of record drawings showing the layout and final location of all public works improvements involved in new construction. Prior to final acceptance by the city of Yakima of public works improvements, reproducible record drawings prepared by the civil engineer of record and clearly identified as record drawings shall be delivered to the city engineer for acceptance. (5) The applicant shall submit for written approval by the city engineer a detailed summary of the construction cost of approved public works improvements, which may include the contractor's bid, the engineer's estimate, or other items which may assist the city engineer to determine the cost of construction. (6) The applicant shall, upon the city engineer's written approval of completed public works improvements, transfer ownership of such public works improvements to the city of Yakima. (7) Final acceptance by the city of Yakima of the actual public works improvements shall not occur before the applicant has satisfied all applicable requirements, including, without limitation, those of this chapter. (Ord. 2001-13 § 3, 2001: Ord. 95-6 § 5, 1995). 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review, permitting and inspection of public improvements constructed by private parties. This manual shall include a schedule of fees for such review, permitting and inspection approved by the city council. (2) All public improvements financed by owner/developer private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. (Ord. 2001-13 § 4, 2001). 12.01.060 Phased improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately useful and may be deferred until a period of time has passed, a development milestone has been reached, or some other event makes actual construction of such specified improvement useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer, actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be useful immediately must be constructed as part of the initial phase of a project or development and may not be included in the written agreement allowing specified improvements to be constructed at some later time, and shall be constructed prior to final approval of the initial phase of the proposed development. (Ord. 2001-13 § 6, 2001). 12.01.070 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this title is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this title. (Ord. 2001-13 § 7, 2001: Ord. 95-6 § 7, 1995). Chapter 12.02 PUBLIC UTILITY EASEMENTS Sections: 12.02.010 Establishment of easements. 12.02.020 Easement location and width. 12.02.030 Easement pattern. 12.02.040 Drainage easements. 12.02.050 Other facilities. 12.02.060 Design approval and adjustment. 12.02.010 Establishment of easements. Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new lots and redeveloped lots to provide future utility access as determined necessary by the city engineer. Public utility easements shall be dedicated (granted) at the time that subdivision and/or land use approval is granted. (Ord. 2001-13 § 8, 2001: Ord. 98-64 § 1 (part), 1998). 12.02.020 Easement location and width. Eight -foot -wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (Ord. 2001-13 § 9, 2001: Ord. 98- 64 § 1 (part), 1998). 12.02.030 Easement pattern. Utility easements shall be continuous and aligned from block to block within a subdivision and with easements in adjoining subdivisions to facilitate the extension of public utilities. (Ord. 98-64 § 1 (part), 1998). 12.02.040 Drainage easements. Drainage easements shall be provided to protect natural watercourses, drainage ways, and stream channels and to accommodate drainage facilities. Alignment and width of drainage easements shall be determined by the city engineer. (Ord. 98-64 § 1 (part), 1998). 12.02.050 Other facilities. Easements for unusual facilities such as high-voltage electrical transmission lines, higher -capacity natural gas transmission lines, and other private facilities may be provided at the direction of the city engineer. (Ord. 2001-13 § 10, 2001: Ord. 98-64 § 1 (part), 1998). 12.02.060 Design approval and adjustment. The engineering design of easements is subject to approval by the city engineer. The city engineer may, in his/her discretion, adjust these standards as necessary to facilitate establishment of easements. (Ord. 2001-13 § 12, 2001). Chapter 12.03 SEWER Sections: 12.03.010 Sewer service required. 12.03.020 Sewer line extensions. 12.03.030 Sewer line location. 12.03.040 Minimum line size. 12.03.050 Line termination. 12.03.060 Manholes required. 12.03.070 Side sewer service. 12.03.080 Side sewer maximum length. 12.03.090 Gravity flow required. 12.03.100 Design approval and adjustment. 12.03.010 Sewer service required. All new Tots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. (Ord. 98-64 § 1 (part), 1998). 12.03.020 Sewer line extensions. Sewer lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the city's adopted sewer comprehensive plan. (Ord. 98-64 § 1 (part), 1998). 12.03.030 Sewer line location. Sewer lines shall be located in streets to serve abutting properties. When necessary, sewer lines may be located within public easements. Sewer mains located in streets will be offset from the street centerline by six feet and manholes shall not be located within a vehicle tire path. Sewer lines located in easements shall generally be located in the center of the easement, but may, with the approval of the city engineer, be offset to accommodate the installation of other utilities or to satisfy special circumstances. (Ord. 2001-13 § 13, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.040 Minimum line size. The minimum size for public sewer lines is eight inches in diameter. (Ord. 98-64 § 1 (part), 1998). 12.03.050 Line termination. Sewer lines shall be terminated with a flush -end (clean-out) or a manhole as directed by the city engineer. Manholes will generally be used when extension of the sewer line is anticipated and manhole spacing will be appropriate for the future. (Ord. 98-64 § 1 (part), 1998). 12.03.060 Manholes required. Manholes shall be installed at intervals of no greater than three hundred fifty feet and at all vertical and horizontal angle points. (Ord. 2001-13 § 14, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.070 Side sewer service. Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi -unit buildings are permitted. (Ord. 2001-13 § 15, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.080 Side sewer maximum length. The maximum side sewer length within public right-of-way shall be one hundred feet unless otherwise approved by the city engineer. (Ord. 2001-13 § 16, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.090 Gravity flow required. Sewer lines shall be designed for gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity. (Ord. 2001-13 § 17, 2001: Ord. 98-64 § 1 (part), 1998). 12.03.100 Design approval and adjustment. The engineering design of sewer facilities is subject to approval by the city engineer. The city engineer may, in his discretion, adjust these standards as necessary to facilitate installation of sewer facilities, in cooperation with the wastewater division manager. (Ord. 2001-13 § 18, 2001: Ord. 98-64 § 1 (part), 1998). Chapter 12.04 WATER Sections: 12.04.010 Service required. 12.04.020 Water line extension required. 12.04.030 Looping required. 12.04.040 Minimum size and material standards. 12.04.050 Design approval and adjustment. 12.04.060 Replacement of wooden mains. 12.04.010 Service required. All new lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city engineer in cooperation with the code administration manager and water irrigation division manager. (Ord. 2001-13 § 20, 2001: Ord. 98-64 § 1 (part), 1998). 12.04.020 Water line extension required. Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the city's adopted water comprehensive plan. (Ord. 98-64 § 1 (part), 1998). 12.04.030 Looping required. All water lines shall be looped. Temporary dead-end water lines may be permitted based upon an agreement between the developer and the city with provisions for timely completion of looping. (Ord. 98-64 § 1 (part), 1998). 12.04.040 Minimum size and material standards. New water lines in the city of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company system shall conform to the requirements of Nob Hill Water Company. (Ord. 98-64 § 1 (part), 1998). 12.04.050 Design approval and adjustment. The design of water lines and appurtenances is subject to approval by the city engineer. The city engineer may, in cooperation with the water/irrigation division manager in his/her discretion, adjust these standards as necessary to facilitate installation of water lines and appurtenances. (Ord. 2001- 13 § 21, 2001: Ord. 98-64 § 1 (part), 1998). 12.04.060 Replacement of wooden mains. (1) When development or construction activities cause an existing wooden water main to be covered by impervious surfacing, or to be exposed for other construction activities, the wooden main shall be replaced. (2) When replacement of existing wooden water mains is required, the replacement material shall be PVC pipe, class 200, or cement Tined ductile iron pipe, class 50. (3) The replacement pipe shall be the same diameter as the existing pipe. (4) The City shall supply the pipe and fittings. The developer shall excavate and install the replacement pipe. The city shall supply the labor to connect the replacement pipe to the existing system. (5) The replacement main may be relocated in compliance with the water/irrigation division standards and requirements as approved by the city engineer. (6) When existing irrigation water mains are available to a site development or redevelopment, the irrigation mains should be extended to serve the development. (Ord. 2001-13 § 22, 2001). Chapter 12.05 SIDEWALKS Sections: 12.05.010 Sidewalk installation required. 12.05.020 Sidewalk location, thickness and width. 12.05.030 Obstructions. 12.05.040 Design approval and adjustment. 12.05.010 Sidewalk installation required. Sidewalks shall be installed along both sides of all new, improved, and reconstructed streets. Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. (Ord. 2001-13 § 23, 2001: Ord. 98-64 § 1 (part), 1998). 12.05.020 Sidewalk location, thickness and width. Sidewalks shall be located in the street right-of-way or, when necessary, in a public easement. They shall be constructed of cement concrete and be a minimum of four inches thick. Sidewalks at driveway approaches shall be a minimum of six inches thick. Sidewalks which are in need of repair or replacement may be reconstructed at their existing width. Otherwise, minimum sidewalk width for all new development shall be: A. Residential streets B. Arterial and collector streets C. Central business district streets 5 feet 7 feet 12 feet On arterial and collector streets five feet of sidewalk may be allowed with two feet of buffer such as planter strip. (Ord. 2001-13 § 24, 2001: Ord. 98-64 § 1 (part), 1998). 12.05.030 Obstructions. The full width of sidewalks shall be maintained free of any obstructions such as utility poles, meters, or manholes where feasible. (Ord. 2001-13 § 25, 2001). 12.05.040 Design approval and adjustment. The design of sidewalks and appurtenances is subject to approval of the city engineer. The city engineer may, in cooperation with the streets manager, adjust these standards as necessary to facilitate installation of sidewalks and appurtenances. (Ord. 2001-13 § 26, 2001). Chapter 12.06 STREETS Sections: 12.06.010 Street types, functional classification. 12.06.020 Right-of-way and pavement width standards. 12.06.030 Design standards, adjustment of standards. 12.06.040 Bicycle and pedestrian facilities. 12.06.050 Cul-de-sac streets. 12.06.060 Pattern. 12.06.070 Provision of street curbing. 12.06.080 Street lighting. 12.06.090 Private access streets. 12.06.010 Street types, functional classification. The Yakima urban area comprehensive plan, and/or the West Valley neighborhood plan, designates the functional classification of the principal arterial, minor arterial and collector streets and establishes their functional classification. All other streets are classified as local residential access. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 27, 2001: Ord. 98-64 § 1 (part), 1998). 12.06.020 Right-of-way and pavement width standards. Right-of-way shall be dedicated and street surfacing provided in accordance with the following: Right -of -Way Pavement Width (feet) minimum** (feet) Principal arterial 100 70 Minor arterial 80 65 Collector arterial 80 54 Neighborhood collector 60 40 Residential access 50 32 Alley ways 20 20 ** See Figure 1. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 28, 2001: Ord. 98-64 § 1 (part), 1998). 12.06.030 Design standards, adjustment of standards. The preferred construction design standards for each class of street are depicted in Figure 1. Final design of street improvements is subject to approval by the city engineer. The city engineer, at his discretion, is authorized to adjust these standards as necessary to facilitate the construction of new streets and improvement of existing streets. Projects which repair small portions of or maintain existing streets shall not be considered "improvements" for the purposes of this section. (Ord. 2012- 30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 30, 2001: Ord. 98-64 § 1 (part), 1998). Figure 1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). 12.06.040 Bicycle and pedestrian facilities. Bicycle lanes and pedestrian sidewalks shall be provided along all new or reconstructed arterial and collector arterial streets, where feasible. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 31, 2001: Ord. 98-64 § 1 (part), 1998). 12.06.050 Cul-de-sac streets. Cul-de-sacs shall be constructed within a street right-of-way eighty feet in diameter and have an improved diameter of sixty-five feet. The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 98-64 § 1 (part), 1998). 12.06.060 Pattern. A. Street pattern shall provide for the continuation or appropriate projection of existing and new streets. B. Residential streets shall be planned to discourage their use by nonlocal traffic. C. Right-of-way boundaries at intersections of access streets shall be rounded with a minimum radius by the city engineer to be necessary. When determined necessary by the city engineer, the boundary line intersection shall be truncated with a chord having a nominal deflecting angle of forty- five degrees. D. Streets shall be designed to intersect as nearly as possible at right angles and in no case shall streets intersect at an angle of less than eighty degrees. E. Local access streets with centerlines offset Tess than one hundred eighty feet shall not be allowed. F. Temporary dead-end streets shall be provided with a temporary cul-de-sac at the closed end and the design shall provide for continuation of the full right-of-way width to the property boundary. G. Alleys, if used, shall be centered on the rear lot lines and shall serve only as secondary access to Tots. Dead end alleys are not permitted. H. The hearing examiner and city council may, upon recommendation from the city engineer, require such other design standards as deemed appropriate to ensure a safe and efficient street system. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 32, 2001; Ord. 98-64 § 1 (part), 1998) 12.06.070 Provision of street curbing. Barrier curbs shall be installed along all public streets. Rolled mountable curbs may be permitted along residential access streets. Curb design shall be consistent with the standards of the city engineer. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 33, 2001: Ord. 98-64 § 1 (part), 1998). 12.06.080 Street lighting. A street light shall be installed at each street intersection and at mid block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 98-64 § 1 (part), 1998). 12.06.090 Private access streets. Private streets may be used as sole access to new Tots and development and for internal circulation within manufactured home parks and residential planned developments. Private streets shall be constructed in conformance with following standards: Potential Easement Engineered Surface Surface Density Width Street Plans Width Type 3 30 No 20 Paved 8 40 No 24 Paved 16 50 Yes 30 Paved Private streets shall be constructed with curbs, sidewalks, and street lighting and shall otherwise conform to the standards for public streets. Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles. (Ord. 2012-30 § 1 (Exh. A) (part), 2012: Ord. 2001-13 § 34, 2001: Ord. 98-64 § 1 (part), 1998). Chapter 12.07 TRAFFIC STUDIES Sections: 12.07.010 When required. 12.07.020 Professional qualifications. 12.07.030 Scope of study. 12.07.010 When required. In order to provide sufficient information to assess a development impact on the transportation system and level of traffic service, the city engineer may require a traffic study to be completed at the developer's expense. This decision will be based upon the size of the development proposal, existing roadway condition, traffic volumes, accident history, expressed community concern, and other factors relating to transportation. (Ord. 98-64 § 1 (part), 1998). 12.07.020 Professional qualifications. Traffic studies shall be conducted under the direction of a civil engineer or civil engineering firm licensed in the State of Washington and possessing special training and experience in traffic engineering and, preferably, with membership in the Institute of Transportation Engineers (ITE). (Ord. 98-64 § 1 (part), 1998). 12.07.030 Scope of study. The level of detail and scope of the traffic study may vary with the size, complexity and location of the proposed development. A traffic study shall be a thorough review of the immediate and long- range effects of the proposed development on the transportation system. Guidelines for traffic studies shall be published and available from the city engineer. (Ord. 98-64 § 1 (part), 1998). Chapter 12.08 TRANSPORTATION CAPACITY MANAGEMENT Sections: 12.08.010 Intent. 12.08.020 Definitions. 12.08.030 Transportation capacity test. 12.08.040 Exemptions. 12.08.050 Administrative reconsideration. 12.08.060 Appeal to the city council. 12.08.010 Intent. The city of Yakima is required by the State Growth Management Act, Chapter 36.70A RCW, to ensure that proposed development not be approved unless transportation improvements or strategies to accommodate the impacts of such development are established concurrently with any proposed development that would otherwise reduce the level of service of a transportation facility below the standards adopted in the transportation element of the city's comprehensive plan. The intent of this chapter is to establish a transportation capacity management system to ensure that transportation facilities and services needed to maintain adopted minimum comprehensive plan level of service standards are available concurrently with, or within a reasonable time after, new development, occupancy, or use. This chapter implements the goals, policies and implementation strategies of the capital facilities plan element of the Yakima urban area comprehensive plan. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.020 Definitions. A. "Applicant" means a person or entity that has submitted a complete application for a development or building permit. B. "Available transportation capacity" means currently unused transportation capacity within a transportation facility. C. "Concurrency" means that adequate transportation facilities are available when the impacts of development occur or a financing plan is adopted which will fund required improvements within six years. D. "Development permit" means any land use or development approval which may be granted by the city of Yakima. E. Level of Service Standards. The "level of service standards" used in transportation capacity tests are those standards specified in the current adopted or transportation element of the capital facilities program. F. "Planned capacity" means transportation capacity for a transportation facility that is not yet available, but for which the necessary facility construction, expansion or modification project is included in the current adopted capital facilities plan and scheduled to be completed within six years. G. "Transportation capacity" means the volume of transportation activity (motor vehicles/lane/unit time) that can be reasonably and safely accommodated by a transportation facility, as stated in the transportation plan, final report, dated February 1998 (or as revised, supplemented, or replaced), which is appended to the capital facilities element of the comprehensive plan. For the purposes of this chapter, transportation capacity shall be measured as eight hundred vehicles per lane during peak hour, pursuant to city council Ordinance 2000-4. H. "Transportation capacity test" means the comparison of the transportation capacity required by proposed development and the available capacity, including planned capacity. I. "Transportation facility" means the classified streets identified in the capital facilities element of the comprehensive plan. (Ord. 2000-5 § 1(part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.030 Transportation capacity test. A. Application. The city's review of all applications for development permits and for building permits for projects not exempted by Section 12.08.040 shall include a transportation capacity test conducted by the city traffic engineer. B. Procedures. The transportation capacity test will be performed by the city traffic engineer in conjunction with review of proposed development projects and building permit applications. The department of community and economic development shall notify the applicant of the test results. 1. If the unused capacity of transportation facilities affected by a project is equal to or greater than the capacity required by the project, the transportation capacity test is passed. 2. If the unused capacity of transportation facilities affected by a project is less than the capacity required by the project, the transportation capacity test is not passed. The project may not be approved unless transportation improvements or strategies to provide capacity required by the project are established concurrently with the project. 3. In the event a proposed project does not pass the transportation capacity test, the applicant may: a. Modify the application to reduce the transportation capacity required by the project; b. Demonstrate to the city's satisfaction that the project will require less transportation capacity than would normally be required by similar projects and that, therefore, unused transportation capacity is adequate; c. Propose transportation improvements or strategies to provide the capacity required by the project development. C. Test. Proposed developments that would reduce the level of service below the minimum level of service standard cannot be approved. For transportation facilities, available and planned transportation capacity will be used in conducting the transportation capacity test. The city will maintain administrative policies which describe the methodology for calculating the capacity analysis. Such policies shall be available for public information at the time of application. D. Fees. A fee of two hundred fifty dollars shall be paid for each transportation capacity test, except that this fee shall be waived for one subsequent test within six months of a test for which the fee was paid. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.040 Exemptions. A. No Significant Impact. Development permits for projects which, as determined by the city traffic engineer, create less than ten p.m. peak hour trips, as estimated using the Institute of Transportation Engineers Trip Generation Manual, 6th Edition (or more recent) on any transportation facility are exempt from the requirements of this chapter. A list of exemption threshold will be maintained as part of the administrative policies. B. The director of community and economic development, with the recommendation of the city traffic engineer, shall be responsible for determining other types of development to be included under this exemption. C. Building Permit Applications Filed Before Effective Date of the Ordinance Codified in this Chapter. Complete building permit applications submitted before the effective date of said ordinance are exempt from the requirements of this chapter. D. Single -Family Homes. Single-family homes on lots platted before the effective date of said ordinance are exempt from the requirements of this chapter. E. Accessory Dwelling Units. All accessory dwelling units, as defined in this code, are exempt from the requirements of this chapter. F. Accounting for Capacity. The transportation capacity for development permits exempted under subsections C and D of this section shall be taken into account. Traffic counts shall be maintained and regularly updated by the city of Yakima and used for monitoring purposes. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.050 Administrative reconsideration. The applicant may request administrative reconsideration of the results of the transportation capacity test within fifteen days of the notification of the test results by filing with the department of community and economic development a formal request for reconsideration specifying the grounds thereof, using forms authorized by the department of community and economic development. Each such request for administrative reconsideration shall be accompanied by a fee of one hundred dollars. Upon filing of such request, the director of community and economic development shall notify the city traffic engineer of such request. The city traffic engineer shall reconsider the test results and issue a determination either upholding the original determination or amending it. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). 12.08.060 Appeal to the city council. The applicant may appeal the results of the transportation capacity test within fifteen days after the city traffic engineer issues notice of decision on a request for administrative reconsideration by filing with the department of community and economic development a formal appeal of the transportation capacity test specifying the grounds thereof, using forms authorized by the department of community and economic development. Each such appeal to the city council shall be accompanied by a fee of one hundred fifty dollars. Upon filing of such appeal, the department of community and economic development shall notify the city clerk of such appeal. The city council shall review the test results and issue a determination either upholding the original determination or amending it. (Ord. 2000-5 § 1 (part), 2000: Ord. 98-68 § 1 (part), 1998). Chapter 12.20 PUBLIC WORKS IMPROVEMENT REVIEW AND INSPECTION FEES Sections: 12.20.010 Review and inspection fee for public work improvements_ 12.20.020 Payment. 12.20.030 Public works improvement bid item prices. 12.20.010 Review and inspection fee for public work improvements. The review and inspection fee shall be based on the construction cost estimate obtained from the Public Works Improvement Bid Item Prices sheet provided in YMC 12.20.030. For items that are not included in YMC 12.20.030, the consulting engineer shall provide the per unit cost to be reviewed and approved by the city engineer. The review and inspection fees shall be calculated as follows: • Fourteen percent of the calculated construction cost up to twenty-five thousand dollars, plus twelve percent of the calculated construction cost between twenty-five thousand and fifty thousand dollars, plus ten percent of the calculated construction cost for costs in excess of fifty thousand dollars. (Ord. 2012-59 § 1, 2012: Ord. 2011-19 § 1 (part), 2011). 12.20.020 Payment. Payment of the review and inspection fees shall be as follows: • Two hundred fifty dollars shall be paid at the time plans are submitted to the city engineer and shall be a nonrefundable charge. • Remainder of fee balance, if any, shall be paid following review and prior to approved plans being released to the consulting engineer/owner/developer. (Ord. 2012-59 § 2, 2012: Ord. 2011-19 § 1 (part), 2011). 12.20.030 Public works improvement bid item prices. Public Works Improvement Bid Item Prices ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Clearing and Grading Half Street Improvement LF $6.00 Full Street Improvement LF $12.00 OTHER Clearing and Grading Total: Street Saw Cut (per inch depth) LF $1.00 Crushed Surfacing Top Course TON $15.00 Crushed Surfacing Base Course TON $14.00 Asphalt Treated Base TON $60.00 Hot Mix Asphalt TON $70.00 Pavement Repair SY $40.00 Porous Asphalt Pavement SF $4.00 Porous Concrete Pavement SF $5.00 Cement Concrete Traffic Curb and Gutter LF $9.00 Cement Concrete Sidewalk, 4 -Inch Depth SY $27.00 Cement Concrete Sidewalk, 6 -Inch Depth SY $30.00 Handicap Ramp (Separate of Commercial Approach) EA $750.00 Commercial Approach EA $3,500.00 OTHER Street Total: Storm Drainage System 8 -Inch Pipe LF $22.00 10 -Inch Pipe LF $25.00 12 -Inch Pipe LF $30.00 18 -Inch Pipe LF $35.00 24 -Inch Pipe LF $40.00 Type 1 Catch Basin EA $750.00 Type 1L Catch Basin EA $1,000.00 Curb Inlet EA $650.00 Connection to Existing Catch Basin/Manhole EA $1,600.00 Retention System LF $70.00 Infiltration Swale LF $6.00 Pollution Control EA $200.00 OTHER Storm Drainage Total: Sanitary Sewer System 8 -Inch Pipe LF $30.00 10 -Inch Pipe LF $35.00 12 -Inch Pipe LF $40.00 48 -Inch Manhole EA $1,700.00 72 -Inch Manhole EA $3,000.00 Extra Depth Excavation (per foot depth over 12' deep) LF $2.00 Extra Depth Manhole (per foot over 12' depth) FT $110.00 OTHER Sanitary Sewer System Total: Water System 4 -Inch Pipe LF $15.00 6 -Inch Pipe LF $20.00 8 -Inch Pipe LF $25.00 10 -Inch Pipe LF $30.00 12 -Inch Pipe LF _ $40.00 4 -Inch Gate Valve EA $550.00 6 -Inch Gate Valve EA $725.00 8 -Inch Gate Valve EA $1,000.00 10 -Inch Gate Valve EA $1,250.00 12 -Inch Gate Valve EA $1,500.00 Fire Hydrant Assembly EA $1,800.00 Blow Off Assembly EA $850.00 Air and Vacuum Assembly EA $1,000.00 Water Valve Box EA $65.00 OTHER Water System Total: Street Lighting Aluminum Street Light EA $3,000.00 Service Meter EA $300.00 Electrical Junction Box EA $150.00 Electrical Conduit LF $3.00 OTHER Street Lighting Total: Miscellaneous Monument EA $300.00 Street Sign EA $200.00 Pavement Marking LF $1.00 Control Density Fill CY $80.00 Adjust Existing Utilities EA $220.00 Sod Installation SY $17.00 OTHER Miscellaneous Total: Project Total: LEGEND LF = Linear Foot SY = Square Yard SF = Square Foot CY = Cubic Yard (Ord. 2011-19 § 1 (part), 2011). EA = Each FT = Foot [end of Exhibit D] Exhibit E Title 15 YAKIMA URBAN AREA ZONING ORDINANCE* Chapters: 15.01 Title, Purpose and Jurisdiction 15.02 Definitions 15.03 Zoning Districts 15.04 Permitted Land Uses 15.05 Site Design and Improvement Standards 15.06 Off -Street Parking and Loading 15.07 Sitescreening 15.08 Signs 15.09 Special Development Standards 15.10 Conditions of Approval/Administrative Adjustment of Standards 15.11 General Application Requirements 15.12 Permits 15.13 Type (1) Review 15.14 Type (2) Review 15.15 Type (3) Review 15.16 Appeals 15.17 Modifications to Existing or Approved Uses or Development 15.18 Existing Uses and Development 15.19 Nonconforming Uses, Structures and Critical Areas 15.20 Administration 15.21 Variances 15.22 Interpretations 15.23 Amendments and Rezones 15.24 Revocation of Permits or Approvals 15.25 Violations and Enforcement and Administration 15.26 Land Development Fees 15.27 Critical Areas 15.28 Master Planned Development Overlay 15.29 Wireless Communications Facilities 15.30 Airport Safety Overlay (ASO) 15.31 Institutional Overlay Appendix A Yakima Urban Growth Area Legal Description Appendix B Designated Type 2 Stream Corridors * Prior legislation: Ords. 93-10, 94-7, 95-5, 96-19, 97-9, 98-9, 99-13, 2001-76 and 2005-84. Chapter 15.01 TITLE, PURPOSE AND JURISDICTION Sections: 15.01.010 Title and authority. 15.01.020 Jurisdiction. 15.01.030 Purpose and intent. 15.01.035 Illegal uses prohibited. 15.01.040 Applicability. 15.01.050 Compliance. 15.01.060 Conflict of provisions. 15.01.070 Severability. 15.01.080 Number and gender. 15.01.010 Title and authority. Yakima Municipal Code (YMC) Title 15, codified in YMC Chapters 15.01 through 15.31 of this code, shall be known as the Yakima urban area zoning ordinance (UAZO). The Yakima urban zoning ordinance is enacted under authority granted to Yakima County and the city of Yakima by Article XI, Section II, of the Washington State Constitution and RCW 36.70. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.020 Jurisdiction. A. Generally. This title is enacted and administered separately by the city of Yakima and Yakima County for lands and uses within the Yakima urban growth area (UGA). The ordinance adopted and enacted by the city of Yakima applies to all land and uses located within the city limits of the city of Yakima. The ordinance adopted and enacted by the county of Yakima applies to the unincorporated portions of the Yakima urban growth area. B. Yakima Urban Area Boundary. For purposes of this title, the Yakima urban growth area is hereby officially declared to be that area bounded and described: 1. On the official zoning maps adopted in accordance with YMC 15.03.030; and 2. In the "Yakima Urban Growth Area Legal Description" codified at the end of this title as Appendix A and hereby adopted by reference and declared to be a part of this title. In cases of conflict between the official zoning maps and the official legal description, the official legal description shall control. C. Existing Ordinance Superseded. The provisions of this title shall be and are hereby declared to supersede and replace all existing and future provisions of Yakima Municipal Code Title 15 within the unincorporated areas of Yakima County located within the Yakima urban growth area as officially described and adopted in YMC 15.01.020(B). The provisions of Yakima County Code Title 15A shall, however, continue and remain in full force and effect in the unincorporated areas of Yakima County located outside the officially adopted Yakima urban growth area. D. Terminology. Unless the context clearly implies some other meaning, references to "county," "city," or similar terms in this title refer either to Yakima County or the city of Yakima, whichever entity has jurisdiction over the particular land use proposal or other item involved or affected. In no event shall such references be construed to require, directly or indirectly, action by both entities or their respective officials or agencies. References to "legislative body," "administrative official," "department of community and economic development director," "hearing examiner" or other official or agency under this title mean those officials or agencies of the city of Yakima or Yakima County, whichever entity has jurisdiction. (Ord. 2008-46 § 1 (part), 2008: Ord. 2002-01 § 1, 2002; Ord. 2947 § 1 (part), 1986). 15.01.030 Purpose and intent. The purpose of this title is to implement the Yakima urban area comprehensive plan and promote the general health, safety and welfare of present and future inhabitants of the Yakima urban growth area. The goals and policies of the urban area comprehensive plan will be used for interpretation and implementation. These goals are accomplished in many ways, including: 1. Achieving public and private land use decisions consistent with the policies and objectives of the Yakima urban area comprehensive plan; 2. Dividing the Yakima urban area into districts according to the use of land and structures and the intensity of such use; 3. Encouraging the location and use of structures and land for commerce, industry and residences in districts where they are compatible with neighboring land uses; 4. Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools can be provided; and limiting development in areas where these facilities are not provided; 5. Securing economy in local governmental expenditures; 6. Encouraging innovative site design; 7. Providing for adequate privacy, Tight, air, and view; 8. Promoting development within the Yakima urban growth area that is cost-effective to build and maintain; 9. Reducing the time required for public review of proposed projects; 10. Protecting existing land uses and property values from adverse impacts of adjoining developments; 11. Reducing traffic danger and congestion on roads and highways; 12. Minimizing public and private losses due to flooding. This title is designed to be flexible and intentionally increases the potential uses or choices available to individual property owners. This flexibility is balanced by procedures and standards based on the Yakima urban area comprehensive plan designed to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community's general welfare. Both concepts are essential to this title and declared necessary for the promotion of the general health, safety and welfare. Further, this title divides all the land within the unincorporated portion of the Yakima urban area and the city of Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district's purpose, identifies the general character of the area within the district, and establishes policies to be achieved by development in the district. Distinctions between each district are significant and based on the Yakima urban area comprehensive plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to be an official statement of legislative finding and purpose. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.035 Illegal uses prohibited. A. General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city. B. Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the State of Washington, such uses are not allowed in any zone within the city. For purposes of this section, "dispensary" means any person, entity, site, location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. C. Production, Processing and Retailing of Marijuana Prohibited. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating production, processing, retail sale and retail outlets for the sale of marijuana and marijuana -infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, and implementing regulations in Chapter 314-55 WAC, as now existing or hereafter amended, such uses are each prohibited and not allowed in any zone within the city. (Ord. 2014-001 § 2, 2014: Ord. 2012- 03 § 2, 2012). 15.01.040 Applicability. A. Except as exempted, no "use" or "development," or "modification of use or development," as those terms are defined, may be established, placed, performed, constructed, or implemented, in whole or in part, without a permit. The permit required by this title is called a "development permit." Yakima Municipal Code Chapters 15.11 and 15.12 contain provisions governing such permits and applications for permits. The following uses and modifications are exempt from review and permit requirements; provided, that they do not conflict with the requirements of a previously issued permit: 1. Normal structural repair and maintenance; 2. Changes to conforming structures which do not involve "structural alteration" as that term is defined by this title; 3. Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor physically expand the structure; 4. Accessory structures (YMC 15.04.060) otherwise meeting the specific development standards and other requirements of this title and which do not require a building permit under the provisions of the applicable building code as adopted by the city/county; 5. Communication towers less than thirty-five feet in height and which meet the requirements of YMC 15.04.180; 6. Exempt signs; 7. Yard sales meeting the requirements of Section 15.04.090; 8. Alterations to land including grading, leveling, paving and excavation, the fair market value of which does not exceed five hundred dollars or fifty cubic yards; 9. Sitescreening and landscaping; and 10. All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision regulating such improvements. B. Uses of Lands Are Regulated by This Title. (See YMC 15.02.020 defining "use," "accessory use," "structure," "site improvement," and "development.") Title 15 regulates such uses in the following ways: 1. By specific development standards which must be met (see YMC Chapters 15.05, 15.06, 15.07, 15.08, and 15.09). Some of the development standards are designed to be administratively adjusted to accommodate the purpose and intent of the zoning district involved and allow flexibility of development. (See YMC 15.10.020.) 2. By prior review of more significant uses to allow general policies and standards to be applied; to assure compliance with the purpose and intent of this title; and to allow more flexibility of development and use. (See YMC 15.01.030.) Different types of review procedures (Type (1), (2), or (3)) (see YMC Chapters 15.13, 15.14, and 15.15) are established for different categories or classes of uses (Class (1), (2), or (3)). The type of review is generally determined by the classification of the use involved under the use chart contained in Table 4-1 (see YMC Chapter 15.04). Accessory uses are also subject to the review processes and development standards. C. New and Existing Uses Regulated. Both uses established before and after the adoption of this title are regulated, but are treated differently depending on their status under this title. Permitted uses are established by Table 4-1, which determines which particular uses are allowed, and the degree of compatibility of the land use in a given zoning district. Uses and development are reviewed under Type (1), (2), or (3) processes, and if approved are called "approved uses." Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing uses." Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see YMC Chapter 15.18). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called "nonconforming uses." Such uses are allowed to continue, but are subject to more restrictions (see YMC Chapter 15.19). D. Changes and Alterations to Uses and Development. Changes and alterations to approved, existing, or nonconforming uses or development are also regulated by this title and are called "modifications." Certain nominal modifications to "approved" or "existing uses" are exempt. Other modifications to "approved" or "existing uses" which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in YMC Chapter 15.17. More significant changes to "approved" or "existing" uses and development, which do not meet the exemptions or administrative approval criteria of YMC Chapter 15.17, must be reviewed using the normal Type (1), (2), or (3) review procedures of this title. Modifications to nonconforming uses are regulated by YMC Chapter 15.19. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.050 Compliance. No structure, land, or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved, improved, removed, converted, or demolished except as authorized by the terms of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.060 Conflict of provisions. In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the county/city, the most restrictive shall govern. In the case of conflicts between the text, maps and tables of this title, the text shall govern unless otherwise stated. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.070 Severability. This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title, nor shall it affect the application of such portion of the zoning ordinance to other property, uses, or structures. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.01.080 Number and gender. Words designating the singular number may also be applied to the plural of persons and things; words designating the plural may also be applied to the singular; words designating the masculine gender may be extended to that of the female; and words designating the feminine gender may be extended to that of the male. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 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 county/city code, the definitions in this chapter shall prevail for the purpose of this title. (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. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition. "Access driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of YMC 15.09.045 which is attached to a single-family home, or detached garage with living facilities for one individual or family separate from the primary single-family. "Accessory use" means a use that is subordinate and incidental to a principal use. "Administrative official" means the duly appointed Yakima County planning official or the city of Yakima director of community and economic development, whichever is appropriate, or their designee. Adult Day Care Center. See "Day care facility." "Adult family home" means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.175). "Agricultural building" means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and cold storage warehouses are not agricultural buildings. An agricultural building shall not be used for human habitation; for processing, treating or packaging agricultural products; nor shall it be a place used by the public. "Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site. An agricultural market may include, as incidental and accessory to the principal use, the sale of factory -sealed or prepackaged food products such as boxes of apples or other fruit and some limited nonfood items, and these products shall consist of no more than forty percent of the gross floor area. This definition does not include the sale of livestock. "Agricultural product support" means a business that provides a product or service intended for use in the processing, storage, preservation, or distribution of agricultural commodities. This definition does not include agricultural processing, storage, preservation, distribution, and related uses. "Agricultural related industry" means specifically: 1. "Packaging plants" may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. This definition does not include processing activities, slaughterhouses, animal reduction yards, or tallow works; 2. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. This definition does not include slaughterhouses or rendering plants; and 3. "Storage facilities" include those activities that involve the warehousing of processed and/or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for 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. "Application for development" means the application form and all accompanying documents and exhibits required by this title or the administrative official. "Arterial" means a principal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling/floor(s). "Auction house" means a structure or enclosure where goods and/or livestock are sold by auction. Automobile Service Station. See "Service station." "Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. Bingo Parlor. See "Game room." "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. Building. See "Structure." "Building area" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage. "Building code" means the building code and related codes as amended and adopted by Yakima County/city of Yakima. "Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection 1 of this definition is more than ten feet above lowest finished grade. (See Figure 2-1.) Figure 2-1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). The height of a stepped or terraced building is the maximum height of any segment of the building. "Building official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. "Business school" means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. "Car wash" means a business engaged in washing, waxing and/or polishing cars and small trucks. This definition includes self-service car washes, automated car washes, manned car washes and auto detailing. Card Room. See "Game room." "Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner/caretaker. "Center line of right-of-way" means the midpoint between the future alignment of the opposite edges of the right-of-way. "Certificate of zoning review" means that certificate issued by the appropriate administrative official stating that the proposed use of the structure or land conforms to the provisions of this title. "Change of use" means a change from one use listed in Table 4-1, Table of Permitted Land Uses, to another use listed in that table. "Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds of poultry. "Children's outdoor recreation center" means an outdoor facility which offers children's rides and/or games such as go-carts, bumper boats, batting cages, miniature golf and/or similar activities for children and which does not operate between the hours of 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. "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 provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. "Class (1), (2) or (3) use, approved" means any use or development approved upon completion of Type (1), (2) or (3) review. "Class (1), (2) or (3) use or development, existing" means a use or development legally existing or legally established prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a particular district, even though the use has not been through Type (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2), or (3) use with an approved modification under YMC Chapter 15.17. "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users, during their re-entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "Halfway house.") "Clinic" means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. "Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on the record to a county/city body or officer (including the legislative body) following an open record hearing on a project permit application with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed. "Coffee/espresso drive-through facility" is a place used to sell coffee and associated items from a drive -up window to a person driving a vehicle. "Coffee/espresso stand" is a place used to sell coffee and associated items from a bar or counter area commonly inside a building and/or structure. "Commercial services" means technical services and specialized care services such as lawn and garden care and delivery services, except as otherwise regulated. "Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio or television transmission or line -of -sight relay. This definition includes towers erected for use in the amateur radio service. "Communication tower height" means the vertical distance above the ground measured to the highest point of the communication tower. "Community center" means a facility owned and operated by a public agency or nonprofit corporation, provided the principal use of the facility is for public assistance, community improvement, or public assembly. "Community garden" means: 1. Privately or publicly owned land that is used by multiple users who may or may not have ownership of the property; 2. May be divided into separate plots, for the cultivation of fruits, vegetables, plants, flowers, or herbs; 3. Common areas associated with the garden are maintained by group members; 4. The produce or goods grown on site are not for commercial sale; 5. A community garden is different than a "collective garden" that is used for the growing of marijuana plants; and no marijuana shall be grown on a community garden plot; 6. A community garden is separate from the use of "agriculture" as defined and regulated under YMC Chapter 15.02 and YMC 15.04.030, Table 4-1, and is different than a privately maintained garden that is associated with a principal use and regulated in accordance with YMC 15.04.060(A); and 7. Structures and buildings associated with a community garden are considered "accessory uses" to a principal use, and shall comply with the provisions of YMC Title 15, and the International Fire and Building Codes. Community Water System. See "Water system, public." "Compatibility" means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. "Comprehensive plan" means the Yakima urban area comprehensive plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or any portion thereof. "Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry. "Condition(s) of approval" means restrictions or requirements imposed by an administrative official pursuant to authority granted by this title. Consulting Services. See "Professional business." "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. "Converted dwelling" means a structure which, due to interior alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multifamily structures constructed under the provisions of this title. "Cosmetic services" means tattooing, body piercing, and similar services. "County" means Yakima County. "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste. "Day" means calendar day. (See YMC 15.20.110.) "Day care center" means a day care facility that supplies care, attention, supervision and oversight serving thirteen or more children regardless of whether such services are provided for compensation, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with state DSHS requirements. "Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty- four hours a day. This includes family day care homes and day care centers. "Day care home, family" means a family day care home located in a private home that supplies care, attention, supervision, and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said state DSHS requirements. "Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five persons. "Department" means either the Yakima County planning division or the city of Yakima department of community and economic development. "Desktop publishing" means activity related to the use of computers in order to produce documents for personal use or for other uses. "Development" means "use" as defined by this title. "Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building/construction permit shall serve as the other development permit. If no building/construction permit is required, the certificate of zoning review shall serve as the development permit. "Development, planned residential" means, in the residential districts, the coordinated development of a single lot with a number of residential structures and/or dwelling types which are designed to: 1. Maintain the character of the residential neighborhood; 2. Provide compatibility between various types of dwelling units, off-street parking and other uses within the site; and 3. Share such site amenities as off-street parking, access drives, open space and recreational facilities. This definition includes the clustering of residential units on a single lot. In the commercial districts, "planned residential development" means a mixed-use development combining multifamily residential and commercial use(s) into a single coordinated project. "Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner's "land" as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a division of land. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Domestic farm animal—Pet" means four or fewer hen chickens (no roosters) or rabbits that are kept for pleasure or as a hobby rather than utility. Domestic farm animals that are considered pets are regulated under the provisions of YMC 15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC 15.09.070, Special requirements for animal husbandry. "Driveway" means the private traveled access to a property or through a parking lot for three or more vehicles. "Drugstore" means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. "Dwelling, multiple -family" means a structure or structures, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot. "Dwelling, single-family" means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows: 1. Site -built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation. 2. Modular home: See "Modular home." 3. Manufactured home: See "Manufactured home" and "Mobile home." "Dwelling, single-family attached" means two single-family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single-family dwellings. "Dwelling, single-family detached" means one dwelling unit located on one lot and not attached to any other dwelling unit. "Dwelling, two-family" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex." "Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or mobile homes. "Earthen material" means sand, gravel, rock, aggregate and/or soil. "Environmental review" means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.21C, as it now exists or is hereafter amended. "Existing uses" means a use or development legally existing or legally established by a jurisdiction prior to the effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district. "Family" means individuals, consisting of two or more persons related by blood, marriage or adoption, or a group of not more than five persons, excluding servants, who are not related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit. A. The term "family" shall include: 1. State -licensed adult family homes required to be recognized as residential uses pursuant to RCW 70.128.175; 2. State -licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusions of subsection B of this definition; and 3. Group homes for the disabled and consensual living arrangements equivalent to a familial setting required to be accommodated as residential uses pursuant to the Fair Housing Act and the Washington Housing Policy Act, RCW 35.63.220 and 35A.63.240, respectively. B. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. C. Calculation of Residents. When calculating the number of unrelated persons residing in a single- family dwelling unit, the following rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (C)(2) of this definition. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (C)(1) of this section. Three or more renters and/or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy or sitescreening. "Finding" is a conclusion of fact reached by the administrative official in a review process and based on the evidence available therein. "Floodplain (one -hundred -year)" means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year. "Floodway" means the channel or waterway or those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of the watercourse without causing more than a one -foot rise in the water surface elevation of a one -hundred -year flood. "Food preparation" means a business, service or facility dealing with the preparation of food items for off-site consumption. This definition includes confectioneries, catering services, and preparation of food items for wholesale. "Game room" means a commercial facility, or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude "social card room" as defined herein. (Also see "Meeting hall.") "Garage, private" means a building or portion of a building designed to store motor vehicles that are used by the occupants of the site's primary use. "Garage, public" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling or storing motor -driven vehicles; but excluding private garages. General Retail Sales. 1. Twelve thousand square feet or less (not otherwise regulated) means the retail sales of merchandise in a store type setting where the building/structure's gross size is twelve thousand square feet or less. 2. Greater than twelve thousand square feet (not otherwise regulated) means the retail sales of merchandise in a store type setting where the building/structure's gross size is greater than twelve thousand square feet. Land uses permitted under the above two categories include, but are not limited to: Clothing, shoes, and accessories Sporting goods and bicycle shops Computer and electronic stores Video sales/rental Collectables (cards, coins, comics, stamps, etc.) Gift shops Department stores Discount store Drug stores and pharmacies Variety store Fabric and sewing supplies Specialty shops Florist (indoor sales only) Small appliances Specialty food stores TVs, business machines, etc., sales Land uses not meeting the intent of the general retail sales and retail trade definitions, as determined by the administrative official, may be either referred to the hearing examiner for a use interpretation under Chapter 15.22 or use classification under YMC 15.04.040. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See YMC 15.06.040. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition includes homes of this nature for six or fewer persons, excluding house parents, which are protected by state or federal law as residential uses. Halfway House. A "halfway house" shall include residentially oriented facilities that provide: 1. State -licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See "Clean and sober facility.") "Hazardous materials" means any item listed as hazardous by a federal agency or State Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010. "Hazardous waste facility, off-site" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. "Hazardous waste facility, on-site" means hazardous waste treatment and storage facilities which treat and store wastes generated on the same lot. "Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes dangerous waste to become subject to regulations under the dangerous waste regulations, WAC Chapter 173-303. "Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator at the generation site is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such waste nondangerous or Tess dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. "Hearing examiner" means that person appointed by the Yakima city council and board of county commissioners. "Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.) "Home occupation" means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home. "Home occupation, business administration" means the accessory use of a dwelling as an administrative office for a licensed commercial business located in an approved commercial zoning district, or a home based Internet business that does not involve the resale of commercial goods. The home is used for phone calls, mail, completing paperwork, and work on a home computer associated with a business. This definition does not include manufacturing, sales not associated with an Internet business, repair or other services. "Home occupation, home contractor" means the accessory use of a dwelling as, but not limited to, lawn care and/or snow removal services, building, electrical and plumbing, contractors offices for small businesses. "Homeowners' association" means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. "Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.010) "Impervious surface" means any material reducing or preventing absorption of stormwater into previously undeveloped land. "Intensity" is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity, the greater the possible impact on neighboring land uses. Generally, the intensity of a land use will determine its compatibility with other types of land uses. "Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used. "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Legislative body" means the board of Yakima County commissioners or the Yakima city council, whichever is appropriate. "Loading space" means an off-street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress. "Lot" means a division of land: 1. Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; or 2. A legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision ordinance (YMC Title 14). "Lot area" means the total horizontal area within the boundary lines of the gross lot. "Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of Tess than one hundred thirty-five degrees. (See Figure 2-2.) Figure 2-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "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 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "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.) Figure 2-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Lot, inside or interior" means a lot other than a corner lot. (See Figure 2-2.) Figure 2-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Lot line, front" means, in the case of an interior lot, the property line separating the lot from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply: 1. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except that the building official, or his designee, shall designate the front lot line for corner lots in residential districts. 2. For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front lot line shall be determined by the building official. "Lot line, interior" means, in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2-4.) Figure 2-4 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "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.) Figure 2-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "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.) Figure 2-3 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Low impact development" means stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small- scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact development addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasize conservation and use of on-site natural features. "Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home and was built after June 15, 1976. Manufactured homes are further classified as follows: 1. "Multi -wide," has a minimum width of not less than seventeen feet as measured at all points perpendicular to the length of the manufactured home; 2. "Single -wide," has a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home. "Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the building codes as adopted by the city/county. "Massage therapy/spa" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact. "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed-use development). "Meeting hall" means a private or quasi -private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club -type card rooms, grange halls, etc. "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 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" means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use. "Mixed-use development" means use of the land or structure for two or more different uses. "Mobile home" means a dwelling on one or more chassis for towing to the point of use which does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coaches, recreational vehicles or motor homes. "Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with another home. "Mobile home park expansion" means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). "Mobile vendor" means a vendor or seller of merchandise or food from a motorized vehicle or other motorized conveyance upon the public streets, alleys, public property of the city, or upon private property. See YMC 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. "Modular home" means a residential structure which meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site -built home. "Multiple -building complex" means a group of structures housing separate businesses sharing the same lot, access and/or parking facilities. "Multiple -occupancy building" means a single structure housing more than one retail business, office, or commercial venture. "Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in private and public streets, rights-of-way, and access easements. (See YMC 15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.) "Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. "Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of this title that fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where it is located. "Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not conform to this title for the district where it is located. "Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses, and/or failing to conform with the provisions, intent, or standards of the district where the use, activity or structure occurs. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1. "Retail nursery" means a nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items; 2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery or other business; and 3. "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales. "Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. "Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right- of-way of a highway, street or alley. "Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other land -altering activities. "Open space, common" means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development. "Park" means a public or privately owned area with facilities for active or passive recreation by the public. "Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. "Parking bay" means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. "Parking lot" means a facility designed to serve parking for five or more motor vehicles. "Parking space" means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle. "Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space. "Party of record" means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal services" means a business providing specialized services such as interior home or business design and shopping services, except as otherwise regulated. "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility including but not limited to: fish, dogs fewer than four, cats fewer than six, hen chickens (no roosters) fewer than five, and rabbits fewer than five. "Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels. "Planning commission" means the duly constituted planning commission for the city of Yakima. "Planning division" means the Yakima County planning division or the department of community and economic development of the city of Yakima, whichever is appropriate. "Preliminary approval" means the contingent approval by the administrative official using an appropriate Type (2) or (3) review process prior to final approval. Preschool. See "Day care center." "Private access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. "Product assemblage" means a business or service involved in assembling products for off-site sales. "Professional business" means a business primarily engaged in administrative or service -related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers and consultants; or providing administrative governmental services. "Property owner(s)" means the legal owner or owners of the property. "Public facility" means a facility owned and operated by a governmental agency or owned and operated by a private entity for the purpose of providing essential public services to the public including, but not limited to: water, irrigation, wastewater, garbage, sanitary, transit, police, fire, ambulance, parks and recreation facilities, and street maintenance. The facility should be located to efficiently serve the people benefiting from the service. "Public hearing" means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate. Public Water System. See "Water system, public." "Recreational screen" means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds. "Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to: boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies. "Recycling drop-off center" means a commercial facility where products such as aluminum, tin cans, glass, plastic, paper, and other similar products are deposited, sorted and transferred to a recycling processing center for reprocessing. "Recycling processing center" means a facility where products such as aluminum and tin cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and reprocessed. "Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit density. "Restaurant" means establishments serving prepared food or beverages for consumption on or off premises. This land use includes but is not limited to: restaurants, sandwich shops, coffee shops with or without drive-through facilities (see YMC 15.04.080 for establishments with drive-through facilities), and fast food restaurants, but does not include bars, cocktail lounges, taverns, brewpubs as licensed by the Washington State Liquor Control Board, catering services, or industrial scale food production facilities. "Retail services" means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices, and uses providing health education and social services. "Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. "Retaining wall" means a wall made of wood, stone, cement, steel or other products intended to support, retain or stabilize earthen or gravelly materials at either natural or finished grade. "Retirement home" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums. "Reviewing official" means the building official, administrative official, hearing examiner, city of Yakima planning commission, or legislative body when engaged in any review or approval procedure under the provisions of this title. "Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land. "Right-of-way, public" means land deeded or dedicated to or purchased by the city of Yakima or Yakima County for existing or future public pedestrian or vehicular access. "Road, local access" means a public road not designed as a principal arterial, minor arterial, collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary purpose of a local access road is to connect property along the local access road with the arterial street system. "Road, private" means a road not designed, built, or maintained by the city, the Washington State Department of Transportation, or any political subdivision of the state. "Road, public" means the physical improvement of the public right-of-way, including, but not limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of Yakima or Yakima County for public vehicular and pedestrian use. "School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. "School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades. "Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. "Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline. When there is no right-of- way, the front setback shall be twenty feet from the front property line. "Setback, side and rear" is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure, except that a side setback on a corner lot, along the adjacent right-of-way, shall be measured perpendicularly from the centerline of the right- of-way. When there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline. "Sewer system, community" means small, self-contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas. "Sewer system, individual" means a system designed and constructed on site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system. "Sewer system, regional" means sewer service provided by a municipality or special purpose district. Sign. See YMC Chapter 15.08 for a complete listing of sign definitions. "Sign manufacturing and assembly" means the design, manufacturing, and assembly of metal -cased, thermo-formed, wooden, stone, neon, internally lit, or electronic signs. "Site improvement" means any structure or other addition to land. "Site improvement, required" means any specific design, construction requirement or site improvement that is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. "Site plan, detailed" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. "Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s). "Social card room" means a commercial facility, or a portion thereof, open to the general public, in which house -banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals. "Special event" means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this code. Specialty Food Store/Food Store, Specialty. See "Delicatessen and other specialty food stores." "Standard, administrative adjustment of" means a change, either an increase or decrease, in one or more of the development standards in YMC Chapters 15.05 through 15.08, in accordance with the provisions of YMC Chapter 15.10. "Standard, general" means any standard not capable of precise numerical definition, but which expresses the policies of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or Type (3) review. "Standard, specific" means those numerical standards established in YMC Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09. "State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105. "Stockpiling of earthen materials" means permanent and/or continuous use for storage of rock, gravel, rubble, sand, or soil. "Storage facilities, bulk" means either enclosed (see "Warehouse") or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling yards or vehicle sales lots. "Storage facilities, commercial" means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. "Storage facilities, residential mini -storage" means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. "Storage, vehicle" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. This definition does not include automotive wrecking/dismantling yards or vehicle sales lots. "Street" means a public or private road. "Street vendor" means a vendor selling food, nonalcoholic beverages, and/or other goods or services within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of- way, or public property using a nonmotorized cart or temporary structure. See YMC 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. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. "Structure, temporary" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. "Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty-eight square feet. "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk haulers are not included under this definition. "Transportation brokerage offices" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. Travel Agency. See "Professional business." "Urban growth area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima urban growth area boundary established by the board of Yakima County commissioners pursuant to RCW 36.70A and adopted in the Yakima urban area comprehensive plan (YUACP) as amended. The boundary and legal description of the Yakima urban growth area is set forth in YMC 15.01.020. The Yakima urban growth area is that area where growth is expected to occur over the next twenty years from the adoption of the YUACP and is the area in which urban level public services are or will be provided. "Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, streetlights, police and fire protection. "Use" means the activity or purpose for which land or structures or a combination of land and structures is designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. Use, Class (1), (2), (3). See Class (1), (2), (3) uses. Use, Modification of. See "Modification (of use or development)." "Use, principal" means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. "Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. "Utilities" are those businesses, institutions, or organizations using pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. "Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Veterinary Clinic. See "Animal clinic/hospital." "Vision triangle" means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See YMC 15.05.040.) "Warehouse" means a structure used for the storage of goods and materials. See "Agricultural building." "Waste material processing and junk handling" means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled; and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials. "Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields for wastewater defined as hazardous pursuant to RCW Chapter 70.105. "Water system, public" means any system, excluding a system serving only one single-family residence, providing piped water for human consumption, as defined and/or regulated under WAC 248-54. "Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers and to industrial, commercial, institutional or professional business users or to other wholesalers. "Wineries or breweries" means a winery or brewery for processing and manufacturing purposes only, with limited wholesale trade incidental to the primary use. Wineries and breweries are categorized as follows: A. "Basic" does not have a commercial tasting room or restaurant; B. "Resort/destination" has either a commercial tasting room or restaurant. This type of winery or brewery is located on a site larger than five acres in size. It could typically be associated, or compatible with: high density residential, resort lodging, or a bed and breakfast; C. "Retail" has either a commercial tasting room or restaurant. "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80). "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. "Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms "zone" and "use district." "Zoo" means a park or facility where animals are kept and raised for visitors to see and observe; zoological park. (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). Chapter 15.03 ZONING DISTRICTS Sections: 15.03.010 Purpose and establishment of zoning districts. 15.03.020 District and map overlay intent statements. 15.03.030 Map of zoning districts and overlays. 15.03.010 Purpose and establishment of zoning districts. The following zoning districts are established to protect the public health, safety and general welfare by implementing the goals and policies adopted in the Yakima urban area comprehensive plan. Residential Districts — Suburban Residential District (SR) — Single -Family Residential District (R-1) — Two -Family Residential District (R-2) — Multifamily Residential District (R-3) Commercial Districts — Professional Business District (B-1) — Local Business District (B-2) — Historical Business District (HB) — Small Convenience Center District (SCC) — Large Convenience Center District (LCC) — Central Business District (CBD) — General Commercial District (GC) — Regional Development District (RD) — Airport Support District (AS) Industrial Districts — Light Industrial District (M-1) — Heavy Industrial District (M-2) District Overlays — Airport Safety Overlay (ASO) — Floodplain Overlay (FO) — Greenway Overlay (GO) — Institutional Overlay (10) — Master Planned Development Overlay (PD) (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 1, 2001: Ord. 2947 § 1 (part), 1986). 15.03.020 District and map overlay intent statements. The district intent statements define the specific purpose of each district and/or zoning map overlay. They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the administrative official interpret the standards and provisions. A. Suburban Residential District (SR). The intent of the suburban residential district is to provide a variety of residential lifestyles with densities generally ranging from one unit per five net residential acres to seven units per net residential acre. The higher density is reviewed and considered to be permitted when a public water system and the regional sewer system are available, or if these utilities are not available, community water and sewer systems may be allowed after review by Yakima County health district and the city of Yakima. (See YMC Chapter 15.05, Table 5-1.) This district is further intended to: 1. Limit residential density to one unit per five net residential acres in areas where flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 2. Maintain surface and groundwater quality along with the avoidance of potential health hazards, by limiting residential density to one unit per five net residential acres, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 3. Provide the opportunity for suburban residential development, up to three dwelling units per net residential acre, in areas with either public water service or a community sewer system; and 4. Allow residential development to seven dwelling units per net residential acre in areas with both public water service and sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low-density residential development, and clusters of higher -density residential development. The minimum lot size in the district varies according to the suitability of the land for development and the provision of urban level services. See YMC 15.05.030(E). B. Single -Family Residential District (R-1). The single-family residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the subdivision process; 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. C. Two -Family Residential District (R-2). The purpose of the two-family residential district is to: 1. Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district; and 2. Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. The district is characterized by up to sixty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1. D. Multifamily Residential District (R-3). The multi -family residential district is intended to: 1. Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; 2. Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; 3. Locate high-density residential development near neighborhood shopping facilities; and 4. Locate high-density residential development so that traffic generated by the development does not pass through lower -density residential areas. The district contains a variety of attached or clustered multifamily dwellings. E. Professional Business District (B-1). The professional business district is intended to: 1. Establish and preserve areas for professional offices; 2. Provide a buffer between commercial clusters and residential neighborhoods; and 3. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are the primary uses in the district. Generally, the professional business district contains smaller lot or parcel sizes. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site. Sitescreening requirements have been established to soften the visual impact of large buildings and parking Tots and to minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high-density residential development and office uses. F. Local Business District (B-2). The purpose of the local business district is to: 1. Provide areas for commercial activities that meet the small retail shopping and service needs of the community; and 2. Accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. G. Historical Business District (HB). The purpose of the historical business district is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to allow structural expansion, or expansion of the use onto adjoining Tots. It is further intended that this district is not to serve as a small convenience center (SCC). Examples of HB uses are: taverns, small grocery stores, Laundromats, and other businesses serving the immediate residential neighborhood around this district. This zoning district is not intended to be allowed to be further expanded or formed. H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. I. Large Convenience Center (LCC). The purpose and intent of the large convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet the retail shopping and service needs of the community; and 2. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses are coordinated in a manner around a common parking lot and usually with two major commercial approach driveways. Large convenience centers serve the shopping and service needs of multiple surrounding neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary occupants usually being such uses as multiple -tenant shopping, restaurants, office complexes, and multi mixed -uses. J. Airport Support District (AS). The purpose of the airport support district is to accommodate airport and aircraft related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of development is directly related to airport and/or aircraft related uses. K. General Commercial District (GC). The purpose of the general commercial district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near and along the major arterials as designated in the Yakima urban area comprehensive plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. L. Central Business District (CBD). The purpose of the central business district is to preserve the business district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, and large multiple mixed uses. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. N. Light Industrial District (M-1). The intent of the Tight industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and the railroad for light industrial uses; 2. Direct truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between uses in the Tight industrial district and surrounding land uses. The Tight industrial district provides areas for Tight manufacturing, processing, research, wholesale trade, storage, and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor, or fumes that would constitute a nuisance or hazard. 0. Heavy Industrial District (M-2). The intent of the heavy industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and railroads for heavy industrial uses; 2. Direct heavy truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between heavy industrial uses and surrounding land uses. The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing, and distribution and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor, fumes, or smoke that require their protection from encroachment by incompatible land uses. P. Airport Overlay (AO). The airport overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field from airspace obstructions or hazards and incompatible land uses. In addition to the regulations of the principal use district, the airport overlay includes provisions for: 1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future commercial and industrial development; and 2. Assuring that land uses, locating near the airport, are compatible with noise, height obstruction and other impacts from the airport operation. Q. Floodplain Overlay (FO). The purpose of the floodplain overlay is to: 1. Protect natural drainage system associated with floodways and floodplains; 2. Ensure that new development will not affect the flood elevations in surrounding areas; 3. Ensure adequate protection of life, health, and property from flood events; 4. Control development located within the 100 -year floodplain unless it is possible to mitigate; 5. Ensure development is restricted within the floodway unless it is water dependent; 6. Emphasize FEMA standards in planning for flood prevention and damage reduction; 7. Comply with the city of Yakima's shoreline master program; 8. Minimize the expenditure of public money for flood -control projects; 9. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken with public money; 10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and streets; 11. Protect river, creek, and stream channels from encroachment so that flood heights and flood damage will not be appreciably increased; 12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that property is in an area of special flood hazards; 13. Ensure that property owners who occupy flood hazard areas have adequate information when they apply for development changes to their property so the property owner can assess the results of their development actions; 14. Continue to implement the National Flood Insurance Program; and 15. Use and enforce the building code to help minimize losses due to flooding. R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by the State Legislature with the creation of the Washington State Yakima River Conservation Area. The greenway corridor is classified into natural, conservation, and recreation areas. Each greenway corridor area may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat landings, parks, playgrounds, campgrounds, and group camps. Many of the greenway facilities, such as trails, have been constructed on the top of existing dikes and levees. The greenway provides access for levee maintenance and repair and to be responsible for damage to trails caused by flooding. In addition to the provisions of the principal use district, the purpose of the greenway overlay is to: 1. Make the greenway more attractive and accessible to the public; 2. Assure development conserves shoreline vegetation and controls erosion; 3. Implement the Yakima County/city shoreline master program and the Yakima River Regional Greenway Plan; 4. Limit development to activities which are particularly dependent on a location in the greenway; 5. Preserve and protect the fragile natural resources and culturally significant features along the greenway; 6. Increase public access to publicly owned areas of the greenway where increased use is desirable; 7. Protect public and private properties from the adverse effects of improper development in hazardous shoreline areas; and 8. Give preference to uses creating long-term over short-term benefits. S. Master Planned Development Overlay (PD). The master planned development overlay is intended to allow larger scale, mixed-use developments in selected areas of the city where certain development requirements may be adjusted as necessary to promote an integrated approach to planning and site design. The city finds that such developments require special review and conditioning to ensure that adjacent areas are preserved and protected. (YMC Chapter 15.28.) T. Institutional Overlay (10). The institutional overlay is intended to allow designated community institutions that are valuable and necessary to the community, but which are located adjacent to or within residential zones. The city finds that these institutions require special review and conditioning to ensure that adjacent residential areas are preserved and protected. (YMC Chapter 15.31.) The institutional overlay includes provisions to: 1. Make the institution more compatible and accessible to the public; 2. Assure development has the ability for future expansion; 3. Provide increased protection such as increased buffers as the institution locates closer to residential districts, especially R-1; and 4. Utilize the goals and policies of the Yakima urban area comprehensive plan. (Ord. 2011-52 § 2 (part), 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 2, 2001; Ord. 95-13 §§ 1, 2, 1995; Ord. 3019 § 11, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.03.030). 15.03.030 Map of zoning districts and overlays. A. Adoption, Changes, Filing, and Replacement. 1. The zoning districts established by this title are defined as shown on the official zoning map for the Yakima urban growth area. The official zoning map, together with all the explanatory material thereon, is adopted by reference and declared to be a part. In addition, any adopted overlay shall be displayed on the zoning map as identified by the adopted ordinance. 2. The official zoning map for the unincorporated portion of the Yakima urban growth area shall be maintained in the Yakima County planning division. The city of Yakima department of community and economic development shall maintain the official zoning map for that portion of the Yakima urban area within the Yakima city limits. 3. Each official zoning map shall be identified by the adopted ordinance of the appropriate jurisdiction and the date of adoption. The official zoning map maintained by the county/city shall be the final authority as to the current zoning status of land. 4. Any changes in the district boundaries established by this title shall be made in accordance with the provisions. The official zoning map shall be promptly changed after the amendment has been approved by the respective legislative body. 5. No changes of any kind shall be made on the official zoning map except in conformance with the procedures. Any unauthorized change by any person(s) shall be considered a violation and punishable as provided under YMC Chapter 15.25. 6. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the legislative body may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. B. Basis for Mapping the Floodplain Overlay Area, Warning and Disclaimer of Liability. The floodplain overlay shall be that area within the one -hundred -year floodplain shown on the federal flood insurance rate maps (FIRM) for the city and county. The Federal Emergency Management Agency (FEMA) periodically updates these maps. (Ord. 2011-52 § 2 (part), 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.03.040). 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 parks. 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. 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 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). (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 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Agricultural Building (*) 1 1 1 1 Agricultural Chemical Sales/Storage 1 1 1 Agricultural Market (*) 1 1 1 1 1 1 1 1 Agricultural Stand (*) 1 1 1 Agricultural Related Industries (*) 2 1 1 1 Animal Husbandry (See YMC 15.09.070) (*) 1 2 1 1 Concentrated Feeding Operation (*) 3 Floriculture, Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Winery and Brewery—Basic (*) 3 3 1 2 Resort/Destination w/on-site agricultural production (*) 2 3 3 3 3 3 3 Resort/Destination (*) 2 3 3 1 1 1 3 Retail (*) 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park (Permanent) (*) 3 3 3 1 3 Bowling Alleys 2 2 2 1 1 2 3 Campground (*) 3 2 Children's Outdoor Recreation Center* (More than 500 ft. from abutting residential and not containing a go-cart track) 2 Children's Outdoor Recreation Center* (Less than 500 ft. from abutting residential and/or containing a go-cart track) 3 Drive in Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 1 1 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms (*) 3 2 1 2 2 2 Golf Courses, Clubhouses, Gotf Driving Ranges 3 3 3 3 Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 Parks (*) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sports Facility (indoor) 2 2 1 2 1 2 Social Card Rooms (See YMC 15 09.090) (*) 3 3 3 3 State Fair Park (See YMC 15 04.200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 1 3 Funeral Home not associated with Cemetery/Crematonum 3 2 2 2 1 1 1 2 2 Churches, Synagogues, and Temples (*) 2 2 2 2 2 2 2 2 1 1 2 2 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Community Center (*) Meeting Halls, Fratemal Organizations 2 2 2 2 2 2 2 2 2 1 1 2 Community Gardens (*) (if accessory to an approved principal use) (See YMC 15.04.060(G)) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Community Gardens (*) (with planting area of one-quarter acre or less) 1 1 1 1 1 1 1 1 1 1 1 1 Community Gardens (*) (with planting area of more than one-quarter and up to one- half acre) 2 2 2 2 2 2 2 2 2 1 2 2 Community Gardens (*) (with planting area of more than one-half acre up to one acre) 2 2 2 2 2 2 2 2 2 2 2 2 Daycare Facilities (not home occupation): Family In-Home (*) 1 2 2 2 2 2 2 2 1 1 1 Daycare Center (*) 2 2 2 2 1 1 2 1 1 1 1 2 1 Public Facility (*) 3 3 3 3 2 2 2 2 1 1 1 1 1 1 Hospital (*) Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools (*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College/University—Inside Institutional Overlay (See YMC Chapter 1531) Community College/University—Outside Institutional Overlay 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Vocational Schools (*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield (*) 3 3 3 Zoo (*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1 Treatment Centers for Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 Mission (*) (with Type (3) review, and development agreement—see definition) 2 2 2 MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 1 1 Apparel and Accessories 3 2 2 1 1 Bakery Products (wholesale) 2 2 2 2 2 1 1 Beverage Industry (*) 2 2 2 1 1 Canning, Preserving and Packaging Fruits, Vegetables, and Other Foods 3 1 1 SR R-1 R-2 R-3 13-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural, Wood, etc.) 3 1 Concrete, Gypsum and Plaster Products 2 1 1 Confectionery and Related Products (wholesale) 2 2 2 1 1 2 1 1 Cutlery, Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 1 1 Electrical Transmission and Distribution Equipment 1 2 3 1 1 Electronic Components and Accessories and Product Assembly 1 2 2 3 1 1 Engineering, Medical, Optical, Dental, Scientific Instruments and Product Assembly 1 2 1 1 Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 1 1 Fumiture 2 3 2 1 1 Glass, Pottery, and Related Products and Assembly 2 2 2 1 1 Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 1 Leather Products 3 1 1 1 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Meat, Poultry and Dairy Products 1 1 Paints, Vamishes, Lacquers, Enamels and Allied Products 3 1 Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and Containers 1 1 1 Printing, Publishing and Binding 1 3 2 1 1 Printing Trade (service industries) 2 2 2 1 1 2 1 Recycling Processing Center (*) 3 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly (*) 2 1 1 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes finishing of monuments for retail sale) 2 1 2 2 3 1 1 Transportation Equipment, Including Trailers and Campers 1 1 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Woodworking: Cabinets, Shelves, etc. 3 1 2 2 1 1 MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock Crushing 3 3 1 Mining Including Sand and Gravel Pits (*) 3 3 1 3 Stockpiling of Earthen Materials (*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off -Site Hazardous Waste Treatment and Storage Facilities (*) 3 3 RESIDENTIAL Accessory Uses (*) See YMC 15.04.060 Detached Single -Family Dwelling (*) 1 1 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit (*) (See YMC 15 09_045) 2 2 Existing or New Detached Single -Family Dwelling on Existing Lots of 8,000 Square Feet or Less 1 1 1 Detached Single -Family Dwelling (zero lot line) (*) (See YMC 15.09 040) 2 2 2 2 3 3 1 3 3 3 3 Attached Single -Family Dwelling, Common Wall (*) 2 2 1 1 3 3 1 2 2 2 2 Two -Family Dwelling (Duplex) (*) 3 3 1 1 2 2 1 2 2 2 2 Converted Dwelling (*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling (*): 0-7 DU/NRA 2 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 3 1 2 2 2 2 2 2 2 Mixed -Use Building 1 1 1 1 1 1 1 Planned Development (*) See YMC 15.28 Mobile Home Parks (*) 2 I 2 I 2 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04 160 Retirement Homes (*) 2 3 1 3 1 1 Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2 RETAIL TRADE, AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Ciinic/HospitalNeterinarian (*) 3 2 2 2 1 2 1 1 1 Auction House for Goods (*) 3 2 2 2 1 1 2 1 1 Auction House for Livestock (*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreational Vehicle (RV) Sales 1 1 1 Automotive: Car Wash/Detailing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 2 1 1 1 2 SR R-1 R-2 R-3 13-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Parts and Accessories (tires, batteries, etc.) 2 1 1 1 1 2 1 2 Towing Services 1 3 1 1 Wrecking and Dismantling Yard (*) and Hulk Haulers (*) 3 1 Bail Bonds 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn (*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services (*) 2 1 2 1 1 1 1 1 2 Communication Towers (*) (See YMC Chapter 15.29) Convenience Store—Closed 10:00 p.m. to 6:00 a.m. 1 2 1 1 1 1 1 1 2 Convenience Store—Open 10:00 p.m. to 6:00 a.m. 2 2 2 1 1 2 1 2 Pet Daycare/Animal Training (*) 2 1 1 1 2 1 1 2 Farm and Implements, Tools and Heavy Construction Equipment 1 2 3 1 1 Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Fumiture, Home Fumishings, 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 Tess (not otherwise regulated) (*) 2 1 1 1 1 1 1 1 3 General Retail Sales greater than 12,000 sq. ft. (not otherwise regulated) (*) 2 1 1 1 1 1 1 3 Heating and Plumbing and Electrical Equipment Stores 2 2 1 1 1 1 1 Heavy Equipment Storage, Maintenance and Repair 1 1 1 Kennels (*) 2 2 2 Laundries, Laundromats and Dry Cleaning Plants 2 2 1 1 1 1 2 1 Liquor Stores 2 2 1 1 1 1 Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Lumber Yards 2 1 1 1 1 Massage Therapy/Spa (*) 1 1 1 1 1 1 1 1 1 Mobile Vendor See YMC Ch. 5.57 Motels and Hotels 2 1 1 1 1 1 Night Clubs/Dance Establishments 2 1 1 1 1 1 Nursery (*) 2 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 2 Office Contractor Building and Trade (Plumbing, Heating, Electrical, and Painting) 3 1 1 1 1 1 1 1 1 1 Outdoor Advertising (Billboards) See YMC 15 08.130 Pawn Broker 2 1 1 1 2 1 Radio/TV Studio 3 2 2 1 1 1 1 2 Recycling Drop -Off Center (*) 1 2 2 1 1 1 1 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 2 1 2 1 2 2 1 2 Rental: Heavy Equipment (except automotive) with Storage 1 1 Rental: Heavy Equipment (except automotive) without Storage 1 2 3 2 Repairs: Small Appliances, TVs, Business Machines, Watches, etc. 1 2 1 1 1 1 2 1 1 Repairs: Reupholstery and Furniture 1 1 1 1 1 1 1 1 Repairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant (*) 2 1 1 1 1 1 1 1 1 Seamstress, Tailor 1 1 1 1 1 1 1 1 Service Station (*) Closed Between 10:00 p.m. and 6:00 a.m. (*) 2 1 1 1 1 1 1 1 Service Station (*) Open Between 10:00 p.m. and 6:00 a.m. (*) 3 2 2 1 1 2 1 2 Shooting Ranges (indoor) 3 3 3 3 1 Signs, Printed, Painted or Carved 2 2 1 1 2 1 1 Tavems (*) and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales (*) 2 1 2 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 Truck (Large), Manufactured Home and Travel Trailer Sales 1 3 1 Waste Material Processing and Junk Handling (*) 3 1 TRANSPORTATION Bus Terminals _ T 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage (*) Offices, with Truck Parking 2 2 1 1 Contract Truck Hauling, Rental of Trucks with Drivers 1 1 Air, Rail, Truck Terminals (for short-term storage, office, etc.) 1 2 1 1 Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 Taxicab Terminals, Maintenance and Dispatching Centers, etc. 3 3 1 Airport Landing Field 1 Airport Operations (*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE—STORAGE Warehouses (*) 3 1 2 2 1 1 Wholesale Trade (*) 2 1 1 2 1 1 1 (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. 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 RCW Chapter 70.105. C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. D. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions (see definitions of "kennel" and "animal husbandry"): 1. They are domesticated animals kept for pleasure or as a hobby rather than utility, including, but not limited to, fish; birds; dogs, four; cats, six; hen chickens (no roosters), fewer than five; and rabbits, fewer than five; 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner; 4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or more feet from any residence or property line, and five feet from other structures including decks; 5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of a residential lot; 6. For chickens and rabbits, adequate fencing shall be installed to contain the animals within the backyard; 7. The other provisions of the YMC for animals are followed. E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a place used by the public. F. Cargo Containers. 1. Not Permitted. Cargo containers shall not be used for storage or other use within the residential, B-1, or B-2 zoning districts for more than two consecutive weeks at a time. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Storage Facilities, Bulk (*) 1 2 1 1 Storage Facilities Commercial 3 1 2 3 1 1 (*) Residential Mini -Storage (*) 3 3 1 2 3 1 1 * Refers to a definition in YMC Chapter x = Not Permitted 15.02. 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. 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. 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 RCW Chapter 70.105. C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. D. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions (see definitions of "kennel" and "animal husbandry"): 1. They are domesticated animals kept for pleasure or as a hobby rather than utility, including, but not limited to, fish; birds; dogs, four; cats, six; hen chickens (no roosters), fewer than five; and rabbits, fewer than five; 2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood; 3. Such animals are properly fed, watered and kept in a humane manner; 4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or more feet from any residence or property line, and five feet from other structures including decks; 5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of a residential lot; 6. For chickens and rabbits, adequate fencing shall be installed to contain the animals within the backyard; 7. The other provisions of the YMC for animals are followed. E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a place used by the public. F. Cargo Containers. 1. Not Permitted. Cargo containers shall not be used for storage or other use within the residential, B-1, or B-2 zoning districts for more than two consecutive weeks at a time. 2. Permitted. Cargo containers and/or semi -truck trailers are allowed as an accessory use to a permitted business in the SCC, LCC, AS, GC, RD, M-1 and M-2 zoning districts. a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located within a designated loading dock or loading bay shall be located no Tess than fifty feet from any existing residential zoning district. G. Community Gardens. Community gardens (accessory to an approved principal use) are considered an accessory use to a principal use in all zoning districts; provided, the garden is clearly secondary to, supportive of, and compatible with the principal use with regard to size and use. The land use classification and review requirements of an accessory community garden shall follow the Type (1) review requirements of YMC 15.13, and shall otherwise comply with all other provisions of the Yakima Municipal Code, and International Fire and Building Codes. (Ord. 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 and floodplain overlay. The airport safety overlay is established separately pursuant to YMC Chapter 15.30, and is 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 an overlay unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). 2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay shall be subject to Type (3) review. C. Specific Development Standards for Overlays. See YMC 15.09.020. (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; and 2. Financial institutions or 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. 2008-46 § 1 (part), 2008: Ord. 93-81 § 18, 1993. Formerly 15.04.055). 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. 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. 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. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.080). 15.04.120 Home occupations. A. Purpose. The conduct of a business within a dwelling may be permitted in the residential districts under the provisions of this section. It is the intent of this section to: 1. Ensure the compatibility of home occupations with other uses permitted in the residential districts; and 2. Maintain and preserve the character of residential neighborhoods; and 3. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses. B. Table of Permitted Home Occupations. Table 4-2 titled "Permitted Home Occupations" is incorporated as a part of this section. Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection G of this section. Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast* 1 2 1 1 Business administration 1 1 1 1 Cabinet, mill work, carpentry work 2 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 , 2 2 2 Composer 1 1 1 1 Day care, family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Food preparation* 1 2 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1-5 students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 1 1 C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s); 2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3. There are no external alterations to the building which change its character from a dwelling; 4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 5. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors; 6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single-family home without a home business; 7. There is no outside storage or display of any kind related to the home occupation; 8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use; 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. Zoning District SR R-1 R-2 R-3 B-1 Locksmith 1 2 2 1 1 Photographer (not including productions studio) 1 2 2 2 Physician 1 2 2 2 Product assemblage* 1 2 2 2 1 Massage therapy/spa* 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line equipment 1 2 2 2 Radio, television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Small engine repair 2 Wedding service 2 2 2 2 2 Unclassified home occupation See YMC 15.04.120(G) NOTES: * Refers to definition in YMC Chapter 15.02 Official Required the Hearing Examiner Required 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative 3 = Type (3) Review Public Hearing and Approval by x = Not Permitted C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s); 2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3. There are no external alterations to the building which change its character from a dwelling; 4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 5. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors; 6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single-family home without a home business; 7. There is no outside storage or display of any kind related to the home occupation; 8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use; 10. The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood; 11. A business license is purchased where required; 12. The home occupation is conducted only by immediate family members residing in the dwelling; 13. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment. In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title. D. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards: 1. All equipment, materials, or goods shall be stored completely within the space designated for home occupation activities and not visible from the public right-of-way. 2. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building. 3. All flammable or combustible compounds, products, or materials shall be maintained and utilized in compliance with fire code. 4. The frequency of home deliveries should be comparable to that of a single-family home without a home occupation associated with the residence. 5. A home occupation permit application (including a site plan) shall be supplied to and approved by the City of Yakima Planning Division prior to operation of any home occupation. E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated. F. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations. G. Unclassified Home Occupation—Review by the Hearing Examiner. Home occupations not listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions of YMC Chapter 15.22; provided, any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use. H. Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations: 1. Auto repair; 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary clinic or hospital; 5. Painting of vehicles, trailers or boats; 6. Large appliance repair including stoves, refrigerators, washers and dryers; 7. Upholstering; 8. Machine and sheet metal shops; 9. Martial arts school; 10. Taxidermist; 11. Two-way radio and mobile telephone system sales and service; 12. Vehicle sign painting (except for the application of decals); 13. Firearm sales and/or gunsmith. 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 fail to establish compliance with the provisions of this chapter. When any application is denied, the administrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based. J. Parking. The administrative official shall determine parking requirements for home occupations, as provided by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter 15.06. (Ord. 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. 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 department 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. 2008-46 § 1 (part), 2008: Ord. 3019 § 18, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.04.110). 15.04.150 Standards for mobile/manufactured home parks. A. Purpose. The purpose of this section is to establish standards and criteria for development and expansion of mobile/manufactured home parks within the urban area. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home parks and to ensure the general health, welfare and safety of the occupants of mobile/manufactured homes that may be located within a park 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 parks 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 shall be shown on the site plan; 5. Streets shall be shown on the site plan; 6. Signage for the park and directional signage shall be shown on the site plan; 7. The location of all solid waste containers and screening of containers shall be shown on the site plan; 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 parks shall be developed in compliance with the underlying zoning district and shall be in compliance with this section. The density of a park or park 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 in the park. 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 park, exclusive of streets, shall meet the lot size, lot width and all other standards for detached single-family dwellings, as shown on Table 5-2 of this title. Space size may be reduced with the provision of improvements in accordance with the following: a. Provision of Recreational Areas. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of a developed recreational area for use by the residents. The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park area. b. Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least one side of each street and all recreational areas. c. Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may be reduced by a maximum often percent with the provision of curbs, gutters and sidewalks on both sides of the street. d. Cumulative Space Size Reduction. Space size may be reduced up to twenty percent with the provision of any combination of items in subsections (C)(1)(a) through (c) of this section. 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. Two paved off-street parking spaces 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 park. 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. 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. Perimeter Sitescreening and Landscaping. The perimeter of a park shall be sitescreened with a six -foot -high, view -obscuring fence and shall include at a minimum a ten -foot -wide landscape strip adjacent to the fence and within the park consisting of a combination of shrubs, trees and groundcover. 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. Play Area Requirement. Each unit shall provide a play area for children contained within the unit's space, consisting of a minimum size of six hundred square feet and a minimum width of fifteen feet. D. Expansion of Existing Mobile/Manufactured Home Parks. All standards of this section shall apply to expansion of existing mobile home parks. The standards shall not apply to existing areas of a park 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 park if expansion plans also include improvements to the existing park 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 park 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 park may be accomplished under the planned development provisions of this title. (See YMC Chapter 15.28.) (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" 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 Tots 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. 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 shalt 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. Table 4-3. Review Requirements for Mobile/Manufactured Homes Previously Titled (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. 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. 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 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 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) x = Not Permitted (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. 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. 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 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; Parties/socials; Church groups; Picnics; Clinics; Political fundraisers; Conferences; Professional/vocational education; Dance classes; Recreation/leisure classes; Day camps; Self-improvement; Emergency services; Service club fundraisers; Family reunions; Training classes; Fashion apparel; Weddings/receptions; and Home improvement classes; Youth equestrian activities. Meetings/retreats; 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; Forestry; Amusement and entertainment; Interior design; Apparel; Medicine; Appliances; Outdoor sports; Consumer shows; Professional services; Electronics/communications; Public transportation; Environmental science; Sports products; Farm equipment; Tourism/leisure industries; and Food and hospitality; 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 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(C)(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(C)(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. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 3, 2005. Formerly 15.04.135). Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Sections: 15.05.010 Purpose. 15.05.020 Site design requirements and standards. 15.05.030 Creation of new Tots—Subdivision requirements. 15.05.040 Vision clearance. 15.05.050 Street right-of-way dedication. 15.05.055 New development improvement standards. 15.05.060 Administrative adjustment of certain basic development standards allowed. 15.05.010 Purpose. The purpose of this section is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. Some of these requirements are flexible and the administrative official or hearing examiner may adjust them under YMC Chapter 15.10. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.05.020 Site design requirements and standards. A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter and the requirements in Table 5-1 and Table 5-2 are established for all development in the zoning districts indicated. B. Development on Nonconforming Lots. Development on nonconforming Tots is governed by this section and YMC 15.19.040. Except as limited by this title, any permitted use may be allowed on any lot legally created prior to the adoption of this title. Such development and structures are subject to the following additional provisions: 1. Detached single-family dwellings erected on nonconforming lots must meet the following criteria: a. The setback dimensions of the structure conform to the regulations of this title; b. The lot has at least twenty feet of frontage on, or a minimum twenty -foot -wide access easement to, a public or private road; c. All other site design and development criteria other than the lot size requirements of Table 5-2 are met. 2. Zero lot line, common wall, or duplex development may be permitted on such lots in the R-2, R-3 and B-1 districts only if the conditions of subsection (B)(1) of this section are met. 3. Multifamily development may be permitted in the R-2, R-3, B-1, CBD and GC districts only if the criteria of subsection (B)(1) of this section are met. 4. Zero lot line, common wall, duplex or multifamily development is not allowed on such lots in the SR and R-1 zones unless such development is the replacement or reconstruction of a destroyed or damaged existing use, as defined in YMC Chapter 15.19. 5. Any permitted use or structure may be placed on a lot that is nonconforming as to width and/or lot area in the industrial and commercial districts, but only if the criteria of subsection (B)(1) of this section are met. C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The maximum lot coverage in each district is shown in Table 5-1. In the SR and R-1 districts, this standard is intended to protect the open character of each district, and ensure that land is available to accommodate septic tanks and drainfields. The intent in the R-2 and R-3 districts is to provide areas for landscaping and recreation. Maximum lot coverage requirements in the commercial districts are intended to promote development consistent with the character of the district, protect setbacks, and provide the opportunity to integrate open space and landscaping plans into the design and placement of the structure and off-street parking. D. Structure Setbacks. Are the minimum structure setbacks permitted in a particular zoning district with Type (1) review. In the residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners. In the commercial districts, building setbacks provide visual clearance along streets and areas for sitescreening and landscaping. Structure setbacks are required in the industrial districts to provide fire protection, emergency access, and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or located on or in an easement. The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the city/county subdivision ordinance. The standard structure setback in each district is shown in Table 5-1. E. Setbacks for Residential Accessory Structures. 1. Residential Accessory Structures Requiring a Building Permit. The minimum setback for residential accessory structures in the residential districts shall be at least five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard setback; provided, that the accessory structure(s) shall not encroach on a public easement and applicable street setbacks are observed. 2. Residential Accessory Structures Not Requiring a Building Permit. The minimum setback for a residential accessory structure in a residential district shall be at least five feet from all side and rear property lines, existing structures, and up to, but not within, the required front yard setback; provided, that the accessory structure shall not encroach on an easement. F. Maximum Building Height. Maximum building height is intended to maintain building heights compatible with the character and intent of the district. The maximum building height in each district is shown in Table 5-1. G. Fences and Walls—Standard Height. The following provisions shall govern the location and height of fences and walls: 1. In the front yard: fences and walls may be placed on or behind the property line. However, no fence or wall shall exceed four feet in height within the required front yard setback area. In residential districts, six feet shall be the maximum height in the front yard behind the required setback. See Figure 5-1, Typical Residential Fence Location. In commercial and industrial districts, eight feet shall be the maximum height in the front yard behind the required setback. 2. In the side yard and street side yard: fences and walls may be placed on or behind the property line. In residential districts, six feet shall be the maximum height; provided, that no six- foot street side yard fence shall extend past the front corner of the dwelling into the front yard or be located within the clear view triangle. See Figure 5-1, Typical Residential Fence Location. In the commercial and industrial districts, eight feet shall be the maximum height. Figure 5-1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). 3. In the rear yard: fences and walls may be placed on or behind the property line. In the residential districts six feet is the maximum fence or wall height in the rear yard; provided, that when the rear yard abuts a designated arterial, the maximum height shall be eight feet. Eight feet is the maximum rear yard fence height in the commercial and industrial districts. 4. Within the clear view triangle: no fence, hedge or wall, exceeding two and one-half feet in height, shall be placed in the clear view triangles established in YMC 15.05.040. 5. Fences over six feet in height: all fences over six feet in height shall meet the provisions of the International Building Code. 6. Fence height in combination with a retaining wall: no combination of a fence and retaining wall shall exceed a height of ten feet, measured from the lower elevation, except existing retaining walls at the time of the passage of this title will be allowed a three -and -one -half -foot fence above the retaining wall. H. Access Required. All new development shall have a minimum of twenty feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development; provided, the construction of single-family and two-family dwellings on existing legally established lots is exempt from the requirements of this section. I. Recreational Screen. A recreational screen is 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, ballfields, and playgrounds. The specific standard for screen height in Table 5-1 does not apply to recreational screening as established by this title. The height and materials for screens will be evaluated by the administrative official based on the need, safety requirements, and relationship to residential and commercial properties and streets. J. Sidewalk Requirement. Sidewalks on one side of the street are required with new construction (except single-family structures). A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Replacement of existing sidewalk is required only if existing sidewalk presents a safety hazard, except that for applications under the jurisdiction of the city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the provisions of this section to the extent of any conflict between such provisions. K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings, hotels/motels, boardinghouses, retirement homes, other residential uses, schools, and recreational facilities when all of the following provisions are met: 1. Setbacks. a. Front yard: The swimming pool, apron, and pump house meet the required front yard setback in Table 5-1. b. Side and rear yard: The swimming pool and pump house are set back at least three feet from the property line. The swimming pool apron may extend up to the property line. c. From an easement: The swimming pool, apron, and pump house may extend up to, but shall not encroach upon, an easement. 2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height. L. Development within the State Fair Park. The following structures may be developed, maintained, altered, expanded, or erected within the State Fair Park without further zoning review provided such development is consistent with YMC 15.04.200(C), Allowable Uses, SEPA mitigation where required, the development standards of this code and other construction permit requirements: 1. Administrative and operational offices. 2. Auditoriums, meeting and exhibit halls. 3. Bars and drinking facilities. 4. Campgrounds. 5. Caretaker and/or employee residential quarters. 6. Equestrian facilities. 7. Exposition structures. 8. Grandstand facilities. 9. Libraries and museums. 10. Livestock barns. 11. Motorized sports facilities. 12. Parking facilities. (Ord. 2011-52 § 5, 2011: Ord. 2010-16 § 6, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 4, 2005; Ord. 2001-13 § 48, 2001; Ord. 95-36 § 3, 1995; Ord. 93-81 §§ 23- 25, 1993: Ord. 3106 §§ 11, 12, 1988; Ord. 3019 §§ 21-23, 1987; Ord. 2947 § 1 (part), 1986). 15.05.030 Creation of new lots—Subdivision requirements. A. Table of Subdivision Requirements. The provisions of this section and the requirements set forth in Table 5-2 are hereby established for all subdivisions in the zoning districts indicated. In the case of conflict between the text and tables, the text shall govern. Additional subdivision requirements are established in YMC Title 14. B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of dwelling units permitted per net residential acre is used to determine the maximum number of dwelling units permitted within a single subdivision, short subdivision, mobile home park, multifamily development, or planned residential development. This standard is intended to: 1. Assure that residential densities in new subdivisions, multifamily developments, or planned residential developments are compatible with the existing or planned level of public services and the density of the zoning district; 2. Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in accordance with YMC 15.09.030); and 3. Permit a variety of residential dwelling types within a development. The following formula shall be used to determine the maximum number of dwelling units permitted for any particular subdivision, short subdivision, mobile home park, multifamily development or planned residential development: THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in acres) — (the area of streets, rights-of-way, and access easements, in acres) X (the maximum number of dwelling units permitted per net residential acre). Any fraction of a dwelling unit shall be rounded up to the next whole number if one-half or over or down to the next whole number if less than one-half. Once approved under the provisions of this title, no subdivision, resubdivision, or short subdivision shall be further modified or divided in a manner that will raise the density of the subdivision beyond the maximum number of dwelling units permitted per net residential acre by Table 5-2; provided, that development exceeding the maximum number of dwelling units per net residential acre may be allowed in the R-1 and R-2 districts as a Class (3) use in accordance with Table 4-1. This higher -density development shall be allowed only on those limited occasions when, after Class (3) review, the hearing examiner finds that the location and site plan of the project is such that the higher density would be compatible with neighboring land uses and the level of public services, and is consistent with the goals and objectives in the Yakima urban area comprehensive plan. The application of this provision shall not prohibit the subdivision of land already developed with more dwelling units than would be permitted by this section when: 1. The lots created meet the lot size and lot width requirements established in Table 5-2; 2. The existing structures meet the building area and setback requirements in Table 5-1; and 3. No new dwelling units are built. C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning district when land is subdivided, short platted, resubdivided, or when lot lines are adjusted. No lot shall be created that is smaller than the applicable minimum lot size standard established in Table 5- 2. 1. In residential districts, this standard is intended to maintain the residential character of the area and will vary by dwelling type, the suitability of the land for development, and the type of water and sewer system. The following are the minimum lot size requirements in the residential districts, except when the Yakima health district determines that a larger area is necessary for the safe installation of approved water supply and sewage disposal systems: Situation Required Minimum Lot Size In the floodplain, airport, and greenway overlay districts: One acre (provided the minimum lot size of the underlying zoning district shall apply, when, in the opinion of the reviewing official, the lot has a buildable area outside the overlay district and a plat restriction prohibits development on that portion of the lot within the overlay district). Individual water system and individual sewer system: One-half acre. Public or community water system and an individual sewer system: 14,500 square feet. Individual water system and the regional or an approved community sewer system: 9,600 square feet. Public or community water system and the regional or an approved community sewer system: See Table 5-2. 2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an increase in the maximum number of dwelling units per net residential acre established in subsection B of this section. Any Tots created for zero lot line, attached, and multifamily dwellings shall be so designated on the face of the plat or short plat. 3. In the local business district, the minimum lot size is intended to maintain the character of the district and provide adequate space for off-street parking and landscaping. 4. The minimum lot sizes in the small and large convenience center districts and industrial districts are intended to accommodate the large uses permitted in these districts and maintain vacant land in relatively large parcels that can be easily assembled when development is proposed. D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to control access to, rights-of-way. E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision which proposes a use or configuration of land or improvements requiring Class (2) or (3) review under this title shall, at or prior to the filing of such application, also file an application for such review under this title. Such application shall be heard by the hearing examiner concurrently with the subdivision application using the procedures for Class (3) review. Table 5-1. Design Requirements and Standards SITE DESIGN REQUIREMENTS AND STANDARDS ZONING DISTRICTS SR R- 1 R- 2 R- 3 HB 8- 1 8- 2 SCC LCC CBD GC AS RD M- 1 M-2 DEVELOPMENT ON EXISTING LOTS OR PARCELS See YMC 15.05.020 and 15.19.040 LOT COVERAGE 1 60% 80% 85% 90% 100% STANDARD STRUCTURE SETBACKS 650 (in feet) FRONT Arterials 2 60 40 Collector Arterials50 30 Local Access 2 r 45 Private Road 2 37.50 Private Access Easement 3 10 NOTES: 1. Landscaping may be required pursuant to YMC Ch. 15.06. 2. The setback is measured from the centerline of rights-of-way (or access easement, in the case of private roads). In the residential districts, the minimum front yard setback shall be twenty feet from the front property line and the minimum side yard setbacks shall be ten feet from the side property line abutting the right-of-way. 3. The setback is measured from the edge of the access easement. 4. Measured from abutting residential district. 5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch. 15.07. 6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback requirements from arterials, collectors, and local access streets, provided the required rear setbacks shall not be Tess than the required setbacks from the property line. (See also Note 3) 7. Zero lot line dwelling units are allowed a zero -foot setback from one side property line not abutting a right-of-way. (See YMC Ch. 15.09). Table 5-2. Subdivision Requirements Subdivision Requirements SIDE Arterials 2 50 40 R- 3 Collector Arterials 2 40 30 SCC LCC - Local Access 2 GC Private Road2 32.50 M-1 Private Access Easement 3, AIIey, or Property Line' 5 10 0 Minimum Lot Size (in square feet) �3) Residential District a 5 20 30 or 1/2 building height, whichever is greatest REAR 6 AIIey or Property Line 15 15 15 0 Residential District a 20 30 or 1/2 building height, whichever is greatest MAXIMUM BUILDING HEIGHT (in feet) 35 50 35 50 N/A 50L N/A STANDARD FENCE HEIGHT 6 See YMC 15.05.020(G) STANDARD SCREEN HEIGHT In Required Front Setbacks Not Permitted Behind Required Front Setbacks 15 NOTES: 1. Landscaping may be required pursuant to YMC Ch. 15.06. 2. The setback is measured from the centerline of rights-of-way (or access easement, in the case of private roads). In the residential districts, the minimum front yard setback shall be twenty feet from the front property line and the minimum side yard setbacks shall be ten feet from the side property line abutting the right-of-way. 3. The setback is measured from the edge of the access easement. 4. Measured from abutting residential district. 5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch. 15.07. 6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard setback requirements from arterials, collectors, and local access streets, provided the required rear setbacks shall not be Tess than the required setbacks from the property line. (See also Note 3) 7. Zero lot line dwelling units are allowed a zero -foot setback from one side property line not abutting a right-of-way. (See YMC Ch. 15.09). Table 5-2. Subdivision Requirements Subdivision Requirements Zoning Districts SR R- 1 R- 2 R- 3 HB B- 1 B- 2 SCC LCC CBD GC AS RD M-1 M-2 Maximum Number of Dwelling Units Permitted per Net Residential Acre See YMC Ch. 15.04, Table 4-1 Not Permitted Minimum Lot Size (in square feet) �3) Residential Uses See Definitions Detached S.F. Dwelling 6,000 6,000 Where Permitted S.F. Dwelling, 4 000 3 500 ' Subdivision Requirements in YMC Ch. 15.02 Zoning Districts SR R- 1 R- 2 R- 3 HB B- 1 B- 2 SCC LCC CBD GC AS RD M-1 M-2 Zero Lot Line) S.F. Dwelling, Common Wall Two - Family Dwelling 8,000 7,000 Multifamily Dwellings and PD— Residential Density May Not Exceed Maximum Number of Dwelling Units Permitted per Net Residential Acre Permitted Nonresidential Uses(5) 10,000 5,000 10,000 None 1/2 Acre Standard Lot Width(2) (in feet) ALL Except Common Wall Dwelling (Per Unit) 60 50 None 60 Common Wall Dwelling (Per Unit) 50 35 35 Where Permitted NOTES: 1. In the residential districts, these minimums apply when lots are served by a public or community water system and either the regional or approved community sewer system. 2. The lot width at the rear line of the required front yard shall not be less than fifty feet. (Note: this provision only applies to those districts with a minimum lot width of fifty feet or larger.) 3. One acre shall be the minimum lot size in residential districts within the floodplain and greenway overlays. 4. See special development standards for zero lot line development, YMC 15.09.040. 5. Lots created for utility purposes may be created below the minimum lot size listed in YMC Ch. 15.05, Table 5-2, as long as the lot is designated as "nonbuildable lot for utility purposes" on the face of the plat and the proposed lot is reviewed for compatibility. The lot must still meet the minimum lot width established in YMC Ch. 15.05, Table 5-2, and structures built on the lot must still meet the setback requirements in YMC Ch. 15.05, Table 5-1. (Ord. 2012-34 §§ 3, 4, 2012; Ord. 2011-52 § 6, 2011: Ord. 2010-16 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 5 (Alt A), 2001; Ord. 95-13 § 6, 1995; Ord. 3106 § 13, 1988; Ord. 3019 §§ 24, 25, 1987; Ord. 2947 § 1 (part), 1986). 15.05.040 Vision clearance. A. Intersections. All corner lots at unsignalized street intersections or railroads shall maintain, for safety vision purposes, a vision clearance triangle. The vision clearance triangle shall measure fifteen feet by one hundred twenty feet along the perpendicular lengths formed by three points including: 1. A point at the intersection of the extended curb lines or pavement edge/travel lanes; 2. A point measured one hundred twenty feet from the first point, forming a line along the adjacent perpendicular street curb line or pavement edge/travel lane; and 3. A point measured fifteen feet from the first point, forming a line. Nothing within the vision clearance triangle shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between the heights of two and one-half and ten feet above the centerline of grades of intersecting streets (and/or railroads) or the future intersection centerline where improvements are planned with the six-year road improvement program, on file in the city engineering division. (See Figure 5-2.) Figure 5-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). B. Driveway Curb Cuts or Alleys. This applies only to uses established under the terms of this title. A vision clearance triangle shall be maintained at all driveways, curbcuts, and intersections of an alley with a public street, for vision safety purposes. The vision clearance triangle shall measure fifteen feet along the perpendicular street curb lines, pavement edge, or travel lane of the public street and fifteen feet along the driveway or alley. The third side of the triangle shall be a straight line connecting the fifteen -foot sides described above. No sign or associated landscaping shall be placed within this triangle so as to materially impede vision between the heights of two and one-half and ten feet above the centerline grade of the streets. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 26, 1993; Ord. 3106 § 14, 1988: Ord. 2947 § 1 (part), 1986). 15.05.050 Street right-of-way dedication. All new development shall dedicate, where necessary, street right-of-way in conformance with the standards in the county/city subdivision ordinance and the arterial street plan adopted in the Yakima urban area comprehensive plan, except that for application under the jurisdiction of the city of Yakima, YMC Title 12 shall prevail over the provisions of this section to the extent of any conflict between such provisions. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-13 § 49, 2001: Ord. 2947 § 1 (part), 1986). 15.05.055 New development improvement standards. All development within the Yakima urban growth area (UGA) must meet the urban standards of the city of Yakima including the following. 1. Fire apparatus access roads for multiple -family residential developments and one- or two-family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least twenty feet wide, unobstructed, paved lanes. 2. In order to promote safety for emergency access and circulation within and between new developments, cul-de-sac streets (public or private) shall not exceed 600 feet. (Ord. 2012-34 § 5, 2012: Ord. 2008-46 § 1 (part), 2008). 15.05.060 Administrative adjustment of certain basic development standards allowed. Administrative adjustment of some of the basic development standards in this chapter are authorized under the zero lot line provisions of YMC Chapter 15.09 and 15.10. Except as allowed by those provisions, no reduction of these standards is permitted except pursuant to YMC Chapter 15.21. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.06 OFF-STREET PARKING AND LOADING Sections: 15.06.010 Purpose. 15.06.020 Off-street parking and loading spaces required. 15.06.030 General provisions. 15.06.040 Off-street parking standards. 15.06.050 Computation of required spaces. 15.06.060 Location of required spaces. 15.06.065 Driveway locations. 15.06.070 Schedule of minimum parking dimensions. 15.06.080 Site plan required. 15.06.090 Required landscaping of parking areas. 15.06.100 Lighting of parking lots. 15.06.110 Construction and maintenance. 15.06.120 Time of completion. 15.06.130 Off-street loading space required. 15.06.140 Nonconforming parking. 15.06.010 Purpose. The following parking standards are intended to establish adequate off-street parking, reduce on - street parking, increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.020 Off-street parking and loading spaces required. No off-street parking or loading spaces shall be placed, constructed, located, relocated or modified after adoption of this title without first receiving a development permit from the administrative official. All vehicle storage, off-street parking and loading spaces that are not a principal use are accessory uses and shall be subject to the same procedures and review requirements as the principal use. All off-street parking and vehicle storage spaces shall be provided in conformance with the provisions of this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 27, 1993: Ord. 2947 § 1 (part), 1986). 15.06.030 General provisions. A. The off-street parking and loading facilities required by this chapter shall be established prior to any change in the use of land or structures and/or prior to the occupancy of any new or enlarged structure. B. Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons, and employees. Required parking shall not be used for the storage of vehicles or materials; the parking of company or business vehicles used in conducting the business; or for the sale, repair or servicing of any vehicle. C. Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary use of the property is changed to a use requiring Tess off-street parking. D. The required front yard in the R-3 district shall not be used for off-street parking for four or more cars unless the three-foot strip nearest the front property line is landscaped and a two -foot -high concrete, masonry, or decorative block wall, wood fence, or solid landscaping screen is provided. (For corner Tots see YMC 15.05.040.) E. A parking circulation plan is required for parking lots and the associated vehicular travel ways for multifamily and nonresidential uses that have five or more required off-street parking spaces. The required off-street parking shall be designed in a manner that eliminates a need for backing and maneuvering from or onto streets, sidewalks, pedestrian ways, or bikeways in order to exit a property or maneuver out of parking spaces. Furthermore, the parking lot and associated travel ways shall be designed in a manner that provides for safe and adequate traffic flow. 1. Loading spaces and truck maneuvering areas shall be included in the parking circulation plan. 2. Drive-through lanes and related facilities shall be clearly shown on the parking circulation plan. 3. Driveway locations and specifications shall be shown on the parking circulation plan and are subject to review for safety and traffic flow. The location of the driveways shall conform to YMC 15.06.065. 4. The parking circulation plan is a site plan requirement. Recommendations regarding adequate circulation may be received from the traffic engineering staff, city engineering staff, fire department, and other reviewing agencies. Additional mitigation or redesign may be required if the proposed circulation pattern creates safety conflicts. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.040 Off-street parking standards. A. Table of Required Off -Street Parking. The parking standards in Table 6-1, Table of Off -Street Parking Standards, are established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off-street parking and loading spaces. Storage areas are included in gross floor area. However, the required off-street parking for storage areas shall be calculated at the rate of one space per five hundred square feet rather than the specific parking standard established in Table 6-1; except, when the parking standard for the principal use would require fewer parking spaces (i.e., one space per six hundred square feet.) All required off-street parking shall be subject to the procedures of this title and the standards of this section. B. Uses Not Specified. Off-street parking requirements for uses not specifically listed in Table 6-1 shall be determined by the reviewing official based upon the requirement for similar uses. Figure 6-1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). C. Downtown Business District Exempt. The downtown business district of Yakima, as shown in Figure 6-1 and hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required, except that this exemption shall not apply to property that is used for residential purposes; and further provided, that all the other requirements of this chapter shall apply to any parking provided by the applicant. Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) Agriculturally related industries 1 space for each employee based on the maximum working at any given shift; 1 space for each 300 square feet of gross floor area for packing and processing areas; or 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas, whichever is deemed more appropriate by the reviewing official AMUSEMENT AND RECREATION Game rooms, card rooms, electronic game rooms 1 space for each playing table, for every 3 seats or every 3 machines, whichever is greater Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench seating Bowling alleys 5 spaces for each lane Gymnasiums, exercise facilities 1 space for each 200 sq. ft. of gross floor area Parks (public or private) 10 spaces per acre for passive recreation; 20 spaces per field for active recreation Roller and/or ice skating rink 1 space for each 150 sq. ft. of skating surface area Swimming pools 1 space for each 50 sq. ft. of water surface area Movie theatres 1 space for each 4 seats Golf courses 5 spaces per green and 1 space per 300 sq. ft. of gross floor area Golf driving ranges 1 space per tee or 1 space per 15 feet of driving line, whichever is greatest Auditoriums, exhibition halls, community centers, fraternal organization 1 space for each 100 sq. ft. of gross floor area COMMUNITY SERVICES Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or 54" of bench -type seating) 1 space for each 40 sq. ft. of general reception/gathering area Community gardens* (accessory to an approved principal use) (See YMC 15.04.060(G)) None Community gardens* (with planting area of 0.25 acres or less) None Community gardens* (with planting area of more than 0.25 acres and up to 0.5 acres) 2 spaces Community gardens* (with planting area of more than 0.5 acres up to 1 acre) 4 spaces LAND USE PARKING STANDARDS Convalescent, nursing and group homes 1 space for each 2 beds Fire and police stations 1 space for each 200 sq. ft. of gross floor area Halfway houses (detention centers) 1 space for each 2 beds Hospitals 1.5 spaces for each bed Schools: Primary, Elementary Junior, Senior 3 spaces for each classroom, or 1 space for each 3 seats (54" bench-type seating) in the assembly area, whichever is greater Same as Primary/Elementary and 1 space for each 4 students over 16 years old Junior or community colleges 1 space for each 400 sq. ft. of gross floor area Juvenile detention centers 1.5 spaces for each bed Libraries 1 space for each 100 sq. ft. of gross floor area Museums, art galleries 1 space for each 100 sq. ft. of gross floor area Preschools, daycare centers 1 space for each employee plus 1 space for each 6 children Vocational and business schools 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) All uses listed under manufacturing in Table 4-1 1 space for each employee per maximum shift RESIDENTIAL Accessory dwelling units 1 space Single -family dwelling 2 spaces Two-family dwellings 4 spaces Multifamily dwellings 10 units or less More than 10 units 2 spaces per dwelling 1.5 spaces per dwelling Retirement homes 1 space for each dwelling unit RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services 1 space for each 300 sq. ft. of gross floor area Advertising agencies 1 space for each 300 sq. ft. of gross floor area r Automobile and truck, manufactured homes, travel trailer sales 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area Automotive: Automobile maintenance and service shops Car wash Car wash, self-service Paint and body repair Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays 6 spaces per wash bay 1 space for each 1,000 sq. ft. of gross floor area 2 spaces per service area including work bays 2 spaces per service area including work bays Wrecking and dismantling yards 1 space for each 500 sq. ft. of gross floor area Beauty and barber shops 1 space for each 75 sq. ft. of gross floor area Bed and breakfast inns 1.1 spaces for each guest room Building and contractors 1 space for each 800 sq. ft. of gross floor area Coffee restaurant/stand with or without drive-through 1 space for each 50 sq. ft. of public seating area, including outside seating and 1 space for each employee LAND USE PARKING STANDARDS Drug stores 1 space for each 200 sq. ft. of gross floor area Employment agencies (private) 1 space for each 200 sq. ft. of gross floor area Espresso/coffee stand with or without drive-through 1 space for each 50 sq. ft. of gross floor area, including outside seating, and one space for each employee Farm supplies 1 space for each 800 sq. ft. of gross floor area Florists 1 space for each 500 sq. ft. of gross floor area Financial institutions 1 space for each 200 sq. ft. of gross floor area Furniture, home furnishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas stations 1 space for each 300 sq. ft. of gross floor area Hardware stores 1 space for each 300 sq. ft. of G.F.A. of structure and permanent outside display sales area Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area Heavy equipment, tractor, and farm equipment repair 1 space for each 300 sq. ft. of gross floor area Home occupations See YMC 15.04.120(1) Household appliance, small engine, TV and furniture repair 1 space for each 300 sq. ft. of gross floor area Insurance agents, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area Liquor stores 1 space for each 300 sq. ft. of gross floor area Lumber yards 1 space for each 800 sq. ft. of gross floor area of structure and covered storage area Nurseries 1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside display and sales area Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and hotels 1.2 spaces for each guest room Multiple use centers (3 or more uses with shared parking) —having Tess than 25,000 sq. ft. of gross floor area —having 25,001-400,000 sq. ft. of gross floor area —having 400,001-600,000 sq. ft. of gross floor area —having 600,001+ sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area Real estate offices 1 space for each 200 sq. ft. of gross floor area Residential mini-storage 1 space for each 300 sq. ft. of gross floor area of office space Restaurant, cafe, and drive-in eating facilities 1 space for each 50 sq. ft. of indoor public floor area, and 1 space for each 200 sq. ft. of outdoor public eating area Retail service establishments in Table 4-1 but not listed in this table 1 space for each 300 sq. ft. of gross floor area LAND USE PARKING STANDARDS Retail trade establishments in Table 4-1 but not listed in this table —less than 25,000 sq. ft. of gross floor area —25,001-400,000 sq. ft. of gross floor area —400,001-600,000 sq. ft. of gross floor area —600,001+ sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area A Service stations 2 spaces for working/service area, including bays Shoe repair and shoe shops 1 space for each 300 sq. ft. of gross floor area Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area Waste material processing and junk handling 1 space for each 500 sq. ft. of gross floor area TRANSPORTATION Bus terminals, storage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area Air, rail and truck terminals 1 space for each 300 sq. ft. of gross floor area Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES Utility services 1 space for each 800 sq. ft. of gross floor area WHOLESALE TRADE Wholesale trade warehouses 1 space for each employee based on the maximum working at any given shift; or 1 space for each 300 square feet of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official Residential mini -storage See residential mini -storage under retail and service category How to Use Table 6-1: 1. Calculate the gross floor area for area.) 2. Determine the amount of gross floor 3. Required off-street parking for storage 4. Find the proposed use in Table 6-1. Example: — The gross floor area of the structure storage. The parking standard for storage 1,000 - 500 = 2 off-street parking spaces — The proposed use is a shoe shop. parking space for each 300 sq. ft. of fractions of parking spaces are rounded — The total required off-street parking the rest of the gross area) = 9 spaces. the structure. (See YMC 15.06.040 to determine gross floor area used for storage rooms. is one space per 500 square feet. is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for rooms is one space per 500 sq. ft. (YMC 15.06.040). for the storage area. According to Table 6-1, shoe shops require one off-street gross floor area. 2,000 - 300 = 6.6 or seven spaces, since up (YMC 15.06.050(A)). of this use is: 2 spaces (for storage area) + 7 spaces (for (Ord. 2014-030 § 5, 2014; Ord. 2011-52 § 7, 2011; Ord. 2010-16 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-22 §§ 1-3, 2001; Ord. 2001-14 §§ 1-3, 2001; Ord. 95-36 § 4, 1995; Ord. 93-81 § 28, 1993; Ord. 3106 § 15, 1988; Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986). 15.06.050 Computation of required spaces. The following rules shall apply in the determination of the number of required off-street parking spaces: A. Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such number shall be changed to the next higher whole number. B. Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses. C. Shared Uses. 1. Owners of two or more uses, structures, or parcels of land within three hundred feet of each other may share the same parking or loading areas when the hours of operation do not overlap. 2. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. 3. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated, or reserved between uses. (Also see YMC 15.06.060.) 4. A parking easement approved by the administrative official shall be filed with the county auditor whenever two or more uses propose to share off-street parking facilities. D. Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that each tandem space for single-family dwellings and duplexes shall be counted as a required parking space. E. Compact Car Parking. For parking areas with twenty or more required parking spaces, up to fifteen percent of the required number of off-street parking spaces may be designed for compact car parking. Compact spaces shall be no Tess than eight feet by seventeen feet and each space must be labeled individually with a durable pavement marking "Compact." (Ord. 2012-34 § 2, 2012; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 29, 1993; Ord. 3019 § 28, 1987; Ord. 2947 § 1 (part), 1986). 15.06.060 Location of required spaces. Off-street parking facilities shall be located according to the following: A. For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. B. For hospitals and convalescent, nursing or rest homes, parking facilities shall be located not more than one hundred fifty feet from the buildings they are required to serve unless they are part of an approved master plan or campus plan. C. For uses other than those specified above, parking facilities shall not be located over three hundred feet from the buildings they are required to serve unless they are part of an approved master plan or campus plan. D. Groups of three or more parking spaces shall be served by a driveway so that no vehicular backing/maneuvering movement will occur within a public right-of-way other than an alley. E. No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located in a residential zoning district. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.065 Driveway locations. All proposed or modified driveway approaches shall be shown on a general or detailed site plan. The driveway locations shall conform to the following standards: A. No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements; B. No driveway approach on a local access street may be located closer to the street intersection corner than thirty feet as measured from the property line at the corner; C. No driveway access to an arterial street shall be located within seventy-five feet (measured along the arterial) of any other such arterial street access on the same side of the street; D. No driveway access shall be allowed to an arterial street within seventy-five feet of the nearest right-of-way line of an unsignalized street intersection; E. Internal driveways shall be paved and be a minimum of twelve feet wide for one-way travel and twenty feet wide for two-way travel, or wider if required by the International Fire Code; F. Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be permitted within one hundred feet of a signalized intersection, as measured from the right- of-way line. Any driveway within two hundred feet of the right-of-way line of the intersection shall be restricted to right turns only; G. The construction of new driveway approaches from a public street or a modification of an existing driveway approach requires a construction permit pursuant to YMC Chapter 8.64 for the specifications of the driveway approach; H. Adjustments from this section may be approved if the modification is reasonable and necessary, and does not create an unsafe condition for motorists or pedestrians; and I. Existing driveways in violation of these standards at the time of adoption will not be deemed nonconforming, but redevelopment of the property requires any new or modified driveway to be consistent with these standards. (Ord. 2010-16 § 8, 2010: Ord. 2008-46 § 1 (part), 2008). 15.06.070 Schedule of minimum parking dimensions. Driveways and parking stalls shall conform to Table 6-2, which is hereby adopted as the schedule of minimum parking dimensions. (Refer to diagram below. All dimensions are based on a basic nine - foot -by -nineteen -foot stall.) Figure 6-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). Table 6-2. Standard Parking Lot Dimensions 1. Ninety -degree parking permits two-way driveway travel. If the angle is Tess than ninety degrees driveway travel shall be one-way. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 29, 1987; Ord. 2947 § 1 (part), 1986). 15.06.080 Site plan required. A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the administrative official prior to construction. The site plan shall comply with the provisions for general or detailed site plans in YMC 15.11.040 and 15.11.050 and shall also show the proposed development, locations, size, shape and design of the parking spaces, parking circulation plan, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed under the provisions of YMC 15.11.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.090 Required landscaping of parking areas. A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5-1. B. The planting area standard, where required, shall be a minimum of twenty-four square feet with the exception of raised planter boxes around buildings. C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. STALL WIDTH CURB LENGTH PER CAR STALL DEPTH MINIMUM DRIVEWAY WIDTHS LOT WIDTH: 1 ROW SQ. FT. LOT WIDTH: 2 ROWS SQ. FT. LOT WIDTH: 3 ROWS + 2 DRIVE- SQ. FT. LOT WIDTH: 4 ROWS + 2 SQ. FT. PARKING + 1 + 1 WAYS PER DRIVE - ANGLE DRIVE- DRIVE- CAR WAYS PER ALONG WAY WAY CAR CURB PER CAR PER CAR 0° 8' 23' 8' 12' 20' 46 28' 32 48' 36 56' 32 0 2 8 2 300 9' 18' 17'3" 11' 28'4" 51 45'6" 41 66'2" 39 83'6" 37 0 1 7 6 45° 9' 12'7" 19'8" 13' 32'10" 42 52'5" 33 79'0" 37 98'10" 31 0 6 6 5 60° 9' 10'4" 21'0" 18' 39'0" 40 60' 31 95'0" 33 116'0" 30 7 3 0 5 90° 9' 9' 19' 24' 43' 38 62' 27 105' 31 124' 27 7 9 5 9 1. Ninety -degree parking permits two-way driveway travel. If the angle is Tess than ninety degrees driveway travel shall be one-way. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 29, 1987; Ord. 2947 § 1 (part), 1986). 15.06.080 Site plan required. A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the administrative official prior to construction. The site plan shall comply with the provisions for general or detailed site plans in YMC 15.11.040 and 15.11.050 and shall also show the proposed development, locations, size, shape and design of the parking spaces, parking circulation plan, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed under the provisions of YMC 15.11.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.090 Required landscaping of parking areas. A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5-1. B. The planting area standard, where required, shall be a minimum of twenty-four square feet with the exception of raised planter boxes around buildings. C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. D. Landscaping may consist of a combination of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. E. Landscaping shall be located within the parking area, such as in-between parking spaces or in parking "islands," or around the perimeter of the parking lot. F. Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view -obscuring fence, landscaped berm, or compact evergreen hedge at least six feet in height. The administrative official may increase the height, depth, and content of said screening as necessary to adequately protect adjacent single-family residential development. The screening shall be provided and maintained along the property line of such lot. (Ord. 2010-16 § 9, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 30, 1993; Ord. 2947 § 1 (part), 1986). 15.06.100 Lighting of parking Tots. Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting properties. Parking lots adjacent to residential districts or uses shall be designed with down -shielding and luminaries creating no lighting pollution upon those properties. A photometric lighting plan may be required if the parking lot is located adjacent to or abutting residential properties. Further requirements and restrictions are required when the property is located within the airport safety overlay. (See YMC Chapter 15.30.) (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.110 Construction and maintenance. All off-street parking Tots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales Tots having a capacity of three or more vehicles shall be constructed in the following manner: A. Surfacing. Paved with two -inch -thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the administrative official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. B. Grading and Drainage. Graded and drained so all surface water is disposed of on-site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, which will require review by the city engineer or a designee. C. Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at least two feet from the street property line. The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. D. Markings. All parking spaces (except motor vehicles sales areas) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the administrative official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required, all accessible parking spaces shall be marked and signed in compliance with the currently adopted International Building Code. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and irrigation facilities in conformance with the standards of this chapter and the approved site plan. (Ord. 2010-16 § 10, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 31, 1993: Ord. 2947 § 1 (part), 1986). 15.06.120 Time of completion. All parking required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible, the administrative official may grant an appropriate delay under the provisions of YMC 15.12.070(D). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.130 Off-street loading space required. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. (See YMC 15.06.030.) A. Loading Space Size. The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off- street loading space shall have the minimum dimensions of twelve feet in width and twenty-five feet in length. On-site maneuvering space of not less than fifty-two feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off- street parking. B. Loading Space Location. Required off-street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of-way of any public or private road. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.140 Nonconforming parking. A. Any use which, on the effective date of the ordinance codified in this section or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming; however, the number of existing off-street parking spaces shall not be reduced. B. When an existing structure with nonconforming parking is expanded and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this chapter; however, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this chapter. C. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in Table 4-1, the nonconformity shall cease and the new use shall provide all the required off-street parking in accordance with the provisions of this chapter. However, this requirement may be waived by the administrative official for existing buildings and/or lots within the CBD or GC zoning districts, containing insufficient area to provide parking, provided the following factors are taken into consideration: 1. New use has similar parking requirements to the previously approved use; 2. The availability of on -street parking; 3. The availability of nearby off-street parking or other opportunities to conform to the parking standard, such as a shared parking agreement; and 4. Location of the business in proximity to the downtown business district exempt area (YMC 15.06.040(C)). (Ord. 2010-16 § 11, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.07 SITESCREENING Sections: 15.07.010 Purpose. 15.07.020 Sitescreening required. 15.07.030 Determination of sitescreening requirements. 15.07.040 Sitescreening standards. 15.07.050 Table of required sitescreening standards. 15.07.060 Sitescreening along streets. 15.07.070 Location. 15.07.080 Existing plant material. 15.07.090 Preparation of a sitescreening plan. 15.07.100 Time of completion. 15.07.110 Retention and maintenance. 15.07.010 Purpose. The purpose of this chapter is to: establish sitescreening standards to provide a visual buffer between uses of different intensity, streets and structures; reduce erosion and stormwater runoff; protect property values; and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, water runoff, buildings or parking areas. (Ord. 2008- 46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.020 Sitescreening required. Sitescreening shall be required along the property lines in accordance with the provisions of this chapter whenever any use, development, or modification to use or development is being reviewed under this title; provided, the construction of single-family residences or duplexes not part of a larger development is exempt from this chapter unless the site abuts a commercial zoned district. No sitescreening is required along a property line shared with a vacant parcel, except where a nonresidential use is developed upon a vacant parcel in the SR or R-1 zone. The provisions of this chapter also apply to the approval of any residential subdivisions and planned residential development. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.030 Determination of sitescreening requirements. The administrative official may adjust the sitescreening standards in this chapter by approving other sitescreening plans pursuant to the provisions of YMC 15.10.020 and 15.10.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.040 Sitescreening standards. A. Sitescreening requirements vary depending on the intensity of both the proposed use and abutting properties. Three different standards, A, B and C, are hereby established to accommodate the range of sitescreening needs. STANDARD A—A ten -foot -wide landscaped planting strip with trees at twenty -foot to thirty-foot centers, which includes shrubs and groundcover. STANDARD B—A three -foot -wide planting strip that will create a living evergreen screen that is at least six feet in height within three years. STANDARD C—A six -foot -high, view -obscuring fence, made of wood, masonry block, concrete, or slatted chain Zink material. A three -foot -wide planting strip landscaped with a combination of trees, shrubs and groundcover along the outside of the fence is also required when the fence is adjacent to a street, alley or pedestrian way. B. Provisions A, B and C are standards for the size of sitescreening area and the density and type of landscaping/planting. The developer may substitute a higher sitescreening standard, with standard C being higher than B, and B being higher than A. C. Other sitescreening plans that improve the site design and achieve the purpose of this section may also be approved by the administrative official in accordance with YMC Chapter 15.10. All sitescreening shall also conform to the provisions of YMC Chapter 15.05. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.050 Table of required sitescreening standards. Table 7-1 is hereby adopted as part of this chapter. The letter designation in this table refers to the sitescreening standards in YMC 15.07.040. Table 7-1 Required Sitescreening Between Uses and Development HOW TO USE TABLE 7-1: An empty space means sitescreening is generally not required. A, B, or C— Letters refer to the sitescreening standards in YMC 15.07.040. EXAMPLE: Proposed Use: Residential Mini -Storage Lowest Intensity District in which ADJACENT USE is a Class (1) Use Lowest Intensity Zoning District in which the PROPOSED LAND USE is a Class (1) Use LOWER F ZONING DISTRICT INTENSITY - HIGHER SR R-1 R-2 R-3 B-1 B-2 SCC LCC AS GC CBD RD M-1 M-2 SR A A C C C CCC C C C R-1 BCCCCCCCC CC C R-2 A B C BCC CCCC CC C R-3 A A A ABC C CCC CC C B-1 AB B A B B B-2 CC C B B B SCC CC C C B B LCC CC C C A B AS CC C C GC CC C C A B CBD CC C C A B RD CC C C C C M-1 CCCC BBB A A A C M-2 CCCCBBBB B B C HOW TO USE TABLE 7-1: An empty space means sitescreening is generally not required. A, B, or C— Letters refer to the sitescreening standards in YMC 15.07.040. EXAMPLE: Proposed Use: Residential Mini -Storage 1. Refer to Table 4-1 to find the lowest intensity zoning district in which the proposed use is permitted as a Class (1) use. For residential mini -storage this is M-1. Find this zoning district in Column 1 above. 2. Refer to Table 4-1 to find the lowest intensity zoning district in which each adjoining use is permitted as a Class (1) use. If adjoining use is not a Class (1) use in any district sitescreening, standard C is the required sitescreening standard along that property line. Adjoining Uses: North—Single-family dwellings—Lowest Intensity District Class (1) Use = SR South—Tavern—Lowest Intensity District Class (1) Use = LCC East—Employment Agency—Lowest Intensity District Class (1) Use = B-2 West—Vacant 3. Use Table 7-1 to find the recommended sitescreening to be provided by proposed use. The recommended level of sitescreening is the letter in the intersection of the district found in Step 1 with each district noted in Step 2. (In this example: SR = C; LCC = A; B-2 = B; Vacant = none. Refer to specific sitescreening standards in YMC 15.07.040. Prepare sitescreening plan. See YMC 15.07.040.) (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 30, 1987; Ord. 2947 § 1 (part), 1986). 15.07.060 Sitescreening along streets. Sitescreening standard A shall apply wherever sitescreening is required under Table 7-1 and the adjoining land use is separated from the proposed use or development by a collector or local access street. The administrative official may also require sitescreening standard A along an arterial when such action is consistent with the purpose of this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.070 Location. Generally, all required sitescreening shall: 1. Be located on the perimeter of a lot or parcel upon which the development occurs; 2. Extend from lot line to lot line; 3. Adhere to applicable setback standards of YMC Chapter 15.05; and 4. Not be located on any portion of a public or private street, dedicated right-of-way or vision clearance triangle. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.080 Existing plant material. Existing trees and other vegetation may be used for sitescreening if they are healthy and will satisfy the purpose of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.090 Preparation of a sitescreening plan. The administrative official may require a sitescreening plan showing the approximate location, height, size and type of all plantings and fences whenever sitescreening is required. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 31, 1987; Ord. 2947 § 1 (part), 1986). 15.07.100 Time of completion. All sitescreening required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible because of seasonal planting limitations, the administrative official shall grant an appropriate delay. However, no permanent certificate of occupancy shall be issued until all required sitescreening is completed. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.07.110 Retention and maintenance. All sitescreening shall be maintained in accordance with the purpose and intent of this chapter. It is the property owner's obligation and responsibility to maintain the sitescreening approved. In the event the sitescreening deteriorates or is not maintained in a condition consistent with plan approval, the appropriate jurisdiction may at its option cause necessary maintenance to be performed and assess the costs thereof to the property owner. These costs shall constitute a lien on the property from the date of filing a notice of lien in the office of the county auditor. The lien shall state the legal description of the property and the amount of costs assessed. Such lien may be foreclosed by the appropriate jurisdiction in the manner provided by law for the foreclosure of mortgages. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 32, 1987: Ord. 2947 § 1 (part), 1986). Chapter 15.08 SIGNS Sections: 15.08.010 Purpose. 15.08.020 Definitions. 15.08.030 Development permit required. 15.08.040 Nonregulated signs. 15.08.045 Fee exempt signs. 15.08.050 Prohibited signs. 15.08.055 Sign maintenance. 15.08.060 Sign standards. 15.08.070 General provisions. 15.08.080 Projection over right-of-way. 15.08.090 Roof signs. 15.08.100 Wall signs. 15.08.105 Fascia signs. 15.08.110 Temporary signs. 15.08.120 Directional signs. 15.08.130 Off -premises signs and billboards. 15.08.140 Multiple -building complexes and multiple -tenant buildings. 15.08.150 Freeway signs. 15.08.160 Legal nonconforming signs. 15.08.170 Administrative adjustment of sign standards allowed. 15.08.180 Variances. 15.08.190 Violations. 15.08.010 Purpose. The purpose of this chapter is to accommodate and promote sign placement consistent with the character and intent of the zoning district; proper sign maintenance; elimination of visual clutter; and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use, and maintenance of signs within the urban area shall occur in accordance with this chapter. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.020 Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein. "Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. "Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state and local flags or any official flag at an institution or business will not be considered banners. "Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. "Changing message center sign" means an electronically controlled sign where different automatic changing messages are shown on the Tamp bank. This definition includes time and temperature displays. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended. Directional Sign. See "off -premises directional sign" and "on -premises directional sign." "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. "Fascia board" means: 1. A board used on the outside vertical face of a cornice. 2. The board connecting the top of the siding with the bottom of a soffit. 3. A board nailed across the ends of the rafters at the eaves. 4. The edge beam of a bridge. 5. A flat member or band at the surface of a building. Figure 8-1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Fascia sign" means a sign which is attached to the fascia board of an existing building's roof structure where the sign projects less than one foot from the fascia or parapet of the building, including the parapet to which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. The building's fascia board shall have a soffit and end caps installed flush with the bottom and ends of the sign, integrating the subject sign into the building's fascia and overall roof system. Figure 8-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes Tight intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time. "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground. "Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. "Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. "Marquee/display case sign" means a sign typically associated with, but not limited to, movie theaters, performing arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface of the structure, or attached to a structure approved by the building official. In addition, a changeable copy area is included where characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. Marquee/display case signs shall be considered wall signs regulated under the provisions of YMC 15.08.100, and all sign materials placed behind the clear/translucent material shall not be considered a temporary sign subject to the provisions of YMC 15.08.110. "Multiple -building complex" is a group of structures housing two or more retail, office, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -building complex shall be considered a single use. "Multiple -tenant building" is a single structure housing two or more retail, office, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -building complex shall be considered a single use. (See YMC 15.08.140.) "Off -premises directional sign" means an off -premises sign with directions to a particular business. "Off -premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold, produced, manufactured or furnished at a place other than on the property where the sign is located. "On -premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations. "On -premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business or name of the person, firm or corporation occupying the premises. "Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot. "Portable sign" means a sign made of wood, metal, plastic, or other durable material that is not attached to the ground or a structure. This definition includes sandwich boards, and portable reader boards if placed on private property. Signs placed on public or street right-of-way, including public sidewalks, require review under YMC 8.20.055. "Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face. Figure 8-3 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings. "Roof sign" means any sign erected or constructed as an integral part or is essentially part of a normal roof structure of any building design, where any portion of the face of which is situated above the roof line to which it is attached, and which is wholly or partially supported by said building. See YMC 15.08.090. "Sign" means any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and/or promotes an activity, product, service, place, business, or any other thing. "Sign area" means that area contained within a single continuous perimeter enclosing the entire sign cabinet, but excluding any support or framing structure that does not convey a message. "Sign cabinet" means the module or background containing the advertising message but excluding sign supports, architectural framing, or other decorative features which contain no written or advertising copy. "Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. Figure 8-4 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet. "Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner lots, each street -side property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages. Figure 8-5 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials. Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. "Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district. "Wall sign" means any on -premises sign attached to or painted directly on, or erected against and parallel to, the wall of a building. See YMC 15.08.100. Figure 8-6 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). Figure 8-6 "Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, placed inside a window or upon the window panes or glass and visible from the exterior of the window. Window signs shall not be included in determining a site's total number of signs permitted or allowed sign area, and shall not be counted as wall or temporary signage as regulated under YMC 15.08.100 and 15.08.110. Window signage which exceeds fifty percent of any given window area is not permitted. (Ord. 2015- 007 § 1 (Exh. A) (part), 2015: Ord. 2010-34 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 32, 1993: Ord. 3106 § 16, 1988: Ord. 2947 § 1 (part), 1986). 15.08.030 Development permit required. No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first receiving a development permit from the building official. 1. For New Uses. All on -premises signs meeting the standards of this chapter are considered Class (1) uses requiring Type (1) review. On -premises signs not meeting the standards shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Off -premises signs and billboards are permitted as identified in YMC 15.08.130. 2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Type (1) review and approval by the building official. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 3, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 33, 1987: Ord. 2947 § 1 (part), 1986). 15.08.040 Nonregulated signs. Provided the below -mentioned signs meet the general provisions of YMC 15.08.070, and except when otherwise prohibited, or regulated in another section of this chapter, the following signs are not regulated as to their number and/or size, with the exception of window and temporary signs. All signs listed in this section do not require a permit: 1. Window signs, in conjunction with a permitted use, of which the signage does not exceed fifty percent or more of the total window area. Window signs shall not be included in determining the total number of permitted signs or allowed signage area, as regulated in YMC Chapter 15.08; 2. Point of purchase displays, such as product dispensers; 3. Gravestones; 4. Barber poles; 5. Historical site plaques; 6. Structures intended for a separate use such as phone booths, Goodwill containers, etc.; 7. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; 8. Directional, warning or information signs or structures required or authorized by law; 9. Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations; 10. Political signs advertising a candidate or candidates for public elective office, a political party, or promoting a position on a public issue during a campaign; provided, that: a. All political signs shall be removed within fifteen days following the election, except that in cases where a general election follows a primary election, those signs for candidates whose names will appear on the ballot in the general election may be displayed during the interim period and up to fifteen days after the general election; and b. No political sign shall be erected upon any private property without the permission of the resident or owner thereof, and, in cases where there is no occupied structure on the property, no political signs shall be placed thereon without the written consent of the owner of the property; 11. Temporary signs; no more than two temporary signs per parcel, not to exceed a combined total of thirty-two square feet of sign area (see YMC 15.08.110); 12. Canopies and awning signs; 13. Official public or court notices issued by a government agency or body or required or provided for under adopted statute; 14. Construction and real estate signs up to thirty-two square feet in sign area. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-25 § 1, 2001: Ord. 93-81 § 33, 1993: Ord. 3019 § 34, 1987: Ord. 2947 § 1 (part), 1986). 15.08.045 Fee exempt signs. The following signs are exempt from the fee requirements of YMC 11.04.030 and Title 15, but require submittal and approval of a sign permit meeting the general requirements of YMC 15.08.070, and the site specific standards of YMC Ch. 15.08: 1. On -premises signs not readable from the public right-of-way, i.e., menu boards, etc.; 2. On -premises directional signs; 3. Construction and real estate signs exceeding thirty-two square feet in sign area; 4. Church, school, and community center name and/or reader boards not exceeding thirty-two square feet in sign area; 5. Temporary signs totaling more than thirty-two square feet and up to sixty-four square feet of sign area per parcel, or more than two temporary signs per parcel, up to a maximum of four signs. (Ord. 2015-007 § 1 (Exh. A) (part), 2015). 15.08.050 Prohibited signs. The following signs are prohibited: 1. Signs on any vehicle or trailer parked on public or private property and visible from a public right- of-way for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs painted on or magnetically attached to any vehicle operating in the normal course of business; 2. Signs purporting to be, imitating, or resembling an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal; 3. Signs attached to utility, streetlight and traffic -control standard poles; 4. Swinging projecting signs; 5. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or dangling materials) or hazardous condition; 6. Abandoned signs; 7. Signs on doors, windows or fire escapes that restrict free ingress or egress; and 8. Any other sign not meeting the provisions of this chapter. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 34, 1993: Ord. 2947 § 1 (part), 1986). 15.08.055 Sign maintenance. A. General Requirements. Signs shall be maintained in good order and repair at all times so that they do not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks and loose and dangling materials. Signs that are not maintained in this manner shall be considered prohibited signs. B. Nonconforming Sign Maintenance and Repair. Nothing in this title shall relieve the owner or user of a legal nonconforming sign, or the owner of the property on which the nonconforming sign is located, from the provisions of this section regarding safety, maintenance, repair, and/or removal of signs. (See YMC 15.08.160.) (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 35, 1993). 15.08.060 Sign standards. The provisions of this chapter and the requirements in Table 8-1, "Type and Number of Signs Permitted," Table 8-2, "Maximum Sign Area," and Table 8-3, "Sign Height and Setbacks," are established for all signs in the zoning districts indicated. All permitted signs are subject to the review procedures of this title and the standards of this section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the principal use. Table 8-1. Type and Number of Signs Permitted SIGN TYPE ZONING DISTRICTS SR R-1 R-2 R- 3 B- 1 HB B-2 SCC LCC CB D G C A S R D M -1 M -2 PERMITTED SIGNS On- Premise s Signs Nameplate Permitted as an Accessory Use to an Approved or Existing Use Subdivision Identification/Projec t Identification2 Roof/Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Proj . I.D. Only On -premises signs chapter are considered Type (1) review. the standards of procedures of YMC not permitted. meeting the standards Class (1) On -premises signs this chapter shall 15.08.170, and of this uses requiring not meeting follow the are otherwise Projecting Not Permitted Freeway See YMC 15.08.150 Off- Premise s Signs Directional Not Permitte d Clas s (2) Use Not Permitte d Class (2) Use Class (1) Use Advertising Billboards NUMBER OF SIGNS PERMITTED On- Premise s Signs Nameplate 1 Per Dwelling Subdivision Identification/Use Identification' 1 Per Street Frontage 1 Per Street Frontage SIGN TYPE Freestanding) ZONING DISTRICTS SR R-1 R-2 R- 3 B- 1 HB B-2 SCC LCC CB D G C A S R D M -1 M -2 Projecting WaII/Roof/Portable Signs Freeway Off - Premise s Signs Directional Not Permitted 1. Wall: YMC 15.08.100/Roof: YMC 15.08.090 2. Portable: a. Non -Regulated: No more than two signs per parcel, not to exceed a combined total of 32 square feet of sign area; b. Fee Exempt: Signs totaling more than 32 square feet and up to 64 square feet of sign area per parcel, or more than two temporary signs per parcel, up to a maximum of four signs. Freeway: See YMC 15.08.150 Directional: See YMC 15.08.120(B) Advertising Billboards Not Permitted 1 Sign Per Parcel (Also See YMC 15.08.130) NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple -building complexes and multiple - tenant buildings. 2. Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall—See Table 8-2. Table 8-2. Maximum Sign Area Freestanding and Projecting Signs ZONING DISTRICT Sign is set back 15 ft. or less from required right-of-way Sign is set back 15 ft. or more from required right-of-way WALL SIGNS FREEWAY SIGNS SR, R-1, R-2, and R- 3 Nameplates up to 2 sq. ft. and subdivision/project identification up to 32 sq. ft. HB and B-1 24 sq. ft. 40 sq. ft. B-2 40 sq. ft. 60 sq. ft. SCC Frontage is less than 400 ft. long 1 sq. ft. of sign area lineal ft. of frontage to 100 sq. ft. per up 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area lineal ft. of frontage to 150 sq. ft. per 1-1/2 sq. ft. of sign area up per lineal ft. of frontage up to 200 sq. ft. LCC Frontage is less than 400 ft. long 1 sq. ft. of sign area lineal ft. of frontage to 150 sq. ft. per up 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area lineal ft. of frontage to 200 sq. ft. per up 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. CBD 1 sq. ft. of sign area to 150 sq. ft. per lineal ft. of frontage up NOT PERMITTED SIZE OF WHERE WALL TO PERMITTED: WHICH UP TO 300 ATTACHED SQUARE FOOT Table 8-3. Sign Height and Setbacks SIGN STANDARDS Freestanding and Projecting Signs l ZONING DISTRICT Sign is set back 15 ft. or Tess from required right-of-way Sign is set back 15 ft. or more from required right-of-way WALL SIGNS FREEWAY SIGNS GC Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. CBD GC Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. AS Frontage is Tess than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. RD Frontage is Tess than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. M-1 1 sq. ft. of sign area per lineal ft. of frontage up to 100 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. M-2 MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE Table 8-3. Sign Height and Setbacks SIGN STANDARDS ZONING DISTRICTS SR R-1 R- 2 R- 3 B- 1 HB B- 2 SCC LCC CBD GC AS RD M- 1 M - 2 MAXIMUM SIGN HEIGHT Freestanding) Sign is set back 15 feet or less from required right-of- way 5 ft. 10 ft. 15 ft. 30 ft. 30 ft. 30 ft. 30 ft. Sign is set back more than 15 feet from required right-of- way 10 ft. 15 ft. 20 ft. 35 ft. 40 ft. 30 ft. 40 ft. Projecting Not permitted' See YMC 15.08.080 1. Wall 1. Top of wall to 15.08.100) which attached (YMC SIGN STANDARDS ZONING DISTRICTS SR R-1 R- 2 R- 3 B- 1 HB B- 2 SCC LCC CBD GC AS RD M- 1 M - 2 2. Fascia 2. Horizontal and vertical limits of fascia board to which attached (YMC 15.08.105) Freeway Where permitted: 70 ft. SETBACKS Minimum front yard setbacks Edge of right-of-way Minimum side yard setbacks Required setback standards for each zoning district (Table 5-1) Notes: 1 YMC 15.08.140 has special freestanding sign provisions for multiple -building complexes and identification signs permitted in the residential districts may be 8-2.) multiple -tenant buildings. 2 Nameplates and subdivision placed on a wall. (See Table (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 4 (part), 2011; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 36, 1993; Ord. 3106 § 17, 1988; Ord. 3019 § 35, 1987: Ord. 2947 § 1 (part), 1986). 15.08.070 General provisions. All signs shall comply with the following provisions: A. Construction shall satisfy the requirements of the building code; B. Except for nonregulated and temporary signs, all signs shall be permanently attached to a building or the ground; C. Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC 15.08.080(1) and 15.08.090; D. All signs shall comply with the setback requirements in Table 8-3, except when the side or rear yard is a street frontage, then the front setback shall apply; E. Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; G. The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no written or advertising copy to the sign cabinet shall not be greater than 1:1; H. A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes (see YMC 15.05.040); I. No freestanding signs shall be placed in the clearview triangle established in YMC 15.05.040; and J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 4 (part), 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 37, 1993: Ord. 3106 § 18, 1988: Ord. 2947 § 1 (part), 1986). 15.08.080 Projection over right-of-way. Projecting and freestanding signs shall comply with the following provisions: 1. No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached. 2. All signs projecting over the public right-of-way shall conform to the following standards: Clearance Above Grade Maximum Projection Less than 8 feet Not permitted 8 feet to 9 feet 1 foot 9 feet to 10 feet 2 feet Over 10 feet 2/3 the distance from building to curb line or a maximum of 10 feet No sign shall project within two feet of the curb ine. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 36, 1987: Ord. 2947 § 1 (part), 1986). 15.08.090 Roof signs. All roof signs shall comply with the following provisions: 1. Roof signs shall be constructed upon the roof of a building. 2. Roof signs shall be integrated into the roof system of an existing building, or be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building itself. 3. Roof signs must not exceed the maximum allowable height of the building within the district in which it is located. 4. All roof signs shall be installed or erected in such a manner that there is no visible support structure. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.100 Wall signs. All wall signs shall conform to the following provisions: 1. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than twelve inches from the wall. 2. The number of wall signs is not regulated; provided, the total area of the wall sign(s) may not exceed the area of the wall to which attached. 3. Wall signs shall not extend above the height of the wall to which attached. 4. Marquee/Display Case Signs. a. Marquee/display case signs shall have: i. A changeable copy area where characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign; ii. The sign face shall be made of a translucent durable material; iii. The sign cabinet/display case shall be lockable and capable of preserving the sign material inside from the elements. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 38, 1993: Ord. 2947 § 1 (part), 1986). 15.08.105 Fascia signs. A fascia sign is a sign which is attached to the fascia board of an existing building's roof structure. 1. Fascia signs may be painted upon, attached flat to, or pinned/projecting from the fascia board, but shall not project more than twelve inches from the fascia board. 2. The number of fascia signs is not regulated; provided, the total area of the sign(s) may not exceed the area of the fascia board to which it is attached. 3. Fascia signs shall not extend beyond the horizontal and vertical limits of the fascia board to which it is attached. (Ord. 2015-007 § 1 (Exh. A) (part), 2015). 15.08.110 Temporary signs. All temporary signs shall conform to the following: 1. No temporary sign shall be placed in a required parking space, driveway, or clearview triangle. 2. No temporary sign may be placed in the public right-of-way or an easement unless specifically permitted by the city/county. 3. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. 4. No temporary sign shall be displayed more than fifteen days after the event for which it is intended. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-25 § 2, 2001: Ord. 93-81 § 39, 1993: Ord. 2947 § 1 (part), 1986). 15.08.120 Directional signs. A. On -Premises Directional Signs. On -premises directional signs readable from the public right-of- way may be permitted in accordance with Table 8-1. On -premises directional signs may contain both directions and the business name or logo, provided the business name or logo shall not exceed fifty percent of the sign area. All on -premises directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face. B. Off -Premises Directional Signs. Off -premises directional signs are permitted where indicated in YMC 15.08.130(8); provided, that: 1. Each use located in a district where off -premises directional signs are allowed is permitted one off -premises directional sign; 2. The off -premises sign contains only directional information and does not exceed thirty-two square feet in area nor twenty-five feet in height; 3. The off -premises signs are permanently installed on private property; 4. Only one off -premises sign is permitted on a parcel. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.130 Off -premises signs and billboards. A. Billboards are: 1. Class (1) uses in the M-1 and M-2 districts; and 2. Class (2) uses in the CBD, GC, and RD districts. B. Billboards may be permitted in these districts after the required level of review, provided they meet the provisions of this chapter and all of the following criteria: 1. The maximum sign area does not exceed three hundred square feet per sign face; 2. There is no more than one product displayed per sign face; 3. There are no side-by-side panels; 4. Required front yard setbacks are met; 5. Billboards between a one -hundred -fifty- and three -hundred -foot radius of a residential district shall be restricted to one hundred sixty square feet per sign face and may not be lighted; 6. No billboard shall be located within one hundred fifty feet of a residential district; 7. The billboard is not within five hundred lineal feet of another billboard having the same street frontage; 8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8-3; 9. The total number of combined freestanding signs, off -premises signs and billboards does not exceed the number of freestanding signs allowed for the property. C. Off -premises signs are: 1. Class (1) uses in the M-1 and M-2 districts; 2. Class (2) uses in the B-2, CBD, GC, and RD districts. Off -premises signs may be permitted in these districts after the required level of review, provided they meet the provisions of this chapter and the specific standards for the district in which they are located. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 40, 1993: Ord. 2947 § 1 (part), 1986). 15.08.140 Multiple -building complexes and multiple -tenant buildings. A. Purpose. The following provisions shall apply to multiple -building complexes and multiple -tenant buildings in the SCC, LCC, GC, and RD districts. B. Number of Freestanding Signs. Each multiple -building complex shall be allowed one freestanding sign on each street frontage in accordance with Table 8-2. When the street frontage is longer than four hundred feet: 1. One additional freestanding sign shall be permitted for each additional four hundred feet of street frontage or part thereof; or 2. A single, larger freestanding sign can be erected in accordance with Table 8-2. If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding sign shall be placed closer than two hundred feet to any other freestanding sign or exceed the standards in Table 8-2. These provisions shall also apply to each multiple -tenant building, unless it is a part of a multiple - building complex. The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple - building complex or multiple -tenant building. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.150 Freeway signs. A. Purpose. The purpose of this section is to permit hotels/motels, restaurants, service stations and fruit stands near the freeway a larger on -premises sign to inform freeway travelers of their service. B. Location. A freeway sign may be used to substitute an allowable freestanding sign where there is more than one street frontage, when the use: 1. Has frontage on Nob Hill Blvd., Yakima Avenue, Terrace Heights Drive, North 1st Street, North 16th Avenue, or North 40th Avenue and all or a portion of the lot is within one thousand feet of a freeway interchange; or 2. Is within two hundred fifty feet of the freeway right-of-way. C. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple -building complex or for each development, whichever is more restrictive. D. Uses with Only One Frontage. Uses within the area described in subsection B of this section with only one street frontage may install a freeway sign in addition to the permitted freestanding sign. E. Sign Height. The maximum height for freeway signs is shown in Table 8-3. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 41, 1993: Ord. 2947 § 1 (part), 1986). 15.08.160 Legal nonconforming signs. Any sign lawfully existing under all codes and ordinances in effect at the time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful; provided, that: A. No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and B. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal structural repair and maintenance; and C. The sign is not a hazardous or abandoned sign. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.170 Administrative adjustment of sign standards allowed. A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of the sign design standards of this chapter is proposed or when required as part of a detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including but not limited to the following: 1. Site plan which includes the physical components of the sign including sign size, height, shape, color, location and associated landscaping; 2. A description of how the sign relates to the immediate surroundings, including existing and proposed structures, other signs, neighboring land uses and the character of the zoning district; 3. An explanation of why the existing sign standards are not adequate and require adjustment; and 4. For multiple -tenant buildings and multiple -building complexes, a description of how the available sign area will be allocated between tenants or leasable spaces. B. Review Procedures. The administrative official shall review the comprehensive design plan in accordance with the provisions of YMC Chapter 15.10 and may either approve or disapprove the plan. The administrative official shall approve the comprehensive design plan and/or adjustments in the standards of this chapter when he finds that such approval would be consistent with the character of the zoning district, compatible with neighboring land uses, and create visual harmony between the sign, structure, and the site where it is located. The administrative official may also attach conditions to this approval in order to accomplish the objectives of this section and YMC 15.10.030. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2011-12 § 5, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 42, 1993; Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986). 15.08.180 Variances. Except as allowed by YMC 15.08.170, no reduction of the standards in this chapter is allowed except pursuant to YMC Chapter 15.21. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.08.190 Violations. Failure to comply with the provisions of this chapter is a violation and punishable under YMC Chapter 15.25. (Ord. 2015-007 § 1 (Exh. A) (part), 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.09 SPECIAL DEVELOPMENT STANDARDS Sections: 15.09.010 Purpose. 15.09.020 Special development standards for the district overlays. 15.09.030 Common open space requirements. 15.09.040 Zero lot line development. 15.09.045 Accessory dwelling units. 15.09.050 Performance standards—Emissions. 15.09.060 Special development standards for service stations and other retail uses selling motor fuel. 15.09.070 Special requirements for animal husbandry. 15.09.080 Special requirements for bed and breakfast inns. 15.09.090 Special requirements for social card rooms. 15.09.100 Private street review requirements. 15.09.110 Reasonable accommodations process. 15.09.120 Community garden development standards. 15.09.200 Adult business. 15.09.210 Special requirements for retaining walls. 15.09.010 Purpose. A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established as follows: Overlay District Districts or Programs Greenway Overlay Yakima River Regional Greenway Plan; Shoreline Master Program Floodplain Overlay Shoreline Master Program; National Flood Insurance Program (flood hazard areas) Overlays established separately in this title Airport Safety Overlay (see YMC Chapter 15.30) Yakima Air Terminal at McAllister Field; other public airport with defined airspace per FAR Part 77 Institutional Overlay (see YMC Chapter 15.31) Large-scale institutional facilities with special locational needs Master Planned Development Overlay (see YMC Chapter 15.28) Master planned development (residential, commercial, industrial or mixed-use development) B. Application. The provisions of this chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.09.020 Special development standards for the district overlays. A. Project Review in an Overlay. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The administrative official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section. B. Special Development Standards in the Greenway Overlay. All development in the greenway overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River regional greenway plan. C. Special Development Standards in the Floodplain Overlay. All development in the floodplain overlay shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the county/city. Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance. D. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use, nonconforming use expansion, or modification is proposed on property within the jurisdictional boundaries of the Yakima County shoreline master program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements, but shall be subject to all applicable standards. If a conflict exists between the standards of the shoreline master program and YMC Title 15, the more restrictive provisions shall apply. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009- 09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 3, 2001: Ord. 98-59 § 3, 1998; Ord. 3106 § 19, 1988: Ord. 2947 § 1 (part), 1986). 15.09.030 Common open space requirements. The following provisions shall apply whenever common open space is proposed by the developer, or when required by an administrative official under Type (2) or (3) review as a condition of approval: A. Use. The common open space may be used for recreation; shoreline access; landscaping; land use, visual, or noise buffer; drainage control; or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan. B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be: 1. Located next to other open space areas; 2. Located so that it buffers the proposed development from neighboring developments; or 3. Located to provide access to recreation facilities or link recreational facilities with sidewalks or paths. C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the administrative official. All legal documents to carry out this requirement shall be approved by the jurisdiction's legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space and provide that in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009- 09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.09.040 Zero lot line development. A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy-efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of the ordinance codified in this section may be approved by a Type (2) review. Zero lot line development may also be approved on lots created before the effective date by a Type (3) review. A site plan meeting the requirements of YMC 15.11.040 or, as applicable, YMC 15.11.050, shall be prepared for all zero lot line development. C. Development Standards. All zero lot line developments shall comply with the standards of Tables 5-1 and 5-2, the provisions and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections, the standards herein shall apply: 1. Dwelling Unit Setbacks. a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls, and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. c. Front and Street -Side Setback Standards. Front and street -side setback standards shall be those shown on Table 5-1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water runoff from the dwelling placed on the lot is limited to the easement area. 7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with YMC 15.09.030. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.09.045 Accessory dwelling units. A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to: 1. Provide homeowners with an opportunity for extra income, companionship, and security; 2. Better utilize existing infrastructure and community resources (sewer, water, roads, etc.); 3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles; 4. Add to the supply of affordable dwelling units; and 5. Protect neighborhood character and stability by ensuring that ADUs are compatible with surrounding land uses. B. Requirements. An accessory dwelling unit is a permitted Class (3) use, secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage. 2. The front entrance to the ADU shall not be visible from a right-of-way or access easement. 3. Paved off-street parking shall be provided as required in YMC Chapter 15.06 for both the ADU and the primary residence, separately, located on the lot they are intended to serve. 4. The ADU's floor area shall be comprised of not more than fifty percent of the floor area of the primary dwelling unit or eight hundred square feet, whichever is less. For example, a primary detached dwelling unit two thousand eight hundred square feet in size would be limited to eight hundred square feet. A primary structure one thousand square feet in size would be limited to five hundred square feet. 5. The ADU's exterior walls shall be designed so as to be similar in style, color, and building materials to the primary detached dwelling. 6. The ADU shall have the same building setbacks as the primary structure. 7. A parcel/lot shall contain no more than one single-family residence and one ADU. 8. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a commercial or industrial structure/use. 9. ADUs shall only be permitted on parcels/lots one-quarter acre in size or larger. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, each unit shall have its own sewer and water connection, with required meters. 11. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership, in a way that separates the ADU and the primary dwelling unit on different lots. 12. A home occupation may be allowed, subject to YMC 15.04.120, in either the ADU or the primary unit, but not both. 13. The site plan for the construction or conversion of an ADU shall indicate the ADU. 14. Any exterior stairs shall be placed in the rear or side yard. 15. A deed restriction, signed by the property owner and the city, shall be recorded with the Yakima County auditor's office providing notice to potential buyers of the ADU restrictions. C. Enforcement. The city retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section. D. Elimination. The city retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection B of this section are violated. In the event the city withdraws occupancy, the property owner may: 1. If attached, merge the existing ADU to the single-family dwelling; or 2. If detached, use the building for storage only or remove the structure from the premises. (Ord. 2010-16 § 13 (part), 2010). 15.09.050 Performance standards—Emissions. A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms. A reviewing official, including those engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section, in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited. C. Heat. No use shall produce heat significantly perceptible beyond its lot lines. D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines. E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.09.060 Special development standards for service stations and other retail uses selling motor fuel. A. Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. B. Fifty -Foot Setback from Residential Districts Required. Each pump island shall be set back at least fifty feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5-1. C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of any new or used vehicle. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.09.070). 15.09.070 Special requirements for animal husbandry. A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in. B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one-half acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling. C. Project Review. Animal husbandry operations, which would create noise and odors, attract insects or rodents or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section. D. Minimum Setback. 1. No portion of any structure used to house a domesticated farm animal shall be located within one hundred feet of any residence other than a dwelling on the same lot; and 2. No portion of any structure used to house a domestic farm animal shall be located within ten feet of a residence where the residence and domestic farm animal structure are located upon the same lot/tax parcel. E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant_ F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. (Ord. 2011- 52 § 8, 2011: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 43, 1993; Ord. 3106 § 21, 1988. Formerly 15.09.090). 15.09.080 Special requirements for bed and breakfast inns. Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts where motels and hotels are Class (1), (2), or (3) uses: A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood. B. Meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations, except as otherwise permitted in this title. C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast. D. The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official. E. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the inn and/or operator, shall be permitted. F. The administrative official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health considerations, and compatibility with the surrounding neighborhood. G. No more than five lodging or guest rooms shall be allowed for home occupations. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 44, 1993. Formerly 15.09.100). 15.09.090 Special requirements for social card rooms. No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24.010(9), or as the same may be hereafter amended. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2002-53 § 4, 2002. Formerly 15.09.190). 15.09.100 Private street review requirements. Private Roads—General Requirements. Private streets serving three lots, housing units or more may be approved as an element of a master planned development overlay (YMC Chapter 15.28), a mobile home/manufactured park (YMC 15.04.150), a condominium or within a binding site plan in conformance with subdivision requirements. A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road. B. Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC Chapter 15.09 and shall be specified in a homeowner's association, development agreement or other maintenance plan. C. Names for private roads shall be approved by city or county planning departments. D. Private roadway signs with street name designations shall be provided by and maintained by the developer or homeowner's association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body. E. A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. F. A private gate shall not obstruct emergency, public service, or utility vehicles access. G. Private roads and the entire easement or right-of-way width shall be open and available for use by emergency, public service, and utility vehicles. H. The face of any plat, short plat, master development plan, binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of Tots within such plat or short plat, shall bear the following language: The City of Yakima has no responsibility to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short plat shall not be opened as a City (or County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system. I. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way. J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-of-way unless approved otherwise by the city/county engineer. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009- 09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008). 15.09.110 Reasonable accommodations process. A. Purpose. This chapter has been enacted to authorize the director of community and economic development or his designee to waive or vary provisions of the code when necessary to reasonably accommodate the statutory rights of the disabled under the Americans With Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his/her choosing. The provisions of this chapter shall apply to commercial and may apply to some residential activities or zones; provided, that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. B. Reasonable Accommodations. 1. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the director of community and economic development or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence. 2. The city's duty to accommodate is an affirmative one, and the director of community and economic development is thereby authorized to provide accommodations in a thoughtful and proactive manner. 3. The following review may, at the director of community and economic development's discretion, include citizen input into the administrative process. The director of community and economic development shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject site. 4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. C. Waiver of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those titles or which would reduce the fire safety of any structure. Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State Code. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of fire safety. D. Accommodations Personal to the Applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who established the same use within six months of the date the prior use by the disabled person or residential care provider ceases. The director of community and economic development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of YMC Title 15, Yakima Urban Area Zoning Ordinance, be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD. E. Appeal. Interested persons, that are persons located within five hundred feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Yakima County superior court within ten days of the date of mailing of the notice of decision. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008). 15.09.120 Community garden development standards. A. Purpose. The purpose of this section is to establish minimal development standards for community gardens which allow private groups or neighborhoods to use privately or publicly owned lands to establish a garden for the cultivation of fruits, vegetables, plants, flowers, or herbs that is maintained by the group members who may or may not have ownership in the subject property. These standards are intended to assure that the established community gardens are compatible with adjoining land uses, the character of the district in which they are located, and will not otherwise have any unmitigated negative environmental impacts. B. Review Process. Community gardens shall follow either the Type (1) or Type (2) review processes as specified by YMC Chapters 15.13 and 15.14, and 15.04 Table 4-1, Permitted Land Uses. C. Additional Type (1) and (2) Review Submittal Requirements for Community Gardens. Applications for community gardens shall include, but are not limited to, a "memorandum of understanding (MOU)" or "agreement" between the city and applicant, which includes the following elements: 1. Right of operating/use agreement, between the property owner and sponsoring organization, which includes: term of use, location and size of planting area(s), and supporting uses and/or structures. These items shall be shown on a site plan that meets the requirements of the site plan checklist, specified in YMC Chapter 15.11. a. The term of the above required right of operating/use agreement shall be a minimum of one year; however, none of the implementing regulations which govern community gardens shall prevent an applicant from submitting an agreement with a term that extends beyond this minimum requirement; 2. Sponsoring organization name, contact information, etc.; 3. Rules established for the prohibition of selling goods and produce grown on site: i.e., produce grown on site may not be sold; 4. Rules established for the use of herbicides, pesticides, and chemical fertilizers should be contained on site, and used in accordance with label instructions and generally accepted horticultural practices; 5. Maintenance procedures and regulations established for the control of weeds, garbage, standing water, odors associated with composting, the identification of how garden waste will be dealt with (on-site composting or hauled away), and the proposed winterization of the garden; 6. Water/irrigation: indication of method of providing water (i.e., certificate of availability), and indication of water runoff prevention; 7. Rules established for the use of equipment/tools, sheds (storage of hazardous materials, i.e., fertilizers), and other structures; 8. Hours of operation which conform to the provisions of YMC 6.04.180(E) in terms of hours of operation, and intensity of noise. D. Required Parking. 1. Total Number of Required Parking Spaces. The total number of required parking spaces for each type of community garden shall be as follows: a) Community gardens (accessory to an approved principal use): none. b) Community gardens (with planting area of one-quarter acre or less): none. c) Community gardens (with planting area of more than one-quarter acre and up to one-half acre): two spaces. d) Community gardens (with planting area of more than one-half acre up to one acre): four spaces. 2. Surfacing. Required parking for community gardens shall consist of an unpaved surface of compacted gravel. 3. Dimensions. The area of each parking space shall be no smaller than nine feet by nineteen feet. 4. Shared Parking. Community gardens may share parking with a nearby use/business in accordance with YMC 15.06.050. 5. Administrative Adjustment of Parking Authorized. Notwithstanding any contrary provision in Chapter 15.10 YMC, the total number of parking spaces for community gardens may be administratively adjusted under the provisions of YMC Chapter 15.10, as the parking standards for community gardens are codified under both the provisions of YMC Chapters 15.06 and 15.09. E. Accessory Structures. Accessory structures for community gardens are permitted as an accessory use to a community garden or as otherwise permitted under the provisions of YMC 15.04.060, and as described below: a) Community gardens (accessory to an approved principal use): a. Accessory structures one hundred twenty square feet or Tess are permitted in accordance with YMC 15.05.020(E)(2). b) Community gardens (with planting area of one-quarter acre up to one acre): a. Accessory structures one hundred twenty square feet or less are permitted in accordance with YMC 15.05.020(E)(2); and b. Accessory structures larger than one hundred twenty square feet are permitted in accordance with YMC 15.05.020(E)(1) and building permit issuance. (Ord. 2014-030 § 4, 2014). 15.09.200 Adult business. A. Purpose. All adult business uses shall comply with the requirements of this section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services. In furtherance of this purpose, this section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record. The standards established in this section shall apply to all adult business uses. Adult business uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this section to allow these uses to exist in a dispersed manner within specific zoning districts. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B. Special Definitions Specific to This Section. For the purpose of this section, the following words and phrases shall have the following meanings: 1. "Administrative official" means the director of the community development department of the city. 2. "Adult arcade/viewing booth" means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than six hundred square feet. Those greater than six hundred square feet shall be considered an adult motion picture theater. 3. "Adult business uses" means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below: a. Adult commercial establishments; b. Adult motion picture theaters; c. Adult arcades/viewing booths; d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in subsection E of this section. 4. "Adult cabaret/dance hall" or "dance studio" means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30). 5. "Adult commercial establishment" means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent or more of the establishment's gross public floor area shall adhere to the standards set forth in subsection (C)(2) of this section. 6. "Adult entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view of any specified anatomical areas or involves any specified sexual activities. 7. "Adult media" means magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 8. "Adult motion picture theater" means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities. 9. "Body studio" means any premises, other than a licensed massage parlor, reducing salon, health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity. 10. Church. See definition in YMC 15.02.020. 11. "City" means the city of Yakima. 12. "Department" means the community development department of the city. 13. "Escort and introductory service" means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this section. 14. "Massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided. 15. "Media" means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped pictures. 16. Park. See definition in YMC 15.02.020. 17. "Residential zoning district" means the suburban residential (SR); single -family residential (R- 1); two-family residential (R-2); and multifamily residential (R-3) zoning districts as defined in YMC Chapter 15.03. 18. School. See definition in YMC 15.02.020. 19. "Sexually oriented toys or novelties" means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs. 20. "Specified anatomical areas" means (1) less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. 21. "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 22. "Specified sexual exhibitions" means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions: 1. Subject to the provisions of this code and compliance with the development standards of this section, adult business uses shall be considered permitted uses, in and only in the M-1 (Iight industrial) zoning district. Adult business uses are prohibited in all other zoning districts. 2. Commercial uses approved for zoning requirements of Chapters 15.04 through 15.08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent of gross public floor area of the commercial use shall: a. Restrict persons under the age of eighteen from purchasing and/or renting the adult items; and b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen, or behind a counter. D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this section: 1. Adult business uses shall adhere to the following standards: a. Separation Standards. 1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within eight hundred feet of any of the following preexisting uses or previously established districts: a. The outside boundary of any parcel that contains a public school, private school or day care facility; b. The outside boundary of any parcel that contains a church or other house of worship; c. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; e. A residential zoning district; and f. The boundary of any city adjacent to the City of Yakima. 2. The parcel that contains an adult entertainment use shall not be located within one thousand five hundred feet of a parcel supporting a similar adult entertainment use as defined in this section, whether such similar use is located within or outside the city limits. 3. The general site -screening requirements of YMC Chapter 15.07 shall apply. 4. The separation requirements stated in subsections (D)(1)(a)(1)(a) through (e) and (D)(1)(a)(2) of this section shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, day care, church, public park, or public library. b. Licensing. All adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30. c. Hours of Operation. Any adult business use, as defined in this section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and ten a.m. of the same day. d. Signage. Signage of adult business uses, as defined in this section, shall comply with the provisions of YMC Chapter 15.08, Signs, together with the following specific conditions: 1. Each adult business use shall be allowed one on -premises sign which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the nonspecific identification of the nature of the stock -in -trade or entertainment offered therein (e.g., "adult toys," "adult books"). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or performances of the adult entertainment use. 2. In accordance with YMC 5.30.040(C), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters at least one inch tall, and reads: THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF YAKIMA. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT; B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE; C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE; D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA. This sign shall not, for purposes of administration of this section, limit the allowed use from having one on -premises sign as indicated in subsection (D)(1)(d) of this section. Adult commercial establishments do not need to comply with this standard. e. Parking. The parking standards in YMC Chapter 15.06 shall apply to all off-street parking for uses under this section. f. Design Standards. Adult business uses shall conform to the following design standards: 1. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities. 2. All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right-of-way or other public space. E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to subsection (B)(3) of this section are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult business uses." F. Nonconforming Uses. Any adult business use or specified sexual activity/exhibition legally in operation on the effective date of the ordinance codified in this section shall be permitted to continue; provided, that all adult business development standards set forth in this section, with the exception of the separation standards from subsection D of this section, are complied with. Any adult business use preexisting upon the effective date of the ordinance codified in this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. The existing business which operates twenty-four hours per day shall be allowed to continue; provided, that any application for expansion, addition or relocation, after the effective date of the ordinance codified in this section, shall be subject to the review requirements of this section. A protected use specified in subsection (D)(1)(a)(1)(a) through (e) of this section shall not benefit from the separation requirements of this section if the protected use chooses to locate within five hundred feet of a lawfully located and licensed adult business use after the effective date of the ordinance codified in this section. An adult business facility is lawfully located if it has located within the city in accordance with the requirements of this section. G. Application—Review—Appeal. The review and appeal procedures set forth below shall be the applicable review and appeal procedures for adult business uses: 1. Development Permit Application. Applications for permits for adult business uses shall be made in writing to the administrative official on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.040 shall accompany the application. The administrative official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title. 2. Review Procedures. The administrative official shall review all adult business uses for compliance with this title. The administrative official shall notify the applicant of the approval or denial of the application, request additional information, or forward the application to the department for review. 3. Approval. The administrative official shall issue a development permit when it has been determined that: a. The proposed use is a permitted use under this section; b. The proposed development complies with the standards and provisions of this title; c. The proposed development complies with other building and development codes in effect and administered by the administrative official; d. Proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and e. Any new improvements or expansions of a structure comply with the standards of this title. The administrative official may issue a development permit subject to specific conditions in mitigation of environmental impacts and control of hazardous materials, and requiring compliance with development standards. 4. Denial—Conditional Approval. When an application is denied, or when an application is approved with conditions, the administrative official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial or conditional approval is based. The administrative official may also refer the applicant to the department to determine if relief from such denial or conditional approval is available through other application. 5. Appeals. Any decision by the administrative official to deny issuance of a permit for an adult business use, or the imposition of conditions in issuance of a permit for an adult business use, may be appealed to the hearing examiner under the provisions of YMC 15.16.030. H. Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 2012-57 § 2 (Exh. A), 2012: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009). 15.09.210 Special requirements for retaining walls. Retaining walls may be made of any material commonly used for this purpose, such as block, timber, stone or concrete, except that the following materials are prohibited: 1. Materials not manufactured for, or customarily used on, retaining walls. 2. Ecology blocks of any style or design. (Ord. 2013-045 § 2, 2013). Chapter 15.10 CONDITIONS OF APPROVAL/ADMINISTRATIVE ADJUSTMENT OF STANDARDS Sections: 15.10.010 Purpose. 15.10.020 Administrative adjustment of some development standards authorized. 15.10.030 Special conditions of approval authorized. 15.10.040 Authority to impose special conditions limited in Type (1) review and administrative modification review. 15.10.010 Purpose. The purpose of this chapter is to specify and outline the authority of the administrative official to impose special conditions of approval on any permit or approval issued under the provisions of this title and to establish the authority of the administrative official to administratively adjust some of the development standards set forth in YMC 15.05.060 and YMC Chapters 15.05 through 15.08. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 7, 2001: Ord. 2947 § 1 (part), 1986). 15.10.020 Administrative adjustment of some development standards authorized. The purpose of this section is to provide flexibility by allowing certain development standards in YMC Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced or modified, so long as the administrative official determines that the adjustment and/or reduction is consistent with the intent and purpose of the standards, and will accomplish one or more of the following objectives: A. AIIow buildings to be sited in a manner which maximizes solar access; B. AIIow zero lot line or common wall construction in conformance with the provisions; C. Coordinate development with adjacent land uses and the physical features; D. Permit flexibility in the design and placement of structures and other site improvements that is the minimum adjustment necessary to accommodate the proposed structure or site improvement; or E. AIIow development consistent with a specific subarea plan adopted by the appropriate jurisdiction. Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in YMC Chapter 15.17 for Class (1) and Class (2) uses, and under Type (3) review for Class (3) uses. The administrative official shall not have the authority to reduce the site design requirements for minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table 5-2, or YMC 15.05.060. (Ord. 2011-12 § 6, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 95-13 § 7, 1995; Ord. 3106 § 22, 1988: Ord. 3019 § 39, 1987: Ord. 2947 § 1 (part), 1986). 15.10.030 Special conditions of approval authorized. A. The development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development, or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to: 1. Accomplish the objective and intent of any development standards or criteria for approval set forth in this title; 2. Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise; 3. Ensure compatibility of the development with existing neighboring land uses; 4. Assure consistency with the intent and character of the zoning district involved; or 5. Achieve and further the expressed intent, goals, objectives, and policies of the Yakima urban area comprehensive plan and this title. B. It is the intent of this title to grant broad authority to impose special conditions to achieve and further the objectives listed above. Such authority shall extend, but not be limited, to the following: 1. Increasing the minimum development standards of this title; 2. Limiting and controlling the dimensions, number, shape, and location of structures, including fences, signs, and buildings; 3. Regulating the number and location of vehicular access points; 4. Requiring the dedication of additional rights-of-way for public streets; 5. Requiring the dedication of public use easements and the recording of the same; 6. Regulating the design, manner, and timing of construction of any site improvements; 7. Regulating the hours of operation of any commercial or industrial use; 8. Providing for the maintenance or retention of any regulated site improvement; 9. Requiring and designating the location and size of open space; and 10. Reclamation of any site after discontinuance of use or expiration or revocation of a permit. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.10.040 Authority to impose special conditions limited in Type (1) review and administrative modification review. Unless specifically granted in some other provision of this title, the authority of the administrative official to impose special conditions of approval during a Type (1) review or an administrative modification (YMC Chapter 15.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the administrative official from denying or conditioning approval of any permit under this title based on the application of: A. The State Environmental Policy Act (SEPAL or B. Traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 40, 1987: Ord. 2947 § 1 (part), 1986). Chapter 15.11 GENERAL APPLICATION REQUIREMENTS Sections: 15.11.010 Purpose. 15.11.020 Application requirements. 15.11.030 Table of application requirements. 15.11.040 General site plan form and contents. 15.11.050 Detailed site plan form and contents. 15.11.060 Preapplication conference. 15.11.070 Filing an application. 15.11.080 Processing applications. 15.11.090 Notice requirements. 15.11.100 Fee schedule and administration. 15.11.110 Master applications. 15.11.010 Purpose. The purpose of this chapter is to specify the general procedures to be followed when processing applications. Additional procedures for particular types of development review are contained in specific sections of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.020 Application requirements. All applications shall comply with the following requirements: A. Applications shall be in writing on forms provided by the department, or, for Class (1) uses, by the administrative official; B. Applications shall include the information required by Table 11-1, "Application Requirements." For Type (1), (2), or (3) review for developed sites for which there is limited proposed change, the application shall include a general site plan in conformance with YMC 15.11.040; provided, the administrative official at his discretion may require additional information to clarify the application or determine compliance with the provisions of this title. For Type (3) review, the application shall include a detailed site plan in conformance with YMC 15.11.050; C. All applications, including a Type (1) review, shall be signed by the property owner or his agent authorized in writing to do so; D. Applications shall be accompanied by the appropriate fee as established by ordinance; E. An application is not complete unless it includes all required information, attachments and fees. No application shall be considered officially filed until accepted as complete by the department; and F. Applications for Type (2) and (3) reviews shall include a minimum eleven -inch by seventeen -inch reproducible copy of the site plan. If the original site plan is larger than eleven inches by seventeen inches, a minimum of ten additional copies and an eleven -inch by seventeen -inch copy of the site plan shall be required. In the event of expanded review, additional copies may be required at the applicant's expense. Site plans shall be developed in accordance with YMC 15.11.040 or 15.11.050, as applicable. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 45, 1993: Ord. 3245 § 2, 1990: Ord. 2947 § 1 (part), 1986). 15.11.030 Table of application requirements. Table 11-1 lists the general information required for each type of application. Individual chapters of this title may contain additional information required for a particular type of application. Table 11-1. Application Requirements R - Required with Application M - May Be Required Permit Applications for Type (1) Review Type (2) Review Type (3) Review Appeal Development Modification Variance Nonconforming Rezone Name, address, phone number R R R R R R R R Signature of property owner R R R R R R R R Signature of applicant R R R R R R R R Yakima County taxation parcel number and legal description R R R R R R R R Description of proposed action R R R R R R R R Size of subject property R R R M M R R SEPA checklist (when required) M M M M M R Applicant fee R R R R R R R R General site plan (YMC 15.11.040) R R R Detailed site plan (YMC 15.11.050) R R M R R Explanation of any adjustment sought from the standards of this title M M M M R R R R Draft of any proposed covenants, restrictions and easements M R Citation of the action being appealed (YMC R 15.16.030) (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.040 General site plan form and contents. A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or authorized by the administrative official, the paper size for Type (1) review shall be eight and one-half inches by eleven inches and, for Type (2) review, eleven inches by seventeen inches. The scale of the drawing shall be a standard engineering scale and shall reasonably utilize the paper's size. B. General Site Plan Contents. The general site plan shall include the legal description of the land; north arrow and scale of drawing; name of applicant and project name; actual dimensions and shape of the lot to be built upon; the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed structures and uses; the size and location of utilities, parking circulation plan, proposed landscaping and sitescreening; and the location of ingress and egress. The site plan shall also include any other information required by the department or administrative official to clarify the proposal, assess its impacts, or determine compliance with this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.050 Detailed site plan form and contents. A. Detailed Site Plan Form. All detailed site plans shall be drawn to scale and be legibly drawn, prepared, or printed on paper. Unless otherwise requested or authorized by the department, the paper size shall be eleven inches by seventeen inches or larger. The scale of the drawing shall be a standard engineering scale and shall reasonably utilize the paper's size. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site. B. Detailed Site Plan Contents. The detailed site plan shall show the following where applicable: 1. The boundaries of the site; 2. Names and dimensions of all existing streets bounding or touching the site; 3. The location, shape, size, height, and types of all existing and proposed structures and the boundary lines of all proposed and existing Tots, tracts, and easements; 4. Proposed location and dimension of "common open space"; 5. Existing and proposed utilities, streets, access easements, and dedication of property; 6. Location, dimension, and design of off-street parking facilities, showing points of ingress to and egress from the site; 7. All major physiographic features, such as railroads, drainage canals, and shorelines, on or abutting the site; 8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage plans; 9. Proposed land uses and densities; 10. Pedestrian and vehicular circulation patterns; 11. Existing and proposed landscaping and sitescreening; 12. Existing sewer lines, water mains, and other underground facilities within and adjacent to the development; 13. Proposed sewer or other waste disposal facilities, water mains and other underground utilities; 14. The location of structures on the adjoining lots; 15. A comprehensive sign plan meeting the requirements of YMC 15.08.170(A); 16. Analysis of soil and geological conditions; and 17. Any other information specified by the administrative official, such as: a. Proposed ownership pattern; b. Operation and maintenance proposals (i.e., homeowner's association, condominium, co- op or other); c. Solid waste disposal facilities; d. Lighting; e. Water supply; f. Public transportation; g. Community facilities; h. General timetable of development; i. Floodproofing or other measures to protect against flooding; and j. Information on design methods to conserve energy. C. A detailed site plan for development in the floodplain overlay shall also include the following information: 1. Elevation in relation to the one -hundred -year flood level of the lowest floor (including basement) of all structures; 2. Elevation in relation to mean sea level of any structure that has been floodproofed; 3. Certification by a registered professional engineer or architect that established floodproofing standards have been met; and 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.060 Preapplication conference. Prior to submitting an application, the applicant may arrange a conference with the department to review the proposed action, to become familiar with the policies, plans and development requirements of the Yakima urban growth area and to coordinate all necessary permits and procedures. Preapplication conferences are mandatory for all institutional overlay and master planned development applications. Any information or opinions expressed by the department staff shall not be binding on the administrative official or constitute approval of the project. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.070 Filing an application. All applications for permits, rezones, interpretations, or other approvals or action required or authorized under this title shall be filed with the department; except that, applications for Class (1) uses or modifications to approved Class (1) uses shall be made directly to the administrative official. Any required site plans shall accompany the application. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.11.080 Processing applications. Upon receipt of an application or upon referral of an application by the administrative official, the department shall proceed as follows: A. The application shall be reviewed for completeness. If additional information is required, the application shall be referred back to the applicant. If accepted as complete, the department shall begin processing the application in accordance with this chapter; B. If more than one permit, approval, or action under this title is required, the department shall refer the application back to the applicant for consideration of a master application under YMC 15.11.110 or withdrawal of the application. If no response is received within seven days, the department shall determine the order of processing and forward the application to the appropriate administrative official; C. A complete application shall be reviewed by the department and, if State Environmental Policy Act (SEPA) review is required, referred to the designated SEPA responsible official for SEPA review under the provisions of WAC Chapter 197-11. No action, approval or permit shall be issued on the proposal until SEPA review is complete; D. Upon completion of SEPA review, the department shall forward the application; related SEPA documents, if any; and a written report on the proposal, if any, to the appropriate administrative official; E. The department shall have a maximum of seven days to review the completed application and refer it to the appropriate administrative official, excluding any time spent in SEPA review; F. The department shall be responsible for assigning a date and assuring due notice of public hearing for each application requiring review by the hearing examiner. The date and notice shall conform to the statute or ordinance governing the application; G. Upon final action and decision, the administrative official or legislative body shall transmit its findings and decision to the department; and H. If the decision of the administrative official or legislative body is for approval, and if all other permits, approvals, or actions required under this title have been secured, the department shall issue a certificate of zoning review. This certificate of zoning review shall be sent to the department as authority for issuance of an actual development permit. The certificate of zoning review is official indication of compliance with this title only and shall not relieve any person from requirements of other laws or ordinances; nor shall it authorize the department to issue a development permit without compliance with other duties or review required by administrative official by law. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 41, 1987: Ord. 2947 § 1 (part), 1986). 15.11.090 Notice requirements. A. Table 11-2—Notice Requirements. Applications for permits, approvals, or actions listed in Table 11-2, Notice Requirements, shall be decided after compliance with the notice requirements set forth therein. Table 11-2 may require more than one type of notice for some applications. Other notice requirements are contained in the provisions of this title dealing with particular types of permits, approvals, or other actions and shall also be followed. In case of conflict between other provisions in this title and Table 11-2, the most lengthy and greatest notice requirement shall apply. If no notice is required in either Table 11-2 or the written provisions of this title, none shall be provided. 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. Table 11-2. Notice Requirements NOTICE REQUIREMENTS APPLICATIONS FOR... Class (1) (1) Clas s (2) (2) Clas s (3) (3) Appe al Administr ative Modificati o Developm ent i Varian ces Interpretati on(s) Rezon es When Require d Mailed after Preliminary Decision for Approval by Administrative Official NOTICE NOT REQUIR ED X NOTICE NOT REQUIRED NOTICE NOT REQUIRED Mailing/Publicati on/Posting at Least Twelve Days Prior to Public Hearing X X X X 1st Class Mailing To Parties of Record X X X X X To Property Owners Within 300 Feet of the Application Parcel X X X X Publicati on One Legal Notice in OfficialX Newspaper X X Posting In Compliance with YMC 15.11.090(C) and X X This Table (1) Includes: Class (1) uses, development permits, temporary use permits, and some home occupations. (2) Includes: Some Class (1) uses, Class (2) uses, permits for temporary hardship units, some home occupations, and some modifications to Class (1) and (2) uses. (3) Includes: Some Class (2) uses, Class (3) uses, changes from a nonconforming use to another, and some modifications to Class (2) and (3) developments, including administrative adjustment of development standards for Class (3) uses. B. Responsibility for Notice. The department shall provide all notice requiring first-class mailing or legal publication. When required, the applicant shall post the property in accordance with subsection C of this section. C. Posting Notice. When required, the applicant shall post the subject property with signs provided by the department. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property. The time of posting shall comply with the provisions of Table 11-2. D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the person or persons shown as the owner on the official records of the Yakima County assessor's office shall be considered the property owner. The notice of application will follow the provisions of Yakima Municipal Code Chapter 16.05. (Ord. 2010-31 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 (part), 1993: Ord. 2947 § 1 (part), 1986). 15.11.100 Fee schedule and administration. The legislative bodies hereby adopt and maintain a current schedule of fees and charges for actions pertaining to this title. No application, permit or appeal shall be accepted, processed, approved or issued unless and until the applicable fees and charges have been paid in full. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 46, 1993: Ord. 3245 § 1, 1990: Ord. 3106 § 23, 1988: Ord. 3019 § 42, 1987: Ord. 2947 § 1(part), 1986). 15.11.110 Master applications. A. Process. Any person proposing a land use project, which would require more than one of the permits or approvals listed in Table 11-1, may submit a master application on form(s) provided by the department. The master application shall be processed subject to the highest type of review applicable to any of the required permits or approvals, Type (3) review being higher than Type (2), and Type (2) review being higher than Type (1). For purposes of this section, the administrative official's decisions shall have the following effect: 1. If any of the required approvals constitute a recommendation to the legislative body, the decision of the administrative official as to all such permits or approvals shall constitute a recommendation to the legislative body; and 2. Otherwise, the decision of the administrative official shall be final subject to appeal pursuant to YMC Chapter 15.16. B. Fees. When two or more zoning applications for the same project are processed as a master application, only the highest fee among the applications submitted shall be charged. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 43, 1987: Ord. 2947 § 1 (part), 1986). Chapter 15.12 PERMITS Sections: 15.12.010 Purpose. 15.12.020 Required permits. 15.12.030 Compliance with development permit and certificate of zoning review required. 15.12.040 Official index of approvals to be maintained as public record. 15.12.050 Final site plans. 15.12.060 Expiration and cancellation of development permits and certificates of zoning review. 15.12.070 Certificates of occupancy required at discretion of administrative official. 15.12.080 Performance assurance. 15.12.010 Purpose. The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.12.020 Required permits. A. Development Permit. Except as provided in subsection C of this section, no use, development, or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part, without the issuance of a development permit by the administrative official. When a building permit is required, the building permit shall serve as the development permit. B. Certificate of Zoning Review. No development permit may be issued without the prior issuance of a certificate of zoning review by the department for the proposed development or modification to development indicating that the proposal has been through the review procedures of this title and conforms to its requirements; provided, that proposals for new Class (1) uses and modifications to approved Class (1) uses, which are reviewable under Type (1) review only (YMC Chapter 15.13), do not require a separate certificate of zoning review and may be approved directly by the administrative official. The certificate of zoning review issued by the department shall include by reference, or otherwise, any terms and conditions of approval for the project together with any approved final site plan. C. Exemptions. The following developments and modifications to developments are exempt from the review and permit provisions of this title; provided, they do not involve a required site improvement: 1. Normal structural repair and maintenance; 2. Changes to conforming structures that do not involve structural alterations as that term is defined by this title; 3. Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; 4. Accessory structures otherwise meeting the specific development standards and requirements of this title and that do not require a building permit under the provisions of the building code as adopted by the appropriate jurisdiction; 5. Exempt signs; 6. Yard sales meeting the requirements in YMC 15.04.090; 7. Alteration to land, including grading and leveling, paving, stockpiling, and excavation, the fair market value of which does not exceed five hundred dollars; and 8. All construction of private or public roads, construction of sewer, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements. D. Development Permit—Issuance in Conjunction with Another Permit. If the administrative official is designated and/or authorized to review and issue a permit under the provisions of any other city code or ordinance applicable to the development, he/she may require issuance of the development permit under this title to be issued only in conjunction with that other permit. (Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 5, 2005; Ord. 3106 § 24, 1988; Ord. 3019 § 44, 1987; Ord. 2947 § 1 (part), 1986). 15.12.030 Compliance with development permit and certificate of zoning review required. A. Development Permit Compliance Required. Development permits issued on the basis of plans, applications and conditions of approval imposed by the administrative official, and/or on the basis of a certificate of zoning review, authorize only the use, arrangement, and construction set forth in the approved plans, application, and certificate of zoning review together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction inconsistent with that authorized is a violation of this title and is punishable as provided in YMC Chapter 15.25. B. Site Plan Compliance Required. Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and/or occupier of any property, development, or structure, which is the subject of a final detailed or general site plan, shall be required to maintain the property and development in full compliance with the terms and conditions of the approved final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as provided in YMC Chapter 15.25. C. Site Inspection by the Building Official Authorized. The building official is authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and/or constructed in conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the appropriate jurisdiction. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.12.040 Official index for approvals to be maintained as public record. A. For Type (2) and (3) Approvals. The department shall maintain an official index of all approved and currently applicable certificates of zoning review and development permits requiring review and approval by the administrative official and/or hearing examiner. The official index shall include the application, a copy of the certificate of zoning review and the development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and shall be open for public inspection and copying in accordance with the other provisions of law. Such index shall be kept by parcel number so the current applicable provisions of any specific approval issued under this title for such property are available for public inspection and review. Such index may consist of original or certified duplicates of original documents. The department and administrative official shall immediately upon issuance of a certificate of zoning review and development permit place the original or certified duplicate in the official index, noting the date and time of filing of the document in the index. The official index required by this section shall constitute the authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. The department shall be the official custodian of said index and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section shall constitute a violation of this title and be punishable as provided under YMC Chapter 15.25. B. For Type (1) Approvals. The administrative official shall maintain an official public record of development permits issued under Type (1) review in the same manner and with the same effects as set out in subsection A of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.12.050 Final site plans. A. Final Site Plan Required. A final site plan shall be submitted with all Type 1 review applications, and shall be required as a condition of approval for all Type 2 and 3 review applications. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative official. B. Final Site Plans—Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as required by the department. Unless the department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of YMC 15.11.040 or 15.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. (Ord. 2011-12 § 12, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986). 15.12.060 Expiration and cancellation of development permits and certificates of zoning review. A. Certificate of Zoning Review—Expiration. A certificate of zoning review shall automatically expire and terminate when: 1. A new or modified certificate of zoning review has been issued for the same parcel or parcels; or 2. A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate; or a time period of not less than one year specified by the administrative official; or 3. The development permit issued on said certificate expires, terminates or is cancelled under the provisions of this title. The department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The department shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County assessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate. B. Development Permit and Building Permit Expiration. A development permit shall automatically expire and be terminated when: 1. A new or modified development permit is issued for the parcel or parcels affected; or 2. The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof, unless a longer time is specified in the approval itself; or 3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself; Provided, that prior to termination and expiration of a development permit under subsections (B)(2) and (3) of this section, the administrative official shall give written notice to the applicant at his last known address, and to the owner of record as shown on the Yakima County assessor's parcel index file, that the development permit is about to expire. Such notice shall be made by mail at least forty-five days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiration. Should the development permit expire, the administrative official shall take administrative action to reflect cancellation of the permit in the official records of the department. The department shall send a written permit expiration notice by mail to the permit applicant and the owner of record as shown in the Yakima County assessor's parcel index, together with a notice that further work or action shall not proceed. C. Extension of Any Approved Development Permit and/or Certificate of Zoning Review. A valid certificate of zoning review and/or a valid development permit may be extended one time only for up to one additional year by action of the administrative official. Requests for extensions shall be in writing to the department and shall be accompanied by the previously approved final general or detailed site plan showing the location and size of any development or work already completed on the project. The administrative official shall review the application without public notice or hearing and issue the decision within ten days from the receipt of the completed application. The administrative official may: 1. Approve the extension; 2. Approve the extension with conditions to assure the work will be timely completed; or 3. Disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The administrative official shall mail his decision to the applicant and shall specify his decision as final unless appealed under the provisions of YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 48, 1993; Ord. 3019 §§ 46, 47, 1987; Ord. 2947 § 1 (part), 1986). 15.12.070 Certificates of occupancy required at discretion of administrative official. A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Yakima urban area comprehensive plan, and the public welfare and interest. B. Certificate of Occupancy May Be Required. There is a condition of approval for the issuance of any development permit or certificate of zoning review or any other permit or approval under this title. The administrative official and department, when engaged in administrative modification review under YMC Chapter 15.17, may require or specify that the approved use or occupancy of the structure or land may not occur without the issuance of a certificate of occupancy issued by the administrative official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the administrative official any use or occupancy of the property or structures, in whole or in part, without the issuance of a certificate of occupancy is a violation of this title and is punishable under the provisions of YMC Chapter 15.25. C. Procedures. The administrative official may perform interim and final inspection of the development at his own initiative, but shall do so within five days of any request made by the permit holder. The administrative official is authorized to conduct interim and final inspections of the development and may coordinate such inspections with the inspections required by other applicable codes and regulations. D. Temporary Occupancy Prior to Completion. The administrative official may authorize temporary occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he finds that all the following conditions are met: 1. The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder; 2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time; 3. Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this title and the Yakima urban area comprehensive plan; 4. Security for the completion of required improvements and terms and conditions of approval has been made in accordance with YMC 15.12.080 for any public improvements associated with the development; and 5. The development complies with minimum life and safety codes and the building official has declared the development safe for use. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.12.080 Performance assurance. A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improvements imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion. B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of any development permit or certificate of zoning review, or any other permit or approval issued under this title, the administrative official may require security for the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement. The estimate of the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement will be reviewed and/or calculated by the city/county engineer or a designee. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit. C. Forms of Security. The applicant may provide security in the form of one or more of the following: 1. A cash security deposit; 2. A bond; or 3. A deed of trust/mortgage on the subject property or other property; Provided, however, that the quality, sufficiency, amount, and exact form of the security, are subject to the approval and satisfaction of the city/county engineer and administrative official. Whenever any security is provided by an applicant it shall state directly or by reference all the following provisions: 1. The improvements or performance secured; 2. A date or dates of required compliance; 3. The amount of the security; 4. That the security is in favor of the city of Yakima/Yakima County; and 5. That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided. D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section, a written agreement shall be made and signed by the administrative official on behalf of the city/county. Security deposits shall be made directly to the administrative official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and type of account, and any interest earned thereon shall accrue to and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit. If the improvements or performances secured by the deposit are not timely completed, the administrative official shall notify the applicant in writing, stating: 1. The nature of the noncompliance and the action necessary to correct the same; and 2. The amount of time in which the applicant has to take corrective action; and 3. That if corrective action is not completed within the time specified the city/county will apply the funds in the security deposit in order to effect compliance. If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official, the city/county shall, through its representatives, take whatever action that the city/county deems necessary. In addition, the city shall perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant. E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official. F. Deeds of Trust. Security provided in the form of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or performance secured by the deed of trust are not completed, the administrative official shall notify the applicant in writing, stating: 1. The nature of the noncompliance and the action necessary to correct the same; 2. The amount of time in which the applicant has to take corrective action; and 3. That if corrective action is not completed within the time specified the city/county will take corrective action itself and/or foreclose the deed of trust. On failure of the applicant or permit holder to complete corrective action within the time specified, the city/county may, at its option and through its designated representatives, either: a. Take action necessary or convenient to perform or complete the events secured by deed of trust, and thereafter institute foreclosure of the deed of trust in any manner allowed by law; or b. Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law. G. Partial Releases. An applicant may request a partial release of any security provided under this section based on partial completion or compliance with the events secured. If the administrative official determines that partial release is warranted, he may cause a partial release of security in an amount deemed by him to be appropriate. H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible for all costs incurred by the county/city in causing completion of the events secured by any security provided for under this section. If, after fully applying the security, a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney's fees necessary to collect the same. I. Administration. The administrative official is authorized to sign documents and otherwise administer securities under the provisions of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 48, 1987; Ord. 2947 § 1 (part), 1986). Chapter 15.13 TYPE (1) REVIEW Sections: 15.13.010 Purpose. 15.13.020 When required. 15.13.030 Development permit application—Type (1) review. 15.13.040 Review procedures. 15.13.050 Approval. 15.13.060 Denial. 15.13.070 Appeals. 15.13.010 Purpose. This chapter establishes procedures for issuance of a development permit for uses requiring Type (1) review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.13.020 When required. Class (1) uses not requiring Type (2) or (3) review are permitted; provided, that district standards are met. The administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1) uses and associated site improvements for compliance with the provisions and standards of the zoning district in which they are located. Class (1) uses require Type (2) review when: A. All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes, is in the floodplain or greenway overlay districts; B. All or part of a development is in the airport overlay (AO); C. All or part of a development is in an institutional (10) or master planned development overlay (PD) and is identified in a development agreement as requiring Class (2) approval; D. The proposed use includes hazardous material; E. The applicant requests adjustment of one or more of the specific development standards pursuant to YMC 15.10.020; or F. All or part of the development requires a development plan and/or master plan. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 49, 1987; Ord. 2947 § 1 (part), 1986). 15.13.030 Development permit application—Type (1) review. Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to the administrative official on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.040 shall accompany the application. The administrative official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.13.040 Review procedures. The administrative official shall review all Class (1) uses for compliance with this title. The administrative official shall forward all Class (1) uses requiring Type (2) review under YMC 15.13.020 to the planning department for processing under YMC Chapter 15.14. The administrative official shall notify the applicant of the approval or denial of the application, request additional information, or forward the application to the department for review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.13.050 Approval. The administrative official shall issue a development permit when it has been determined that: A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04; B. That the proposed development complies with the standards and provisions of this title; C. That the proposed development complies with other building codes in effect and administered by the administrative official; D. That proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and E. That any new improvements or expansions of a structure comply with the standards of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 50, 1987; Ord. 2947 § 1 (part), 1986). 15.13.060 Denial. When an application is denied, the administrative official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial is based. The administrative official may also refer the applicant to the department to determine if relief from such denial is available through other application. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.13.070 Appeals. Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be appealed to the hearing examiner under the provisions of YMC 15.16.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.14 TYPE (2) REVIEW Sections: 15.14.010 Purpose. 15.14.020 When required. 15.14.030 Application for Type (2) review. 15.14.040 Review procedures. 15.14.050 Notification of final decision. 15.14.060 Issuance of a certificate of zoning review. 15.14.070 Appeals. 15.14.010 Purpose. This section establishes procedures for issuance of a certificate of zoning review for uses requiring Type (2) review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.14.020 When required. Type (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Type (2) review in YMC 15.13.020; and for other specific reviews established by this title. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, when one of the following occurs: A. In the opinion of the administrative official, formal public review and comment on a proposal will assist in determining necessary and proper mitigation of impacts; B. SEPA environmental review of the proposal indicates potentially significant environmental impacts that could prompt a higher type of review; C. The application has more than three associated land use decisions to be considered; or D. The proposed land use request has a development or master plan required by the size of the proposal or the administrative official has determined one is necessary. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.14.030 Application for Type (2) review. Applications for certificates of zoning review for Class (2) uses shall be made in writing to the planning department on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.040 shall accompany the application for Type (2) review. The planning department shall forward the application and site plan to the administrative official for review. The administrative official may request any additional information under the provisions of YMC 15.11.020(B). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.14.040 Review procedures. Upon receipt of a completed application for a Class (2) use, the administrative official shall proceed as follows: A. Preliminary Decision. Within seven days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development should be approved, approved with conditions or denied. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title. If additional information is required by the administrative official, the preliminary decision on the application shall be made within seven days of receipt of the additional information. B. Notification of Adjacent Property Owners. When the administrative official's preliminary decision is to approve the application, or approve with conditions, the administrative official shall, within five days, forward a notice of application to all landowners within three hundred feet of the exterior boundaries of the development site. 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. The administrative official may also, but is not required to, solicit comments from any other person or public agency the administrative official feels may be affected by the proposal. C. Administrator's Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions: 1. Approve the site plan and issue a certificate of zoning review; 2. Establish conditions for approval, or require other changes in the proposed site plan; 3. Authorize adjustment in the basic design standards in accordance with the provisions of YMC Chapter 15.10; 4. Request additional or more detailed information, including but not limited to a written development plan or master plan or other similar documents for development; 5. Refer the site plan to the hearing examiner for review, public hearing and decision; or 6. Disapprove the site plan. A request by the administrative official for additional or more detailed information shall be made within seven days from the end of the comment period. D. Conditional Approval. The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title. E. Findings and Conclusions. The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title, upon which the administrative official's decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the administrative official's decision complies with the policies of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2010-31 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 51, 1987: Ord. 2947 § 1 (part), 1986). 15.14.050 Notification of final decision. The administrative official's final decision shall be issued within seven days from the end of the comment period, or, if additional information was requested, within seven days from the date the administrative official received the information. The administrative official shall mail any other findings and decision to the applicant and to other parties receiving initial notice not later than three working days following the issuance of the final decision. The administrative official shall also specify that the decision is final unless appealed to the hearing examiner. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 52, 1987; Ord. 2947 § 1 (part), 1986). 15.14.060 Issuance of a certificate of zoning review. No use requiring Type (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2008-46 § 1 (part), 2008). 15.14.070 Appeals. Decisions by the administrative official under Type (2) review may be appealed to the hearing examiner in accordance with YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.15 TYPE (3) REVIEW Sections: 15.15.010 Purpose. 15.15.020 When required. 15.15.030 Application for Type (3) review. 15.15.040 Review procedures. 15.15.050 Notice of examiner's decision. 15.15.060 Issuance of a certificate of zoning review. 15.15.070 Appeals. 15.15.010 Purpose. This chapter establishes procedures for issuance of a certificate of zoning review for uses requiring Type (3) review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.15.020 When required. Type (3) review is required for any proposed use shown on Table 4-1 as a Class (3) use or for Class (2) uses referred by the administrative official for Type (3) review, and for other specific reviews established by this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.15.030 Application for Type (3) review. Applications for certificates of zoning review for Class (3) uses shall be made in writing to the planning department on forms supplied by the department. A detailed site plan conforming to the provisions of YMC 15.11.050 shall accompany the application for Type (3) review. The planning department shall forward the application and site plan to the hearing examiner for review. The planning department or hearing examiner may request any additional information necessary to clarify the application or determine compliance with this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.15.040 Review procedures for Type (3). The following procedures will be followed for the review of Class (3) uses: A. Report of Planning Department. The planning department shall distribute copies of the site plan to other affected departments, agencies, and jurisdictions for review and comment and shall coordinate and assemble the comments received. These comments shall be included in a report prepared by the department summarizing the proposal and stating the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing, copies of the planning department's report shall be filed with the examiner, mailed to the applicant, and made available for public inspection. B. Public Hearing. The planning department shall be responsible for assigning a date for, and assuring due notice of, a public hearing for each application. Notice of the time and place of the public hearing shall be given as provided for in Table 11-2. The hearing examiner shall hold at least one public hearing prior to rendering any decision. The applicant shall appear in person or by agent or attorney. Failure to do so may constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person or by agent or attorney, or may submit written documents. C. Examiner's Decision. Within ten days of the conclusion of a hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The hearing examiner may approve, deny, or conditionally approve the proposal. D. Conditional Approval. The hearing examiner may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title. E. Findings and Conclusions. The hearing examiner shall prepare written findings and conclusions stating the specific reasons and citing the specific chapters and sections of this title upon which his/her decision to approve with conditions or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the hearing examiner's decision complies with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 49, 1993; Ord. 2947 § 1 (part), 1986). 15.15.050 Notice of examiner's decision. Copies of the examiner's decision shall be sent by certified mail to the applicant. Copies of a "summary of decision" will be sent by regular mail to other parties of record in the case not later than three working days following the rendering of a written decision by the examiner. Copies of the complete decision or summary decision will be made available upon request. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 50, 1993: Ord. 2947 § 1 (part), 1986). 15.15.060 Issuance of a certificate of zoning review. No use requiring review by the hearing examiner shall be entitled to a development permit until and unless the hearing examiner approves a final site plan and authorizes issuance of a certificate of zoning review. The certificate of zoning review is not a building or development permit, and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.15.070 Appeals. Decisions by the hearing examiner under Type (3) review may be appealed to the legislative body in accordance with YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.16 APPEALS Sections: 15.16.010 Purpose. 15.16.020 Appeals—Where filed. 15.16.030 Appeal of the administrative official's decision. 15.16.040 Appeal of the hearing examiner's decision. 15.16.050 Legislative body action on appeals. 15.16.060 Appeal of decisions by the legislative body. 15.16.070 Effect of appeals. 15.16.080 Actions not appealable. 15.16.010 Purpose. The purpose of this chapter is to establish the procedures for appealing decisions made under the provisions of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.16.020 Appeals—Where filed. All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the department. The department shall forward the appeal to the appropriate administrative official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.16.030 Appeal of the administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any aggrieved person or agency directly affected by any decision of the administrative official or designee may appeal that decision to the hearing examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrative official or designee. Appeals shall be filed with the department. If a final decision does not require mailing, the appeal shall be filed within fourteen days following the issuance of the final decision. C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the department and shall be accompanied by the required fees; provided, that appeal fees should not be charged to the legislative body or a department of the city or county. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, this title, or other provisions of law. D. Notice. The department shall set a reasonable time and place for hearing of the appeal and shall notify the adverse parties of record and the official whose decision is being appealed at least ten days prior to the hearing; provided, that for the review of a decision of the administrative official made under Type (2) review, the notice prescribed for Type (2) review under this title shall be given. E. Transfer of Record. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. F. Action by the Hearing Examiner. Testimony given during the appeal shall be limited to those points cited in the appeal application except for appeals of decisions of the administrative official made under Type (2) review, in which case the appeal shall be de novo. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing, unless a longer period is mutually agreed to by the applicant and the examiner. The hearing examiner may affirm or reverse, wholly or in part, or modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant, the parties of record, and the official whose decision was appealed, not later than three working days following the issuance of the final decision. G. Decisions by the Hearing Examiner Shall Be Final Unless Appealed. Except as otherwise provided, all appeal decisions by the hearing examiner shall be final and conclusive on all parties unless appealed to the legislative body under YMC 15.16.040. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 §§ 53, 54, 1987; Ord. 2947 § 1 (part), 1986). 15.16.040 Appeal of the hearing examiner's decision. A. Appeals. The final decision of the hearing examiner on those applications listed in YMC 15.20.040(C)(1), and on appeals made under YMC 15.16.030, shall be final and conclusive unless it is appealed to the legislative body by a person aggrieved, or by any agency of the city/county, affected by the decision in the following manner. 1. The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s) that the legislative body is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal that are not so identified need not be considered by the legislative body. B. Appeal Procedures. 1. The planning department shall notify the parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit a written argument or memorandum to the legislative body within fourteen days from the date that the notice is mailed. The notice shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen -day extension of time within which written arguments or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memoranda would otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written arguments or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the examiner. 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the department shall within five days deliver to the legislative body a copy of the examiner's decision, the evidence presented to the examiner, an audio recording of the hearing before the examiner and any written argument or memorandum of authority which has been received. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 55, 1987; Ord. 2947 § 1 (part), 1986). 15.16.050 Legislative body action on appeals. A. General. When the record and the examiner's decision have been transmitted to the legislative body, the clerk of the legislative body shall schedule a date for a public meeting by the legislative body at which time the legislative body shall consider the appeal. The date of the public meeting should not be later than twenty days following the date the legislative body receives the information from the department. B. Public Notice Meeting on Appeals. The clerk of the legislative body shall mail written notice to all parties of record and the examiner to apprise them of the meeting date before the legislative body. C. Site Views. The legislative body may view the site. D. Scope of Review. Legislative body review of the facts shall be limited to evidence presented to the examiner. The legislative body may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to the material provided. E. Action on Appeal. At the public meeting the legislative body may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the examiner, or remand the matter for further consideration or for the purpose of taking and considering new factual evidence by the examiner. If the legislative body renders a decision different from the decision of the examiner, the legislative body shall adopt amended findings and conclusions accordingly. (Ord. 2008- 46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.16.060 Appeal of decisions made by the legislative body. The action of the legislative body on an appeal of the decision of the examiner shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for, in advance, the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.16.070 Effect of appeals. Filing of an appeal stays all actions of the administrative official or designee on pending applications for development permits associated with the action or decision being appealed. The filing of an appeal shall not stay the effectiveness or effective date of any enforcement action or decision for violation of this title including cancellations and revocations of permits or approvals. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 56, 1987: Ord. 2947 § 1 (part), 1986). 15.16.080 Actions not appealable. A. Generally. Only final actions or decisions of an administrative official or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by an administrative or other officer under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in YMC Chapter 15.25. No decision or action for issuance of a warning citation or criminal citation by the administrative official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any enforcement action commenced by any party in a court of law. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15.17.010 Purpose. 15.17.020 Modification to permitted development and uses regulated. 15.17.030 Exemptions. 15.17.040 Review of modifications. 15.17.050 Appeals. * Prior legislation: Ords. 3106, 93-81 and 95-13. 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Class (2) or (3) uses. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 57, 1987: Ord. 2947 § 1 (part), 1986). 15.17.020 Modification to permitted development and uses regulated. All modifications to existing or approved Class (1) uses or development shall be reviewed as a Class (1) use rather than under these modification provisions. Minor changes to existing or approved Class (2) or (3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed below, or may apply directly for review as a Class (2) or (3) use or development. Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (2) or (3) use or development. A. The modification will not increase residential density; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and G. The modification does not include hazardous materials. (Ord. 2010-16 § 14, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 58, 1987: Ord. 2947 § 1 (part), 1986). 15.17.030 Exemptions. For exemptions from the review processes, see YMC 15.01.040(A). (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 57, 1987: Ord. 2947 § 1 (part), 1986). 15.17.040 Review of modifications. A. Submittals. Applications for modification shall follow the submittal requirements for Type (1) review. In addition, for an approved Class (2) or (3) use or development, the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: a. Will not change or modify any special condition previously imposed under Class (2) or (3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning department, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision. The planning department shall issue a written decision on the modification application using the Type (1) decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied. The department shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ord. 2008-46 § 1 (part), 2008). 15.17.050 Appeals. Decisions by the planning department regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.17.060). Chapter 15.18 EXISTING USES AND DEVELOPMENT Sections: 15.18.010 Purpose and intent. 15.18.020 Continuation of existing Class (1), (2), and (3) uses. 15.18.030 Continuation of planned developments—Limitations. 15.18.040 Continuation of construction started. 15.18.050 Modifications to an existing Class (1), (2), or (3) use. 15.18.010 Purpose and intent. Within the zoning districts established by this title, or zoning district amendments that may later be adopted, uses may exist that were legally established prior to the effective date of this title. These may be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in a particular zoning district. This chapter provides for the continuation of these existing uses even though they have not been through a Type (1), (2), or (3) review process and may not conform to the development standards of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.18.020 Continuation of existing Class (1), (2), and (3) uses. A. Generally. Existing uses shall be permitted to continue provided they remain otherwise lawful. B. Continuation When an Existing Class (1), (2), or (3) Use is Damaged. Any existing use, including an existing Class (2) or (3) use, that is damaged or destroyed may be replaced as it was immediately prior to the damage, after review by the appropriate administrative official or designee; provided, that if the existing use is in a nonconforming structure, reconstruction of the structure shall occur in accordance with the provisions of YMC 15.19.060. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.18.030 Continuation of planned developments—Limitations. At the time of the effective date of this title there will exist certain uses which have previously been approved and/or constructed, in whole or in part, as planned developments under the provisions of preexisting ordinances. This section shall cover the continuation and future use, occupancy, maintenance, modification, and regulation of these special developments, and supersedes the terms and provisions of any previous ordinance authorizing or approving said developments. A. General Policy and Intent. Previously processed and approved planned developments shall be allowed to continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and planned development program. Any modifications or changes to such planned development shall, however, render the entire development subject to the provisions of this title. B. Designation of Planned Developments for the Purpose of Future Modifications. For purposes of future modifications, previously approved planned developments which would constitute and can be classified as a Class (1), (2), or (3) use under the provisions of this title shall, in conjunction with the terms and conditions of their approval, be considered and are hereby declared to be approved Class (1), (2), and (3) uses. Previously approved planned developments which by use would not be classified as a Class (1), (2), or (3) use shall be considered and are hereby declared to be nonconforming uses. C. Compliance with Terms and Conditions of Approval Required. The terms, conditions, and provisions of the site plan, planned development program, and enacting ordinance of any previously approved planned development are declared to be and shall remain in full force and effect as the binding site plan and conditions of approval for said development. Noncompliance therewith is a violation of the provisions of this title and subject to the penalties and enforcement provisions of YMC Chapter 15.25. D. Completion of Planned Developments Required Within Two Years. All previously approved planned developments which have not been fully constructed and completed in accordance with the terms and conditions of approval under the provisions of its enacting ordinance, site plan, and program, shall be fully completed and constructed in accordance with those terms, conditions, and provisions within two years of the effective date of this title. Failure to so complete any previously approved plan development shall constitute a forfeiture of all rights, privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one year by the administrative official for good cause not within the control of the applicant, developer, or owner of said planned development. Upon any forfeiture under the provisions of this subsection, all further development, including the use or occupancy of any land or structure, or the completion of any structure, is subject to full compliance with the terms and provisions of this title. E. Voluntary Dissolution of Planned Development. By mutual agreement of the administrative official and property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a previously approved planned development. Such requests for forfeiture shall be submitted in writing to the administrative official. Upon written approval by the administrative official, said planned development shall be dissolved and declared null and void. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.18.040 Continuation of construction started. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure for which there exists on the effective date of this title a valid and legally issued permit; provided, that actual construction commences during the effective period of such permit or one year from effective date of this title. Authority to proceed under this section is conditioned on all work being done lawfully and carried on diligently until completion; failure to do so shall constitute a forfeiture of such rights. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.18.050 Modifications to an existing Class (1), (2), or (3) use. Modifications to an existing Class (1), (2), or (3) use shall be made in accordance with YMC Chapter 15.17. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.19 NONCONFORMING USES, STRUCTURES AND CRITICAL AREAS* Sections: 15.19.010 Purpose and intent. 15.19.020 Illegal uses, structures and lots not permitted. 15.19.030 Establishment. 15.19.040 Development on existing Tots of record. 15.19.050 Continuation of nonconforming uses. 15.19.060 Nonconforming structures. 15.19.070 Change from a nonconforming use to a Class (1), (2), or (3) use. 15.19.080 Change from a nonconforming use to another nonconforming use—Expansion of a nonconforming use or structure. 15.19.090 Modifications of an approved site plan for a nonconforming use or structure. 15.19.100 Discontinuance of a nonconforming use or structure. 15.19.110 Sale of a nonconforming use or structure. 15.19.120 Critical area nonconforming uses and facilities. * Prior legislation: Ord. 2007-18. 15.19.010 Purpose and intent. Within the districts established by this title, or amendments that may later be adopted, there may exist lots, structures, and uses which were lawful before this title was adopted or amended, but because of the application of this title, no longer conform to the provisions and standards of the district in which they are located. This chapter provides for the regulation of these legal nonconforming lots, structures, and uses, and specifies those circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and expand. In the case of nonconformities with YMC Chapter 15.27, critical areas specific review provisions are provided under YMC 15.19.120 that shall be used in lieu of other provisions of this chapter. Except as otherwise provided, it is the intent of this title to permit legal nonconforming uses or structures to continue to exist without specific time limitations. Modifications or changes to or involving such nonconformities are subject to the provisions and policies under YMC Chapters 15.17 and 15.18. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.020 Illegal uses, structures and Tots not permitted. Structures, Tots, required site improvements, uses and/or developments not legally established or existing as of the effective date of this title retain their illegal status and must be abated or fully conform and comply with the procedural and substantive provisions of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.030 Establishment. The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the county/city. Upon request, the administrative official shall assist the property owner in locating public records that pertain to the legal status of the nonconformity. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.040 Development on existing lots of record. In any district, any permitted use or structure may be erected on any existing lot or parcel. Provided that no zero lot line, common wall, duplex, or multifamily development shall be allowed on existing Tots of record in the SR and R-1 zones unless the lot conforms to the minimum lot size requirements in Table 5-2, or the development involves the replacement or reconstruction of a damaged legally existing zero lot line, common wall, duplex or multifamily development. This section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that the setback dimensions of the structure shall conform to the regulations of the zoning district in which the lot is situated. YMC 15.05.020(B) contains additional provisions for development on nonconforming lots. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.050 Continuation of nonconforming uses. A. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of YMC 15.19.070 or 15.19.080. B. Continuation When a Nonconforming Use is Damaged or Destroyed. When a nonconforming use and associated structure are damaged, the nonconforming use may be replaced as it was prior to the damage. If the structure was also nonconforming, the structure may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming in accordance with YMC 15.19.080. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.060 Nonconforming structures. A. Generally. Any legal nonconforming structure may continue so long as it remains otherwise lawful. A nonconforming structure other than a required site improvement may be included in and/or changed as part of any development, or modification to development, subject to review and approval under the procedures and provisions of this title; provided, that nothing in this section shall authorize the expansion or change of a nonconforming structure except as otherwise provided for in this chapter. The required site improvements, parking, and signs are subject to the more specific policies on nonconforming parking and signs in YMC Chapters 15.06 and 15.08, which shall control and govern. B. Maintenance of a Nonconforming Structure. Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing. C. Reconstruction of a Nonconforming Structure. When a nonconforming structure is damaged or destroyed, the administrative official or designee shall issue a development permit allowing the structure to be rebuilt as it was immediately prior to the damage or in a manner that is less nonconforming; provided, no reconstruction of a nonconforming structure shall be performed without the issuance of a development permit by the administrative official. Applications and permits for such reconstruction shall be made in accordance with YMC Chapters 15.11 and 15.12 except that no certificate of zoning review is required. D. Proof of Compliance. The property owner shall provide the information necessary to reasonably assure the administrative official or designee that the reconstruction being authorized complies with this section. The information provided shall include, but not be limited to: 1. A general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being damaged; 2. Where a nonconforming use is involved, a written narrative describing the use or uses that existed immediately prior to damage; 3. An affidavit or certificate that the narrative and site plan accurately represent the nonconforming structure and/or use as they were immediately prior to damage. The administrative official or designee may approve reconstruction in conformance with the site plan or in a manner that is more conforming with the provisions and standards of the zoning district in which it is located. If the administrative official or designee determines that the requested reconstruction amounts to an expansion of the nonconforming structure, he shall forward the application to the hearing examiner for review under the provisions of this chapter. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.070 Change from a nonconforming use to a Class (1), (2), or (3) use. The following procedures shall be followed for changing a nonconforming use to a Class (1), (2), or (3) use: A. Change to a Class (1) Use. Application for changing a nonconforming use to a Class (1) use shall be made under the provisions of YMC Chapter 15.13, Type (1) Review. B. Change to a Class (2) Use. Application for changing a nonconforming use to a Class (2) use shall be made and reviewed under the provisions of YMC Chapter 15.14, Type (2) Review. The administrative official may approve the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district and the provisions and standards established herein. C. Change to a Class (3) Use. Application for changing a nonconforming use to a Class (3) use shall be made and reviewed under the provisions of YMC Chapter 15.15, Type (3) Review. The hearing examiner shall hold at least one public hearing on the proposed change prior to rendering a decision. The hearing examiner may approve the proposed Class (3) use when he determines it is compatible with the objectives of the Yakima urban area comprehensive plan and the purpose and intent of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.080 Change from a nonconforming use to another nonconforming use—Expansion of a nonconforming use or structure. The following procedures shall be followed to change a nonconforming use to a different nonconforming use; expand a nonconforming use throughout a structure; and/or expand a nonconforming structure or use throughout a lot or onto an adjoining lot. These procedures shall be used to expand a nonconforming structure throughout a lot; provided, a structure that is nonconforming only by reason of excessive building height or substandard setbacks, or is a nonconforming single-family dwelling, may be altered or expanded under the modification provisions of YMC 15.17.020 when the alteration or expansion: 1. Does not increase the degree of nonconformity of the structure; 2. Complies with development standards of the district in which it is located; 3. The nonconforming structure is occupied by a Class (1) or Class (2) use or is a single-family dwelling or duplex; and 4. In the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. The provisions of YMC 15.17.020 shall also be used for the reconstruction of a nonconforming single-family dwelling. A. Application. The application procedures shall be the same as those established in YMC 15.15.030 for Class (3) uses. A detailed site plan conforming to the provisions of YMC 15.11.050 shall accompany any applications required by this section. B. Public Hearing and Review. The department shall review and process the application under the provisions of YMC 15.15.040. The hearing examiner shall hold at least one public hearing. Within ten days after the public hearing, unless a longer period is agreed to on the record or in writing by the applicant, the hearing examiner shall render a written decision. C. Conditions for Approval. The hearing examiner may grant the relief requested if he finds all of the following: 1. That the expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety, or welfare; 2. That the proposed expansion, change, reconstruction, or replacement is compatible with the character of the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the provisions and the intent of the zoning district; 3. That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested; 4. That the use or structure was lawful at the time of its inception; and 5. That the value of nearby properties will not be significantly depressed by approving the requested expansion, change, reconstruction, or replacement. 6. The expansion, change, reconstruction, or replacement requested shall be denied if the hearing examiner finds that one or more of the provisions in subsections (C)(1) through (5) of this section are not met. D. Findings and Conclusions. The hearing examiner shall prepare written findings and conclusions stating the specific reasons for his decision to approve, approve with conditions, or deny the application. The findings shall include the hearing examiner's determination regarding compliance of the proposed expansion, change, reconstruction or replacement with the criteria established in subsection C of this section. The hearing examiner shall issue a certificate of zoning review in accordance with YMC 15.15.060 upon approval of an application and accompanying site plan. E. Conditional Approval. When approving a change in, or the expansion, reconstruction, or replacement of, a nonconforming use or structure, the hearing examiner may attach conditions to the proposed change, expansion, replacement, reconstruction, or any other part of the development, in order to assure that the development is improved, arranged, and screened to be compatible with the objectives of the Yakima urban area comprehensive plan, this title, and neighboring land uses. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.090 Modifications of an approved site plan for a nonconforming use or structure. Site plans approved for the change, expansion, reconstruction, or replacement of a nonconforming use or structure may be modified under the provisions of YMC Chapter 15.17. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.100 Discontinuance of a nonconforming use or structure. A nonconforming use or structure shall become discontinued when it is: A. Succeeded by a Class (1), (2), or (3) use; B. Succeeded by another use or structure that is less nonconforming; C. Discontinued and not reestablished within eighteen months, unless an extension is granted by the administrative official upon proper application. Denials of such requested extensions may be appealed in the same manner as Class (2) decisions under YMC Chapter 15.14; or D. Damaged and application for rebuilding or replacement is not made within eighteen months of such damage or resolution of court litigation or insurance settlement. When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus loses its status as a legal nonconforming use. Any subsequent use shall conform to the provisions of the use district in which it is located. (Ord. 2008-46 § 1 (part), 2008: Ord. 98-57 § 1 (part), 1998: Ord. 3019 § 63 (part), 1987: Ord. 2947 § 1 (part), 1986). 15.19.110 Sale of a nonconforming use or structure. Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or use of a nonconforming structure. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.19.120 Critical area nonconforming uses and facilities. With respect to critical areas, as provided under YMC 15.27.320, they are classified as either conforming uses with nonconforming structures or areas, or as nonconforming uses, as described in subsection A of this section. Both types have different review processes and decision criteria, as provided below in subsections B and C of this section. A. Classification Criteria. There may be situations that do not conform to the standards or regulations. These situations are characterized as: 1. Nonconforming Uses. Uses of a structure or land that were lawfully established at the time of their initiation but are currently prohibited by YMC Title 15 are nonconforming uses, and may utilize structures or land areas that are also nonconforming. A nonconforming use that is discontinued for any reason for more than one year shall have a presumption of intent to abandon, shall not be re-established, and shall lose its nonconforming status unless a variance or administrative adjustment is obtained to extend the length of time based on documentation showing that an intent to abandon did not exist during the period of discontinuance. Such a variance or administrative adjustment request may be submitted after the deadline has passed. In the case of destruction or damage where reconstruction costs exceed fifty percent of the assessed value, the structure shall not be rebuilt. 2. Conforming Uses with Nonconforming Structures or Areas. These are structures or areas for conforming uses that were lawfully established at the time of their initiation, but currently do not conform to the bulk, dimensional, or other development standards. Structures or areas in locations approved under a permit shall not be considered nonconforming. Nonconforming outdoor areas that have not been used or maintained for five consecutive years shall lose their nonconforming status and may not be reestablished. 3. Ordinary Care Required. Any nonconforming structure, area, or use may be maintained with ordinary care according to the provisions in YMC 15.27.140, 15.27.303, and 15.27.304, and does not require additional review under these nonconforming provisions. B. Process. 1. Alterations to Conforming Uses with Nonconforming Structures or Areas. These uses shall be allowed under the following process requirements with the understanding that other permits or reviews may also be required under this title: a. Those that do not increase the existing nonconformity and otherwise conform to all other provisions are allowed without additional review under these nonconforming provisions. b. Those that increase the nonconformity, including establishing additional square footage within a buffer, are allowed without additional review under these nonconforming provisions; however, an adjustment must be obtained for the increased nonconformity. c. Reconstruction or repair of a structure damaged Tess than seventy-five percent of the assessed value shall be processed as provided in subsections (B)(1)(a) and (b) of this section. d. A nonconforming structure which is moved any distance shall be processed as provided in subsections (B)(1)(a) and (b) of this section. e. Reconstruction or repair of structures destroyed or damaged seventy-five percent or more of the assessed value of the structure (not the whole property), including that resulting from neglect of maintenance or repair, shall be processed under these nonconforming provisions as a Type (2) review under this title. 2. Alterations to Nonconforming Uses. a. Alterations to nonconforming uses involving expansion or alteration within an existing structure, but not including alterations to outdoor areas or expansions of the building's height or square footage, are allowed without additional review under these nonconforming provisions. b. Alterations to nonconforming uses, including their nonconforming structures or areas that do not qualify under subsection (B)(2)(a) of this section, shall be processed under these nonconforming provisions as a Type (2) review, as provided by this title. C. Decision Criteria. Decisions on projects that require review under the nonconforming provisions, as identified under subsection (B) of this section, shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below: 1. Decisions on Nonconforming Structures. Applications for conforming uses with nonconforming structures or areas that are subject to subsection (B)(1)(e) of this section, shall not be approved unless a finding is made that the project meets all of the following criteria: a. Using the original location will not place the structure or people in danger of a hazard; b. The previous structure and any structural shore modification used to protect the structure did not increase hazards or damage to other properties; and c. The previous structure and any shore modification used to protect the structure did not cause significant impacts to the functions and values of the critical area. 2. Decisions on Nonconforming Uses. A nonconforming use may not be altered or expanded in any manner that would bring that use into greater nonconformity. (Ord. 2008-46 § 1 (part), 2008). Chapter 15.20 ADMINISTRATION Sections: 15.20.010 Purpose. 15.20.020 Administrative official—Duties and powers. 15.20.030 Planning department—Duties and powers. 15.20.040 Hearing examiner—Duties and powers. 15.20.050 City of Yakima planning commission. 15.20.060 Legislative body. 15.20.070 No personal liability for acts or omissions. 15.20.080 Coordination with county/city. 15.20.090 Entrance onto private property. 15.20.100 Statement of zoning district by city or county officials/reliance limited. 15.20.110 Computation of time. 15.20.010 Purpose. The purpose of this chapter is to define the responsibilities and requirements for the administration, enforcement, and interpretation of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.20.020 Administrative official—Duties and powers. A. Office Established. The administrative official or his designee shall be that person designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. B. Authority and Duties. The administrative official shall have the following powers and responsibilities: 1. Receive, examine, and process applications for Class (1) uses; 2. Issue development permits for Class (1) uses in compliance with the provisions of this title. Development permits for uses requiring review and approval by the administrative official or hearing examiner shall be issued only after receipt of a certificate of zoning review from the administrative official; 3. Receive, review, and adjudicate all site plans requiring Type (2) review; 4. Receive, review, and decide applications for temporary hardship unit permits, basic design standard adjustments, and any other application for permit or approval assigned to him under the provisions of this title; 5. Perform any other function or duty authorized or assigned to him under this title; 6. Conduct inspections to determine compliance or noncompliance with the terms of this title; 7. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application; 8. Stop, by written order, work being done contrary to the development permit or to this title. Such written order, posted on the premises involved, shall not be removed except by order of the building official. Removal without such order shall constitute a violation of this title; 9. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful conversion, construction, reconstruction, alteration, occupancy, maintenance, use, repair, or erection of a structure or land; and/or restrain, correct, or abate such violation; and 10. Perform any other act or duty authorized or assigned to him under the provisions of this title. All decisions of the administrative official shall be final unless appealed to the hearing examiner under YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.20.030 Planning department—Duties and powers. A. The planning department shall have the following powers and responsibilities: 1. Issue certificates of zoning review under the provisions of this title; 2. Receive, record and file all applications for permits, approvals or other action, including Class (2) and (3) review, and applications for appeals, interpretations, variances and rezones; 3. Review and decide modifications to approved Class (2) and (3) uses and existing Class (1), (2) and (3) uses under the provisions of Chapter 15.17 YMC; 4. Provide staff support to the city of Yakima planning commission on all long-range planning matters, proposed ordinance amendments, and rezone applications; 5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body; 6. Provide staff support to the hearing examiner, city of Yakima planning commission, and legislative body; 7. Perform any other act or duty authorized or assigned to it under the provisions of this title; 8. Maintain the official index of all permits and approvals under this title. (Ord. 2011-12 § 8, 2011: Ord. 2010-22 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.20.040 Hearing examiner—Duties and powers. A. Office. The office of the hearing examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term "hearing examiner" as used herein shall include deputy examiners and examiners pro tem. The hearing examiner shall be jointly hired and appointed by the city of Yakima and Yakima County. B. Authorities and Duties. The examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions. 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.040: a. Type (3) review decisions; b. Variance requests; c. Home occupations; d. Revocation proceedings under YMC Chapter 15.24; e. Nonconforming uses; f. Appeals of decision by the building official or administrative official; and g. Any other authorized decision not expressly listed in subsection (C)(2) of this section. 2. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body; provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission. (Ord. 2011-12 § 9, 2011: Ord. 2010-22 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.050). 15.20.050 City of Yakima planning commission. A. Establishment and Jurisdiction. The city planning commission is organized under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative bodies on long-range planning matters. B. Authority and Duties. 1. As the long-range planning body for the city of Yakima, the city planning commission shall monitor the growth and development of the city of Yakima and continually reevaluate and recommend revisions to the city of Yakima comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the joint board at least once every five years commencing on the date of enactment of this title. This five-year report shall: a. Analyze the extent to which development has actually occurred in the city of Yakima and evaluate this title in terms of its ability to guide growth in conformance with the city of Yakima comprehensive plan; b. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Yakima urban area over the next twenty years; c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review; 5. Advise the legislative body on land use matters; 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner; and 7. Perform any other function authorized by law. (Ord. 2011-12 § 10, 2011: Ord. 2010-22 § 6, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.060). 15.20.060 Legislative body. The legislative body shall have the following authority and duties: 1. Decide appeals from the hearing examiner as specified in YMC Chapter 15.16; 2. Amend this title through the procedures outlined in YMC Chapter 15.23; 3. Amend the Yakima urban area comprehensive plan; and 4. Perform any other act or duty authorized by law. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.070). 15.20.070 No personal liability for acts or omissions. Each person responsible for the enforcement or administration of this title and each official responsible for making any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsibilities. If the person or member is sued for acts or omissions occurring in good faith discharge of his or her responsibilities, the county/city shall defend and provide legal representation of the person or member until final disposition of the proceedings. The county/city shall reimburse the person or official for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his or her duties. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.080). 15.20.080 Coordination with county/city. A. Purpose. While this title is enacted and administered separately by the city of Yakima/Yakima County, it constitutes a significant joint planning effort and the furtherance of jointly developed and adopted land use policies and ordinances by the city of Yakima and Yakima County within the Yakima urban growth area. The purpose of this section is to encourage and to authorize officials performing duties and responsibilities under this title to solicit and consider comments from the other entity and to authorize the recognition of the joint nature of this title as a factor in decision making. B. Coordinated Administration. Any official performing duties or responsibilities under the provisions of this title may solicit, receive, and consider comments by the county/city on any interpretive, administrative, enforcement, permit or approval, or other decision under the terms of this title. Uniform and coordinated administration, enforcement, and decision making under the terms of this title between the city of Yakima and Yakima County is declared to be a significant policy/goal of this title and may be considered as a factor in any interpretive, administrative, enforcement, quasi-judicial, or legislative decision under the provisions of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.090). 15.20.090 Entrance onto private property. The department and any administrative official, or their authorized representatives, shall have the right of entry onto any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or required under the provisions of this title, for the purpose of inspecting and reviewing the premises in question. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.100). 15.20.100 Statement of zoning district by city or county officials/reliance limited. Any person wishing to know and inquire of the county/city as to the official zoning district classification allowed by this title for a specific parcel of property may submit a written request for such information to the appropriate department on forms prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel involved. The department shall respond to such requests and designate, if possible, the official zoning classification of such property. No person, contemplating the sale or purchase of any property, nor any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written representation of zoning district classification by any county/city employee or official except when an official statement of zoning classification is issued in writing under the provisions of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.110). 15.20.110 Computation of time. In computing any period of time prescribed or allowed by this title, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.120). Chapter 15.21 VARIANCES Sections: 15.21.010 Purpose. 15.21.020 Application. 15.21.030 Criteria for variance approval. 15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts. 15.21.050 Public hearing by the hearing examiner. 15.21.060 Action by the hearing examiner. 15.21.070 Notice of examiner's decision. 15.21.080 Appeals. 15.21.010 Purpose. The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title; provided, such variance would not be contrary to the public interest, and the strict application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the property. It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the property. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.020 Application. A written application requesting a variance shall be submitted to the department under the applicable provisions of YMC Chapter 15.11. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.030 Criteria for variance approval. A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public interest, is not self-created, and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant must clearly establish and substantiate that the request for variance conforms to all the requirements and standards listed below: A. That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; B. That granting the variance will not permit the establishment of any use not permitted in a particular zoning district; C. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstances or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure; D. That an unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self- created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property in question, and evidence of variance granted under similar circumstances shall not be considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance; E. That granting of the variance is necessary for the reasonable use of the land or structure; and F. That the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 64, 1987: Ord. 2947 § 1 (part), 1986). 15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts. When considering a variance in a floodplain or airport overlay, the hearing examiner shall consider, in addition to the conditions in YMC 15.21.030, all technical evaluations, standards applying to the overlay district, and: 1. The danger to life and property due to flooding or airport conflicts; 2. The importance of the services provided by the proposed use to the community; 3. The necessity to the facility of a waterfront or airport location; 4. The availability of alternative locations for the proposed use which are not subject to flooding or airport hazards; 5. The compatibility of the proposed use with existing and anticipated development; and 6. The relationship of the proposed use to the airport master plan and floodplain management program. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.050 Public hearing by the hearing examiner. A public hearing shall be held and notice provided under the provisions of YMC Chapter 15.11. The applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may submit written comments or appear in person, by agent or attorney. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.060 Action by the hearing examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in the record or in writing by the applicant, the hearing examiner shall file a written decision that shall include the following considerations: 1. The testimony at the public hearing; 2. The extent to which the proposed variance is in compliance with the requirements of YMC 15.21.030 and 15.21.040, if applicable; 3. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land or structure; and 4. The consistency of the variance with the general purpose and intent of this title. The hearing examiner may attach conditions to the approval of a variance to minimize the impacts of such approval on the neighborhood. The application for a variance shall be denied if the hearing examiner finds that one or more of the provisions of YMC 15.21.030 are not met. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.070 Notice of examiner's decision. Copies of the examiner's decision shall be mailed to the applicant and to other parties of record not later than three days following the filing of the decision. "Parties of record" shall include the applicant and all other persons who specifically request notice of the decision by signing a register provided for such purpose at the public hearing. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.21.080 Appeals. Hearing examiner decisions may be appealed to the legislative body in accordance with YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.22 INTERPRETATIONS Sections: 15.22.010 Purpose. 15.22.020 Written request for interpretation. 15.22.030 Review by the hearing examiner. 15.22.040 Notice of examiner's decision. 15.22.050 Use interpretations. 15.22.060 Interpretations of zoning district boundaries. 15.22.070 Appeals. 15.22.010 Purpose. The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map that it incorporates, and the rules and regulations adopted pursuant to it. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.22.020 Written request for interpretation. A written request for interpretation of any provision of this title, use or nonuse, the zoning map, or any rule or regulation adopted pursuant to this title, shall be submitted to the department. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 52, 1993: Ord. 2947 § 1 (part), 1986). 15.22.030 Review by the hearing examiner. The department shall, within five days of the receipt of any request for interpretation, forward all applications for interpretation to the hearing examiner for decision. The hearing examiner may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment. In addition, the hearing examiner may, at his sole discretion, schedule and hold a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpretation shall be mailed to the person requesting the interpretation and published once at least ten working days prior to the hearing. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 65, 1987: Ord. 2947 § 1 (part), 1986). 15.22.040 Notice of examiner's decision. A. The hearing examiner shall mail a written copy of his interpretation to the applicant, the Yakima County planning department, the city of Yakima department of community and economic development, and their respective administrative officials. Such notice shall be provided within thirty days from the date of his receipt of an application for interpretation or such longer period of time as may be agreed to by the applicant. B. The hearing examiner shall clearly state the analysis and reasons upon which any interpretation is based and, if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in YMC 15.22.050. C. The department shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.22.050 Use interpretations. The following conditions shall govern the hearing examiner in issuing use interpretations (see YMC 15.04.040): A. No use interpretation shall vary the location or review requirements of any use listed in Table 4- 1 or home occupation listed in Table 4-2. B. No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. C. The following conditions shall govern the administrative official in making use interpretations for the State Fair Park (see YMC 15.04.200): 1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise identified in YMC 15.04.200(B) is consistent with or similar to those listed prior to issuance of development permits. Such determination shall be made for the record in a written interpretation. 2. If the administrative official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within State Fair Park special definitions, the interpretation question may be referred to the hearing examiner as provided in this chapter. 3. Uses found by the administrative official or hearing examiner to be consistent with or similar to those special definitions of YMC 15.04.200(B) shall be subject to the appropriate permit review process and development standards (see YMC 15.05.020(1)). A use not found to be consistent with or similar to those uses may be considered by the hearing examiner as an unclassified use within the GC district (see YMC 15.04.040). (Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 6, 2005; Ord. 3019 § 66, 1987: Ord. 2947 § 1 (part), 1986). 15.22.060 Interpretations of zoning district boundaries. The hearing examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The hearing examiner shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map, boundaries shown as following or approximately following: A. City limits, platted lot lines or section lines, half -section lines, or quarter -section lines shall be construed as following such lines. B. Streets shall be construed to follow the centerlines of such streets. C. Railroad lines shall be construed to lie midway between the railroad lines' main tracks. D. Shorelines of lakes, rivers, and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline. E. The centerline of streams, rivers, lakes, or canals shall be construed as following such centerlines. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning boundary shall be construed as moving with the channel centerline. Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.22.070 Appeals. The hearing examiner's decision on an interpretation may be appealed under YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.23 AMENDMENTS AND REZONES Sections: 15.23.010 Purpose. 15.23.020 Text amendments. 15.23.030 Rezones—Zoning map amendments. 15.23.040 Appeals. 15.23.050 Classification of annexed lands. 15.23.010 Purpose. From time to time, a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals, policies, and intent of the Yakima urban area comprehensive plan. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.23.020 Text amendments. A. Initiation. An amendment to the text, standards, procedures or other provisions of this title may be initiated by action of the legislative body with jurisdiction or the city planning commission. B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with jurisdiction after a recommendation thereon from the city planning commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 35.63 as it now exists or is hereafter amended. (Ord. 2010-22 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.23.030 Rezones—Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the city of Yakima planning commission; or 2. A rezone application filed by the property owner(s). B. Application. All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of YMC 15.11.080. The application shall include the information required in YMC 15.11.030 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning department shall forward the application to the hearing examiner or city of Yakima planning commission for public hearing and review; provided, that rezone applications initiated by the city or county to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of YMC 15.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the hearing examiner or city of Yakima planning commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and 7. The public need for the proposed change. Notice of the hearing examiner's or the city of Yakima planning commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the city of Yakima planning commission on rezone applications shall constitute a recommendation to the legislative body. E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the city of Yakima planning commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the city of Yakima planning commission's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner, the city of Yakima planning commission, or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in YMC 15.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection E of this section. F. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 2011-12 § 11, 2011: Ord. 2010-22 § 8, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 67, 1987: Ord. 2947 § 1 (part), 1986). 15.23.040 Appeals. The decision of the legislative body shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of reviewing the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.23.050 Classification of annexed lands. The zoning of land hereafter annexed to the city of Yakima shall not change upon annexation; provided, the city council may initiate and consider a rezone of the property proposed for annexation under this chapter and may adopt the zone change upon annexation. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.24 REVOCATION OF PERMITS OR APPROVALS Sections: 15.24.010 Authority. 15.24.020 Grounds for permit revocation. 15.24.030 Public hearing by the hearing examiner. 15.24.040 Decision by the hearing examiner. 15.24.050 Notice of examiner's decision. 15.24.060 Permit revocation not an exclusive action. 15.24.070 Appeals. 15.24.080 Violation. 15.24.010 Authority. The hearing examiner may, under the provisions of this chapter and upon petition by the administrative official or the legislative body, revoke or modify any permit, certificate of zoning review, variance, home occupation permit, temporary hardship permit, or other permit or approval previously made or granted under this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.020 Grounds for permit revocation. Such revocation or modification shall be made only on one or more of the following grounds: A. That the approval was obtained by fraud or material misrepresentation; or B. That the permit or approval is being or has been recently exercised or used contrary to the terms or conditions of such permit or approval or in violation of any other statute, ordinance, or law and the department's or administrative official's efforts have been ineffective. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.030 Public hearing by the hearing examiner. The hearing examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice of such hearing and its purpose shall be given to the permit holder and the legal title holder of the property at least ten days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the property in a conspicuous place and mailed to the last known address of the permit's applicant. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.040 Decision by the hearing examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His written decision shall include the following considerations: 1. The testimony at the public hearing; 2. The recommendations from interested agencies and departments; and 3. The grounds for permit revocation established in YMC 15.24.020. The hearing examiner may, on his own motion or upon request of the permit holder, defer the effective date of any revocation and grant the permit holder an opportunity to affirmatively demonstrate to the examiner compliance with this title or correction of any violation. The examiner may grant or impose interim terms and conditions on the approved use, construction, alteration, or occupancy of the premises covered by the permit or approval. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.050 Notice of examiner's decision. Copies of the examiner's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation no later than three days following the decision's filing. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.060 Permit revocation not an exclusive action. This chapter is completely supplemental to other provisions of this title. Provisions herein are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized under this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.070 Appeals. Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.24.080 Violation. Continued use or occupancy of land or structures after the effective date of any revocation, and with knowledge that a permit or approval has been revoked under this chapter, constitutes a special violation of this title and is punishable under YMC 15.25.020(6). (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Sections: 15.25.010 15.25.020 15.25.030 15.25.040 15.25.050 15.25.060 15.25.070 15.25.080 Chapter 15.25 VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION Violations unlawful. Criminal defense penalties. Civil penalty. Continued violations—Remedies and penalties. Persons liable. Enforcement and administration. Collection of civil penalties. Disposition of civil penalties collected. 15.25.010 Violations unlawful. Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.020 Criminal defense penalties. A. General Penalties. Any person, firm or corporation violating any of the provisions of this title; violating or failing to comply therewith; or violating or failing to comply with any order made or issued pursuant thereto (unless otherwise stated) shall for each and every violation and noncompliance respectively be guilty of a misdemeanor. Any person so convicted shall be punished for each offense by a fine of not more than five hundred dollars; imprisonment for not more than ninety days; or both fine and imprisonment; provided, that except for the violations specified in subsection B of this section and YMC 15.25.060(D), a person not previously convicted of any violation of this title and who is not convicted of more than one violation shall be punished by a fine only, not to exceed five hundred dollars. B. Special Penalty. Any person who continues to use or occupy land or structures with knowledge that a permit or approval has been revoked under YMC Chapter 15.24 shall, upon conviction thereof, be punished for each offense by a fine of not Tess than two hundred fifty dollars nor more than five hundred dollars; by imprisonment for not more than ninety days; or by both fine and imprisonment. The minimum fine imposed by this section shall not be suspended or deferred. C. Abatement. Persons convicted for violations of this title may be ordered by the court to abate any use or structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner provided by law. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.030 Civil penalty. In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per day is hereby imposed upon any person, firm, or corporation that violates the provisions of this title. Such civil penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to YMC 15.25.060(C), and shall continue until the violation is corrected. The civil penalty constitutes a personal obligation of the person or persons to whom the notice of noncompliance set forth in YMC 15.25.060(C) is in effect. The prosecuting attorney/city attorney, on behalf of the county/city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional civil penalties so long as the violation continues. If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the building official shall cause a notice of lien to be filed in the Yakima County auditor's office. Said notice of lien shall contain the legal description of the property and a copy of the notice of violation, together with proof of service of the notice of noncompliance as set forth in YMC 15.25.060(C). Upon the date of filing such notice of lien, a lien shall exist in favor of the city or county (whichever takes the action) to secure the payment of the civil penalty imposed by this title. Any person who takes or acquires any interest in said property subsequent to filing of said notice of lien shall take subject to said lien. The lien may be foreclosed by the county/city in the manner provided by law for the foreclosure of mortgages. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.040 Continued violations—Remedies and penalties. Any imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects. A. Each seven-day period in which a violation continues after the effective date for correction, as set forth in the notice of noncompliance provided in YMC 15.25.060, shall constitute a separate criminal offense unless time for correction is otherwise expressly extended in writing by the building and enforcement official, or unless otherwise stayed as authorized under this title; provided, that where the building and enforcement official has ordered any work or occupancies or where any certificate or permit of approval has been revoked or suspended, each and every day that such work or occupancy continues or is permitted to continue shall constitute a separate criminal offense. B. Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty as set forth in YMC 15.25.030, in the amount of fifty dollars per day from the date set for correction, pursuant to said provisions, until the violation is corrected. C. In addition to any criminal or civil proceedings authorized under this chapter to enforce this title, and in addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of such actions, violations of this title are declared to be public nuisances. D. The prosecuting attorney/city attorney, on behalf of the county/city and the public, may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided herein; as otherwise provided by law to enforce compliance with; or recover damages for its violation; provided, that a private person may not pursue to enforce the civil penalty as set forth in subsection B of this section and in YMC 15.25.030. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.050 Persons liable. The owners, lessees, or tenants of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or maintains after notice a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in YMC 15.25.020 and may be held jointly and severally liable in civil action brought to enforce the provisions of this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.060 Enforcement and administration. A. General. The administrative official is hereby authorized and directed to enforce the provisions of this title. The administrative official may employ, appoint, and designate such employees, representatives, or officers to act on his behalf in the enforcement of this title under such control and supervision as the administrative official may specify. Any reference herein to the administrative official shall also refer to his duly authorized representatives. The administrative official or his authorized representatives shall, either upon complaint or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city/county officers to assist the administrative official or his authorized representatives in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions. B. Entrance onto Private Property. When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the administrative official may enter onto property to inspect the same or to perform any duty imposed or authorized by this title; provided, that if such building or premises be occupied and not a public place he shall first present proper credentials and request entry, and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry. If such entry is refused, the administrative official or his authorized representative shall have recourse to every remedy provided by law to secure entry. The right of entry authorized for this section extends to any employee, officer, or person who accompanies the building and enforcement official or his authorized representatives. All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the administrative official to the property, premises, and/or structures involved during any period of construction, improvement, or change, for inspections to assure compliance with this title and any conditions of approval for such permit or approval. The administrative official may enter onto private property, premises, and/or structures during any such period of construction, improvement, or change being done pursuant to a permit or approval for such purposes; provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior to entry. C. Notice of Noncompliance. If the administrative official determines that any activity, condition, structure, or use exists that does not conform to the provisions of this title, he may issue a notice of noncompliance directed to the record owner of the property and/or to such other persons as are causing or contributing to such noncompliance. A notice of noncompliance shall contain: 1. The name and address of the record owner or other person to whom the notice of noncompliance is directed; 2. The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring; 3. A statement of the action required to be taken as determined by the administrative official and a date for correction, which shall be not Tess than three weeks from the date of service of the notice of noncompliance unless the administrative official has determined the noncompliance to be immediately hazardous; 4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against the person or persons to whom the notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues; and 5. A statement that the administrative official's determination of noncompliance may be appealed to the hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with YMC Chapter 15.16, that such appeal shall be filed with the department issuing the notice within fifteen days of service of the notice of noncompliance, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and 6. A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty. The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally, in the manner provided for by personal services of summons and complaints, or by mailing a copy of the notice of noncompliance by certified mail, postage prepaid, return receipt requested, to such person at his last known address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made. A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of YMC Chapter 15.16. The cumulative civil penalty provided for in YMC 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. For good cause shown, the administrative official may extend the date set for correction of the notice of noncompliance; provided, that such an extension shall not affect or extend the time in which an administrative appeal must be commenced, nor shall such extension be for a period of time in excess of one hundred eighty days. D. Stop Orders. If the administrative official determines that any activity is being established or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The administrative official shall prominently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered. When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the administrative official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of YMC 15.24.020. E. Citations. Whenever the administrative official determines that administrative effort to correct violations of this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceedings for such violation or violations. In addition to any other means authorized by law for initiation of criminal complaints, the administrative official has the authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The administrative official is hereby granted the authority to and shall directly file such citations in a court of competent jurisdiction, which filing shall constitute a lawful complaint for initiating a criminal charge for violation of the ordinance codified in this title. The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the appropriate jurisdiction to prosecute such cases in the name of the city/county. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 68, 1987; Ord. 2947 § 1 (part), 1986). 15.25.070 Collection of civil penalties. The administrative official and the prosecuting authority of the county/city are hereby authorized to take action to collect and/or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil penalty would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle or compromise any civil penalty in an amount deemed appropriate by such authority. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.25.080 Disposition of civil penalties collected. Any civil penalties assessed herein and collected shall be paid into the general fund of the county/city. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 15.26 LAND DEVELOPMENT FEES Sections: 15.26.010 Interest—Land development fees. 15.26.010 Interest—Land development fees. A. Intent. It is the purpose of this chapter to consolidate land development fees formerly charged under environmental checklists and statements, as well as fees for street and alley vacations, shoreline permits, and pedestrian skybridges into one chapter. Consolidation will provide easy access to related charges and create a simplified means for future fee adjustments. B. Land Use Application Fees. Land Use Permit Type 2015 City Fee Zoning Ordinance (YMC 15) Administrative adjustments $340.00 Cell Conditional Use $3,500.00 Cell Major Modification $500.00 Cell Minor Modification $300.00 Cell Standard $500.00 Cell Variance $1,500.00 Class 2 review $365.00 Class 3 review $700.00 Critical area review $200.00 Interpretation with hearing $435.00 Modification of approved use $100.00 Nonconforming use/building $280.00 Overlay districts $340.00 Planned development $560.00 Rezone (base rate) $560.00 Land Use Permit Type 2015 City Fee Shoreline permit $355.00 Variance $700.00 **Fees for zoning applications are consolidated using the highest fee only. Subdivision Ordinance (YMC 14) Binding site plan, preliminary $420.00 Final long plat, binding site plan $270.00 Final short plat $90.00 Long plat alteration or easement release $380.00 Preliminary long plat (base rate) $380.00 Preliminary short plat $340.00 Right-of-way vacation $420.00 Short plat alteration or easement release $245.00 Short plat exemption $145.00 State Environmental Policy Act (YMC 6.88) SEPA checklist $265.00 Other Applications Appeals to city council $340.00 Appeals to hearing examiner $580.00 Comprehensive plan amendment (base) $500.00 Interpretation (without hearing) $120.00 Parade and special event permit $50.00 Traffic concurrency $250.00 (Ord. 2015-036 § 7, 2015: Ord. 2011-02 § 1 (Att. A), 2011; Ord. 2005-84 § 1, 2005: Ord. 2001-76 § 2, 2001: Ord. 99-13 § 1, 1999; Ord. 98-9 § 1, 1998; Ord. 97-09 § 1, 1997: Ord. 96-19 § 1, 1996; Ord. 95-5 § 1, 1995; Ord. 94-7 § 1, 1994: Ord. 93-10 § 1, 1993). Chapter 15.27 CRITICAL AREAS* Sections: Part One. General Provisions 15.27.100 Chapter and authority. 15.27.110 Language interpretation. 15.27.120 Purpose of chapter. 15.27.130 Intent of chapter. 15.27.140 Applicability. 15.27.150 Science and protection of anadromous fish. 15.27.160 Administrative authority. 15.27.170 Severability. Part Two. Definitions 15.27.200 Definitions generally. Part Three. Application and Review Procedures Article I. General Provisions 15.27.300 Critical area development authorization required. Article II. Inquiry and Early Assistance 15.27.301 Critical area identification form and critical areas report requirements. 15.27.302 Preapplication conference. Article III. Abbreviated Review Alternatives 15.27.303 Minor activities allowed without a permit or exemption. 15.27.304 Documented exemption—Procedural requirements. 15.27.305 Documented exemptions for hydrologically related critical areas and wetlands. 15.27.306 Documented exemptions for geologically hazardous areas development authorizations. 15.27.307 Mitigation requirements. 15.27.308 15.27.309 15.27.310 15.27.311 15.27.312 15.27.313 Article IV. Review Process Application submittal. Determination of review process. Development authorization—Review procedure. Authorization decisions—Basis for action. Conditional approval of development authorization. Fees and charges. Article V. Critical Areas Reports 15.27.314 Critical area report requirements. 15.27.315 Supplemental report requirements for specific critical areas. Article VI. Permit Review Criteria 15.27.316 Standard development permit. 15.27.317 Adjustment. 15.27.318 Reasonable use exception. 15.27.319 Minor revisions to approved uses or development. 15.27.320 Nonconforming uses and facilities. 15.27.321 General critical areas protective measures. Part Four. Flood Hazard Areas Article I. Flood Hazard Areas—General Provisions 15.27.400 Flood hazard areas established. 15.27.401 Principles. 15.27.402 Applicability. 15.27.403 Documented exemptions. 15.27.404 Interpretations. 15.27.405 Compliance. 15.27.406 Warning and disclaimer of liability. Article II. Flood Hazard Protection Standards 15.27.407 General standards. 15.27.408 Specific standards. 15.27.409 Permitted uses. 15.27.410 Prohibited uses. Article III. Floodway Fringe Uses Article IV. Floodway Uses 15.27.411 Permitted uses. 15.27.412 Prohibited uses. 15.27.413 Nonconforming uses and facilities. Article V. Flood Hazard Protection Administration 15.27.414 Administration. 15.27.415 Authority. 15.27.416 Permit—Required. 15.27.417 Permit—Application. 15.27.418 Permit—Review. 15.27.419 Use of available data. 15.27.420 Limitations. 15.27.421 Permit—Expiration and cancellation. 15.27.422 Performance bonds. 15.27.423 Appeals. 15.27.424 Coordination. Article VI. Elevation and Floodproofing Certification 15.27.425 Applicability. 15.27.426 Certification form. 15.27.427 Information to be obtained and maintained. 15.27.428 Certification responsibility. Article VII. Flood Hazard Variances 15.27.429 Procedure. 15.27.430 Variance limitations. 15.27.431 Conditions for authorization. 15.27.432 Administrative official's decision. 15.27.433 Notification and final decision. 15.27.434 Power to refer decisions. 15.27.435 Appeals. 15.27.436 Federal flood hazard map correction procedures. Part Five. Fish and Wildlife Habitat and the Stream Corridor System Article I. Introduction 15.27.500 Purpose and intent. 15.27.501 Protection approach. Article II. Designation and Mapping 15.27.502 Hydrologically related critical area features. 15.27.503 Habitat and habitats of local importance. 15.27.504 Functional properties. 15.27.505 Streams, lakes and ponds typing system. 15.27.506 Wetland rating system. 15.27.507 Maps. Article III. General Development Standards 15.27.508 Prohibited uses. 15.27.509 General policies and standards. Article IV. Water Dependency Development Standards and Buffer Requirements 15.27.510 Use classifications. 15.27.511 Water -dependent uses. 15.27.512 Water -related uses. 15.27.513 Non -water -oriented uses. 15.27.514 Vegetative buffers. Article V. Land Modification Development Standards 15.27.515 Roads, railroads, and parking. 15.27.516 Utility transmission lines and facilities. 15.27.517 Shore stabilization. 15.27.518 Dredging and excavation. 15.27.519 Filling. 15.27.520 Commercial mining of gravel. 15.27.521 Reclamation. 15.27.600 15.27.601 15.27.602 15.27.603 15.27.604 15.27.605 Part Six. Wetlands Purpose and intent. Designating and mapping. Protection approach. Wetland functions and rating. Compensatory mitigation requirements. Wetland mitigation banks. Part Seven. Geologically Hazardous Areas 15.27.700 Purpose and intent. 15.27.701 Mapping and designation. 15.27.702 Geologically hazardous areas protection approach. 15.27.703 Development review procedure for geologically hazardous areas. 15.27.704 General protection requirements. Part Eight. Critical Aquifer Recharge Areas (CARA) 15.27.800 Purpose and intent. 15.27.810 Mapping. 15.27.820 Protection approach. * Prior legislation: Ord. 2008-04. Part One. General Provisions 15.27.100 Chapter and authority. This chapter is established pursuant to RCW 36.70A.060 (Growth Management Act Natural Resource Lands and Critical Areas—Development Regulations), RCW Chapter 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the National Flood Insurance Program, pursuant to Title 42 of the Code of Federal Regulations (CFR). This chapter shall be known as the "critical areas ordinance of the city of Yakima, Washington." (Ord. 2008-46 § 1 (part), 2008). 15.27.110 Language interpretation. Unless specifically defined in Part Two (YMC 15.27.200), words, phrases and terms in this chapter shall be interpreted to provide meaning and to give this chapter its most reasonable application. 1. "Shall" is mandatory; 2. "May" is discretionary and does not impose a requirement; 3. "Should" is always advisory; 4. "Include(s)" means the containment within as a subordinate part of a larger whole. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular. (Ord. 2008-46 § 1 (part), 2008). 15.27.120 Purpose of chapter. The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas within the incorporated city of Yakima and its urban growth area. (Ord. 2008-46 § 1 (part), 2008). 15.27.130 Intent of chapter. A. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood Insurance Program. Wetlands, streams, stream corridors and rivers; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas; frequently flooded areas; and geologically hazardous areas constitute the city of Yakima's critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to: 1. Preserve development options within designated critical areas where such development will result in the level of "no net Toss" of the functions and values of the critical areas; 2. Where appropriate, avoid uses and development which are incompatible with critical areas; 3. Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection; 4. Conserve and protect essential or important natural resources; 5. Protect the public health, safety, and general welfare; 6. Further the goals and policies of the Yakima urban area comprehensive plan; 7. Implement the goals and requirements of the Washington Growth Management Act (RCW 36.70A), and the National Flood Insurance Program (CFR Title 42); 8. Recognize and protect private property rights; and 9. Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of adjustment, reasonable use, and nonconforming use and facility provisions. B. The policies, standards and procedures of this chapter are not intended to: 1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; 2. Result in an unconstitutional regulatory taking of private property; 3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter, unless improvement of the buffer is needed for new development proposed on the property; 4. Presume that regulatory tools are the only mechanism for protection; or 5. Prohibit the use of valid water rights. (Ord. 2008-46 § 1 (part), 2008). 15.27.140 Applicability. A. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Yakima and its urban growth area designated as a critical area and upon any land mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the flood hazard protection provisions of Part Four of this chapter will continue to apply as determined by YMC 15.27.400 through 15.27.406: 1. Within designated critical areas, there may exist Tots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses. 2. It is the intent of this chapter to permit these pre-existing legally nonconforming uses and structures to continue until such time as conformity is possible: a. Critical areas on federally owned lands are not subject to the provisions of this chapter; b. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter; c. Mining, as defined in YMC 15.27.200, which is carried out under a Washington Department of Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply. B. The adoption and amendment dates of the relevant regulations are provided below: 1. Critical areas ordinance adopted 1998; 2. Flood hazard ordinance adopted 1981; and 3. Other rules and regulations, including the city of Yakima subdivision ordinance (YMC Title 14), the city of Yakima urban area zoning ordinance (YMC Title 15), and the buildings ordinance (YMC Title 11), shall remain in full force and effect as they apply to a designated critical area. Wherever the requirements of this chapter conflict with the requirements of the Yakima urban area zoning ordinance, the subdivision ordinance or any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply. (Ord. 2008-46 § 1 (part), 2008). 15.27.150 Science and protection of anadromous fish. This chapter has been updated consistent with the requirements for using the best available science and protection of anadromous fish as required by: A. RCW 36.70A.172, Critical Areas—Designation and Protection—Best Available Science to Be Used; and B. WAC 365-195-900 through 365-195-925, Growth Management Act—Procedural Criteria for Adopting Comprehensive Plans and Development Regulations—Part 9—Best Available Science. (Ord. 2008-46 § 1 (part), 2008). 15.27.160 Administrative authority. A. The city of Yakima community and economic development department—code administration and planning division shall be responsible for the general administration of this chapter. The director of the community and economic development department or the director's designee shall serve as the administrative official of this chapter. The administrative official shall establish procedures for implementation of this chapter. B. A written request for an interpretation of any provision of this chapter may be submitted to the administrative official. Each request shall set forth the specific provision(s) to be interpreted, and the facts of the specific situation giving rise to the request. Interpretations shall be processed in accordance with YMC Chapter 15.22, Interpretations. (Ord. 2009-42 § 1, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.170 Severability. If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 2008-46 § 1 (part), 2008). Part Two. Definitions 15.27.200 Definitions generally. Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard administration, in which case the definition only applies to that situation. "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point. "Adjacent" means to be nearby and not necessarily abutting. "Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley; where a tributary stream is near or at its junction with the main stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream and it slopes gently and convexly outward with gradually decreasing gradient. "Applicant" means a person, party, firm, corporation, or other legal entity that proposes development, construction, or use on a parcel of property. "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private or public water supply. "Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth. "Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. "Base flood," for purposes of administering Part Four, means the flood having a one percent chance of being equaled or exceeded in any given year. (See IBC Section 1612.2.) "Base flood elevation," for purposes of administering Part Four, means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum, North American Vertical Datum, or other datum specified on the Flood Insurance Rate Map. (See IBC Section 1612.2.) "Basement," for purposes of administering Part Four, means any area of the building having its floor subgrade (below ground level) on all sides. (See IBC Section 1612.2.) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, stormwater run-off devices, or other artificial watercourses except where they exist in a natural watercourse that may have been altered by unnatural means. "Bedrock" means the solid rock underlying unconsolidated surface materials. "Berm" means a mound or wall of earth material used as a protective barrier or to control the direction of water flow. "Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment. "Bioengineering" means project designs or construction methods, which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for the establishment of vegetation. "Breakwater" means a fixed or floating off -shore structure that protects the shore from the forces of waves or currents. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. "Building official" means the manager of the code administration and planning division or a designee. "Channel" means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting Zink between two bodies of water. "Classification" means value and hazard categories to which critical areas and natural resource lands will be assigned. "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a parcel of land. "Compaction" means compressing soil or other material through some mechanical means to make it denser. "Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a parcel of land. "Construction materials," for the purpose of Part Four, means all new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage. See Technical Bulletin 2-93 for qualifying materials. (FEMA Section 60.3(a)(3)(ii)) "Construction methods," for the purpose of Part Four, means all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. "Critical aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) used for potable water or areas where a drinking water aquifer is vulnerable to contamination that would affect the potability of the water. "Designated" means formal legislative action to identify and describe a critical area. "Department" means the city of Yakima department of community and economic development. "Development" means the division of land into lots or parcels in accordance with the city's subdivision ordinance (YMC Title 14), and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a parcel of land up to, but not including, "construction" as defined in this chapter. For the purpose of YMC 15.27.400 through 15.27.436, "development" also means any manmade change to improved or unimproved real estate located within a special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of equipment or material and "works" as defined in this chapter. (See IBC Section G 201.2) "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee. "Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this chapter or under a local zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits were required for such operations. "Earth material" means any rock, natural soil, organic material or combination thereof. "Enhance" means to strengthen any of the basic functional properties listed in YMC 15.27.504 that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor. "Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association, usually thirty days or less per year. The lack of any groundwater association results in a lack of distinctive riparian vegetation compared to the surrounding landscape. "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water, or ice. "Excavation" means the mechanical removal of earth material. "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. "Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. "Floodplain" means a land area adjoining a river, stream, watercourse or lake which has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered as per FEMA FIRM maps. "Floodplain" is synonymous with the one -hundred -year floodplain and means that land area is susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. "Flood -prone" means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field, such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data. "Floodproofing," for purposes of administering Part Four, means any combination of structural and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to lands, water or wastewater treatment facilities, structures and contents of buildings. "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway fringe," for purposes of administering Part Four, means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters. "Grade" means the vertical location of the ground surface. "Grade, existing" is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. "Grade, finish" is the final grade of the site which conforms to an approved plan. "Grade, natural" is the grade as it exists or may have existed in its original undisturbed condition. "Grade, rough" is a stage where grade conforms approximately to an approved plan. "Grading" means any excavation, filling, or combination thereof. "Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water -bearing formation. "Hydrologically related critical areas (HRCA)" include all those areas identified in YMC 15.27.502, which are important and deserving of protection by nature of their value for the functional properties found in YMC 15.27.504. "Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. "Intermittent stream" means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than thirty days per year. Groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. "Lake" or "pond" means an inland body of standing water. The term can include the reservoir or expanded part of a river behind a dam. "Lowest floor," for purposes of administering Part Four, means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities and is used for human occupancy as a residential dwelling. The term "manufactured home" shall include "mobile home" for regulatory purposes under this chapter. The term shall not include "recreation vehicle," "commercial coach," "camping vehicle," "travel trailer," "park trailer," "tip -out," and any other similar vehicle, which is not intended, designed, constructed, or used as a single-family dwelling. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home Tots for rent or sale pursuant to this title. "Manufactured home park or subdivision, existing" means a manufactured home park or subdivision that was completed before December 15, 1981, the effective date of the floodplain management regulations. "Minerals" mean gravel, sand, and metallic and nonmetallic substances of commercial value. "Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. (See YMC 15.27.518.) "Minor revision" includes minor changes in facility orientation or location, minor changes in structural design that do not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc.). "Native" means indigenous to or originating naturally within the city of Yakima and surrounding areas. "Natural conditions" mean those conditions which arise from or are found in nature and not modified by human intervention. "New construction," for purposes of administering Part Four of this chapter, means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. "Nonconforming structure," for purposes of administering Part Four of this chapter, means a structure which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with the applicable elevation and/or floodproofing requirements. "Nonconforming use," for purposes of administering Part Four of this chapter, means a use of land or structure which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not conform to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a new use under the terms of this chapter because the use may not be in conformance with the applicable elevation and/or floodproofing requirements. "Normal appurtenances" include: garages, decks, driveways, utilities, fences, and grading, which do not exceed two hundred fifty cubic yards. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction. "Ordinary high water mark" means a mark on lakes and streams which can be found by examining the bed and banks and ascertaining where the presence and action of waters are common and usual, and so long continued in ordinary years as to create a character mark upon the soil distinct from that of the abutting upland. "Perennial stream" means a stream that flows year-round in normal water years. "Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total development proposal. "Qualified professional" means a person with experience, training, expertise, and related work experience appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). The professional shall provide their qualifications to the administrative official to ensure the professional has the acceptable level of qualifications and experience for the relevant critical area they will be working in. "Recreation vehicle" means a vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal conditions. "Restore" means to re-establish the basic functional properties listed in YMC 15.27.504 that have been lost or destroyed through natural events or human activity with measures such as revegetation and removal or treatment of toxic materials. "Restoration" does not imply a requirement for returning the site to aboriginal or pre -European settlement conditions; but rather the return of a critical area with vegetation and addressing of any toxic materials from the date of the permit. "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents. "Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. "Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. "Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure. "Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 and the city of Yakima's current shoreline master program (definitions). "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the purpose of controlling stream undercutting, stream erosion or lake shore erosion. "Single-family residence" means a detached dwelling designed for and occupied by one family, including those structures and developments which are a normal appurtenance. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year, commonly known as the one -hundred -year floodplain. "Start of construction," for purposes of administering Part Four, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or structural part of a building, whether or not that alteration affects the external dimensions of the building. "Stream" means water contained within a channel either perennial, intermittent, or ephemeral. Streams include both natural watercourses or those modified by man (example: stream flow manipulation, channelization, and relocation of the channel). They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. "Stream corridor," as used in this chapter, means features listed and described in YMC 15.27.502. "Structure" means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height, and including gas or liquid storage tanks when located aboveground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement," for purposes of administering Part Four, means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either: 1. Before the improvement or repair is started; or 2. Before the damage occurred to a structure. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to March 4, 1986, the effective date of this title, shall be used to define "substantial improvement" for said structure. The term does not, however, include either: 1. Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Use. See "use" as defined in YMC Chapter 15.02. "Utility equipment," for the purposes of Part Four, means all electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. "Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide support for the performance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical areas as set forth in YMC 15.27.504 and 15.27.603. "Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. "Wildlife habitat" means an area of climate, soils, vegetation, relationship to water, location and/or other physical properties which are identified as having a critical importance to the maintenance of wildlife species. "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutment, projection, excavation, channel rectification, or improvement. (Ord. 2015-036 § 6, 2015: Ord. 2008-46 § 1 (part), 2008). Part Three. Application and Review Procedures Article 1. General Provisions 15.27.300 Critical area development authorization required. A. No new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in YMC 15.27.303. Exemptions, as provided for in YMC 15.27.304 through 15.27.306, shall be considered as development authorization. B. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state and/or federal permits or authorizations. Development, construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt. C. Approval of a development authorization under this chapter shall be in addition to, and not a substitute for, any other development permit or authorization required by the city of Yakima. Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction or use. D. Development authorizations issued in accordance with this chapter shall continue with the land and have no "sunset clause" unless otherwise stated in the development authorization. E. Coordination with Other Jurisdictions. 1. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the administrative official shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization, or whether a separate critical area development authorization application and review process is necessary. The decision of the administrative official shall be based upon the following criteria: a. The nature and scope of the project and the critical area features involved or potentially impacted; b. The purpose or objective of the permit or authorization and its relationship to protection of the critical area; c. The feasibility of coordinating the critical area development authorization with other permitting agency; d. The timing of the permit or authorization. 2. When a determination has been made that provisions of this chapter can be handled through another applicable development permit or authorization process, project proponents may be required to provide additional site plans, data and other information necessary as part of that process to ensure compliance with this chapter. The administrative official's decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. The administrative official may determine to accept the development authorization and/or permits from the other reviewing agencies as complete compliance with the city's critical area ordinance. (Ord. 2008-46 § 1 (part), 2008). Article II. Inquiry and Early Assistance 15.27.301 Critical area identification form and critical area report requirements. A. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present. B. Upon receipt of a critical area identification form and site plan, the administrative official or designee may conduct a site examination to review critical area conditions. The administrative official or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner. C. The administrative official or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with YMC 15.27.314 and 15.27.315, except as provided below: 1. No Critical Areas Present. If the administrative official or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required. 2. Critical Areas Present, but No Impact. If the administrative official or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland. 3. Critical Areas May Be Affected by a Proposal. The administrative official or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if: a. The administrative official is sufficiently able to determine the existence, location and type of the critical area; b. The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation; and c. The applicant agrees to provide mitigation the administrative official deems adequate to mitigate for anticipated impacts. D. Reports will generally fall into the following groups: 1. Determining the absence of a critical area; 2. Determining the existence, location and type of a critical area; 3. Determining impacts of an encroachment on a critical area and general mitigation measures; and 4. Developing a compensatory mitigation plan. E. The administrative official or designee shall base wetland boundary determinations on those criteria specified in the Washington State Wetlands Identification and Delineation Manual (1997). Wetland mitigation adequacy determination by the administrative official shall be consistent with Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). (Ord. 2008-46 § 1 (part), 2008). 15.27.302 Preapplication conference. Any new development or use falling under the provisions of this chapter may be subject to a preapplication conference. Prior to the preapplication conference, the project proponent must submit a critical area identification form and preliminary site plan. A project review for flood hazards shall follow the preapplication requirements established to administer Part Four, Flood Hazard Areas. The preapplication conference is intended to allow the administrative official or designee to: A. Establish the scope of the project and identify potential concerns that may arise; B. Identify permits, exemptions, and authorizations which the project proponent may need to obtain; C. Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization; D. Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and E. Determine whether there is a need for a preliminary site assessment. (Ord. 2008-46 § 1 (part), 2008). Article III. Abbreviated Review Alternatives 15.27.303 Minor activities allowed without a permit or exemption. This chapter shall be inapplicable to the following actions (YMC 15.27.140(B)): A. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; B. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, reroofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, wasteways, etc., is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers; C. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research; D. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation; E. Maintenance and normal work of the greenway pathway and grounds; F. Planting of native vegetation; G. Noxious weed control outside vegetative buffers identified in YMC 15.27.514; and H. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable: 1. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official; 2. No area -wide vegetation removal/grubbing. (Ord. 2008-46 § 1 (part), 2008). 15.27.304 Documented exemption—Procedural requirements. The following development activities are exempt from standard development permits, except that flood hazard exemptions shall follow the exemption procedures found in YMC 15.27.403. Exemption from this chapter shall follow subsection (F)(1) of this section, and does not under any circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense, according to YMC 15.27.521. A. Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this chapter. B. If any part of a proposed development is not eligible for an exemption, then a development permit is required for the entire proposed project. C. The burden of proof that a development or use is exempt is on the applicant. D. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development must also obtain an adjustment. E. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. F. The proponent of an exempt activity shall submit a written request for a documented exemption which states the following: 1. Why the exemption is being sought. 2. A project description that demonstrates the following: a. The sequence of activities to be conducted; b. The equipment to be used (hand or mechanical); c. The best management practices to be used; d. The efforts employed to minimize adverse impacts; and e. Restoration for disturbed areas following the activity, including mitigation for lost wetland functions. G. The administrative official or designee shall approve or deny the exemption. A formal letter of exemption shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the administrative official or designee shall notify the applicant in writing, stating the reason for denial of the exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity to a level that would justify reconsideration. H. The following activities are exempt from the standard development permit process and identified in the following locations. However, this provision does not exempt an activity from other parts, permits or reviews required under this chapter: 1. Those activities listed in YMC 15.27.305; 2. Those activities listed in YMC 15.27.306; and 3. Those activities listed in YMC 15.27.403 are exempt from the flood hazard permit requirements of Part Four of this chapter, Flood Hazard Areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.305 Documented exemptions for hydrologically related critical areas and wetlands. The following development activities are exempt from standard development permits, except that flood hazard exemptions shall follow the exemption procedures found in YMC 15.27.403: A. Construction of a single-family residence and appurtenances where the residence and appurtenances meet all requirements of the city of Yakima and do not lie within a designated critical area or buffer (see "single-family residence" and "normal appurtenances" definitions, YMC 15.27.200). Applications for development within critical areas or their buffers shall follow the procedures of YMC 15.27.317. 1. Construction shall not involve placement of fill in any wetland or at locations waterward of the ordinary high water mark; and 2. Construction authorized under this exemption shall be located landward of the ordinary high water mark; B. Single-family residence bulkheads, which include those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting the single-family residence and appurtenant structures from loss or damage by erosion. 1. Normal protective bulkheads are not exempt if constructed for the purpose of creating dry land. 2. Bioengineering options shall be considered by the administrative official or designee prior to exemption of subsections (B)(3) and (B)(4) of this section. 3. When repairing an existing bulkhead by construction of a vertical wall, it shall be constructed no further waterward of the existing bulkhead. 4. Bioengineered erosion control projects may be considered a bulkhead when the project has been approved by the Department of Fish and Wildlife; C. Normal maintenance or repair of existing structures or development, including damage by accident, fire, or elements, are exempt, but may require a building permit. (See YMC 15.27.200.) 1. Except where repair involves total replacement or causes substantial adverse effects to the environment. 2. Replacement of nonconforming uses or facilities may also be subject to YMC Chapter 15.19; D. Emergency construction for protecting property from damage by the elements. The following criteria must exist to qualify any action under an emergency provision: 1. There must be an immediate threat to life, public or private property, or the environment arising from a natural condition or technical incident. 2. The emergency response must be confined to the action necessary to protect life or property from damage. 3. The scope of the emergency response must be limited to the work necessary to relieve the immediate threat. 4. The emergency response applies only to the period of time when the actual emergency exists. 5. The request must be accompanied by a permit application or for an emergency exemption. Submittal requirements may be waived until after the emergency is deemed abated, and at that time the property owner shall submit an emergency mitigation summary to the city of Yakima; E. Construction of a dock for the use of a single-family or multiple -family residence; F. The construction of canals, waterways, drains, reservoirs, or other manmade facilities as a part of an irrigation system; G. Any project with certification from the governor pursuant to RCW Chapter 80.50 (Energy Facilities—Site Locations); H. Watershed restoration projects pursuant to RCW 89.08.460; I. Site exploration and investigation activities required for a development permit; provided, that: 1. The activity will have no significant adverse impact on the environment; 2. The activity does not involve the installation of any structure; and 3. Upon completion of the activity, the vegetation and land configuration of the site are restored to conditions as they existed prior to the activity; J. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of spartina and purple Ioosestrife), through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under RCW Chapter 43.21C (SEPA); K. A public or private project to improve fish or wildlife habitat or fish passage, if: 1. The project has been approved by the Department of Fish and Wildlife; 2. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW Chapter 75.20 (Hydraulics Code); 3. The administrative official has determined that the project is consistent with this chapter; 4. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat Enhancement Projects) are deemed to be consistent with this chapter; L. Hazardous substance remedial actions pursuant to RCW Chapter 70.105D (Model Toxics Control Act); M. The removal of trees which are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private or public property, from critical areas and their buffers. (Ord. 2008-46 § 1 (part), 2008). 15.27.306 Documented exemptions for geologically hazardous areas development authorizations. The following development activities are exempt from standard development permits that are required for geologically hazardous areas: A. Additions to or alteration of existing single-family residences; B. Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill or irrigation; C. Structures Tess than one hundred twenty square feet; and D. Oil, gas, wind, or other exploration that does not include explosions, road construction, excavation or fill. (Ord. 2008-46 § 1 (part), 2008). 15.27.307 Mitigation requirements. A. All mitigation shall be sufficient to maintain the functions and values of the critical area; B. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas; and C. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for in the following order of preference: 1. Avoiding the impact; 2. Minimizing impacts by limiting the degree or magnitude of the action, by using appropriate technology (i.e., project redesign, relocation or timing, to avoid or reduce impacts); 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment as appropriate; 4. Reducing or eliminating the impact by preservation and maintenance operations; 5. Compensating for the impact by replacing or providing substitute resources or environments; and 6. Monitoring the impact and taking appropriate corrective measures; D. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated); E. Mitigation shall be in-kind and on-site, whenever possible, and may be out -of -kind and/or off-site when deemed appropriate by the administrative official or designee. (Ord. 2008-46 § 1 (part), 2008). Article IV. Review Process 15.27.308 Application submittal. A. Applications for development authorizations under this chapter shall be made on forms provided by the department. Application submittals shall include a site plan drawn to an engineering scale of one to twenty showing: 1. Dimensions of all sides of the parcel; 2. Size and location of existing and proposed structures; 3. Excavation, fill, drainage facilities, impervious surfaces, topography, slope; 4. Other information as needed to determine the nature and scope of the proposed development; and 5. Location of all critical areas such as those identified in YMC 15.27.314. B. The submittal shall also include all required critical areas reports prepared in conformance with YMC 15.27.314 and 15.27.315. C. To be complete, a critical area development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the preapplication conference (YMC 15.27.302). (Ord. 2008-46 § 1 (part), 2008). 15.27.309 Determination of review process. A. The administrative official or designee shall determine from the application submittal, and other available information, what type of permit and/or review will be required under this chapter. B. Specific information of permit type, review and process can be found in subsequent sections of Part Three of this chapter. However, a description of each type of permit or review is provided in Table 27.3-1. More than one permit or review may be needed for a project dependent upon project complexity. Table 27.3-1 General Permits or Reviews Standard Development. Standard development projects include any development not subject to RCW Chapter 90.58, the Shoreline Management Act. Documented Exemptions. Documented exemptions are described as minor activities that do not need to go through a permit process. Exemptions from this chapter may be found in YMC 15.27.305 through 15.27.306 and 15.27.403. Specific Permits Adjustment. An administrative adjustment is used outside shoreline jurisdiction when a project requires a reduction or adjustment to a development standard. Nonconforming Use or Facility Alteration. A nonconforming use or facility alteration is necessary when an existing use that currently does not conform to this chapter is to be altered. Minor Revisions to an Existing Permit. A minor revision to an existing permit allows a simplified review of certain changes to a project that has previously received a permit. Reasonable Use Exception. A reasonable use exception provides an alternative to landowners when all reasonable use of a property has been prohibited. Flood Hazard Permit. A flood hazard permit is required for activities within floodplains. It may include many of the specific permit types noted above, which are described in Part Four, YMC 15.27.400 through 15.27.436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters during the base flood do not exceed the current standards for construction of human -occupied structures or safe access. (Ord. 2008-46 § 1 (part), 2008). 15.27.310 Development authorization—Review procedure. Upon submittal and acceptance of a completed development authorization application, the administrative official or designee shall process and review the application as follows. Except: permits or reviews under Part Four shall follow the development regulations and procedures of YMC 15.27.400 through 15.27.436. A. Development authorizations shall be processed in accordance with notice procedures in YMC Title 16 and with specific requirements provided in YMC 15.27.316 through 15.27.320, including but not limited to: 1. Submittals; 2. Completeness review; 3. Notices; 4. Hearings; 5. Decisions; and 6. Appeals. B. Development authorizations shall be reviewed in conformance with the applicable development standards of YMC 15.27.321 and with Parts Five through Eight. C. Decisions on a development authorization shall be consistent with YMC 15.27.311 and 15.27.312, and with any specific decision criteria provided under the section for each relevant permit type, as provided in YMC 15.27.316 through 15.27.321. (Ord. 2008-46 § 1 (part), 2008). 15.27.311 Authorization decisions—Basis for action. The action on any development authorization under this chapter shall be based upon the following criteria: A. Impact of the project to critical area features on and abutting the property; B. Danger to life or property that would likely occur as a result of the project; C. Compatibility of the project with the critical area features; D. Conformance with applicable development standards; E. Compliance with flood hazard mitigation requirements of YMC 15.27.400 through 15.27.436; F. Adequacy of the information provided by the applicant or available to the department; G. Based upon the project evaluation, the administrative official shall take one of the following actions: 1. Grant the development authorization; 2. Grant the development authorization with conditions, as provided in YMC 15.27.312, to mitigate impacts to the critical area feature(s); or 3. Deny the development authorization; H. The decision by the administrative official or designee shall include written findings and conclusions. (Ord. 2008-46 § 1 (part), 2008). 15.27.312 Conditional approval of development authorization. In granting any development authorization, the administrative official or designee may impose conditions to: A. Accomplish the purpose and intent of this chapter; B. Eliminate or mitigate any identified negative impacts of the project; and C. Protect critical areas from damaging and incompatible development. (Ord. 2008-46 § 1 (part), 2008). 15.27.313 Fees and charges. The Yakima city council shall establish the schedule of fees and charges listed in YMC Chapter 15.26 (City of Yakima Fee Schedule), for development authorizations, variances, appeals and other matters pertaining to this chapter. (Ord. 2008-46 § 1 (part), 2008). Article V. Critical Areas Reports 15.27.314 Critical areas report requirements. A. The administrative official or designee may require a critical areas report, paid for by the applicant, when it is determined necessary. B. A qualified professional shall prepare the report consistent with best available science. 1. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. C. The critical area report shall: 1. Demonstrate the proposal is consistent with the purposes and standards of this chapter; 2. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and 3. Identify mitigation and protective measures. D. The critical areas report shall include information addressing the supplemental report requirements (see YMC 15.27.315). E. The administrative official or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures. F. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged. G. The administrative official or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error. H. The administrative official or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved. I. Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set, such as NAD 27 or NAD 83. The city may waive this requirement for single-family developments. Applicants are encouraged to coordinate with the administrative official or designee regarding electronic submittal guidelines. J. At a minimum, a critical areas report shall include the following information: 1. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers; 2. A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the description shall identity the type and characteristics of the hazard; 3. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geologically hazardous areas are additionally required to assess the risks posed by the development to critical areas, public and private properties, and both associated and unassociated nearby facilities and uses; 4. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the mitigation shall additionally address the site, other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected; 5. The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and 6. Additional reasonable information requested by the administrative official or designee. K. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site. L. The administrative official or designee may limit the geographic area of the critical area report as appropriate. M. Compensatory Mitigation Plans. When compensatory mitigation, as described in YMC 15.27.307, is proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical area report, which includes: 1. A written report identifying environmental goals and objectives of the proposed compensation including a description of: a. The anticipated impacts to the critical areas; b. The mitigating actions proposed; c. The purpose of the compensation measures, including site selection criteria; d. The compensation goals and objectives; e. The desired resource functions; f. Construction activities' start and completion dates; and g. Analysis of anticipated success of the compensation project; 2. A review of the best available science supporting the proposed mitigation; 3. A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed; 4. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained; 5. Detailed Construction Documents. The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as: a. The proposed construction sequence, timing, and duration; b. Grading and excavation details; c. Erosion and sediment control features; d. A planting plan specifying plant species, quantities, locations, sizes, spacing, and density; e. Measures to protect and maintain plants until established; and f. Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits; 6. Monitoring Program. The mitigation plan shall include: a. A program for monitoring both construction of the compensatory project and its completion and survivability; b. A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met; c. Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project; and d. Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five years; 7. Contingency Plan. Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met; 8. Financial Guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with YMC 15.27.321(A). N. Innovative Mitigation. 1. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One or more applicants or an organization with demonstrated capability may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: a. Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; b. The applicant demonstrates the organizational and fiscal capability to act cooperatively; c. The applicant demonstrates that Tong-term management of the habitat area will be provided; d. There is a clear potential for success of the proposed mitigation at the identified site; e. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; f. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional mitigation approaches; g. The plan is consistent with the general purpose and intent of this section; h. The plan shall contain relevant management strategies which are within the scope of this section; and i. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. 2. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios. 3. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 15.27.604. For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in YMC 15.27.605 shall apply. (Ord. 2008-46 § 1 (part), 2008). 15.27.315 Supplemental report requirements for specific critical areas. A. Stream Corridors. When a critical areas report is required for a stream corridor or hydrologically related critical area, it shall include the following: 1. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 15.27.504; and 2. Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic analysis report may be required. The report shall assume the conditions of the one- hundred-year flood, include on-site investigative findings, and consider historical meander characteristics in addition to other pertinent facts and data. B. Wetlands. When a critical areas report is required for wetlands, it shall include the following: 1. The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the Washington State Wetland Identification and Delineation Manual (Ecology Publication No. 96-94) as required by RCW 36.70A.175 and the Washington State Wetland Rating System for Eastern Washington; 2. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown on the site plan. Available information should include, but not be limited to, aerial photos, land-based photos, soils maps, or topographic maps; 3. An analysis of the wetlands including the following site-related information: a. A statement specifying the accuracy of the report and all assumptions made and relied upon; b. Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.; c. A description of the methodologies used to conduct the wetland delineations or impact analyses, including references; d. Wetland category, including vegetative, faunal, and hydrologic characteristics; and 4. For projects that will affect the wetland or buffer, provide the following: a. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 15.27.504 and 15.27.603(A); and b. Mitigation sequencing, pursuant to YMC 15.27.307, to avoid, minimize, and mitigate impacts shall result in "no net Toss" of acreage or functional values of wetlands and shall follow the guidance provided in YMC 15.27.604. C. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following: 1. A description of the site features, including surface and subsurface geology; 2. A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard; 3. A description of the vulnerability of the site to seismic and other geologic processes and hazards; and 4. A description of any potential hazards that could be created or exacerbated as a result of site development; 5. For developments in or affecting landslide hazard areas the report shall also include: a. Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of YMC Title 11 (Building Code); b. An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope; and c. Description of the run -out hazard of landslide debris to the proposed development that starts up-slope and/or the impacts of landslide run -out on down-slope properties and critical areas. D. Flood Hazards. Prior to authorization of any construction within a floodplain, which can be anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall be prepared by a licensed engineer in the state of Washington that establishes any new flood elevations that would result for the one -hundred -year flood frequency if the project were implemented. (Ord. 2008-46 § 1 (part), 2008). Article VI. Permit Review Criteria 15.27.316 Standard development permit. A. Classification Criteria. Standard development permits include any development not subject to RCW Chapter 90.58 (Shoreline Management Act). B. Process. Standard development permits shall be processed as a Type (1) review if exempt, as a Type (2) review for all Class (2) uses and non-exempt activities, and as a Type (3) review for all Class (3) uses or applications that are of a significant size or scope as determined by the administrative official. Examples of such projects include those that typically require environmental review (SEPA), filling or excavating a stream channel or wetland, involve large amounts of fill, require large amounts of parking, etc. C. Decision Criteria. Decisions on standard development permits shall be based on the general decision criteria found in YMC 15.27.311. (Ord. 2009-42 § 2, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.317 Adjustment. A. Classification Criteria. For projects not required to be processed under RCW Chapter 90.58 (Shoreline Management Act), the administrative official or designee is authorized to administratively adjust the development standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance with building setbacks and vegetative buffers. Given such constraints, administrative adjustments may be authorized where the site plan and project design include measures to ensure the protection and performance of the functional properties identified in YMC 15.27.504. Adjustments of vegetative buffer standards listed in Tables 27.5-1 and 27.5-2 may be reduced to the minimum buffer width listed. Reductions below the minimum may be considered but require stricter criteria be met in subsection (C)(4) of this section. Adjustments to prohibited use limits are not allowed. B. Process. Requests for an adjustment permit shall be processed as a Type (2) review. Requests for adjustments of development standards shall be made in writing and shall specify the standard(s) that an adjustment is sought for, along with the reasons why the adjustment is sought. C. Decision Criteria. Decisions on adjustment permits shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below. 1. A particular standard may be reduced or modified as long as the administrative official determines that the adjustment and/or reduction: a. Is consistent with the purpose of this chapter; b. Is consistent with the intent of the standard; and c. Will not result in degradation of the critical area. 2. The administrative official or designee shall consider the following: a. The proximity and relationship of the project to any critical area and its potential impacts; b. The functions and values that the critical area performs; c. The overall intensity of the proposed use; d. The presence of threatened, endangered, or sensitive species; e. The site's susceptibility to severe erosion; and f. The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or other measures to enhance the functions and values of the hydrologically related critical area (HRCA). 3. When granting an adjustment, the administrative official or designee may require, but is not limited to, the following alternative measures to protect the functions and values of the HRCA: a. Restoration of impaired channels and banks to conditions which support natural stream flows, fish habitat, and other values; b. Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of native vegetation; c. Provisions for erosion control and the reduction and filtration of stormwater runoff on the stream channel and buffer; d. Removal or alteration of existing manmade facilities associated with stream channels or drainage ways which improve stream flow or exchange of surface waters; e. Replacement of lost stream corridor features on an acre -for -acre basis and replacement of lost wetlands in accordance with guidance provided in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated); f. Conservation easements for key portions of stream corridor property and/or their inclusion within public or private conservation programs; or g. Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is preferred in the use of mitigation sequencing (YMC 15.27.307) over a reduction in the buffer standards. 4. The following additional criteria must be met to reduce the critical areas stream and wetland buffers found in Tables 27.5-1 and 27.5-2 below the minimum listed in the respective tables: a. There is a hardship related to maintenance of the minimum buffer width that results from parcel boundaries or existing on-site development; b. When warranted under subsection A of this section the buffer width shall be the maximum possible while meeting the minimum need of the proposal; and c. The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream function due to the decrease in buffer size. (Ord. 2008-46 § 1 (part), 2008). 15.27.318 Reasonable use exception. A. Classification Criteria. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for a reasonable use exception. B. Process. A reasonable use exception shall be processed as a Type (3) review with a public hearing. C. Decision Criteria. The reasonable use request shall be accompanied by conformance criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant. Decisions on a reasonable use request shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below: 1. The application of this chapter would deny all reasonable use of the property; provided, that the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant; 2. No other reasonable use of the property has Tess impact on the critical area; and 3. Any alteration is the minimum necessary to allow for reasonable use of the property. (Ord. 2008-46 § 1 (part), 2008). 15.27.319 Minor revisions to approved uses or development. A. Classification Criteria. Minor revisions as described in YMC 15.27.200 to a project that has been previously approved under a critical area permit are allowed under the following circumstances: 1. Changes that are not substantive are not required to obtain a revision and may be allowed; and 2. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the permit requirements. Such changes may be approved as a minor revision, if the administrative official or designee determines that the proposed revision is within the scope and intent of the original permit, and meets the criteria listed below. Failure to meet the criteria below will require a new permit: a. Lot coverage and height may be increased by a maximum of ten percent from the provisions of the original permit; provided, that: i. Revisions involving new structures not shown on the original site plan shall require a new permit; and ii. Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of this chapter; b. Landscaping may be added without an application for a new permit; provided, that it is consistent with conditions of the original permit; c. The use authorized pursuant to the original permit has not changed; and d. No additional significant adverse environmental impacts will be caused by the project revision. B. Process. Minor revisions to existing permits shall be processed under Class (1) review procedures. C. Decision Criteria. Decisions on permit revisions shall be based on the general decision criteria found in YMC 15.27.311. (Ord. 2008-46 § 1 (part), 2008). 15.27.320 Nonconforming uses and facilities. Nonconforming uses and facilities are classified as either conforming uses with nonconforming structures or areas, or as nonconforming uses, both of which have different review processes and decision criteria, as provided for in YMC Chapter 15.19. (Ord. 2008-46 § 1 (part), 2008). 15.27.321 General critical areas protective measures. The standards below apply to all permits and reviews performed under this chapter. A. Financial Guarantees. Financial guarantees may be required to ensure mitigation, maintenance, and monitoring. 1. When required mitigation pursuant to a development proposal is not completed prior to the city of Yakima's final permit approval, the administrative official or designee may require the applicant to post a financial guarantee to ensure that the work will be completed. 2. If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional. 3. All financial guarantees shall be in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk. 4. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the administrative official or designee, with terms and conditions acceptable to the city of Yakima attorney. 5. The financial guarantee shall remain in effect until the administrative official or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function. 6. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration, a financial guarantee will not be required. 7. Failure to satisfy critical area requirements shall constitute a default, and the administrative official or his or her designee may demand payment of any financial guarantee. 8. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Yakima will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions. 9. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. B. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision ordinance (YMC Title 14) that contain critical areas: 1. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (YMC Title 14) and zoning ordinance (this title); 2. Critical areas shall be actively protected through the following: a. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible; b. When geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision: i. Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes, may be deemed appropriate by the administrative official as meeting this provision when special circumstances obstruct the viability of this provision; ii. For those new Tots that do contain said critical areas, usable building envelopes (five thousand square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas. c. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain. d. New lots entirely within the floodplain shall be at least one acre in area; e. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lie outside said critical areas; f. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover; g. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat. h. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands, and/or vegetative buffers may not be further divided. (Ord. 2008-46 § 1 (part), 2008). Part Four. Flood Hazard Areas Article I. Flood Hazard Areas—General Provisions 15.27.400 Flood hazard areas established. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study for Yakima County and Incorporated Areas" dated November 18, 2009, with accompanying Flood Insurance Rate Maps (FIRMs), and any amendments thereto made by the Federal Emergency Management Agency are herein adopted by reference and declared to be part of Part Four of the city of Yakima's Critical Areas Ordinance. The Flood Insurance Study and maps are on file with the city of Yakima, Washington. (Ord. 2009-42 § 3, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.401 Principles. Part Four recognizes the right and need of the river channel to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard. In advancing the above principles, the intent of Part Four is: A. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood -prone land; B. To meet the minimum requirements of the National Flood Insurance Program; and C. To implement state and federal flood protection programs. (Ord. 2008-46 § 1 (part), 2008). 15.27.402 Applicability. The guidelines and regulations set forth herein and in YMC Title 11 and related building codes shall apply to all special flood hazard areas. A. The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard area; B. Flood hazard permits shall be approved by the city of Yakima. Approval shall only be granted in accordance with Part Four of this chapter and other applicable local, state, and federal regulations; C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval; and D. The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the city of Yakima, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action against the above-mentioned body, or employee, for any damage that may result. (Ord. 2008- 46 § 1 (part), 2008). 15.27.403 Documented exemptions. The following uses and activities are exempt from the provisions of Part Four of this chapter: A. The alteration or substantial improvement of any structure listed on the National Register of Historic Places or state inventory of historic places; B. The installation and maintenance of aboveground utility transmission lines and poles; and C. Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the administrative official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse. (Ord. 2008-46 § 1 (part), 2008). 15.27.404 Interpretations. A. In the interpretation and application of Part Four of this chapter, the provisions shall be considered as minimum requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14, Subdivisions; and this title, Yakima Urban Area Zoning Ordinance. YMC 15.27.400 through 15.27.436 are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall prevail. B. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of the National Flood Insurance Program Section 60.6 (See 44 CFR 59, et seq., and IBC Section 104.1). (Ord. 2008-46 § 1 (part), 2008). 15.27.405 Compliance. No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full compliance with the terms of Part Four of this chapter and other applicable regulations. (Ord. 2008-46 § 1 (part), 2008). 15.27.406 Warning and disclaimer of liability. The degree of flood protection required by Part Four of this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. Part Four does not imply that land outside the area of special flood hazards or permitted uses within such area will not be subject to flooding or flood damage. (Ord. 2008-46 § 1 (part), 2008). Article II. Flood Hazard Protection Standards 15.27.407 General standards. The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24 CFR Part 3280: A. Anchoring and Construction Techniques. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the - top or frame ties to ground anchors. (For additional information please refer to guidebook, FEMA - 85.) Anchoring shall meet the specifications set forth below for structures located within one hundred feet of a floodway or the ordinary high water mark if no floodway has been established. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during the conditions of flooding. C. All new construction and any improvements or additions to existing floodproofed structures that would extend beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the ordinary high water mark if no floodway has been established shall be elevated to a height equal to or greater than the base flood, using zero -rise methods such as piers, posts, columns, or other methodology, unless it can be demonstrated that non -zero -rise construction methods will not impede the movement of floodwater or displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed to penetrate bearing soil, and be sufficiently anchored, as specified above in subsections A and B of this section. D. Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted floodproofing techniques. E. Utilities. a. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. b. Water wells shall be located on high ground that is not in the floodway. F. Subdivision Proposals. Subdivision proposals shall: a. Be consistent with the need to minimize flood damage; b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. Have adequate drainage provided to reduce exposure to flood damage; d. Include base flood elevation data; and e. In the cases where base flood elevation is not available and the subdivision is greater than five acres or fifty lots, a step -back water analysis shall be required to generate the base flood elevation data. G. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. (Ord. 2015-036 § 5, 2015: Ord. 2009-42 § 4, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.408 Specific standards. In all special flood hazard areas where base elevation data has been provided as set forth in YMC 15.27.400, the following regulations shall apply, in addition to the general standards of YMC 15.27.407: A. Residential Construction. (See IRC Section 323.2.) 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 3. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of YMC 15.27.407(C). B. Nonresidential Construction (44 CFR 60.3(C)(3) and (4)). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans; and 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section. C. Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC Section 501.1, Appendix "G." D. Recreational Vehicles. Recreational vehicles placed on sites are required to either: 1. Be on the site for fewer than one hundred eighty consecutive days; 2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick -disconnect -type utilities and security devices, and have no permanently attached additions; or 3. Meet the anchoring requirements of subsection C of this section. (Ord. 2008-46 § 1 (part), 2008). Article III. Floodway Fringe Uses 15.27.409 Permitted uses. The following uses are permitted in the floodway fringe areas: A. Permitted Uses. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410. B. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with this title and where not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: 1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed. 2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of YMC 15.27.411(C)(3). 3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. 4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. 5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. (Ord. 2008-46 § 1 (part), 2008). 15.27.410 Prohibited uses. New manufactured home parks and the expansion of manufactured home/parks are prohibited in floodway fringe areas. (Ord. 2008-46 § 1 (part), 2008). Article IV. Floodway Uses 15.27.411 Permitted uses. Permitted uses include any use permitted in the zoning district in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B). Permitted uses include: A. All encroachments, including fill, new construction and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; B. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of this title; C. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: 1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to paralleling floodways; 2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed; 3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall assume the conditions of a one -hundred -year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with the city of Yakima shoreline master program regulations; 4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features; and 5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (C)(3) of this section; D. Construction or reconstruction of residential structures only as authorized in YMC 15.27.412(E); E. Improvements to existing residential structures that are not substantial improvements per YMC 15.27.200, provided the improvement complies with the requirement set forth in YMC 15.27.412(B); F. Water -dependent utilities and other installations which by their very nature must be in the floodway. Examples of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream crossings or wetlands; flood control and/or hydroelectric production; water diversion structures and facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this chapter and the city's shoreline master program. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing and otherwise comply with subsection C of this section; G. Dikes; provided, the applicant can provide evidence that: 1. Adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences; 2. Natural drainage ways are minimally affected in that their ability to adequately drain floodwaters after a flooding event is not impaired; 3. The proposal has been coordinated through the appropriate diking district where applicable, and that potential adverse effects upon other affected diking districts have been documented; and H. Roads and bridges, subject to the regulations of subsections (C)(1) through (5) of this section. (Ord. 2008-46 § 1 (part), 2008). 15.27.412 Prohibited uses. The following uses/developments are prohibited in the floodway: A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); B. Any encroachments, including fill, new construction and other development, shall require certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; E. Construction or reconstruction of residential structures within designated fioodways, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. F. The construction or storage of any object subject to flotation or movement during flood level periods; G. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: 1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream Corridor, and Part Six, Wetlands; 2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and 3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 15.27.509). H. The listing of prohibited uses in this section shall not be construed to alter the general rule of y map drawn to an engineering scale showing: 1. Actual dimensions and shape of the parcel to be built on; 2. Sizes and location of existing structures on the parcel; 3. Location and dimensions of the proposed development, structure or alteration; 4. Location, volume and type of any proposed fill; and 5. The application shall include other information as may be required by the administrative official to clarify the application for the enforcement of Part Four of this chapter. (Ord. 2008-46 § 1 (part), 2008). 15.27.418 Permit—Review. Flood hazard permit applications will be reviewed to determine: A. The elevation and floodproofing requirements of Part Four of this chapter; B. The proposed development's location in relation to the floodway and any encroachments, YMC 15.27.412(B); C. Alteration or relocation of a watercourse; D. That the proposed development is a permitted use under Part Four of this chapter and YMC Title 15; and E. That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (Ord. 2009-42 § 7, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.419 Use of available data. When base flood elevation data has not been provided in accordance with YMC 15.27.400, Flood hazard areas established, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer YMC 15.27.408, 15.27.412, and Chapter 15.25. (Ord. 2008-46 § 1 (part), 2008). 15.27.420 Limitations. Permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of Part Four and punishable as provided by YMC Chapter 15.25. (Ord. 2008-46 § 1 (part), 2008). 15.27.421 Permit—Expiration and cancellation. If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof, the permit shall expire and be canceled by the administrative official. (Ord. 2009-42 § 8, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.422 Performance bonds. A. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under Part Four of this chapter. Bonds, if required, shall be furnished by the property owner or other person or agent in control of the property. B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount equal to that which would be required in the surety bond. (Ord. 2008-46 § 1 (part), 2008). 15.27.423 Appeals. The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Part Three. (Ord. 2008-46 § 1 (part), 2008). 15.27.424 Coordination. Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter. (Ord. 2009-42 § 9, 2009: Ord. 2008-46 § 1 (part), 2008). Article VI. Elevation and Floodproofing Certification 15.27.425 Applicability. Certification for elevation and floodproofing shall be required only for the new construction or substantial improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard area. (Ord. 2008-46 § 1 (part), 2008). 15.27.426 Certification form. The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be generally consistent with that required by FEMA for the administration of the National Flood Insurance Program. (Ord. 2009-42 § 10, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.427 Information to be obtained and maintained. The elevation and floodproofing certificate shall verify the following flood hazard protection information: A. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; B. The actual elevation (in relation to mean sea level) of floodproofing of all new or substantially improved nonresidential floodproofed structures; and C. Where a base flood elevation has not been established according to YMC 15.27.400, or where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Ord. 2008-46 § 1 (part), 2008). 15.27.428 Certification responsibility. The project proponent shall be responsible for providing required certification data to the administrative official prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing data specified in YMC 15.27.427 must be obtained and certified by a registered professional engineer, architect, or surveyor. The elevation and floodproofing certification shall be permanently maintained by the administrative official. (Ord. 2008-46 § 1 (part), 2008). Article VII. Flood Hazard Variances 15.27.429 Procedure. Any person seeking a variance from the requirements of Part Four authorized under YMC 15.27.430 shall make such request in writing to the planning department on the forms they supply. Upon receipt of a completed application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners of adjacent property within twenty-eight days of the receipt of a completed application and payment of fees. The notice shall solicit written comment on the variance request and specify a time period not Tess than twenty days from the date of mailing, during which written comments may be received and considered. The notice shall also state that copies of the administrative official's final decision will be mailed upon request. The administrative official may also solicit comments from any other person or public agency he or she feels may be affected by the proposal. (Ord. 2008-46 § 1 (part), 2008). 15.27.430 Variance limitations. A. Variances shall be limited solely to the consideration of: 1. Elevation requirements for lowest floor construction; 2. Elevation requirements for floodproofing; and 3. The type and extent of floodproofing. B. Variances shall not be considered for any procedural or informational requirements or use prohibitions of Part Four of this chapter. (Ord. 2008-46 § 1 (part), 2008). 15.27.431 Conditions for authorization. Before a variance to the provisions of Part Four may be authorized, it shall be shown that: A. There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; B. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; C. Such a variance is the minimum necessary, considering the flood hazard, to afford relief; D. Failure to grant the variance would result in exceptional hardship to the applicant; and E. The granting of such a variance will not result in: 1. Increased flood heights; 2. Additional threats to public safety; 3. Creation of nuisances; 4. Extraordinary public expense; or 5. Conflicts with other existing local laws or ordinances. (Ord. 2008-46 § 1 (part), 2008). 15.27.432 Administrative official's decision. After considering any comments received from other agencies, jurisdictions or adjoining property owners, the administrative official shall approve, approve with conditions, or deny the variance request. The administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based. (Ord. 2008-46 § 1 (part), 2008). 15.27.433 Notification and final decision. The decision shall be issued within seven days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copy. (Ord. 2008-46 § 1 (part), 2008). 15.27.434 Power to refer decisions. In exercising the duties and powers of implementing and administrating Part Four of this chapter, the administrative official may refer any variance application to the hearing examiner for action at a public hearing. (Ord. 2008-46 § 1 (part), 2008). 15.27.435 Appeals. Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008). 15.27.436 Federal flood hazard map correction procedures. The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the National Flood Insurance Program, are hereby adopted by reference. (Ord. 2008-46 § 1 (part), 2008). Part Five. Fish and Wildlife Habitat and the Stream Corridor System Article!. Introduction 15.27.500 Purpose and intent. The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of geology, soils, water, vegetation, and wildlife. Policies and standards to help conserve and protect are designed to accomplish the following: A. Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science; B. Follow the requirements pursuant to flood -resistant construction in the adopted building code; C. Provide a zero net Toss of natural wetland functions and values; D. Provide possible alternatives for necessary development, construction, and uses within a designated stream corridor and other hydrologically related critical areas; E. Prevent decline in the quantity and quality of surface and subsurface waters; F. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; G. Protect sensitive areas of the stream corridor from the potential negative effects of development; H. Through voluntary agreements or government incentives, provide protection of natural wetland functions and values; and I. Recognize wildlife area conservation habitats within their natural geographic location through coordinated land use planning. (Ord. 2008-46 § 1 (part), 2008). 15.27.501 Protection approach. A. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, nest building materials, and lack of diseases. The city of Yakima protects fish and wildlife habitat through: 1. Protection of habitat for aquatic species; and 2. Protection of habitat for species located near the water. B. The city of Yakima's approach to protecting threatened, endangered, and sensitive species habitat is by using the protection approach sections of this chapter. (Ord. 2008-46 § 1 (part), 2008). Article II. Designation and Mapping 15.27.502 Hydrologically related critical area features. Stream corridors and other hydrologically related critical areas include one or more of the following features: A. Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency Management Agency (FEMA), as identified in the flood insurance study or corresponding maps, is hereby adopted by reference and declared to be part of this chapter; B. Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the ordinary high water mark; C. Naturally occurring ponds under twenty acres and associated submerged aquatic beds; and manmade lakes and ponds created within a stream channel; D. All wetlands as defined in YMC 15.27.200; E. Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and F. A buffer area for a stream channel, lake, or pond or from the edge of a wetland. (Ord. 2008-46 § 1 (part), 2008). 15.27.503 Habitat and habitats of local importance. A. Habitats of local importance are habitats or species that due to their declining population, sensitivity to habitat manipulation or other values make them important on a local level. Habitats of local importance may include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. B. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle. 1. The decision for changes to species and habitats of local importance shall consider: a. Concern due to population status; b. Sensitivity to habitat manipulation; c. Importance to the local community; and d. Criteria used to identify state priority species, which include: i. State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive; ii. Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate; iii. Species of recreational, commercial, and/or tribal importance that are vulnerable; and iv. The economic impact both positive and negative to the applicant's property or surrounding property. Economic impact is to be determined by a properly qualified individual or firm using industry standards. 2. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal: a. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term; b. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors; c. Habitat with limited availability or high vulnerability to alteration; and d. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. 3. Habitat management recommendations shall be included for use in the administration of this section. C. Development Standards. Projects located within habitats of local importance, as designated in subsection A of this section, shall meet the standards below, rather than the development standards in YMC 15.27.508 through 15.27.521, unless review is also needed for a hydrologically related critical area. Projects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. (Ord. 2008-46 § 1 (part), 2008). 15.27.504 Functional properties. A. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more of the following functional properties: 1. Stream bank and shore stabilization; 2. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; 3. Moderating the impact of stormwater runoff; 4. Filtering solids, nutrients and harmful substances; 5. Surface erosion prevention; 6. Providing and maintaining migratory corridors for wildlife; 7. Supporting a diversity of wildlife habitats; or 8. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. B. Stream channels assist in one or more of the following functional properties: 1. Groundwater recharge and/or discharge; 2. Water transport; 3. Sediment transport and/or storage; 4. Biochemical functions; 5. Channel migration and the protection of habitats; or 6. Food and habitat. C. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties: 1. Biogeochemical functions that improve water quality; 2. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); or 3. Food and habitat. D. Floodplains generally provide one or more of the following functional properties: 1. Floodwater storage; 2. Floodwater passage and the movement of high -velocity waters; 3. Sediment storage and recruitment; 4. Food and habitat; 5. Nutrient sink and/or source; or 6. Groundwater recharge and discharge. E. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties: 1. Reproduction and/or nesting; 2. Resting and refuge; 3. Foraging for food; or 4. Dispersal and migration. F. Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible. (Ord. 2008-46 § 1 (part), 2008). 15.27.505 Streams, lakes and ponds typing system. For purposes of this chapter, the city of Yakima hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in YMC 15.27.502 as follows: A. Type 1 streams are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW Chapter 90.58. Waters associated with Type 1 streams as defined in RCW Chapter 90.58 are not included; B. Type 2 streams are those surface water features which require protection due to the nature of their contributions to the functional properties listed in YMC 15.27.504 and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title; C. Type 3 streams include all perennial streams within the city of Yakima not classified as Type 1 or 2. (See YMC 15.27.200, "perennial stream"); D. Type 4 streams are all intermittent streams within the city of Yakima not classified as Type 1, 2 or 3. (See YMC 15.27.200, "intermittent stream"); E. Type 5 streams are all ephemeral streams within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See YMC 15.27.200, "ephemeral stream"); and F. Lakes and Ponds. 1. Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. 2. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 3. Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type 1 ponds. (Ord. 2008-46 § 1 (part), 2008). 15.27.506 Wetland rating system. A. Wetlands within the city of Yakima are defined in YMC 15.27.200 and are shown on the data maps referenced in YMC 15.27.507. Most, but not all, of the wetlands within the city of Yakima occur near streams. The functional properties for wetlands are identified in YMC 15.27.504 and 15.27.603. B. For regulatory purposes, wetlands are classified into four categories according to the wetland rating system found in YMC 15.27.603(B). (Ord. 2008-46 § 1 (part), 2008). 15.27.507 Maps. Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below: A. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs). B. Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to, the following: 1. Wetlands; 2. Streams; 3. Channel migration zone; and 4. Species and habitats of local importance. Note: This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance. C. Other nonregulatory information sources include maps or other data sources, but are not limited to: 1. Comprehensive flood hazard management plans; 2. Soil survey of the city of Yakima; 3. Surface geologic maps; 4. Historic and current aerial photo series; and 5. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. (Ord. 2008-46 § 1 (part), 2008). Article III. General Development Standards 15.27.508 Prohibited uses. The following uses and activities are prohibited within a designated hydrologically related critical area: A. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; B. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel; C. The draining or filling of a wetland, lake or pond, except as provided for in YMC 15.27.519; D. The removal and transport of material for fill outside of the stream corridor; E. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities; F. Solid waste disposal sites; G. Automobile wrecking yards; H. Fill for the sole purpose of increasing land area within the stream corridor; I. Uses located within the floodway fringe that are listed in YMC 15.27.410; and J. Uses located within the floodway that are listed in YMC 15.27.412. (Ord. 2008-46 § 1 (part), 2008). 15.27.509 General policies and standards. The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical area: A. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be marked on the ground before any development, construction, or use is initiated; B. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible; C. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible; D. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered; E. Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation projects using the Eastern Washington stormwater manual are exempt from: 1. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load; 2. The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion; 3. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for detention, control, and filtration if potential increases have been identified to occur; 4. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion; and 5. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established; F. Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances; G. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected; H. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor; I. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters; J. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas; K. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration; L. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency; M. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished; N. Development, construction, or uses within the hydrologically related critical area shall be mitigated using mitigation sequencing as outlined in YMC 15.27.307; O. Development shall not obstruct, cut off, or isolate stream corridor features; P. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership; Q. If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the city of Yakima, the Washington State Office of Archaeology and Historic Preservation and any affected Indian nation. Archaeological sites are subject to RCW Chapters 27.44 and 27.53. Development or uses that may impact such sites shall comply with WAC Chapter 25-48, Archaeological Excavation and Removal Permit; R. Projects located within the floodway must meet the requirements of YMC 15.27.411; and S. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in YMC 15.27.521. (Ord. 2008-46 § 1 (part), 2008). Article IV. Water Dependency Development Standards and Buffer Requirements 15.27.510 Use classifications. For purposes of this section, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform to the development standards applicable to the classification provided in YMC 15.27.511 through 15.27.513: A. Water -oriented uses are one of the following two categories of uses: 1. Water -dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in -water or on -land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore. 2. A water -related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location, either because it requires large quantities of water or because it provides services for water -dependent uses and the proximity to its customers makes such services Tess expensive and/or more convenient. Examples would include thermal power plants, sewage treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops. B. Non -water -oriented uses include any use not qualifying as uses in subsection A of this section. (Ord. 2008-46 § 1 (part), 2008). 15.27.511 Water -dependent uses. The following provisions shall apply to water -dependent uses: A. Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore. B. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in YMC 15.27.514. C. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water. (Ord. 2008-46 § 1 (part), 2008). 15.27.512 Water -related uses. The following provisions shall apply to water -related uses: A. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. B. Structures and use areas shall not be located within the vegetative buffer specified in YMC 15.27.514 except where existing development or the requirements associated with the use make such a location unavoidable. (Ord. 2008-46 § 1 (part), 2008). 15.27.513 Non -water -oriented uses. The following provisions shall apply to non -water -oriented uses: A. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in YMC 15.27.514. B. Construction abutting the vegetative buffer specified in YMC 15.27.514 shall be designed and scheduled to ensure there will not be permanent damage or Toss of the vegetative buffer. (Ord. 2008-46 § 1 (part), 2008). 15.27.514 Vegetative buffers. The establishment of a vegetative buffer system is necessary to protect the functions and values of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, ponds, and wetlands are listed in Tables 27.5-1 and 27.5-2. A. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds, and from the edge of the wetlands. The width of the buffer shall be determined according to the stream or wetland type. Buffer width may be reduced through an adjustment permit process (YMC 15.27.317). However, the administrative official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through twenty-eight points) or high (twenty- nine through thirty-six points) for wetland habitat function, except where it can be shown that a particular wildlife species' needs within the buffer can be met with a smaller buffer. B. Type 1 streams, lakes, and ponds are protected by the shoreline master program and are not part of this title. C. The minimum buffer widths listed in Tables 27.5-1 and 27.5-2 are the lowest possible buffer widths allowed by means of the adjustment process. Adjustments below the minimum buffer width must meet additional approval criteria as provided in YMC 15.27.317(C)(4). D. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. 1. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width. 2. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width. Table 27.5-1 Stream Type Buffer Width—standard/(minimum adjustment) Type 1 shoreline streams, lakes, and ponds 100' Type 2 streams, lakes, and ponds 75'/(25') Type 3 streams (perennial), lakes, and ponds 50'/(25') Type 4 streams (intermittent), lakes, and ponds 257(15') Type 5 streams (ephemeral) No buffer standards. Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. The administrative official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through twenty-eight points) or high (twenty-nine through thirty-six points) for wetland habitat function, except where it can be shown that a particular wildlife species' needs within the buffer can be met with a smaller buffer. Table 27.5-2 Type 1 Wetlands (standard/minimum) Type 2 Wetlands (standard/minimum) Type 3 Wetlands (standard/minimum) Type 4 Wetlands (standard/minimum) 00'/100' 150'/75' 100'/50' 50'/25' (Ord. 2008-46 § 1 (part), 2008). Article V. Land Modification Development Standards 15.27.515 Roads, railroads, and parking. The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated hydrologically related critical area: A. Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor; 1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor; 2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact; 3. Roadways within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor features, unless it is clearly unavoidable; B. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the stream corridor; C. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood -prone; D. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor; E. Bridges and water -crossing structures shall not constrict the stream channel or impede the flow of ordinary high water, sediment, and woody debris; F. The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multiplate pipes, and bottomless arches are preferred; G. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion -resistant materials; H. Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife; I. At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event; J. Roads must be designed and constructed using established flood -resistant design and construction methods when the road is possibly subject to flood water damage; and K. Roads and bridges within floodways must meet the requirements of YMC 15.27.411(C) and (G), unless an engineer can demonstrate another appropriate method. (Ord. 2008-46 § 1 (part), 2008). 15.27.516 Utility transmission lines and facilities. The following provisions shall apply to the location, construction, and installation of utility transmission lines (such as those for wastewater, water, communication, natural gas) within a designated hydrologically related critical area: A. Utility transmission lines shall be permitted within the stream corridor only where it is necessary to cross the corridor or where development, topography, and other conditions preclude locations outside the stream corridor. B. Utility transmission lines across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. C. The construction of utility transmission lines within a stream corridor shall be designed and located to provide a minimum disruption to the functional properties. D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor. E. Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or one-third of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis. F. Wherever possible, new aboveground installations shall use existing bridges or pole facilities. G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is reasonably practical. H. Transmission support structures shall be located clear of high flood velocities and located in areas of minimum flood depth, which require the least amount of floodproofing. I. Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow. J. All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of YMC 15.27.407(D) (regarding infiltration or discharge into or out of the system). K. Utility transmission lines within the floodway fringe shall meet the standards of YMC 15.27.409(B). L. Utility transmission lines within the floodway shall meet the standards of YMC 15.27.411(C). (Ord. 2008-46 § 1 (part), 2008). 15.27.517 Shore stabilization. The following provisions shall apply to shore stabilization projects: A. Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties; B. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise; C. Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property; D. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with YMC 15.27.519; E. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance, and which prevent or minimize the need for subsequent stabilization of the shore's other segments; F. Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization, while riprap, rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization; G. Applications to construct or enlarge dikes or levees shall meet the requirements of YMC 15.27.411(G); H. Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore; I. Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or other solid construction methods; and J. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance and repairs for the life of the project. (Ord. 2008-46 § 1 (part), 2008). 15.27.518 Dredging and excavation. The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area: A. Dredging in surface waters shall be allowed only where necessary: 1. Because of existing navigation needs; 2. Habitat improvement; 3. Maintenance; and 4. Construction of water -dependent uses. B. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use. C. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. D. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. E. Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage. F. Dredging and excavation shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes. G. Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. (Ord. 2008-46 § 1 (part), 2008). 15.27.519 Filling. The following provisions shall apply to filling activities within a designated hydrologically related critical area: A. Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water -dependent uses or an approved reclamation plan under YMC 15.27.521 or approved compensatory mitigation plan under YMC 15.27.604. B. Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter's policies. C. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero -rise methods such as piers, posts, columns, or other methods. D. Fill in floodplains shall meet the requirements of Part Four, Flood Hazard Areas. E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality. F. Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes. G. Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless the Washington Department of Fish and Wildlife indicates other options are preferred. H. Projects that propose fill shall make every effort to acquire fill on site (compensatory storage) where appropriate. I. Fill should not obstruct, cut off, or isolate stream corridor features. (Ord. 2008-46 § 1 (part), 2008). 15.27.520 Commercial mining of gravel. The following provisions shall apply to the commercial mining of gravel within a designated hydrologically related critical area: A. Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following: 1. The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation; 2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation; 3. The description, location, and extent of any proposed subsequent use that would be different from existing uses. B. Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value, except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). C. Any surface mining allowed within the floodway shall meet the standards of YMC 15.27.411(B). D. Except where authorized by the city of Yakima in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply: 1. The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. 2. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM. 3. Gravel washing, rock -crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM. E. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation Standards (WAC Chapter 332-18, RCW Chapter 78.44). (Ord. 2008-46 § 1 (part), 2008). 15.27.521 Reclamation. The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities within a designated hydrologically related critical area: A. Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation; B. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed; C. Reclamation shall be scheduled to address precipitation, meltwater runoff, the growing season, and other seasonal variables that influence restoration and recovery; D. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas; E. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent stream corridor degradation; F. Cut -and -fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved; G. For the replacement or enhancement of vegetation within wetlands and required vegetative buffers naturally occurring, native plant species shall be used; and H. In other parts of the stream, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self -maintaining or low -maintenance plant species compatible with the native vegetation shall be used in place of non-native and high -maintenance species. (Ord. 2008-46 § 1 (part), 2008). Part Six. Wetlands 15.27.600 Purpose and intent. The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 15.27.500. (Ord. 2008-46 § 1 (part), 2008). 15.27.601 Designating and mapping. A. Wetlands are all areas meeting the definition for wetlands as defined in YMC 15.27.200 and are hereby designated critical areas which are subject to this chapter, except the following: 1. Irrigation systems that create an artificial wetland; and 2. Areas where changes in irrigation practices have caused wetland areas to dry up. B. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima. (Ord. 2008-46 § 1 (part), 2008). 15.27.602 Protection approach. Wetlands will be protected using the protection approach for hydrologically related critical areas found in YMC 15.27.501. Wetlands and their functions will be protected using the standards found in Part Four. (Ord. 2008-46 § 1 (part), 2008). 15.27.603 Wetland functions and rating. A. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions: 1. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals, and toxics retention and transformation). 2. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge. 3. Food and habitat functions, which includes habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals. B. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised August 2004 (Ecology Publication No. 04-06-15) which are summarized below: 1. Category I wetlands are more sensitive to disturbance than most wetlands; relatively undisturbed; and contain ecological attributes that are difficult to replace. Generally, these wetlands are not common and make up a very small percentage of the wetlands within the city of Yakima. The following types of wetlands are classified as Category I: a. Wetlands scoring seventy points or more (out of one hundred) in the Eastern Washington Wetland Rating System (EWWRS); b. Alkali wetlands; c. Natural heritage wetlands (wetlands identified by Washington Department of Natural Resources Natural Heritage Program scientists); and d. Bogs. 2. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. Category II wetlands include: a. Wetlands scoring between fifty-one and sixty-nine points (out of one hundred) in the EWWRS; b. Unassociated vernal pools; and c. Forested wetlands. 3. Category III wetlands are often smaller, less diverse, and/or more isolated from other natural resources. Category III wetlands include: a. Wetlands with a moderate level of functions (scoring between thirty and fifty points) in the EWWRS; and b. Associated vernal pools. 4. Category IV wetlands have the lowest levels of functions, scoring less than thirty points in the EWWRS. Category IV wetlands are often heavily disturbed and are wetlands that should be able to be replaced. C. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that can not be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the EWWRS rating sheet to complete the rating. (Ord. 2008-46 § 1 (part), 2008). 15.27.604 Compensatory mitigation requirements. Projects that propose compensation for wetland acreage and/or functions are subject to state and federal regulations. Compensatory mitigation for alterations to wetlands shall provide for no net loss of wetland functions and values, and must be consistent with the mitigation plan requirements of YMC 15.27.314(M). The following documents were developed to assist applicants in meeting the above requirements: A. Compensatory mitigation plans must be consistent with "Guidance on Wetland Mitigation in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals" or as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology Publication No. 04-06-013B). B. Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent with "Wetlands in Washington State—Volume 2: Guidance for Protecting and Managing Wetlands— Appendix 8-D—Section 8-D3" or as revised (Washington State Department of Ecology. Publication No. 05-06-008). (Ord. 2008-46 § 1 (part), 2008). 15.27.605 Wetland mitigation banks. A. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: 1. The bank is certified under RCW Chapter 90.84 or WAC Chapter 173-700; 2. The administrative official determines that the wetland mitigation bank can provide appropriate compensation for the authorized impacts; and 3. The proposed use of credits is consistent with the terms and conditions of the bank's certification. B. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. C. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. (Ord. 2008- 46 § 1 (part), 2008). Part Seven. Geologically Hazardous Areas 15.27.700 Purpose and intent. A. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other geological events. These areas pose a threat to the health and safety of the city of Yakima's citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided. B. The purpose of this section is to: 1. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas; 2. Maintain natural geological processes while protecting new and existing development; and 3. Establish review procedures for development proposals in geologically hazardous areas. C. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This section shall not create liability on the part of the city of Yakima, any officer, or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2008-46 § 1 (part), 2008). 15.27.701 Mapping and designation. A. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365-190-080(4)(b) through (h): 1. Erosion hazards; 2. Landslide hazards, which include: a. Oversteepened slopes; b. Alluvial fan/flash flooding; c. Avalanche; and d. Stream undercutting; 3. Seismic hazards (referred to below as earthquake hazards); and 4. Volcanic hazards. B. The approximate location and extent of erosion hazard areas are shown on the city of Yakima's critical area map titled "Erosion Hazard Areas of the City of Yakima." Erosion hazard areas were identified by using the "Soil Survey of Yakima County Area, Washington" and the "Soil Survey of Yakima Indian Reservation Irrigated Area, Washington, Part of Yakima County." C. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map titled "Geologically Hazardous Areas of the City of Yakima." The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365- 190-080(4)(b) through (h): 1. Landslide Hazard Areas (LS). These include places where landslides, debris flows, or slumps have occurred. a. High risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump within 10,000 years or less. b. Intermediate risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than ten thousand years, but are still capable of movement. c. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. 2. Oversteepened Slope Hazard Areas (OS). These include areas with slopes steep enough to create a potential problem. a. High risk areas (0S3) are defined as having a high potential to fail, include slopes greater than forty percent, and consist of areas of rock fall, creep, and places underlain with unstable materials. b. Intermediate risk areas (052) are defined as areas less likely to fail but are still potentially hazardous. This category includes slopes between fifteen and forty percent. c. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. 3. Alluvial Fan/Flash Flooding Hazard Areas (AF). These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding. These area may include: a. Alluvial fans; b. Canyons; c. Gullies; and d. Small streams where catastrophic flooding can occur. 4. Avalanche Risk Hazard Areas (AR). Areas of avalanche hazards are limited to areas near Cascade Crest, which are currently located outside the city of Yakima's UGA. 5. Stream Undercutting Hazard Areas (SU). These areas are confined to banks near main streams and rivers where undercutting of soft materials may result. a. High risk areas (SU3) include steep banks of soft material adjacent to present stream courses. b. Intermediate risk areas (SU2) are banks along the edge of a floodplain but away from the present river course. c. Low risk areas (SU1) are unlabeled and combined with other low risk areas on the maps. 6. Earthquake Activity Hazard Areas (EA). Recorded earthquake activity in the city of Yakima is mostly marked by low magnitude events and thus low seismic risk. The city of Yakima's low risk areas are unlabeled and combined with other low risk hazards. 7. Suspected Geologic Hazard Areas (SUS). These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1-2-3) is given for these areas. Most are probably OS or LS hazards. 8. Risk Unknown Hazard Areas (UNK). This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination. All of these areas are associated with other classified geologic hazards. D. Volcanic hazard areas are not mapped but are defined as areas subject to pyroclastic (formed by volcanic explosion) flows, lava flows, and inundation by debris flows, mudflows or related flooding resulting from volcanic activity. Volcanic hazard areas in the city of Yakima are limited to pyroclastic (ash) deposits. No specific protection requirements are identified for volcanic hazard areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.702 Geologically hazardous areas protection approach. The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. A. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, building code. YMC Title 11 requirements can be met by the application of the Best Management Practices (BMPs) in the Eastern Washington Stormwater Manual (WDOE publication number 04-10- 076); equivalent manual adopted by the city of Yakima; or any other approved manual deemed appropriate by the administrative official. B. Landslide Hazard Areas. Protection measures for landslide hazard areas will be accomplished through the review process of YMC 15.27.703 by implementing the development standards of YMC 15.27.704. C. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of YMC 15.27.703. D. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards, streams, and shoreline jurisdiction. E. Avalanche Hazard Areas. This condition is outside the city of Yakima's UGA and, therefore, does not apply. F. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard areas will be accomplished through the review process of YMC 15.27.703, by implementing the development standards of YMC 15.27.704. G. Earthquake/Seismic Hazard Area Protection Standards. Protection measures for earthquake/seismic hazard areas will be accomplished by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. H. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas. Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of YMC 15.27.703 and by implementing the development standards of YMC 15.27.704. (Ord. 2009-42 § 11, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.703 Development review procedure for geologically hazardous areas. A. The administrative official shall make a determination of hazard to confirm whether the development or its associated facilities (building site, access roads, limits of grading/excavation/filling, retaining walls, septic drainfields, landscaping, etc.) are located: 1. Within a mapped geologically hazardous area; 2. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an increase in hazard, or pose a risk to life and property on or off the site; 3. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said hazard area; or 4. Within the potential run -out path of a mapped avalanche hazard. B. Developments that receive an affirmative determination of hazard by the administrative official under subsection A of this section must conduct a geologic hazard report as provided in YMC 15.27.315(C), which may be part of a geotechnical report required below. 1. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard, then no geologic hazard review is needed. 2. The administrative official is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through the issuance of a grading or construction permit. C. Developments that receive an affirmative determination of hazard, but do not meet the provisions of subsection (B)(1) or (B)(2) of this section, must: 1. Obtain a critical areas development authorization under Part Three; 2. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be required for development: a. The geotechnical report shall incorporate a submitted assessment which includes the design of all facilities; b. A description and analysis of the risk associated with the measures proposed to mitigate the hazards; and c. Ensure the public safety, and protect property and other critical areas; and 3. Be consistent with YMC 15.27.704. (Ord. 2008-46 § 1 (part), 2008). 15.27.704 General protection requirements. A. Grading, construction, and development and their associated facilities shall not be located in a geologically hazardous area, or any associated setback for the project recommended by the geotechnical report, unless the applicant demonstrates that the development is structurally safe from the potential hazard, and that the development will not increase the hazard risk on site or off site. B. Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the geotechnical report. C. The geotechnical report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided. D. The applicable requirements of grading and construction permits for developments in hazardous areas must be included in the development proposal and geotechnical report. (Ord. 2008-46 § 1 (part), 2008). Part Eight. Critical Aquifer Recharge Areas (CARA) 15.27.800 Purpose and intent. A. The Growth Management Act (RCW Chapter 36.70A) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section. B. Potable water is an essential life-sustaining element and much of the city of Yakima's drinking water comes from groundwater supplies. Once groundwater is contaminated it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area. C. The intent of this part is to: 1. Preserve, protect, and conserve the city of Yakima's CARA from contamination; and 2. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations. D. It is not the intent of this part to: 1. Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications); 2. Enforce or prevent illegal activities; 3. Regulate land uses that use or store small volumes of hazardous substances (including in -field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review); 4. Establish additional review for septic systems, which are covered under existing city of Yakima review processes; 5. Establish additional review for stormwater control, which is covered under existing review processes and has detailed permit review; or 6. Require review for uses that do not need building permits and/or zoning review. The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control. (Ord. 2008-46 § 1 (part), 2008). 15.27.810 Mapping. A. Mapping Methodology. The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City of Yakima" located within the city of Yakima's 2006 Urban Area Comprehensive Plan 2025. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology "Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances" (Publication No. 97-30). The approximate location and extent of critical aquifer recharge areas are depicted on the above- mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility to contamination, as well as wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized: 1. Depth to ground water; 2. Soil (texture, permeability, and contaminant attenuation properties); 3. Geologic material permeability; and 4. Recharge (amount of water applied to the land surface, including precipitation and irrigation). B. Wellhead Protection Areas. The CARA map includes those wellhead protection areas for which the city of Yakima has maps. Wellhead protection areas are required for all Class A public water systems in the state of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site-specific information to determine the susceptibility of the water source to surface sources of contamination. Water sources are ranked by the Washington State Department of Health with a high, moderate, or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten-year time of ground water travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible. (Ord. 2008-46 § 1 (part), 2008). 15.27.820 Protection approach. A. Maps shall be used only as an informational resource to communicate with applicants regarding potential problems in meeting the applicable laws on a particular site. The maps indicate that areas of high susceptibility tend to be located in valley bottoms and follow along floodplain and stream corridors. Extreme susceptibility locations are located largely within floodplains and along streams and wetlands. B. Land uses are subject to many existing federal, state, local, or tribal laws regarding the handling of substances that may contaminate CARAs. Disclosure, educational information, and coordination of existing laws during existing review processes can accomplish the requirement to protect the CARA. Consequently, the city of Yakima's protection of the CARA shall be accomplished through normal project permit review under various Yakima Municipal Code sections, especially the stream protection standards in this chapter (Part Five, Fish and Wildlife Habitat and the Stream Corridor System); YMC Title 11, which provides detailed construction, use, and fire/life safety standards for the storage and handling of dangerous and hazardous substances to a greater extent than most existing state and federal laws. C. The administrative official shall develop and maintain a list of the relevant laws noted above. This list shall be informational and it is intended to be used in coordination with development permit review. This list shall be periodically reviewed and updated so as to provide the most comprehensive list possible to inform project applicants of the requirements of other agencies. D. The administrative official shall also develop and maintain a table of land uses with the potential of being subject to the relevant laws noted above. The table shall be generated and maintained using the intent stated in YMC 15.27.800(D). E. The administrative official and water/irrigation manager shall cooperatively develop questionnaires, to be filled out by new development permit applicants, which comprehensively establish the potential use, storage, and handling methods within the project for substances that have the potential to contaminate groundwater. The questionnaires are intended to ensure full application of existing building and construction codes related to such substances in order to forestall new regulations. F. The administrative official and water/irrigation manager shall develop technical assistance and information materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and local laws relating to CARAs. (Ord. 2009-42 § 12, 2009: Ord. 2008-46 § 1 (part), 2008). Chapter 15.28 MASTER PLANNED DEVELOPMENT OVERLAY* Sections: 15.28.010 Purpose. 15.28.020 Types of master planned development overlays—Permitted uses. 15.28.025 Minimum project size. 15.28.030 Application—Master planned development overlay. 15.28.035 Phased development. 15.28.038 Planned action—Environmental review. 15.28.040 Review process. 15.28.050 Master planned development overlay—Development agreement. 15.28.060 Implementing permits and approvals. 15.28.070 Vesting. 15.28.080 Modification of an approved master planned development overlay. * Prior legislation: Ord. 98-63. 15.28.010 Purpose. A. Purpose. A master planned development overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities. A master planned development overlay is intended to create regulatory incentives and standards that: 1. Allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses; 2. Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects; 3. Increase economic feasibility by fostering efficient arrangement of land uses, buildings, transportation systems, open space and utilities; 4. Preserve or enhance natural amenities, features, shorelines and critical areas in the development of a particular site; 5. Identify significant environmental impacts and ensure appropriate mitigation; 6. Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed-use development within an identified geographic area and vest such projects through a public review process; 7. Encourage environmentally sustainable development; 8. Provide needed services and facilities in an orderly, fiscally responsible manner; 9. Promote economic development, job creation and diversification and affordable housing in the city/county; 10. Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities; and 11. Promote consistency with the goals, policies and objectives of the Yakima urban area comprehensive plan. B. A master planned development may take the form of a residential, commercial, industrial, or mixed-use development. Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning. Residential, commercial and industrial master planned developments shall be allowed in zoning districts consistent with the primary use of the respective master planned development (e.g., residential PD in residential zones). A master planned development—mixed-use shall be permitted in any zoning district subject to specific findings that the site and master concept plan are compatible with existing adjacent land uses. C. Applicants for master planned development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian circulation; promote open space and use of natural and/or developed amenities; and provide an architecturally attractive, durable, and energy-efficient development. (Ord. 2008-46 § 1 (part), 2008). 15.28.020 Types of master planned development overlays—Permitted uses. A. Types of Master Planned Developments. The following four types of master planned development overlays are authorized within the Yakima urban area: 1. Master Planned Development—Residential. A residential master planned development is designed to provide a type or mixture of residential dwellings (single -family, two-family, or multiple-family) with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities or other areas or facilities. A residential master planned development is authorized in any residential zone (suburban residential (SR), single -family residential (R-1), two-family residential (R-2), and multifamily residential (R-3)); and professional business (B-1) and local business (B-2) zones. The residential master planned development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units. 2. Master Planned Development—Commercial. A commercial master planned development is designed for the integrated site planning of commercial, retail, office, or mixed commercial use (commercial, office and retail) developments. The commercial master planned development shall be for the primary purpose of providing commercial services and facilities, and may include any incidental and/or supportive land uses. A commercial master planned development is authorized in any commercial or business district (i.e., B-1, B-2, SCC, LCC, AS, GC, CBD, and RD) and light industrial (M-1) as identified in Table 4-1 (YMC Chapter 15.04). 3. Master Planned Development—Industrial. An industrial master planned development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The industrial master planned development shall be allowed in Tight industrial (M-1) and heavy industrial (M-2) zoning districts as designated in Table 4-1 (YMC Chapter 15.04). 4. Master Planned Development—Mixed-Use. The intent of the mixed-use master planned development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses. Uses may be combined in single structures or buildings or may be designed in conjunction with other uses. A mixed-use master planned development is intended to accommodate larger scale residential, commercial, retail, office, and/or recreational uses. It is recognized that mixed-use development will include innovative planning techniques; a mixture and variety of land uses; integrated planning of site improvements and structures; and site planning that increases the economic feasibility and efficient use of land. A mixed-use master planned development is authorized in any zoning district except airport support (AS) and heavy industrial (M-2). B. Master Planned Developments—Permitted Uses. The following uses are permitted in master planned developments upon approval of a master development plan: 1. Residential Master Planned Developments. a. One-family, two-family, and multifamily residences; b. Recreational and amusement facilities which are intended to serve the master planned development and general public including, but not limited to: golf courses, clubhouses, driving ranges, tennis courts, swimming pools, parks, community centers, and playgrounds; c. Schools, libraries, museums, and art galleries; d. Public services and facilities including police and fire stations; e. Manufactured home parks and subdivisions; provided, that the provisions of YMC 15.04.150 shall be met as a condition of approval of the master planned development; and f. Any other uses authorized in the underlying zone are pursuant to Type (1), (2), or (3) review and are set forth in Table 4-1 (YMC Chapter 15.04). 2. Commercial and Industrial Master Planned Developments. a. Uses are permitted in accordance with those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04). b. Such other uses as are consistent with the Yakima urban area comprehensive plan and future land use map or are of a similar type and intensity as those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04). 3. Mixed -Use Master Planned Development. Any residential, retail, commercial, office, public, light industrial, and/or recreational use may be permitted in a mixed-use master planned development provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and development. It is recognized that uses may include a combination of residential, commercial, retail, service, and recreational uses developed in an innovative manner. It is the intent of this district to provide flexibility in design, concept, and usage in order to respond to and meet the needs of the community and marketplace. C. Additional Uses Allowed. Unless otherwise restricted by subsection B of this section, the hearing examiner is authorized to recommend additional uses within a master planned development provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall take into consideration the following factors: 1. Any nonresidential uses proposed in a master planned development—residential shall be primarily designed and intended for the use of the residents within the proposed development and planned as an integral part of such master planned development; 2. Nonresidential uses within a master planned development—residential are limited to those uses allowed as Class (1) or Class (2) uses in professional business (B-1), local business (B-2), and small convenience center (SCC), as listed in YMC Chapter 15.04, Table 4-1. Such nonresidential uses will be limited to no more than ten percent of the land contained in the master planned development, excepting recreational facilities or as otherwise provided in this chapter. No commercial or other intensive nonresidential use is permitted to be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning; and 3. Residential uses within a master planned development—commercial or industrial shall be limited to those that are secondary to the primary commercial and industrial use and designed in a manner that is consistent with integrated site planning. (Ord. 2008-46 § 1 (part), 2008). 15.28.025 Minimum project size. The minimum project size for a master planned development shall be two acres. All properties included in the master development plan shall be contiguous with logical outer boundaries. (Ord. 2011-52 § 9, 2011: Ord. 2008-46 § 1 (part), 2008). 15.28.030 Application—Master planned development overlay. A. Application for Master Planned Development Overlay. The master planned development overlay zone shall be established only in conjunction with a master development plan, which sets forth the parameters for development of the property including a site plan and development agreement. An application for a master planned development may be submitted as a concept plan or consolidated with site-specific proposals (e.g., preliminary plat, use applications, etc.). The proposed master plan shall be for property under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of property within the master plan and all owners shall agree to be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties included in the master concept plan shall be contiguous with logical outer boundaries located within the urban growth area (UGA). A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the city of Yakima; provided, that all areas are located within the UGA. Applications for master planned development overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing: 1. Annexation of the remainder of the property Tying outside of city limits into the city of Yakima; or 2. Submit a petition for annexation to the Yakima city council for the above-mentioned property, and attain and submit an early transfer of jurisdiction letter to the city of Yakima releasing the proposed land use application to be processed by the city of Yakima. B. Development Plan—Submission Requirements. An application for master planned development shall include the following information: 1. Planning History. A summary of all previous known land use decisions affecting the applicant's property and a list of all outstanding conditions of approval with respect to such prior land use decisions. 2. Existing Property Information. An application for a master planned development shall contain the following information on and adjacent to the site, presented in narrative, tabular, and/or graphic formats: a. Vicinity map that identifies surrounding uses within five hundred feet of the site boundary. b. Legal description for the proposed master planned development together with a title report disclosing all lien holders and owners of record. c. Zoning map that identifies base and overlay zoning designations for the site and surrounding property uses within five hundred feet of the site boundary. d. Site description including the following information provided in narrative, tabular, and/or graphic formats: e. Topography and natural resources including one -hundred -year floodplain; wetlands, rivers, streams, or other critical areas; and natural hazards such as steep slopes greater than fifteen percent, and unstable, impermeable, or weak soils. f. Inventory of cultural, historic, and/or archaeological resources on the site, if any. g. Existing buildings, if any, including use, location, size, and date of construction. h. Existing on-site transportation systems including streets, sidewalks, and bike paths, if any. i. Location and size of existing public and private utilities on the site including water, sanitary sewer, stormwater retention/treatment facilities, and electrical, telephone, and data transmission lines. j. Location of public and private easements. k. A description of the type, design, and characteristics of the surrounding properties for purposes of assessing the proposed master planned development effects. 3. Technical Studies. Technical studies may be required by the administrative official when potential adverse impacts are identified outside of the SEPA regulatory review process and may include the following: a. A traffic impact analysis sufficient to assess access to the site and within the site, on -street parking impacts and limitations and necessary traffic -related improvements; b. Drainage study; c. Geotechnical analysis; d. Noise analysis; e. Visual composite; and f. Other analysis of potentially significant issues as identified during the SEPA environmental checklist review. 4. Site Plan. The application shall include a concept site plan which includes the following elements: a. Project boundaries; b. Primary uses and ancillary uses; c. Existing and proposed structures; d. Gross floor area of development; e. Maximum building heights; f. Minimum building setbacks; g. Maximum lot coverage; h. Any other development standards proposed to be modified from the underlying zoning district requirements; i. The proposed circulation system of arterial and collector streets including, if known, the approximate general location of local streets, private streets, off-street parking, service and loading areas, and major points of access to public rights-of-way, with notations of proposed public or private ownership as appropriate; j. The proposed location of new and/or expanded public and private utility infrastructure; k. Sitescreening, landscaping and street trees; I. A master planned development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the master planned development, which shall reasonably transition the master planned development to any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation are to be provided within one hundred feet of a master planned development boundary, sitescreening shall be provided in accordance with YMC 15.07.020; m. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts; n. Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as identified in technical studies required by this chapter; and o. Shoreline and critical areas where applicable. 5. Development Agreement. The application should also include a draft development agreement including the following elements: a. Narrative description of project and objectives; b. Summary of development standards; c. Site plan elements; d. Development phasing, including times of performance to preserve vesting (YMC 15.28.070); e. Public meeting summaries; f. Performance standards and conditions addressing subsections (B)(5)(a) through (e) of this section; g. Criteria for determining major versus minor modifications and amendments; and h. Signatures by each owner of property within the master development plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained with an approved plan and development agreement. (Ord. 2008-46 § 1 (part), 2008). 15.28.035 Phased development. The master planned development overlay application may include two or more phases of development; provided, that: A. The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development; B. The proposed timing or sequencing of development, recognizing that phasing may require flexibility that is responsive to market demands; C. Each phase will be subject to development standards identified, adopted, and vested in the review process; and D. Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed. (Ord. 2008-46 § 1 (part), 2008). 15.28.038 Planned action—Environmental review. An application for master planned development overlay shall include a completed environmental checklist. If requested by applicant and deemed appropriate by the city/county, a master planned development overlay proposal may be designated by the city/county as a planned action pursuant to RCW 43.21C.031(2) and WAC 197-11-164 et seq. (Ord. 2008-46 § 1 (part), 2008). 15.28.040 Review process. A. Application. The master planned development overlay application shall be reviewed using the rezone procedures described in YMC 15.23.030. The criteria of YMC 15.23.030(E)(1) through (7) shall not be used. Upon filing of a complete master plan application and completion of the required environmental review process, the planning department shall forward the application, together with its recommendation, to the hearing examiner to conduct a public hearing and review in conformity with YMC 15.23.030. B. Preapplication Conference. A master planned development site plan shall be subject to a preapplication conference prior to formal submittal. The preliminary site plan shall be submitted to the administrative official, which shall include the material outlined for a master concept plan as set forth in YMC 15.28.030(B). The administrative official shall coordinate with the appropriate departments and provide recommendations to the applicant regarding site planning; use and concept design; street, and utility layout, design, and location; development standards; and other matters pertinent to the application and review criteria. C. Public Hearing and Recommendation. A master planned development application shall be reviewed in an open record public hearing before the hearing examiner. Hearings shall be as prescribed in YMC 16.03.030 and 16.03.040. The hearing examiner shall apply the master planned development review criteria set forth herein and issue a written recommendation to the legislative body to approve, approve with conditions, or deny the proposed master planned development. The hearing examiner may add recommended conditions as necessary to protect the general public interest, health, safety, comfort, and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall specifically include findings, conclusions, and conditions based on evidence and testimony in the open record public hearing. D. Master Planned Development—Review Criteria. The hearing examiner shall evaluate a master planned development application and other evidence submitted into the record; and shall issue such recommendation based upon the following considerations and criteria: 1. The master planned development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The hearing examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts; to respond to market conditions; or to otherwise achieve the public benefits contemplated by the concept plan. 3. Consideration shall be given to "low impact development" concepts. 4. There will be adequate infrastructure capacity available by the time each phase of development is completed. 5. The master planned development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the master planned development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features or techniques. 6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. 8. The proposed development is not adverse to the public health, safety, or welfare. 9. The public benefits of approving the master planned development outweigh the effect of modification of standards to the underlying zoning district. 10. The proposed development is designed to be consistent with the provisions of the shoreline master program and critical areas ordinance of the appropriate jurisdiction. E. Legislative Body. Following receipt of the hearing examiner's recommendation, the legislative body shall schedule a closed record hearing for consideration of the hearing examiner's recommendation on the master planned development overlay application. Upon conclusion of the hearing, the legislative body may: 1. Accept the hearing examiner's recommendation; 2. Remand the master planned development application to the hearing examiner to provide supplementary findings and conclusions on specific issues; 3. Modify the hearing examiner's recommendation based upon testimony and evidence provided at the open record public hearing. In the event of a modification of the hearing examiner's recommendation, the legislative body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with their final determination; or 4. Deny the application, with or without prejudice. F. Appeals. The legislative body's decision shall be the final decision on the project permit application, subject to appeal pursuant to the Land Use Petition Act (LUPA)—RCW Chapter 36.70C. (Ord. 2008-46 § 1.(part), 2008). 15.28.050 Master planned development overlay—Development agreement. An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.706.170. The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development. This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development. The approved development agreement shall be signed by the city manager or chairman of the board of the Yakima County commissioners and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits. (Ord. 2008-46 § 1 (part), 2008). 15.28.060 Implementing permits and approvals. A. Implementing Applications. Any development applications submitted for property within an approved master planned development overlay shall be reviewed for consistency with and implement the master planned development plan. Such implementing applications with appropriate fees shall include but not be limited to applications for preliminary plat approval, binding site plans, certificates of zoning review, building permits, and other similar applications. Any subsequent application shall be reviewed and approved in accordance with the conditions and standards adopted in the master planned development overlay. B. Planned Action—Environmental Review. An applicant may submit a master planned development concept plan as a planned action pursuant to WAC 197-11-164. Any project review pursuant to the authorized planned action shall include the following: 1. Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the master planned development approval and ordinance or resolution; and 2. Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the context of the master plan review processes. In the event the implementing project meets the above requirements, the administrative official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required (WAC 197-11-172(2).) The city/county is authorized to place conditions on the project in order to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying permit. (Ord. 2008-46 § 1 (part), 2008). 15.28.070 Vesting. A. The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement described in YMC 15.28.050 is recorded, inclusive of specific conditions and standards set forth in said development agreement. The vesting period shall be for the time stated in the development agreement associated with each specific master planned development and shall be agreed upon by the parties to the development agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the development agreement. B. Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in public facilities such as sewer and water, if such reservations are specifically agreed upon in the development agreement required by YMC 15.28.050. Such reservations shall be applicable for the time set forth in the development agreement. (Ord. 2008-46 § 1 (part), 2008). 15.28.080 Modification of an approved master planned development overlay. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination: A. Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement; and B. Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement. A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; 6. The amendment does not materially impact the overall design of the approved master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. C. Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). Chapter 15.29 WIRELESS COMMUNICATIONS FACILITIES Sections: 15.29.010 Purpose. 15.29.020 Definitions. 15.29.030 Exemptions. 15.29.040 Permits required. 15.29.050 Application submittal/fees. 15.29.060 Development standards. 15.29.070 Design criteria. 15.29.080 Site selection standards. 15.29.090 Safety and industry standards. 15.29.100 Wireless conditional use permit criteria. 15.29.110 Wireless height variance. 15.29.120 Application review process. 15.29.130 Balloon tests—Visual impact assessments. 15.29.140 Third -party review. 15.29.150 Nonuse/abandonment. 15.29.160 Transfer of ownership. 15.29.170 Vacation of permits. 15.29.180 Violation—Penalty. 15.29.190 Relief, waiver, exemption. 15.29.200 Severability. 15.29.010 Purpose. The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication facilities, including towers, antennas and support structures. A. Goals. The goals of this chapter are to: 1. Enhance the ability of personal wireless service providers to provide such services throughout the city quickly, effectively, and efficiently; 2. Encourage personal wireless service providers to locate towers and antennas in nonresidential areas; 3. Encourage personal wireless service providers to co -locate on new and existing tower sites; 4. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; 5. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact; and 6. Provide for the wireless communications needs of governmental entities. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary: 1. To manage the location of towers and antennas in the city; 2. To protect residential areas and land uses from potential adverse impacts of towers; 3. To minimize adverse visual impacts of towers through careful design, siting, landscape, screening, and innovative camouflaging techniques; 4. To accommodate an increased need for towers to serve the wireless communications needs of city residents; 5. To promote and encourage co -location on existing and new towers as an option rather than construction of additional single -use towers, and to reduce the number of such structures needed in the future; 6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and 7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures. B. New Uses. All new telecommunication towers, antennas and support structures shall comply with this chapter after the effective date of the ordinance codified in this chapter. C. Existing Uses. All telecommunication towers and antennas existing on the effective date of the ordinance codified in this chapter that are not in compliance with this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.020 Definitions. For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC. "Abandonment" means to cease operation for a period of sixty or more consecutive days. "Administrator" means the director of the city's department of community development and his or her designees. "Antenna" means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower, structure or building for the purpose of providing wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized mobile radio" and "personal communications services," telecommunications services, and its attendant base station. "Antenna height" means the vertical distance measured from the base of the antenna support structure at natural grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals. "Applicant" means any provider or any person, partnership, company, or government agency that files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city. "Balloon test" means a test for a reasonable period of time to fly, or raise upon a temporary mast, a brightly colored balloon, that is representative in size of the initial antenna array including all standoffs, at the maximum height of the proposed tower. "Base station" is defined as a facility or support structure consisting of radio transceivers, antennas, coaxial cable, a regular and backup power supply, and other associated electronics, including a structure that currently supports or houses an antenna, transceiver, or other associated equipment that constitutes part of a base station, and encompasses such equipment in any technological configuration, including distributed antenna systems and small cells. "Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically impracticable under the facts and circumstances. The term includes, without limitation: (a) the use of structures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing structure that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new structure; (c) "stealth structures" in which the antenna or other wireless facility component is disguised or concealed within a structure designed to appear as another structure (such as a church steeple or flagpole) or another natural form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural features. "Cell site" or "site" means a tract or parcel of land that contains wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with, and ancillary to, personal wireless services. "City" means the city of Yakima. "City property" means all real property owned by the city whether in fee ownership or other interest. "Co -location" means the mounting or installation of an antenna or antennas on an existing tower or wireless facility for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. "Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC Title 15, Yakima Urban Area Zoning Ordinance. "COW" means "cell on wheels" or other temporary wireless communications facility. "Design" means the appearance of wireless service facilities, including such features as their materials, colors, and shape. "EIA" means the Electronics Industry Association. "Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and to protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities. "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with cross -arms, poles without cross -arms, wires, lines, conduits, cables, communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Governing authority" means the city council of the city of Yakima. "Governmental entity" means the state of Washington, Yakima County, the city, municipally owned utilities, and special purpose districts including the school, fire and library districts. "Hearing examiner" means the duly appointed hearing examiner of the city. "Major modification" means a co -location or other modification that constitutes a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(2). "Minor modification" means a co -location or other modification that does not constitute a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(1). "Modification" or "modify" means the addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change -out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co -location is a modification. A modification shall not include repair and maintenance as defined by this chapter. "Mount" means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts: 1. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building. 2. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower. 3. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. "Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the approved finished grade of land platted through the subdivision process. "Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications facilities owned by another telecommunications provider does not constitute occupying the rights-of-way. "Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities and individuals. "Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title shall be defined in the same manner as in 47 USC Section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services. "Protected areas" are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c) proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings, structures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to preservation or protection through recorded conservation easement. "Provider" means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and/or individual that provides personal wireless service over wireless service facilities. "Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted. "Right-of-way use permit" means the authorization by which the city grants permission to a service provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing identified facilities. "Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YMC 15.02.020, but does not include (a) structures, including poles and conduits, located within the right-of-way; or (b) federally granted railroad rights-of-way acquired under 43 USC Section 912, and related provisions of federal law, that are not open for motor vehicle use. "Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses. "Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. "Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass. "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating or managing any facilities used to provide and providing telecommunications or cable television services for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town. "State" means the state of Washington. "Surplus space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment. "Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of providing telecommunications services to locations outside the city. "Telecommunications service" means transmission of information, except cable television service, by wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general public. For the purposes of this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service excludes the over -the -air transmission of broadcast television or broadcast radio signals, and facilities necessary for governmental purposes. The city shall act on an application within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the application in accordance with the time frames set forth in specific sections of this chapter, YMC Title 16, Administration of Development Permit Regulations, and in accordance with other applicable ordinances. "Telecommunications service provider" includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering telecommunications services, except cable television service, to residents, businesses or other locations within the city. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. "Tower" also includes any structure built for the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities. "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. "Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not need an FCC license. "Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington Utilities and Transportation Commission. "Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility or telecommunications services. "Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power, telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether located within or outside the public right-of-way. Utility poles are subject to rights of ownership, applicable franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC), and statutes governing location and relocation. "Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.030 Exemptions. The following are exempt from the provisions of this chapter and shall be permitted in all zones: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite dish antennas less than two meters in diameter, including direct -to -home or site satellite services, when used as a secondary use of the property. G. Routine maintenance, replacement or repair of a personal wireless service facility and related equipment that does not constitute a modification; provided, that compliance with the standards of this chapter is maintained. Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to the provisions of YMC 15.29.060(A). H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty days after the completion of such emergency activity. I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a maximum of ninety days in any three hundred sixty-five day period or during an emergency declared by the city. J. Telecommunications facilities of the city located upon city property and city utility poles and fixtures. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.040 Permits required. The following table summarizes the permits required for the various types of personal wireless service facilities that meet the standards of this chapter: Table 29-1 Permit Table* Type of Use Permit Type Approval Type Co-location/minor modification (no substantial change) Modification Administrative (if minor modification) Co-location/major modification (substantial change in height) Same as New Towers (depending on location) Same as New Towers (depending on location) New antenna (existing noncellular structures, industrial and commercial zoning districts) Standard Wireless Administrative New tower (public or city -owned property) Standard Wireless Administrative/Lease New tower (commercial or industrial zoning district, more than 300 feet from residential or protected area) Standard Wireless Administrative New tower (in or within 300 feet of residential zoning district) Standard Wireless—if camouflaged by stealth Wireless CUP**—if not camouflaged by stealth Administrative or Hearing Examiner New tower (in or within 300 feet of protected area) Wireless CUP Hearing Examiner Any tower, antennas or modification not meeting standards of this chapter Wireless Variance Hearing Examiner Permit Table* Type of Use Permit Type Approval Type * Applicable permits include building permits and other permits required for installation. ** Wireless conditional use permit (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.050 Application submittal/fees. A. Standard Wireless Application. A complete application shall consist of the following: 1. A complete application form as provided by the community development department. 2. The name, address, signature and contact information of the applicant: a. If the applicant is not the landowner, applicant shall provide written authorization signed by the landowner authorizing the applicant to submit for permits on the landowner's behalf. The written authorization signed by the landowner shall contain a statement and acknowledgement by the landowner that the landowner shall be deemed a co -applicant by virtue of such authorization. b. If any applicant or co -applicant is a corporation, trust, association, or other organized group or legal entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of authority filed with the state of Washington, Secretary of State's Office. 3. Evidence that the applicant is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed telecommunications provider for use or lease of the support structure. 4. Legal description of the parcel. 5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot intervals, location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, and all other items required in this chapter. 6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height and width of the facility. 7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing materials associated with the wireless facility. 8. State Environmental Policy Act (SEPA) checklist, if required. 9. A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices. 10. A copy of the FCC license for the intended use of the wireless telecommunications facilities. 11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor lighting fixtures, including direction and intensity of light, and including manufacturer's "cut -sheets" of all outdoor luminaries. 12. The location of existing or proposed structures, trees, and other significant site features intended to camouflage the facility. 13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations. 14. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded" to verify that the wireless telecommunication facility with the proposed installation will be in full compliance with the current FCC RF emissions guidelines (non -ionizing electromagnetic radiation—NIER). If not categorically excluded, a complete RF emissions study is required to provide verification. 15. Applicable fees. 16. Other information for each permit and structure type as specified in subsection B of this section. B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard permit in subsection A of this section, the following information shall be provided for each specified permit type or structure type: 1. New Towers and Base Stations. a. A current map and aerial showing the location of the proposed tower and/or base station; a map showing the locations and service areas of other personal wireless service facilities operated by the applicant in the city. b. The approximate distance between the proposed tower and the nearest residential unit, residentially zoned properties, and protected areas. c. A statement by the applicant that the design of the tower will accommodate co -location of additional antennas for future users. d. An affidavit stating that (1) the applicant and landowner agree they will allow co -location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location, subject to good faith negotiation of compensation according to market rates, and (2) the applicant and/or landlord agree to remove the facility within ninety days after abandonment. e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure owners, if different, indicating that: i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible to dismantle and remove the WCF/antenna support structure and restore the site to its approximate original prestructure condition within the applicable time limits set forth in YMC 15.29.150 following receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this chapter; and ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such affidavit or a memorandum thereof with the Yakima County auditor against title to the property for which the permit was issued. f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new facilities. g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the proposed camouflaging reflects conditions of the surrounding site and area. 2. Facilities in Residential Zoning Districts and Protected Areas. a. A statement describing the applicant's effort to first locate the proposed communications facilities on a government facility, a private institutional structure (such as a hospital or school), or other appropriate existing structures outside the residential zone or protected area and within a half -mile radius of the proposed site, and explaining why, based upon valid considerations including physical, technological, leasing, or other valid constraints, no more appropriate location is available. b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. c. A statement describing the applicant's effort to first contact the owners of structures in excess of thirty-five feet within a one -quarter -mile radius of the site proposed and which from a location standpoint could meet the coverage/capacity objectives of the facility in the applicant's network. The statement shall, if applicable, confirm whether the applicant asked for permission to install the antenna on those structures and whether he or she was denied permission of use for reasons other than the ability or refusal of the applicant to pay a market rate for use of the alternative structures. 3. Modification Permit. a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the height and width of the facility. (This drawing is required in addition to elevation drawing of proposed facility described under subsection A of this section); b. A landscape and irrigation plan showing all methods to landscape and screen the base of the modified telecommunication facility; c. A computation and description of proposed modification establishing whether or not such modification constitutes a substantial change in the physical dimensions of the existing facility (if the application is for modification of an existing facility); and d. Written authorization signed by the owner of said facility authorizing its modification. (Required if the applicant is not the owner of the existing wireless facility.) 4. Wireless CUP (Conditional Use Permit). a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects conditions of the surrounding site and area. b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a wireless conditional use permit prescribed in YMC 15.29.100. c. A list of owners of property within three hundred feet of the site and their associated mailing addresses. 5. Wireless Variance. a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a wireless height variance prescribed in YMC 15.29.110. b. A statement describing the requested variance and why it is needed. c. A list of owners of property within three hundred feet of the site and their associated mailing addresses. C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to post notice at a location or locations deemed appropriate by the city, and will provide notice to the governing body of any affected historic district association or organization. Applicant shall provide an affidavit that all required notices have been posted and published as required. Additionally, and without limitation, the city may use any other means deemed advisable to provide advance notice to the public. D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in Table 29-2. Table 29-2 Application Fees* Permit Type Fee Modification (if minor) $300.00 Modification (if major) $500.00 Standard Wireless $500.00 Wireless Variance $1,500.00 Wireless Conditional Use Permit $3,500.00 * Separate fee required for each permit type associated with application. For an application requiring a wireless variance and a wireless conditional use permit, both the variance fee and the conditional use permit fee are required. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.060 Development standards. A. Modifications to an Existing Wireless Facility or Base Station. 1. Minor Modification. Any modification of or co -location on an existing wireless facility that does not substantially change the physical dimensions of such tower or base station (as defined in subsection (A)(2) of this section), even if it exceeds the underlying standards of the zoning district, shall be deemed a "minor modification" and shall be administratively approved under a modification permit. 2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major modification." A substantial change occurs if: a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; or b. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or d. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. 3. Major Modification—Required Permits. A major modification shall be processed under the same permit types as new towers located in the same zone and area. (See Table 29-1, Permit Table.) B. Co -Location Capable—New Structures. To reduce the number of antenna support structures needed in the city in the future, the following standards apply to new towers or base stations: 1. Requirement and Waiver. New proposed support structures shall be designed to accommodate at least two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived if such design is not feasible for aesthetic reasons, or necessary to preserve camouflaging or stealth structures in residential or protected areas; or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible or creates an unnecessary and unreasonable burden, based upon: a. The kind of wireless telecommunications facilities site and structure proposed; or b. The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; or c. Available space on existing and approved towers or other appropriate structures. 2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either: a. Provide a written statement affirming that a master license agreement with another wireless provider or providers exists stating mutually acceptable terms and conditions for co - location for wireless facilities on the tower and site; or b. Provide a written statement affirming that the owner and owner's successors will negotiate in good faith for the co -location and shared use of the proposed tower by other wireless service providers in the future, and shall allow shared use of the tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. C. Co -Location Encouraged—Existing Structures. To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal wireless service facilities on existing towers and structures is encouraged as follows: 1. Co -location is permitted by right under a modification permit, unless the modification constitutes a substantial change to the tower and/or base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. Changes to tower height that constitute a "substantial change" as defined by subsection (A)(2) of this section are subject to all provisions applicable to new towers and base stations described in this chapter. 2. The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on a suitable existing structure or tower within one-half mile of the proposed facility. 3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co -location with competitors. D. Required Parking. Adequate parking shall be required for maintenance workers. E. Balloon Test. A balloon test is required for any application requiring a wireless conditional use permit or variance. Additionally, the administrator may require a balloon test for any new wireless facility for which the administrator finds that such test will enable the city to better determine appropriate means of camouflage or other conditions. F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning districts. 1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC 15.29.050(B)(2) have been met. 2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet of an established or pending federal, state or local historic district or historic district overlay are facilities that may affect districts, sites, buildings, structures or objects significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places. (See 16 U.S.C. 470w-5; 36 CFR Parts 60 and 800.) Applicant shall comply with applicable provisions of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein. 3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed to be located in a local historic district, historic district overlay, or other protected historic site, listed in the city of Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the issuance of any permit for the construction, installation or major modification of wireless facilities in such areas. G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of any necessary and appropriate building permits to accomplish such modification, subject to compliance with applicable permit requirements and fees. Applicant shall submit complete applications for all other construction permits necessary to accomplish the construction. H. Financial Security Required. The applicant shall provide a financial guarantee in the form of a bond or other financial instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility removal should it be necessary. I. Utility Pole Installations. Reserved. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.070 Design criteria. All facilities shall comply with the following standards: 1. Setback. A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. Except as otherwise set forth below, setbacks for facilities shall comply with the setback requirements of Chapter 15.05 YMC and Table 5-1. a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and antenna support structure are located in the city right-of-way, provided the antenna is attached to an existing city tower or facility. b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected area, towers shall be set back from all property lines a distance equal to one hundred ten percent of tower height as measured from ground level. c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height. d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless facility that constitutes a minor modification shall be considered in compliance with the setback requirements previously approved for the existing wireless facility. e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable if the antenna and antenna support structure were constructed, or application for such construction vested, on a parcel created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless facilities constructed on and after the effective date of this code on parcels created pursuant to RCW 58.17.040(8) are subject to the setback requirements. 2. Tower and Antenna Height. The maximum height of a wireless facility is as follows: a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility shall exceed the height allowed by the underlying height limitation for the zoning district in which the facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this section, the maximum height is sixty feet. b. In CBD and B-1 zoning districts, the maximum height is sixty feet. c. In all other zones, the maximum height is one hundred ten feet. d. In any zoning district, the applicant shall have the burden of demonstrating that the tower is the minimum height required to meet the proven communications need. e. Structures that exceed the above height limits may be permitted by variance pursuant to the cellular height variance provisions of YMC 15.29.110. 3. Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the surroundings or background, that minimizes their visibility, unless a different color is required by the FAA. Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through weathering, and to prevent flaking. 4. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required or allowed by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a distance that is three hundred percent of the height of the tower, then dual mode lighting shall be requested from the FAA. 5. Fencing and Security. The antenna support structure shall be secured against unauthorized entry. A well -constructed wall or wooden fence not Tess than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by dense vegetative screen at least eight feet in depth along all visible portions of the fence. 6. Anti -Climbing Device. All support structures shall be fitted with anti -climbing devices, as approved by the manufacturers. 7. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-specific basis, taking into account existing structures and natural features both on and surrounding the site. When considering surrounding features that the facility is designed to reflect, nonconforming structures shall not be considered; nor shall structures such as utility poles, signs, smoke stacks, mechanical equipment, utility substations, other wireless -based structures or similar features that contribute to visual clutter of an area be used to determine an acceptable camouflage technique. In all zones, towers shall be camouflaged using the least visually and physically intrusive facility that is not technologically impracticable under the facts and circumstances. Camouflaging for new towers and base stations shall include the following: a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be required to buffer personal wireless service facilities to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other on-site features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures: i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted around the perimeter of the fence. ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-eight inches in height within eighteen months shall be planted in front of the tree line referenced above. iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of three or more evergreen trees at least seventy-five percent of the height of the facility. iv. An automatic irrigation system providing irrigation as needed according to plant type, season and maturity of plantings. c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping improvements. In the event that landscaping is not maintained at the required level, the city after giving thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full, or may seek enforcement through any available remedy. d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are preserved, the following note shall be recorded on the property title: All trees within 50 feet of the telecommunications facility located on this property, which serve to screen the telecommunications facility, shall be retained for the life of the telecommunications facility. Screening trees may only be removed if deemed diseased or dangerous by a certified arborist. Before any trees can be removed a report from the certified arborist shall be submitted to the City for review and approval. Unless approved by the City, only that portion of the tree required to remove the hazard can be removed. The City may require the trees to be replaced by the telecommunication provider. 8. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or protected area must be concealed within a stealth structure unless otherwise approved through a wireless conditional use permit. Stealth structures shall be designed as follows: a. The stealth camouflage structure or facility must be compatible with surrounding development by being either similar in height to surrounding structures or a sufficient distance from surrounding structures to create a significant visual separation; b. Stealth designs reflect features that are indigenous to the area. For example, towers designed to look like trees must be tree types that naturally or commonly occur in the surrounding neighborhood or district. Towers designed to look like buildings or structures must be of a design that reflects local architecture or structure types; c. Stealth designs look reasonably similar to the items they intend to mimic. For example, towers designed to look like flag poles have the common dimensions of flag poles, both in height and girth. Towers designed to look like steeples on churches are of a height and scale proportional to the building design. (Other churches in the area can provide examples of acceptable proportions between the size of the steeple and the size of the church buildings.); d. After completion of construction, the antennas, towers and related facilities will be maintained within the stealth structure so as to be concealed from view or be viewed as the camouflaging stealth structure; and e. The administrator may impose other conditions or mitigations reasonably related to such structures as warranted by special conditions of the subject property and the type of camouflaging structure, including but not limited to additional or supplemental setback requirements, maintenance requirements, and other measures intended to accomplish the purposes of this chapter and section. 9. Antenna Criteria. Antennas on or above a structure shall be subject to the following: a. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must for technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including parapets. c. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. The antenna may be attached to an existing mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. e. On buildings thirty feet or Tess in height, the antenna may be mounted on the roof if the following additional criteria are satisfied: i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. ii. Roof mounted antenna and related base stations are screened from view by materials that are consistent and compatible with the design, color, and materials of the building. iii. No portion of the antenna may exceed sixteen feet above the height of the existing building. iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum setback equal to the height of the panel antenna from the rooftop edge. v. Antenna, antenna arrays, and support structures shall not extend more than sixteen feet above the highest point of the structure on which they are mounted. The antenna, antenna array, and their support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to comply with applicable building code standards. The antenna, antenna array, and their support structure shall be a color that matches the field or trim color of the structure on which they are mounted. 10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached. 11. Equipment Structures. The standards for equipment structures (base stations) are as follows: a. Ground Structure. i. The maximum floor area is five hundred square feet and the maximum height is twelve feet, unless the applicant demonstrates that a larger area and/or increased height is necessary to accommodate the proposed facility and possible co -location. ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances. iii. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures, including building form, materials and color. b. Roof Mounted Structure. i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the exterior design and materials of the building. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted. ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five percent of the total roof area of the building the facility is mounted on, which may vary if co -location and adequate camouflage are used. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.080 Site selection standards. A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c) proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings, structures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to preservation or protection through recorded conservation easement. B. Discouraged Areas in B-2 and SCC Zoning Districts. New antenna and antenna support structures should be avoided in the following locations within the B-2 local business and SCC small convenience center zones when possible: 1. Within three hundred feet of residential areas. 2. Within three hundred feet of protected areas. An applicant that wishes to locate in these areas shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a site, private institutional structure, or other appropriate existing structures more than three hundred feet from residential zoned districts or more than three hundred feet from a protected area, and that, due to valid considerations including physical constraints, and technological feasibility, no more appropriate location is available. Such antennas, towers and related facilities may be approved by the administrator, subject to the administrator's approval of camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test and/or photo -simulation requirements of YMC 15.29.130 in order to assist the administrator in determining appropriate camouflage and/or stealth requirements. C. Priority of Locations. The order of priorities for locating new personal wireless service facilities shall be as follows: 1. Co -location (See YMC 15.29.060(B) and (C)). 2. Industrial zoning districts. 3. Public property (See subsection E of this section). 4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers). 5. Local business district (B-2) and small convenience center (SCC) zoning districts. 6. Residential zoned districts. 7. Protected areas. D. Site Selection Criteria. 1. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall evaluate different sites within a one -quarter -mile radius to determine which site will provide the best screening and camouflaging while providing adequate service to satisfy its function in the applicant's system. If the applicant proposes a site that does not provide the best opportunities for screening and camouflaging then the applicant must demonstrate why the facility cannot be located at the site where it can be best screened and camouflaged and why the antenna must be located at the proposed site. 2. Wireless facility installations, including any low power mobile radio service facilities, shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of camouflage. E. Siting Priority on Public Property. 1. Order of Preference. Where public property is sought to be utilized by an applicant, priority for the use of government-owned land for wireless antennas and towers will be given to the following entities in descending order: a. City of Yakima, except that any facilities proposed for location within the airport safety overlay (ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC; b. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Yakima and private entities with a public safety agreement with the city of Yakima; c. Other governmental entities, for uses that are not related to public safety; and d. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public. 2. Subject to City Discretion. The placement of wireless service facilities on city -owned property is subject to the discretion of the city and approval of lease terms that are acceptable to the city, and must comply with the following requirements: a. The facilities will not interfere with the purpose for which the city -owned property is intended; b. The facilities will have no significant adverse impact on surrounding private property, or any significant adverse impact is mitigated by screening, camouflage or other condition required by city; c. The applicant shall obtain adequate liability insurance naming the city as loss payee and commit to a lease agreement that includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of removing the facilities; e. The lease shall provide that the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice the city may require the applicant to remove the facilities at the applicant's expense. Telecommunication facilities serving essential government services and other government agencies shall have priority over other users; f. The applicant must reimburse the city for any related costs that the city incurs because of the presence of the applicant's facilities; g. The applicant must obtain all necessary land use approvals; and h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the number of cell sites requested. F. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met: 1. The city parks commission has reviewed and made a recommendation regarding proposed personal wireless service facilities to be located in the park and this recommendation has been forwarded to the city council for consideration and approval; 2. In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer recharge areas) unless they are co -located on existing facilities; and 3. Before personal wireless service facilities may be located in public parks, visual impacts and disruption of normal public use shall be mitigated. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.090 Safety and industry standards. A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within six months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for revocation of permit. B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty days, the city may remove the tower at the owner's expense. C. Data Transmission Standards. Towers shall be constructed to applicable Electronic Industry Association (EIA) standards, which may be amended from time to time. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer that demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards. D. Inspection Report Filing. Within sixty days of any required safety inspection performed in accordance with EIA and FCC standards, the facility operator shall file a copy of the report with the city. Each year after the facility becomes operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve months. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.100 Wireless conditional use permit criteria. A. Uses Requiring Cellular Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC 15.29.050. Wireless CUPs require a public hearing before the hearing examiner and final approval by the hearing examiner. B. Criteria for Granting Cellular Conditional Use Permit. Before any conditional use may be granted, the hearing examiner must find that: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is located; 2. The proposed use shall meet or exceed the performance standards that are required in the zoning district the proposed use will occupy; 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; 4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy plan; and 5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with surrounding development. The hearing examiner may: 1. Increase requirements in the standards, criteria or policies established by this title; 2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; 3. Require structural features or equipment essential to serve the same purpose set forth above; 4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in matters for which a variance is the remedy provided; 5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located; 6. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need; and 7. Require the posting of construction and maintenance financial security sufficient to secure to the city one hundred fifty percent of the estimated cost of construction and/or installation and fifteen percent maintenance of required improvements. D. Required Condition of Approval. The decision shall include a condition that building permits not be issued until financial security is provided pursuant to YMC 15.29.060(H). This requirement applies whether specifically stated in the decision or not. E. Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right of appeal to the city council in accordance with YMC 16.08.030. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.110 Wireless height variance. A. Applicability. A cellular height variance is required for any major modification to an existing tower, antennas, or base station or construction of a new tower, antennas, or base station that requires a height in excess of height limits defined in YMC 15.29.070(2). B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the conditions as set forth herein have been found to exist. A wireless height variance is subject to: 1. Compliance with standard wireless permit standards of YMC 15.29.120(D); 2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and 3. All of the following criteria must be met: a. The additional height is necessary to provide adequate service to the residents of the city and no other alternative is available; b. A significant portion of the tower and related facilities are screened by existing evergreen trees or existing structures; c. Strict application of current height limits would deprive a tower or antenna operator from achieving the minimum height required to meet the proven communications need; d. The structure for which the variance is requested is in harmony with the general purpose and intent of this chapter; e. There is evidence that additional height is required to provide adequate service to the residents of the city and that no other alternative is available; f. There are special circumstances applicable to the subject property such as shape, topography, location, or surroundings that prevent the operator from achieving the minimum height required to meet the proven communications need; g. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity; h. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or screening as defined by this chapter; i. The location of the tower and antenna has been chosen so as to minimize the visibility of the facility from residentially zoned land and to minimize the obstruction of scenic views from public properties; and j. The variance is the minimum necessary to grant relief to the applicant. C. Decision. Based upon the information provided by the applicant, the results of the balloon test and visual impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may: 1. Approve an application for a variance, which may include additional requirements above those specified in this title or require modification of the proposal to comply with specified requirements or local conditions; or 2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B of this section. D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all of the criteria in subsection B of this section. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.120 Application review process. A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for his or her proposed wireless facility, what additional information or studies may help in the review of the application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator may help to identify protected areas and may also suggest vantage points from which a visual impact assessment should be based. B. Review for Completeness. The administrator shall review each application for completeness as specified in YMC 15.29.050. After review of the application, the administrator shall issue a determination of completeness or incompleteness in accordance with Chapter 16.04 YMC. In addition to information required for a complete application, the administrator may request additional information from the applicant to review the proposal and determine compliance with the provisions of this chapter. Except for the timelines specified in subsection C of this section for applications to modify an existing wireless facility or base station, such administrative review, processing and issuance of administrative permits shall comply with the city's timelines and procedures governing review and issuance of administrative permits in Chapter 16.04 YMC. C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall be reviewed as follows: 1. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete application for modification, the administrator shall review and issue a written determination as to whether the requested modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The administrator may request additional information from the applicant or any other entity to assist in this determination. 2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the administrator to be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a modification permit, which may include conditions necessary to achieve compliance with the provisions of this section. Issuance of the modification permit shall occur within forty-five days after receipt and approval of a complete application for a modification permit. 3. Finding of Substantial Change—Major Modification. If the administrator determines that such application constitutes a substantial change to the physical dimensions of an existing wireless tower or base station, he shall issue a written determination that the change is a major modification and direct the applicant to submit the appropriate application(s) as specified in Table 29-1 and YMC 15.29.050. D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications shall be reviewed as follows: 1. Administrative Decision. All standard cellular applications shall be subject to administrative review and decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-1. 2. Camouflaging/Stealth Review. The administrator shall review the proposed method of camouflaging or stealth against conditions on or surrounding the site as follows: a. The administrator shall consider how proposed design of the tower, placement on the site, topography of and surrounding the site, color, structures on and surrounding the site, and natural features on and surrounding the site help to blend the wireless facility into its setting. b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon lines of sight or vantage points identified by the administrator. c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the wireless facility into its setting. The administrator may impose conditions to ensure that the facility achieves this objective. 3. Compliance with Standards. The administrator shall review the proposal against all other standards of this chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co -location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the administrator considering the scope and complexity of the required revision, revised plans to address the compliance issue, or direct the administrator to render a decision on the application as submitted. 4. Written Decision. The administrator shall issue a written decision on the application within the time frame specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any conditions necessary to achieve compliance. The decision shall include a condition that building permits not be issued until financial security is provided pursuant to YMC 15.29.060(H). 5. Appeals. The determination or decision of the administrator on any application under this chapter shall constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC. E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as follows: 1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted to the administrator, who shall review such application for completeness and compliance with filing requirements under this chapter and applicable codes of the city, in accordance with the provisions and procedures of YMC 1.43.090 and YMC Title 16. 2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for both a balloon test and visual impact assessment. The administrator may provide input on both the timing of the balloon test and the desired vantage points from which the visual impact assessment will be based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public hearing. 3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional information and reports from the applicant necessary to facilitate analysis of the proposal, including but not limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life, health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with reasonable probability, to result from the proposed project. 4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in compliance with filing requirements of this chapter, and that required balloon tests, visual impact assessments and other required reports have been finalized, the administrator in coordination with the hearing examiner shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the provisions of YMC Title 16. 5. Hearing Examiner—Procedures—Factors. When considering an application for a conditional use permit, the hearing examiner shall consider the applicable standards, criteria and policies established by this title as they pertain to the proposed use and may impose specific conditions precedent to establishing this use. F. Wireless Height Variance Review. A wireless height variance shall be processed as follows: 1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval defined in this chapter. 2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for both a balloon test and visual impact assessment. The administrator may provide input on both the timing of the balloon test and the desired vantage points from which the visual impact assessment will be based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public hearing. 3. Third -Party Review. Applications for variance may also require third -party review as described in YMC 15.29.140. 4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal complies with the criteria for a variance and with all other development standards of this chapter, he shall approve the variance and the associated wireless facility. The examiner may impose any conditions necessary to ensure compliance with all standards. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.130 Balloon tests—Visual impact assessments. A. Balloon Test. Where a balloon test is required, the applicant shall, prior to the public hearing on the application, hold a balloon test. The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon that is representative in size of the initial antenna array including all standoffs, at the maximum height of the proposed tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the applicant seven and fourteen days in advance of the first test date in a newspaper with a general circulation in the city. The applicant shall inform the city, in writing, of the dates and times of the test, at least fourteen days in advance. The balloon shall be flown for at least seventy-two consecutive hours on the dates chosen. At least twenty-four hours of this time shall be on a weekend. No trees shall be removed to conduct the balloon test. A report with pictures from various locations of the balloon shall be provided with the application. Photos of the balloon test from three locations located approximately three hundred feet from the base of the proposed tower and spaced evenly in a circumference around the proposed tower and three locations located approximately one-quarter mile from the base of the proposed tower shall be submitted within two weeks after the commencement of the balloon test. B. Visual Impact Assessment. A visual impact assessment with photo simulation of the proposed facility is required for all applications that require a conditional use permit or variance, and may be required by the administrator for any other application deemed necessary by the administrator to assess visual impacts associated with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall include: 1. Zone of Visibility Map. If a new tower or substantial modification increasing the height of an existing structure is proposed, a computer generated "zone of visibility map" at a minimum of one -mile radius from the proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed installation may be seen. 2. Photo Simulations. Pictorial representations of "before and after" (photo simulations) views from key viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and distance from the proposed structure. 3. Description of Visual Impact. A written description of the visual impact of the proposed facility including, and as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of camouflaging. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.140 Third -party review. Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third-party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process for a variance or conditional use permit. The costs of the technical review shall be borne by the provider. The selection of the third-party expert may be by mutual agreement between the provider and the city, or, at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the providers' methodology and equipment used and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the city may require changes to the provider's application. The expert review shall address the following: 1. The accuracy and completeness of submissions; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; and 4. Any specific technical issues designated by the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.150 Nonuse/abandonment. A. Notice of Abandonment. No less than thirty days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional period of time determined in the reasonable discretion of the city within which to: 1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or 2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height. 3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the sixty-day time period or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider's expense. If there are two or more providers co-locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not become effective until all providers cease using the facility. B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.160 Transfer of ownership. A conditional use permit runs with the land; compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the applicant or a successor. No permit for which a financial security is required shall be considered valid during any time in which the required financial security is not posted. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.170 Vacation of permits. A. Any permit issued pursuant to this chapter may be vacated upon approval by the current landowner; provided, that: 1. The use authorized by the permit does not exist and is not actively being pursued; or 2. The use has been terminated and no violation of terms and conditions of the permit exists. B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the filing of a notice of land use permit vacation on a form provided by the community development department with the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.180 Violation—Penalty. Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies available under state law and city codes. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies available under state law and city codes. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.190 Relief, waiver, exemption. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such, pursuant to and in compliance with the applicable provision on general variances as contained in Chapter 15.21 YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.200 Severability. a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect. b. Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the city. (Ord. 2013-051 § 2 (Exh. A) (part), 2013). Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO) Sections: 15.30.010 Purpose. 15.30.020 Applicability. 15.30.030 Definitions. 15.30.040 Airport safety overlay zones. 15.30.050 Height limitation. 15.30.060 Land use overlays. 15.30.070 Application requirements. 15.30.080 Nonconforming uses. 15.30.010 Purpose. The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field and any other state and federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77. Property within the airport safety overlay may be exposed to aircraft noise, vibration, fumes, dust and fuel particulates, as may be inherent in the operation of aircraft, now known or hereafter used for aircraft navigation and flight while using said airspace for landing at, taking off from, or operating within the airport area. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.020 Applicability. The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the airport overlay district and designated on the Yakima Air Terminal at McAllister Field Part 77 Surfaces map which identifies areas of height limitations and the airport safety overlay zones map shown below as Figure 30-1. (This figure is for illustration purposes only. An accurate depiction of the airport safety overlay zones map can be found on the city's GIS website, which is maintained by the city's information systems department.) (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.030 Definitions. The following terms are established for the purpose of protecting the airspace of the Yakima Air Terminal at McAllister Field or any other state and federal system airport: Figure 30-1 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). "Airport" means the Yakima Air Terminal at McAllister Field operated by the city of Yakima including all property designated in the Yakima Air Terminal at McAllister Field Master Plan as part of the airport. "Airport elevation" means the highest point of an airport's useable landing area measured in feet from sea level. The Yakima Air Terminal at McAllister Field is one thousand forty-nine feet above mean sea level. "Airport influence area" includes airport property and all land within the airport safety overlay zones 1 through 6 as described in YMC 15.30.040 and depicted in the airport safety zones map adopted in the Yakima Air Terminal at McAllister Filed Master Plan. "Airport use" means any facility or activity directly associated with the air transportation of persons or cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifically include runways, taxiways, and their associated protected areas defined by the Federal Aviation Administration, together with aircraft aprons, hangars, fixed base operations, terminal buildings, etc. Other uses also include airport commercial, airport industrial, and airport operations, as defined in YMC 15.02.020. "Approach surface" means an imaginary surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in YMC 15.30.050. The perimeter of the approach surface coincides with the perimeter of the approach zone. "Conical surface" means an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet. "Deed notice" means a formal statement, provided in YMC 15.30.070(D), as a note on the face of a short plat, major subdivision or binding site plan or recorded against the property notifying potential property owners that the property is located adjacent to an active airport and said property may be impacted by aircraft noise, odors, vibration, and low flying aircraft. "FAA Form 7460-1, Notice of Proposed Construction or Alteration" means a form which the Federal Aviation Administration (FAA) requires to be completed by anyone who is proposing to construct or alter an object that could affect airspace within the airport influence area and allows the FAA to conduct an airspace analysis to determine whether the object will adversely affect airspace or navigational aids. "FAR Part 77 surfaces" means the part of 49 CFR of the Federal Aviation Regulations that deals with objects affecting navigable airspace. "FAR Part 77 zones" means imaginary airspace surfaces established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical. "Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height. For the purpose of determining the height limits in all zones and as shown on the Yakima Air Terminal at McAllister Field Future Part 77 Zones map, this datum shall be height above mean sea level elevation unless otherwise specified. "Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which plane coincides with the inner perimeter of the conical surface. This is one thousand one hundred ninety-nine feet above mean sea level for the Yakima Air Terminal at McAllister Field. "Infill" means the practice of developing or redeveloping vacant or underutilized land in the midst of a community, especially land that is surrounded by existing uses similar to the ones proposed. This may mean further subdivisions of existing parcels to accommodate additional growth, redevelopment of under-utilized property to increase its density or intensity, or simply creation of new development on vacant land. "Nonconforming use" means any use, situation, lot, building or structure that legally existed prior to the adoption of a development regulation that would otherwise prohibit its use. "Obstruction" means any object of natural growth, terrain, of permanent or temporary construction or alteration, including equipment or materials used therein which exceeds a limiting height set forth in YMC 15.30.050. "Object of natural growth" means a tree, shrub or similar organic or vegetative matter. "Precision approach" means a landing approach made without visual reference to the ground by the use of aircraft instruments and ground-based electronic or communications systems or devices. An aircraft making such an approach should be flying in accordance with an IFR (Instrument Flight Rules) flight plan. "Primary surface" means a surface longitudinally centered on a runway with a width of one thousand feet for instrument approaches and five hundred feet for visual approaches. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The elevation of the primary surface at the Yakima Air Terminal at McAllister Field is one thousand forty-nine feet above mean sea level. "Runway" means a defined area on an airport prepared for landing and take -off of aircraft along its length. Transitional Surfaces. These imaginary surfaces extend outward at ninety -degree angles to the runway centerline, and runway centerline extended, at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect with the horizontal and conical surfaces. "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight -in instrument approach procedure and no instrument designation indicated on an FAA -approved airport layout plan. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.040 Airport safety overlay zones. Zone 1—Runway Protection Zone. This zone encompasses the runway protection zone (RPZ) at each end of the runway and should use the RPZ dimensions established in accordance with FAA standards (RPZ dimensions depend mostly on the visibility minimums for the approach to that runway end). Also included in the zone are the strips of land immediately adjacent to the runway where FAA standards preclude structures. Zone 1 is where the greatest concentration of accidents take place. Zone 2—Inner Approach/Departure Zone. This zone wraps around and extends beyond zone 1 along the runway centerline. Next to the RPZ, it represents the area where the risk of aircraft accidents is the greatest. On departure, aircraft are typically at full power in the initial phase of climb. On approach, they are at low altitude as they prepare for landing. Zone 3—Inner Turning Zone. This zone is a wedge-shaped area lying along the sides of zone 2. It is primarily significant at general aviation airports where most of the flights are visual. At airports where most aircraft approach and depart on instrument flight plans, then the close -in turns which are the concern with zone 3 can be a narrow wedge. When operating visually, departing aircraft may begin turning over this area to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area as well, especially if they are flying a tight pattern. One type of accident known to occur in this area is a low -altitude stall -spin that can happen if a pilot attempts to make too tight of a turn. Zone 4—Outer Approach/Departure Zone. This area lies beyond zone 3 along the extended runway centerline. Aircraft flying straight out or in overfly this area at low altitude. The zone is particularly significant on runways where much of the operations are on instrument procedures and at busy airports where elongated traffic patterns are common. The risks in this area are moderate, but less than in zones 1 through 3. Zone 5—Sideline Zone. Lying in narrow bands along each side of the runway, aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose directional control while landing or just after takeoff. The risks are lower than in zones 1 through 3 and similar to those of zone 4. Zone 6—Traffic Pattern Zone. The final zone contains the remainder of the airport environment where aircraft fly as they approach and depart the airport or are engaged in flight training. In area, zone 6 is typically larger than the other zones combined. A substantial percentage of accidents take place here, but they are scattered over the large area. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.050 Height limitation. The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces— Objects Affecting Navigable Airspace, and are described below. All height limitations shall adhere to the FAA approved airport layout plan. Height Limitation 1 (Zone 1, 2, 3, 4, and 5). No building within this zone shall exceed thirty-five feet above the ground. Height Limitation 2 (Zone 6). No building within this zone shall exceed thirty-five feet above the ground. Any building proposed to exceed this height must undergo further review by the airport manager and the FAA. The administrative official may require lights or markers as a warning to aircraft on any building, structure, communication tower, use, or tree(s) or to top the tree to reduce its height when recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications. Whenever the height limitations of this section differ from those of any other section of this chapter, or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.060 Land use overlays. Zones described below are shown in the airport safety overlay zone (ASOZ) map with the types of land use review listed below in order to promote general safety and welfare of properties surrounding the airport and the continued viability of the airport. Land Use Overlay 1 (Zone 1—Runway Protection Zone (RPZ)): Only airport uses and activities are allowed within the Runway Protection Zone. Land Use Overlay 2 (Zones 2, 3, 4, and 4A—Inner Safety Zone, Inner Turning Zone, and Outer Safety Zone): Class (1) Uses. Any Class (1) use listed in YMC 15.04.030 Table 4-1—Permitted Land Uses, unless otherwise mentioned in this section. Class (2) Uses. Agricultural building; agricultural related business; animal husbandry; correction facilities; golf courses; campground; gymnasiums, exercise facilities; motels and hotels; canning, preserving, and packaging fruits, vegetables, and other foods; cement and concrete plants; concrete gypsum and plaster products; power generating facilities; utility services; residential infill (within 4A); mixed-use residential (within 4A); cluster development (within 4A). Class (3) Uses. Agricultural market; junior or community college; business school; vocational school; bed and breakfast inn; communication towers; residential infill; mixed-use residential; cluster development. Prohibited Uses. Schools (K-12), community centers, nursing home and group homes, day care facilities, hospital, new churches, shopping centers and other uses with similar concentrations of persons, rendering plants and slaughter houses. Other prohibited uses shall be: horse racing tracks, speedways; the production of asphalt paving and roofing materials; rock crushing; fuel storage facilities; storage or use of significant amounts of materials which are explosive, flammable, toxic, corrosive or otherwise exhibit hazardous characteristics; hazardous wildlife attractants including waste disposal operations, water management and storm water facilities with above -ground water storage, and manmade wetlands. Zone 4A shall exist as depicted on Figure 30-2 until such time that the airport's main runway (9/27) is extended as described in the Airport Master Plan. Any Class (2) development which occurs within zone 4A prior to the extension of the runway shall be required, as a precedent condition of approval, to record a deed declaration with the Yakima County auditor which specifically recognizes the preexistence of the airport and the right of aircraft over flight, as well as acknowledging and accepting all responsibility for exposure to noise, vibration, fumes, dust and fuel particulates, as may be inherent in the operation of aircraft. In addition to these conditions, all Class (2) development within zone 4A shall be subject to a recorded deed restriction providing the city with an absolute indemnification with regard to any adverse impacts resulting from or claimed to result from effects of aircraft over flight. Figure 30-2 is on file with the City of Yakima Planning Department and is referenced and located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-15). Land Use Overlay 3 (Zone 5—Sideline Safety Zone): Uses within the sideline safety zone (Zone 5) may be permitted by the administrative official if the use is determined to be compatible with the zoning district and Appendix F of the Airports and Compatible Land Use Guidebook of the Washington State Department of Transportation Aviation Division. Uses labeled as "Permitted" in Zone 5 within Appendix F of the Airports and Compatible Land Use Guidebook shall be considered a Class (1) use and undergo any Type (1) review unless a higher level of review is required per YMC 15.04.030, Table 4-1 Permitted Land Uses. Uses labeled as "Limited" or "Limited Special Conditions" in zone 5 within Appendix F of the Airports and Compatible Land Use Guidebook shall be considered a Class (2) use and undergo any Type (2) review unless a higher level of review is required per YMC 5.04.030, Table 4-1 Permitted Land Uses. All uses listed as "Prohibited" in zone 5 within Appendix F of the Airports and Compatible Land Use Guidebook shall not be allowed. Land Use Overlay 4 (Zone 6—Traffic Pattern Zone): Class (1) Uses. Any Class (1) use listed in YMC 15.04.030, Table 4-1 Permitted Land Uses, unless otherwise mentioned in this section. Class (2) Uses. Retirement home; churches, synagogues, temples; convalescent, nursing home and group homes; day care facilities and centers; correction facilities; communication towers; chemicals (industrial, agricultural, wood, etc.); rendering plants and slaughter houses; power generating facilities. Class (3) Uses. Amusement park. Prohibited Uses. Schools (K-12), hospitals and other uses with similar concentrations of persons. Replacement or expansion of existing schools shall be allowed. Any use not specified in the above paragraphs must undergo review and receive approval from the airport manager. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.070 Application requirements. A. Applications for uses within the airport safety overlay established by this chapter shall include the following information: 1. Property boundary lines as they relate to the boundaries of the land use overlay; 2. Location, elevation, and height of all existing and proposed buildings, structures, utility lines, and trees taller than thirty-five feet in height; 3. A description of the proposed use; and 4. A statement of compatibility from the airport manager when the use is to be located within the airport safety overlay relative to the impact of the use on airport operations and safety. B. In consideration of an application for a building, structure, or other use which will exceed thirty- five feet in height, the administrative official may require the applicant to submit either of the following: 1. A certificate from a registered professional engineer or a licensed land surveyor, which clearly states that no airspace obstruction will result from the proposed use; or 2. Either or both of the following: a. The maximum elevations of proposed structures based on the established airport elevation and USGS datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot, shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the engineer or surveyor. b. A map of topographic contours with not more than five-foot intervals, showing all land within one hundred feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer. C. Decisions by the administrative official may be appealed in accordance with YMC Chapter 15.16. D. An aviation easement and deed declaration, which recognizes the preexistence of the airport and the right of over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). 15.30.080 Nonconforming uses. Existing uses that do not meet these standards at the time of adoption of this overlay may remain and will be considered nonconforming uses. Expansion of these uses is permitted through Chapter 15.19 YMC. For a use that is nonconforming due to height, the height may not be increased unless approved by the airport manager. (Ord. 2015-028 § 2 (Exh. A) (part), 2015). Chapter 15.31 INSTITUTIONAL OVERLAY Sections: 15.31.010 Purpose. 15.31.015 Eligibility and applicability. 15.31.020 Permitted uses. 15.31.025 Supplemental application submittal requirements. 15.31.026 Public meeting required prior to application submittal. 15.31.030 Review process. 15.31.040 Development standards. 15.31.050 Effect of approval. 15.31.060 Subsequent actions and project applications under an approved master plan— Amendments to master plan. 15.31.010 Purpose. The purpose of the institutional overlay zone is to allow for large-scale institutional facilities with special locational needs and impacts which must be designed and perform in a manner that is compatible with surrounding land uses. Through a master plan review process (YMC 15.31.030) the public is involved in the development of performance standards. A development agreement and site master plan assure predictability for the owner, the appropriate jurisdiction and the citizen. The process balances the need for large-scale institutional facilities to grow while minimizing adverse environmental impacts associated with such development on the adjacent community. (Ord. 2008-46 § 1 (part), 2008). 15.31.015 Eligibility and applicability. A. Construction or expansion of hospital and community college institutional uses will be permitted only in institutional overlay zones designated on the official zoning map of the appropriate jurisdiction. B. The institutional overlay designation is not required as a precondition for interior improvements or external on-site improvements for facilities existing as of the date of adoption of this chapter where said improvements do not expand the existing building or land area. C. The institutional overlay designation is not required for institutions located in commercial, industrial or other nonresidential zones, except when located adjacent to a residential district. D. Either the sponsoring institution or the city/county may initiate the establishment of an institutional overlay zone. E. The minimum area which may be included within an institutional overlay zone shall be five acres, measured to the center of abutting street rights-of-way. The addition of contiguous property to an existing institutional overlay zone shall have no minimum required area but shall require an amendment to the official zoning map. (Ord. 2008-46 § 1 (part), 2008). 15.31.020 Permitted uses. The institutional overlay zone is intended to allow for the establishment, expansion, and revision of institutional uses including hospitals and higher educational facilities. Uses that are functionally integrated with, ancillary to, and/or substantively related to the primary institutional use or that primarily and directly serve the users of an institution may be defined as permissible institutional uses through the master development plan review process and development agreement. (Ord. 2008- 46 § 1 (part), 2008). 15.31.025 Supplemental application submittal requirements. The institutional overlay zone shall be established only in conjunction with a master development plan, which sets forth the parameters for development of the property including a site plan and development agreement. Applicants for an institutional overlay shall, in addition to the requirements of YMC Chapter 15.23, submit a master development plan to include the following: A. Technical studies, including: 1. A traffic impact analysis sufficient to assess access to the site and within the site, on -street parking impacts and limitations and necessary traffic -related improvements; 2. Drainage study; 3. Geotechnical analysis; 4. Noise analysis; and 5. Other analysis of potentially significant issues as identified by the SEPA environmental checklist. B. Master site plan which includes the following elements: 1. Boundaries of the institution; 2. Primary uses and ancillary uses; 3. Gross floor area of development; 4. Maximum building heights; 5. Minimum building setbacks; 6. Maximum lot coverage; 7. Minimum and maximum number of off-street parking spaces; 8. Sitescreening; 9. Aesthetic considerations related to building bulk, architectural compatibility, Tight and glare, urban design, landscaping, street trees, solar access, and shadow impacts; and 10. Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as identified in technical studies required by this chapter. C. Draft master development agreement including the following elements: 1. Narrative description of project and objectives; 2. Restatement of the development standards of YMC 15.31.040(B); 3. Site plan elements; 4. Development phasing; 5. Public meeting summary (YMC 15.31.026); 6. Performance standards and conditions addressing subsections (C)(1) through (5) of this section; and 7. Criteria for determining major versus minor modifications. (Ord. 2008-46 § 1 (part), 2008). 15.31.026 Public meeting required prior to application submittal. Prior to the formal filing of an application for an institutional overlay zone, the sponsoring institution or the city/county, whichever initiated the establishment of the institutional overlay zone, shall hold at least two public meetings to discuss the proposal and identify concerns of the affected area residents and property owners. The applicant shall provide written notification to property owners of record within five hundred feet of the subject property at least fourteen days prior to the holding of the public meetings. The master development plan proposal shall document and reflect the various concerns raised through this preapplication, public input process. (Ord. 2008-46 § 1 (part), 2008). 15.31.030 Review process. The institutional overlay zone and master development plan shall be reviewed using the review process described in YMC 15.23.030, and as further specified herein. Upon filing of a valid rezone application and completion of the required environmental review process, the planning department shall forward the rezone application, together with its recommendation, to the hearing examiner to conduct a public hearing and review in conformity with YMC 15.23.030. Prior to said hearing, a recommendation will be obtained from the city planning commission. The decision of the hearing examiner shall be in the form of a written recommendation to the legislative body pursuant to YMC 15.23.030(E). (Ord. 2010-22 § 9, 2010: Ord. 2008-46 § 1 (part), 2008). 15.31.040 Development standards. A. Development standards for uses within an institutional overlay zone may differ from those of the underlying zone when approved as part of the master development plan. Standards which may supersede those of the underlying zone include the following: 1. Maximum gross floor area of development; 2. Maximum building height; 3. Minimum building setbacks; 4. Maximum lot coverage; 5. Minimum and maximum off-street parking; 6. Landscaping; 7. Signage; 8. Exterior lighting, shadows, and glare reduction; and 9. Other standards determined by the city/county to be necessary to ensure land use compatibility with other uses in the surrounding area. B. The legislative body shall consider the following in determining the standards for a particular institutional overlay zone in a specific location: 1. The institution's compatibility with surrounding uses, especially related to: a. Public safety; b. Site access, on-site vehicular and pedestrian circulation, and on- and off-street parking; c. Landscaping and buffering of buildings, parking, loading and storage areas; d. Light and shadow impacts; e. Potential environmental impacts, such as noise, vibration, smoke, dust, odors, Tight/glare, or other undesirable impacts; f. Number, size, and location of signage; and g. The character of the neighboring properties compared to the adjacent institutional uses and activities; 2. The unique characteristics of the proposed use(s); 3. The unique characteristics of the subject property; 4. The arrangement of buildings and open spaces as they relate to each other within the institutional campus; 5. Visual impacts of the institution on the surrounding area; 6. Public improvements proposed in connection with the institution's master plan; and 7. The public benefit provided by the institution. (Ord. 2008-46 § 1 (part), 2008). 15.31.050 Effect of approval. A. The approval by the legislative body of a master development plan for an institutional overlay shall guide future development within the institutional overlay. The approved master development plan and development agreement shall remain binding upon the sponsoring institution and the appropriate jurisdiction. Approvals of building permits and zoning certificates shall be as required for Type (1) permits provided the proposed improvement conforms to the master development plan as approved. B. Any city, county, state, federal, or other regulation or standard not specifically superseded by the adopted master plan and development agreement remains in full force and effect. Any use of land for purposes other than are specifically approved as part of the adopted master plan and development agreement shall be subject to all requirements of the underlying land use zone as designated on the official zoning map. (Ord. 2008-46 § 1 (part), 2008). 15.31.060 Subsequent actions and project applications under an approved master plan— Amendments to master plan. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor revisions will undergo Type (2) review. Major modifications will undergo Type (3) review. Specific criteria for determining major versus minor modifications shall be incorporated into the final zoning regulation and development agreement governing the institution's master plan. The following criteria are established to assist this determination: A. Type (1) Review Projects or Actions. For future projects or actions in compliance with an approved master development plan and development agreement, the Type (1) review process shall be applied. B. Type (2) Review Projects or Actions. The following projects or actions, representing projects or actions which do not substantially differ from projects contemplated by an approved master development plan, shall be subject to Type (2) review: an amendment to the master development plan defined in the development agreement as a minor modification (YMC 15.31.025(C)(7)). C. Type (3) Review Projects or Actions. The following actions, not contemplated by an approved master development plan, shall be subject to Type (3) review: an amendment to the master development plan is defined in the development agreement as a major modification (YMC 15.31.025(C)(7)). D. Type (1), (2), and (3) reviews shall be conducted consistent with the provisions of YMC Chapters 15.13, 15.14, and 15.15 respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). Title 15 - YAKIMA URBAN AREA ZONING ORDINANCE - APPENDIX A Yakima Urban Growth Area Legal Description Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, Range 19 East W.M.; thence north along the west line of said Section 17 to the southeast corner of Section 7, Township 12 North, Range 19 East W.M., thence west along the south line of said Section 7 to the southwest corner of the southeast quarter of said Section 7; thence north along the west line of the east half of said Section 7 to Ahtanum Creek, thence following Ahtanum Creek in a generally westerly direction to the west line of the southwest quarter of the southeast quarter of Section 2, Township 12 North, Range 18 E.M.W.; thence north along said west line to the northwest corner of the southwest quarter of the southeast quarter of said Section 2; thence west along the east -west centerline of the south half of said Section 2 to the west line of said Section 2; thence continuing west along the east -west centerline of the south half of Section 3, Township 12 North, Range 18 East W.M. to South 34th Avenue; thence north along South 34th Avenue to Ahtanum Road—thence west along Ahtanum Road to 38th Avenue; thence north along 38th Avenue to the north line of Section 3, Township 12 North, Range East W.M.; thence west along said north line to the northeast corner of Section 4, Township 12 North, Range 18 East W.M.; thence continuing west along the north line of said Section 4 to the southeast corner of Section 33, Township 13 North, Range 18 East W.M.; thence continuing west along the south line of said Section 33 to 64th Avenue; thence north along 64th Avenue to the east -west centerline of Sections 32 and 33, Township 13 North, Range 18 East W.M.; thence west along said east -west centerline to the north -south centerline of the west half of said Section 32; thence north along said north -south centerline to Zier Road; thence west along Zier Road to South 80th Avenue; thence north along South 80th Avenue to Wide Hollow Road; thence west along Wide Hollow Road to the north -south centerline of the east half of Section 30, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to the east -west centerline of said Section 30; thence west along said east -west centerline to the north -south centerline of the west half of said Section 30; thence north along said north -south centerline to the Yakima Valley Canal; thence following the Yakima Canal in a generally westerly direction to its intersection with Tieton Drive; thence west on Tieton Drive to 96th Avenue; thence north on 96th Avenue to the northwest corner of the southwest quarter of Section 19, Township 13 North, Range 18 East W.M.; thence north along the west section line of said Section 19 to a point 250 feet south of the northwest corner of the southwest quarter of the northwest quarter of said Section 19; thence north 89°33' East to the Tieton Canal; thence following the Tieton Canal in a generally northeasterly direction to the north -south centerline of the east half of said Section 19; thence north along said north -south centerline to the north -south centerline of the east half of Section 18, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline of said Section 18 to the east -west centerline of the south half of said Section 18; thence east along said east -west centerline to the west line of Section 17, Township 13 North, Range 18 East W.M.; thence north along said west line of the east -west centerline of said Section 17; thence east along said east -west centerline to the east line of said Section 17; thence north along said east line to the south right-of-way line of the Burlington Northern Railroad, Cowiche Branch; thence following said south right-of-way line in a generally northeasterly direction to the north right-of-way line of State Route 12; thence following said north right-of-way line in a generally southeasterly direction to Cowiche Creek; thence following Cowiche Creek in a generally northeasterly direction to its confluence with the Naches River; thence following the south bank of the Naches River and the south bank of the Yakima River in a generally easterly direction to the north -south centerline of the east half of Section 12, Township 13 North, Range 18 East W.M.; thence north along said north -south centerline to RestHaven Road; thence following RestHaven Road in a generally south-easterly direction to the south line of Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line of Sections 8 and 9 to the southwest corner of Lot 3 of that certain short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima County; thence continuing east 260 feet along said south section line; thence north 0°22'34" east 270.51 feet; thence north 38°30'50" east 146.66 feet; thence north 47°30'24" east 63.80 feet; thence north 77°58'20" east 1,026.46 feet; thence north 71°00' east 255.38 feet; thence north 59°00' east to the north line of the southwest quarter of the southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along said north line to the Northeast corner of said subdivision; thence southerly along the east line of the southwest quarter of the southwest quarter of said Section 10 to the southeast corner of said subdivision; thence westerly along the south line of the said Section 10 to the northwest corner of Section 15, Township 13 North, Range 19 E.W.M., thence southerly along the west line of said Section 15 to the southwest corner of the northwest quarter of said Section 15; thence easterly along said east -west centerline to the southeast corner of the northeast quarter of said Section 15; thence easterly along the east -west centerline of Section 14, Township 13 North, Range 19 E.W.M. to the northeast corner of the northwest quarter of the southwest quarter of said Section 14; thence southerly along the north - south centerline of the west half of said Section 14 to the southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence easterly along the south line of said Section 14 to the northeast corner of Section 23, Township 13 North, Range 19 E.W.M.; thence southerly along the east line of said Section 23 to the southeast corner of said Section 23; thence westerly along the south lines of Sections 23, 22, 21 and 20, Township 13 North, Range 19 E.W.M. to the west bank of the Yakima River; thence following said west bank in a generally southerly direction to a point where it intersects the east right-of-way line of Interstate Highway 82; thence westerly to the point where the west right-of-way line of said interstate highway intersects the south line of Government Lot 2 of Section 17, Township 12 North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of Government Lot 5 of said Section 17 to the southwest corner of said Government Lot 5 and the point of beginning. (Ord. 2947 Appendix A, 1986). Title 15 - YAKIMA URBAN AREA ZONING ORDINANCE - APPENDIX B Designated Type 2 Stream Corridors The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas Ordinance: 1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E). 2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide Hollow Creek (SEC36-TWP13N-RGE17E). 3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28-TWP13N-RGE17E) downstream to the mouth at the Yakima River. (Ord. 2008-46 § 1 (part), 2008). [end of Exhibit E] Exhibit F Title 14 SUBDIVISIONS Chapters: 14.05 General Provisions 14.10 Definitions 14.15 Short Subdivision—Procedure 14.20 Subdivision—Procedure 14.25 Subdivision—Design Requirements 14.30 Subdivision—Improvement Requirements 14.35 Binding Site Plans 14.40 Subdivision and Short Subdivision Enforcement Provisions 14.50 Appeals Chapter 14.05 GENERAL PROVISIONS Sections: 14.05.010 Shorttitle. 14.05.020 Purpose and interpretation. 14.05.030 Approval required. 14.05.040 Administration. 14.05.050 Authority. 14.05.060 Scope. 14.05.070 Amendments. 14.05.080 Effect of partial invalidity. 14.05.090 Effect on existing rights. 14.05.100 Savings. 14.05.110 Effect of heading and references. 14.05.120 Existing permits to remain in force. 14.05.130 False representation prohibited. 14.05.140 Uniformity of application. 14.05.150 Preliminary plats—Offers and agreements to sell lots. 14.05.160 Exemptions. 14.05.170 Qualified exemptions. 14.05.180 Effect of filing completed application. 14.05.190 Time periods—Computation. 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat. 14.05.010 Short title. Title 14, "Subdivisions," of the city of Yakima Municipal Code shall constitute the "subdivision code" of the city of Yakima and may be cited as such. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.020 Purpose and interpretation. This subdivision code is enacted pursuant to the laws of the state of Washington, particularly RCW Chapter 58.17, and also in exercise of the police powers of the city of Yakima. The purposes of this subdivision code include protection and preservation of the public health, safety and general welfare in accordance with standards established by RCW Chapter 58.17; to prevent overcrowding land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and other public requirements; and to provide for proper ingress and egress. This subdivision code is also intended to provide for expeditious review and approval of proposed subdivisions which conform to city zoning standards, plans, development standards, and policies; to adequately provide for the housing and commercial needs of the citizens of the city; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. All provisions of this subdivision code shall be liberally construed for the accomplishment of that purpose. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.030 Approval required. It is unlawful for any person to divide land so as to constitute a subdivision or short subdivision, or to enter into any contract for the sale or lease of any lot in a preliminary subdivision within the city of Yakima, except as provided by RCW Chapter 58.17, and without first complying with the applicable provisions of this title. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.040 Administration. A. The city of Yakima director of community and economic development, referred to in this title as the administrator, shall be responsible for administering and interpreting the provisions of YMC Title 14. B. The administrator may prepare and require the use of such forms as are deemed necessary to administer YMC Title 14. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.050 Authority. Pursuant to RCW Chapter 58.17, primary authority for subdivision and short subdivision of land in the city of Yakima is vested in the city council as the legislative body. Pursuant to RCW 58.17.060, the Yakima city council delegates responsibility for final determination of proposed short plats and boundary line adjustments to the planning manager, or designee. Pursuant to RCW Chapter 58.17 and YMC 1.43.080, the hearing examiner is authorized to make a recommendation to the city council on preliminary plats and modifications to preliminary plats, and to make final decisions on requests for preliminary plat extension under RCW 58.17.140, plat amendment and plat vacation. The city council shall make final decisions on all preliminary plats, modifications to approved preliminary plats, and final plats. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.060 Scope. Any division, redivision, platting or subdivision of land into Tots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership shall comply with the provisions of YMC Title 14. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.070 Amendments. A. The city of Yakima planning commission shall consider in public hearing any proposed amendments to, or the repeal of, any portion of this title and submit a recommendation thereon to the Yakima city council. Public notice of the city of Yakima planning commission hearing shall be provided in the following manner: 1. By publication of at least one notice not less than ten calendar days prior to the public hearing in the official city newspaper. 2. Additional notice shall be given to individuals and organizations which have submitted written requests for notice by mailing of a notice not Tess than ten calendar days prior to the public hearing. B. The Yakima city council shall consider in public hearing any proposed amendments to, or repeal of, any portion of this title along with the recommendation of the city of Yakima planning commission thereon. Public notice of the hearing before the city council shall be given in the same manner as for the city of Yakima planning commission hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-22 § 3, 2010: Ord. 98-65 § 2 (part), 1998). 14.05.080 Effect of partial invalidity. If any provision of this title or its application to any person or circumstance is for any reason held to be invalid, the remainder of this title, or the application of the provisions to other persons or circumstances, is not affected. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.090 Effect on existing rights. The ordinance enacting this title shall neither revive any former ordinances heretofore repealed, nor affect any right existing or accrued, nor any action or proceeding already taken. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.100 Savings. The enactment of this title shall not terminate, or in any way modify, any liability, civil or criminal, which exists at the date this title becomes effective. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.110 Effect of heading and references. Chapter headings, tables of contents, and section titles used in this title do not constitute any part of the law. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.120 Existing permits to remain in force. Except as otherwise provided herein, all permits lawfully issued under the provisions of any ordinance repealed by the ordinance codified in this title shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions of this title. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.130 False representation prohibited. No person shall make a false statement or representation in any application, statement or report required herein. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.140 Uniformity of application. The provisions of this title shall be applicable and uniform with regard to all divisions, subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature for the purpose of sale or lease in the present or future within the corporate limits of the city of Yakima. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.150 Preliminary plats—Offers and agreements to sell lots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval which is not expressly conditioned on the recording of plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.160 Exemptions. The provisions of this title shall not apply to divisions and activities described in RCW 58.17.040; provided, that in order to determine whether a proposed boundary line adjustment meets the requirements for an exempt action, approval must be received from the administrator: A. Cemeteries and other burial plots while used for that purpose. B. Division of land into parcels in which the smallest parcel created by the division is forty acres in area or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided, that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline. C. Division made by testamentary provisions, or the laws of descent. D. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the property in accordance with the provisions of Title 15 of the Yakima Municipal Code and a binding site plan for the use of the property has been filed for record with the Yakima County auditor. E. A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose: 1. Administrative segregations in the Yakima County assessor's office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes. 2. Annexations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing them. 3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area, by public bodies for the purpose of future use as public highways or public utility ways. 4. The sale or lease of a condominium unit subject to the provisions of Washington State Horizontal Property Regimes Act (RCW Chapter 64.32). F. Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted to the planning division on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. 1. Requirements for a Complete Application. An applicant for a boundary line adjustment shall submit the following: a. A scale drawing depicting the existing property configuration, including all lot line dimensions. b. A scale drawing depicting the proposed property configuration, including all lot line dimensions, and any existing structures or on-site improvements. c. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional engineer or professional land surveyor. 2. Criteria for Approval. The administrator shall approve an application for a boundary line adjustment if: a. No additional lot, tract, parcel, site or division will be created by the proposed adjustment; b. No lot is created or modified which contains insufficient area or dimensions to meet the minimum requirements of the zone in which the affected lots are situated; c. No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose; d. The boundary line adjustment is consistent with the applicable provisions of YMC Title 15; and e. The boundary line adjustment does not create a lot or lots of split zoning unless: i. The underlying future land use designation of the subject parcels is the same; or ii. The area is proposed to be legislatively rezoned in the future to the same zoning district. G. Division of land into Tots or tracts classified for industrial or commercial use, or for placement of a mobile home or division for condominiums pursuant to YMC Chapter 14.35 when the city has approved a binding site plan. When the binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the Yakima County auditor's office. H. A division for the purpose of leasing land for facilities providing personal wireless services. "Personal wireless services" means any federally licensed personal wireless service. Applicable facilities include those which are unstaffed and used for the transmission, reception, or both of wireless communication services including, but not limited to: antenna arrays, transmission cables, equipment shelters, and support structures providing personal wireless services while used for that purpose. I. A division of land into Tots of three acres or Tess that is recorded in accordance with RCW Chapter 58.09 and is used or to be used for the purpose of establishing a site for construction or operation of consumer -owned or investor-owned unstaffed electric utility facilities. Such facilities include those that will be used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity, including, but not limited to, electric power substations. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.170 Qualified exemptions. A. The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease: 1. A division provided by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following: a. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are executed and maintained in all respects in compliance with the governing laws. b. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings. 2. A prior division of land as defined in YMC 14.10.020. B. Applications for qualified exemptions shall be submitted to the planning division on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether any specific action may be exempt. C. Exemption may be allowed by the administrator for only those actions which do not contravene the spirit and intent of this title and applicable state statutes. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998). 14.05.180 Effect of filing completed application. A. A proposed division or subdivision of land shall be considered under the subdivision code and zoning or other land use control ordinances in effect at the time a fully completed application for preliminary plat approval or short plat approval of the subdivision has been submitted to the administrator. B. Limitations, requirements, or other conditions of approval imposed under this title shall not preclude imposition of other conditions under the State Environmental Policy Act ("SEPA"), RCW Chapter 43.21C, and the city's SEPA regulations under YMC Chapter 6.88. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.190 Time periods—Computation. Any period of time prescribed or allowed by this title shall not include the day of the act, event, or default that begins the period. The last day of the period shall be included, but if the last day is a Saturday, Sunday or legal holiday, the period shall run through the close of business on the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, the computation shall not include Saturday, Sunday, or legal holidays. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat. A. The subdivision or short subdivision applicant may, as an alternative to actual construction of any required improvements, provide a surety bond or other secure method providing for and securing to the city the actual construction of required improvements within a specified period of time and expressed in a bond or other appropriate instrument establishing such security. Any bond or other method of securing actual construction of required improvements shall specify the improvements covered and the schedule for completion. B. In cases of subdivision, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final plat by the city council. In cases of short subdivisions, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final short plat by the administrator. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improvements. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). Chapter 14.10 DEFINITIONS Sections: 14.10.010 Scope and construction of terms. 14.10.020 Definitions. 14.10.010 Scope and construction of terms. A. Words, phrases and terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless a different meaning clearly appears from the context. B. Reference in this title to any council, commission, committee, body, group, agency, department, office, official or municipal employee shall mean such entity of the city of Yakima except where otherwise stated or required by context. C. When consistent with the context, words and phrases used herein shall include the past, present and future tenses; the masculine, feminine and neuter genders; and the singular and plural. D. The word "may" as used herein is permissive and authorizes use of discretion in making a decision; the word "shall" as used herein is mandatory, allowing no discretion, and requires the specified action or result. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.10.020 Definitions. "Administrator" means the director of community and economic development or his/her designee. "Alley" means a public right-of-way used primarily as a secondary means of access to residences and business establishments. "Binding site plan" means a drawing at a scale of one inch equals one hundred feet which: A. Identifies and shows the areas and locations of all streets, utilities, open spaces, and improvements required by law or as conditions of approval. B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city of Yakima. C. Contains provisions acceptable to the city of Yakima that will ensure that development and land use of the site will conform to the approved site plan. D. Meets the requirements of YMC Chapter 14.35. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. "City" means the city of Yakima, Yakima County, Washington. "Comprehensive plan" means the general plan of the city of Yakima codified at YMC 1.42.070, together with amendments and supplements thereto which have been or may hereafter be adopted by the Yakima city council. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of a short plat by the administrator or by approval of a final plat by the Yakima city council. "Development agreement" means an agreement between the owner(s) of property and the city of Yakima pursuant to RCW 36.706.170 to 36.706.210, or as such statutes may be supplemented or amended. "Divide" means any action or transaction, 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 by this chapter. The sale of a condominium unit or rental or lease of a building, facility or structure that does not alter or affect the legal description of an owner's "land" shall not constitute a division. "Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets other than alleys. "Easement" is a dedication by a property owner to specific persons or to the public to enter onto, cross, or otherwise to use land for a specific purpose or purposes. "Final plat" means the final drawing of an approved subdivision and any associated dedication prepared for filing for record with the Yakima County auditor which conforms to the requirements of this title. "Land" means a lot or parcel of real property. "Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. "Parcel" means a unit of land having defined boundaries and not shown on an officially recorded final plat or short plat. "Person" means an individual, firm, partnership, corporation, company, association, syndicate or any other legal entity, including a trustee, receiver, assignee, or representative thereof. "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, Tots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. See Chapter 14.20 for additional requirements of preliminary plats. "Prior division" means any of the following: A. A division initiated by sale, lease, transfer or option contract executed prior to December 9, 1978, which presently remains a binding and enforceable commitment as between the parties thereto, their successors or assigns. If the applicable instrument does not specifically designate separate units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior divisions of land only if each conforms with city of Yakima urban area zoning ordinance (YMC Title 15) lot size and width requirements in effect at the time of application. B. A taxation parcel of any size which is surrounded by divisions of land as defined by subsection A of this section. C. A taxation parcel of any size which was created prior to November 9, 1978, for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor's office solely for tax purposes shall not be afforded the status of prior divisions for subdivision purposes. Examples of taxation parcels created solely for tax purposes include senior citizen segregations; special district segregations; deed of trust or mortgage segregations administratively affected by one other than the landowner or agent; and segregations for tax exemption purposes. D. A taxation parcel created in the assessor's office for description purposes because of section lines if it conforms with the city of Yakima urban area zoning ordinance (YMC Title 15) lot size and width requirements in effect at the time of application for exemption. E. A parcel of land that is physically separated by a road, canal or the like when the road, canal, etc., is owned by other than the landowner. "Right-of-way" means land dedicated to public use and maintained for existing or future public access. "Short plat" means the map or representation of a short subdivision that conforms to the requirements of this title. "Short subdivision" means the division or redivision of land into nine or fewer Tots for the purpose of sale, lease, or transfer of ownership in the present or future except as provided in YMC 14.05.160 and 14.05.170. "Subdivision" means the division or redivision of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the present or future except as expressly exempted by this title. "Subdivision applicant" means any person, as defined in this chapter, who undertakes to create a subdivision or short subdivision pursuant to the requirements of this title. "Survey monument" means a physical object marking a survey corner installed by a registered land surveyor of the state of Washington as a result of a land survey and in accordance with the standards established by RCW 58.17.240. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.10.020-14.10.240). 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 Tots 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: 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, 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. 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 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). 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 building permits. (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 Tots 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). Chapter 14.20 SUBDIVISION—PROCEDURE Sections: 14.20.010 Simultaneous review. 14.20.020 Preapplication procedure. 14.20.030 Subdivision application—Requirements. 14.20.040 Preliminary plat preparation. 14.20.050 Preliminary plat contents. 14.20.060 Determination of complete application. 14.20.070 Open record public hearing date established. 14.20.080 Notice of open record public hearing. 14.20.090 Notice to affected agencies and departments. 14.20.100 Review by city of Yakima planning commission or hearing examiner—Recommendation required. 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. 14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval. 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. 14.20.150 Maintenance bond. 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. 14.20.170 Preliminary plats—Offers and agreement to sell lots. 14.20.180 Final plat—Submission for approval required—Copies—Fees. 14.20.190 Final plat—Preparation. 14.20.200 Final plat—Conformance with preliminary plat approval. 14.20.210 Final plat—Requirements. 14.20.220 Final plat approval. 14.20.230 Final plat—Recording. 14.20.240 Final plat—Alterations, vacations. 14.20.250 Final plat—Street vacations. 14.20.260 Plat vacation—Requirements for complete application. 14.20.270 Plat vacation—Criteria for approval. 14.20.280 Plat alteration—Requirements for complete application. 14.20.290 Plat alteration—Criteria for approval. 14.20.010 Simultaneous review. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.020 Preapplication procedure. A subdivision applicant may first prepare and submit a preapplication drawing of the proposed subdivision showing the proposed layout of the lots, streets, and utilities. The administrator shall then schedule an informal meeting with the subdivision applicant and the design services team (DST) to review the proposal. Based upon information acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.030 Subdivision application—Requirements. A. A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning. B. Each subdivision application shall include the following: 1. A written application on a form provided by the planning division and signed by the land owner, owners, or authorized agent. 2. A current preliminary land title commitment. 3. Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of YMC 14.20.050. 4. A nonrefundable application fee according to the current fee schedule adopted by city council. 5. A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and YMC Chapter 6.88 together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.040 Preliminary plat preparation. The proposed preliminary plat shall be prepared by a land surveyor registered in the state of Washington. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.050 Preliminary plat contents. The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred feet or larger and shall be at least eighteen inches by twenty-four inches in size. It shall show: A. All existing lots or parcels included in the proposed subdivision. B. The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County. C. An accurate and complete legal description of the proposed subdivision. D. Scale, north arrow, and date. E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed Tots and streets. F. Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the lots within the proposed subdivision and their point(s) of connection with existing services. G. Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land. H. Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature. I. Parcels of land intended or required to be dedicated for streets or other public purposes. J. Contour lines at two -foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Yakima datum if available. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.060 Determination of complete application. Upon receiving a subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. If the application is not complete, the administrator will notify the applicant of such determination and what is necessary to make the application complete. Within fourteen days after an applicant has submitted additional necessary information, the administrator shall determine whether or not the application is complete and notify the applicant accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.070 Open record public hearing date established. When the administrator determines that a complete subdivision application has been submitted, the administrator shall set a date for an open record public hearing on the application before the city of Yakima planning commission, or the hearing examiner. The administrator may establish deadlines for submittal of applications prior to regular monthly planning commission or hearing examiner hearing dates; however, the hearing date shall not be set more than sixty days, nor less than twenty days, from the date that an application is determined to be complete. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.080 Notice of open record public hearing. A. The city shall give notice of the open record public hearing before the city of Yakima planning commission or the hearing examiner as follows: 1. By publication of notice at least once, not less than ten calendar days prior to the hearing, in a newspaper of general circulation within Yakima County and a newspaper of general circulation in the area where the real property to be subdivided is located. 2. At least ten calendar days before the date of the open record public hearing, notice of the hearing 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: (1) the land proposed to be subdivided, and (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. 3. Additional notice of such hearing shall be given to the board of Yakima County commissioners and the Yakima County planning department upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city of Yakima. 4. Additional notice of such hearing shall be given to the Washington State Department of Transportation upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway. B. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may either be a postcard format or letter size paper. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 2, 2010: Ord. 98-65 § 2 (part), 1998). 14.20.090 Notice to affected agencies and departments. Upon determining that a subdivision application is complete, the administrator shall, when determined appropriate to do so, notify the following agencies and departments of the date, hour, and location of the public hearing, together with a copy of the preliminary plat: A. City director of public works; B. City office of code enforcement; C. City office of engineering; D. Yakima County clean air authority; E. Appropriate irrigation district or company; F. Private water company; G. City fire department; H. City police department; I. Yakima health district; J. Yakima County department of public works; K. Affected school district; L. Local office of the Washington State Department of Ecology; M. Local office of the United States Soil Conservation Service; N. The office of any electrical distribution company servicing the area; O. The office of any telephone company servicing the area; P. The office of any natural gas company servicing the area; Q. Any other affected utility company or special district. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.100 Review by city of Yakima planning commission or hearing examiner—Recommendation required. A. The city of Yakima planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; 4. As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for: a. Public health, safety, and general welfare; b. Open spaces; c. Drainage ways; d. Streets or roads, alleys, and other public ways; e. Transit stops; f. Potable water supplies, irrigation and other water suppliers; g. Sanitary waste disposal; h. Parks and recreation; i. Playgrounds; j. Schools and school grounds; k. Sidewalks; I. Other planning features that assure safe walking conditions for students who walk to and from school; 5. Based upon standards in subsections (A)(1) through (A)(4) of this section, a finding that the public use and interest will be served by the approval of this subdivision. B. The city of Yakima planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. A. Upon receipt of the recommendation of the city of Yakima planning commission or the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and recommendation. B. The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral comments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing and the recommendation. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Only for good cause shown, as determined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the city of Yakima planning commission or the hearing examiner, (2) remand the matter back to the city of Yakima planning commission or the hearing examiner with appropriate directions, or (3) reverse or modify the city of Yakima planning commission's or the hearing examiner's recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the recommendation to approve or disapprove the preliminary plat, it may adopt the findings, conclusions, and recommendation. If the city council rejects the recommendation, it shall adopt appropriate findings and conclusions. C. A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection. D. Each preliminary plat of a proposed subdivision and any associated dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety -day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval. A. The city council shall review the proposed subdivision and the recommendations and findings of the city of Yakima planning commission or the hearing examiner. If city council determines the standards of this section are satisfied, then it shall approve the preliminary plat. If city council determines that the standards of this section have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat. B. The city council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The city council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the city council covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the Washington State Department of Ecology. C. The city council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, city council may require a waiver of the right of direct access to any street from any property. D. The city council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998). 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. A. As an alternative to construction of required improvements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements. B. The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements. C. An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city engineer and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing. D. After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivision applicant shall submit the bond or other method of security to the city engineer for final review and approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.121). 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefor made by the owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.130). 14.20.150 Maintenance bond. A. The subdivision applicant shall file with the city engineer a maintenance bond or propose some other method of security providing for and securing to the city of Yakima the successful operation of required improvements for one year and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period. B. The amount and conditions of the maintenance bond or other method of security shall be subject to approval by the city engineer and city attorney. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.140). 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. A. Approval of preliminary plats of proposed subdivisions shall expire five years from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period. B. The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the original recommendation. C. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.150). 14.20.170 Preliminary plats—Offers and agreement to sell Tots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval that is not expressly conditioned on the recording of the final plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.155). 14.20.180 Final plat—Submission for approval required—Copies—Fees. A. A final plat of a proposed subdivision may be submitted for approval by the city council by filing the proposed final plat with the planning division within five years from the date of approval of the preliminary plat or within the time provided as an extension granted by the city council. B. Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.160). 14.20.190 Final plat—Preparation. A. Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him. B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW Chapter 58.09) as it now exists or is hereafter amended. C. The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision. D. Permanent survey monuments, as defined in YMC Chapter 14.10, shall be placed at all lot corners and street intersections. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.170). 14.20.200 Final plat—Conformance with preliminary plat approval. A proposed final plat must conform to the conditions of preliminary plat approval. The city council may approve a proposed final plat which, because of unforeseen technical or engineering problems, involves minor deviations from the preliminary plat. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.180). 14.20.210 Final plat—Requirements. Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator: A. Date, north arrow and scale. B. Name of the subdivision. C. Accurate and complete legal description of the subdivision on the face of the final plat. D. A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. E. Boundary lines of the subdivision; of the proposed Tots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves. F. Notation and description of any protective improvements or dedications required by the city council or otherwise provided. G. Reference to any recorded subdivision or short subdivision adjoining the subdivision. H. Name and right-of-way width of each street or other right-of-way. 1. Location, dimensions, and purpose of any easements. J. Number to identify each lot and block. K. Addresses for each lot within the plat. L. Purpose for which sites, other than residential Tots, are dedicated or reserved. M. Certificate by the professional surveyor certifying to the accuracy of the survey and plat in substantially the following form: I, , a Professional Land Surveyor, do hereby certify that the plat of is based upon an actual survey and subdivision of Section Township , Range , that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat. (Surveyor's signature and seal) N. Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by YMC 14.15.090(1). O. If the subdivision 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. P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi- private, or public use. Q. The signature of the city engineer or other licensed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivision applicant has either: 1. Completed all improvements in accordance with these regulations and with the action of the city council; or 2. Submitted a bond or other method of security in accordance with the provisions of YMC 14.20.130 sufficient to assure completion of all required improvements. R. The signature of the administrator certifying that the final plat conforms to the conditions of approval for the preliminary plat. S. A space for the signature of the mayor, whose signature shall evidence the approval of the final plat by the Yakima city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.190). 14.20.220 Final plat approval. A. Upon receipt of a final plat meeting the requirements of YMC 14.20.210, the city council shall, at its next public meeting, set a date for consideration of the final plat. Notice of the date, time, and location of the public meeting shall be given to the subdivision applicant, surveyor, city engineer, and the Yakima County health officer at least ten days prior to the date of the public meeting. B. The city council shall review the final plat during the public meeting and shall approve the final plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of YMC Title 14 as they existed when the preliminary plat was approved. C. Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evidence of city council approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.200). 14.20.230 Final plat—Recording. All final plats approved by the city council and signed by the mayor shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of any building permits. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.210). 14.20.240 Final plat—Alterations, vacations. A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 58.17. B. All petitions for plat alterations or vacations, except as provided for in YMC 14.05.160 and 14.05.170, shall be submitted on forms provided by the planning division and shall be reviewed by the hearing examiner at an open record public hearing. YMC 1.43.080(D) delegates to the hearing examiner final authority on plat alterations. The final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.220). 14.20.250 Final plat—Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H). B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action. C. The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right-of-way in accordance with the current city council policy on said compensation. (Ord. 2013-033 § 2 (Exh. B), 2013: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.230). 14.20.260 Plat vacation—Requirements for complete application. An applicant for a plat vacation shall submit the following items and information: A. The reasons for the proposed vacation; B. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated; C. If the subdivision is subject to any covenants which were filed when the subdivision was approved, and whether the proposed vacation would result in the violation or failure of any such covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the proposed vacation of the subdivision or portion thereof; D. A copy of the approved plat proposed to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.240). 14.20.270 Plat vacation—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat vacations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner finds that the public use would not be served by retaining the public interest in such land. C. Vacation of Streets or Other Public Rights -of -Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street or other public right-of-way may be vacated contrary to the provisions of RCW Chapter 35.79 or the city's street vacation ordinance. D. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement holder, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.250). 14.20.280 Plat alteration—Requirements for complete application. An applicant for a plat alteration shall submit the following: A. Signatures of the majority of those persons having an ownership interest of Tots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; B. If the subdivision is subject to restrictive covenants filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof; C. A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.260). 14.20.290 Plat alteration—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat alterations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. C. Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature, after which, it shall be filed with the county auditor to become the lawful plat of record. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.270). Chapter 14.20 SUBDIVISION—PROCEDURE Sections: 14.20.010 Simultaneous review. 14.20.020 Preapplication procedure. 14.20.030 Subdivision application—Requirements. 14.20.040 Preliminary plat preparation. 14.20.050 Preliminary plat contents. 14.20.060 Determination of complete application. 14.20.070 Open record public hearing date established. 14.20.080 Notice of open record public hearing. 14.20.090 Notice to affected agencies and departments. 14.20.100 Review by city of Yakima planning commission or hearing examiner—Recommendation required. 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. 14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval. 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. 14.20.150 Maintenance bond. 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. 14.20.170 Preliminary plats—Offers and agreement to sell lots. 14.20.180 Final plat—Submission for approval required—Copies—Fees. 14.20.190 Final plat—Preparation. 14.20.200 Final plat—Conformance with preliminary plat approval. 14.20.210 Final plat—Requirements. 14.20.220 Final plat approval. 14.20.230 Final plat—Recording. 14.20.240 Final plat—Alterations, vacations. 14.20.250 Final plat—Street vacations. 14.20.260 14.20.270 14.20.280 14.20.290 Plat vacation—Requirements for complete application. Plat vacation—Criteria for approval. Plat alteration—Requirements for complete application. Plat alteration—Criteria for approval. 14.20.010 Simultaneous review. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.020 Preapplication procedure. A subdivision applicant may first prepare and submit a preapplication drawing of the proposed subdivision showing the proposed layout of the Tots, streets, and utilities. The administrator shall then schedule an informal meeting with the subdivision applicant and the design services team (DST) to review the proposal. Based upon information acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.030 Subdivision application—Requirements. A. A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning. B. Each subdivision application shall include the following: 1. A written application on a form provided by the planning division and signed by the land owner, owners, or authorized agent. 2. A current preliminary land title commitment. 3. Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of YMC 14.20.050. 4. A nonrefundable application fee according to the current fee schedule adopted by city council. 5. A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and YMC Chapter 6.88 together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.040 Preliminary plat preparation. The proposed preliminary plat shall be prepared by a land surveyor registered in the state of Washington. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.050 Preliminary plat contents. The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred feet or larger and shall be at least eighteen inches by twenty-four inches in size. It shall show: A. All existing Tots or parcels included in the proposed subdivision. B. The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County. C. An accurate and complete legal description of the proposed subdivision. D. Scale, north arrow, and date. E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed Tots and streets. F. Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the Tots within the proposed subdivision and their point(s) of connection with existing services. G. Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land. H. Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature. I. Parcels of land intended or required to be dedicated for streets or other public purposes. J. Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Yakima datum if available. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.060 Determination of complete application. Upon receiving a subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. If the application is not complete, the administrator will notify the applicant of such determination and what is necessary to make the application complete. Within fourteen days after an applicant has submitted additional necessary information, the administrator shall determine whether or not the application is complete and notify the applicant accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.070 Open record public hearing date established. When the administrator determines that a complete subdivision application has been submitted, the administrator shall set a date for an open record public hearing on the application before the city of Yakima planning commission, or the hearing examiner. The administrator may establish deadlines for submittal of applications prior to regular monthly planning commission or hearing examiner hearing dates; however, the hearing date shall not be set more than sixty days, nor less than twenty days, from the date that an application is determined to be complete. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.080 Notice of open record public hearing. A. The city shall give notice of the open record public hearing before the city of Yakima planning commission or the hearing examiner as follows: 1. By publication of notice at least once, not less than ten calendar days prior to the hearing, in a newspaper of general circulation within Yakima County and a newspaper of general circulation in the area where the real property to be subdivided is located. 2. At least ten calendar days before the date of the open record public hearing, notice of the hearing 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: (1) the land proposed to be subdivided, and (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. 3. Additional notice of such hearing shall be given to the board of Yakima County commissioners and the Yakima County planning department upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city of Yakima. 4. Additional notice of such hearing shall be given to the Washington State Department of Transportation upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway. B. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may either be a postcard format or letter size paper. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 2, 2010: Ord. 98-65 § 2 (part), 1998). 14.20.090 Notice to affected agencies and departments. Upon determining that a subdivision application is complete, the administrator shall, when determined appropriate to do so, notify the following agencies and departments of the date, hour, and location of the public hearing, together with a copy of the preliminary plat: A. City director of public works; B. City office of code enforcement; C. City office of engineering; D. Yakima County clean air authority; E. Appropriate irrigation district or company; F. Private water company; G. City fire department; H. City police department; I. Yakima health district; J. Yakima County department of public works; K. Affected school district; L. Local office of the Washington State Department of Ecology; M. Local office of the United States Soil Conservation Service; N. The office of any electrical distribution company servicing the area; O. The office of any telephone company servicing the area; P. The office of any natural gas company servicing the area; Q. Any other affected utility company or special district. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.100 Review by city of Yakima planning commission or hearing examiner—Recommendation required. A. The city of Yakima planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; 4. As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for: a. Public health, safety, and general welfare; b. Open spaces; c. Drainage ways; d. Streets or roads, alleys, and other public ways; e. Transit stops; f. Potable water supplies, irrigation and other water suppliers; g. Sanitary waste disposal; h. Parks and recreation; i. Playgrounds; j. Schools and school grounds; k. Sidewalks; I. Other planning features that assure safe walking conditions for students who walk to and from school; 5. Based upon standards in subsections (A)(1) through (A)(4) of this section, a finding that the public use and interest will be served by the approval of this subdivision. B. The city of Yakima planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. A. Upon receipt of the recommendation of the city of Yakima planning commission or the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and recommendation. B. The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral comments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing and the recommendation. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Only for good cause shown, as determined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the city of Yakima planning commission or the hearing examiner, (2) remand the matter back to the city of Yakima planning commission or the hearing examiner with appropriate directions, or (3) reverse or modify the city of Yakima planning commission's or the hearing examiner's recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the recommendation to approve or disapprove the preliminary plat, it may adopt the findings, conclusions, and recommendation. If the city council rejects the recommendation, it shall adopt appropriate findings and conclusions. C. A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection. D. Each preliminary plat of a proposed subdivision and any associated dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety -day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval. A. The city council shall review the proposed subdivision and the recommendations and findings of the city of Yakima planning commission or the hearing examiner. If city council determines the standards of this section are satisfied, then it shall approve the preliminary plat. If city council determines that the standards of this section have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat. B. The city council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The city council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the city council covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the Washington State Department of Ecology. C. The city council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, city council may require a waiver of the right of direct access to any street from any property. D. The city council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998). 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. A. As an alternative to construction of required improvements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements. B. The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements. C. An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city engineer and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing. D. After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivision applicant shall submit the bond or other method of security to the city engineer for final review and approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.121). 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefor made by the owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.130). 14.20.150 Maintenance bond. A. The subdivision applicant shall file with the city engineer a maintenance bond or propose some other method of security providing for and securing to the city of Yakima the successful operation of required improvements for one year and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period. B. The amount and conditions of the maintenance bond or other method of security shall be subject to approval by the city engineer and city attorney. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.140). 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. A. Approval of preliminary plats of proposed subdivisions shall expire five years from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period. B. The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the original recommendation. C. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.150). 14.20.170 Preliminary plats—Offers and agreement to sell lots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval that is not expressly conditioned on the recording of the final plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.155). 14.20.180 Final plat—Submission for approval required—Copies—Fees. A. A final plat of a proposed subdivision may be submitted for approval by the city council by filing the proposed final plat with the planning division within five years from the date of approval of the preliminary plat or within the time provided as an extension granted by the city council. B. Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.160). 14.20.190 Final plat—Preparation. A. Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him. B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW Chapter 58.09) as it now exists or is hereafter amended. C. The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision. D. Permanent survey monuments, as defined in YMC Chapter 14.10, shall be placed at all lot corners and street intersections. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.170). 14.20.200 Final plat—Conformance with preliminary plat approval. A proposed final plat must conform to the conditions of preliminary plat approval. The city council may approve a proposed final plat which, because of unforeseen technical or engineering problems, involves minor deviations from the preliminary plat. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.180). 14.20.210 Final plat—Requirements. Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator: A. Date, north arrow and scale. B. Name of the subdivision. C. Accurate and complete legal description of the subdivision on the face of the final plat. D. A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves. F. Notation and description of any protective improvements or dedications required by the city council or otherwise provided. G. Reference to any recorded subdivision or short subdivision adjoining the subdivision. H. Name and right-of-way width of each street or other right-of-way. 1. Location, dimensions, and purpose of any easements. J. Number to identify each lot and block. K. Addresses for each lot within the plat. L. Purpose for which sites, other than residential Tots, are dedicated or reserved. M. Certificate by the professional surveyor certifying to the accuracy of the survey and plat in substantially the following form: I, , a Professional Land Surveyor, do hereby certify that the plat of is based upon an actual survey and subdivision of Section , Township , Range , that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat. (Surveyor's signature and seal) N. Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by YMC 14.15.090(1). 0. If the subdivision 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. P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi- private, or public use. Q. The signature of the city engineer or other licensed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivision applicant has either: 1. Completed all improvements in accordance with these regulations and with the action of the city council; or 2. Submitted a bond or other method of security in accordance with the provisions of YMC 14.20.130 sufficient to assure completion of all required improvements. R. The signature of the administrator certifying that the final plat conforms to the conditions of approval for the preliminary plat. S. A space for the signature of the mayor, whose signature shall evidence the approval of the final plat by the Yakima city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.190). 14.20.220 Final plat approval. A. Upon receipt of a final plat meeting the requirements of YMC 14.20.210, the city council shall, at its next public meeting, set a date for consideration of the final plat. Notice of the date, time, and location of the public meeting shall be given to the subdivision applicant, surveyor, city engineer, and the Yakima County health officer at least ten days prior to the date of the public meeting. B. The city council shall review the final plat during the public meeting and shall approve the final plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of YMC Title 14 as they existed when the preliminary plat was approved. C. Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evidence of city council approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.200). 14.20.230 Final plat—Recording. All final plats approved by the city council and signed by the mayor shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of any building permits. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.210). 14.20.240 Final plat—Alterations, vacations. A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 58.17. B. All petitions for plat alterations or vacations, except as provided for in YMC 14.05.160 and 14.05.170, shall be submitted on forms provided by the planning division and shall be reviewed by the hearing examiner at an open record public hearing. YMC 1.43.080(D) delegates to the hearing examiner final authority on plat alterations. The final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.220). 14.20.250 Final plat—Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H). B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action. C. The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right-of-way in accordance with the current city council policy on said compensation. (Ord. 2013-033 § 2 (Exh. B), 2013: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.230). 14.20.260 Plat vacation—Requirements for complete application. An applicant for a plat vacation shall submit the following items and information: A. The reasons for the proposed vacation; B. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated; C. If the subdivision is subject to any covenants which were filed when the subdivision was approved, and whether the proposed vacation would result in the violation or failure of any such covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the proposed vacation of the subdivision or portion thereof; D. A copy of the approved plat proposed to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.240). 14.20.270 Plat vacation—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat vacations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner finds that the public use would not be served by retaining the public interest in such land. C. Vacation of Streets or Other Public Rights -of -Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street or other public right-of-way may be vacated contrary to the provisions of RCW Chapter 35.79 or the city's street vacation ordinance. D. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement holder, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.250). 14.20.280 Plat alteration—Requirements for complete application. An applicant for a plat alteration shall submit the following: A. Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; B. If the subdivision is subject to restrictive covenants filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof; C. A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.260). 14.20.290 Plat alteration—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat alterations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining Tots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. C. Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature, after which, it shall be filed with the county auditor to become the lawful plat of record. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.270). Chapter 14.25 SUBDIVISION—DESIGN REQUIREMENTS Sections: 14.25.010 Conformity to provisions required. 14.25.020 Comprehensive plan compliance required. 14.25.030 Zoning ordinance compliance required. 14.25.040 Lot design. 14.25.050 Block design. 14.25.010 Conformity to provisions required. Every subdivision preliminary plat shall conform to the provisions of this chapter and shall thereafter adhere to the requirements of this chapter in the actual physical development of the subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.25.020 Comprehensive plan compliance required. Every subdivision shall comply with the goals, policies, and standards of the Yakima urban area comprehensive plan as it now exists or is hereafter amended. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998). 14.25.030 Zoning ordinance compliance required. Every lot within a subdivision shall comply with the lot size and width requirements of the city of Yakima urban area zoning ordinance. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.25.040 Lot design. Each lot within a subdivision shall comply with the following design standards and requirements: A. Double frontage lots, as defined in YMC 14.10.020, are permitted only where determined by the city council, or the administrator in the case of short subdivisions, to be essential to provide separation of residential lots from major and secondary arterial streets or high-intensity land uses or to overcome specific disadvantages of topography or parcel configuration. When double frontage lots are used, access shall be limited to only one of the fronting streets. B. All lots within a subdivision shall have direct access to and frontage upon a dedicated public street or be accessed by an easement. Access easements cannot serve more than one lot. Minimum street frontage and/or access easement width shall be at least twenty feet. Lots intended for residential use should not access a principal or minor arterial. C. Private streets conforming to YMC 12.06.090 may be allowed within a master planned development pursuant to YMC Chapter 15.28. D. All lots not located in a master planned development subdivision shall have a minimum lot width at the building setback line consistent with Table 5-2 (YMC Chapter 15.05). (Ord. 2011-08 § 1 (part), 2011: Ord. 2001-04 § 8, 2001; Ord. 98-65 § 2 (part), 1998). 14.25.050 Block design. Blocks shall not be less than two hundred fifty feet nor more than one thousand feet in length as measured along their greatest dimension. Any block over six hundred sixty feet in length may be required to provide for a pedestrian way connecting opposite sides of the block. The pedestrian way shall be dedicated to public use and shall be located as near as possible to the center of the block. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). Chapter 14.30 SUBDIVISION—IMPROVEMENT REQUIREMENTS Sections: 14.30.010 Conformity to provisions required. 14.30.020 Design and engineering plans required. 14.30.060 Improvements for unstable soil conditions. 14.30.010 Conformity to provisions required. Every subdivision shall conform to the subdivision improvement requirements of this chapter. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.30.020 Design and engineering plans required. The subdivision applicant shall submit design and engineering plans to the city engineer for all improvements required pursuant to the provisions of this title. No construction of improvements shall begin before the city engineer has approved the plans in accordance with the provisions of YMC Title 12. (Ord. 2011-08 § 1 (part), 2011: Ord. 2001-13 § 44, 2001: Ord. 98-65 § 2 (part), 1998). 14.30.060 Improvements for unstable soil conditions. Land which has a slope or slopes of more than twenty percent or has unstable soil conditions shall not be subdivided unless the subdivision applicant first furnishes soils data to the city engineer and designs and installs corrective measures to control slides, erosion, drainage, or other similar problems as required and approved by the city engineer. Review under YMC Chapter 15.27 may be required for land classified as geologically hazardous areas. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). Chapter 14.35 BINDING SITE PLANS Sections: 14.35.010 Purpose. 14.35.020 Authority. 14.35.030 Applicability. 14.35.040 Application. 14.35.050 Determination of complete application. 14.35.060 Public notice of binding site plan application. 14.35.070 Design services team meeting. 14.35.080 Administrative decision. 14.35.090 Preliminary approval—Limitations. 14.35.100 Final plan approval and recording. 14.35.110 Administrative approval of individual lots. 14.35.120 Vacation or alteration of a recorded binding site plan. 14.35.130 Appeals. 14.35.010 Purpose. The purpose of this chapter is to provide a process for the division of land for the purpose of sale, lease, or transfer of commercial or industrial lots as an alternative to the subdivision process. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.020 Authority. RCW 58.17.035 and 58.17.040(4) provide for a binding site plan process as an alternate method of dividing land for commercial or industrial land. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.030 Applicability. This chapter shall apply solely for the sale, lease, or transfer of lots zoned small convenience center (SCC); Targe convenience center (LCC); airport support (AS); central business district (CBD); general commercial (GC); regional development (RD); light industrial (M-1); and heavy industrial (M-2) under the Yakima urban area zoning ordinance, Title 15 YMC. Land use development within binding site plans is governed by YMC 15.04. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.040 Application. Twenty copies of a preliminary binding site plan shall be submitted to the office of environmental planning together with the application fee set forth by the current fee schedule. All site plans must include the following in order to be considered a complete application: A. The proposed site plan, prepared by a licensed architect, engineer, or registered land surveyor, that is of a scale of at least one inch equals one hundred feet. B. All existing and proposed easements and public and/or private roads; all existing structures; elevations shown by contour lines at intervals of five feet or Tess for ground slopes exceeding three percent; approximate location of all natural features. C. The location, description, and proposed phasing of all facilities proposed to serve the development: 1. Interior and exterior roadway network; 2. Water and sewerage facilities; 3. Stormwater drainage facilities; 4. Sidewalks and streetlights; 5. Fire protection devices with sufficient water storage and flows; 6. Facilities to address compatibility with adjacent dissimilar land uses; 7. Any lot(s) to be created as a part of the original binding site plan. D. A current title report covering the entire property included in the site plan. E. Provisions for long-term maintenance with adequate financing for areas and facilities under common ownership. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.050 Determination of complete application. Upon receiving an application for a binding site plan, the administrator shall have twenty-eight days to determine if the application is complete. Incomplete applications will be returned so that deficiencies may be corrected. All resubmissions will be evaluated to determine if a complete application has or has not been resubmitted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.060 Public notice of binding site plan application. The administrator shall direct that public notice of the proposed binding site plan application be given within ten calendar days of a complete application. This notice shall consist of mailing a notice of application to the owners of all properties within three hundred feet of the exterior boundaries of the proposed binding site plan as such owners are shown on the records of the Yakima County assessor. If the owner of the real property subject to the binding site plan owns another parcel or parcels of real property which lie adjacent to the subject property, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property 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 § 3, 2010: Ord. 98-65 § 2 (part), 1998). 14.35.070 Design services team meeting. To ensure that all development requirements are properly addressed, upon receipt of a fully completed binding site plan application, the office of environmental planning shall schedule a design services team meeting and circulate a copy of the plan to all affected agencies together with the time and date of the meeting. This meeting will be scheduled within twenty days of receipt of a complete application. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.080 Administrative decision. The administrative official shall review the binding site plan for compliance with the provisions of this chapter and all other land use regulations in effect at the time of submission of a fully completed binding site plan application. If all requirements for approval are met, the administrator shall provide written findings of facts supporting the approval of the preliminary binding site plan and set forth all conditions for final binding site plan approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.090 Preliminary approval—Limitations. The approval of a preliminary binding site plan by the administrator authorizes the applicant to prepare the final site plan and develop the required improvements and facilities in accordance with the conditions of approval. No sale, lease, or transfer of any lot proposed by the site plan shall occur until a final binding site plan is approved and recorded with the Yakima County auditor. The final site plan shall be submitted within five years of the date of preliminary approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.100 Final plan approval and recording. When all conditions of the preliminary binding site plan approval are met, the developer shall submit the final binding site plan together with the fee set forth in the adopted fee schedule to the planning department for processing and recording. The final binding site plan shall include the following: A. A complete survey of the entire property and the initial lots to be created, if any, including the legal description, north arrow, scale, surveyor's certificate, etc. B. The acknowledged signatures of all parties having an ownership interest in the property. C. The signature of the city engineer, the administrator, and the county treasurer. D. Auditor's certificate. E. Written documentation that all requirements for preliminary binding site plan approval are met including the completion of all required infrastructure improvements. Once all the above requirements are met, the planning department shall file the final binding site plan with the county auditor. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.110 Administrative approval of individual Tots. Once the final binding site plan is recorded, the creation of individual lot(s) other than lots established by the recorded binding site plan may be administratively approved through the qualified exemption process set forth in YMC 14.05.160(G). Once a completed binding site plan exemption application is submitted together with the fee set forth in the adopted fee schedule, it will be reviewed by the planning department and city engineer, and any other agency with jurisdiction for compliance with this chapter. The application must include the following: A. The proposed lot(s) created must be surveyed by a registered land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the property shall sign the exemption application and the survey. B. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan. C. The lot(s) meet the minimum lot size in the zoning district. When the exemption application is approved, the survey containing the above information must be recorded with the county auditor's office prior to the sale, lease, or transfer of any lot. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.120 Vacation or alteration of a recorded binding site plan. Whenever any person is interested in the vacation or alteration of a recorded binding site plan, the procedures set forth in YMC 14.35.040 through 14.35.090 contained herein shall be followed, except that this section does not apply to the creation of lots under YMC 14.35.110, and except that modifications to binding site plans that are determined by the director of community and economic development to be minor may be reviewed and approved administratively. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.35.130 Appeals. Any decision of the administrator may be appealed following the procedures set forth in Chapter 14.50. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). Chapter 14.40 SUBDIVISION AND SHORT SUBDIVISION ENFORCEMENT PROVISIONS Sections: 14.40.010 Administrative officer. 14.40.020 Variances. 14.40.030 Building permits restricted. 14.40.040 Penalty for violation. 14.40.050 Each transfer a separate offense. 14.40.060 Violation as nuisance. 14.40.070 Remedies preserved. 14.40.010 Administrative officer. The administrator shall be vested with the administrative duty of interpreting, coordinating responsibilities, and enforcing the provisions of YMC Title 1.4. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998). 14.40.020 Variances. A. Applications for variances from the literal enforcement of YMC Title 14 shall be made in writing and filed by the landowner with the city planning division, which application shall specifically state the relief sought and the reasons thereof. The application for variance shall demonstrate all of the following: 1. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area. 2. That literal interpretation of the provisions of this title would deprive the land owner of rights commonly enjoyed by other properties in the same area under the terms of this title. 3. That the special conditions and circumstances do not result from the actions of the applicant. 4. That the special hardship is not self-inflicted. 5. That granting the variance requested will not confer on the applicant any special privilege that is denied by provisions of this title to other lands in the same area. 6. That financial gain is not the ground or grounds for the variance. 7. That the variance will not nullify the intent and purpose of the general plan nor the provisions of this title. B. An application for a variance shall be considered by the hearing examiner at an open record public hearing, and the hearing examiner shall make its recommendation to the city council. C. On receipt by the city council of the hearing examiner's recommendation, the city council shall consider the application at a public meeting. The city council may grant such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would work a unique hardship on the applicant. In granting such variance, the city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements concerning which a variance is granted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.40.030 Building permits restricted. A. No building permit, utility permit or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title. B. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice of the act or acts constituting the violation. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.40.040 Penalty for violation. Any person, as defined in YMC 14.10.020, who violates any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred fifty dollars, or by imprisonment in the city jail facility for not more than ninety days, for each such violation. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.40.050 Each transfer a separate offense. Each sale or lease, offer for sale or lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.40.060 Violation as nuisance. Any development or use of property or any act relating to a sale or lease, offer for sale or lease, or transfer of any lot, tract or parcel of land contrary to the provisions of this title is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the superior court of the state of Washington in and for Yakima County. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.40.070 Remedies preserved. Nothing in this chapter shall be construed to supersede, impair or otherwise affect any private or public rights and remedies authorized by RCW Chapter 58.17 as they now exist or are hereafter amended. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). Chapter 14.50 APPEALS Sections: 14.50.010 Appeal of administrative official's decision. 14.50.020 Appeal of hearing examiner's decision. 14.50.030 City council action on appeal of hearing examiner's decision. 14.50.040 Appeal of city council's decision. 14.50.050 Effect of appeals. 14.50.060 Actions not appealable. 14.50.010 Appeal of administrative official's decision. A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the administrator may appeal that decision to the hearing examiner. B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrator. Appeals shall be filed with the office of environmental planning. C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office of environmental planning and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban area zoning ordinance, this title, or other provisions of law. D. Notice. The office of environmental planning shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing. E. Transfer of Record. The planning manager shall transmit to the hearing examiner true copies of all records pertaining to the proposed decision being appealed, together with any additional written report as determined to be pertinent. F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.120). 14.50.020 Appeal of hearing examiner's decision. A. Appeals. The hearing examiner's decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner: 1. The appealing party must file a complete written notice of appeal with the office of environmental planning upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision. 2. The notice of appeal shall specify the claimed error(s) and issue(s) on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered. B. Appeal Procedures. 1. The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant. 2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen -day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner. 3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the office of environmental planning shall within five days deliver to the city council a copy of the examiner's decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner, and any written argument or memorandum of authority which has been received. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998. Formerly 14.15.130). 14.50.030 City council action on appeal of hearing examiner's decision. A. General. When the record and the hearing examiner's decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner's decision was based and the written and oral arguments of the appellant and other parties of record regarding whether the hearing examiner's decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental planning. B. Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all parties of record of the date of the closed record public hearing on the appeal. C. Site Views. The city council may view the site. D. Scope of Review. City council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to any new material provided. E. Action on Appeal. At the closed record public hearing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner's findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findings and conclusions accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.140). 14.50.040 Appeal of city council's decision. The action of the city council on an appeal of the decision of the hearing examiner shall be final and conclusive unless within twenty-one days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.150). 14.50.050 Effect of appeals. No subdivision may be recorded while an appeal is pending. (Ord. 2011-08 § 1 (part), 2011: Ord. 98- 65 § 2 (part), 1998. Formerly 14.15.160). 14.50.060 Actions not appealable. A. Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter. B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision- making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 14.40. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.15.170). [end of Exhibit F] Exhibit G Chapter 10.05 FIRE CODE Sections: 10.05.010 Adoption of codes. 10.05.015 Fire code plan review and inspection fees. 10.05.020 Fireworks. 10.05.025 Amendments to the International Fire Code. 10.05.030 Permits, certificates, fees. 10.05.050 Regulation of alarm gongs and chimes. 10.05.060 Care of standpipes and hose. 10.05.070 Establishment of limits in which storage of explosives and blasting agents is to be prohibited. 10.05.075 Operation of tank vehicles. 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. 10.05.090 Establishment of limits in which bulk plant storage of liquefied petroleum gases is to be restricted. 10.05.110 Storage in unfinished spaces. 10.05.120 Wood box, tote bin and pallet storage. 10.05.130 Duties of persons in control of public buildings. 10.05.140 Injuring or tampering with fire alarm apparatus or equipment—Sounding false alarm of fire. 10.05.145 Removal of debris after fire. 10.05.150 OPTICOM defined—Regulated. 10.05.010 Adoption of codes. The International Fire Code with Appendices B, C, and Sections D105.1 and D105.3, D106 and D107 of Appendix D therein, 2012 Edition, published by the International Code Council, as modified and adopted pursuant to Chapter 51-54 Washington Administrative Code (WAC), of which one or more copies of each are filed in the office of the code administration manager of the city of Yakima, and are adopted and incorporated as fully as if set out in full herein, as the fire prevention code of the city, except as hereinafter amended, and the provisions and regulations thereof are hereby adopted as the provisions and regulations of the city, and the several sections of numbers therein shall constitute, and may be referred to as, the numbers of this chapter. (a) In addition to the above, Section D105.2 of Appendix D of the International Fire Code, 2012 Edition, is adopted as amended below: D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion of building more than 30 feet (9144 mm) in height. (b) In addition to the above, Sections 503.1 and 503.2 of the International Fire Code, 2012 Edition, are adopted and incorporated as if fully set out in full herein. (Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 3394 § 1, 1991: Ord. 3147 § 1, 1988: Ord. 2898 § 1, 1985: Ord. 2669 § 1, 1983: Ord. 2462 § 1, 1980: Ord. 2171 § 1, 1978: Ord. 1764 § 1, 1975: Ord. 1109 § 1, 1969: Ord. 1027 § 1, 1968). 10.05.015 Fire code plan review and inspection fees. A. General. Fees as set forth in Table 10.05.015A shall be paid to the city for review of building plans for compliance with Chapter 10.05 YMC and for inspection of construction for compliance with Chapter 10.05 YMC. No inspection fee shall be charged for annual inspection of existing buildings after a certificate of occupancy has been issued. B. Fees Required for Plan Review. For construction projects for which the fire code requires submittal documents, the hourly plan review fee indicated in Table 10.05.015A shall be charged for the time to perform the plan review. The plan review fees required by this section are separate from the inspection fees required by this section, and are in addition to any inspection fees. When submittal documents are incomplete or are changed so as to require additional plan review, additional plan review fees shall be charged at the rate shown in Table 10.05.015A. C. Fees Required for Inspection. For construction projects for which the fire code requires inspection, the hourly inspection fee indicated in Table 10.05.015A shall be charged for the time to perform the inspection. The inspection fees required by this section are separate from the plan review fees required by this section, and are in addition to any plan review fees. D. Fees Required for Reinspections. A fee shall be charged for reinspection for each inspection that must be made: (1) because work for which inspection is called by the permittee is not complete and ready for inspection; (2) when the inspection record card is not posted or otherwise available on the work site; (3) when the approved plans are not readily available to the inspector; (4) for failure to provide access on the date for which inspection is requested; or (5) when corrections required by an inspector are not satisfactorily made when the permittee calls for a follow-up inspection for corrections. No reinspection fee shall be incurred for verification of corrections when such corrections are satisfactorily made. To obtain a reinspection, the permittee must pay the reinspection fee stated in Table 10.05.015A in advance. Table 10.05.015A Plan Review and Inspection Fees 1.Plan review for compliance with Chapter 10.05 YMC and for changes, $47.00 per hr. additions or revisions to approved plans (minimum charge—one hour) 2. Normal inspection (minimum charge—one hour) $47.00 per hr. 3. Re -inspection (minimum charge—one hour) $47.00 per hr. 4 Inspections for which no other fee is specifically indicated (minimum charge—one hour) $47.00 per hr. E. Severability. If any part of this section is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this section. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2002-16 § 1, 2002). 5.020 Fireworks. The manufacture, storage, handling, sale and use of fireworks shall be governed by Chapter 10.15 of the Yakima Municipal Code (YMC), Chapter 70.77 RCW and by Chapter 212-17 WAC. To the extent any provision of Chapter 33 of the International Fire Code, 2009 Edition, is inconsistent with Chapter 10.15 YMC, Chapter 70.77 RCW or Chapter 212-17 WAC, the provisions of Chapter 10.15 YMC, Chapter 70.77 RCW and Chapter 212-17 WAC shall control. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 3394 § 2, 1991: Ord. 3147 § 2, 1988: Ord. 2898 § 2, 1985: Ord. 2669 § 2, 1983: Ord. 2462 § 2, 1980: Ord. 2354 § 4, 1979: Ord. 2171 § 2, 1978: Ord. 1764 § 2, 1975: Ord. 1109 § 2, 1969: Ord. 1027 § 2, 1968). 10.05.025 Amendments to the International Fire Code. A. Section 103 of the International Fire Code, 2009 Edition, is amended to read as follows: SECTION 103 RESPONSIBILITY FOR ENFORCEMENT 103.1 General. The following officers are designated as fire code officials, as that term is applied throughout this code, with the duties described herein. 103.2 Administration and Enforcement—Code Administration Manager. Subject to the availability of sufficient budgeted funds and/or personnel, the Director of Community and Economic Development shall be responsible for the administration and enforcement of this code. Under his direction the Division of Code Administration shall enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires. 2. The storage, use and handling of hazardous materials. 3. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire -extinguishing equipment. 4. The maintenance and regulation of fire escapes. 5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction. 6. The maintenance of exits. 7. Adoption and enforcement of this code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section herein, this section shall govern insofar as applicable. 103.3 Administration and Enforcement—Fire Chief. The Chief of the Fire Department shall be responsible for the administration and enforcement of all ordinances of the jurisdiction pertaining to: 1. The suppression or extinguishing of dangerous or hazardous fires. 2. The investigation of the cause, origin and circumstances of fires and unauthorized releases of hazardous materials. 104, "General," of the International Fire Code, 2009 Edition, is amended to add Section 104.1.1, "Rules and Regulations," to read as follows: 104.1.1 Rules and Regulations. The Director of Community and Economic Development, or person designated by the Director, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Three certified copies of such rules and regulations shall be filed with the Yakima City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the Office of Code Administration for distribution to the public. C. Section 104, "General," of the International Fire Code, 2009 Edition, is hereby amended to add Section 104.1.2, "Authority of Fire Code Officials to Exercise Powers of Police Officers," to read as follows: 104.1.2. Authority of Fire Code Officials to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community and Economic Development, together with their respective authorized representatives, shall have the powers of a police officer in performing their respective duties under this code. D. Section 104, "General," of the International Fire Code, 2009 Edition, is hereby amended to add Section 104.1.3, "Authority and Duty of Police Personnel to Assist in Enforcing this Code," to read as follows: 104.1.3. Authority and Duty of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Chief of the Fire Department or the Director of Community and Economic Development or one of their authorized representatives, the Chief of Police shall assign such available police officers as in his discretion may be necessary to assist the Fire Department or Office of Code Administration in enforcing the provisions of this Code. E. Section 106.1, "Inspection authority," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 106.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code. Subject to the availability of sufficient budgeted funds and/or personnel, the Code Administration Manager or his authorized representatives may inspect, as often as may be practicable, all buildings and premises, including such other hazards or appliances, as the Code Administration Manager or his authorized representatives may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety. F. Section 110.1.1, "Unsafe conditions," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law. G. Section 104.10, "Fire investigations," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 104.10 Fire investigations. The Fire Chief, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall be subject to the procedures and provisions of the Public Records Act, Chapter 42.56 RCW. The Fire Department shall investigate promptly the cause, origin and circumstances of each and every fire occurring in the municipality involving Toss of life or injury to person or destruction or damage to property, and if it appears to the Chief of the Fire Department or his authorized representatives making the investigation that such fire is of suspicious origin, he shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The Chief of the Fire Department or his authorized representatives shall make a report in writing of all facts and findings relative to each investigation. The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police. H. Section 104.3, "Right of entry," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 104.3 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or any rules and regulations adopted hereunder, or whenever the Code Administration Manager or any of his authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code which makes such building or premises unsafe, the Code Administration Manager or any of his authorized representatives may enter such building or premises at all reasonable times to inspect; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Code Administration Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in Section 104.1.2 and 104.1.3 of this code. If the owner or occupant denies entry, the chief or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the chief or his authorized representative for the purpose of inspection and examination pursuant to this code. I. Section 109.3, "Violation penalties," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. J. Section 108, "Board of Appeals," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: Board of appeals established. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to hazards of fire, explosions, hazardous conditions or fire suppression systems and other pertinent matters, and not employees of the City. The Code Administration Manager shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Yakima City Council and shall hold office at their pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Code Administration Manager with a duplicate copy to the appellant and may recommend to the Yakima City Council such new legislation as is consistent therewith. K. Section 105.2, "Application," of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 105.2 Application. All applications for a permit required by this Code shall be made to the Office of Code Administration, the applicable fire code official, in such form and detail as prescribed by the Code Administration Manager. Applications for permits shall be accompanied by such plans as required by the Code Administration Manager. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2012-06 §§ 1, 2, 2012; Ord. 3394 § 3, 1991: Ord. 3147 § 3, 1988: Ord. 2898 § 3, 1985: Ord. 2669 § 3, 1983: Ord. 2606 § 1, 1982; Ord. 2462 § 3, 1980: Ord. 2354 § 5, 1979: Ord. 2171 § 3, 1978: Ord. 1764 § 3, 1975). 10.05.030 Permits, certificates, fees. The director of community development, chief of code administration or his authorized representative is authorized and empowered to issue permits, certificates of approval and certificates of fitness required by this code. A permit fee of ten dollars shall be charged to each person, firm or corporation engaged in the business of maintaining fire extinguishers or fumigation. It is unlawful for any person to repair or fill any portable or other type extinguisher, or to fumigate commercially, unless such person has obtained from the chief of code administration a certificate of fitness to do so. Each applicant applying for a certificate of fitness to repair or fill portable fire extinguishers or for fumigation shall be at least eighteen years of age; able to speak, read and write the English language understandably; shall be reliable and have good judgment; and shall be familiar with the necessary work and the materials used in repairing and filling portable fire extinguishers. Whenever the chief of code administration shall find that a person holding a certificate of fitness is careless, negligent or unfitted for the work for which it is issued, the chief of code administration is authorized to revoke or suspend the certificate. Any fees required by local or state law in the enforcement of this code shall be paid to the treasurer of the city. Any permit required by this code shall be issued to the recipient on a permanent basis other than those which require renewal on an annual basis. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 6, 1979: Ord. 2182 § 1, 1978: Ord. 1027 § 3, 1968). 10.05.050 Regulation of alarm gongs and chimes. Every building in the city used as a school, hospital, nursing home, rest home, nursery, sanitarium, orphanage, old people's home, children's home, hotel, or apartment house of more than one story with four or more families doing their own cooking and living independently of each other in the building shall have a manually operated fire alarm system capable of being heard distinctly throughout the building. The alarm system shall be operated from alternating current, electrically, and shall be provided with a manually operated switch and gong so that they are accessible within one hundred feet of any given point on any floor level. Every alarm system shall be installed in compliance with the electrical code of the city of Yakima, and the state of Washington. Any automatic alarm system meeting NFPA Standard 72A requirements shall be accepted in lieu of a minimum manually operated fire alarm system. The person in charge of any building where a fire alarm system is required shall test the system at least once every two weeks to ascertain whether or not the system is in working order, and shall immediately correct any defect that might be found. It shall be the duty of any employee in a building to see that the fire alarm system is operated immediately after the discovery of fire in the building. In all buildings where a continuously ringing fire alarm system is required, an electrically operated chime system may be substituted if such chime is approved for the purpose by the chief of code administration. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 7, 1979: Ord. 1109 § 3, 1969: Ord. 1027 § 5, 1968). 10.05.060 Care of standpipes and hose. The owner or person in charge of any building in the city that is equipped or may hereafter be equipped with wet or dry standpipes with inlet or outlet connections with national standard thread shall cause such connection and fittings to be kept in proper working order, and ready for immediate use in case of fire. Caps with approved lugs shall be installed on all valves and fittings. All hose connected with any dry or wet standpipes shall be kept ready for immediate use. All hoses shall be tested at least once each year, and satisfactory evidence presented to the chief of code administration showing fitness for use. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 8, 1979: Ord. 1027 § 6, 1968). 10.05.070 Establishment of limits in which storage of explosives and blasting agents is to be prohibited. The limits in Chapter 33 of the International Fire Code in which storage of explosives and blasting agents is prohibited are established as follows: within the city limits of Yakima, Washington. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 1, 1993: Ord. 1764 § 5, 1975: Ord. 1109 § 4, 1969: Ord. 1027 § 7, 1968). 10.05.075 Operation of tank vehicles. There is added to Section 3406 of the International Fire Code, 2009 Edition, the following subsections: 3406.1.2. Routes—Duty of City Engineer—Deviation. (a) Except as hereinafter provided, any tank vehicles for carriage of flammable liquids, whether loaded or unloaded, desiring to use the streets of the City of Yakima shall follow only the gasoline routes as designated on the gasoline route map on file in the office of the City Clerk. Such tank vehicles may deviate from said established gasoline routes only at the street intersection leading directly to the bulk plant or terminal or motor vehicle fuel dispensing station where such bulk plant or terminal or motor vehicle fuel dispensing station is not located on such routes and cannot be reached by traveling thereon. Provided, however that such tank vehicles may deviate from the established gasoline routes where necessary to do so for the purpose of being serviced or repaired at a service or repair garage when any such garage is not located on and cannot be reached by traveling on said routes. Such deviation shall be made only at the street intersection leading directly to any such approved garage. (b) The City Engineer, with the consent and approval of the Code Administration Manager, is hereby directed to erect and maintain at all times proper signs within the City of Yakima directing the routes for tank vehicles for the carriage of flammable liquids. Such routes may be changed from time to time by the City Engineer, with the consent and approval of the Code Administration Manager, and such changes shall be effective when the same are noted upon the gasoline route map on file in the office of the City Clerk and when such routes are properly marked by signs to plainly indicate said changed routes. (c) In the case of any emergency or necessity requiring a deviation from said gasoline routes now provided for herein or for stopping or parking upon said routes in violation of this title, the owner or operator of any such tank vehicle shall immediately notify, and request instructions from, the Code Administration Manager or any authorized assistant, and shall explicitly carry out any such instructions received. (d) Delivery of flammable liquids on certain streets prohibited. No tank vehicle shall travel along Yakima Avenue or along the first northerly alley or along the first southerly alley immediately adjacent to and running parallel with the said Yakima Avenue between Naches Avenue and 6th Avenue for the purpose of making gasoline deliveries, except only insofar as it shall be necessary for said tank vehicles to proceed on Yakima Avenue or on said alleys from the nearest intersecting street thereto. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 2, 1993: Ord. 2354 § 9, 1979: Ord. 1764 § 6, 1975: Ord. 1077 § 1, 1968). 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits in Chapter 34 of the International Fire Code, 2009 Edition, in which bulk plant storage of flammable liquids in outside aboveground tanks is prohibited, are established as follows: first fire zone and third fire zone. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 3, 1993: Ord. 1764 § 7, 1975: Ord. 1109 § 5, 1969: Ord. 1027 § 8, 1968). 10.05.090 Establishment of limits in which bulk plant storage of liquefied petroleum gases is to be restricted. The limits in Chapter 38 of the International Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: first fire zone and third fire zone. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 4, 1993: Ord. 1764 § 8, 1975: Ord. 1109 § 5, 1969: Ord. 1027 § 9, 1968). 10.05.110 Storage in unfinished spaces. It is unlawful to place, store, or keep or permit to be placed, stored or kept, in any unfinished attic or other place directly under a roof or any unfinished basement or unfinished area under a building except a residence, any furniture, baggage or other combustible or flammable material. The term "unfinished" as used in this section shall apply to any space or area directly under a roof of any building or under the lowest story of a building, which, if used for storage of combustible materials, would be required by the building code to have all walls and ceilings complete as required for any intermediate area or space within the building. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 1027 § 11, 1968). 10.05.120 Wood box, tote bin and pallet storage. (1) All empty wood boxes, tote bins and pallets, when piled north, northwest or northeast or west of a frame building or frame platform, shall be not less than fifty feet therefrom and such piles shall not exceed twenty feet in width, fifty feet in length, twelve feet to the eaves, and eighteen feet to the gable thereof. (2) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a frame building or frame platform, shall be not Tess than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, fifty feet in length, fourteen feet to the eaves, and twenty feet to the gable thereof. (3) All empty wood boxes, tote bins and pallets, when piled to the north, northwest or northeast or west of a brick, tile, stone or concrete building, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, sixty feet in length, sixteen feet to the eaves, and twenty feet to the gable thereof. (4) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a brick, tile, stone or concrete building, shall be not less than twenty feet therefrom and such piles shall not exceed thirty feet in width, sixty feet in length, sixteen feet to the eaves and twenty-four feet to the gable thereof. (5) All empty tote bins or pallets may be piled flat on the top of the pile without a gable. The pile shall not exceed thirty-five feet in width, sixty feet in length, and twenty-five feet in height. (6) The length, height and width of any specific box, tote bin or pallet pile may be increased upon written approval of the chief of code administration. (7) All piles of empty wood boxes, tote bins, and pallets shall be so arranged that alleys of not less than twelve feet shall surround each pile and the ground around the piles shall be kept free of weeds to a distance of at least six feet from the piles. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 11, 1979; Ord. 1109 § 7, 1969: Ord. 1027 § 12, 1968). 10.05.130 Duties of persons in control of public buildings. The owner, manager or person having control or management of a place of public assembly shall notify the chief of code administration of the intent to use the occupancy except that a continuing program of meeting at same shall not require any further notice. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 12, 1979: Ord. 1027 § 13, 1968). 10.05.140 Injuring or tampering with fire alarm apparatus or equipment—Sounding false alarm of fire. Any person who willfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any firefighting equipment, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire department or state fire marshal official. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 1109 § 8, 1969: Ord. 1027 § 14, 1968). 10.05.145 Removal of debris after fire. A. Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given by the chief of code administration to such person. B. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration, remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof shall, within ten days after notice from the chief of code administration, remove all the remaining portion of the building or structure from the premises. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 13, 1979: Ord. 1109 § 9, 1969). 10.05.150 OPTICOM defined—Regulated. A. Definitions. (1) "OPTICOM" means a light -actuated city of Yakima traffic signal preemption system used to provide safe access for authorized emergency vehicles to and from emergency scenes. (2) "Authorized emergency vehicle" has the same meaning as set forth in RCW 46.04.040. B. Penalty. It is unlawful for any person to actuate, use, or in any way interfere with OPTICOM; provided, that all city of Yakima officials and employees when operating authorized emergency vehicles or who are testing or maintaining OPTICOM equipment may actuate or use OPTICOM; and provided further, that any person duly licensed under this section or his agent may actuate or use OPTICOM when operating an authorized emergency vehicle licensed in this chapter. C. Licensing. The city manager may direct the city clerk to issue a nontransferable OPTICOM license for any single authorized emergency vehicle for an annual fee of ten dollars to the owner of any authorized emergency vehicle permitting such person or his agent to actuate and use OPTICOM. Such license shall expire one year from the date of issuance. Any person applying for such license shall make application on a form provided by the city clerk prepared by the fire chief of the city of Yakima, which form shall provide sufficient information to ensure safe operation of OPTICOM. Upon issuing a license the licensee shall give the city manager an acceptable prepaid policy of liability insurance listing the city of Yakima and its officials and employees as insured in an amount determined by the city manager to adequately cover foreseeable risks generated through licensee's use of OPTICOM. An applicant owner shall also sign an indemnification hold harmless agreement in which he agrees to indemnify, defend and hold harmless the city of Yakima, its officials and employees from any and all liability resulting from a licensee or his agent's actuation and use of OPTICOM. No license shall be granted under this chapter unless the owner applicant's OPTICOM actuation device is acceptable to the fire chief of the city of Yakima or his designee. Any license issued under this chapter may be revoked by the city manager at any time for cause; provided, that before revocation the city manager shall give a licensee written notice of revocation, stating the causes therefor and the date after which said revocation shall take effect if no appeal is taken. The city manager or his designee shall hear all appeals. (Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2198 § 1, 1978). [end of Exhibit G] Exhibit H Determination of Nonsignificance (DNS) issued on December 30, 2013 is on file with the City of Yakima Planning Department and is referenced and located under CL3 #003-13 and MOD #002-15. [end of Exhibit 11] COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 askplanning@yakimawa.gov • http:llwww.yakimawa.govlserviceslplanningl Exhibit H WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON December 30, 2013 PROJECT DESCRIPTION: Environmental review and approval for the proposed construction of a 56,575 sq. ft. residential mini -storage in the Local Business (B-2) zoning district. PROPONENT: Hoeger (applicant), on behalf of NEI Investors (property owner) LOCATION: 8102 W. Nob Hill Blvd., Yakima WA PARCEL NUMBERS: 18133041002 & 18133041001 LEAD AGENCY: City of Yakima. FILE NUMBERS: CL3#003-13, ADJ#006-13, and SEPA#020-13. DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ® This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Responsible Official: Position/Title: Phone Address: Steve Osquthorpe SEPA Responsible Official X509) 575-6183 129 N 2nd Street, Yakima, WA 98901 Date December 30, 2013 Signature ® You may appeal this determination to: Steve Osguthorpe, AICP, Director of Community Development, at 129 N 21d Street, Yakima, WA 98901. No later than: By method: January 13, 2014. Complete appeal application form and payment of $580 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals.