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HomeMy WebLinkAbout08-26-15 YPC PacketCOMMUNITY DE VELOPMNTL1EPARTMENT loan Davenport, A.1C.P, Director Planninig, Division 129 North Second Street, 2nd Hoor Yakiina, Washington 98901 Phone ('509) 575-6183 - rax (509) 575-6105 City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday August 26, 2015 3:30 p.m. - 5:00 p.m. YPC Members: Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose, Bill Cook, Patricia Byers, Ron Anderson, Carmen Mendez WWi": 811111 /FlILE Cit 9llannin. Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Robbie Aaron and Trevor Martin (Assistant Planners); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. FOLLOW UP STUDY SESSION: 2015 Text Amendments VI. Other Business VII. Adjourn Next Meeting: September 9, 2015 Fav 0 SIGN—IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday August 26, 2015 Beginning at 3:30 p.m. Public Hearing Page 1 08/26/2015 YPC Hearing August 25, 2015 Mr. Jeff Peters, Planning Manager City of Yakima — Planning Dept. 129 North Second Street Yakima, Washington 98901 RE: CPA#005-15, RZ#005-15 — TM Rentals Dear Mr. Peters: VI^'0 r l' RVl±;�;;Okl) C 1;,Il.,VE, CI' YIA CEDE AMN, DiVP 1O AUS 2 62015 UEC' VD PAID 0 This letter is a request to revise the above referenced Comprehensive Plan Future Land Use and Rezone application. Based on written comments received during the application comment period and comments from neighbors and members of the Yakima City Planning Commission during the application study session, the property owner would like to voluntarily revise the application and provide a buffer between the proposed land use changes and the neighboring properties to the north. The property owner believes, after careful consideration of the comments, that a buffer would promote compatibility with neighboring properties to the north. The property owner would like to revise the application so that the north 100 feet of the Parcel Numbers 181327-43492, 43493 & 43494, as they about West Logan Avenue, would not be part of the current application. In essence, a 100 -foot buffer of property designated as Low-density Residential and zoned Single-family Residential would be retained, as it is presently designated and zoned. This revision is proposed to be accomplished by requesting that the Planning Commission "Conditionally" approve the revised application (as a non -project application), subject to the understanding that a boundary line adjustment would need to occur to separate the 100 -foot buffer from the balance of the property. Additionally, some buildings will need to be removed from the property to accommodate the proposed boundary line adjustment. The timing of the building removal to accomplish the boundary line adjustment can be discussed with staff/Planning Commission, as to the timing of their removal. Attached are a revised "Proposed Future Land Use Map" and "Proposed Zoning Map" which show the requested revision to the application. Also, attached is a legal description of the property that is proposed to be changed from Low-density Residential to Professional Office and rezoned from Single-family Residential to Professional Business. If you have any questions, please contact Bill Hordan of Hordan Planning Services at 249-1919. Sincerely, Trent Mar 1. rM tals LOTS 1 AND 2 OF SHORT PLAT RECORDED IN BOOK 96, PAGE 81, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT THE NORTH 100 FEET, TOGETHER WITH THE WEST 165 FEET OF TRACT 13, THE PLAT OF PADDACK GARDEN LOTS RECORDED IN VOLUME "A" OF PLATS, PAGE 56, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT THE NORTH 100 FEET, AND EXCEPT THE WEST 50 FEET OF THE SOUTH 332.5 FEET, AND EXCEPT THAT PART LYING SOUTH OF WIDE HOLLOW CREEK, AND EXCEPT COUNTY ROAD RIGHT-OF-WAY ON WEST 15000.Hordan,082415.legels,wpd ■. �...... O O� YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES Proposed Future Land Use Marquis ONSubject Properties City of Yakima Future Land Use Low Density Residential Medium Density Residential High Density Residential Professional Office Regional Commercial Neighborhood Commercial Large Convenience Center General Commercial CBD Core Commercial Industrial Parcels All Roads Parcel Lot lines are for visual display only. Do not use for legal purposes. 1 inch = 300 feet Feet 0 50 100 200 300 400 N - Copyn ht (C) 2014 Yakima County This map w •ed from several dalabases. The County ca apt responsibility For any emors. Therefore, a no warranties for this product. ORDINANCE NO. 2015 - AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 and 16 of the City of Yakima Municipal Code: 15.02.020. WHEREAS, the Planning Commission of the City of Yakima has considered certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and development in the City of Yakima; and WHEREAS, the Planning Commission has hel , ' h- open record public hearing on September , 2015, pursuant to notice, and has receisd and considered all evidence and testimony presented; and WHEREAS, the Planning Commissio;�onducted-sUch public hearing, found, determined and recommended that the City G, ri` approve such at ,r ents; and WHEREAS, the City Council has held a pursuant to notice, to consider ah ame Commission; and WHEREAS, the City Council of',fhe Ch and the recommendation from the Pl i nJpg approval of such amend)," is j ,in the bdsf,jr promote the general,haltl%, safet;;and welfa BE IT ORDAINED BY THE -CITY OF YAKIMA: to read' follows: 15.02.020 /D,efinitions. aring on Ndvomber , 2015, ommended ; the Planning akima,'h Virg, considered the record herein tion, herby finds and determines that �,",,J to idents the City of Yakima and will bre f,, Yakima Municipal Code is hereby amended For the purpose of this title, certain' abbreviations, terms, phrases, words and their derivatives shill bconstrue s specified herein unless the context requires a different meaning. Where t6ftns are t °defined, they shall have the ordinary accepted meaning within the context v�4 which; they are used. Where an activity or land use could fall under two definitions, the M',, -`bre specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition. "Access driveway" means an entrance roadway from a street or alley to a parking facility. "Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses. 1 "Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of YMC 15.09.045 which is attached to a single-family home, or detached garage with living facilities for one individual or family separate from the primary single- family. "Accessory use" means a use that is subordinate and incidental to a principal use. "Administrative official" means the duly appointed Yakima County planning official or the city of Yakima director of community and economic development, whichever is appropriate, or their designee. Adult Day Care Center. See "day care facility." "Adult Family Home" means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care,,room, and board to more than one but not more than six adults who are not related,y," lood or marriage to the person or persons providing the services (RCW 70.128.175, ; "Agricultural building" means a structure defied and onstructed to store farm implements or hay, grain, poultry, liivestcpk'" Iruit and 6t1hpr agricultural products. Controlled atmosphere and cold storage ,,e ouses are no; agricultural buildings. An agricultural building shall not be used for human habitation; for otbces ing, treating or packaging agricultural products; nor shall it J6,,place used by the 'ublic "Agricultural market" means a,, use primarlty er Oed in the retell ,sale of fresh agricultural products, grown either o 4r off site.icultural market iay include, as incidental and accessory to the principal use, the sale f factory -sealed or prepackaged food products such as boxes of a ,'I ot,".",'other fruit d'! d some limited nonfood items, and these products shah consist of+ore h nrforty pelcpnt of the gross floor area. This definition does npt of p the sale Irvesf "Agricultural prod6t t ulapo '" ;means in ; ! nes that provides a product or service intended for use 't ie proce8, storae;>fpreservat%er ` or distribution of agricultural commodities. This definition does not "4nplude agricultural processing, storage, "Agric r,, Olt , find i tr "' neap aecr.f�c %ty: 1. `"�ekaging pints" ma y"include, luf ire not limited to, the following activities: wash 66,,sorting, crating and other functional operations such as drying, field crushing, or other w + p, ration in which the ch tical and physical composition of the agricultural product rem ms essentially ; naltered. This definition does not include processing activities, slau4 terhouses, an,i tal reduction yards, or tallow works; 2. "Processing plants" may include, but are not limited to, those activities which involve the fermentation or etker substantial chemical and physical alteration of the agricultural product.i"hrsflnition does not include slaughterhouses or rendering plants; and 3. "Storage facilities" include those activities that involve the warehousing of processed and/or packaged agricultural products. "Agricultural stand" means a structure up to one thousand square feet in area used for http://www.yakimawa.gov/the retail sale of agricultural products grown on the premises, excluding livestock raised on the premises. "Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4-1, YMC 15.04.030.) Fil "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 ramp, arad 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 t uen y feef r less in width which has been dedicated to the city of Yakima or YakimaCounty fob public use. Alleys provide only a secondary means of access to abutti`,rope rty, "Amendment" means a change in the ring, content, or substance of this title, or change in the district boundaries on the offiraj,zoning rr�ap. "Amusement park" means a permanent ince r a lPar outdoor facility, which may include structures and buildings, re there bre v icious devices for "entertainment, including rides, booths for the cohdd t of games or the sale of items, and buildings for shows and entertainment. r, "Animal clinic/hospital" means a stfpctur'e u l for veteripary care of sick or injured animals. The boarding of %mals is liiiifed to suott facet r and is accessory to the principal use. This-d fihition does not incl a l noels, % , "Animal husband�° means fir raising,., f omesticat farm animals when, in the case of dairy cows, beef .cattle„ uorses, ponies, mules, llamas, goats and sheep, their primary sovrq of fbod, ' t ueftba wring the winter months, is from grazing in the pasture vrlaeyr kept h, examihbrxs decision, d(A6 inatidh', order or official interpretation of any provision of this title. "Applicant'` `means a pers On submr h ing an application for any permit or approval required by this,;ti le and w 6"Js the owner of the subject property or the authorized agent of the "Application for evelopment" means the application form and all accompanying documents and exhibits1ired by this title or the administrative official. "Arterial" means a grin ipal or minor arterial, as shown in the Yakima urban area transportation plan adopted in the Yakima urban area comprehensive plan. "Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling/floor(s). "Auction house" means a structure or enclosure where goods and/or livestock are sold by auction. Automobile Service Station. See "Service station." 3 "Automobile, truck, manufactured home and/or travel trailer sales" means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers. "Automotive wrecking or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or machinery. "Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guest rooms. "Beverage industries" means the production, processg, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks. Bingo Parlor. See "Game room." "Boardinghouse" means an establishment pro, ing',h�'th lodging and meals for not more than ten persons residing in the facility on rmar r wr semi-permanent basis. Building. See "Structure." "Building area" means the three-dimehiaral space witch ;which a structure is permitted to be built on a lot and which i setbacks and building coverage. "Building code" means the buil inu by Yakima County/city of Yakim` r "Building height" is the verticaG highest point of the coping of a flafr average height of the highest gable shall be selected by efth0f,,11f the folly 1. The elevation the higl a five-foot horizontal "distance' finished ground surfae,not rni 2. An elevation ten f`Ot hi sidewall riiiihe grown sE than tori feet above "16lest fini§h The hejgbt of a steppea ar tern A .. N,re MMXUW'4d the building. 9 e code by maximum P*Ixtlii'D� regulations, yard and adopted above a f6ference datum measured to the the deck,",'41ine of a mansard roof or to the ie "or hipped hoof. The reference datum ,he ,,yields 6i reater height of building: i & aak`,'of finished ground surface within all of the wilding when such sidewalk or at above lowest finished grade; toaest finished grade when the highest ire subsection 1 of this definition is more Figure 2-1.) is the maximum height of any segment of 0, st adjoliig; the exterio re than tei� ter th,an the ice dire grade. �p,pd building 4 WtkX 1I Determination of Building Height in Feet Figure 2-1 4 "Building official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. "Business school" means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising. "Butcher shop" means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers. "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such , ered' cooking areas, group facilities, and travel trailer or tent sites design , or temporary occupancy. This definition includes camping clubs when deve lopeJO',, ``,accordance with applicable state standards. "Car wash" means a business engaged irp a-h�ing, waxing an polishing cars and small trucks. This definition includes self e rice car washes, ttomated car washes, manned car washes and auto detailing Card Room. See "Game room." r "Caretaker dwelling" means a sipgle-family tilrrart accessory t q agricultural, professional, commercial, or industr`r I,,yse for oc U ,,apty by the owner/caretaker. "Center line of right-of-way" means:,, thy midpoint rtr+een the future alignment of the opposite edges of the right-of-way. "Certificate of zoning_review" mens thaf certificateued by the appropriate administrative officio tEr g that thePr propose dye f,�he W. ure or land conforms to the provisions of tirf6. "Change of use"' pansa ch gle from 6 0'O e listed un'``able 4-1, Table of Permitted Land Uses, to another lister rn that tabic "Chicken tr ,p c ►"' rhea � a �" ve , e chicken scoop lacking a floor, and may house other kinds bf oulty, "Chiidr it;s ` uid r,, lite , 40o� Cep to��,� n e s wi outdoor facifitv wNdh offers 616 andld-r ir6lu air ac.t vofld6;4or chis en whch does not oo rate het eeirn the IIiouirs o� "Church" rns,,a strucctur;%r group of structures, which by design and construction are primarily users f6r organizereligious services and instruction. "City" means theity "Class (1) uses" are fh'`uses set forth and defined in the text and tables of YMC Chapter 15.04 and are 'nsidered compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. 5 "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) may be permitted by the hearing examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. "Class (1), (2) or (3) use, approved" means any use or,;development approved upon completion of Type (1), (2) or (3) review. "Class (1), (2) or (3) use or development, existNh,,,",`means a use or development legally existing or legally established prior to the #etaVeAte of this title that has been or would be classified under YMC Chapter 15,0 � s a )ass (1), (2) or (3) use in a particular district, even though the use has n6t ben through Type (1), (2) or (3) review, and may or may not conform to the stand eMs ' of this title, Thi definition includes any existing Class (1), (2), or (3) use with ao 'approved modification p,der YMC Chapter 15.17. ' "lean ound sollh er to Jlit7" i-n�^� s ,om,n*`Pe, 0 ",ness ���°ovi th `p d1 0lllllluiin oiir t �uliillldiiur�q I'oi �. � o�� llf r �iuor� h7 re sb # k.-*holU �� � " urs ��1 users, � � F �o� �i lii�r re-entry uiinto the cornirnuur Ry. 'Phe rmllleain Q rdVftsµ resideunUi4l1l oirliieinted fw-;llii1es for the rehabs litabon or, sooia111 ���di�� � �°�� rpt , f �orso��� %'moo rMly need sw.wlp rvisioon or assstaiince iirii Ilbecorninp socia.117 ireoir,41 tod„ do n qod iunstJtt&t or4care(Also "Clinic" means the th, - amici tipn and treatment of human patients, but without rovision t `<,keeping s ,p ' atients'8ernight on the premises. "Closed record apOe , means an admi6strative appeal, held under RCW 36.70B, that is on the record to'a �dG1�clf body' � officer (including the legislative body) following",, JJ ,o o record h arj on o" fpject r emit application with no or limited new p �, pP evidence Sr informati rr llowe be sub t d and only appeal arguments allowed. ft/espresso drive 11 rou ,facility" is a place used to sell coffee and associated items frorir give -up wind 6"W to a 00tr'po,n driving a vehicle. "Coffee/esptp�so stand"r talace -dsed to sell coffee and associated items from a bar or counter area commonly )pside a building and/or structure. "Commercial serfpes'' mep technical services and specialized care services such as lawn and garden"re dIelivery services, except as otherwise regulated. "Communication tower" ,'means any tower, pole, mast, whip, or antenna, or any combination thereof, use 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: C1 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 %" ','agriculture" as defined and regulated under YMC Chapter 15.02 and YMC 15. kf 3 6' Table 4-1, and is different than a privately maintained garden that is associate, a principal use and regulated in accordance with YMC 15.04.060(A); and 7. Structures and buildings associated with ` `ommIpity garden are considered "accessory uses" to a principal use, and shall amply withprovisions of YMC Title 15, and the International Fire and Build ingOes. Community Water System. See "Water s9trem, public " "Compatibility" means the characteristics of; different, uses or eyelopments that permit them to be located near each other in 66imon 'kh or with out`ispial mitigation measures. "Comprehensive plan" means tie ` ern, urian aha comprehensive plan and any supplemental plans officially adopted Lunde CW Cher, 36.70, for the Yakima urban area or any portion thereof, "Concentrated areal ;feeding operation'" 11perM a �tiacture or pens for the concentrated feed] � err holdtpg of anury^ual' or ``pou�u t�; including, but not limited to, � horses, cattle, sh por swig This d 0 itlon includes dairy confinement areas, slaughterhouses, shipOJ'htern p�, al holding -'pe s, poultry and/or egg production facilities and fur farms,, bqt does h'OtJnclreal his aandry. "Condi fi df pproa'� 'tnearu jreauctpis or requirements imposed by an admune r (ive officiel O suant for authority", r ted by this title. Cons'Mrg Services �f Sea "Prional business.' "Conve cent or nursih borne"° deans an establishment providing nursing, dietary and other pets'Oal services 16, convalescents, invalids, or aged persons, but not mental cases or cases foncontagioU r communicable diseases which are customarily treated in sanitariums arr+�oospitals "Converted dwellurti ma r, a structure which, due to interior alterations, has been modified to increase tea ber of individual dwelling units. This definition does not apply to multifamily structures constructed under the provisions of this title. "Cosmetic services" means tattooing, body piercing, and similar services. "County" means Yakima County. "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste. "Day" means calendar day. (See YMC 15.20.110.) "Day care center" means a day care facility that supplies care, attention, supervision and oversight serving thirteen or more children regardless of whether such services are 7 provided for compensation, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with state DSHS requirements. "Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of nonrelated individuals (children or adults) for periods of less than twenty-four hours a day. This includes family day care homes and day care centers. "Day care home, family" means a family day care home located in a private home that supplies care, attention, supervision, and oversight for one to twelve children, governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said state DSHS requirements. "Delicatessen and other specialty food stores" means t 61 food stores selling ready - to -eat food products such as cooked meats, prepaysalads or other specialty food items. This definition includes seafood, health fdb&i;`ij6d other specialty food stores having seating for no more than five persons. "Department" means either the Yakima Count' planning division or the city of Yakima department of community and economic dedpment. "Desktop publishing" means activity reld to the use of ctpputers in order to produce documents for personal use or for gather uses "Development" means "use" as Defined bytht� tkle "Development permit" means written authorizatfOh"Ibi development or'modification of development as defined in this title ' ?'hen a building, or other construction permit is required, the building/construction p unk shi ll serve ai,"Me other development permit. If no building/construction permit is required, tie ee1"(icate of caning review shall serve as the development per��tT "Development, pl6h d residential" means, the f6s,idential districts, the coordinated development of a sih 1p lot with ; ,number fir idential fiuctures and/or dwelling types which are designed td 1. Maintain the character of th �esidenti l dpighborhood; 2. Prr1afonpetibilit btveeri Vdripys, tees of dwelling units, off-street parking and other apses withirtA e site, and 3. Share such site aMpnitie % s off-street parking, access drives, open space and recreatio"'facilities. This definition includes 't + clusteri g of residential units on a single lot. In the commercial districts, "planked residential development" means a mixed-use development combining muii mily residential and commercial use(s) into a single coordinated project '" "Divide" means any dabs tion or action, not otherwise exempt or provided for under the provisions of this title„' which alters or affects the shape, size or legal description of any part of an owner's "land” as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a division of land. "Domestic farm animal" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. "Domestic farm animal—Pet" means four or fewer hen chickens (no roosters) or rabbits that are kept for pleasure or as a hobby rather than utility. Domestic farm 8 animals that are considered pets are regulated under the provisions of YMC 15.04.060(D), Accessory uses, Pets, and are not subject to the provisions of YMC 15.09.070, Special requirements for animal husbandry. "Driveway" means the private traveled access to a property or through a parking lot for three or more vehicles. "Drugstore" means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. "Dwelling" means a structure or portion thereof designed exclusively for residential purposes. "Dwelling, multiple -family" means a structure or_,,;` rctures, or portion thereof, designed for occupancy by three or more families liven ' independently of each other and containing three or more attached dwelling units pq l "Dwelling, single-family" means a structure designed to dontain a single dwelling unit. Single-family dwellings are further classified by,heir nature cif instruction as follows: 1. Site -built: Constructed primarilycupancy site an�rrmanently affixed to the ground by a foundation. 2. Modular home: See "Modular home.' 3. Manufactured home: See Wanufactured or1 p! "Dwelling, single-family attated';m means tvao # attached, but with each dwelling ur�rloated entirely` not include row houses or other KdUsihd�ivoes with family dwellings. "Dwelling, single-fi't) attached to any oth�, I w "Dwelling, two-frnjly'� families living independe the same leis def nwt[ "DweN� rig un`tz means family aril` providih co provisidh for living, sl include rcr+tional vehic "Earthen mrial" mec "Environm n 1kreview (6ta hed" mea �N'lNng lit. means structur fitly of eh other W,, 1nci ,ei `the to State Environmental;P'olicy amended. "Existing uses" means, al a jurisdiction prior to the under YMC Chapter 15.04 district. g, eating td "Mobile horrt , 7, ale -family dwelNings that are its own lot. This definition does Ore than two attached single- uhit-tccated on one lot and not signed exclusively for occupancy by two ontaining two attached dwelling units on Duplex.,, 'a dwelling for the occupancy of one mt living facilities, including permanent and sanitation. "Dwelling unit" does not ma!ie homes. d, grv'l, rock, aggregate and/or soil, s the procedures and requirements established by the RCW Chapter 43.21 C, as it now exists or is hereafter e or development legally existing or legally established by active date of this title that has been or would be classified as a Class (1), (2), or (3) use in the appropriate zoning "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: E 1. State -licensed adult family homes required to be recognized as residential uses pursuant to RCW 70.128.175; 2. State -licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusions of subsection B of this definition; and 3. Group homes for the disabled and consensual living arrangements equivalent to a familial setting required to be accommodated as residential uses pursuant to the Fair Housing Act and the Washington Housing Policy Act, RCW 35.63.220 and RCW 35A.63.240, respectively. B. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or nQt: I" ed 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 calcuatuV�'the butber of unrelated persons residing in a single-family dwelling unit, the full r', rules sh,41l, pply: 1. When one or more unrelatedersot,` i`�side with a f'aMof y vhose members are related by genetics, adoption or rnarriage,"`46 total number of res d' rr#s shall not exceed five persons except as provided in subsectio ( )(2) of this definitio n 2. A family unit consisting entirely of p fSo'ns related by genetics;, adoption or marriage may rent a room to a t6r j ofrttwo add l r "eters, or up to twd'`students as a part of a recognized foreign echMge program ,r, similar educational, nonprofit program, or a combination of a renter ri , such std obi to a total of two additional persons. The additional renters and &'I rej ex ange stents, to a maximum of two, shall not be coinsidef d r � ; alculatii "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 otherwis regulated) means the retail sales of merchandise in a store type setting where tUilding/structure's gross size is twelve thousand square feet or less. 2. Greater than twelve thousand square f =(riot ot%etrise regulated) means the retail sales of merchandise in a store typesetting where tPc gilding/structure's gross size is greater than twelve thousand squer 1661. Land uses permitted under the above t ; ategories include, but ire not limited to: Addressing, mailing, and stenographic services Toy and hobby stores Antique stores Jewelry, watches, silverware sales and repair Artist's supplies Music stores/instrument sales and repair Bakeries Secondhand stores Book stores Paint, glass and wallpaper stores Stationary and office supplies Pet stores and supplies/grooming Camera and photographic supplies Printing, photo copy service Clothing, shoes, and accessories Sporting goods and bicycle shops Computer and electronic stores Video sales/rental Collectables (cards, coins, comics, stamps, etc.) Gift shops Department stores Discount store Drug stores and pharmacies Variety store Fabric and sewing supplies Specialty shops Florist (indoor sales only) Small appliances Specialty food stores TVs, business machines, etc., sales Land uses not meeting the intent of the general retail sales and retail trade definitions, as determined by the administrative official, may be either referred to the hearing 11 examiner for a use interpretation under Chapter 15.22 or use classification under YMC 15.04.040. "Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods. "Glare" is the reflection of harsh, bright light. "Grade" is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross Floor Area. See YMC 15.06.040. "Group home" means a place for handicapped,, „hysically or developmentally disabled adults, or dependent or predelinquenit :66 providing special care in a homelike environment. This definition includes a "fres o ' his nature for six or fewer persons, excluding house parents, which r ,;,protected b state or federal law as residential uses. Halfway House. A "halfway house" sh If ;include residentially facilities that provide: 1. State -licensed group care domes for juve6fll delib'q; eats; 2. Houses providing residen ,Mrl jteu of instrd tjoh'l sentencing; 3. Houses providing redeye to indiivals needing correctional institutionalization; or 4. Detoxification centers licensed y th �s ,t ,,,r her 61 hol and drug abusers can be placed in lieu of indarce at on for t a uficat*o 4h+ treathi nt from effects of alcohol and drugs. (See "CIO'pp anI rl r facility+ "Hazardous mat6r a" s"" means ,,.,any item to as hazardous by a federal agency or State Department o'logy the Yak] r regional clean air authority. (See YMC 15.13 020�� "Hazar dus vuase"" meansend irwde aNN ;dangerous and extremely hazardous wastes Vis;"defined 16'ROW O! 76"f° ,0% "Hazaro, us waste f difit ,ofd Nte" means hazardous waste treatment and storage facilities t t treat and sto 4,,waste frn r generators on properties other than those on which the off' facilities ate Located "Hazardous Wasete facility, dna-site" means hazardous waste treatment and storage facilities which tree end story; castes generated on the same lot. "Hazardous wash- gene, Of r" means any person or site whose act or process produces dangerous w$t.,,or whose act first causes dangerous waste to become subject to regulations unthe dangerous waste regulations, WAC Chapter 173-303.. "Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator at the generation site is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value. 12 "Hearing examiner" means that person appointed by the Yakima city council and board of county commissioners. "Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.) "Home occupation" means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home. "Home occupation, business administration" means the accessory use of a dwelling as an administrative office for a,ri a iiiiceNnsed sines ...W.c � � � . corn )`-,,,`j 1 ��i��iii1i9 �lir� 1°� ��.o�r � ...Wri based...int �r e USS mess tl���twdoes ...ii,io kiv6ve he re��rdr�..... „ o ry,ne ��Q f q.,, The � r�rr�rr�r�rii�l d �� in_an rr home m usedp calls, rTop ,. n aurp$ggO2pgjfassociated wthabusess.hsdefinitiondoef include manufacturing, g, sales not associated with an internet usirjgL& ' pair or oth&services. 1lom 0 u flo contractor" nLag s I ie ,ress r 4u. f adkedll(Lig . ,. 11bU1 �uri�ir rr:ir�r care and/or _... r�. ��iiov�..._......�rur���rrbri�.,electrical Homeowners association" ��µ r������ll bsinlso f r ��� ation" means „ a. coirruniy; `association, Cher than a condominium association, in which individual ornts'share ownership of maintenance responsibilities for open space or facilrtios "Hospital" means an institution prc Jding ,clinical, tennpp r r, and emergency services of a medical or surgical ,nature to an p(nt which js licensed by state law to provide facilities and serrc,for surgery, obsttrres, and general medical practice as distinguished from,clihidal tr&sVnent of rn ntad art+ ner eu disorders. "Hulk hauler" mep� anyon who devils in vehlles for the sole purpose of transporting and/orselligtherri',,Ao a licensed"motor vehicle wrecker or scrap processor in substantially-the sarr ; oM A+'hlchu they are obtained. A hulk hauler may not sell second p ra wotor v+ dicl p s to `anyone other than a licensed vehicle wrecker or scrap fodessor, ex t,for those parts s eddfically enumerated in RCW 46.79.020(2), as now,-:r, hereafter amended; which may be sold to a licensed vehicle wrecker or disposed of at a public fadrdlty for waste disposal. (RCW 46.79.010) "Imperviout'r, urface" means any ` haterial reducing or preventing absorption of stormwater inti yiously undeveloped land. "Intensity" is the'rnbinatioof factors (such as visual appearance and building size, traffic generation, nbise, dust," nd light and economic value) associated with a particular use that determinesthe'rtntial impact of that use on neighboring land uses. The higher the intensity, the, greater the possible impact on neighboring land uses. Generally, the intensity of a land use will determine its compatibility with other types of land uses. "Irrigation and/or drainage facilities" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc. "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the 13 owner; or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. "Land" means a lot or parcel. "Land use" means the manner in which land and structures are used. "Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf. "Legislative body" means the board of Yakima County commissioners or the Yakima city council, whichever is appropriate. "Loading space" means an off-street space on the saMO.Iot 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 m ,ter>( (t, nd 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 ohfinal plat or short pkat officially recorded in the Yakima County auditor's office; or 2. A legally recognized prior division 6 aarcel u,nIder the p ovisions of Yakima County's subdivision ordinance (YCC Title 1) or this`"city of Yakif a,' , subdivision ordinance (YMC Title 14). "Lot area" means the total pori 6ht6fare within the boundary lines of the gross lot. "Lot, corner" means a lot abutting two br-more str� ,,at their intersection, or upon two parts, of the same street forming n int6rr a ogle than one hundred thirty- five degrees. (See F gO Figure 2-2 "Lot coverage" means that portion of the lot that is covered by structures and other impervious surfaces. 14 "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. (See Figure 2-3.) r 1Lot wmo a L o F b �II L"" ... ................ ................. ... to Wi 14 Figure 2-3 "Lot, flag" means a lot only a narrow portion of i; fronts on a public/private road and where access to the public/private road is qrc, si6at narrow portion. (See Figure 2-2.) "Lot, inside or interior" means a lot other p `corner lot.'(5 e; Figure 2-2.) "Lot line, front" means, in the case of an f&ior lot, the proper �Jqe separating the lot from the road or street, other than an allerr the purpose of establishing the front lot line for a corner or flag lot, the following shawl 'apply: 1. In the case of a corner lof, the front lof M(q �9be the propbr; line with the narrowest street frontage, exce f the build'official, or his designee, shall designate the front lot line for cornar i tsi ,�residentiaI' tracts. 2. For a flag lot, when the access ea�reruf or rig"fit o -way extends across the lot, the front lot line shall he line epratin f%ie �ot� froom >ue right-of-way or access easement. When tie' hf�f way or oessrnint 64s not extend across the property, the front lobre shad'; determhe brpg official, "Lot line, interior's ans, in case lot line development, the property line separating a zero lot li ,from a another Ifo lot line or (b) adjoining common open space. (5+p 4 ) "Lot line, rear" meana�` property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore -shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line. 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line. 15 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. "Lot line, side" means any lot boundary line not a front lot line or rear lot line. "Lot, through" means an interior lot having frontage on two streets. (See Figure 2-2.) "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2-3.) "Low impact development" means stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater contr l ,16 more closely mimic natural hydrologic patterns in residential, commercial, and , h�dustrial settings. Low impact development addresses stormwater management and'1 0 development that is applied at the parcel and subdivisions scale that emphasize corbspration and use of on-site natural features. "Manufactured home" means a dwelling h one or more chassis for towing to the point of use which bears an insignia issu " 64", by a state or feder,l, regulatory agency indicating that the structure complies with " Il � pplicabj onstruct'66 standards of the U.S. Department of Housing and Urban De :fopr t'`definition of ,,manufactured home and was built after June lt',""1976. Manufsi'dtu"ed homes are further classified as follows: 1. "Multi-wide," has aminirnrarn dth a f<rapt less th Vit;seventeen feet as measured at all points perpendicular to the lengths:of thI rrrap factured homer 2. "Single-wide," hada rinimum width less th 0r yentek feet as measured at any point perpendicular td'he Idngt of the m�r�ftaed ome. "Manufactured strcure" means abuiwg manufadttired with the intent of being transported to a fixed site and onstructe , 9accordance with the building codes as adopted by the, itytcounty: "Massage thdrapyiapa" rneahs a scientific o skillful manipulation of soft tissue for theraped'd or remedial purposes specifiy for improving muscle tone and circulation and pro' ting health 66 ,,phy idal, well-being. The term includes, but is not limited to, manual dhd mechanical r edure ► for the purpose of treating soft tissue only, the use of supplem6htpry aids such, ,as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparati6/6, creams br;lotions, procedures such as oil rubs, salt glows and hot or cold packs orother simii i procedures or preparations commonly used in this practice. This term's eoificall ` excludes manipulation of the spine or articulations and excludes sexual contact "Master planned development means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed- use development). "Meeting hall" means a private or quasi-private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club-type card rooms, grange halls, etc. 16 "Mining" means all or any part of the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production. "Mixed-use building" means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use. "Mixed-use development" means use of the land or structure for two or more different uses. "Mobile home" means a dwelling on one or more chassis for towing to the point of use which does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular; s, manufactured homes, commercial coaches, recreational vehicles or motor od. "Mobile home park" means a parcel of Ian du d mingle ownership used for the placement of two or more mobile or manufacrt�d hor„ used as dwellings. This definition shall not apply to the placement ��; temporary,hardship unit (see YMC 15.04.140) on the same parcel with anothef '' e. "Mobile home park expansion" means th preparation of addi6 60I sites for mobile or manufactured homes (including the install ajro"Ia Of utilities, final site t r ;png, the pouring of concrete pads, and the constrq,q ion of streets}> niotonzea co, "Modification (of USE occupancy, arrangein qi associated site imp d) "Modular home"' �a International Building f building sitodglar h same rev'i � sfnclards I ui II c oron h°dii ,he or oth eir or develop nt' me' n ani Mange or alteration in the it,'?01acement or gonstrq fiort f aril.' sting use, structure, or ruent„ a, any cl pge or`alter° i ic�r�,,of land, ns a re iclential str cti re which meets the requirements of the it a anis constru ted in a factory and transported to the b nd;;sgbjecf tq,special review; they are subject to the ns a grdip,igf structures housing separate businesses sharing"the same lot, access and/6r,parking facilities. „`Multi le;oq upancy buiildI g°" m6dhs a single structure housing more than one retail business, off o,, or commer iia ventur "Net residehtIal ;,acre" mems forty-three thousand five hundred sixty square feet minus the area in pate ani blic streets, rights-of-way, and access easements. (See YMC 15.05.030(B)1c.0 t the maximum number of dwelling units permitted on a site.) "Nonconforming lot" mns a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. "Nonconforming structure" means a structure that was lawful prior to the adoption or amendment of this title that fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district where it is located. "Nonconforming use" means a use of land or structure lawfully established and maintained, but which does not conform to this title for the district where it is located. 17 "Nuisance" means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses, and/or failing to conform with the provisions, intent, or standards of the district where the use, activity or structure occurs. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows: 1. "Retail nursery" means a nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items; 2. "Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery or other business; and 3. "Greenhouse" means a nursery facility critructed with transparent or translucent materials for indoor propagation of pl�pt�``�hjs definition does not include private greenhouses with no commercial sales "Occupancy" means the purpose for which,structure, po , on of a structure, or lot is used or intended to be used. For purposes of this title, a chan'' e, of occupancy is not intended to include a change of tenants,'�o�, proprietors, but is intended to indicate a change in the type of use. "Off-street parking" means a harking space('); aged sociated dri^y(s) located beyond the right-of-way of a highw`wyy street or all "Open space" means an area of 8h car water thk,is substantially free of structures, impervious surfaces, and other land altering activities. "Open space, common" means op6h,spacemdip or related to a development that is not dedicated for pub, iq,'us,e,, but is c� !ned, Irl and d anid'`legally committed for the common use or ento rr ent ref t ie residents o he eveiopment. "Park" means a' 0blic or prf^ ately owrwl 'area with 'facilities for active or passive recreation by the publ! "Parking afagl",,means hae enle f+rrred y sparking stall and the edge of a parking bay, wall dray v 'y of th 'patking f wil(ty, ranging from zero to ninety degrees. ParXj,n bay" m6a s>, the section of i'` asking facility containing a driveway and contai in ,one or two ro +s,of parking stalls. "Parking fi t" means a ,,'anility `66'swgned to serve parking for five or more motor vehicles.. "Parking sp 6b",means an e�-street area that is paved, drained, maintained and used for the temporary`§'_rage ofone motor vehicle.. "Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space. "Party of record" mea > the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. "Permit" means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval. "Personal services" means a business providing specialized services such as interior home or business design and shopping services, except as otherwise regulated. 18 "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility including but not limited to: fish, dogs fewer than four, cats fewer than six, hen chickens (no roosters) fewer than five, and rabbits fewer than five. "Pet day care" means a building or structure in which an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels. "Planning commission" means the duly constituted planning commission for the city of Yakima. "Planning division" means the Yakima County planning community and economic development of the city of Yakir "Preliminary approval" means the contingent approval using an appropriate Type (2) or (3) review process pri Preschool. See "Day care center." Private access easement means any private esem and egress that is not dedicated to the owners of land over which it crosses. "Product assemblage" means a busing; for off-site sales. "Professional business" means a service -related functions and d+pt doctors, realtors, travel agents, l"ii providing administrative government "Property owner(s)" means the leggy "Public facility" me0n agility ov owned and operated "ley a pr�Mate ei services to the pub l,ipludin sanitary, transit, police, tire, maintenance Th facility`sh from the er+e "Publi ` 'lkearino"" `i" bans a advertit4o,in advance at Which Public°'+ ter System. She `"' "Recreation tscreen" meanp to keep recreational equipme typically associated ,with scho playgrounds. and that division or the department of p, whichever is appropriate, y the administrative official final approval. service involved the purpose of ingress nedby the underlying bling products business p rrn �l +engaged in dm or dent upon","O iessional staff su as lawyers, to ,ccounta*, engineers and consultants; or it not lim bulance, er or owners of h9e property. and e 'at+ d by #` governmental agency or qr the'; purp+e of providing essential public t o: water, irrigation, wastewater, garbage, 'peaks and recreation facilities, and street ed t ,, efficiently serve the people benefiting feting Opek to the public that is announced and l ppublic is given an opportunity to participate. atr system, public." a pica ctive device for recreational purposes designed within or outside of a designated area. Such uses are parks, golf courses, swimming pools, ball fields, and "Recreational vehicle�p p,ebns a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to: boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies. "Recycling drop-off center" means a commercial facility where products such as aluminum, tin cans, glass, plastic, paper, and other similar products are deposited, sorted and transferred to a recycling processing center for reprocessing. "Recycling processing center" means a facility where products such as aluminum and tin cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and reprocessed. 19 "Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit density. "Restaurant" means establishments serving prepared food or beverages for consumption on or off premises. This land use includes but is not limited to: restaurants, sandwich shops, coffee shops with or without drive-through facilities (see YMC 15.04.080 for establishments with drive-through facilities), and fast food restaurants, but does not include bars, cocktail lounges, taverns, brewpubs as licensed by the Washington State Liquor Control Board, catering services, or industrial scale food production facilities. "Retail services" means uses providing services, as apposed to products, to the general public. Examples are eating and drinking est��Naments, motels, real estate and financial offices, and uses providing health education and social services. "Retail trade" means those uses primarily n"','''46d `6d in the sale of goods or merchandise to the general public for pe000`I or household consumption and rendering services incidental to the sale w h goods Lumber yards, office supply stores, nurseries, butcher shops, paint sto" re"and similar uses shall be considered as retail trade establishments even though ° portion of their "business may be to contractors or other business establishment" "Retaining wall" means a wall made of woody `orre, convent, steel or;pther products intended to support, retain or sta lr e earthen or"� i p olly materials at �6er natural or finished grade. "Retirement home" means an dstabh4hffient providrrig domestic care for elderly persons who are not in need of mo cal �t nQrsipg treatment except in the case of temporary illness. TI fi rit qn does�'`�t�t inclufe?rtrxlsing, convalescent or rest homes, hospitals or sanitarlbit. "Reviewing offgd means the buildr`officual, 'administrative official, hearing examiner, city of Yakim lannj0 commisst46, or legislative body when engaged in any review or approyaj procare uothe;proviiws of this title. "Rezoned marts .bra chga therngf dtsi (ct classification of particular lot(s) or parcel(s,'df land, "Right of7way, public Yakima of Y.' ak;ima Cou "Road, localaccess arterial, collector ;,rtei Yakima. The prirnslry local access road with,, "Road, private" m 4 Washington State me " h`rans tared, deeded or dedicated to or purchased by the city of my'fbr existbn or future public pedestrian or vehicular access. me a pUR 'road not designed as a principal arterial, minor al or highborhood collector by Yakima County or the city of urpose bf a local access road is to connect property along the "Road, public" means the but not limited to, surfacing, and kept open by the city pedestrian use. "School" means a s taught. This definition higher learning, bu O,rlal street system. `road not designed, built, or maintained by the city, the it of Transportation, or any political subdivision of the state. physical improvement of the public right-of-way, including, curbs, gutters and drainage facilities, which is maintained of Yakima or Yakima County for public vehicular and ttructure and accessory facilities in which prescribed courses are includes elementary, junior high or high schools and institutions of does not include commercial schools, nursery schools, 20 kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school. "School, vocational" means the commercial use of a structure or land for teaching arts, crafts, or trades. "Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. "Setback, front" is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be me design centerline. When there is no right-of-way, the,' from the front property line. "Setback, side and rear" is the min perpendicularly from the nearest property line t( that a side setback on a corner lot, along th perpendicularly from the centerline of the,:no way, the setback shall be measured perpe i _OL "Sewer system, community" means small, built to serve developed areas generally found perpendicularly from the back shall be twenty feet rur ;`hor�ontal distance measured fh `neare t wall of the structure, except c jacent righi-dray, shall be measured of -way. When thre is a partial right-of- larly from the desin centerline. df -contained sewage #teatment facilities "Sewer system, individual" ma11 h system'd�r dispose of sewage from one o i �frt ctures 5 common form of individual sewer sysm "Sewer system, regional" means sealer se16e..orovi purpose district. Sign. See YMC has ter t fora c "Sign manufactuhng. adnd ass ably°" of metal -cased, therm o meds wOoden, "Site imDrovem�ent" m' 'hs anhv t,ctu is sewer se areas,. and constructed' on site to tank systems are the most a municipality or special n definitions. me , the design"""manufacturing, and assembly stdtle,, neon, internally lit, or electronic signs, re or'h,er addition to land. "Site atrbrtet ,regd�red"f°mean' y,spfic design, construction requirement or site improvement thief Js a 'c "ndition of %Aproval for any permit issued under the provisions, a this title or ich is of any site plan approved under the provisions of this title. "Site plan„ diled" meant generilite plan incorporating such additional factors as landscaping, dajnage, and ofhrs as may be specified. "Site plan, general" means sketch drawn to scale showing the actual dimensions and shape of the lof,1 be,b0Il upon, the sizes and location of existing buildings on the lot to the nearest fdot,` the location and dimensions of the proposed building(s), structure(s), or alteration(}.. "Social card room" means a commercial facility, or a portion thereof, open to the general public, in which house -banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical 21 or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals. "SlIp _p4l event" rneaps,aj1y event for which a s e eiirit pe.......i.r...ir......R.....a.....s...... .....lbee... in..uissued ............ YMQ Ch. 9,70, 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 9f,precise numerical definition, but which expresses the policies of the community in th �hfe and which may be applied by the reviewing official during a Type (1), Type (2) of,1,7 e (3) review. "Standard, specific" means those numerical sta, d;a" 0 rds�established in YMC Chapters 15.04, 15.05, 15.06, 15.07, 15.08 and 15.09 "State siting criteria" means criteria for the lfing of hazdrdous waste treatment and storage facilities adopted pursuant to the req I` `6ments of RC46bapter 70.105. "Stockpiling of earthen materials" m Ons, permanent and/of,,,,'continuous use for storage of rock, gravel, rubble, sand, or soil "Storage facilities, bulk" meant ,,,either encl6sWs *arehOLIse"j6'�'�,outdoor areas designed for the storage of eith&`,,,;J'6fge quantitiei§`6f,terials or materiat"' of large size. s h h t Includes the storage of vehicles when ,,,ss d Uorage"Isr.not incidental and subordinate to another land use and is not vehicle "pprki' ptornot r/V"4'1Wrecking/dismantling yards or vehicle sales lots. "Storage facilities, cp I tg rfirh#rcial" meaft,enc 95:0sor , ; ,a e areas designated as support facilities for and used",,for ,Jhe storAQf retail materials, "Storage 600,,,!,",'means en 61 bsed areas providing storage for residential goods 4hjor orecT Iq ational ve6`les within the structure. "Storage,ve k, a given site that are not actively used by the prjhclpopanf§?',,�'6fthe cou Thisinition does not include automotive ` i, wreckindismantlind 19,�Yar s OrVOhicle sall "Stre' r6b.t�,,,,,�Means a publ:16,W pri4e,road. rim earis i1si ra '11 J.' _Lj�,L JqohoHc beve M3 s f e a Ped Plaz ;, u b IJ4 ....... .. onik_p y, 0,ri- tioiNzed cart or temooirary structure. oiiw end or ouNic o1,C')0eA1`Vusina a no -' I "Structural altersflop" mean ,�`�, 1. Any change 0M11"11.11A., mponent or other supporting members of the structure, 0 including foundations, ring walls, beams, columns, floor or roof joists, girders, or rafters; or 2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. "Structure, temporary" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. 22 "Swimming pool" means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen inches or the area being more than thirty-eight square feet. "Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto. "Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment. "Towing services" means a service to haul or tow vehicles for service, repair or temporary storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility ;1ulk haulers are not included under this definition. " "Transportation brokerage offices" means s(ants primarily engaged in furnishing shipping information and acting as ,a nts in " fra,nging transportation for freight and cargo. Travel Agency. See "Professional busines �" "Urban growth area" means the area With, t the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima do p y within the Yakima urban growth area boundary established by the board of Yakima 6 unty Ornmissioners p r ,uant to RCW 36.70A and adopted in the Yakir, urban are0 reprehensive plan ba(YUACP) as amended. The boundary and legalsr ion of the ;,Yakima urban growth area is set forth in YMC 15.01.020. The Yakir ;. ur growth �6a is that area where growth is expected to occur over the next twe fy years rom the ad tion of the YUACP and is the area in which url art p, 16V` u�blic sere es are "& Will„be 0,td,,Wed. "Urban services'” �Jnc ude, I t are not lir i� d to public water and sewer lines, neighborhood parks,: treetlight "; police a*,* protectil 'I "Use" means the aotaj(y or ,rpose for +hih land or structures or a combination of land and struurs isd�gnrrned�, opted, or maintained together with any �. piacemenT, movemenx or ciemoj von or arty sTruciure or site improvement ana any physical ; l(eration to la d,utsel p i6cluding any grading, leveling, paving or excavation. "Use" also rq ans any existing or r posed configuration of land, structures, and site improvemeiwits, and the use th reof Use, Class (i , 2), (3). Sed Class (1), (2), (3) uses. Use, Modificatuo wf See `„N,dification (of use or development).” "Use, principal" moans the primary or predominant use to which a structure, part of a structure, or lot is or may",evoted. "Use, temporary" mean' a use established under YMC 15.04.130, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period. "Utilities" are those businesses, institutions, or organizations using pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public. "Utility services" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. 23 "Variance" means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Veterinary Clinic. See "Animal clinic/hospital." "Vision triangle" means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See YMC 15.05.040.) "Warehouse" means a structure used for the storage pf goods and materials. See "Agricultural building." "Waste material processing and junk hand lirr iwans a place where waste, discarded or salvaged metal, used plumbing fixtr r,6, discarded furniture and household equipment, and other materials are bought„ salt =,` excKM d, stored or baled; and places or yards for the storage of Salva r aterials antd` equipment from building demolition and salvaged structural and eq ipment, but excluding establishments for the processing anof garbage, or fof %t%te sale, purchase, storage or dismantling of automotive vehicls and machinery. Thi definition does not include the processing, storage our disposal of ha OrdoU �ftiaterials. "Wastewater spray field" mean n pgriculturj;r therwise vegetate"'fieldwhich is irrigated with wastewater or treated eti age. May indI/LJ4,e storage lagoons utilized solely for storing wastewater before sprg, b(;-,not other-;stewater treatment facilities. Excludes sprayfields for wastewater ;fine ;azardosaursuant to RCW Chapter 70.105. "Water system, ptrkli"" means any Cyt eclr(� a system serving only one single -family resideh"Oeprovrdrrr pipedw» t r for huhian consumption, as defined and/or regulated unde"r W` C 24,6;14, "Wholeale trade" affly engaged in the sale of merchandise to .77 retailers aid std "ihdO trial, errs ercia(, hi6hOl or professional business users or to other whOl Balers. "Wineries or breweries" r reap , , vinery or brewery for processing and manufacturing purposes b"l, with limited holesal grade incidental to the primary use. Wineries and breweries are,,p ,tegorized� gIlows A. "Basic" does not have %commercial tasting room or restaurant; B. "Resort/detrtion" has` either a commercial tasting room or restaurant. This type of winery or br ery j "located on a site larger than five acres in size. It could typically be associate, , Ompatible with: high density residential, resort lodging, or a bed and breakfast; C. "Retail" has either a commercial tasting room or restaurant. "Wrecking yard" means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80). "Yard" means an open space, other than a court, on the same lot with a structure. "Yard, front" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Yard, rear" means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line. 24 "Yard, side" means an open area between the side wall line of the structure and the side line of the lot. "Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. "Zoning district" means a portion of the Yakima urban growth area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms "zone" and "use district." "Zoo" means a park or facility where animals are kepi nd raised for visitors to see and observe; zoological park. (Ord. 2014-030 § 1, 2014, Mrd. 2013-045 § 1, 2013; Ord. 2011-52 § 1, 2011: Ord. 2011-12 § 1, 2011; Ord. 201 16 § 1, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 1, 2005; Ord. 2002- ,, , 2002; Ord. 98-60 § 1, 1998; Ord. 98-59 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 0-81 §§ 1-14, 1993; Ord. 3106 §§ 1-5, 1988; Ord. 3019 §§ 1-10, 1987; Ord._,�Zkl § 1 25 Section 2. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.04.030 Table of permitted land uses. Table 4-1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 4-1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title. Table 4-1 Permitted Land Uses AW R- R- R- B- B- M- M- (AGRICULTURAL SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 COMMERCIAL Agriculture, Horticulture, General 1 1 1 1 Farming (not feedlots or stockyards) (*) Agricultural Building (*) 1 1 1 1 Agricultural Chemical 1 1 1 Sales/Storage Agricultural Market (*) 1 1 1 1 1 1 1 11 Agricultural Stand (*) 1 1 1 Agricultural Related Industries (*) 2 11 1 Animal Husbandry (See YMC 1 2 1 1 15.09.070) (*) Concentrated Feeding Operation 3 (*) Floriculture, Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Winery and Brewery—Basic (*) 3 3 1 12 Resort/Destination w/on-site 2 3 3 3 3 3 3 agricultural production (*) 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 12 Amusement Park (Permanent) 3 3 3 1 3 (*) Bowling Alleys 2 2 2 1 1 2 3 AW Table 4-1 Permitted Land Uses 27 B- B- M- M- SR �R-JR-�R- 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 Campground (*) 3 2 Wd1�'�k WOutdoor toop�Za cei o� r ���.�...�. y^�„IV��,SI�ImI^I0.I�Im��''qm''p�p^����� �V�ryy re ,', ��,�u n fi � I� an(J not �.�'� ..NL�I..tt��.I.l".pl.+p yy ry k Ira ; u��1yl^ng. 1W �. O.II.� t�^, ��p^Y'�al.I mM�IIwIl,�'mII'' PdWy� III41 y^^.. mMe„^.roIy' W ' ISI � IV 1�14N � IV K"�,m�� IV � s � .� 4' XI � '0.,M o III �qp.'N" .rygys'W ^�M �.....,.,, �M �WmW'✓1wm� III W "' d' t�IU�"�II%., !�ilLl�l k...IMv'ryUp^II� yy^^ p��",s^m.. r,.,.,�»,.... p��,v.I.'Np,...i..i.t !VmV 41Ul�l a��„„��W IIIry� W II�^q ppgy p y` W.p���,mm!'N''��.,IIII�I III g U Wi'���;�14Q�,��id��WIIU 6%��IUW��mdll R„"„�l VI MddWiuM�III �W^q��o�, y� 99 WW���� yy �!!IIIppIII p�wp��"" ��pp ,qq ����^^ N AUwp�� 'M��®��.�'�1Ut.R„"d� 111 l � �" �ii �I����d.�����caiiI���W�. t ira(;II^I��.)I Drive in Theatres 3 12 2 2 Exercise Facilities 2 1 1 1 11 2 1 1 1 2 Horse Racing Tracks, 3 3 Speedways Game Rooms, Card Rooms, 3 2 1 2 2 2 Electronic Game Rooms (*) Golf Courses, Clubhouses, Golf 3 3 3 3 Driving Ranges Miniature Golf Courses 13 1 3 1 1 1 1 Movie Theatres, Auditoriums, 3 1 1 1 1 Exhibition Halls Parks (*) 2 2 2 2 2 12 12 2 2 2 2 1 2 12 Roller Skating or Ice Skating 2 2 1 1 2 Rink Sports Facility (indoor) 2 2 1 2 1 2 Social Card Rooms (See YMC 3 3 3 3 15.09.090) (*) State Fair Park I (See YMC 15.04.200) COMMUNITY SERVICES Cemetery/Crematorium with 3 3 3 3 3 3 Funeral Home Funeral Home not associated 3 2 2 2 1 1 1 2 _ 2 with Cemetery/Crematorium Churches, Synagogues, and 2 2 2 2 2 2 2 ��2 1 1 2 2 Temples (*) Community Center (*) Meeting 2 2 2 2 2 2 '2 2 2 1 1 2 Halls, Fraternal Organizations 27 Table 4-1 Permitted Land Uses 28 ff R- R- B -B- M -M- 2 3 1 2 HB SCC LCC AS G C CBD RD 1 2 Community Gardens (*) (if 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 accessory to an approved principal use) (See YMC 15.04.OS0(G)) Community Gardens (*) (with 1 1 1 1 1 1 1 1 1 1 1 1 planting area of one-quarter acre or less) Community Gardens (*) (with 2 2 2 ',2 2 2 2 2 2 1 2 2 planting area of more than one- quarter and up to one-half acre) Community Gardens (*) (with 2 2 2 2 12 2 2 2 2 2 2 2 planting area of more than one- half acre up to one acre) Daycare Facilities (not home 1 2 2 2 2 2 2 2 1 1 1 occupation): Family In -Home (*) 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 3 3 3 3 3 3 3 3 Overlay Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 11 1 Museums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 13 3 3 1 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools (*) 3 3 3 3 3 3 2 11 1 2 2 Community College/University— (See YMC Chapter 15.30) Inside Institutional Overlay Community College/University— 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Outside Institutional Overlay Vocational Schools (*) 3 3 3 3 3 2 12 2 1 1 11 2 3 Wastewater Sprayfield (*) 3 3 3 Zoo (*) 3 3 13 1 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), 11 1 1. 1 1 1 11 28 Table 4-1 Permitted Land Uses 29 R- R- R- B- B- M- M- SR 1 2 3 1 2 �HB SCC LCC AS GC CBD RD 1 2 Adult Family Home (*) Treatment Centers For Drug and 3 3 3 3 3 3 3 3 Alcohol Rehabilitation Boarding House (*) 3 3 3 3 13 1 1 1 2 Halfway House (*) 2 1 3 3 Group Homes (more than six), 3 2 2 2 3 3 Convalescent and Nursing Homes (*) MANUFACTURING Agricultural Product Support 12 12 2 1 1 Aircraft Parts 1 1 1 Apparel and Accessories 3 2 2 1 1 Bakery Products (wholesale) 1 1 2 12 2 2 12 11 1 Beverage Industry (*) 1 1 2 2 2 1 1 Canning, Preserving and 3 1 1 Packaging Fruits, Vegetables, and Other Foods Cement and Concrete Plants 3 1 Chemicals (Industrial, 3 1 Agricultural, Wood, etc.) Concrete, Gypsum and Plaster 2 1 1 Products Confectionery and Related 2 2 2 1 1 2 1 1 Products (wholesale) Cutlery, Hand Tools and General 1 3 1 1 Hardware Drugs 1 2 1 1 Electrical Transmission and 1 2 3 1 1 Distribution Equipment Electronic Components and 1 2 2 3 1 1 Accessories and Product Assembly Engineering, Medical, Optical, 1 2 1 1 Dental, Scientific Instruments and Product Assembly 29 Table 4-1 Permitted Land Uses 30 R- R- R- B- B- M- M- SR 1 2 ''3 1 2 HB SCC LCC AS GC CBD RD 1 2 Fabricated Structural Metal 2 3 3 1 1 Products Food Processing 2 3 1 1 Furniture 2 3 2 L' Glass, Pottery, and Related 2 2 2 1 1 Products and Assembly Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 Ill Leather Products 3 1 1 11 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 12 1 1 Meat, Poultry and Dairy Products 11 1 Paints, Varnishes, Lacquers, 3 1 Enamels and Allied Products Paperboard Containers and 1 3 1 1 Boxes Plastic Products and Assembly 1 2 1 1 1 1 Prefabricated Structural Wood 1 1 1 Products and Containers Printing, Publishing and Binding 11 3 2 1 Il Printing Trade (service 2 2 2 1 1 2 1 industries) Recycling Processing Center 1 3 1 Rendering Plants, Slaughter 3 Houses Rubber Products 1 2 1 Sign Manufacturing and Product 2 1 1 1 1 Assembly (*) Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes 2 1 2 2 3 1 1 finishing of monuments for retail sale) Transportation Equipment, 1 1 Including Trailers and Campers 30 Table 4-1 Permitted Land Uses 31 R- R- R- B- B- M- M- S R 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 Woodworking: Cabinets, 3 1 2 2 1 1 Shelves, etc. MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing 3 3 1 Materials, Rock Crushing Mining Including Sand and 3 3 3 Gravel Pits (*) Stockpiling of Earthen Materials 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off -Site Hazardous Waste 3 3 Treatment and Storage Facilities 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 2 2 YMC 15.09.045) Existing or New Detached 1 1 1 Single -Family Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single -Family Dwelling 2 2 2 2 3 3 1 3 3 3 3 (zero lot line) (*) (See YMC 15.09.040) Attached Single -Family Dwelling, 2 2 1 1 3 3 1 2 2 2 2 Common Wall (*) 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 2 1 2 2 2 2 2 2 2 DU/NRA 8-12 D U/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 12 1 1 1 2 31 Table 4-1 Permitted Land Uses 32 R- R- R-113-113- M- M- SR 1 2 3 1 2 �HB�SCC�LCCIAS�GC CBD RD 1 2 Mobile Home (*) or Manufactured See YMC 15.04.160 Homes (*) Retirement Homes (*) 2 13 11 3 1 1 Temporary Hardship Units (See 2 2 2 2 2 2 2 2 2 2 It YMC 15.04.140) RETAIL TRADE, AND SERVICE Adult Business Uses See YMC 15.09.200 Animal 3 2 2 2 1 2 1 1 1 Clinic/Hospital/Veterinarian (*) Auction House for Goods (*) 3 2 2 12 1 1 2 1 1 Auction House for Livestock (*) 3 2 2 Automotive Automotive Dealer New and 2 2 2 1 3 1 1 Used Sales Weekend Automobile and 1 1 1 Recreational Vehicle (RV) Sales Automotive: Car Wash/Detailing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 '2 1 1 1 2 Parts and Accessories (tires, 2 11 1 1 1 2 1 2 batteries, etc.) Towing Services 1 3 1 11 Wrecking and Dismantling Yard 3 1 (*) and Hulk Haulers (*) Bail Bonds 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn (*) I2 2 2 2 12 2 11 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services (*) 2 1 2 1 1 1 1 1 2 Communication Towers (*) See YMC 15.04.180 Convenience Store—Closed 1 2 1 1 1 1 1 1 2 10:00 p.m. to 6:00 a.m. 32 Table 4-1 Permitted Land Uses �R-�R-�R- B- B -M- M- SR 1 2 3 1 2 IHB SCC LCC AS GC CBD RD 1 2 Convenience Store—Open 10:00 2 2 2 1 1 2 1 2 p.m. to 5:00 a.m. Pet Daycare/Animal Training(*) 2 1 1 1 2 1 1 2 Farm and Implements, Tools and Heavy Construction Equipment 1 2 1 3 1 1 Farm Supplies 1 2 2 1 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 11 2 1 11 1 Furniture, Home Furnishings, 1 1 1 1 1 1 1 Appliances General Hardware, Garden 2 1 1 1 1 1 1 1 1 Equipment, and Supplies General Retail Sales 12,000 sq. 2 1 1 1 1 1 1 1 3 ft. or less (not otherwise regulated) (*) General Retail Sales greater 2 1 1 1 1 1 1 3 than 12,000 sq. ft. (not otherwise regulated) (*) Heating and Plumbing and 2 2 1 1 1 1 1 Electrical Equipment Stores Heavy Equipment Storage„ 1 1 1 Maintenance and Repair Kennels (*) 2 2 2 Laundries, Laundromats and Dry 12 2 1 1 1 1 2 1 Cleaning Plants Liquor Stores 2 2 1 1 1 1 Locksmiths and Gunsmiths 11 2 1 1 1 11 2 11 Lumber Yards 2 1 1 11 1 Massage Therapy/Spa (*) 1 1 1 1 1 1 1 1 1 Motels and Hotels 2 1 1 1 1 1 it nor Y �. Night Clubs/Dance 2 1 1 1 1 1 Establishments Nursery (*) 2 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 2 33 Table 4-1 Permitted Land Uses 34 R- R- R B- B- M- M- S R 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 Office Contractor Building and 3 1 1 1 1 1 1 1 121 Trade (Plumbing, Heating, Electrical, and. Painting) Outdoor Advertising (Billboards) See YMC 15.08.130 Pawn Broker 2 1 1 11 12 1 Radio/TV Studio 3 1 2 12 1 1 1 11 2 Recycling Drop -Off Center (*) 1 12 2 1 1 1 1 Rental: Auto, Truck, Trailer, Fleet 3 2 1 2 1 2 2 1 2 Leasing Services with Storage Rental: Heavy Equipment 1 1 (except automotive) with Storage Rental: Heavy Equipment 1 2 3 2 (except automotive) without Storage Repairs: Small Appliances, TVs, 1 2 1 1 1 1 2 1 1 Business Machines, Watches, etc. Repairs: Reupholstery and 1 1 1 1 1 1 1 1 Furniture Repairs: Small Engine and 2 2 2 1 2 1 Garden Equipment 1-1 Restaurant (*) 2 1 1 1 1 11 1 1 1 Seamstress, Tailor 1 1 1 1 1 1 1 1 Service Station (*) Closed 2 1 1 1 1 1 1 1 Between 10:00 p.m. and 6:00 a. m. (*) Service Station (*) Open 3 2 2 1 1 2 1 2 Between 10:00 p.m. and 6:00 a. m. (*) Shooting Ranges (indoor) 3 3 3 13 1 Signs, Printed, Painted or 2 2 1 1 2 1 1 Carved StrS. et Vendor See�..,w mmm....m m. 5.57 Taverns (*) and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales (*) 2 1 2 1 1 1 1 1 1 1 Truck Service Stations and 3 2 1 1 34 Table 4-1 Permitted Land Uses 35 R- R- R- B- B- �GC�CBD�RD M 1 2 3 1 2 �HB SCC LCC AS 1 J2 Shops Truck (Large), Manufactured 1 3 1 Home and Travel Trailer Sales Waste Material Processing and 3 1 Junk Handling (*) TRANSPORTATION Bus Terminals 1 1 1 1 1 1 Bus Storage and Maintenance 1 1 Facilities Transportation Brokerage (*) 2 2 1 1 Offices, with Truck Parking Contract Truck Hauling, Rental of 1 1 1 Trucks with Drivers Air, Rail, Truck Terminals (for 1 2 1 1 short-term storage, office, etc.) Railroad Switch Yards, 1 1 Maintenance and Repair Facilities, etc. Taxicab Terminals, Maintenance 3 3 1 and Dispatching Centers, etc. Airport Landing Field 1 Airport Operations (*) 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1 WHOLESALE TRADE—STORAGE Warehouses (*) 3 1 2 2 1 1 Wholesale Trade (*) 2 1 1 2 1 1 1 Storage Facilities, Bulk (*) 1 2 1 1 Storage Facilities Commercial (*) 3 1 2 3 1 1 Residential Mini -Storage (*) 3 3 1 2 3 1 1 * Refers to a definition in YMC Chapter 15.02. x = Not Permitted 1 = Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review by the Administrative Official 35 Table 4-1 Permitted Land Uses R- R- R- B- B- M- M- S R 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 3 = Class (3) Requires a Public Hearing by the Hearing Examiner (Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord. 2011-52 § 3, 2011: Ord. 2011- 12 § 2, 2011: Ord. 2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 2, 2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord. 98-61 § 2, 1998; Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4, 1995; Ord. 93-81 § 16, 1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13, 1987; Ord. 24,9 -V § 1 (part), 1986). Section 3. Section 15.04.060 of the City of Ya n a Municipal Code is hereby amended to read as follows: 15.,04.060 AccessoU uses. A. Generally. An accessory use is a Usk customarily inciderj, 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. The dust tie " early secon+ r to, supportive of, and compatible with the prinpipa( uses) ani nsi Ent with the pi �se and intent of the zoning district. The la gilassificatioh -end review requirements of an accessory use shall be the same, a that of the principal use(s), unless otherwise specified. r B. On-site hazardous , , ste treatment and storage Is p?ermitted as an accessory use in the SR, B 1, H 3, SCC, CB6�QC 'and;M-2 districts, subject to the state siting criteria in 't ashinon Adra3�rrrive t«cac+ adopted pursuant to the requirements of RCW;0-apter p105, C. Garages. Privat ,g race re permifte , as an accessory use; provided, that in residential; dr trt is they arse primar, ,used to store motor vehicles by the occupants of the resid ce. D. The keprtg of p ,is permitted as an accessory use; provided, that in residenQdistricts they afe sufept to the following restrictions (see definitions of r "kennel" and '"animal husb pp,,ry 1. They 9"'r''O""�',�"',,domesticatd,,",Onimals"k,ept for pleasure or as a hobby rather than utility, including, but nttpited to, 6; birds; dogs, four; cats, six; hen chickens (no roosters), fewer than five; and , bbits, t ier than five; 2. Their presence doe .,h� wt create undue noise or odors such as would create a nuisance or diminish the rO idential 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. 36 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 s ktuck trailers that are not located within a designated loading dock or loading bay s ted no less than fifty feet from any existing residential zoning district. G. Community Gardens. Comm unityns (accessory tan approved principal use) are considered an accessory use to aarjncipal use in all zoo �districts; provided, the garden is clearly secondary to, supportive off, and compatible WRIJ.,Jne principal use with regard to size and use. The And use clasiroatl'0id review rd'aAements of an accessory community garden s ell flow the type r 1) review require ents of YMC 15.13, and shall otherwise comoliy it all other t6Visions of the Yakima Municipal Code, and International Fire and Bud dan s. (04",`,,x'014-030 § 3, 2014; Ord. 2011- 52 § 4, 2011: Ord. 2010 0 § 4, 201Mrd. 20C)�5 § 1(port) 2008: Ord. 93-81 § 17, 1993: Ord. 3106 § 7; O,r. 2947 §, (part),orrr'6y 15.04.050). Section 4. S+ tion 15. 4 120 of the pity of Yakima Municipal Code is hereby amended to read as fo, 6 s. A Rdt ose. The co d ct of,%a usiness"'Within a dwelling may be permitted in the residents districts under eprovisops of this section. It is the intent of this section to: 1. Ensuree compatir of hd% occupations with other uses permitted in the residential districts; and 2. Maintain and preserve t character of residential neighborhoods; and 3. Promote theeicient a of public services and facilities by assuring these services are providedIo;;t "residential population for which they were planned and constructed, rather than imercial uses. B. Table of Permitted Home Occupations. Table 4-2 titled "Permitted Home Occupations" is incorporated as a part of this section. Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2) or (3) use for a particular residential zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection G of this section. 37 Table 4-2. Table of Permitted Home Occupations 38 Zoning District SR R-1 R-2 R-3 B-1 Accountant 1 1 1 1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast* 1 2 1 1 Business administration Cabinet, mill work, carpentry work 1 2 1 1 1 2 Catering service 2 2 2 2 2 Ceramics and sculpting Composer Day care, family home* Dentist 2 1 1 1 2 1 1 2 2 1 1 2 2 1 1 2 1 Dog grooming 2 3 3 3 3 Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Food preparation* 1 2 1 1 1 Home instruction* 1-5 students 1 1 1 11 1 1 1 6-8 students 2 2 2 2 2 F�ll w �c�C antra tor* 1 1 1 2 1 38 Table 4-2. Table of Permitted Home Occupations C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 39 Zoning District SR R-1 I R-2 R-3 B-1 Insurance agent 1 1 1 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 1 2 2 2 autornated or production line equipment Radio, television and small appliance repair 2 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Small engine repair 2 Wedding service 2 2 2 2 2 Unclassified home occupation See YMC 15.04.120(F) NOTES: * Refers to definition in YMC Chapter 15,02 1 = Type (1) Permitted Horne Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required x = Not Permitted C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 39 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, mate lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or"dors; 6. The home occupation does not generate �n wteri' Ily, greater traffic volumes than would normally be expected in the residential nei l�iborhood, 1 l mfr � �._ ekye e ;mllm m,tlUmoim mr of a sirmatd tam l� u e wittic l c� I) 7. There is no outside storage or J'"play of any kirk related to the home occupation; 8. The home occupation does equipment that would change the fire 9. The home occupation dos exceeds FCC standards for residbbtu 10. The home occupation do combined total use for the dwelling s average for residence �rt;;reighbc 11. A business#'irse is',prchas 12. The home o upaition is on in the dwelling; not reir rating of k" lot require l the use of ele of electrical or mechanical uipment that or sewer use so that the i;,,rignificantly more than the regwreo„', by immediate family members residing 13. All 5togk in on the, remises is produced on site by hand without tl use, 'o:f aq omate, o pro lUtti I'jne uipment. In granting appro a1, for a -,,l ame oc tion, the reviewing official may attach add itionW-ponditions to 'nr sure Abo, home occupation will be in harmony with, and not detriment6ttq;, the character of tine residential neighborhood. Any home occupation authorized un er the provisl6 s of this�title shall be open to inspection and review at all reasonable ties, ;y the bu(Iing and enforcement official for purposes of verifying compliance with the condition$;of approval and other provisions of this title, ,,. �r�rm aumt�tmr�Ma ogmmiu��l�r�u�tma�lm._�m rm�mt hnm tm! m �rilµl iuttr mt.... �urm ilr n p i � ui�...�,�, rel e wrip[ Gly following g dards- 1 om m.�ii wwm ��rwl iurmr cot nm lllr oir... rmmmmt Iha�d..� stored_om�mmalm� � airtliin °tl°mo s r oo .....�,,... !jesiterm for ...11 ohnecuppj� on actMfies and not vi�sluNe frorn the , tm�IlG lic ur°11�1b ..w 2, On those mat .lisle o � that Imre mfllize l t'.....m moldiuc °���....il�t....coniirie boon �...1fth the home oc �llp� �ium mm lm y �t �m,stoir� a ...m�aiothki lh m � � Illllllur�t° ���tl�,..1�� �-ce soir I � fl5hl. µ I Htll i m r"II� III�III or �����mbus a �e.....m ory� �m �� t .....1 � m a�roil,�. igia ri ls....._ hafll�.... e m`r�� ntalned airmmt����mjtiHll ze iin coiiirm��ii�alb iu� ....fir ode, .,. . n. _ ... _ � y..... r _ ....� ...����ees S 1avdv........, � aralllmlll !hat o...w� lyym�t�t� �� rni ,m 1tli m lirm m m rrcimmo a lmmmmm rrm olU� aiu�m Ilh ormlr t m o home a tomo m .. ,.home o 4a mm assocted fth theiire�snce. hoirrie.. oa,.. �. l � i � lii i ;urs.,( ir���lllgfliir����l�� � ��Il��ii� ... IIW�� llli..a ��n 1����� �iu�.��.. . i� �ir i � IMiu°ioi ir t:liuw�u ui �rr� .. EY oiir o � )gr�ri:ic r ...� a. r�e upg ii n t 'E, Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may waive part or all of the requirements for a site plan for Class (1 h e occupations,. Unclassified Home OccupationRevi`ew 1' the Hearing Examiner. Home occupations not listed in Table 4-2 shall be revs ,d y the hearing examiner in accordance with the provisions of YMC Chapter f��2; prtirr d, any unclassified home occupation permitted after review and decsiou ;ley the heady examiner in a particular district shall be allowed only as a Class (2) ±r,) use. operation o� invme estment, Occupations have aot Per itThe following uses, ', the nature of their pronounced, started, o gcrease beyond the limits permitted for home occupations and rt;ise and value f residentially zoned area for residential puroi,,Therefore; Muses listed below shall not be permitted as home occupations: 1. Auto repair; 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary cligr tc r hasp tal; 5. Painting of v w les, trai1 or boats 6. Large appliance air in (bding stoar �';refrigerators, washers and dryers; 7. Uphclstrg, r 8cr�rirI eet`rn'� shops 9. rtial arts 6,6 01 10xidermist; 11. Two-, ay radio and mobile tl",hone system sales and service; 12. Vehicle< ugn painting �6Xcept f+ f%fihe application of decals); 13. Firearm, s *s and/or t ilismith. i1;i. Denial of plicatorr a Home Occupation. An application for a home occupation shall be'0nied 4 t b administrative official finds that either the application or record fail to establds p�aipliance with the provisions of this chapter. When any application is denied, the`"' dministrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based. I.J. Parking. The administrative official shall determine parking requirements for home occupations, as provided by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter 15.06. (Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord. 3019 §§ 15-17, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.090). 41 Section 5. Section 15.14.050 Table 11-2 Notification of final decision of the City of Yakima Municipal Code is hereby amended to read as follows: 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 oth r - a, rdies r, e, c e, ivi ng, initial iwr ticellll pqiri�es of urecour ' 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 heaf�,'6aminer. (Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 52, 1987; Ord. 2947 § 1 (p,ft 986). Section 6. Section 15.26.010 of the amended to read as follows: 1 A. Intent. It is the purpose of this chapter, formerly charged under enviroar66ptal checklis street and alley vacations, sh6rdrte, its, chapter. Consolidation will provNde' ,any pc( simplified means for future fee adjustnts:'' B. Land Use Applictrorl;s. Yaki, Municipal Code is hereby ip co0sd idate land r ey, lopment fees a6 §tatements, as Well as fees for arld edestrian skybridges into one ss to': pjated charges and create a 20 it tut ....e e. Land se Permit Type 2t1.ci! i � Zoning Ordinance (YMC 15) Administrative adjustments $340.00 C..IUIIL......n.d..�.fiori �.�......s Use m.Q.Q.... 9 CeH III' .�..! .i .r.... .o.is.i�'.�.ca:t,�oin .. )....0.o eH Standard 500,,00 C'i:.IIIIIV.airs ii4nc 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 42 2011 City �V .. [Land Use Permit Type 20 5 ����'if I'°°°eo verlay districts $340.00 Planned development $560.00 Rezone (base rate) $560.00 Shoreline permit $355.00 Variance $700.00 "Fees for zoning applications are consolidated using the highest fee only. Subdivision Ordinance (YMC ) Binding site plan, preliminary $420.00 Final long plat, binding site plan $270.00 Final short plat $90.00 Long plat alteration or easement $380.00 release Preliminary long plat (base rate) $380.00 Preliminary short plat $340.00 Right-of-way vacation $420.00 Short plat alteration or easement $245.00 release Short plat exemption 1$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 $500.00 (base) ��� ..o i Il U tl� 1 � �IniEjg), Traffic concurrency $250.00 Section 7. Section 15.27.200 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.27.200 Definitions general,ly. Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard administration, in which case the definition only applies to that situation. "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact mala de only a point., "Adjacent" means to be nearby and not necessarily abtIn g. "Alluvial fan" is a low, outspread, relatively flat 0 ly sloping feature, shaped like an open fan or a segment of a cone, deposited at the place where it issues from a valley upon a plain or broad valley; wher'a tri' ut stream is near or at its junction with the main stream; or wherever d+ histriction in' : yalley abruptly ceases or the gradient of the stream suddenly decr,',, ,',$es. It is steepest 'ear the mouth of the valley where its apex points upstream andl ,slopes gently and o I outward with gradually decreasing gradient. r "Applicant" means a person, party, firm, cofporatth, or other I entity that proposes development, construction use on a rc',eof property. "Aquifer" means a saturated g66160id forrnation, whiq will yield a sufficient quantity of water to serve as a private or public yvaterply "Bank" means the land surface ab6v thert w y hig r dater mark that abuts a body of water and containa;it tt the ankfull � pth. "Bankfull depth" ea't's jhe ' Average' 6rti,c1, d"istand trgtween the channel bed and the estimated water',/;surface ele anion re ult dto completely fill the channel to a point above which water w'64Id,pnter (die floodplain pr intersect a terrace or hillslope. In cases where multiple channels east, fide brwfull Opt is the average depth of all channels along the pr�ecttgn "Bate fj od," for purposes e�% iministerdr� ,;,Part Four, means the flood having a one percent chance of beh§ quaIb ; r exceeded in any given year. (See IBC Section 1612 2 ) "Base floo4 elevation," for Purpos6i' f administering Part Four, means the elevation of the base fq"oo, including gave height, relative to the National Geodetic Vertical Datum, North Arnrican Vertical Datum, or other datum specified on the Flood Insurance Rate ap ;(Soe,t,Od',' Section 1612.2.) "Basement," for purpo /"bf 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 struptir that protects the shore from the forces of waves or currents. "Bulkhead" means a vertical or nearly vertic4l r slope protection structure placed parallel to the shore consisting of concrete, tjm6e , ,rock, or other permanent material not readily subject to erosion. "Building official" means the manager of +ode ad ministratiohw,nd planning division or a designee. "Channel" means an open conduit, eithr , naturjl or artificially., created, which periodically or continuously contains movinguitr,;-which forms aq nnecting link between two bodies of water. "Classification" means value and` hard categories tp which critical areas and natural resource lands will be assigned.' "Clearing" means the removal imberxsh, grate ground cover or other vegetative matter frgri a cel of land "Compaction" mesas compressing soit D'r I through some mechanical means to make it dsr. "Construction" means,, the„,Assembly, Ol cement, or installation of structures, roadways, tran sm is cion li-s� aid of , r impro Ments within a parcel of land. "Const(i,oti i ma t r ials,`4or the pi Odse of�oart Four, means all new construction and so ,Wintial im e6V0 lents Tall be d ra ,ducted with material and utility equipment resista6fio flood damag+' See'” nical Bulletin 2-93 for qualifying materials. (FEMA Section 60 S(,)(3)(ii)) "Constructisi,methods," for the purase of Part Four, means all new construction and substantial irrij rive nts shall be constructed using methods and practices that minimize flood damage. "Critical aquifer rhar'g+a" means an area with a critical recharging effect on an aquifer(s) used for pota± :ter or areas where a drinking water aquifer is vulnerable to contamination that wo a'Id 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, 45 "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"',,' §cream, lake, or pond for the purpose of increasing the depth of surface water, f obtaining minerals, construction aggregate, or landfill materials. This definition d� n jnclude excavation for mining within a pond created by a mining operation a 'roved r this chapter or under a local zoning ordinance, or a mining operatiop t -existence before zoning, shorelines, or critical areas permits were required for such +`rat ions. "Earth material" means any rock, natural a il, organic material or q bination thereof, "Enhance" means to strengthen any of 01 basic functional prop�rts s listed in YMC 15.27.504 that exist but do not perform at optirnttrn ffj iency�, "Optimum," refers to the most favorable or best performance of each fun,achievable fora sbcific segment of stream corridor.: "Ephemeral stream" means a str0m, that lows only Injesponse to precipitation with no groundwater association, usually ,�,t irty `days F, or year. The lack of any groundwater association r ; ults in a pack, of distinctive,ripaAw vegetation compared to the surrounding lan+e. "Erosion" means tk,r�wearing ray of tit"s surface as a result of the movement of wind, water, or ice, "Excavao"" fnans tyre rl fmoval o earth material. "Fill" rrf a 's � d addlition�-of any mblOjal, such as (by way of illustration) earth, clay, sand, ro„ gravelro 'opete Able, rubyl `,,,,,wood chips, bark, or waste of any kind, which �s solaced, stored o durifrad upon the surface of the ground resulting in an increase l ,Ihe natural sUr( ;e elevation. The physical structure of a shore stabilization structure shall not be coi (tiered filt." However, fill placed behind the structure is considered fill,` Strom bed aiaipulation for irrigation diversions shall not be considered fill. "Flood" means a g neral;and temporary condition of partial or complete inundation of normally dry land areas fbd1 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. "Flood proofing," for purposes of administering Peru, means any combination of structural and nonstructural changes or adjust,ti' t structures, which reduce or lessen flood damages to lands, water or wastet6r trey t facilities, structures and contents of buildings. "Floodway" means the regular channep�river, stream, orAh r watercourse, plus the adjacent land areas that must be r red in order to di a.ge the base flood without cumulatively increasing the water surf a elevation more then bne foot. "Floodway fringe," for purposes of administ6tibg " four, means Ahat portion of a floodplain which is inundated b l odwaters not within a defi ed floodway. Floodway fringes serve as tempor r "pf,;,a e for floc r, ters. "Grade" means the vertical locatupf ta, rund su. "Grade, existing" is the current gra OJn erthts undist t ed, natural condition or as disturbed by some pre o r inpolificatibtl' , r r "Grade, finish" i th" "final gran; of the �# w'h cdt f s to an approved plan. "Grade, naturalu the gra as it )t or have existed in its original undisturbed condition "Grade„ ro r "" is a stagy he '�r4ld con r s approximately to an approved plan. "Gradwr g'" err"e rs, ,,,"any ex( ion„ fnl'frrr w gar coM, ination thereof. "Groundwater" mans mt&e -khat ocWf� ' %beneath the land surface, also called subsume water or su�mra�n64rr -,rater. Groundwater includes water in the zone of saturation � water-beadb forrnat r "Hydrologic0fly related crifr+al area�F�,,�HRCA)" include all those areas identified in YMC 15.27.502, w lb re importt and deserving of protection by nature of their value for the functional prones founh YMC 15.27.504. "Hyporheic"mean grtwater area adjacent to and below channels where water is exchanged with chin," rater 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. Fly "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 chapt K' The term shall not include it vehicle," "commercial coach," "camping ve" "travel trailer," "park trailer," "tip -out," and any other similar vehicle, which is nidt,4nt h d, designed, constructed, or used as a single-family dwelling. "Manufactured home park or subdivision",, means a parcel; "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 p6fti'l destruction. "Ordinary high water mark" means a mark on laked rrd streams which can be found by examining the bed and banks and ascertainj'jig +re„ the presence and action of waters are common and usual, and so long continued in Ot'dinary years as to create a character mark upon the soil distinct from that Ofthe abuttin ,.b land. "Perennial stream" means a stream that fl , year-round in hOr al water years. "Project site" means that portion of any 6t parcel, tract, or corn ` opation thereof which encompasses all phases of the total developr + nt proposal. "Qualified professional" means a person Wite. pe�fjence, training',,,",expertise, and related work experience ,fpr the rele�rant critical area subject"''in accordance with WAC 365-195-905(4). The",pro e i nal sha(f a vide their qualifications to the administrative official to ensure ae �rtsiona(" his the acceptable level of qualifications and experience for the a I evancrt tic l area th ;y will be working in. "Recreation vehicle"' ktts.a vehicle which 1. Built on a sO0"Ie"Chas 2. Four hundre square projection; 3. Desigge to be sel pr 4 Caaged rjarily campih vel, or a o,rzal Restore" means to" r -e 15.27.50 �,t have beerk`c with measur`euch as revel "Restoration"oes not im or less°hen measured at the largest horizontal �) r perm hently towable by a light-duty truck; and temey live= quarters used during recreational, i rations, 60sh the basic functional properties listed in YMC or dtroyed through natural events or human activity tion ' removal or treatment of toxic materials, requirement for returning the site to aboriginal or pre - European settlern t,, conditi,di ; but rather the return of a critical area with vegetation and addressing of ah tcxnc m ierials from the date of the permit. "Revetment" acing 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 developrn,,pnts which are a normal appurtenance. "Slope" means an inclined ground surface the inp1144 6n of which is expressed as a ratio of horizontal distance to vertical distance. "Solid waste" means all putrescible and non wu ilrescib a alid and semisolid wastes including, but not limited to, garbage, rubbus-ood waste; ashes, industrial wastes, swill, demolition and construction wastes,, b ndoned vehicles ,fir parts thereof, and discarded commodities. "Special flood hazard area" means the lari w , the flop plain ide Bile by the Federal Emergency Management Agency that is subje� ;o percent or greater chance of flooding in any given year, comm rn(yknown as ont6-hundred-year floodplain "Start of construction," for purpgses ;p admini t ing Part Four; rwmu auu the date tl f lour t� `m a sd� f � e� e ach.4l...s;ta of �onstru ctioiu , u t u recon tru uctu rti ply un cr ott� r pr yeiu curt was within ) �� � y� f ...�t raututau� a ��flnent ���tlN��c,oust pprgiur�r��� b�tr�to�tluuaj� the. nu t llat�u f _.pu t >u , 0106 Ction of""""' �u � u iu oa u y u orl leu° you tl ti uo ter Of of re home iru a iir � lu ir.:..._... Permanen unci lr u � � r� uaratu it v u� lu � . u l� µ �uu ..w 1 u am * w i illi .. no avatuo� 01 a u u ou t. tluu� s our oiu t� a irurlatu u � Ilse a reuctuo utot�tclVu the boa lilt uiu�u log, ... �.......... walkw; uuou4 _. m...... .. .._.... �....�. t... ��qKy: tiro to �t��IVl ��� o r �t auud��� at�u buuuurv, _ .,,... µsheds got oouied wu llu ...aua ut r not )art of tl e iwTT irlct w , For a s bstantiW iirrwrov ""uiffie ut. the actual start of t tt tliii n „n a .... f f� t IVt I°�tir ii .. u t i .y w n u�w.�"�g � !, tri CtIL a l��irtf w. l gjlcfln pLor not t At al erati rt affectsthe iter nl 'ki,i im ins of the Ibuwiu1 n "Stream" means water contained within a channel either perennial, intermittent, or ephemeral. Streams include both natural watercourses and those modified by man (example: stream flow manipulation, channelization, and relocation of the channel). They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. "Stream corridor," as used in this chapter, means features listed and described in YMC 15.27.502. 50 "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. �p � ��Il ur l IJ..IIIn i m r r ur m m� d� urr m� � .1� u�y.�.�ur�tlln stat e � L m u�iu��trurr� mr� ,... ....... uts Il�efoi� � darngf e, ..4 � ip w�tui urm ... � u l j. r �lu� l � �Il�muW... �.,...ou r u¢uiiiur�r ...--J-�r ��ruu�uuir� i� _.. () EILrce *et yawlw ie of ttie s n.icture Ibefore the dainagg, "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�4rnoro rent" occurs when the first alteration of any wall, ceiling, floor, or other structural pad the building commences, whether or not that alteration affects the external dimensiort`of, the structure. The total value of all improvements to an individualtl't�u�re undertaken �sequent to March 4, 1986, the effective date of this title, shall b6sed to define "subst tJ ,l improvement" for said structure. The term does not, however, h ode either,, 1. Any project for improvement to astructu�o prnaly with existi{,sta�te or local health, sanitary or safety code sod' ifications wh ,ard'solely necessaryo assure safe living conditions; or 2. Any alteration of a structure listod o `rtha Nations a ister of Historic Places or a state inventory of historic places. f / F Use. See "use" asrde�`not,'fn (MC 66" apter "Utility equipmenor th�prpose p" Fej means all electrical, heating, ventilation, plumbin ndl air co itioning d',— Ment and ether service facilities shall be ry designed and/or othews eleted or loci so as to prevent water from entering or accumulatingwithin the 66 p ' unng co ition�s of flooding. egetr, are extending landward from the ordinary high ewe r mark lake o stream a,,6 cor from the edge of a wetland which is maintain .0 or otherwis llowad tea provide support for the performance of the basic functional rpperties of ream ' mdor, wetland and other hydrologically related critical areas ,het forth in "MC 15.x' X04 and 15.27.603. "Wetland" Mea s areas tha ; are inundated or saturated by surface water or ground water at a fregoeng and duration sufficient to support, and that under normal circumstances do Up port prevalence of vegetation typically adapted for life in saturated soil conditNoru�-;;'Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands 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. 51 "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. "Wildlife habitat" means an area of climate, soils, vegetation, relationship to water, location and/or other physical properties which are identified as having a critical importance to the maintenance of wildlife species. "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutment, projection, excavation, channel rectification, or improvement. (Ord. 2008-46 § 1 (part), 2008). Section 8. Section 15.27.407 of the City Of ma Municipal Code is hereby amended to read as follows,..,. 15.27.407 General standards. The following regulations shall apply inAf special flood haz�dareas pursuant to the IBC, ASCE-24, and HUD 24 CFR Part 3240",%' A. Anchoring and Construction Techni s,. All ma a fact ured renes must likewise be anchored to prevent flotation, collapse or iafral rni E. Utilities. ,-,,-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. VMter wells shialn be located q'ihigh gEqgq�,that is not in [tie floodwM . . . ................ .... ........... . . .... ...... . ................ . .. . . ......... ....... .. ....... ..... ....... . .. ........ . . . ..... . : ­ - - _­­ ­­­ ­­_ F. Subdivision Proposals. Subdivision proposals shall: a. Be consistent with the need to minimize flood d b. Have roadways, public utilities and other f and water systems located and constructed to t c. Have adequate drainage provided to r0j d. Include base flood elevation data; ars� e. In the cases where base,' flood elevatic greater than five acres or f6,,Jt' a step - generate the base flood elevati6 G. Watercourse portions of any watr or relocation of a vv� communities, the b (Ord. 2009-42 § 4, 2 ons P161 Yakima M'dnicipal Cade ljs h 'such as sewer, gas, electrical, s"Jlood damage; urs16JJood damage; 4ailable and ffi,subdivision is r analysis shal(`�6e required to The -flood-cdeil'pg,c,ap6,bity,,,within altered or relocated th t iined�`,,�'P`rl 11 be main o .0c, &�,,'approval of any alteration iverin&�s , Jtu�t , t , J , o' h s tai '6",,40partment shall notify adjacent 4 Ecology `Ahd FEMA f the proposed development, 46 § 1 ft ), 2008). )120�`;,Nbtice "Of',"decision — Public notice of the City of mend -:'read as follows: ]b,.Uf.UZU'N0t1C0 or aecision—eyouc notice. A. The nom 1 ,6 prior to 4 of decision `shall be'", rovided by first-class mail to the applicant and to any person wdecision, requested notice of the decision or who "o 6 'ei commented on the , licatioh" ihus becomin �al,ly irl i 1'd �i q.:�_p C d B. The notice of", ecinion shall be distributed by first-class mail to the par -toes 'e '1P -3 gpr!acant and er4iti, 41, rR-provided-,a­no_fiG --Of � PhG'MJ0F1 , 11 parfies of rec,ord,. ihe eveint ffiat i de6�sion to be rr4�ed COIISMU e lar airm i;­'fh,e event I I ti x1rit ( f 1;irluoted, rnateiNaf as deteirrn�ned b the Administrative Ot11,1@,, Qjty,,_of Yakima r!ya ............... ­­­­­-­ ............ . .. ....!Boca[9y!qe _y_p nofice Of 41E.� decis�o'i . ... . ....... ........ - . ..... . . .. ... .... j r to record otheir than...the a pljcarit §y!nggp§i ....... . ... .i t nLAW�Z zed ...... tj!je ostcard st'iall contain the oficI e. n, he everst that-a "g, notice S _Nl fpg!4.L i[I!(:.,ints of gE,ld )6,,0N)10,, RIAD"'internet hyl, !ink �to the D of Yaldrna'iz, webske wt'ierEl fl"�e Oectronic copies of ----------- !!�� --- . . . .............. the decm`birL. i N'.1 dowrfloaded,_ "I d _ainee.t ng .eirnerrt �r,idk;a �, _h5 wan(J1_.wt1i_eir.e_..a1 ,c _gopy may be obtained (Ord. 98-66 § 1 (part), 1998). 53 Section 10. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. Section 11. The findings within the October 19, 2011, Yakima Planning Commission's Recommendation, regarding these proposed text amendments are hereby adopted by the Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.030 (F), and are incorporated herein by this reference as if fully set forth herein. PASSED BY THE CITY COUNCIL, signed and approved this day of November, 2011, Cawley, Mayor ATTEST: Publication Date:. Effective Date. 54