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HomeMy WebLinkAbout09-24-14 YPC Packet"o�1, MI,11.V77W 77El,'I�'I, ,171 " i":" "7'Di,l l'' 1 °).V7 Manning VhAb�pn 1250 ,ii.n;por 1".di7am Washington 9111..1 5 w 1�"Vtrv�,:e 1,509) un°; �� �! 3 - . oz ° un'11�,) u'4.105, as 'µ lii!,itint, i gN�!i�,MJdi irriaiiV,vduP goi, ng,, City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday September 24, 2014 3:30 p.m. - 5:00 p.m. YPC Memherc Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose, Paul Stelzer, Bill Cook, Patricia Byers, Ron Anderson FOR T H uUC11i1°ORD / F1 E, +moi Plannin St°a.F: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Robbie Aaron and Mike McDaniel (Assistant Planner); and Rosalinda Ibarra (Administrative Assistant) Agenda Call to Order II. Roll Call III. Staff Announcements • Introduction - Ron Anderson - Planning Commission Member IV. Audience Participation V. Approval of 2013 Planning Commission Meeting Minutes February 27, 2013; March 13 & 27, 2013; April 10 & 17, 2013; May 16 & 22, 2013; June 12 & 26, 2013; August 7, 14, & 28, 2013; September 4 & 25, 2013; October 9, 21, 23, & 28, 2013; November 13, 2013; December 11, 2013 VI. Discussion on Sign Code Amendments VII. Discussion on Mock Application for Community Gardens VIII. Other Business IX. Adjourn Next Meeting: October 8, 2014 Yi!ddMd FOR THE RECORD / FILE SIGA-IN EE City of Yakima Planning Commission City Hall Council Chambers Wednesday September 24, 2014 Beginning at 3:30 p.m. Meeting PLEASE WRITE LEGIBLY Page 1 09/24/14 YPC Meeting 4 Ibarra Rosalinda° "rom: Davenport, Joan Sent: Thursday, September 11, 2014 10:39 AM To: Peters, Jeff, Smith, Valerie Cc: Ibarra, Rosalinda Subject: memo on signs Attachments: Sign Code Amend mentTransmittal to Planning Commission.docx Follow Up Flag: Follow up Flag Status: Flagged Here is the transmittal memo which was given to the Planning Commission (and Council) on Tuesday, Sept 9th. This should be scheduled for discussion at the next Planning Commission meeting. I think the survey that was discussed was one task that could also be talked about at that meeting, but let's not make that the core part of the initial review. The Planning Commission needs time to dive into the substantive issues and form an approach to the problems/solutions f rst. Joan Davenport, AICP Director of Community Development City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 576-6417 )an.�i�avenppgg akirnawa,gov Memorandum of Transmittal To: Yakima Planning Commission From: Yakima City Council, Mayor of Yakima Tony O'Rourke, City Manager Joan Davenport, Director of Community Development Date: September 9, 2014 Subject: Request for Sign Code Amendment Consideration Summary oL&c The Yakima City Council has identified four key areas of the Sign Code (YMC 15.08) for which they are requesting that the City Planning Commission commence the amendment process: 1. Possible removal of Temporary and Window signs from the broad list of items included in the "Exempt Sign" provisions; Otherwise, the Council thought that the Exempt Sign provisions were appropriate. Possible review of list of other "Exempt: signs to see if they may need to be addressed. Council Comments: Re -name "Exempt" sign section. 2. Amend the requirements for Temporary signs to establish a size limit for temporary signs (32 sq. ft. was suggested). Council Comment: Some concern that we may be over -regulating this area. However, there is interest in further definition of the Temporary signs, such as material update (painted signs was used as example). Amend the requirements for Window Signs to limit the amount of the window that may be covered by a sign (25% was suggested); Council Comment: The Council is not decided on the percentage or method at this point 4. Add a definition and standards for Display Case Signs, such as those used in a movie theater Council Comment: No specific additional direction on this issue Background The City Council Built Environment Committee met on August 21, 2014 to discuss the above mentioned sign code amendments. This list was developed as a result of discussion at previous City Council sessions. At the August 5, 2014 City Council meeting the report on potential sign code revisions was discussed with direction to forward the policy items to the Built Environment for review and comment. The Council discussion focused on the items listed below, which reflect the Council direction and are a modification of the previous suggestions: Council Action: Forward these amendments to the Planning Commission for consideration in the 2014 Code update cycle. RECORD / FILE Sign Code Amendments Packet — September 24, 2014 1. Sign Amendment Agenda/Outline — Topics for Discussion 2. Powerpoint Presentation —Signs 3. Memorandum of Transmittal to Yakima Planning Commission dated 09/09/2014 4. Yakima Municipal Code YMC Chapter 15.08 Signs 5. Memorandum of Transmittal — 2nd Sign Enforcement Emphasis dated 09/19/2014 III .III:" �I..�� �"po. i.��.,.H ��:! InII ECORD / Sign Amendment Agenda/Outline — Topics for Discussion 1. Review definitions of sign, Temporary sign, Wall sign, Window sign, Exempt sign, & Roof sign. 2. Review memo from Council charging Planning Commission with updating various sign sections. 3. Power Point presentation showing examples of different types of signs and associated code compliance issues. 4. Explanation of how a sign is reviewed against the provisions of YMC Ch.15.08. 5. Review and discussion of possible amendments to YMC 15.08.040 Exempt signs. 6. Review and discussion of possible amendments to YMC 15.08.110 Temporary signs. 7. Review and discussion of possible amendments to YMC 15.08.100 Wall signs. 8. Review and discussion of possible amendments to YMC 15.08.090 Roof signs. J�OB, THE / FILE, 10 11 12 13 14 Ln OR "t'H Memorandum of Transmittal To: Yakima Planning Corrin-lission From: Yakima City Council, Mayor of Yakima Tony O'Rourke. City Manager Joan Davenport, Director of Community Development Date: September 9, 2014 Subject: Request for Sign Code Amendment Consideration Sunimary of Re uest The Yakima City Council has identified four key areas of the Sign Code (YMC 15.08) for which they are requesting that the City Planning Commission commence the amendment process: 1. Possible removal of Temporary and Window signs from the broad list of items included in the "Exempt Sign" provisions; Otherwise, the Council thought that the Exempt Sign provisions were appropriate. Possible review of list of other "Exempt: signs to see if they may need to be addressed. Council Comments: Re -name "Exempt" sign section. 2. Amend the requirements for Temporary signs to establish a size limit for temporary signs (32 sq. ft. was suggested). Councill Comment: Some concern that we may be over -regulating this area. However, there is interest in further definition of the Temporary signs, such as material update (painted signs was used as example). 3. Amend the requirements for Window Signs to limit the amount of the window that may be covered by a sign (25% was suggested); Council Comment: The Council is not decided on the percentage or method at this point 4. Add a definition and standards for Display Case Signs, such as those used in a movie theater Council Comment: No specific additional direction on this issue Back 7iound The City Council Built Environment Committee met on August 21, 2014 to discuss the above mentioned sign code amendments. This list was developed as a result of discussion at previous City Council sessions. At the August 5, 2014 City Council sleeting the report on potential sign code revisions was discussed with direction to forward the policy items to the Built Environment for review and comment. The Council discussion focused on the items listed below, which reflect the Council direction and are a modification of the previous suggestions: Council Action: Forward these amendments to the Planning Commission for consideration in the 2014 Code update cycle. Yakima Municipal Code Chapter 15.08 SIGNS Chapter 15.08 SIGNS Sections: 15.08.010 Purpose. 15.08.020 Definitions. 15.08.030 Development permit required. 15.08.040 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. 15.08.110 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. Page 1/14 fi: R THle, F.F,t OR 1) F1L1: 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. 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 lamp 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." Yakima Municipal Code Chapter 15.08 SIGNS Page 2/14 "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light 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. "Multiple -building complex" is a group of structures housing two or more retail, offices, 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 temporary 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 readerboards (also see "temporary sign") 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. "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 or essentially integral part of a normal roof structure of any design. 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. Yakima Municipal Code Chapter 15.08 SIGNS Page 3/14 "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. n1h Sign Foci PMA p LOwers e Figure 8-1 "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 8-2 "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials and portable signs as defined in this section. 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. Yakima Municipal Code Chapter 15.08 SIGNS Page 4/14 "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. (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 sigh requires Type (1) review and approval by the building official. (Ord. 2011-12 § 3, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 33, 1987: Ord. 2947 § 1 (part), 1986). 15.08.040 Exempt signs. Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this chapter are met: 1. Window signs; 2. Point of purchase displays, such as product dispensers; 3. Gravestones; 4. Barber poles; 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. Construction and real estate signs not exceeding thirty-two square feet in sign area; 12. All temporary signs (see YMC 15.08.110) except portable signs; Yakima Municipal Code Chapter 15.08 SIGNS Page 5/14 13. Church, school, and community center name and/or readerboards not exceeding thirty-two square feet in sign area; 14. Canopies and awning signs; 15. On -premises signs not readable from the public right-of-way, i.e., menu boards, etc.; 16. On -premises directional signs; and 17. Official public or court notices issued by a government agency or body or required or provided for under adopted statute. (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). 15.08.050 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; Signs attached to utility, streetlight and traffic -control standard poles; 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. 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. 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. Yakima Municipal Code Chapter 15.08 SIGNS Page 6/14 Table 8-1. Type and Number of Signs Permitted SIGN TYPE ZONING DISTRICTS SR I R-1 I R-2 I R-3 I B-1 HB B-2 SCC LCC CBD GC AS RD M-1] M-2 PERMITTED SIGNS On -Premises Signs Nameplate Permitted as an Accessory Use to an Approved or Existing Use Subdivision Identification/Project Identification' Roof/Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Proj. I.D_ Only 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 of this chapter shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Projecting Not Permitted Freeway See YMC 15.08.150 Off -Premises Signs Directional Not Permitted Class (2) Use Not Permitted Class (2) Use Class (1) Use Advertising Billboards NUMBER OF SIGNS PERMITTED On -Premises Signs Nameplate I Per Dwelling I Per Street Frontage I Per Street Frontage Freestanding' Projecting Not Permitted Wall/Roof/Portable Signs Wall: YMC 15.08.100/Roof. YMC 15.08.090fremporary: YMC 15.08.110 Freeway Freeway: See YMC 15.08.150 Off -Premises Sims Directional I Directional: See YMC 15,08120(B) I A Yakima Municipal Code Chapter 15.08 SIGNS SIGN TYPE Advertising Billboards Page 7/14 ZONING DISTRICTS SR R-1 LR -2] R-3 I B-1 I HB B-2 I SCC I LCC I CBD I GC I AS I RD I M-1 I M-2 r Permitted I 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 SR, R-1, R-2, and R-3 Nameplates up to 2 sq- ft. and subdivision/project identification up to 32 sq ft NOT PERMITTED HB and B -I 24 sq- ft 40 sq ft - B -2 40 sq ft- 60 sq, ft SCC Frontage is I sq- ft of sign area per 1-1/2 sq, ft, of sign area per less than 400 lineal ft of frontage up to lineal ft of frontage up to ft- long 100 sq ft- 150 sq. ft Frontage is I sq, ft. of sign area per 1-1/2 sq- ft, of sign area per more than 400 ft- long lineal ft- of frontage up to 150 sq ft- lineal ft, of frontage up to 200 sq ft SIZE OF WALL TO WHICH ATTACHED WHERE PERMITTED: UP TO 300 SQUARE FOOT LCC Frontage is I sq. ft- of sign area per 1-1/2 sq. ft, of sign area per less than 400 lineal ft, of frontage up to lineal ft- of frontage up to ft long 150 sq. ft- 200 sq, ft Frontage is I sq ft, of sign area per 1-1/2 sq. ft, ofsign area per more than lineal ft of frontage up to lineal ft of frontage up to 400 ft, long 200 sq, ft- 250 sq- ft_ CBD 1 sq. ft, of sign area per lineal ft. of frontage up to 150 sq Yakima Municipal Code Chapter 15.08 SIGNS Page 8/14 Freestanding and Projecting Signs GC Frontage is I sq. ft. of sign area per 11-1/2 sq ft of sign area per less than 400 lineal ft of frontage up to lineal ft of frontage up to ft. long 150 sq, ft, 200 sq. ft. Frontageis I sq. ft. of sign area per 1-1/2 sq ft. of sign area per more than lineal ft. of frontage up to lineal ft. of frontage up to 400 ft. long 200 sq ft 250 sq- ft. ASFrontage is I sq ft, of sign area per 1-1/2 sq. ft. of sign area per less than 400 lineal ft of frontage up to lineal ft. of frontage up to ft- long 150 sq. ft. 200 sq. ft. Frontageis I sq, ft. of sign area per 1-1/2 sq. ft, of sign area per more than lineal ft of frontage up to lineal ft of frontage up to 400 ft long 200 sq- ft. 250 sq. ft. RD Frontage is I sq- ft. of sign area per 1-1/2 sq. ft of sign area per less than 400 lineal ft of frontage up to lineal ft- of frontage up to ft. long 150 sq. ft. 200 sq. ft. Frontage is I sq. ft. of sign area per 1-1/2 sq, ft. ofsign area per more than lineal ft- of frontage up to lineal ft of frontage up to 400 ft. long 200 sq. ft. 250 sq ft. M-1 1 sq, ft- of sign area per 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 100 sq. ft lineal ft. of frontage up to 150 sq, ft. M-2 MAXITvIUM AREA PER SIGN = 2 TEVEST BE MAXWUM AREA PER SIGN FACE Yakima Municipal Code Chapter 15.08 SIGNS Table 8-3. Sign Height and Setbacks Page 9/14 ZONING DISTRICTS SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBDGC AS RD M-1 M-2 SIGN STANDARDS NIAXUVUJM SIGN HEIGHT Freestanding' Sign is set 5 ft. 10 ft- 15 ft. 30 ft. 30 ft 30 ft. 30 ft. back15 feet or less from required right-of-way Sign is set 10 ft, 15 ft. 20 ft 35 ft 40 ft. 30 ft. 40 ft back more than 15 feet from required right-of-way Projecting Not permitted' See YMC 15.08 080 Wall Top of wall to which attached 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: I YMC 15.08140 has special freestanding sign provisions for multiple -building complexes and multiple -tenant buildings. 2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall. (See Table 8-2.) Yakima Municipal Code Page 10/14 Chapter 15.08 SIGNS 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 exempt 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. 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. 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 line. (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 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. Yakima Municipal Code Chapter 15.08 SIGNS Page 11/14 2. Roof signs must not exceed the maximum allowable height of the building within the district in which it is located. 3. All roof signs shall be installed or erected in such a manner that there is no visible support structure. (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. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 38, 1993: Ord. 2947 § 1 (part), 1986). 15.08.110 Temporary signs. All temporary signs shall conform to the following: 1. No temporary sign shall be displayed for more than thirty days at any one time nor more than ninety days during a calendar year. Only one temporary sign on each street frontage per parcel or lot is permitted. No temporary sign shall be placed in a required parking space, driveway, or clearview triangle. 4. No temporary sign may be placed in the public right-of-way or an easement unless specifically permitted by the city/county. 5. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. 6. No temporary sign shall be displayed more than fifteen days after the event for which it is intended. (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(B); 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; The off -premises signs are permanently installed on private property; 4. Only one off -premises sign is permitted on a parcel. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Yakima Municipal Code Page 12/14 Chapter 15.08 SIGNS 15.08.130 Off -premises signs and billboards. A. Billboards are: 1. Class (1) uses in the M-1 and M-2 districts; and 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; 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; 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: Class (1) uses in the M-1 and M-2 districts; 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. 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 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. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Yakima Municipal Code Chapter 15.08 SIGNS Page 13/14 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 1 st 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. 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. 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; 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 Yakima Municipal Code Chapter 15.08 SIGNS Page 14/14 15.10.030. (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. 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. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). :IIF10 IA" .I III IE RECORD /H I Y Memorandum .ns it' l 2nd i n Enforcement Emphasis September 19, 201 A staff meeting with Planning and Code Enforcement was held on September 15, 2014 to establish the guidelines for the 2nd round of sign code enforcement emphasis sweep. This emphasis effort implements a City Council priority related to improving the built environment of the city including the appearance of the community, reduction of visual clutter and driver distractions. The purpose of this memo is to provide guidelines for consistent enforcement. Provisions of the existing sign code are currently under consideration by the City Planning Commission for ordinance modification. Therefore, these guidelines are considered interim in nature. Meeting attendees: Joe, Glenn, Ben, Linda, Jodi, Kelli, Tammy, Valerie, Robbie, Mike M., Joan Guidelines for this enforcement effort: 1. Enforce the sign code as adopted in YMC 15.08 2. Focus effort on elimination of illegal temporary free-standing signs along the street right of way; All commercial areas will be reviewed, not limited to the first eleven corridors. 3. Signs mounted to fences are not exempt signs and will be treated as a free-standing temporary sign; 4. Each parcel is allowed one temporary sign per street frontage. The signs must be displayed on the individual street frontage and may not be grouped on a single street frontage; S. Roof signs are not exempt signs. A permanent roof sign must conform to YMC 15.08.090 and requires a permit. A temporary roof sign is generally not allowed. 6. Wall signs are NOT exempt signs but subject to the requirements of YMC 15.08.100. • The number of permanent wall signs is not regulated. All permanent wall signs require a permit. • If a temporary sign is placed on the wall, it is subject to the requirements of all other temporary signs, as specified in YMC 15.08.110 which states ONE per street frontage; maximum length of display 30 days at a time; etc • Display cases (like at movie theaters) are considered wall signs. The display case needs a permit, but replacement of the poster does not require a permit. • A wall sign may be painted directly onto the building. Painted signs on the wall do not require a permit. 7. Window Signs are exempt from permits and fees. Although they are defined, the Code has no other standards or requirements for the number or size of window signs. If a window sign is dilapidated or creates a safety hazard, such as obstructing a door, the sign could be modified or removed. 8. Free-standing temporary signs or sandwich boards may not be in the street right of way unless they have a permit. 9. Signs attached to fences are NOT wall signs. They are generally temporary signs and subject to the limitations of one per street frontage. 1101 IlME " , 1M(JA"ITT'D; IIEI, 'Pil,JJ,'N ' EI' J ' 'iWL,'" 7' G�."I'�i.�p�k���m����4�'sw �� �'d.h"rc���k����"k�'Nk"d�4`�fl' �" ���'�°�.9mml'i'X710'p�'�9'��I'R�fa�ad�M�'d°d766}�'�,�'"r"^�1°F'"u'�`�"�'��'6�,^a'��➢a�pM��M'�'��k��;�r MEMORANDUM TO: Planning Commission FROM: Planning Division Staff SUBJECT: Continued discussion—proposed Text Amendment TXT #003-14 Date: September 24, 2014 Background Proposals for text amendments to the Yakima Urban Area Zoning Ordinance (YUAZO) follow the City's established process for Comprehensive Plan Amendments (CPA) per YMC § 15.23 and YMC Title 16. The 2014 CPA cycle, beginning in January, included an open application submittal process through the end of April, and resulted in the Planning Commission's docketing of one text amendment for review and approval (File No. TXT #003-14). Proposal Text Amendment, TXT #003-14, submitted by Restoration Church, is a proposal to add Community Gardens as an allowed use in the YMC Title 15, chapter of Permitted Land Uses and Table 4-1. In May of 2014, the Planning Division Staff conducted a preliminary review of the proposed text amendment. The preliminary review outlined how the Community Garden proposal would be included in the YUAZO, and suggestions on regulations and provision to render Community Gardens compatible with the other codes and provisions of YMC. The Planning Division brought their preliminary review to the Planning Commission on June 11, 2014, to establish a baseline for open discussion and a place to move forward from. The Planning Division also brought their preliminary review to the City Council's Built Environment Committee on June 19, 2014. The Built Environment Committee commented on their interest in this proposal overall, and plan to follow the open discussion regarding this proposal. On July 9, 2014 a draft document, including a summary of the June 201h and June 23rd meetings between the Planning Division Staff and the applicants, provided multiple options for inclusion of Community Gardens into the YUAZO, and various levels of review based on the size of planting areas. akfi�na M." I"ode Administral'ionf501!�Q 575-6126 Ph�mr M,g P501'0575..618? Offie:a. �u�'1�'�^��r����oaar°������aa�d �h� �':���,u^�^/����A�sw��r�r� '��r�w°n���r� fJOQ575-001 The Planning Commission has scheduled time at today's study session for a review of the supplemental "mock MOU", prepared by the applicant and reviewed by the Planning Division, for a better understanding of how the Community Gardens Ordinance will be properly implemented if adopted. The attached Community Gardens ordinance and mock MOU are before the Planning Commission for consideration. Public Hearing on Text Amendment File NO. TXT #003-14 is scheduled for the Planning Commission's October Stn meeting. 2 FORTHE EA70R.l / RILR IIRAFT ORDINANCE NO. 2014 - AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending and establishing the following sections of Title 15 of the City of Yakima Municipal Code: WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and development in the City of Yakima; and WHEREAS, On May 14, 2014 the Planning Commission of the City of Yakima Docketed the proposed 2014 Comprehensive Plan map amendments (CPAs) and proposed Yakima Urban Area Zoning Ordinance (UAZO) text amendments; and WHEREAS, one UAZO Text Amendment for the inclusion of Community Gardens to Title 15 permitted land uses, and Table 4-1; and WHEREAS, the City Planning Division staff conducted four study sessions with the Planning Commission and one study session with the City Council's Built Environment Committee regarding the proposed UAZO Text Amendment, including but not limited to, May 28, 2014, June 11, 2014, June 19, 2014, June 25, 2014, and July 9, 2014; and WHEREAS, the Planning Commission held an open record public hearing on , 2014, pursuant to notice, and received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined and recommended that the City Council approve the Text Amendment as presented (or with the following changes); and WHEREAS, the City Council, having received the findings, conclusions and recommendation of the Planning Commission, together with the record herein, and having received and considered all evidence, testimony and comment presented at a public hearing conducted , 2014 pursuant to notice duly published, hereby finds and concludes: (a) The Findings of Fact, Conclusions of Law and Recommendation of the Planning Commission, dated 2014, are hereby received and adopted by this reference as the Findings of Fact and Conclusions of Law of the City Council; (b) All procedural provisions of the Yakima Municipal Code pertaining to amendment of Title 15 YMC have been met and satisfied; and Draft PC Review— 7/9/2014 —v.s. WHEREAS, the City Council finds and determines that such Chapter 15.04 YMC should be amended to add new provisions regulating Community Gardens within the City of Yakima; and WHEREAS, the City Council finds and determines that YMC 15.04 should be amended as shown and set forth in Exhibit 1-A" attached hereto and by this reference incorporated herein, and that Table 4-1 set forth in YMC 15.04.030 should be repealed and new Table 4-1 adopted as set forth in Exhibit 1-13" attached hereto and by this reference incorporated herein; and that such amendments are in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.02 Definitions of the City of Yakima Municipal Code is hereby amended to add a definition for community gardens which shall read as follows: "Community Garden" means: • Privately or publicly owned land that is used by multiple users who may or may not have ownership of the property; • May be divided into separate plots, for the cultivation of fruits, vegetables, plants, flowers, or herbs; • Common areas associated with the garden are maintained by group members. • The produce or goods grown on site are not for commercial sale; • 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; • A community garden is separate from the use of "Agriculture*" as defined and regulated under YMC § 15.02 and 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 • 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. Section 2. Section 15.04 Permitted Land Uses, Table 4-1 of the City of Yakima Municipal Code is hereby amended to add the following land use categories and levels of review under the category of Community Services: Draft PC Review— 7/9/2014 —v.s. 2 ..,,,._ Commune ty Services ........ _ ..... ....... . Zoning District SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC A GC CB R M- M- S D D 1 2 Community Gardens 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (accessory to an approved principal) use). * (See YMC 15.04.060 (G)) Community Gardens (with 1 1 1 1 1 1 1 1 1 1 1 1 planting area of .25 acres or less). * Community Gardens (with 2 2 2 2 2 2 2 2 2 1 2 2 planting area of more than .25 acres and up to .5 acres).* Community Gardens (with 2 2 2 2' 2 2 2 2 2 2 2 2 planting area of more than .5 acres up to 1 acre).* Section 3. Section 15.04.060 Accessory uses of the City of Yakima Municipal Code is hereby amended to read as follows: 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. Section 4. Section 15.09.120 Community Garden Development Standards of the City of Yakima Municipal Code is hereby established to read as follows: 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 Draft PC Review-- 7/9/2014 --v.s. 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 un -mitigated negative environmental impacts. B. Review Process. Community Gardens shall follow either the Type (1) or Type (2) Review processes as specified by YMC § 15.13, 15.14, and 15.04 Table 4-1 Permitted Land Uses. C. Additional Type (1) & (2) Review submittal requirements for Community Gardens. Applications for Community Gardens shall include, but is 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 § 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 run-off 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 Stalls: The total number of required parking stall for each type of Community Garden shall be as follows: a) Community Gardens (accessory to an approved principal use) — None (0) b) Community Gardens (with planting area of .25 acres or less) — None (0) c) Community Gardens (with planting area of more than .25 acres and up to .5 acres) - Two (2) spaces/stalls Draft PC Review— 7/9/2014 —v.s. d) Community Gardens (with planting area of more than .5 acres up to one acre) - Four (4) spaces/stalls 2. Surfacing: Required parking for Community Gardens shall consist of an unpaved surface of compacted gravel. 3. Dimensions: The area of each parking stall shall be no smaller than 9ft. X 19 ft. in size. 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. Contrary to the provisions of YMC 15.10, the total number of parking stall for Community Gardens may be Administratively Adjusted under the provisions of YMC § 15.10, as the parking standards for Community Gardens are codified under both the provisions of YMC § 15.08 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 120 sq. ft. or less are permitted in accordance with YMC § 15.05.020 (E) (2). b) Community Gardens (with planting area of .25 acres up to one acre): a. — Accessory structures 120 sq. ft. or less are permitted in accordance with YMC § 15.05.020 (E) (2); and b. — Accessory structures larger than 120 sq. ft. are permitted in accordance with YMC § 15.05.020 (E) (1) and building permit issuance. Section 5. Section 15.06 Table 6-1. Table of Off -Street Parking Standards of the City of Yakima Municipal Code is hereby amended to incorporate parking standards for Community Gardens under the Land Use Category of Community Services as identified below: COMMUNITY SERVICES Churches, synagogues, temples, and 1 space for each 3 fixed seats (or 54" of bench -type funeral homes seating) 1 space for each 40 sq. ft. of general reception/gathering area Community Gardens (accessory to an None approved principal use). * (See YMC § 15.04.060 (G)).. Community Gardens (with planting area None Draft PC Review— 7/9/2014 —v.s. 5 of .25 acres or less). . . . . . ...... Community Gardens (with planting area Two (2) spaces of more than .25 acres and up to .5 �acres).* . .............. Community Gardens (with planting area Four(4)spaces of more than .5 acres up to one acre).* Convalescent, nursing and group homes 11 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 13 spaces for each classroom, or 1 space for each 3 seats (54" bench-type seating) in the assembly area, whichever is greater Junior, Senior Same as Primary/Elementary and 1 space for each 4 students over 16 years old Junior or community colleges 1 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 PASSED BY THE CITY COUNCIL signed and approved this _day of October, 2014. Micah Cawley, Mayor ATTEST: Draft PC Review— 7/9/2014 —v.s. City Clerk Publication Date: Effective Date: Draft PC Review— 7/9/2014 —v.s, ltll (,'0111[) / MIX SAMPLE Memorandum of Understanding Between ABC Sponsor and the City of Yakima WHEREAS, ABC Sponsor seeks to provide community garden plots for the purposes of creating a source of healthy, low-cost food, providing education on gardening and urban ecology, creating recreation, and building community among neighbors; and WHEREAS, the City of Yakima wa=�N ,nr �n nrrn�t)w w wpeNdewed the al"�Jlhc_���i��u� ([-jk"..Nq�� �..,��r�an��n4i� ��N..i)y n " In n w r uiiiru n the YakiN;nan:banArea �"�<�n ui .g.Qi &rna nc e and othef`.aff 12diigjb. d��;tffiniin „��,,,the use of location is. ,N1i1�G�ye ���P'Ie��a�w�"M Iifle 15 a' a iy���� Ll �Lse_forthe purpose of .. _ .._..�. .0 ,_ developing a community garden,,wa�t tion, x within the . Zoning gistdd; and WHEREAS, ABC Sponsor wishes to act as the agent for the community garden, and administer the day- to-day operation of the garden (accept applications, assign plots, accept payment for plots, host educational meetings, create recreational and social opportunities, oversee operations in accordance with this Memorandum of Understanding, etc.); and WHEREAS, the City of Yakima recognizes ABC Sponsor as the agent for the community garden; now, therefore, the parties agree: The garden site is to be operated at (address), in accordance with a Right of Operating/Use Agreement between the property owner and ABC Sponsor. This agreement is attached, and made part of this understanding. 2. The layout of the garden plots is shown on the attached site plan, along with positioning of the tool/storage shed, rest area, play area and supporting structures. 3. The garden will operate between the hours of 6am and 10pm daily; however, ABC sponsor may limit hours within this timeframe. 4. The garden will be divided into separate plots for the cultivation of fruits, vegetables, plants, flowers, or herbs. Marijuana will not be grown in the garden. 5. A set of rules will be developed between ABC Sponsor and the gardeners, which establish operational procedures. The rules will cover hours of operation, assignment and cost of plots, plot maintenance, garden site maintenance, irrigation procedures, basic cultural practices, end- of—season cleanup, conduct, and enforcement. 6. Any garden food items produced will be for personal and family consumption, or be donated to charitable organizations. None will be sold commercially. 7. Herbicides, pesticides and fungicides will not be permitted in the garden. Chemical and organic fertilizers may be used in accordance with label instructions and generally accepted horticultural practices. Any fertilizers stored on the site will be in a locked container/storage shed. 8. Garden plant material may be composted, or rernoved weekly from the site. Con1post piles will be located at least 20 feet from adjacent properties and will be managed to mitigate odors ntain control of the degrading (reduce excess moisturey provide adequate porosity, mai substrate, and/or limit pile size). d removed from the site at least 9. Waste material will be placed in a covered container, an monthly,through a metered 10. irrigation water is [�t-O-�J�LOA ��-Y er to provide flexibility supply line. irrigation will be accomplished through a drip system in ord and avoid water run-off. construction of garden structures. Such tools 11. SI-nall power tools may be used for cultivation and cons t disturb neighbors� will be used only between the hours ore ansprn in an effort to no Spring startup and fall shutdown may require tip le temporary use of a tractor, which will also operate during the same hours, the garden will be winterized. All plant material 12, At the end of the growing/harvesting season, es drained. The site will be (except compost piles), fertilizer, trash will be removed, and water lin left in a condition that does not detract from the neighborhood. This agreement is in effect for a period of at least one year and, thereafter, is effective until cane ledbether party. Cancellation of the agreement will not occur during the regular garden enwill accomplished upon go written notice of one party to the other. 4567 or email ABC sponsor is located at 1234 Main Street, Yakima WAY and can be reached at (509) 123 - at johndoe@abcspoiisor.com. The person responsible for garden operations will be John Igoe. Agreed to by the parties on this _day of ------ 2014 ABC Sponsor By John Doe, Manager City of Yakima